Precedents of the U.S. House of Representatives (2017 series), Volume 1, Chapters 1

[Precedents of the U.S. House of Representatives (2017 series), Volume 1, Chapters 1 - 4]
[From the U.S. Government Publishing Office, www.gpo.gov]

115th Congress, 1st Session - - - - - - - - - - - - - - - - - - - House Document No. 115-62

PRECEDENTS

OF THE

United States

House of Representatives

CHARLES W. JOHNSON, III, J.D.

Parliamentarian of the House,

1994-2004

JOHN V. SULLIVAN, J.D.

Parliamentarian of the House,

2004-2012

THOMAS J. WICKHAM, Jr., J.D.

Parliamentarian of the House, 2012-

VOLUME 1

__________________________________________________________

COVERING PRECEDENTS THROUGH THE OPENING DAY OF
THE 115TH CONGRESS AND EMPLOYING CITATIONS TO THE
RULES AND TO THE HOUSE RULES AND MANUAL OF THAT CONGRESS
__________________________________________________________

_________________________________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Publishing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001

Preface to New Precedent Series

This book marks the inaugural volume in the fourth series of the
precedents of the United States House of Representatives. This series
continues the efforts of the Office of the Parliamentarian, pursuant to
law, to compile and publish the parliamentary precedents of the House.
The overarching role of the Office of the Parliamentarian is to
facilitate the orderly conduct of business in the House by applying
pertinent precedent to each procedural question as it arises, striving
always to achieve consistency and regularity in parliamentary practice.
In resolving questions of order, the Speaker and other presiding
officers of the House adhere to the jurisprudential principle of stare
decisis_a commitment to stand by earlier decisions. This fidelity to
precedent promotes analytic consistency and procedural predictability,
and thereby fosters legitimacy in parliamentary practice. To quote
Lewis Deschler, former Parliamentarian: ``If the precedents of the
House can be said to have an overriding function, it is to enable the
Members to govern themselves democratically and fairly and at the same
time execute the will of the majority.''
The compilation of the parliamentary precedents of the House is as
important as any other function of the Office of the Parliamentarian.
This compilation process begins when parliamentary or procedural events
occur on the floor of the House. These events are recorded in the
Congressional Record, which is reviewed and notated regularly by the
Parliamentarian. From these notations, a parliamentary syllabus is
prepared, stating the substance of the decision and its legal rationale
in suitably narrow terms. These ``headnotes'' are then logged in an
internal database and compiled annually into scrapbooks for use by the
Office. Finally, following years of analysis and review, the formal
precedents are published in works such as this_extracting the most
pertinent parliamentary events, and organizing them into a coherent and
logical framework. Each precedent is presented with Congressional
Record excerpts and annotated with descriptive procedural narratives
that concisely state the applicable legal principles at issue. The
published precedents thus represent for the House the most critical
element of what Thomas Jefferson referred to in 1800 as the
``parliamentary branch of the law.''
The first series of House precedents, compiling the early
precedents of the House from the First Congress through 1907, were
published at the beginning of the 20th century in the five-volume work
of Asher Hinds. The second series, compiled by Clarence Cannon, updated
Hinds' work by publishing precedents from 1908 to 1936 in three
additional volumes. The third series was commenced in 1974 by House
Parliamentarian Lewis Deschler. The Deschler series continued with
publications during the tenures of Parliamentarians William H. Brown,
Charles W. Johnson III, and John V. Sullivan, with a final volume of
the series published in 2013. The Deschler series, made up of 18
volumes, was published over a 35-year period, reflecting a broad span
of precedents dependent on the publication date of each individual
volume.
This fourth series of House precedents will maintain the overall
organizational structure of the preceding series. Thus, each chapter in
this new series will have a counterpart in the Deschler series,
covering the same general subject matter, and will analyze procedural
events occurring since the prior publication. The reasoning for this
editorial decision is perhaps best illustrated by a quote from Henry H.
Smith, a former Journal Clerk of the House, who wrote in 1890 that,
``[U]niformity of arrangement of matter in a work of this character is
of the first importance, and except for manifest reasons, should not be
changed.''
The series will continue the tradition of earlier volumes by
presenting not only binding precedents but also the institutional
history of the House. Thus, while the focus will typically be on formal
procedural decisions of the Chair, the series will examine a broader
range of House proceedings_from parliamentary rulings on discrete
points of order to customary usages that attend ceremonial occasions
and other non-legislative events.
The naming of this series (``Precedents of the United States House
of Representatives'') is a movement toward the original convention
found in the United States Code (2 U.S.C. Sec. 28) and an
acknowledgment of the evolution of the Office of Compilation of
Precedents_a division of the Office of the Parliamentarian. The manual
recordkeeping methods of the 1920s, when the Office of the
Parliamentarian first began compiling parliamentary rulings, have given
way to the sophisticated tools of the digital age. Paper files and
handwritten notations have now been supplanted by an internal
electronic database consisting of over 20,000 entries. The completion
of the Deschler series and this inaugural volume of the new series
would not have been possible without the two editors that anchor the
Office of Compilation of Precedents_Andrew Neal and Max Spitzer. The
contributions of these excellent attorneys to the development of that
office and the unyielding drive for consistent analysis and publication
of the precedents are gratefully acknowledged.
One challenge of this series will be to document the procedural
change that has occurred at a rapid pace since the publication of the
initial volumes of the Deschler series in the 1970s. Parliamentarian
Charles W. Johnson invoked this rapidity in his retirement letter of
2004, following forty years of service in the Office of the
Parliamentarian. He wrote: ``One need only refer to the prefaces of
Hinds, Cannon's, and Deschler's Precedents to gain a sense of the
extent of the procedural evolution in the House for the first 190 years
of the Republic, and then compare with that documented history the
nature and pace of more recent changes, to understand the enormity of
contemporary developments.''
Among the most fundamental developments has been the expanding role
of ad hoc special orders of business reported by the Committee on Rules
in the daily business of the House. The growth in the use of special
rules to provide for the consideration of otherwise privileged business
and the increased structuring of those rules will be documented in this
series. The series will also detail the decreased use of conference
committees as a means of resolving differences between the legislative
products of the two chambers. Evolving transparency requirements will
be addressed as the rules of the House have been modified to account
for technological change_for example, the ability to make House
documents available to Members and staff in electronic form. The series
will also illuminate continuity of Congress provisions adopted after
the terrorist attacks of September 11, 2001.
Finally, the goal of this series is to preserve a foundation for
future parliamentary decision-making in the body closest to the people
in our Federal government. The highly-organized structure and
illustrated citations will guide the sophisticated researcher of
parliamentary procedure and foster the transparency that is an
essential element of prudent lawmaking. Through the publication,
distribution, and use of this fourth series of precedents, the House
continues its commitment to its founding ideals of regularity and
consistency in parliamentary practice.

Thomas J. Wickham, Jr.
Parliamentarian
December 1, 2017

Acknowledgements

Acknowledgement is made with appreciation to the staff of the
Office of Compilation of Precedents, Catherine Moran, Bryan Feldblum,
and Parliamentarian Emeritus Charles W. Johnson_and all the staff at
the Office of the Parliamentarian_Ethan Lauer, Jason Smith, Anne Gooch,
Kyle Jones, Julia Cook, Lloyd Jenkins and Kristen Donahue for their
diligent annotation and documentation of the precedents. Assistance to
this work was provided by details from the Government Publishing
Office, Eve Hiers, Barbara Pike, and Alicia Torres and by interns
Krista Viksnins, Thomas Sudol, Madison Lamp, Daniel Bushner, Aaron
Garavaglia, Jasmine Young, Hannah Hanshaw, Megan Hawkins, Shannon Sun,
Emily Nevala, Drew Bencie, and Max Aulbach.

Thomas J. Wickham, Jr.
Andrew S. Neal
Max A. Spitzer

December 2017

Citation Notes for Precedents of the United States House of
Representatives

For Precedents of the United States House of Representatives, cite
to Parliamentarian last name, chapter, section number:
Precedents (Wickham) Ch. 1 Sec. 1.1

For Hinds' and Cannon's Precedents, cite to volume, series, section
number:
1 Hinds' Precedents Sec. 101; 7 Cannon's Precedents Sec. 3900

For Deschler's Precedents, Deschler-Brown Precedents, Deschler-
Brown-Johnson Precedents, and Deschler-Brown-Johnson-Sullivan
Precedents, cite to Deschler's Precedents, chapter, section number:
Deschler's Precedents Ch. 11 Sec. 1.1

Table of Abbreviations and Terms

A. (or A.2d) Atlantic Reporter
ad hoc For a particular purpose or end
A.L.R. American Law Reports Annotated
Am Jur American Jurisprudence
amend. Amendment to the Constitution
Annals of Cong. Annals of Congress (1789�091824)
App. D.C. Appeal Cases, District of Columbia
App. Div. Appellate Division
art. Article of the Constitution
C.A. Court of Appeals
Cert. Certiorari
cf. Compare with
CFR Code of Federal Regulations
Ch. Chapter
Cir. Circuit Court of Appeals (federal)
Cir. Ct. App. Circuit Court of Appeals (state)
cl. clause
Comm. Committee
Cong. Congress
Cong. Deb. Congressional Debates (1824�091837)
Cong. Globe Congressional Globe (1833�091873)
Cong. Rec. Congressional Record
contra Contradictory authority
Crim. App. Court of Criminal Appeals
Ct. Cl. Court of Claims
D. District Court (federal)
daily ed. Daily edition of Record
e.g. For example
et al. Omission of party in case name
et seq. And the following
ex rel. On the relation of. . .
Exec. Comm. Executive Communication
F (or F2d) Federal Reporter
FCA Federal Code Annotated
Fed. Reg. Federal Register
FRD Federal Rules Decisions
F Supp Federal Supplement
H. Con. Res. House Concurrent Resolution
H. Doc. House Document
H.J. Res. House Joint Resolution
H. Jour. House Journal
H.R. House Bill
H. Rept. House Report
H. Res. House Resolution
Id. Citation to same authority as in immedi-
ately preceding citation
i.e. That is
In re In the matter of . . .
infra Subsequent section or chapter
inter alia Among others
L.Ed (or L.Ed2d) Lawyers' Edition, U.S. Supreme Court
Reports
L.J. Law Journal
L. Rev. Law Review
Mem. Disposition of case without opinion
N.E. (or N.E.2d) North Eastern Reporter
N.W. (or N.W.2d) North Western Reporter
Op. Att'y Gen. Attorney General's Opinions
P. (or P.2d) Pacific Reporter
Per Curiam Disposition of case with short opinion
Priv. L. Private Law
Pub. L. Uncodified Statute or Session Law
S. Senate Bill
S. Con. Res. Senate Concurrent Resolution
S. Ct. Supreme Court Reporter
S. Doc. Senate Document
S.E. (or S.E.2d) South Eastern Reporter
Sess. Session
Sic Mistake in original of quoted material
S.J. Res. Senate Joint Resolution
S. Jour. Senate Journal
S. Rept. Senate Report
S. Res. Senate Resolution
So. (or So.2d) Southern Reporter
Stat. Statutes at large
Sup. Ct. Supreme Court
supra Prior section or chapter
S.W. (or S.W.2d) South Western Reporter
U.S. United States Supreme Court Reports
USC (or USCA) United States Code (or United States
Code Annotated)
U.S. Code Cong. & Ad. United States Code Congressional and
News Administrative News
U.S. Const. United States Constitution
U.S.L.W. United States Law Week

Contents

Chapter 1. Assembly of Congress

A. Sessions of Congress

Sec. 1. In General
Sec. 2. The Date of Convening

B. Meeting and Organization

Sec. 3. Clerk as Presiding Officer
Sec. 4. Election of Speaker
Sec. 5. Speaker as Presiding Officer
Sec. 6. Adoption of Rules
Sec. 7. Organization at a Second Session
Sec. 8. Legislative Business of a Prior Session

C. Other Assembly and Convening Issues

Sec. 9. Hour of Meeting
Sec. 10. Place of Meeting
Sec. 11. Recall, Reassembly, and Emergency Convening

Chapter 2. Oaths

Sec. 1. In General; Status of Members-elect and Delegates-elect
Sec. 2. Presentation of Credentials and the Clerk's Roll
Sec. 3. Administering the Oath
Sec. 4. Challenging the Right to be Sworn

Chapter 3. Party Organization

A. The Democratic Caucus and the Republican Conference

Sec. 1. In General
Sec. 2. Role of Parties at Organization
Sec. 3. Other Duties and Functions of the Caucus or Conference
Sec. 4. Party Committees and Other Informal Groups

B. Floor Leaders and Party Whips

Sec. 5. In General
Sec. 6. The Majority Leader and the Minority Leader
Sec. 7. Party Whips

C. Committee Assignments

Sec. 8. Electing Members to Committees
Sec. 9. Committee Size and Ratios; Limitations on Service
Sec. 10. Committee Procedures and Staff

D. Party Affiliation and Debate

Sec. 11. Recognition for Debate Based on Party Affiliation
Sec. 12. Non-Legislative Debate

Chapter 4. House Facilities and Capitol Grounds

A. Hall of the House

Sec. 1. Control of the Hall of the House Generally
Sec. 2. The Electronic Voting System; Legislative Call System
Sec. 3. Audio-Visual Broadcast of House Proceedings
Sec. 4. Galleries
Sec. 5. Admission to the House Floor
Sec. 6. Former Members' Floor Privileges

B. Capitol Grounds

Sec. 7. The Capitol Complex
Sec. 8. House Office Buildings
Sec. 9. The Capitol Visitor Center
Sec. 10. The Senate Chamber

CHAPTER 1

Assembly of Congress

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Commentary and editing by Andrew S. Neal, J.D. and Max A. Spitzer,
J.D., LL.M.
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A. Sessions of Congress

Sec. 1. In General
Sec. 2. The Date of Convening

B. Meeting and Organization

C. Other Assembly and Convening Issues

Sec. 9. Hour of Meeting
Sec. 10. Place of Meeting
Sec. 11. Recall, Reassembly, and Emergency Convening

Assembly of Congress

A. Sessions of Congress

Sec. 1. In General

An understanding of the rules and proceedings of the United States
House of Representatives begins with an examination of the first day of
a new Congress. This series of parliamentary precedents will proceed
from that opening day when the House first assembles, through an
exploration of procedures that are used both on a regular basis as well
as those used less frequently (including historical usages), and will
end with a discussion of adjournments of the House, including the final
adjournment sine die of a congressional session.
This chapter is primarily concerned with the procedural steps and
principles involved in organizing the House of Representatives as a
parliamentary body at the opening of a new Congress. The customs,
traditions, and precedents of the House mandate the proceedings (and
the order in which they occur) that must take place when the House
first assembles. The first division of this chapter is a general
introduction to the terms and concepts used throughout this chapter and
other chapters in this series. It distinguishes between different types
of meetings that the House conducts, how the term ``session'' is used
in different contexts, and what it means to convene the House for
legislative activity. It also addresses the initial date of convening,
including the constitutional requirements surrounding the setting of
that date and the ability of Congress to set a different date by law.
The second division deals primarily with the rules and customs
adhered to on opening day of a new Congress. It proceeds roughly
chronologically through the various steps of organization, including
the initial quorum call of Members-elect, the election of the Speaker,
and the administration of the oath of office. It further covers the
procedural landscape prior to the adoption of the standing rules of the
House and the customs and precedents incident to their adoption. It
concludes with a discussion of organization at a second (or subsequent)
session of the House, and analysis of legislative business that carries
over from one session to another or from one Congress to another.
The third division addresses other convening issues, such as
distinguishing legislative days from calendar days and setting the
daily hour at which the House is to meet for a given session. It also
discusses the constitutional requirement regarding the place of meeting
and the ability of Congress to assemble at a different location.
Finally, it examines the procedures involved in recalling the House
from an adjournment so that it may reassemble and conduct legislative
business, as well as emergency convening authorities and how they are
exercised.

Terms and Concepts

The term ``session'' in the context of meetings of Congress can
have a variety of meanings, so it is important to distinguish one type
of session from another. The ``lifespan'' of a Congress encompasses the
two-year term for which Members of the House are elected, beginning on
the constitutionally-required January 3 start date⁽¹⁾ (even
if the House delays its formal convening until a later
date)⁽²⁾ and typically ending with sine die adjournment
(although the House may still take actions through its committees until
noon on January 3).⁽³⁾ Within that two-year period, Congress
usually meets in two separate sessions. The President also has the
authority to call special sessions of Congress, though this power has
not been exercised in many years.
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1. U.S. Const. amend. XX; House Rules and Manual Sec. 242 (2017).
2. See Sec. 2, infra.
3. For more on adjournment, see Deschler's Precedents Ch. 40 and
Precedents (Wickham) Ch. 40.
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The term ``session'' may also refer to particular kinds of meetings
of the House or of Congress. For example a joint session occurs when
both the House and Senate meet together in the House Chamber. Joint
sessions are typically used when Congress wishes to hear an address
from the President (including the annual address on the state of the
Union),⁽⁴⁾ and every four years Congress meets in joint
session to count the electoral votes for President.⁽⁵⁾ Joint
sessions should be distinguished from joint meetings, which are
typically used when the House and Senate wish to meet together to hear
an address from a foreign dignitary or other personages.⁽⁶⁾
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4. For more on joint sessions of Congress to receive presidential
messages, see Deschler's Precedents Ch. 35 Sec. Sec. 4, 5 and
Precedents (Wickham) Ch. 35.
5. For more on presidential elections and the electoral college, see
Deschler's Precedents Ch. 10 and Precedents (Wickham) Ch. 10.
6. For more on ceremonial joint meetings, see Deschler's Precedents
Ch. 36 Sec. 23 and Precedents (Wickham) Ch. 36.
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The House will occasionally meet in what is termed a pro forma
session. This type of meeting generally does not involve the conduct of
any legislative business, and may last as little as a few minutes
before the House adjourns. Such meetings are typically used when the
two Houses are unable to agree to an adjournment resolution and the
House needs to conduct a meeting pursuant to the constitutional
requirement of convening every third day.⁽⁷⁾
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7. U.S. Const. art. I, Sec. 5, cl. 4; House Rules and Manual Sec. 84
(2017).
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The House also (though rarely) conducts secret sessions pursuant to
clause 10 of rule XVII.⁽⁸⁾ These special meetings of the
House are closed to the public, and only Members who have signed an
oath of secrecy may attend.⁽⁹⁾
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8. House Rules and Manual Sec. 969 (2017).
9. For more on secret sessions of the House, see Deschler's Precedents
Ch. 29 Sec. 85 and Precedents (Wickham) Ch. 29.
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Sec. 2. The Date of Convening

As noted above, the 20th amendment to the U.S. Constitution
requires Congress to assemble at least once a year and provides that
such assembly take place at noon on January 3 unless Congress has, by
law, appointed a different day.⁽¹⁾ Since the ratification of
the 20th amendment in 1933, Congress has traditionally conducted one
session each year. The only exceptions occurred in the 75th and 76th
Congresses,⁽²⁾ when President Franklin Roosevelt exercised
his power under article II, section 3, of the Constitution, to convene
two special sessions of Congress.⁽³⁾
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1. For the first assembly of Congress pursuant to the 20th amendment,
see Deschler's Precedents Ch. 1 Sec. 3.5.
2. See Deschler's Precedents Ch. 1 Sec. Sec. 2.1-2.3.
3. Parliamentarian's Note: President Franklin Roosevelt's exercise of
these convening authorities occurred after sine die adjournment
of the first session of the 75th and 76th Congresses in 1937
and 1939 respectively. Thus, upon reconvening pursuant to the
presidential proclamation, the House and Senate met in a second
session of each respective Congress (with the subsequent
regular session constituting a third session of those
Congresses). By contrast, President Harry Truman convened
Congress on two occasions (in 1947 and 1948) during a regular
adjournment period (not sine die). Thus, those meetings of
Congress constituted extensions of the first and second
sessions of the 80th Congress.
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Congress has frequently changed the date of convening by joint
resolution enacted into law.⁽⁴⁾ In most cases, this action
was simply a matter of convenience_for example, the desire of Members
to avoid conducting an opening-day session on a weekend or other
inconvenient time. Because of the relatively uncontroversial nature of
such laws, the House has typically considered joint resolutions to
change the convening date by unanimous consent⁽⁵⁾ or
suspension of the rules⁽⁶⁾ (though special orders of
business have also been used).⁽⁷⁾ Though rare, amendments to
such joint resolutions are in order.⁽⁸⁾ The Chair does not
normally interpret constitutional provisions in response to
parliamentary inquiries, but the Chair has provided to Members a
constitutional citation for the authority of Congress to change the
date of convening.⁽⁹⁾
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4. A complete list of all public laws since the 74th Congress in 1937
changing the date of convening for a session of Congress can be
found at: House Rules and Manual Sec. 243 (2017). For an
example of ``precall'' authority provided in a joint resolution
changing the date of convening, see Sec. 11.9, infra.
5. See Sec. 2.4, infra.
6. See Sec. 2.2, infra.
7. See Sec. 2.3, infra.
8. See Deschler's Precedents Ch. 1 Sec. 3.8.
9. See Sec. 2.1, infra.
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Expiration of a Session

A session of Congress formally ends or expires when both Houses
agree to a concurrent resolution providing for adjournment sine die
(literally ``without day'').⁽¹⁰⁾ An adjournment sine die
takes the House into a period of adjournment until the next session,
which will either occur at noon on January 3 or on a different date
should Congress enact a law changing the date of convening. In the
absence of a concurrent resolution providing for sine die adjournment,
a session of Congress will ``naturally'' expire at noon on January 3,
as that is the constitutionally-prescribed date on which the terms of
Senators and Representatives begin.⁽¹¹⁾ Thomas Jefferson, in
his Manual of Parliamentary Practice, describes this form of
termination as the ``dissolution of the efflux of their
time.''⁽¹²⁾ If the House is still in session on January 3,
the Chair will typically declare the House adjourned sine die a few
moments prior to noon. Alternatively, the Chair may await a motion to
adjourn from the floor.⁽¹³⁾
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10. For adjournments sine die generally, see Deschler's Precedents Ch.
40 Sec. Sec. 14-18 and Precedents (Wickham) Ch. 40.
11. For an example of the expiration of a first session on January 3,
see Sec. 2.5, infra. See also 125 Cong. Rec. 37773, 37774, 96th
Cong. 1st Sess. (Jan. 3, 1980); 137 Cong. Rec. 36367, 102d
Cong. 1st Sess. (Jan. 3, 1992); 141 Cong. Rec. 38609, 38610,
104th Cong. 1st Sess. (Jan. 3, 1996); and 157 Cong. Rec. 21498
112th Cong. 1st Sess. (Jan. 3, 2012). For an example of the
expiration of a second session on January 3, see Sec. 2.6,
infra. See also 154 Cong. Rec. 24811-13, 110th Cong. 2d Sess.
(Jan. 3, 2009). For a similar expiration of the final session
of the 76th Congress in the Senate, see Deschler's Precedents
Ch. 1 Sec. 2.4.
12. House Rules and Manual Sec. 590 (2017).
13. See 137 Cong. Rec. 36367, 102d Cong. 1st Sess. (Jan. 3, 1992).
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Pursuant to section 132(a) of the Legislative Reorganization Act of
1946,⁽¹⁴⁾ Congress is technically obligated to adjourn sine
die by July 31 (in even-numbered years). However, while the term
``shall'' is used, the act specifically states that such provision is
applicable ``[u]nless otherwise provided by the Congress.'' This
language has been interpreted to authorize a waiver of this law via
concurrent resolution (which may provide for an alternate adjournment
schedule), and such resolutions have used the phrase ``in consonance
with section 132(a)'' to formally indicate a waiver of that
provision.⁽¹⁵⁾ This provision of law is inapplicable in
cases of national emergency.⁽¹⁶⁾
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14. P.L. 79-601, 60 Stat. 812 (as amended by the Legislative
Reorganization Act of 1970, P.L. 91-510, Sec. 461, 84 Stat.
1140).
15. See Deschler's Precedents Ch. 40 Sec. 16.
16. See Deschler's Precedents Ch. 1 Sec. 3.7.
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Pro Forma Sessions

As noted above, a pro forma session of the House is a regular
legislative session of the House at which no substantive business is
expected to occur. Under the Constitution, neither House of Congress
may adjourn for more than three days without the consent of the other
body. In cases where an adjournment for a longer period is desired_but
the two Houses are unable to agree on a concurrent resolution of
adjournment_the House may provide for one or more pro forma sessions to
bridge the gap between the date of adjournment and the date of next
convening.⁽¹⁷⁾
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17. See Sec. 2.11, infra. See also Deschler's Precedents Ch. 1
Sec. 3.9.
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It is not uncommon for the House to provide for one or more pro
forma sessions to begin a second session of Congress. At such sessions,
an order of the House provides that no organizational business occurs,
and the initial quorum call to begin the second session will be delayed
until the date when regular legislative activities are scheduled to
commence.⁽¹⁸⁾
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18. See Sec. Sec. 2.8, 2.9, infra.
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In the event that a concurrent resolution providing for sine die
adjournment of both Houses is unable to be adopted, the House may (by
simple resolution) provide for a series of pro forma sessions to end
the legislative session instead.⁽¹⁹⁾ The House may also
authorize a series of recesses of the House that continue a single
legislative day through a number of calendar days, but which do not
violate the three-day limit imposed by the Constitution.⁽²⁰⁾
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19. See Sec. 2.12, infra.
20. See Sec. 2.9, infra.
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Date of Convening

Sec. 2.1 While the Chair does not construe the constitutionality of a
proposed action of the House, the Chair may cite for the
information of Members the provision of the Constitution pursuant
to which a joint resolution setting a convening day for the next
Congress will be considered.

On November 26, 1974,⁽²¹⁾ Members of the House debated
the ability of the House and Senate to set the date of convening for
the following Congress:
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21. 120 Cong. Rec. 37407-408, 93d Cong. 2d Sess.
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Mr. [Garry] BROWN of Michigan. Mr. Speaker, if this Congress
can set a different date than January 3 for the convening of the
new Congress why cannot this Congress set a convening day of August
15, or even December 31 of 1975, since the Constitution stipulates
that the Congress meet once each year?
Mr. [Thomas] O'NEILL [of Massachusetts]. I suppose we could do
that if we wanted to do it. I know that the 90th Congress convened
on January 19. So we are following the will of the House and the
Senate.
Mr. BROWN of Michigan. I know that there has been a precedent
established by the Congress of passing a bill and being signed by
the President, so, in the terms of the Constitution a new date for
convening has been set by the Congress, but, may I ask, has that
issue ever been contested, and judicially determined, so that the
procedure can properly be called a precedent?
Mr. O'NEILL. I would have to say to the gentleman from Michigan
that the gentleman would have to ask the Speaker that question as a
parliamentary inquiry, or perhaps the Parliamentarian.
Mr. BROWN of Michigan. If the gentleman will yield still
further, and I do not intend to be difficult on this issue, because
I recognize that that could make me persona non grata, but I have
pursued this subject and raised this issue before. I frankly do not
believe that this Congress can set a different date for the
convening of the House and the Senate other than the day set by the
Constitution, and that is January 3.
The SPEAKER.⁽²²⁾ The gentleman is not stating a
parliamentary inquiry, but if he wants the constitutional citation,
the Chair is prepared to give it.
---------------------------------------------------------------------------
22. Carl Albert (OK).
---------------------------------------------------------------------------

Mr. BROWN of Michigan. I would appreciate if the Chair would.
The SPEAKER. Clause 2, section II of the 20th amendment:

The Congress shall assemble at least once in every year, and such meeting
shall begin at noon on the 3d day of January, unless they shall by law
appoint a different day.

Mr. BROWN of Michigan. Mr. Speaker, that language appertains to
that Congress. The logic is there and clear. This Congress,
accordingly, can say to the next Congress, ``You cannot meet until
December 31, 1975.'' Obviously, that is not a logical objective of
Congress.
The SPEAKER. This has been the congressional interpretation of
that provision of the Constitution. The Chair does not want to get
involved in this, but the Chair thinks if the Constitution meant
something else, it would state ``meet every other year.''
Mr. BROWN of Michigan. Mr. Speaker, I wish the Speaker would
cite other precedents than his own precedents.
I thank the Speaker.

Sec. 2.2 A joint resolution providing for the convening of the second
session of the 93d Congress on January 21, 1974, was considered and
passed under suspension of the rules.

On December 17, 1973,⁽²³⁾ the following occurred:
---------------------------------------------------------------------------
23. 119 Cong. Rec. 42059, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, I move to
suspend the rules and pass the Senate joint resolution (S.J. Res.
180) relative to the convening of the second session of the 93d
Congress.
The Clerk read as follows:

S.J. Res. 180

Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled, That the second regular session of the
Ninety-third Congress shall begin at noon on Monday, January 21, 1974, or
at noon on the second day after their respective Members are notified to
reassemble in accordance with section 2 of this resolution, whichever event
first occurs.

Sec. 2. The Speaker of the House of Representatives and the President pro
tempore of the Senate, or the Majority Leader of the Senate and the
Majority Leader of the House of Representatives, or the Minority Leader of
the Senate and the Minority Leader of the House of Representatives, shall
notify the Members of the Senate and the House of Representatives,
respectively, to reassemble whenever in their opinion the public interest
shall warrant it.

Sec. 2.3 A joint resolution providing for the convening of the second
session of the 107th Congress on January 23, 2002, was considered
and passed pursuant to a special order of business resolution
reported by the Committee on Rules.

On December 20, 2001,⁽²⁴⁾ the following occurred:
---------------------------------------------------------------------------
24. 147 Cong. Rec. 27578, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF H. RES. 322, APPOINTING DAY FOR
THE CONVENING OF THE SECOND SESSION OF THE 107TH CONGRESS

The Clerk read the resolution, as follows:

H. Res. 322

Resolved, That upon the adoption of this resolution it shall be in order
to consider in the House a joint resolution appointing the day for the
convening of the second session of the One Hundred Seventh Congress. The
joint resolution shall be considered as read for amendment. The previous
question shall be considered as ordered on the joint resolution to final
passage without intervening motion except: (1) one hour of debate equally
divided and controlled by the Majority Leader and the Minority Leader or
their designees; and (2) one motion to recommit.

The SPEAKER pro tempore.⁽²⁵⁾ The gentleman from
Washington (Mr. Hastings) is recognized for 1 hour.
---------------------------------------------------------------------------
25. David Camp (MI).
---------------------------------------------------------------------------

Mr. [Richard (Doc)] HASTINGS of Washington. . . .
Mr. Speaker, House Resolution 322 is a closed rule providing
for consideration of a joint resolution appointing the day for the
convening of the second session of the 107th Congress. The joint
resolution shall be considered as read for amendment.
The previous question shall be considered as ordered on the
joint resolution to final passage without intervening motion
except: (1) 1 hour of debate, equally divided and controlled by the
Majority Leader and the Minority Leader or their designees; and (2)
one motion to recommit.
Mr. Speaker, we had hoped to bring this resolution to the floor
under unanimous consent agreement, but were unable to secure such
an agreement. Accordingly, in the interest of completing the work
of the House as expeditiously as possible, I encourage my
colleagues to support both this rule and the resolution that it
makes in order.
Mr. Speaker, I reserve the balance of my time.
Mr. [Jonas] FROST [of Texas]. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, this rule makes in order a joint resolution which
sets the date for convening of the second session of the 107th
Congress as January 23, 2002. This is a totally noncontroversial
rule and joint resolution, and I urge adoption of both.

Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield back the
balance of my time, and I move the previous question on the
resolution.
The previous question was ordered.
The resolution was agreed to.

Sec. 2.4 A joint resolution providing for the convening of the first
session of the 114th Congress on January 6, 2015, was considered
and passed by unanimous consent.

On November 14, 2014,⁽²⁶⁾ the following occurred:
---------------------------------------------------------------------------
26. 160 Cong. Rec. H7985 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

APPOINTING THE DAY FOR THE CONVENING OF THE FIRST SESSION OF
THE ONE HUNDRED FOURTEENTH CONGRESS

Mr. [Kevin] McCARTHY of California. Mr. Speaker, I send to the
desk a joint resolution (H.J. Res. 129) appointing the day for the
convening of the first session of the One Hundred Fourteenth
Congress, and ask unanimous consent for its immediate consideration
in the House.
The Clerk read the title of the joint resolution.
The SPEAKER pro tempore.⁽²⁷⁾ Is there objection to
the request of the gentleman from California?
---------------------------------------------------------------------------
27. Steve Womack (AR).
---------------------------------------------------------------------------

There was no objection.
The text of the joint resolution is as follows:

H.J. Res. 129

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first regular session of
the One Hundred Fourteenth Congress shall begin at noon on Tuesday, January
6, 2015.

The joint resolution was ordered to be engrossed and read a
third time, was read the third time and passed, and a motion to
reconsider was laid on the table.

Expiration of Sessions

Sec. 2.5 The House convened for the final meeting of the first session
of the 113th Congress on January 3, 2014, at which (following a
brief recess) the Chair declared the House adjourned sine die
pursuant to the 20th amendment to the Constitution.

On January 3, 2014,⁽²⁸⁾ the House convened at 11:00
a.m., approved the Journal, recessed until 11:55 a.m., and then
adjourned sine die as follows:
---------------------------------------------------------------------------
28. 159 Cong. Rec. H8137 [Daily Ed.], 113th Cong. 1st Sess. For similar
sine die adjournment of the Senate, see 159 Cong. Rec. S9121
[Daily Ed.], 113th Cong. 1st Sess. (Jan. 3, 2014).
---------------------------------------------------------------------------

THE JOURNAL

The SPEAKER pro tempore.⁽²⁹⁾ Pursuant to section
6(a) of House Resolution 438, the Journal of the last day's
proceedings is approved. . . .
---------------------------------------------------------------------------
29. Thomas Petri (WI) -------------------
---------------------------------------------------------------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Messer) at 11 o'clock and 55 minutes a.m.
. . . -------------------

SINE DIE ADJOURNMENT

The SPEAKER pro tempore.⁽³⁰⁾ Pursuant to the 20th
amendment to the Constitution, the Chair declares the first session
of the 113th Congress adjourned sine die.
---------------------------------------------------------------------------
30. Luke Messer (IN)
---------------------------------------------------------------------------

Accordingly (at 11 o'clock and 56 minutes a.m.), the House
adjourned.

Sec. 2.6 The House convened for the final meeting of the second session
of the 112th Congress on January 3, 2013, at which the Chair
declared the House adjourned sine die pursuant to the 20th
Amendment to the Constitution.

On January 3, 2013,⁽³¹⁾ the House convened at 11:00
a.m., approved the Journal, recessed until 11:55 a.m., and then
adjourned sine die as follows:
---------------------------------------------------------------------------
31. 158 Cong. Rec. H7587, H7588, H7589 [Daily Ed.], 112th Cong. 2d
Sess.
---------------------------------------------------------------------------

THE JOURNAL

The SPEAKER.⁽³²⁾ The Chair has examined the Journal
of the last day's proceedings and announces to the House his
approval thereof. Pursuant to clause 1, rule I, the Journal stands
approved.
---------------------------------------------------------------------------
32. John Boehner (OH).
---------------------------------------------------------------------------

The House met at 11 a.m. and was called to order by the
Speaker. . . . -------------------

RECESS

The SPEAKER. Pursuant to clause 12(a) of rule I, the Chair
declares the House in recess subject to the call of the Chair.
Accordingly (at 11 o'clock and 3 minutes a.m.), the House stood
in recess. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. [Robert] Dold [of Illinois]) at 11 o'clock
and 55 minutes a.m. . .
. -------------------

SINE DIE ADJOURNMENT

The SPEAKER pro tempore. Pursuant to the 20th amendment to the
Constitution of the United States, the Chair declares the 112th
Congress adjourned sine die.
Thereupon (at 11 o'clock and 56 minutes a.m.), the House
adjourned.

Pro Forma Sessions

Sec. 2.7 The House by unanimous consent vacated a previous order
providing that the House meet in pro forma sessions on certain days
for the remainder of the session until otherwise ordered by the
House, and instead agreed to meet on the following day.

On November 2, 1977,⁽³³⁾ the House agreed to the
following unanimous-consent request regarding meeting dates for the
remainder of the session:
---------------------------------------------------------------------------
33. 123 Cong. Rec. 36659, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

PERMISSION FOR THE HOUSE TO MEET ON TUESDAYS AND FRIDAYS UNTIL
FURTHER ORDER

Mr. [James] WRIGHT [of Texas]. Mr. Speaker, I ask unanimous
consent that from and after November 4, 1977, during the remainder
of this session, the House shall meet only on Tuesdays and Fridays
of each week until the further order of the House.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
Mr. [Robert] BAUMAN [of Maryland]. Reserving the right to
object, from the date that the gentleman uses, does he contemplate
a session this Friday?
Mr. WRIGHT. If the gentleman will yield, there will be a pro
forma session the day after tomorrow.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection.

However, on November 29, 1977,⁽³⁴⁾ the House agreed by
unanimous consent to vacate the previous order so that the House could
meet the next day (a Wednesday):
---------------------------------------------------------------------------
34. 123 Cong. Rec. 38003, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

VACATING ORDER OF THE HOUSE OF WEDNESDAY, NOVEMBER 2, 1977,
PROVIDING FOR THE HOUSE TO MEET ONLY ON TUESDAYS AND FRIDAYS

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I ask
unanimous consent that the order of the House of Wednesday,
November 2, 1977, providing for the House to meet only on Tuesdays
and Fridays, be vacated and that when the House adjourns today, it
adjourn to meet at noon on Wednesday, November 30, 1977. . . .
The SPEAKER pro tempore.⁽³⁵⁾ Is there objection to
the request of the gentleman from Washington?
---------------------------------------------------------------------------
35. James Wright (TX).
---------------------------------------------------------------------------

There was no objection.

Sec. 2.8 Pursuant to a concurrent resolution agreed to in the first
session of the 102d Congress, the Speaker announced on January 3,
1992, that no organizational or legislative business would be
conducted in the House until January 22, 1992 (unless the two
Houses were recalled by the joint leaderships).

On January 3, 1992,⁽³⁶⁾ the House convened to begin the
second session of the 102d Congress, but, pursuant to a previously-
adopted concurrent resolution, organizational business was postponed
and the House conducted a pro forma session only:
---------------------------------------------------------------------------
36. 138 Cong. Rec. 2, 9, 25, 102d Cong. 2d Sess.
---------------------------------------------------------------------------

This being the date fixed by the 20th amendment of the
Constitution of the United States for the annual meeting of the
Congress of the United States, the Members of the 102d Congress met
in their Hall and, at 12 noon, were called to order by the Speaker
of the House of Representatives, Hon. Thomas S. Foley.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
At the beginning of this new day, we are grateful as
individuals and as a nation, O God, for all the blessings we have
been given. As we anticipate the opportunities and difficulties
that are . . . -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³⁷⁾ Pursuant to the provisions of House
Concurrent Resolution 260, 102d Congress, the House shall conduct
no organizational or legislative business until January 22, 1992,
or until the House is notified of legislative business pursuant to
section 3 of that concurrent resolution.
---------------------------------------------------------------------------
37. Thomas Foley (WA). -------------------
---------------------------------------------------------------------------

PLEDGE OF ALLEGIANCE

The SPEAKER. Will the gentleman from Mississippi (Mr.
[Gillespie V. (Sonny)] Montgomery) please come forward and lead the
House in the Pledge of Allegiance.
Mr. MONTGOMERY led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for
all. -------------------

A PROPOSAL TO REINVIGORATE THE ECONOMY

(Mr. [Bill] RICHARDSON [of New Mexico] asked and was given
permission to address the House for 1 minute and to revise and
extend his remarks and include extraneous matter.) . . .

FROM CAPE HOPE TO CAPE FEAR AND BACK AGAIN

The SPEAKER pro tempore. Under a previous order of the House,
the gentleman from Missouri [Mr. Gephardt] is recognized for 60
minutes.
Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, when the
House last met, shortly before Thanksgiving, the President was
unable to settle on a plan for ending the recession. There was
confusion over whether he wanted the Congress to stay in session
during December, or to wait for his economic proposals in the State
of the Union Address.
Members of the White House staff and the Cabinet communicated
directly to our leadership that the President would not be
submitting a recovery plan in December, and that he wanted Congress
to go into recess. . .
. -------------------

ADJOURNMENT TO WEDNESDAY, JANUARY 22, 1992

Mr. [Robert] WALKER [of Pennsylvania]. Madam Speaker, I move
that the House do now adjourn.
The motion was agreed to.
The SPEAKER pro tempore. Pursuant to the provisions of House
Concurrent Resolution 260 of the 102d Congress, the House stands
adjourned until 12 noon Wednesday, January 22, 1992.
Thereupon (at 2 o'clock and 50 minutes p.m.), pursuant to House
Concurrent Resolution 260, the House adjourned until Wednesday,
January 22, 1992, at 12 noon.

Sec. 2.9 The House agreed to a privileged resolution reported by the
Committee on Rules authorizing the Speaker to declare the House in
recesses subject to calls of the Chair during three discrete
periods, each consistent with the constitutional constraint that
neither House recess or adjourn for more than three days without
the consent of the other House.

On December 21, 1995,⁽³⁸⁾ the following occurred:
---------------------------------------------------------------------------
38. 141 Cong. Rec. 38141, 38149, 38150, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

RESOLUTION AUTHORIZING THE SPEAKER TO DECLARE RECESSES SUBJECT
TO THE CALL OF THE CHAIR FROM DECEMBER 23, 1995, THROUGH
DECEMBER 27, 1995

Ms. [Deborah] PRYCE [of Ohio]. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 320 and ask for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 320

Resolved, That the Speaker may declare recesses subject to the call of
the Chair on the calendar days of Saturday, December 23, 1995, through
Wednesday, December 27, 1995. A recess declared pursuant to this resolution
may not extend beyond the calendar day of Wednesday, December 27, 1995.

The SPEAKER pro tempore.⁽³⁹⁾ The gentlewoman from
Ohio [Ms. Pryce] is recognized for 1 hour.
---------------------------------------------------------------------------
39. William Barrett (NE).
---------------------------------------------------------------------------

Ms. PRYCE. Mr. Speaker, for purposes of debate only, I yield
the customary 30 minutes to the gentleman from Massachusetts [Mr.
Moakley], the distinguished ranking member of the Committee on
Rules, pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is
for the purpose of debate only.
Mr. Speaker, House Resolution 320 is a simple, straightforward
resolution that allows the Speaker of the House to declare recesses
subject to the call of the Chair on the calendar days of Saturday,
December 23, 1995, through Wednesday, December 27, 1995. The
resolution further provides that any such recess may not extend
beyond the calendar day of Wednesday, December 27, 1995. . . .
Mr. [John] MOAKLEY [of Massachusetts]. Mr. Speaker, I yield
myself such time as I may consume.
Mr. Speaker, I urge my colleagues to vote ``no'' on the
previous question. If the previous question is defeated, I will
offer an amendment so that this House does not recess until we
adopt a clean continuing resolution keeping the Government running
until January 26.
I include for the Record my proposed amendment.

Previous Question Amendment to Recess Resolution

At the end of the resolution, add the following:

``Sec. . Immediately upon the adoption of this resolution the House
shall without intervention of any point of order consider in the House the
joint resolution (H.J. Res. 131) making further continuing appropriations
for the fiscal year 1996, and for other purposes. The joint resolution
shall be debatable for one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on Appropriations.
The previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except one motion to
recommit with or without instructions.

Sec. . The recess authority provided in the previous sections of this
resolution shall be effective only on or after the date on which H.J. Res.
131 is presented to the President for approval.''

Mr. Speaker, I have no further requests for time, and I yield
back the balance of my time.
Ms. PRYCE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, House Resolution 320 was reported by the Committee
on Rules last night by voice vote authorizing the Speaker to
declare recesses subject to the call of the Chair.
The amendment I will offer would authorize the Speaker to
declare recesses subject to the call of the Chair on calendar day
Thursday, December 28, through Saturday, December 30.
The amendment would further provide that after the House has
been in session on calendar day Saturday, December 30, the Speaker
may declare recesses subject to the call of the Chair on calendar
day Saturday, December 30, through Wednesday, January 3.
Mr. Speaker, the Speaker needs this authority to keep the House
in recess next week subject to the call of the Chair, pending the
ongoing negotiations over the budget.
Members should be aware that the House will not be adjourned,
but rather in recess on standby, should budget negotiations prove
successful.

amendment offered by ms. pryce

Ms. PRYCE. Mr. Speaker, I offer an amendment authorized by the
Committee on Rules.
The Clerk read as follows:

Amendment offered by Ms. Pryce of Ohio: Strike all after the Resolved
clause and insert:

That the Speaker may declare recesses subject to the call of the Chair on
the calendar days of Saturday, December 23, 1995, through Wednesday,
December 27, 1995.

Sec. 2. The Speaker may declare recesses subject to the call of the Chair
on the calendar days of Thursday, December 28, 1995, through Saturday,
December 30, 1995.

Sec. 3. After the House has been in session on the calendar day of
Saturday, December 30, 1995, the Speaker may declare recesses subject to
the call of the Chair on the calendar days of Saturday, December 30, 1995,
through Wednesday, January 3, 1996.

Sec. 4.(a) A recess declared pursuant to the first section of this
resolution may not extend beyond the calendar day of Wednesday, December
27, 1995.

(b) A recess declared pursuant to section 2 of this resolution may not
extend beyond the calendar day of Saturday, December 30, 1995.

(c) A recess declared pursuant to section 3 of this resolution may not
extend beyond 11:55 a.m. on the calendar day of Wednesday, January 3, 1996.

Ms. PRYCE. Mr. Speaker, I have no further requests for time, I
yield back the balance of my time, and I move the previous question
on the resolution.
The SPEAKER pro tempore. The question is on ordering the
previous question.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.
Ms. PRYCE. Mr. Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
228, nays 179, not voting 26, as follows:

[Roll No. 878] . . .

So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question
is on the amendment offered by the gentlewoman from Ohio [Ms.
Pryce].
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the resolution, as
amended.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.

recorded vote

Ms. PRYCE. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
224, noes 186, not voting 24, as follows:

[Roll No. 879]

Sec. 2.10 The House agreed to a special order of business resolution
reported by the Committee on Rules authorizing for a pro forma
session to begin the second session of the Congress by providing
that no organizational or legislative business be conducted on the
first day of such session.

On December 16, 2005,⁽⁴⁰⁾ the House adopted a resolution
providing, inter alia, that no organizational or legislative business
be conducted on the first day of the next session of Congress, as
follows:
---------------------------------------------------------------------------
40. 151 Cong. Rec. 29054-55, 29061, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF H. RES. 612, VICTORY IN IRAQ
RESOLUTION

Mr. [David] DREIER [of California]. Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 619 and ask
for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 619

Resolved, That upon the adoption of this resolution it shall be in order
without intervention of any point of order to consider in the House the
resolution (H. Res. 612) expressing the commitment of the House of
Representatives to achieving victory in Iraq. The resolution shall be
considered as read. The previous question shall be considered as ordered on
the resolution and preamble to final adoption without intervening motion or
demand for division of the question except: (1) one hour of debate equally
divided and controlled by the chairman and ranking minority member of the
Committee on International Relations; and (2) one motion to recommit which
may not contain instructions.

Sec. 2. On the first legislative day of the second session of the One
Hundred Ninth Congress, the House shall not conduct organizational or
legislative business.

The SPEAKER pro tempore.⁽⁴¹⁾ The gentleman from
California (Mr. Dreier) is recognized for 1 hour.
---------------------------------------------------------------------------
41. Lee Terry (NE).
---------------------------------------------------------------------------

Mr. DREIER. Mr. Speaker, for the purpose of debate only, I
yield the customary 30 minutes to the gentleman from Massachusetts
(Mr. McGovern), pending which I yield myself such time as I may
consume. During consideration of this resolution, all time yielded
is for the purpose of debate only. . . .
Mr. [James] McGOVERN [of Massachusetts]. Mr. Speaker, I yield
to the gentleman from Texas (Mr. Doggett) for a unanimous consent
request.
Mr. [Lloyd] DOGGETT [of Texas]. Mr. Speaker, given the stated
interest in democracy here in the House, I would ask unanimous
consent to amend the rule to permit for division of the question so
that we could express our unanimous support for the various
provisions of this resolution, except for that on which we have
disagreement as to the best way to achieve success in Iraq. At this
point, so that we can have the kind of democracy that occurred this
week in Iraq, of which the majority seems so proud, and actually
have it right here on the floor of the House, I ask unanimous
consent for a division of the question on the provisions of this
resolution.
The SPEAKER pro tempore. The majority manager of the resolution
has not yielded for the purpose of such a request.
Mr. DOGGETT. Given his professed interest in democracy, I am
sure he will yield for that unanimous consent.
The SPEAKER pro tempore. Does the gentleman from California
yield? The gentleman from California is indicating that he does not
yield for that purpose.

On December 18, 2005,⁽⁴²⁾ the order of the House
regarding pro forma sessions to begin the second session of the 108th
Congress was expanded (by a subsequent special order of business
resolution) to authorize the Speaker to dispense with organizational
and legislative business on any day over a set period:
---------------------------------------------------------------------------
42. 151 Cong. Rec. 30378, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S. 1932,
DEFICIT REDUCTION ACT OF 2005

Mr. [Adam] PUTNAM [of Florida], from the Committee on Rules,
submitted a privileged report (Rept. No. 109-363) on the resolution
(H. Res. 640) waiving points of order against the conference report
to accompany the Senate bill (S. 1932) to provide for
reconciliation pursuant to section 201(a) of the concurrent
resolution on the budget for fiscal year 2006, which was referred
to the House Calendar and ordered to be printed.
Mr. PUTNAM. Mr. Speaker, by direction of the Committee on
Rules, I call up House Resolution 640 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 640

Resolved, That upon adoption of this resolution it shall be in order to
consider the conference report to accompany the bill (S. 1932) to provide
for reconciliation pursuant to section 201(a) of the concurrent resolution
on the budget for fiscal year 2006. All points of order against the
conference report and against its consideration are waived. The conference
report shall be considered as read.

Sec. 2. Section 2 of House Resolution 619 is amended to read as follows:
``On any legislative day of the second session of the One Hundred Ninth
Congress from January 3, 2006, through January 30, 2006, the Speaker may
dispense with organizational and legislative business.''

The SPEAKER pro tempore.⁽⁴³⁾ The gentleman from
Florida (Mr. Putnam) is recognized for 1 hour. . . .
---------------------------------------------------------------------------
43. Ray H. LaHood (IL).
---------------------------------------------------------------------------

Sec. 2.11 The House agreed to a special order of business resolution
reported by the Committee on Rules providing, inter alia, for an
August recess period by: (1) fixing the dates to which the House
would adjourn during a discrete period (to a time designated by the
Speaker in declaring the adjournment) as the third
constitutionally-permitted day hence; (2) providing for pro forma
sessions at which the Chair would be authorized to dispense with
legislative business; (3) providing for automatic approval of the
Journal for each pro forma session; (4) providing for automatic
adjournment after the third order of business on each pro forma day
(without motion or unanimous consent); and (5) authorizing the
Speaker, in his discretion, to conduct legislative business on any
day during the recess period should circumstances warrant.

On July 28, 2011,⁽⁴⁴⁾ the House adopted the following
resolution:
---------------------------------------------------------------------------
44. 157 Cong. Rec. 12338, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF S. 627, BUDGET CONTROL ACT OF
2011

Mr. [David] DREIER [of California]. Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 375 and ask
for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 375

Resolved, That upon the adoption of this resolution it shall be in order
to consider in the House the bill (S. 627) to establish the Commission on
Freedom of Information Act Processing Delays. All points of order against
consideration of the bill are waived. The amendment in the nature of a
substitute printed in part A of the report of the Committee on Rules
accompanying this resolution, modified by the amendments printed in part B
of that report, shall be considered as adopted. The bill, as amended, shall
be considered as read. All points of order against provisions in the bill,
as amended, are waived. The previous question shall be considered as
ordered on the bill, as amended, to final passage without intervening
motion except: (1) two hours of debate, with one hour equally divided and
controlled by the chair and ranking minority member of the Committee on
Rules, 30 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means, and 30 minutes equally
divided and controlled by the chair and ranking minority member of the
Committee on the Budget; and (2) one motion to recommit with or without
instructions.

Sec. 2. (a) It shall be in order at any time through the calendar day of
July 31, 2011, for the Speaker to entertain motions that the House suspend
the rules if the legislative text that is the object of the motion was
available to Members, Delegates, and the Resident Commissioner on the
legislative day before consideration, except that a motion described in
subsection (b) may not be entertained until the third legislative day on
which the legislative text that is the object of the motion is available to
Members, Delegates, and the Resident Commissioner.

(b) If the Speaker entertains a motion to suspend the rules relating to a
measure proposing a balanced budget amendment to the Constitution under
subsection (a) debate under clause 1(c) of rule XV shall be extended to two
hours.

Sec. 3. When the House adjourns by operation of section 4 of this
resolution on any legislative day during the period from August 1, 2011,
through September 6, 2011, it shall stand adjourned until the third
constitutional day thereafter at a time to be announced by the Speaker in
declaring the adjournment (except that when the House adjourns on September
6, 2011, it shall stand adjourned until 2 p.m. on September 7, 2011).

Sec. 4. On each legislative day during the period addressed by section 3
of this resolution:

(a) the Speaker may dispense with legislative business, in which case the
House shall stand adjourned pursuant to section 3 of this resolution after
the third daily order of business under clause 1 of rule XIV; and

(b) if the Speaker does not dispense with legislative business, the
Speaker may at any time declare the House adjourned pursuant to section 3
of this resolution.

Sec. 5. On each legislative day during the period addressed by section 3
of this resolution (except a day before August 8, 2011, on which the
Speaker does not dispense with legislative business pursuant to section 4),
the Journal of the proceedings of the previous day shall be considered as
approved.

Sec. 6. Each day during the period addressed by section 3 of this
resolution shall not constitute a calendar day for purposes of section 7 of
the War Powers Resolution (50 U.S.C. 1546).

Sec. 7. Bills and resolutions introduced during the period addressed by
section 3 of this resolution shall be numbered, included in the
Congressional Record, and printed with the date of introduction, but may be
referred by the Speaker at a later time.

The SPEAKER pro tempore.⁽⁴⁵⁾ The gentleman from
California is recognized for 1 hour. . . .
---------------------------------------------------------------------------
45. Daniel Webster (FL).
---------------------------------------------------------------------------

The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, on that I
demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were-yeas
238, nays 186, not voting 8, as follows: . . .

Sec. 2.12 The House agreed to a special order of business resolution
reported by the Committee on Rules providing, inter alia, for two
discrete periods of adjournment spanning the first and second
sessions of the 112th Congress by: (1) authorizing the Speaker to
fix the date (and time) to which the House would adjourn during
such periods within the three-day limit imposed by the
Constitution; (2) providing for pro forma sessions at which the
Chair would be authorized to dispense with legislative business;
and (3) providing for automatic approval of the Journal for each
pro forma session.

On December 14, 2011,⁽⁴⁶⁾ the House adopted the
following resolution:
---------------------------------------------------------------------------
46. 157 Cong. Rec. 20039, 20040, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

CONFERENCE REPORT ON H.R. 1540, NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2012

Mr. [Robert] BISHOP of Utah. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 493 and ask for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 493

Resolved, That upon adoption of this resolution it shall be in order to
consider the conference report to accompany the bill (H.R. 1540) to
authorize appropriations for fiscal year 2012 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. All points of order
against the conference report and against its consideration are waived. The
conference report shall be considered as read. The previous question shall
be considered as ordered on the conference report to its adoption without
intervening motion except: (1) one hour of debate; and (2) one motion to
recommit if applicable.

Sec. 2. It shall be in order at any time through the remainder of the
first session of the One Hundred Twelfth Congress for the Speaker to
entertain motions that the House suspend the rules, as though under clause
1(c) of rule XV, if the text of the measure proposed in a motion is made
available to Members, Delegates, and the Resident Commissioner (including
pursuant to clause 3 of rule XXIX) on the calendar day before
consideration.

Sec. 3. On any legislative day of the first session of the One Hundred
Twelfth Congress after December 16, 2011--

(a) the Journal of the proceedings of the previous day shall be
considered as approved;

(b) the Chair may at any time declare the House adjourned to meet at a
date and time, within the limits of clause 4, section 5, article I of the
Constitution, to be announced by the Chair in declaring the adjournment;
and

(c) bills and resolutions introduced during the period addressed by this
section shall be numbered, listed in the Congressional Record, and when
printed shall bear the date of introduction, but may be referred by the
Speaker at a later time.

Sec. 4. On any legislative day of the second session of the One Hundred
Twelfth Congress before January 17, 2012--

(a) the Speaker may dispense with organizational and legislative
business;

(b) the Journal of the proceedings of the previous day shall be
considered as approved if applicable; and

(c) the Chair at any time may declare the House adjourned to meet at a
date and time, within the limits of clause 4, section 5, article I of the
Constitution, to be announced by the Chair in declaring the adjournment.

Sec. 5. The Speaker may appoint Members to perform the duties of the
Chair for the duration of the period addressed by sections 3 and 4 as
though under clause 8(a) of rule I.

The SPEAKER pro tempore (Mr. [Kevin] Yoder [of Kansas]). The
gentleman from Utah is recognized for 1 hour. . . .
Mr. BISHOP of Utah. Mr. Speaker, this resolution provides a
standard conference report rule and other end-of-the-year
housekeeping provisions.

B. Meeting and Organization

Sec. 3. Clerk as Presiding Officer

When a new Congress first convenes, the House does not yet have
officers (including a Speaker), who must first be elected by the
membership of the House. By statute as well as tradition, the Clerk of
the House from the prior Congress presides over the House at the
organization of a first session. At a second session, the officers of
the House are already in place, and the House is called to order by the
Speaker or a Speaker pro tempore.
In the absence of the Clerk on opening day of a new Congress, other
officers preside over the House at organization.⁽¹⁾ If the
Clerk is absent, the Sergeant-at-Arms from the prior Congress presides,
and such officer has done so on several occasions.⁽²⁾ Under
a prior form of the statute, in the absence of both the Clerk and the
Sergeant-at-Arms, the Doorkeeper of the House would
preside.⁽³⁾ However, the position of Doorkeeper was
abolished in the 104th Congress⁽⁴⁾ in 1995 and the statute
amended to remove the reference to that officer.⁽⁵⁾ A Clerk
from a prior Congress who was not elected, but instead appointed by the
Speaker⁽⁶⁾ to temporarily fill a vacancy in the office of
Clerk, has presided over organization of the House at the next
Congress.⁽⁷⁾
---------------------------------------------------------------------------
1. 2 U.S.C. Sec. 26.
2. For instances of the Sergeant-at-Arms presiding on opening day, see
127 Cong. Rec. 93-96, 97th Cong. 1st Sess. (Jan. 5, 1981) and
129 Cong. Rec. 29-33, 98th Cong. 1st Sess. (Jan. 3, 1983).
3. See Deschler's Precedents Ch. 1 Sec. 5.2.
4. For more on the former position of Doorkeeper of the House, see
Deschler's Precedents Ch. 6 Sec. 20 and Precedents (Wickham)
Ch. 6.
5. P.L. 104-186, 110 Stat. 1718.
6. Parliamentarian's Note: An appointed Clerk is treated the same as
an elected Clerk, and exercises all of the authorities of that
office until a new Clerk is elected. By contrast, a Clerk pro
tempore, designated under clause 2(g) of rule II (House Rules
and Manual Sec. 651 (2017)) may only exercise certain limited
authorities, and may not exercise any authorities provided by
statute. Such an individual would therefore be precluded from
presiding over the House at organization.
7. See 145 Cong. Rec. 42-45, 106th Cong. 1st Sess. (Jan. 6, 1999).
---------------------------------------------------------------------------

In modern times, only two Speakers have resigned the speakership
during a session of Congress.⁽⁸⁾ In both instances, the
Speaker tendered his resignation to become effective upon election of a
successor, and in both instances, the resigning Speaker presided over
the election of his successor.⁽⁹⁾ Under former practice,
when a Speaker died in office, the Clerk would preside on the next
legislative day and the House would move immediately to the election of
a new Speaker.⁽¹⁰⁾ However, in the 108th Congress, the House
amended clause 8(b) of rule I⁽¹¹⁾ to require the Speaker to
provide to the Clerk a list of Members to serve as Speaker pro tempore
in the case of death or incapacity of the Speaker. Although the need to
use this authority has not yet arisen, were a Speaker to die or become
incapacitated during his or her term of office, a designated Speaker
pro tempore, pursuant to this rule, would preside over the election of
a new Speaker.
---------------------------------------------------------------------------
8. Speaker James Wright of Texas resigned on June 6, 1989. See
Sec. 4.6, infra. Speaker John Boehner of Ohio resigned on
October 29, 2015. 161 Cong. Rec. H7336-40 [Daily Ed.], 114th
Cong. 1st Sess. See also Precedents (Wickham) Ch. 6.
9. For more on officers of the House generally, see Deschler's
Precedents Ch. 6 and Precedents (Wickham) Ch. 6. For the
resignation of Speakers of the House, see Deschler's Precedents
Ch. 37 Sec. 9.1 and Precedents (Wickham) Ch. 37.
10. The last Speaker to die in office was Speaker Sam Rayburn of Texas
in the 87th Congress (1961). See Deschler's Precedents Ch. 1
Sec. Sec. 6.6, 6.8.
11. House Rules and Manual Sec. 632 (2017). For the first announcement
regarding the delivery of this letter to the Clerk of the
House, see 149 Cong. Rec. 6118, 108th Cong. 1st Sess. (Mar. 13,
2003). An announcement is also made when the Speaker makes
changes to the list of Members to be designated as Speaker pro
tempore and delivers a new letter to the Clerk. See 151 Cong.
Rec. 28767, 109th Cong. 1st Sess. (Dec. 15, 2005) and 160 Cong.
Rec. H7177 [Daily Ed.], 113th Cong. 2d Sess. (July 31, 2014).
---------------------------------------------------------------------------

When the Clerk presides on opening day, such individual performs
the traditional functions of the presiding officer of the House, which
include ruling on points of order⁽¹²⁾ and answering
parliamentary inquiries from Members-elect.⁽¹³⁾ Unanimous-
consent requests, usually related to the pending organizational
business, may be entertained by the Clerk.⁽¹⁴⁾ The Clerk may
also make announcements to the body as to pertinent events, such as the
death of a Member-elect.⁽¹⁵⁾ On one occasion, the Clerk (who
was not expected to be renominated for that position in the new
Congress) gave brief farewell remarks to the body.⁽¹⁶⁾
---------------------------------------------------------------------------
12. See Sec. 3.4, infra.
13. See Sec. 3.5, infra.
14. See Sec. 3.6, infra.
15. See Sec. 3.7, infra. See also 125 Cong. Rec. 4, 96th Cong. 1st
Sess. (Jan. 15, 1979) and 135 Cong. Rec. 67, 101st Cong. 1st
Sess. (Jan. 3, 1989).
16. See Sec. 3.8, infra.
---------------------------------------------------------------------------

The Clerk's primary function on opening day of a new Congress is to
preside over the initial quorum call of Members-elect and the election
of Speaker.⁽¹⁷⁾ Prior to convening the House on opening day,
the Clerk receives certificates of election from state officials and
prepares the Clerk's roll of Members-elect.⁽¹⁸⁾ This roll
serves as evidence that the named individuals have been duly elected to
the House and are thus entitled to take the oath of office. The quorum
call of Members-elect establishes the presence of such individuals in
the Chamber and that a quorum is present to conduct business (as
required by the Constitution).⁽¹⁹⁾ Beginning with the 97th
Congress, the electronic voting system has been used for the initial
quorum call of Members-elect.⁽²⁰⁾
---------------------------------------------------------------------------
17. Parliamentarian's Note: Prior to the initial quorum call, the only
preliminary activity traditionally undertaken by the House is
the prayer offered by the returning Chaplain of the House and
(as of the 101st Congress in 1989) a recitation of the pledge
of allegiance.
18. For more on the Clerk's roll of Members-elect, see Deschler's
Precedents Ch. 2 and Precedents (Wickham) Ch. 2. See also
Precedents (Wickham) Ch. 6. For more on certificates of
election, generally, see Deschler's Precedents Ch. 8
Sec. Sec. 15-17.
19. U.S. Const. art. I, Sec. 5; House Rules and Manual Sec. 52 (2017).
20. Parliamentarian's Note: In the 97th Congress, the use of the
electronic voting system for the initial quorum call by states
was authorized by unanimous consent. 127 Cong. Rec. 93, 97th
Cong. 1st Sess. (Jan. 5, 1981). Beginning in the 110th
Congress, unanimous consent was no longer required, as use of
the electronic voting system prior to the adoption of standing
rules was considered authorized under general parliamentary
law. 153 Cong. Rec. 1-3, 110th Cong. 1st Sess. (Jan. 4, 2007).
For more on general parliamentary law, see Sec. 6, infra;
Deschler's Precedents Ch. 1 Sec. 8; and Precedents (Wickham)
Ch. 5.
---------------------------------------------------------------------------

Clerk Presiding at Organization

Sec. 3.1 At the beginning of a new Congress, the Clerk from the
previous Congress serves as interim presiding officer and, after
calling the House to order, takes the following organizational
steps: calls on the returning Chaplain for a prayer; leads a
recitation of the pledge of allegiance; announces the receipt of
credentials of Members-elect; causes a quorum to be established by
states by electronic device; announces the filing of credentials of
Delegates-elect (and the Resident Commissioner-elect for a four
year term); announces the establishment of a quorum; and makes
announcements regarding events occurring during sine die
adjournment.

On January 3, 2013,⁽²¹⁾ the House convened for the first
session of the 113th Congress:
---------------------------------------------------------------------------
21. 159 Cong. Rec. H1-H5 [Daily Ed.], 113th Cong. 1st Sess. For an
earlier example of the Clerk presiding at organization, see
Deschler's Precedents Ch. 1 Sec. 5.1.
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment to the
Constitution of the United States, for the meeting of the 113th
Congress of the United States, the Representatives-elect met in
their Hall, and at noon were called to order by the Clerk of the
House of Representatives, Hon. Karen L. Haas.
The Chaplain, the Reverend Patrick J. Conroy, offered the
following prayer:
Loving God, we give You thanks for giving us another day.
We gather on this most significant day, when once again we
celebrate the peaceful transition of democratic government. Though
many return from the 112th Congress, this people's House is a new
legislative assembly.
May the service of all the Members here gathered give You
glory, and acquit well the charge entrusted to them by their fellow
citizens.
Give each Member an abundance of wisdom, knowledge, and
understanding, that they might know best how to proceed in the work
they have to do, as well as the courage to act once they have
discerned where Your Spirit might lead them.
And may all that is done this day, and all the days of the
113th Congress, be for Your greater honor and glory.
Amen.

pledge of allegiance

The CLERK.⁽²²⁾ The Representatives-elect and their
guests will please remain standing and join in the Pledge of
Allegiance.
---------------------------------------------------------------------------
22. Karen Haas.
---------------------------------------------------------------------------

The Clerk led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for all.

The CLERK. As directed by law, the Clerk of the House has
prepared the official roll of the Representatives-elect.
Certificates of election covering 435 seats in the 113th
Congress have been received by the Clerk of the House, and the
names of those persons whose credentials show that they were
regularly elected as Representatives in accord with the laws of
their respective States or of the United States will be called.
The Representatives-elect will record their presence by
electronic device and their names will be reported in alphabetical
order by State, beginning with the State of Alabama, to determine
whether a quorum is present.
Representatives-elect will have a minimum of 15 minutes to
record their presence by electronic device.
Representatives-elect who have not obtained their voting ID
cards may do so now in the Speaker's lobby.
The call was taken by electronic device, and the following
Representatives-elect responded to their names:

[Roll No. 1] . . .

The CLERK. Four hundred twenty-nine Representatives-elect have
recorded their presence. A quorum is
present. -------------------

ANNOUNCEMENT BY THE CLERK

The CLERK. Credentials, regular in form, have been received
showing the election of:
The Honorable Pedro R. Pierluisi as Resident Commissioner from
the Commonwealth of Puerto Rico for a term of 4 years beginning
January 3, 2013;
The Honorable Eleanor Holmes Norton as Delegate from the
District of Columbia;
The Honorable Madeleine Z. Bordallo as Delegate from Guam;
The Honorable Donna M. Christensen as Delegate from the Virgin
Islands;
The Honorable Eni F. H. Faleomavaega as Delegate from American
Samoa; and
The Honorable Gregorio Sablan as Delegate from the Commonwealth
of the Northern Mariana Islands.
The Clerk is in receipt of letters from the Honorable Jesse L.
Jackson, Jr., of Illinois and the Honorable Tim Scott of South
Carolina indicating that they will not serve in the House in the
113th Congress. Without objection, the letters will be placed in
the Record.

December 13, 2012.

Dear Madam Clerk, I am aware that you have received a
certificate for my election as Representative of the Second
Congressional District of the State of Illinois in the 113th
Congress. This letter serves to notify you that I do not intend to
serve in the 113th Congress.

Sincerely,
Jesse Jackson, Jr.

U.S. House of Representatives,
Washington, DC, December 30, 2012.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.

Dear Speaker Boehner, I am writing to inform you that I have
notified the Governor of South Carolina of my resignation from the
U.S. House of Representatives effective January 2, 2013. A copy of
that letter is attached. I do not intend to take the office of
Representative for the First Congressional District of South
Carolina in the 113th Congress.
It has truly been an honor to serve the First District of South
Carolina, and I look forward to continuing that service in my new
role as United States Senator. I have enjoyed working with you,
Majority Leader Cantor, and all of our colleagues in the House, and
wish you the best of luck in the future.

Sincerely,
Tim Scott,
Member of Congress.

Sec. 3.2 Pursuant to clause 8(b)(3)(B) of rule I,⁽²³⁾ the
Speaker deposits with the Clerk a letter designating certain
Members to act as Speaker pro tempore in the case that the Speaker
is unable to perform the duties of the office, and the House is
informed that the requisite letter has been delivered to the
Clerk.⁽²⁴⁾
---------------------------------------------------------------------------
23. House Rules and Manual Sec. 632 (2017).
24. For an announcement that such letter had been revised later in the
same Congress, see 160 Cong. Rec. H7177 [Daily Ed.], 113th
Cong. 2d Sess. (July 31, 2014).
---------------------------------------------------------------------------

On January 3, 2013,⁽²⁵⁾ the Chair laid before the House
a communication as follows:
---------------------------------------------------------------------------
25. 159 Cong. Rec. H27 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

RECALL DESIGNEE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker of the House of Representatives:

The Speaker's Rooms
House of Representatives
Washington, DC, January 3, 2013.
Hon. Karen L. Haas,
Clerk of the House of Representatives,
Washington, DC.

Dear Madam Clerk: Pursuant to House Concurrent Resolution 1,
and also for purposes of such concurrent resolutions of the current
Congress as may contemplate my designation of Members to act in
similar circumstances, I hereby designate Representative Eric
Cantor of Virginia to act jointly with the Majority Leader of the
Senate or his designee, in the event of my death or inability, to
notify the Members of the House and the Senate, respectively, of
any reassembly under any such concurrent resolution. In the event
of the death or inability of that designee, the alternate Members
of the House listed in the letter bearing this date that I have
placed with the Clerk are designated, in turn, for the same
purposes.

Sincerely,
John A. Boehner,
Speaker.

Others Presiding in the Absence of Clerk

Sec. 3.3 Pursuant to statute,⁽²⁶⁾ when the Clerk of the
preceding Congress is unable to preside over the House on opening
day of a new Congress,⁽²⁷⁾ the Sergeant-at-Arms performs
this function and takes all necessary organizational steps that
would otherwise be performed by the Clerk.
---------------------------------------------------------------------------
26. 2 U.S.C. Sec. 26.
27. Parliamentarian's Note: The Clerk of the House for the 97th
Congress, Edmund Henshaw, had suffered a stroke during his term
of office in the 96th Congress and had been incapacitated to
the extent that he was not able to fully perform all of his
duties as Clerk. Thus, the Sergeant-at-Arms for the 96th
Congress presided over the organization of the House at the
commencement of both the 97th and 98th Congresses. See 127
Cong. Rec. 93-96, 97th Cong. 1st Sess. (Jan. 5, 1981).
---------------------------------------------------------------------------

On January 3, 1983,⁽²⁸⁾ the Sergeant-at-Arms served as
interim presiding officer in the absence of the Clerk, and presided
over the organization of the House as follows:
---------------------------------------------------------------------------
28. 129 Cong. Rec. 29-33, 98th Cong. 1st Sess. For a similar instance
of the Sergeant-at-Arms presiding at the opening of a Congress,
see 127 Cong. Rec. 93-96, 97th Cong. 1st Sess. (Jan. 5, 1981).
For an earlier example of the Doorkeeper of the House (a
position since abolished) presiding at organization, see
Deschler's Precedents Ch. 1 Sec. 5.2.
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment of the
Constitution of the United States for the annual meeting of the
Congress of the United States, the Members-elect of the 98th
Congress met in their Hall, and, at 12 o'clock noon, were called to
order by the Sergeant at Arms of the House of Representatives, Hon.
Benjamin J. Guthrie.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
Gracious God, we implore Your blessing upon this assembly and
upon all for whom the authority of government is given. We pray
that Your spirit of reconciliation and peace, of good will and
understanding will prevail in our hearts and in our lives.
Encourage us, O God, to use our abilities and talents in ways that
bring righteousness to this Nation and to all the people. Ever
remind us of the needs of the poor, the homeless or forgotten,
those who live without freedom or liberty, that we will be
instruments of justice for all citizens and ease the hurt of every
person. May Your spirit live with us each day and may Your grace
surround us and those we love that in all things we may be the
people You would have us be and serve this Nation as we ought to
serve. In Your name, we pray. Amen.
The Sergeant at Arms.⁽²⁹⁾ Representatives-elect to
the 98th Congress, this being the day fixed by the 20th amendment
of the Constitution for the meeting of the 98th Congress, the Clerk
of the 97th Congress has prepared the official roll of the
Representatives-elect. Pursuant to 2 U.S.C. Sec. 26, the Sergeant
at Arms of the 97th Congress will make the following announcement:
---------------------------------------------------------------------------
29. Benjamin Guthrie.
---------------------------------------------------------------------------

Certificates of election covering the 435 seats in the 98th
Congress have been received by the Clerk of the House of
Representatives, and the names of those persons whose credentials
show that they were regularly elected as Representatives in
accordance with the laws of their respective States and of the
United States will be called.
Without objection, the Representatives-elect will record their
presence by electronic device, and their names will be reported in
alphabetical order by States, beginning with the State of Alabama,
to determine whether a quorum is present.
There was no objection.
The Sergeant at Arms. The Chair would like to state that any
Member-elect who has not received his or her voting card may do so
now in the Speaker's lobby.
The call was taken by electronic device, and the following
Representatives-elect responded to their names: . . .
The Sergeant at Arms. The quorum call discloses that 416
Representatives-elect have answered to their names. A quorum is
present. -------------------

ANNOUNCEMENTS BY THE SERGEANT AT ARMS

The Sergeant at Arms. The Sergeant at Arms will state that the
credentials are on file showing the election of the Honorable
Baltasar Corrada as Resident Commissioner from the Commonwealth of
Puerto Rico for a term of 4 years beginning January 3, 1981; the
election of the Honorable Walter E. Fauntroy as Delegate from the
District of Columbia; the election of the Honorable Antonio Borja
Won Pat as Delegate from Guam; the election of the Honorable Ron de
Lugo as Delegate from the Virgin Islands; and the election of the
Honorable FoFo I. F. Sunia, as Delegate from American Samoa.
The Sergeant at Arms regrets to announce the death of the
Honorable Jack Swigert on December 27, 1982, a Member-elect from
the 6th District of
Colorado. -------------------

ELECTION OF SPEAKER

The Sergeant at Arms. The next order of business is the
election of the Speaker of the House of Representatives for the
98th Congress.
Nominiations are now in order.
The Sergeant at Arms recognizes the gentleman from Louisiana
(Mr. Long).
Mr. [Gillis] LONG of Louisiana. Mr. Sergeant at Arms, as
chairman of the Democratic Caucus, I am directed by the unanimous
vote of that caucus to present for election to the office of the
Speaker of the House of Representatives of the 98th Congress the
name of the Honorable Thomas O'Neill, Jr., a Representative-elect
from the Commonwealth of Massachusetts.
The Sergeant at Arms. The Chair now recognizes the gentleman
from New York (Mr. Kemp).
Mr. [Jack] KEMP [of New York]. Mr. Sergeant at Arms, as
chairman of the Republican Conference and by the authority and
direction and unanimous vote of the Republican Conference, it is my
honor to nominate for Speaker of the House of Representatives the
Honorable Robert H. Michel, a Representative-elect from the State
of Illinois to the 98th Congress.
The Sergeant at Arms. The Honorable Thomas O'Neill, Jr., a
Representative-elect from the Commonwealth of Massachusetts and the
Honorable Robert H. Michel, a Representative-elect from the State
of Illinois, have been placed in nomination.
Are there any further nominations?
There being no further nominations, the Sergeant at Arms will
appoint tellers.
The Sergeant at Arms appoints the gentleman from California
(Mr. Hawkins), the gentleman from Minnesota (Mr. Frenzel), the
gentlewoman from Colorado (Mrs. Schroeder), and the gentlewoman
from Maryland (Mrs. Holt).
The tellers will come forward and take their seats at the desk
in front of the Speaker's rostrum.
The roll will now be called, and those responding to their
names will indicate by surname the nominee of their choice.
The reading clerk will now call the roll.
The tellers having taken their places, the House proceeded to
vote for the Speaker.
The following is the result of the vote: . . .
The Sergeant at Arms. The tellers agree in their tallies that
the total number of votes cast is 417, of which the Honorable
Thomas O'Neill, Jr., of Massachusetts, has received 260, and the
Honorable Robert H. Michel, of Illinois, has received 155, with 2
voting ``present.''
Therefore, the Honorable Thomas O'Neill Jr., of Massachusetts,
is duly elected Speaker of the House of Representatives for the
98th Congress, having received a majority of the votes cast. . . .
Mr. O'NEILL. I ask that the dean of the House, the Honorable
Jamie L. Whitten of Mississippi, administer the oath of office.
Mr. [Jamie] WHITTEN [of Mississippi] then administered the oath
of office to Mr. O'Neill, of Massachusetts.
[Applause, the Members rising.]

Points of Order and Parliamentary Inquiries

Sec. 3.4 When the Clerk of the House presides over organization on
opening day of a new Congress, the Clerk may rule on points of
order regarding the priority of business, such points of order may
be appealed, and any such appeal is subject to the motion to lay on
the table.

On January 7, 1997,⁽³⁰⁾ the Clerk presided at
organization of the 105th Congress, and was called upon to rule on a
point of order regarding the priority of a resolution raised as a
question of the privileges of the House:
---------------------------------------------------------------------------
30. 143 Cong. Rec. 114-20, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment of the
Constitution of the United States, and Public Law 104-296 for the
meeting of the Congress of the United States, the Members-elect of
the 105th Congress met in their Hall, and at 12 noon were called to
order by the Clerk of the House of Representatives, Hon. Robin H.
Carle.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
Oh, gracious God, from whom we have come and to whom we belong,
we offer this prayer of thanksgiving and gratitude for all the
blessings You have freely bestowed on us and the people of this
Nation, and also for the responsibilities that You have entrusted
to those who serve in this place.
On this first day of a new Congress, we speak with the words of
the Psalmist: Oh, give thanks to the Lord for He is good, for His
steadfast love endures forever. Grant us, oh God, a keen awareness
of the areas of life where we can serve the people of the land,
and, as the scripture says, let justice flow down as waters and
righteousness like an ever flowing stream.
May we continue to build on the foundations laid down from the
early days of the Nation, that in all things we may do Justice,
love mercy, and ever walk humbly with you.
May Your benediction, oh God, that is new every morning and is
with us all the days of our lives, be upon all who serve in this
place now and evermore,
amen. -------------------

PLEDGE OF ALLEGIANCE

The CLERK.⁽³¹⁾ The Members-elect and their guests
will please rise and join in the Pledge of Allegiance to the flag.
---------------------------------------------------------------------------
31. Robin H. Carle.
---------------------------------------------------------------------------

The Clerk led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one Nation under
God, indivisible, with liberty and justice for all.

The CLERK. Representatives-elect, this is the day fixed by the
20th amendment to the Constitution and Public Law 104-296 for the
meeting of the 105th Congress and, as the law directs, the Clerk of
the House has prepared the official roll of the Representatives-
elect.
Certificates of election covering 435 seats in the 105th
Congress have been received by the Clerk of the House, and the
names of those persons whose Credentials show that they were
regularly elected as Representatives in accordance with the laws of
their respective States or of the United States will be called.
Without objection, the Representatives-elect will record their
presence by electronic device and their names will be reported in
alphabetical order by States, beginning with the State of Alabama,
to determine whether a quorum is present.
There was no objection.
The call was taken by electronic device, and the following
Representatives-elect responded to their names:

[Roll No. 1] . . .

The CLERK. The quorum call discloses that 432 Representatives-
elect have responded to their name. A quorum is
present. -------------------

ANNOUNCEMENT BY THE CLERK

The CLERK. The Clerk will state that credentials, regular in
form, have been received showing the election of the Honorable
Carlos Romero-Barcelo as Resident Commissioner from the
commonwealth of Puerto Rico for a term of 4 years beginning January
3, 1997; the election of the Honorab1e Eleanor Holmes Norton as
Delegate from the District of Columbia; the election of the
Honorable Donna M. Christian-Green as Delegate from the Virgin
Islands; the election of the Honorable Eni F.H. Faleomavaega as
Delegate from American Samoa; and the election of the Honorable
Robert A. Underwood as Delegate from
Guam. -------------------

ELECTION OF SPEAKER

The CLERK. Pursuant to law and to precedent, the next order of
business is the election of the Speaker of the House of
Representatives for the 105th Congress.
Nominations are now in order.
The Clerk recognizes the gentleman from Ohio [Mr. Boehner].
Mr. [John] BOEHNER [of Ohio]. Madam Clerk, as chairman of the
Republican Conference, I am honored and privileged to welcome my
colleagues, their families, and the American people to this
historic day. . . .
With pride in what we have accomplished in the past and
anticipation of what we can do together in the future, I am
directed by a unanimous vote of the Republican Conference to
present the name of the Honorable Newt Gingrich, a Representative-
elect from the State of Georgia, for election to the office of
Speaker of the House of Representatives for the 105th Congress.

question of privilege offered by mr. fazio of california

The CLERK. The Clerk now recognizes the gentleman from
California [Mr. FAZIO] for a nomination.
Mr. [Victor] FAZIO of California. Madam Clerk, I rise to a
question of the highest constitutional privilege. I offer a
resolution which calls for the postponement of the election of the
Speaker of the House until the Committee on Standards of Official
Conduct completes its work on the matters concerning Representative
Newt Gingrich of Georgia. The resolution requires the House to
proceed immediately to the election of an interim Speaker who will
preside over the House until that time.
I ask for the immediate consideration of the resolution.
The CLERK. Section 30 of the Revised Statutes of the United
States, which is codified in section 25 of title 2, United States
Code, reads in part as follows:
At the first session of Congress after every general election
of Representatives, the oath of office shall be administered by any
Member of the House of Representatives to the Speaker; and by the
Speaker to all Members and Delegates present, and to the Clerk,
previous to entering on any other business.
This has been the law since June 1, 1789.
The precedent recorded in Hinds' Precedents of the House at
volume 1, section 212, recites that, ``at the organization of the
House the motion to proceed to the election of a Speaker is of the
highest privilege.'' On that occasion, the Clerk stated that ``the
duty of the House to organize itself is a duty devolved upon it by
law, and any matter looking to the performance of that duty takes
precedence in all parliamentary bodies of all minor questions.''
The Clerk cites both the statute and the precedent as
controlling her decision, consistent with the modern practice of
the House, to recognize nominations for Speaker.
Mr. FAZIO of California. Madam Clerk, given the unprecedented
nature of the circumstance, I urge that the Clerk permit the
Representatives-elect a vote on the motion that I have submitted.
The CLERK. Is the gentleman from California appealing the
ruling of the Clerk?
Mr. [Vic] FAZIO of California. Madam Clerk, if the gentlewoman
does not permit a vote under the extraordinary circumstance we face
today, I would appeal the ruling of the Clerk.
The CLERK. The gentleman may appeal from the Clerk's ruling on
the question of order as to the priority of business.
The question is, Shall the decision of the Clerk stand as the
judgment of the House?
Mr. BOEHNER. Madam Clerk, I move to lay the appeal on the
table.
Mr. FAZIO of California. Madam Clerk, on that I demand the yeas
and nays on the motion to table made by the majority.
The CLERK. The question is on the motion offered by the
gentleman from Ohio [Mr. Boehner] to lay the appeal on the table.
The question was taken; and the Clerk announced that the ayes
appeared to have it.
Mr. FAZIO of California. Madam Clerk, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were_yeas
222, nays 210, not voting 0, as follows:

[Roll No. 2] . . .

So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

Sec. 3.5 When the Clerk of the House presides over organization on
opening day of a new Congress, the Clerk may respond to
parliamentary inquiries from Members-elect, such as those
addressing the inability of Delegates-elect to vote in the election
of Speaker.

On January 6, 1999,⁽³²⁾ the Clerk presided over
organization of the 106th Congress, and, during the election of
Speaker, answered parliamentary inquiries regarding the voting status
of Delegates-elect and the Resident Commissioner-elect:
---------------------------------------------------------------------------
32. 145 Cong. Rec. 41-43, 106th Cong. 1st Sess. See also 163 Cong. Rec.
H4 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3, 2017).
---------------------------------------------------------------------------

ELECTION OF SPEAKER

The Clerk.⁽³³⁾ Pursuant to law and to precedent, the
next order of business is the election of the Speaker of the House
of Representatives for the 106th Congress.
---------------------------------------------------------------------------
33. Jeff Trandahl.
---------------------------------------------------------------------------

Nominations are now in order.
The Clerk recognizes the gentleman from Oklahoma (Mr. Watts).
Mr. [Julius Caesar (J.C.)] WATTS of Oklahoma. Mr. Clerk,
happily for our country and happily for you and me, Republicans and
Democrats, Dennis Hastert has answered his Nation's call. This
common man will bring his strong common sense, sharpened in the
school of adversity, to bear on the Speakership. He has many
qualities of another Congressman from Illinois, the Great
Emancipator, Abraham Lincoln, and he will not hesitate, he will not
doubt and he will not falter. We are grateful that he has resolved
at whatever peril, at whatever cost, the most wonderful Nation in
the world should be preserved.
As Chairman of the Republican Conference, I am directed by the
unanimous vote of that conference to present for election to the
Office of the Speaker of the House of Representatives for the 106th
Congress, the name of the Honorable J. Dennis Hastert, a
Representative-elect from the State of Illinois.
The Clerk. The Clerk recognizes the gentleman from Texas (Mr.
Frost).
Mr. [Jonas Martin] FROST [of Texas]. Mr. Clerk, as Chairman of
the Democratic Caucus, I am directed by the unanimous vote of that
caucus to present for election to the Office of the Speaker of the
House of Representatives for the 106th Congress the name of one of
most articulate and thoughtful Members of this Congress, the
Honorable Richard A. Gephardt, a Representative-elect from the
State of Missouri.
The Clerk. The Honorable J. Dennis Hastert, a Representative-
elect from the State of Illinois, and the Honorable Richard A.
Gephardt, a Representative-elect from the State of Missouri, have
been placed in nomination.
Are there further nominations?
There being no further nominations, the Clerk will appoint
tellers.
The Clerk appoints the gentleman from California (Mr. Thomas),
the gentleman from Connecticut (Mr. Gejdenson), the gentlewoman
from New Jersey (Mrs. Roukema), and the gentlewoman from Ohio (Ms.
Kaptur).
The tellers will come forward and take their seats at the desk
in front of the Speaker's rostrum.
The roll will now be called, and those responding to their
names will indicate by surname the nominee of their choice.
The reading clerk will now call the roll.
The tellers having taken their places, the House proceeded to
vote for the Speaker.

parliamentary inquiry

Mr. [Carlos A.] ROMERO-BARCELO [of Puerto Rico] (during the
vote). Have we been eliminated already? Have we been eliminated
from the voting procedure?
The Clerk. Delegates and the Resident Commissioners are not
qualified to vote.
Mr. ROMERO-BARCELO. We have always been qualified to vote.
The Clerk. That is not the case.
Mr. ROMERO-BARCELO. What is that?
The Clerk. That is not the case.
Mr. ROMERO-BARCELO. Yes. We voted the last time.

parliamentary inquiry

Mr. [Patrick Joseph] KENNEDY of Rhode Island. Mr. Clerk, would
the Clerk respond to a parliamentary inquiry?
The Clerk. The gentleman will state his inquiry.
Mr. KENNEDY of Rhode Island. The parliamentary inquiry for the
Clerk is for the delegates who represent American citizens. Where
does that vote come today? Will they not be allowed to vote for
Speaker of this House? The Member from Puerto Rico represents 4
million American citizens.
The Clerk. Representatives-elect are the only individuals
qualified to vote in the election of the Speaker.

Unanimous-Consent Requests

Sec. 3.6 When the Clerk of the House presides over organization on
opening day of a new Congress, the Clerk may entertain unanimous-
consent requests from Members-elect, including requests to allow
Members-elect lacking certificates of election to participate in
the initial quorum call and the election of Speaker.⁽³⁴⁾
---------------------------------------------------------------------------
34. For more on certificates of election and the administration of the
oath of office, see Deschler's Precedents Ch. 2 and Precedents
(Wickham) Ch. 2. See also Deschler's Precedents Ch. 8
Sec. Sec. 15-17.
---------------------------------------------------------------------------

On January 4, 1995,⁽³⁵⁾ the Clerk presided over the
organization of the 104th Congress, and entertained a unanimous-consent
request regarding the status of Members-elect from the state of
Alabama:⁽³⁶⁾
---------------------------------------------------------------------------
35. 141 Cong. Rec. 439-46, 104th Cong. 1st Sess.
36. Parliamentarian's Note: The Secretary of State for the state of
Alabama withheld the certificates of election for the entire
delegation until a contested state-level election was resolved.
In lieu of the certificates, the Secretary of State sent a
letter unofficially informing the House that the members of the
delegation had received a majority of votes. The official
certificates of election were not received until a month later.
Unanimous consent was required to permit the delegation to
participate in the quorum call and to vote for the Speaker
because a Member-elect has the right to be included on the
Clerk's roll only if a certificate of election, in due form, is
on file with the Clerk; and only those Members whose names
appear on the Clerk's roll are entitled to vote for a new
Speaker or to participate in organizational proceedings prior
to the administration of the oath. A claimant not on the roll,
however, may take the oath and be admitted to membership. See
Deschler's Precedents Ch. 2 Sec. 2 and Precedents (Wickham) Ch.
2 Sec. 2.
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment to the
Constitution for the annual meeting of the Congress of the United
States, the Members-elect of the 104th Congress met in their Hall,
and at 12 noon, were called to order by the Clerk of the House of
Representatives, the Honorable Donnald K. Anderson.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
With gratefulness and praise and with a sense of duty and
honor, we express our thanksgivings, O gracious God, that we have
the opportunity to serve at this time and place. When we
contemplate the demands of justice and the high calling to public
service, we pray that Your spirit will illumine our minds,
strengthen our resolve and give us hearts of wisdom, tolerance, and
compassion. May each person be faithful to the vocation of
Government service, that we will be good stewards of the resources
of the land, hold to the standards of integrity and loyalty and do
all those good things that honor You and serve people everywhere.
May Your benediction, O God, that is new every morning and is with
us in all the moments of life, continue to bless us and keep us in
Your grace, now and evermore. As the prophet Micah has said, ``And
what does the Lord require of you, but to do justice, to love
mercy, and to walk humbly with your God.'' Amen.

pledge of allegiance

The Clerk.⁽³⁷⁾ Will the Members-elect and their
guests please remain standing and join with us in the Pledge of
Allegiance to the Flag.
---------------------------------------------------------------------------
37. Donnald K. Anderson.
---------------------------------------------------------------------------

The Clerk led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for all.

The Clerk. Representatives-elect, this is the day fixed by the
20th amendment to the Constitution and Public Law 103-395 for the
meeting of the 104th Congress and, as the law directs, the Clerk of
the House has prepared the official roll of the Representatives-
elect.
Certificates of election covering 428 seats in the 104th
Congress have been received by the Clerk of the House, and the
names of those persons whose credentials show that they were
regularly elected as Representatives in accordance with the laws of
their respective States or of the United States will be called.
The Clerk lays before the House the following communication
from the Secretary of the State of the State of Alabama.

State of Alabama,
Office of the Secretary of State,
Montgomery, AL, December 19, 1994.
Hon. Donnald K. Anderson,
Clerk, U.S. House of Representatives,
Washington, DC.

Dear Mr. Anderson: According to the unofficial results of the
election held on November 8, 1994, in the state of Alabama, the
following individuals received a majority of the votes for a term
of two years beginning on January 3, 1995, to the United States
House of Representatives:
Sonny Gallahan--1st District.
Terry Everett--2d District.
Glen Browder--3d District.
Tom Bevill--4th District.
Robert E. (Bud) Cramer, Jr--5th District.
Spencer Bachus--6th District.
Earl F. Hilliard--7th District.
The official results and certificates of election will be
transmitted to you as soon as I am authorized to do so. Should the
official results differ from this in any way, I will notify you
immediately.

Sincerely,
Jim Bennett,
Secretary of State.

The Clerk. Without objection, the Representatives-elect from
the State of Alabama will be allowed to record their presence by
electronic device and also to vote on the election of the Speaker.
There was no objection.
The Clerk. Without objection, the Representatives-elect will
record their presence by electronic device and their names will be
reported in alphabetical order by States, beginning with the State
of Alabama, to determine whether a quorum is present.
There was no objection.

Announcements

Sec. 3.7 When the Clerk of the House presides over organization on
opening day of a new Congress, the Clerk makes various
announcements to the body regarding events taking place during sine
die adjournment, including announcements regarding the death of
Members-elect.

On January 3, 2001,⁽³⁸⁾ during organization of the 107th
Congress, the Clerk announced the death of a Member-elect:
---------------------------------------------------------------------------
38. 147 Cong. Rec. 19, 20, 107th Cong. 1st Sess. For similar
announcements, see 125 Cong. Rec. 4, 96th Cong. 1st Sess. (Jan.
15, 1979) and 135 Cong. Rec. 67, 101st Cong. 1st Sess. (Jan. 3,
1989).
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment to the
Constitution of the United States for the meeting of the Congress
of the United States, the Members-elect of the 107th Congress met
in their Hall, and at noon were called to order by the Clerk of the
House of Representatives, Hon. Jeff Trandahl.
The Chaplain, the Rev. Daniel P. Coughlin, offered the
following prayer:
Lord God, Almighty, by Your Divine Providence You have brought
us to this new day. Bless us in our gathering, form us by Your
Word, guide us by Your Spirit.
The people of the United States, in order to form a more
perfect union, establish justice, ensure domestic tranquility,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty for themselves and posterity, have
acted according to the Constitution of this country and by lawful
elections they have elected their representatives to serve in this
House as the 107th Congress.
Give this body an outpouring of Your Holy Spirit, that they may
be wise in their judgments and serve freely the best interests of
all of the people of this Nation.
Broaden their personal concerns that they may seek the common
good and always be attuned to the helpless sighs of the most
vulnerable in our society.
Clarify their vision, as they work together in the search for
the best ideas and strategies to meet the greatest needs of our
times.
Bless all Members of this House, new and experienced. May their
faith in You, Lord God, and in the destiny of this Nation, keep
them humble in Your service.
May their families remain their deepest love and lasting joy.
May all here who assist them in this Chamber, in congressional
offices and in committee responsibilities, be wise in their counsel
and gracious in their service.
May this Congress, Lord God, be a sign of unity and confidence
to this Nation; good news to the poor and an instrument of peace in
the world.
Lord God, in You we trust now and forever. Amen.

pledge of allegiance

The Clerk. The Members-elect and their guests will please rise
and join in the Pledge of Allegiance to the flag.
The Clerk led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for all.

The Clerk. Representatives-elect, this is the day fixed by the
20th amendment to the Constitution for the meeting of the 107th
Congress and, as the law directs, the Clerk of the House has
prepared the official roll of the Representatives-elect.
Certificates of election covering 435 seats in the 107th
Congress have been received by the Clerk of the House, and the
names of those persons whose credentials show that they were
regularly elected as Representatives in accordance with the laws of
their respective States or of the United States will be called.
Without objection, the Representatives-elect will record their
presence by electronic device and their names will be reported in
alphabetical order by States, beginning with the State of Alabama,
to determine whether a quorum is present.
There was no objection.
The call was taken by electronic device, and the following
Representatives-elect responded to their names:

[Roll No. 1] . . .

The Clerk. The quorum call discloses that 429 Representatives-
elect have responded to their name. A quorum is
present. -------------------

ANNOUNCEMENT BY THE CLERK

The Clerk. The Clerk will state that credentials, regular in
form, have been received showing the election of the Honorable
Anibal Acevedo-Vila as Resident Commissioner from the Commonwealth
of Puerto Rico for a term of 4 years beginning January 3, 2001; the
election of the Honorable Eleanor Holmes Norton as Delegate from
the District of Columbia; the election of the Honorable Donna M.
Christensen as Delegate from the Virgin Islands; the election of
the Honorable Eni F.H. Faleomavaega as Delegate from American
Samoa; and the election of Robert A. Underwood as Delegate from
Guam. -------------------

ANNOUNCEMENT BY THE CLERK

The Clerk. The Clerk will state that since the last regular
election of Representatives to the 107th Congress, a vacancy now
exists in the 32d District of the State of California, occasioned
by the death of the late Honorable Julian C. Dixon.

Sec. 3.8 The Clerk of the prior Congress, who was not expected to be
reelected to the position due to a change in party majorities, gave
brief farewell remarks to the body as presiding officer prior to
the election of Speaker.

On January 4, 1995,⁽³⁹⁾ at the organization of the 104th
Congress, the Clerk from the 103d Congress called the House to order
and after establishing the presence of a quorum of Members-elect,
addressed the House as follows:
---------------------------------------------------------------------------
39. 141 Cong. Rec. 440-41, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

FAREWELL REMARKS OF THE HONORABLE DONNALD K. ANDERSON

The Clerk.⁽⁴⁰⁾ Ladies and gentlemen of the House, if
you will indulge me for just one moment, I will shortly take leave
of this Chamber after 35 years in your service, the last 8 in the
high stewardship as your Clerk.
---------------------------------------------------------------------------
40. Donnald K. Anderson.
---------------------------------------------------------------------------

My heart is filled with the happy reflections of those years, a
deep sense of fulfillment, and profound gratitude for your
unfailing confidence and friendship. Indeed, I am grateful above
all to the one Nation which affords opportunity for an ordinary
citizen to achieve extraordinary responsibility. You will remain
constantly in my thoughts and in my prayers that God will bless
each of you in the work which you are about and may He forever
prosper this House and the United States of America.
I bid you an affectionate farewell.
(Applause, the Members
rising.) -------------------

TRIBUTE TO THE HONORABLE DONNALD K. ANDERSON

(Mr. [John] BOEHNER [of Ohio] asked and was given permission to
address the House for 1 minute.)
Mr. BOEHNER. Mr. Clerk, before we proceed with the nominations
for Speaker of the House, on behalf of Republican Members of the
House, we want to thank you for your 35 years of service to this
institution, and your 35 years of service to the American people.
You have done your job ably on behalf of all Members on both sides
of the aisle.
And to the other officers of the House, who have served the
House so ably and the American people so ably, we want to thank
them as well for their service in this House.
Farewell, and best wishes from all of us.
Mr. [Victor] FAZIO [of California]. Will the gentleman yield?
Mr. BOEHNER. I yield to my friend, the gentleman from
California [Mr. Fazio].
Mr. FAZIO. I appreciate my friend yielding.
I, too, would like to add a few words of tribute to our friend.
When the 103d Congress came to an official close on noon
Tuesday, the House literally lived on for the next 24 hours in the
person of the gentleman from Sacramento, CA, the Clerk of the
House, Donnald K. Anderson. In serving as the first presiding
officer for the purpose of organizing the 104th Congress, he
fulfilled his last ministerial duty to this institution. After four
successive terms as Clerk and a career with the House that began as
a Page when Dwight Eisenhower was President and Sam Rayburn sat in
the Speaker's chair, Donn Anderson now leaves a distinguished
career of public service.
On a personal level for many of us in this Chamber, it was only
natural for Donn Anderson to have been the thread of continuity
from one Congress to the next. For over 30 years, Donn has embodied
every good virtue of this House. He has been its memory, its
defender, its champion and often its conscience. He understood
perhaps better than anyone here the meaning of the word
``bipartisanship'' and he lived it daily in his work with the
Members. In his 8 years as the second highest-ranking officer of
the House, he worked tirelessly to move the House into the
information age and so greatly benefited our constituents, the
American people.
As chairman of the Subcommittee on Legislative Appropriations,
I looked forward to our annual ritual of hearings knowing that I
could always count on the Clerk for the most splendid testimony.
Although Donn himself admitted to his preference for Victorian
manners, there was nothing old-fashioned about the direction of his
office. He was thoroughly modern in his vision for the future of
the House, and he fought hard to keep us current with the times.
Just as Donn could explain the artistic nuances of paintings in the
Rotunda, he could just as easily give you the technical lowdown of
cameras in this Chamber and on this floor. As the House moves
forward today with the institutional reforms and the
reorganization, we do so with the solid foundation left behind by
Donn Anderson.
Perhaps in parting we can borrow a phrase from our late and
great Speaker Tip O'Neill. He simply said on so many occasions,
``So long, old pal.''
Thank you, Donn Anderson.

Sec. 4. Election of Speaker

Following the initial quorum call of Members-elect, the House
proceeds immediately to the election of the Speaker of the House. The
election of Speaker is a matter of the highest privilege and has
precedence over virtually any other business that could occur. For
example, the election of Speaker takes precedence over a resolution
raised as a question of the privileges of the House.⁽¹⁾
Until 1839, the House elected the Speaker by ballot, but current
practice is a roll call vote with tellers in which Members-elect are
called in alphabetical order by surname and orally announce their
choice for Speaker. The electronic voting system has never been used to
elect a Speaker. A majority vote of Members-elect, a quorum being
present, is necessary to elect a Speaker. Delegates-elect and the
Resident Commissioner-elect are ineligible to vote for
Speaker.⁽²⁾ By unanimous consent, the House may permit
Members-elect lacking certificates of election to vote for
Speaker.⁽³⁾
---------------------------------------------------------------------------
1. See Sec. 4.1, infra. See also Sec. 3.4, supra.
2. See Sec. 4.2, infra. See also Sec. 3.5, supra.
3. See Sec. 4.3, infra. See also Sec. 3.6, supra.
---------------------------------------------------------------------------

The election of Speaker begins with formal nominations from the
floor. Traditionally, the chairs of the respective party caucus or
conference will be recognized by the Clerk to place each party's
selection in nomination. However, there is no prohibition on other
Members-elect nominating additional candidates for the
office.⁽⁴⁾ After the roll call vote, the Clerk announces to
the House which candidate has been elected, and appoints a committee of
Members-elect to escort the Speaker-elect to the Chair. By custom, the
Minority Leader presents the Speaker-elect to the body, bestows upon
the Speaker-elect the Chair's gavel, and the Speaker-elect requests the
``Dean of the House'' (the Member-elect with the longest continuous
service in the House) to administer the oath of office to the
Speaker.⁽⁵⁾
---------------------------------------------------------------------------
4. See, e.g., 161 Cong. Rec. H3-H7 [Daily Ed.], 114th Cong. 1st Sess.
(Jan. 6, 2015).
5. The statutorily-prescribed oath is the same taken by all Members-
elect. 5 U.S.C. Sec. 3331. For more on the oath of office, see
Deschler's Precedents Ch. 2 and Precedents (Wickham) Ch. 2.
---------------------------------------------------------------------------

If the speakership becomes vacant during a Congress, due to the
death, resignation, or incapacity of the Speaker, the election of a new
Speaker follows the same basic procedures as are used on opening day of
a new Congress. However, pursuant to clause 8(b) of rule
I,⁽⁶⁾ a previously-designated Speaker pro tempore (rather
than the Clerk) would perform the duties of the Chair.⁽⁷⁾
The last Speaker to die in office was Speaker Sam Rayburn of Texas in
1961.⁽⁸⁾ Under the procedures then in place, the Clerk
convened the House on the next scheduled legislative day (which
happened to be opening day of the second session of the 87th Congress)
and presided over both the initial quorum call for that
session⁽⁹⁾ and the election of a new Speaker.⁽¹⁰⁾
---------------------------------------------------------------------------
6. Pursuant to clause 8(b)(3)(B) of rule I, the Speaker delivers to
the Clerk a list of Members designated to preside as Speaker
pro tempore in the case of a vacancy in the office of Speaker.
House Rules and Manual Sec. 632 (2017).
7. Parliamentarian's Note: Since 1869, only two individuals have
resigned from the office of Speaker. Speaker James Wright of
Texas resigned the office on June 6, 1989, and Speaker Boehner
resigned the office on October 29, 2015. See Sec. 4.6, infra;
and Precedents (Wickham) Ch. 6. In each case, the resigning
Speaker presided over the election of his successor (the
resignation becoming effective upon election of a new Speaker).
Thus, as of this writing, the provisions of clause 8(b)(3)(A)
of rule I have not yet been utilized.
8. Parliamentarian's Note: Four Speakers prior to Speaker Rayburn also
died in office: Speaker Michael Kerr of Indiana in 1876,
Speaker Henry Rainey of Illinois in 1934, Speaker Joseph Byrns,
Jr. of Tennessee in 1936, and Speaker William Bankhead of
Alabama in 1940. In the latter two instances, a new Speaker was
elected by resolution. See Deschler's Precedents Ch. 1
Sec. 6.3.
9. See Deschler's Precedents Ch. 1 Sec. 6.8.
10. See Deschler's Precedents Ch. 1 Sec. 6.6.
---------------------------------------------------------------------------

Although there is no rule requiring newly-elected Speakers to
resign their committee assignments, Speakers have traditionally done so
upon their election.⁽¹¹⁾
---------------------------------------------------------------------------
11. Deschler's Precedents Ch. 1 Sec. 6.5. See also 161 Cong. Rec. H7340
[Daily Ed.], 114th Cong. 1st Sess. (Oct. 29, 2015).
---------------------------------------------------------------------------

Precedence

Sec. 4.1 The election of the Speaker has long been recognized as a
matter of high privilege related to the organization of the House,
and the election of Speaker takes precedence over a resolution
raised as a question of the privileges of the House.

On January 7, 1997,⁽¹²⁾ during organization of the 105th
Congress, the Clerk ruled on a point of order regarding the priority of
business. The ruling (which was sustained on appeal) cited both statute
and precedent for the proposition that the election of Speaker is a
matter of high privilege and takes precedence over a resolution raised
as a question of the privileges of the House. For the Congressional
Record excerpt of these proceedings, see Sec. 3.4, supra.
---------------------------------------------------------------------------
12. 143 Cong. Rec. 114-20, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

Voting by Delegates

Sec. 4.2 Only Members-elect are eligible to cast votes in the election
of the Speaker, and, in response to parliamentary inquiries, the
Clerk confirmed that Delegates-elect may not vote in the election
of Speaker.

On January 6, 1999,⁽¹³⁾ during the election of Speaker
for the 106th Congress, the Clerk answered parliamentary inquiries
regarding the inability of Delegates-elect (and the Resident
Commissioner-elect) to vote for Speaker. For the Congressional Record
excerpt of these proceedings, see Sec. 3.5, supra.
---------------------------------------------------------------------------
13. 145 Cong. Rec. 41-45, 106th Cong. 1st Sess. See also 163 Cong. Rec.
H3 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3, 2017).
---------------------------------------------------------------------------

Voting by Members-elect Lacking Certificates

Sec. 4.3 By unanimous consent, the House may permit Members-elect
lacking official certificates of election to be recorded during the
initial quorum call and to vote in the election of
Speaker.⁽¹⁴⁾
---------------------------------------------------------------------------
14. For more on certificates of election and the administration of the
oath of office, see Deschler's Precedents Ch. 2 and Precedents
(Wickham) Ch. 2. See also Deschler's Precedents Ch. 8
Sec. Sec. 15-17.
---------------------------------------------------------------------------

On January 7, 2003,⁽¹⁵⁾ during organization of the 108th
Congress, the House agreed (by unanimous consent) to allow a Member-
elect from the state of Hawaii lacking a certificate of election to be
counted in the initial quorum call and to vote for Speaker:
---------------------------------------------------------------------------
15. 149 Cong. Rec. 1, 108th Cong. 1st Sess. See also Precedents
(Wickham) Ch. 2 Sec. 2.2. For similar proceedings, see
Sec. 3.6, supra.
---------------------------------------------------------------------------

This being the day fixed by the 20th amendment to the
Constitution of the United States and Public Law 107-328 for the
meeting of the Congress of the United States, the Members-elect of
the 108th Congress met in their Hall, and at noon were called to
order by the Clerk of the House of Representatives, Hon. Jeff
Trandahl. . . . -------------------

PLEDGE OF ALLEGIANCE

The CLERK.⁽¹⁶⁾ The Members-elect and their guests
will please remain standing and join in the Pledge of Allegiance to
the flag.
---------------------------------------------------------------------------
16. Jeff Trandahl.
---------------------------------------------------------------------------

The Clerk led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for all.

The CLERK. Representatives-elect, this is the day fixed by the
20th amendment to the Constitution and Public Law 107-328 for the
meeting of the 108th Congress and, as the law directs, the Clerk of
the House has prepared the official roll of the Representatives-
elect.
Certificates of election covering 434 seats in the 108th
Congress have been received by the Clerk of the House, and the
names of those persons whose credentials show that they were
regularly elected as Representatives in accordance with the laws of
their respective States or of the United States will be called.
The Clerk lays before the House a facsimile of a communication
from the Chief Election Officer of the State of Hawaii.
January 5, 2003.
Hon. Jeff Trandahl,
Clerk, House of Representatives,
Washington, DC.

Dear Mr. Trandahl: This is to advise you that the unofficial
results of the Special Election held on Saturday, January 4, 2003
for Representative in Congress from the Second Congressional
District of Hawaii show that Ed Case (D) received 33,002 of votes
of the total number cast for that office.
It would appear from the unofficial results that Ed Case (D)
was elected Representative from the Second Congressional District
of Hawaii. We are unaware of any election contest at this time.
As soon as the official results are certified, an official
Certificate of Election will be transmitted as required by law . .
.

Very truly yours,
Dwayne D. Yoshina,
Chief Election Officer. . . .

Procedure for Election of Speaker

Sec. 4.4 After establishing a quorum at the organizational session of a
new Congress, the Clerk: (1) recognizes for nominations for the
office of Speaker (typically by the chairs of the major party
caucuses); (2) appoints tellers for the election of Speaker; (3)
calls the roll of Members-elect (in which they indicate their
choices by surname); (4) announces the result of the vote; and (5)
appoints a committee to escort the Speaker-elect to the Chair.

On January 3, 2013,⁽¹⁷⁾ the election of Speaker for the
113th Congress proceeded as follows:
---------------------------------------------------------------------------
17. 159 Cong. Rec. H2-H4 [Daily Ed.], 113th Cong. 1st Sess. For an
earlier example of the procedure for electing the Speaker of
the House, see Deschler's Precedents Ch. 1 Sec. 6.1.
---------------------------------------------------------------------------

ELECTION OF SPEAKER

The CLERK.⁽¹⁸⁾ Pursuant to law and precedent, the
next order of business is the election of the Speaker of the House
of Representatives for the 113th Congress.
---------------------------------------------------------------------------
18. Karen Haas.
---------------------------------------------------------------------------

Nominations are now in order.
The Clerk recognizes the gentlewoman from Washington (Mrs.
McMorris Rodgers).
Mrs. [Cathy] McMORRIS RODGERS [of Washington]. Madam Clerk, the
113th Congress gives us a chance to try once again to make a better
America than the one we inherited from our parents--and from the
112 Congresses that came before us. That is the hope of every
Member here, on both sides of the aisle: to restore this land of
freedom and opportunity for our families and our children. . . .
So it is with great optimism and hope for the great work that
we can accomplish together that, as chair of the Republican
Conference--on a unanimous vote of the conference--I present for
election to the Office of the Speaker of the House of
Representatives for the 113th Congress the name of the Honorable
John A. Boehner.
The CLERK. The Clerk now recognizes the gentleman from
California (Mr. Becerra).
Mr. [Xavier] BECERRA [of California]. Madam Clerk, this is the
people's House, and every 2 years the populace of this country
gives those duly-elected Representatives of the people an
opportunity to decide who will lead here in the Chamber of the
people's House. . . .
I am tasked, as chairman of the Democratic Caucus, through the
vote of that caucus, to present for election to the Office of
Speaker of the House of Representatives to the 113th Congress the
name of the Right Honorable Nancy Pelosi, a Representative for the
people, duly elected from the State of California.
The CLERK. The names of the Honorable John A. Boehner, a
Representative-elect from the State of Ohio, and the Honorable
Nancy Pelosi, a Representative-elect from the State of California,
have been placed in nomination.
Are there further nominations?
There being no further nominations, the Clerk appoints the
following tellers:
The gentlewoman from Michigan (Mrs. Miller);
The gentleman from Pennsylvania (Mr. Brady);
The gentlewoman from Ohio (Ms. Kaptur); and
The gentlewoman from Florida (Ms. Ros-Lehtinen).
The tellers will come forward and take their seats at the desk
in front of the Speaker's rostrum.
The roll now will be called, and those responding to their
names will indicate by surname the nominee of their choosing.
The Reading Clerk will now call the roll.
The tellers having taken their places, the House proceeded to
vote for the Speaker.
The following is the result of the vote:

[Roll No. 2] . . .

The CLERK. The tellers agree in their tallies that the total
number of votes cast is 426, of which the Honorable John A. Boehner
of the State of Ohio has received 220 votes, and the Honorable
Nancy Pelosi of the State of California has received 192 votes, the
Honorable Raul Labrador of the State of Idaho has received 1, the
Honorable John Lewis of the State of Georgia has received 1, the
Honorable Eric Cantor of the State of Virginia has received 3, the
Honorable Allen West has received 2, Colin Powell has received 1,
the Honorable Jim Jordan of the State of Ohio has received 1, David
Walker has received 1, the Honorable Jim Cooper of the State of
Tennessee has received 2, the Honorable Justin Amash of the State
of Michigan has received 1, the Honorable John Dingell of the State
of Michigan has received 1, with 1 recorded as ``present.''
Therefore, the Honorable John A. Boehner of the State of Ohio,
having received a majority of the votes cast, is duly elected
Speaker of the House of Representatives for the 113th Congress.

Administration of Oath

Sec. 4.5 At the beginning of a new Congress, the Clerk serves as
interim presiding officer and presides over the election of the
Speaker of the House, after which the oath of office is
administered to the Speaker-elect by the Dean of the House (the
Member-elect with the longest continuous service in the House).

On January 3, 2013,⁽¹⁹⁾ after Members-elect had
concluded voting for Speaker, the following occurred:
---------------------------------------------------------------------------
19. 159 Cong. Rec. H4-H5 [Daily Ed.], 113th Cong. 1st Sess. For earlier
examples of the Minority Leader presenting the Chair's gavel to
the newly-elected Speaker and the administration of the oath by
the Dean of the House, see Deschler's Precedents Ch. 1
Sec. Sec. 6.2, 6.4.
---------------------------------------------------------------------------

The CLERK.⁽²⁰⁾ The tellers agree in their tallies
that the total number of votes cast is 426, of which the Honorable
John A. Boehner of the State of Ohio has received 220 votes, and
the Honorable Nancy Pelosi of the State of California has received
192 votes, the Honorable Raul Labrador of the State of Idaho has
received 1, the Honorable John Lewis of the State of Georgia has
received 1, the Honorable Eric Cantor of the State of Virginia has
received 3, the Honorable Allen West has received 2, Colin Powell
has received 1, the Honorable Jim Jordan of the State of Ohio has
received 1, David Walker has received 1, the Honorable Jim Cooper
of the State of Tennessee has received 2, the Honorable Justin
Amash of the State of Michigan has received 1, the Honorable John
Dingell of the State of Michigan has received 1, with 1 recorded as
``present.''
---------------------------------------------------------------------------
20. Karen Haas.
---------------------------------------------------------------------------

Therefore, the Honorable John A. Boehner of the State of Ohio,
having received a majority of the votes cast, is duly elected
Speaker of the House of Representatives for the 113th Congress.
The Clerk appoints the following committee to escort the
Speaker-elect to the chair:
The gentleman from Virginia (Mr. Cantor)
The gentlewoman from California (Ms. Pelosi)
The gentleman from California (Mr. McCarthy)
The gentleman from Maryland (Mr. Hoyer)
The gentlewoman from Washington (Mrs. McMorris Rodgers)
The gentleman from South Carolina (Mr. Clyburn)
The gentleman from Oregon (Mr. Walden)
The gentleman from California (Mr. Becerra)
The gentleman from Oklahoma (Mr. Lankford)
The gentleman from New York (Mr. Crowley)
The gentlewoman from Kansas (Ms. Jenkins)
The gentleman from New York (Mr. Israel)
The gentlewoman from North Carolina (Ms. Foxx)
The gentlewoman from Connecticut (Ms. DeLauro)
The gentlewoman from Missouri (Ms. Wagner)
The gentleman from New Jersey (Mr. Andrews)
The gentleman from Texas (Mr. Sessions)
The gentleman from Maryland (Mr. Van Hollen)
The gentleman from Illinois (Mr. Roskam)
The gentlewoman from New Mexico (Ms. Lujan Grisham)
And the Members of the Ohio delegation:
Ms. Kaptur
Mr. Tiberi
Mr. Ryan
Mr. Turner
Mr. Latta
Mr. Jordan
Ms. Fudge
Mr. Chabot
Mr. Gibbs
Mr. Johnson
Mr. Renacci
Mr. Stivers
Ms. Beatty
Mr. Joyce, and
Mr. Wenstrup
The committee will retire from the Chamber to escort the
Speaker-elect to the chair.
The Sergeant at Arms announced the Speaker-elect of the House
of Representatives of the 113th Congress, who was escorted to the
chair by the Committee of Escort.

Ms. [Nancy] PELOSI [of California]. To my fellow Members of the
House of Representatives, it is a high honor to welcome you to the
113th Congress.
To our newest Members of Congress, it is a special privilege
and honor to welcome you and your families and extend
congratulations to the newest Members of Congress. Welcome. . . .
With respect for our Constitution, with faith in the American
people, with hope for the future of our country, I present the
people's gavel to the Speaker of the House, John Boehner.
May God bless you.
May God bless you, Speaker Boehner. May God bless this
Congress. May God always bless the United States of America.
My colleagues, the Speaker of the House, John Boehner.
Mr. [John] BOEHNER [of Ohio]. Leader Pelosi, thank you for your
kind words . . .
I am now ready to take the oath of office.
I ask the Dean of the House of Representatives, the Honorable
John D. Dingell of Michigan, to administer the oath of office.
Mr. Dingell then administered the oath of office to Mr. Boehner
of Ohio, as follows:

Do you solemnly swear or affirm that you will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that you will bear true faith and allegiance
to the same; that you take this obligation freely, without any
mental reservation or purpose of evasion; and that you will well
and faithfully discharge the duties of the office on which you are
about to enter, so help you God.

(Applause, the Members rising.)
Mr. [John] DINGELL [of Michigan]. Congratulations, Mr. Speaker.

Resignation of Speaker

Sec. 4.6 The Speaker, having previously announced to the House his
intention to resign the office upon election of his successor,
recognized nominations from the floor for the office of Speaker and
presided over the election of a new Speaker of the House.

On June 6, 1989,⁽²¹⁾ the following occurred:
---------------------------------------------------------------------------
21. 135 Cong. Rec. 10800-803, 101st Cong. 1st Sess. See also Deschler's
Precedents Ch. 37 Sec. 9.1. For Speaker Boehner's resignation
from the office in the 114th Congress, see Precedents (Wickham)
Ch. 6.
---------------------------------------------------------------------------

PLEDGE OF ALLEGIANCE

The SPEAKER.⁽²²⁾ Will all Members rise and permit
the Chair to lead us in the Pledge of Allegiance to our flag.
---------------------------------------------------------------------------
22. James Wright (TX).
---------------------------------------------------------------------------

The Speaker, Mr. Wright, led the Pledge of Allegiance as
follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for
all. -------------------

ELECTION OF SPEAKER

The SPEAKER. Pursuant to the Speaker's announcement of
Wednesday, May 31, 1989,⁽²³⁾ the Chair will receive
nominations for the Office of Speaker.
---------------------------------------------------------------------------
23. For the text of the Speaker's remarks (made under a question of
personal privilege), see 135 Cong. Rec. 10431-41, 101st Cong.
1st Sess. (May 31, 1989).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Pennsylvania [Mr.
Gray].
Mr. [William] GRAY [of Pennsylvania]. Mr. Speaker, as chairman
of the Democratic Caucus, I am directed by the unanimous vote of
that caucus to present for election to the Office of the Speaker of
the House of Representatives the name of the Honorable Thomas S.
Foley, a Representative from the State of Washington.
The SPEAKER. The Chair now recognizes the gentleman from
California [Mr. Lewis].
(Mr. LEWIS of California asked and was given permission to
revise and extend his remarks.)
Mr. [Jerry] LEWIS of California. Mr. Speaker, as chairman of
the Republican Conference, I am directed by the unanimous vote of
that conference to present for election to the Office of the
Speaker of the House of Representatives the name of the Honorable
Robert H. Michel, a Representative from the State of Illinois.
Mr. Speaker, it is a time of great tribulation and turbulence
as this House celebrates its 200th anniversary. Radical changes in
the structure of power are always that. But it is a credit to the
strength of this institution that in the midst of this upheaval, we
are all joined together in the common goal of determining who will
lead us. . . .

The SPEAKER. The Honorable Thomas S. Foley, a Representative
from the State of Washington, and the Honorable Robert H. Michel, a
Representative from the State of Illinois, have been placed in
nomination.
Are there any further nominations?
There being no further nominations, the Chair will appoint
tellers.
The Chair appoints the gentleman from Illinois [Mr. Annunzio];
the gentleman from California [Mr. Thomas]; the gentlewoman from
Colorado [Mrs. Schroeder]; and the gentlewoman from Nebraska [Mrs.
Smith].
The tellers will come forward and take their seats at the desk
in front of the Speaker's rostrum.
The roll will now be called, and those responding to their
names will indicate by surname the nominee of their choice.
The reading clerk will now call the roll.

The tellers having taken their places, the House proceeded to
vote for the Speaker.
The following is the result of the vote:

[Roll No. 73] . . .

The SPEAKER. The tellers agree in their tallies that the total
number of votes cast is 417, of which the Honorable Thomas S.
Foley, of Washington, has received 251 and the Honorable Robert H.
Michel, of Illinois, has received 164, with 2 voting ``present.''

Therefore, the Honorable Thomas S. Foley, of Washington, is
duly elected Speaker of the House of Representatives, having
received a majority of the votes cast.
The Chair appoints the following committee to escort the
Speaker-elect to the chair: The gentleman from Illinois [Mr.
Michel], the gentleman from Pennsylvania [Mr. Gray], the gentleman
from California [Mr. Lewis], the gentleman from Washington [Mr.
Dicks], the gentleman from Washington [Mr. Swift], the gentleman
from Washington [Mr. Morrison], the gentleman from Washington [Mr.
Chandler], the gentleman from Washington [Mr. Miller], the
gentleman from Washington [Mr. McDermott], and the gentlewoman from
Washington [Mrs. Unsoeld].
The committee will retire from the Chamber to escort the
Speaker-elect to the chair.
The Doorkeeper announced the Speaker-elect of the House of
Representatives of the 101st Congress, who was escorted to the
chair by the committee of escort.
Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker-elect, my
colleagues, guests of the House.
Once again, I hold in my hand--temporarily, alas--a symbol of
the authority of the Speaker of the House.
We are taught it is better to give than receive. I believe
that. When it comes to Speaker's gavels, I have become
distressingly expert at it, having now gone down to defeat for the
sixth time on a straight party-line vote.
I look forward to the day when someone on the other side of the
aisle learns the joys of such selfless behavior.
My colleagues, I know you are anxious to hear from the Speaker,
but before formally presenting him to you, I would ask your
forbearance that I might make a few comments of my own.
During the recent past we have taken part in a number of
ceremonies commemorating the bicentennial of the House of
Representatives.
We had a marvelous celebration on this floor in which many of
us got the chance to say what we believe about this great
institution.
But in a curious irony of history--some might say a tragedy of
history--the very year in which we celebrated the great traditions
and the glories of the House, it has been blighted by unprecedented
crises, personal and institutional.
Today we have that rare, most precious and improbable of
gifts--a second chance for comprehensive, bipartisan institutional
reform that will set the course for a new century.
Let me turn to my friends on the other side of the aisle for a
moment--and I hope that you will take what I have to say in the
spirit in which it is intended.

First, no political party--no man or woman in the House, no
faction, no ideology--has a monopoly on virtue. Human folly is an
equal-opportunity employer.
No, there is no monopoly on virtue, but for over 35 years there
has been a monopoly of power in the House.
Thirty-five years of uninterrupted power can act like a
corrosive acid upon the restraints of civility and comity.
Those who have been kings of the Hill for so long may forget
that majority status is not a divine right--and minority status is
not a permanent condition.
At the heart of our crises are not personal faults of
individual Members. After 32 years as a Member and over 40 years on
the Hill, it is my belief that the personal integrity of the
overwhelming number of Members of this institution is and has been
as good or better than that of any group in our society--especially
those who criticize the most. [Applause.]
I believe that the processes of the House, as established to
deal with ethics cases, have to proceed.
The former Speaker said in his farewell address to the House
that ``this mindless cannibalism has got to stop.''
Now, it is a catchy phrase, but the distinguished members of
the committee on ethics, equally divided from both parties, are
neither mindless nor cannibals. [Applause.]
In fact, it is their reasoned judgment, under extraordinary
pressure, that stands between us and the cannibalism which the
Speaker referred to.
I am all for putting an end to bitterness.
I am all in favor of putting our House in order--but we do not
do so by sweeping things under the rug.
This House is in a convulsive state. We have experienced some
really dark days, but I take heart in the strengths that are built
into this institution to cope with the times.
I also take heart from the fact that Tom Foley, for whom I have
the greatest admiration, will be the new Speaker and, yes, we are
going to have our marked differences. That is the nature of this
place, but that need not intrude upon the mutual respect and the
trust that we have for one another as leaders.
Tom Foley, coming from the great Pacific Northwest, reminds me
of the line of poetry that says:
``But westward, look, the land is bright.''
Congratulations, Mr. Speaker-elect. Let me hand over to you
this symbol of the great power and the great responsibilities you
have just been given by the House.
Ladies and gentlemen of the House, what a privilege for me to
present to you the new Speaker-elect of the House of
Representatives.
[Applause, Members rising.]

The SPEAKER. Mr. Speaker, Bob Michel, my fellow Members,
friends, guests, ladies and gentlemen, article I, section 2 of the
Constitution of the United States states simply that the House of
Representatives shall choose their Speaker and other officers.
Those are simple words, but there are no simple words that can
convey my deep gratitude to you for having chosen me to be the
Speaker of this House.
It is also a great honor to be presented by the distinguished
Republican leader and my good friend, Bob Michel. We have two great
political parties that have nourished our political tradition and
served it so well throughout our history. The Republican Party
could not choose a more able or talented or distinguished a leader
than the gentleman from Illinois [Mr. Michel]. [Applause.]
He would make a great Speaker himself, but I prefer him as the
Republican leader.
Although I know and expect that Bob Michel will, as he has been
in the past, be an outspoken leader and champion for his party, for
its programs and its philosophy, I am confident that whatever
disagreements arise between us over policy will never interfere
with our friendship or with the deep and abiding respect I have for
you, Bob. I look forward to working with you in a spirit of
cooperation and increased consultation as we address the problems
facing this House and the Nation.
It has been the proudest accomplishment of my life to represent
the people of the Fifth Congressional District of Washington, and I
must say a word of gratitude and thankfulness to them for having
allowed me to serve for so many years in their behalf.
There are so many people to whom I am grateful, but first and
foremost is my wife and my loving companion for 24 years, 21 years,
will be 24. [Applause.]
No words can express my love and gratitude to you.
To my surviving mother and sister and love of my family, to the
staff of all of the offices I have held here in the Congress for so
many years who have been a part of everything that I have tried to
do in public life, to my teachers, to my friends, to those who
first inspired me to public service, most of all my father who
convinced me that public service was a great trust and the highest
possible calling; to those who gave me an opportunity for public
service, to people like Henry M. Jackson and Warren G. Magnuson,
who taught me that the public office can contribute so much to the
public good. To the Speakers with whom I have served, John
McCormack and Carl Albert and Tip O'Neill, who served longer than
any Speaker of this House in continuous service, and to you, Mr.
Speaker, because I believe that the great accomplishments of the
last Congress will go down in history as a tribute to your
leadership and dedication. [Applause.]
And to the great Republican leaders, Gerald R. Ford, who left
this place to assume the Presidency of the United States as a
healing President at a difficult time in our country's history. I
was in the Democratic Cloakroom when Gerald Ford took the oath of
office as President of the United States. You may remember he asked
the country to pray for him, and in the silence of the Democratic
Cloakroom, a single voice said, ``We will, Jerry. God bless you.''
To John Rhodes, who I had the pleasure of seeing this last
week, and to Bob Michel, with whom I look forward to the closest
cooperation, and to all of you, all of my colleagues, who though
you have different visions for the future of this country, share a
common commitment to public service, a common concern for the
public good, and a love of this House.
We are proud to call this the People's House, the fundamental
institution of American democracy. Although it is not the oldest
parliament in the world, it has existed longer as an independent,
popularly elected legislature than any other in the history of
mankind.
And as we watch the remarkable struggles of the Chinese people,
as we see the growing aspirations of those in the Soviet Union and
in Poland and elsewhere, we can take pride that the values that
gave this institution its birthand have sustained it for 200 years
now sweep round the world.
This body reflects most closely the Nation at large. It is not,
as many have suggested, a fixed, unchangeable body. We have even
been called the House of Lords. The fact of the matter is that
there is constantly a refreshment from every part of the country as
new Members come from all quarters, from every background, of every
race and creed and color and commitment to serve here.
Since 1965, when I first came, 93 percent of this body have
changed. Since 1974, 81 percent have changed, and in the years
since 1980, fully 55 percent of the House has changed its
membership.
We benefit by this infusion of new ideas, new personalities,
new principles. But it remains ultimately the choice of the
American electorate.
We need to strengthen this House. I do not share the views of
some that we should attempt to tear it down. On the contrary, I
think we must strengthen and build it. [Applause.]
And in that task I pledge to all of you, Democrats and
Republicans, Members from every part of the country, that I
understand the responsibility of the Speaker of the House, as other
Speakers have understood it and practiced it, to be a
responsibility to the whole House and to each and every individual
Member, undivided by that center aisle. [Applause.]
I take great pride, as all of you do, in our public service. I
have spent 25 years in the Congress, and it has been for me the
great and abiding pride of my life. I believe that public service
is a free gift of a free people, and a challenge for all of us in
public life to do what we can to make that service useful for those
who have sent us here.
I am confident, as is Bob Michel, in the fundamental honesty
and integrity of the Members who serve here. I believe the standard
of public conduct is higher and the performance of that standard is
better in this House today than at any other time in the history of
our Nation. But questions must be discussed and answered.
I have asked Bob Michel to join with me in asking the
bipartisan task force on ethics reform to report at an early date
their recommendations to us and to the House so that the House may
consider what recommendations they may make and other
recommendations and proposals in this session of Congress this
year.
I am a proud Democrat, but I appeal specifically to our friends
on the Republican side that we should come together and put away
bitterness and division and hostility. We need to debate public
issues vigorously sometimes, even passionately sometimes, and
decide for the country what should be done; but we need to debate
and decide with reason and without rancor. I will do what I can,
and every day that I serve in this office, to insure that the
rights and privileges of each Member of the House are respected and
to insure that the procedure is fair for all.
I applaud the desire of the President of the United States to
work with the Congress and with both parties, and we extend,
warmly, our offer of cooperation with him.
We have elections every 4 years, but we have one President at a
time, and he who does not wish the President of the United States,
President Bush, well is no friend of the Republic. We wish him
well. We wish to work with him. We wish to serve the common
interests of this country and its interests abroad.
A dozen years ago my great friend and yours, Thomas O'Neill,
stood here to take the oath of office as Speaker for the first
time. In his speech he reminded us in a paraphrased way of the
words of Henry Clay, a great and former Speaker of the House. In
promising to be prompt and impartial in deciding parliamentary
questions, he pledged to be patient, good-tempered, and courteous
toward individual Members. He pledged his best to employ the
talent, the great talent of this House for full and fair
consideration of those issues that come before it. He pledged in
those moments of agitation from which no assembly is entirely
exempt to remain cool and unshaken, gathering the permanent laws
and rules of the House and guarding them from being sacrificed to
temporary passions, prejudices, or interests. I repeat that pledge.
You have bestowed upon me a great honor and a great
responsibility. I will devote every ability I have to justify and
maintain your confidence and the integrity of this House of
Representatives and protect the rights and welfare of all Members
so that we can fulfill our high responsibility in representing the
people of this Nation.
With God's help, with your understanding and support, I am now
prepared to take the oath of office.
[Applause, the Members rising.]

The SPEAKER-ELECT.⁽²⁴⁾ Will the gentleman from
Mississippi [Mr. Whitten] please come forward to administer the
oath of office?
---------------------------------------------------------------------------
24. Thomas Foley (WA).
---------------------------------------------------------------------------

Mr. [Jamie] WHITTEN [of Mississippi] then administered the oath
of office to Mr. Foley of Washington.
[Applause, the Members rising.]

Sec. 5. Speaker as Presiding Officer

Once the Speaker has been elected and the oath of office
administered, the Speaker presides over the completion of other
organizational steps at the beginning of a new Congress. These steps
proceed pursuant to constitutional and statutory requirements and occur
in a prescribed order that derives from precedents and customs
established over the course of many decades of prior practice. Three
matters of organizational business are required by the Constitution.
First, the Speaker must administer the oath of office to Members-
elect.⁽¹⁾ Second, the Speaker presides over the election of
other officers of the House.⁽²⁾ Third, the House must
formally adopt the standing rules to govern proceedings for that
Congress.⁽³⁾ Another organizational step that is required by
statute (rather than the Constitution) is the administration of the
oath of office to the newly-elected officers of the
House.⁽⁴⁾
---------------------------------------------------------------------------
1. ``The Senators and Representatives before mentioned...shall be
bound by Oath or Affirmation, to support this Constitution...''
U.S. Const. art. VI, cl. 3; House Rules and Manual Sec. 196-206
(2017). The form of the oath of office is provided by law. 5
U.S.C. Sec. 3331.
2. ``The House of Representatives shall chuse their Speaker and other
Officers...'' U.S. Const. art. I, Sec. 2, cl. 5; House Rules
and Manual Sec. 26-30 (2017).
3. ``Each House may determine the Rules of its Proceedings...'' U.S.
Const. art. I, Sec. 5, cl. 2; House Rules and Manual Sec. 58
(2017).
4. Parliamentarian's Note: Officers of the House take the same oath as
Members of the House. 5 U.S.C. Sec. 3331. Technically, the law
only requires the Speaker to administer the oath of office to
the Clerk of the House (2 U.S.C. Sec. 26), but by long custom
the oath is administered to all officers of the House. 1 Hinds'
Precedents Sec. 81. For more on the administration of the oath
of office to officers of the House, see Deschler's Precedents
Ch. 6 Sec. 17 and Precedents (Wickham) Ch. 6.
---------------------------------------------------------------------------

Finally, other organizational business occurs traditionally as a
matter of custom or precedent. For example, the House will formally
notify the Senate that a quorum of the House has assembled and that
officers of the House have been elected.⁽⁵⁾ The House will
also notify the President that a quorum of the House has
assembled,⁽⁶⁾ as well as the House's selection of Speaker
and Clerk.⁽⁷⁾ The House customarily adopts a privileged
resolution to establish the daily hours of meeting for that session of
Congress.⁽⁸⁾ Though not necessarily part of the organization
of the House, a resolution authorizing a joint session to hear the
President's address on the state of the Union is commonly adopted on
opening day (or soon thereafter).⁽⁹⁾ The Speaker also makes
various announcements to the House on opening day concerning the
transaction of business during sine die adjournment.⁽¹⁰⁾
Formerly, the House would often authorize the Speaker to declare
recesses during organization,⁽¹¹⁾ but the Chair's discretion
to call recesses of the House has expanded considerably in recent
years, and thus such authorization is now generally not
needed.⁽¹²⁾ Unanimous-consent requests may be entertained
during organization,⁽¹³⁾ and the House may also receive
messages.⁽¹⁴⁾
---------------------------------------------------------------------------
5. See, e.g., 163 Cong. Rec. H6 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
6. Parliamentarian's Note: Prior to the 104th Congress, the Dean of
the House (the Member with the longest continuous service in
the House) would customarily offer these resolutions of
notification. However, beginning in 1995, the Majority Leader
has typically performed this function.
7. Parliamentarian's Note: The House informs the President that a
quorum has assembled by establishing a select committee to
formally transmit the message. On opening day of the 63d
Congress (1913), Members debated the ability of the House to
take certain actions prior to the adoption of rules
(specifically, whether a motion to commit was available under
general parliamentary law). Speaker Champ Clark of Missouri, in
response to the suggestion that the resolution establishing a
committee to notify the President of the assembly of the House
was adopted by unanimous consent, stated that such resolution
was in fact raised as a privileged question. Rep. Thomas
Hardwick of Georgia elaborated that the privileged nature of
said resolution must stem from the fact that ``it is a
necessary part of the organization work of this House.'' Since
that time, it has been accepted that the notification to the
President of the assembly of the House is a matter of privilege
that does not require unanimous consent. 50 Cong. Rec. 72, 63d
Cong. 1st Sess. (Apr. 7, 1913).
8. See Sec. 9.2, infra.
9. Deschler's Precedents Ch. 1 Sec. 3.4.
10. See Sec. 5.2, infra. For other examples of announcements made by
the Speaker during organization, see Deschler's Precedents Ch.
1 Sec. Sec. 7.7-7.10.
11. Deschler's Precedents Ch. 1 Sec. Sec. 7.2, 7.3.
12. For more on recess authority generally, see Deschler's Precedents
Ch. 39 and Precedents (Wickham) Ch. 39.
13. Deschler's Precedents Ch. 1 Sec. Sec. 8.1, 8.2. For examples of
unanimous-consent requests entertained during organization of a
second session, see 124 Cong. Rec. 111, 95th Cong. 2d Sess.
(Jan. 19, 1978) and 126 Cong. Rec. 216, 96th Cong. 2d Sess.
(Jan. 22, 1980).
14. Deschler's Precedents Ch. 1 Sec. 8.3.
---------------------------------------------------------------------------

With respect to a second (or subsequent) session of the same
Congress, the Speaker presides over the organization of the House for
that session, though the number of required steps is necessarily fewer
than on opening day of a new Congress. At a second (or subsequent)
session, the Speaker and other officers have already been elected,
Members have already taken the oath of office, and standing rules have
already been adopted. What remains are primarily administrative,
informational, and ceremonial functions for the Speaker to perform. For
example, the Speaker makes announcements to the body regarding actions
taken or other matters occurring during sine die adjournment. The
Senate and the President are informed that a quorum of the House has
assembled for that session of Congress. The standing order regarding
the daily hour of meeting must be adopted for the new
session.⁽¹⁵⁾
---------------------------------------------------------------------------
15. See Sec. 9.2, infra.
---------------------------------------------------------------------------

Speaker Presiding at Organization

Sec. 5.1 Following the election of Speaker at the opening of a new
Congress, the Speaker⁽¹⁶⁾ presides over the following
organizational steps: (1) administration of the oath of office to
Members-elect; (2) election of officers of the House and the
administration of the oath of office to such individuals; (3)
adoption of a resolution informing the Senate that a quorum of the
House has assembled and officers have been elected; (4) adoption of
a resolution authorizing the appointment of a committee to inform
the President that a quorum of the House has assembled and officers
have been elected; (5) adoption of the rules of the House; and (6)
adoption of a resolution establishing the daily hour of meeting for
the first session of the Congress.
---------------------------------------------------------------------------
16. Parliamentarian's Note: While the Speaker generally presides over
most of the organizational steps described here, the Speaker
may appoint a Speaker pro tempore to preside instead.
Typically, a Speaker pro tempore assumes the Chair following
the administration of the oath of office to the elected
officers of the House.
---------------------------------------------------------------------------

On January 3, 2013,⁽¹⁷⁾ the following organizational
steps were taken with the newly-elected Speaker of the House presiding:
---------------------------------------------------------------------------
17. 159 Cong. Rec. H5, H6, H20-H22, H24 [Daily Ed.], 113th Cong. 1st
Sess. For an earlier example of the Speaker presiding at
organization, see Deschler's Precedents Ch. 1 Sec. 5.1.
---------------------------------------------------------------------------

SWEARING IN OF MEMBERS

The SPEAKER.⁽¹⁸⁾ According to precedent, the Chair
will swear in the Members-elect en masse.
---------------------------------------------------------------------------
18. John Boehner (OH).
---------------------------------------------------------------------------

The Members-elect will rise and raise their right hands.
The Members-elect rose, and the Speaker administered the oath
of office to them as follows:

The SPEAKER. Congratulations, you are now Members of the 113th
Congress. . . . -------------------

ELECTING OFFICERS OF THE HOUSE OF REPRESENTATIVES

Mrs. [Cathy] McMORRIS RODGERS [of Washington]. Mr. Speaker, I
offer a privileged resolution and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 1

Resolved That Karen L. Haas of the State of Maryland; be, and is hereby,
chosen Clerk of the House of Representatives;

That Paul D. Irving of the State of Florida be, and is hereby, chosen
Sergeant-at-Arms of the House of Representatives;

That Daniel J. Strodel of the District of Columbia be, and is hereby,
chosen Chief administrative Officer of the House of Representatives; and

That Father Patrick J. Conroy of the State of Oregon, be, and is hereby,
chosen Chaplain of the House of Representatives.

Mrs. McMORRIS RODGERS. Mr. Speaker, I yield to the gentleman
from California (Mr. Becerra) for the purpose of offering an
amendment.
Mr. [Xavier] BECERRA [of California]. I thank the gentlelady
for yielding.
Mr. Speaker, I have an amendment to the resolution, but before
offering the amendment, I request that there be a division of the
question on the resolution so that we may have a separate vote on
the Chaplain.
The SPEAKER. The question will be divided.
The question is on agreeing to that portion of the resolution
providing for the election of the Chaplain.
That portion of the resolution was agreed to.
A motion to reconsider was laid on the table.

amendment offered by mr. becerra

Mr. BECERRA. Mr. Speaker, I offer an amendment to the remainder
of the resolution.
The SPEAKER. The Clerk will report the amendment.
The Clerk read as follows:

Amendment offered by Mr. Becerra:

That Catlin W. O'Neill of the District of Columbia be, and is
hereby, chosen Clerk of the House of Representatives;
That Diane Dewhirst of the District of Columbia be, and is
hereby, chosen Sergeant-at-Arms of the House of Representatives;
and
That Richard Meltzer of the State of Illinois be, and is
hereby, chosen Chief Administrative Officer of the House of
Representatives.

The SPEAKER. The question is on the amendment offered by the
gentleman from California.
The amendment was rejected.
The SPEAKER. The question is on the remainder of the resolution
offered by the gentlewoman from Washington.
The remainder of the resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER. The Chair will now swear in the officers of the
House.
The officers presented themselves in the well of the House and
took the oath of office as follows:

The SPEAKER.
Congratulations. -------------------

TO INFORM THE SENATE THAT A QUORUM OF THE HOUSE HAS ASSEMBLED
AND OF THE ELECTION OF THE SPEAKER AND THE CLERK

Mr. [Eric] CANTOR [of Virginia]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 2

Resolved, That the Senate be informed that a quorum of the House of
Representatives has assembled; that John A. Boehner, a Representative from
the State of Ohio, has been elected Speaker; and that Karen L. Haas, a
citizen of the State of Maryland, has been elected Clerk of the House of
Representatives of the One Hundred Thirteenth Congress.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

AUTHORIZING THE SPEAKER TO APPOINT A COMMITTEE TO NOTIFY THE
PRESIDENT OF THE ASSEMBLY OF THE CONGRESS

Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and
ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 3

Resolved, That a committee of two Members be appointed by the Speaker on
the part of the House of Representatives to join with a committee on the
part of the Senate to notify the President of the United States that a
quorum of each House has assembled and Congress is ready to receive any
communication that he may be pleased to make.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

AUTHORIZING THE CLERK TO INFORM THE PRESIDENT OF THE ELECTION
OF THE SPEAKER AND THE CLERK

Mr. [John] DINGELL [of Michigan]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 4

Resolved, That the Clerk be instructed to inform the President of the
United States that the House of Representatives has elected John A.
Boehner, a Representative from the State of Ohio as Speaker, and Karen L.
Haas, a citizen of the State of Maryland as Clerk, of the House of
Representatives of the One Hundred Thirteenth Congress.

The resolution was agreed to.
A motion to reconsider was laid on the table. . .
. -------------------

RULES OF THE HOUSE

Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and
ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of the One
Hundred Twelfth Congress, including applicable provisions of law or
concurrent resolution that constituted rules of the House at the end of the
One Hundred Twelfth Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Thirteenth Congress, with amendments to
the standing rules as provided in section 2, and with other orders as
provided in sections 3, 4, and 5. . . .

Mr. GEORGE MILLER of California (during the reading). Madam
Speaker, I ask unanimous consent to dispense with the reading of
the motion.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.
The SPEAKER pro tempore. Without objection, the previous
question is ordered on the motion to commit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to
commit.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.

recorded vote

Mr. GEORGE MILLER of California. Madam Speaker, I demand a
recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--yeas
194, nays 229, not voting 6, as follows: . . .
The SPEAKER pro tempore (Mr. [Thomas] Latham [of Iowa]). The
question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, on that I
demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
228, nays 196, not voting 5, as follows: . .
. -------------------

APPOINTMENT AS MEMBERS OF COMMITTEE TO NOTIFY THE PRESIDENT,
PURSUANT TO HOUSE RESOLUTION 3

The SPEAKER pro tempore.⁽¹⁹⁾ Without objection,
pursuant to House Resolution 3, the Chair announces the Speaker's
appointment of the following Members to the committee on the part
of the House to join a committee on the part of the Senate to
notify the President of the United States that a quorum of each
House has assembled and that Congress is ready to receive any
communication that he may be pleased to make:
---------------------------------------------------------------------------
19. Jo Ann Emerson (MO).
---------------------------------------------------------------------------

The gentleman from Virginia (Mr. Cantor) and
The gentlewoman from California (Ms. Pelosi).
There was no objection. . .
. -------------------

FIXING THE DAILY HOUR OF MEETING OF THE FIRST SESSION OF THE
113TH CONGRESS

Mr. [Pete] SESSIONS [of Texas]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 9

Resolved, That unless otherwise ordered, the hour of daily meeting of the
House shall be 2 p.m. on Monday; noon on Tuesdays (or 2 p.m. if no
legislative business was conducted on the preceding Monday); noon on
Wednesdays and Thursdays; and 9 a.m. on all other days of the week.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Announcements

Sec. 5.2 Following the election of the Speaker of the House on opening
day of a new Congress, the Speaker may make announcements to the
body regarding events occurring during sine die adjournment, such
as the appointment of individuals to boards and commissions.

On January 4, 1995,⁽²⁰⁾ the following announcement was
made:
---------------------------------------------------------------------------
20. 141 Cong. Rec. 559, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENTS AFTER SINE DIE ADJOURNMENT AND FOLLOWING THE
PUBLICATION OF THE FINAL ADDITION OF THE CONGRESSIONAL RECORD
OF THE 103RD CONGRESS

Pursuant to the provisions of section 303(a) of Public Law 103-
3, and the order of the House of Friday, October 7, 1994
authorizing the Speaker and the minority leader to appoint
commissions, boards and committees authorized by law or by the
House, the Speaker on Thursday, December 22, 1994 did appoint to
the Commission on Leave the following Member of the House to fill
the existing vacancy thereon:
Mrs. Schroeder of Colorado.
Pursuant to the provisions of section 270002 of Public Law 103-
322, and the order of the House of Friday, October 7, 1994
authorizing the Speaker and the minority leader to appoint
commissions, boards and committees authorized by law or by the
House, the Speaker on Thursday, December 22, 1994, did appoint to
the National Commission on Crime Prevention and Control the
following members on the part of the House:
Mr. Thomas F. Railsback, Moline, IL.
Mr. Werner W. Brandt, Arlington, VA.
And on January 3, 1995 did also appoint:
Mr. Jeffrey A. Teitz, Newport, RI.
Mr. Larry Erickson, Spokane, WA.
Mr. Jonathan R. Yarowsky, Washington, DC.
Mr. Michael J. O'Neill, Oakton, VA.
Pursuant to the provisions of section 1 of 2 U.S.C. 154, as
amended by section 1 of Public Law 102-246, and the order of the
House of Friday, October 7, 1994 authorizing the Speaker and the
minority leader to accept resignations and to make appointments
authorized by law or by the House, the Speaker on Friday, December
23, 1994 did appoint to the Library of Congress Trust Fund Board
the following members on the part of the House:
Mr. Peter Lynch, Boston, MA to fill the unexpired term of Mr.
Robert Rubin.
Mr. Thomas S. Foley, Washington, DC, to a 4-year term.
and on Tuesday, January 3, 1995 did also appoint:
Mr. Lawrence Tisch, New York, NY, to a 2-year term.

Sec. 6. Adoption of Rules

After the House has completed the initial organizational steps of
conducting the quorum call for Members-elect, electing the Speaker (and
other officers), and administering the oath of office to the
membership, it is ready to proceed to the adoption of standing
rules.⁽¹⁾ Before the standing rules are adopted, the House
is not technically bound by any particular rules of procedure (apart
from those required under the Constitution). The rules of the prior
Congress are no longer applicable in the new Congress.⁽²⁾
Instead, the House proceeds under what is termed ``general
parliamentary law.''⁽³⁾ General parliamentary law is not a
written set of procedures but represents instead the customs and
precedents common to all legislative bodies. The House will look to a
variety of sources to determine the scope of general parliamentary law,
including Thomas Jefferson's Manual of Parliamentary Practice, the
rules and precedents of the House in prior Congresses, and the
experience of other parliamentary bodies such as state legislatures.
---------------------------------------------------------------------------
1. Parliamentarian's Note: The adoption of rules usually proceeds
after the adoption of resolutions notifying the Senate and the
President that the House has assembled, but there have been
variations in this practice. See Deschler's Precedents Ch. 1
Sec. 10.3.
2. Parliamentarian's Note: From 1860 to 1890, the standing rules of
the House contained a provision purporting to extend their
authority into ``succeeding'' Congresses as well. The efficacy
of this provision was occasionally questioned by Members.
Today, only certain provisions recognized as part of general
parliamentary law are considered applicable prior to the
adoption of rules. See 5 Hinds' Precedents Sec. Sec. 6743-6748.
3. See Deschler's Precedents Ch. 1 Sec. 10.2.
---------------------------------------------------------------------------

Formerly, the resolution adopting the standing rules was offered by
the Member who served as chair of the Committee on Rules in the prior
Congress.⁽⁴⁾ However, beginning in the 94th Congress in
1975, this role has been assumed by the Majority Leader.⁽⁵⁾
The resolution adopting the standing rules may be withdrawn as a matter
of right (unanimous consent is not required)⁽⁶⁾ or postponed
to a date certain.⁽⁷⁾ As the resolution adopting rules
constitutes a question of privilege, the Chair has the discretion to
recognize a Member to offer such resolution over another Member
attempting to raise a different question of privilege.⁽⁸⁾
---------------------------------------------------------------------------
4. See Deschler's Precedents Ch. 1 Sec. 10.4.
5. See, e.g., 163 Cong. Rec. H7 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
6. See Deschler's Precedents Ch. 1 Sec. 10.6.
7. See Deschler's Precedents Ch. 1 Sec. 10.7.
8. See Sec. 6.9, infra.
---------------------------------------------------------------------------

The resolution adopting the standing rules is most often considered
under the ``hour rule,'' which permits the offeror one hour of debate
and the ability to offer certain motions recognized under general
parliamentary law (such as the motion for the previous question).
Traditionally, the offeror will yield half of the time to a Member from
the minority party for debate only. When debate has concluded, the
offeror will move the previous question on the resolution, and, if
ordered, the House will come to a final vote on adopting the standing
rules.⁽⁹⁾ However, in two recent instances, the House first
adopted a separate resolution constituting a special order of business
for consideration of the resolution adopting the standing
rules.⁽¹⁰⁾ In both cases, the special order provided for
consideration of the resolution adopting rules in portions (such
resolution normally being indivisible).⁽¹¹⁾
---------------------------------------------------------------------------
9. Parliamentarian's Note: Prior to the 97th Congress in 1981, the
minority party would often seek to offer changes to the
standing rules by advocating the defeat of the previous
question so that a motion to amend would then be in order. See
Deschler's Precedents Ch. 1 Sec. Sec. 10.9, 10.10. Beginning in
the 97th Congress, the procedural mechanism for suggesting
amendments to the rules switched to a motion to commit the
resolution adopting rules to a select committee composed of
Members from the leadership of each party. Beginning in the
113th Congress in 2013, the minority party began to employ both
of these procedural tactics for advocating changes to the
standing rules. See Precedents (Wickham) Ch. 5 Sec. 5.
10. See Sec. 6.10, infra.
11. See Deschler's Precedents Ch. 1 Sec. 10.8.
---------------------------------------------------------------------------

Traditionally, the legislative text adopting the standing rules of
the House will take the form of a resolution declaring that the rules
of the prior Congress shall be the rules of the current
Congress.⁽¹²⁾ However, it is virtually always the case that
the House in the new Congress will wish to make various amendments to
the standing rules, in which case the resolution will typically propose
that the rules of the prior Congress be adopted with a series of
discrete amendments.
---------------------------------------------------------------------------
12. For example, the resolution adopting the standing rules of the 79th
Congress (1945) simply stated that: ``Resolved; that the rules
of the Seventy-eighth Congress be, and they are hereby adopted
as the rules of the Seventy-ninth Congress.'' 91 Cong. Rec. 10,
79th Cong. 1st Sess. (Jan. 3, 1945). See also Deschler's
Precedents Ch. 1 Sec. 10.5.
---------------------------------------------------------------------------

Until the Legislative Reorganization Act of 1946, there were few
procedural rules of the House contained in public law. However, that
act and the subsequent Legislative Reorganization Act of 1970 were both
enacted into law as part of Congress's rulemaking authority, and thus
certain provisions of those statutes operate as rules of the House.
Because the House is not bound by rules in existence prior to the
convening of a Congress (even rules contained in law),⁽¹³⁾
such rulemaking contained in statute must be formally accepted and
reaffirmed by each subsequent Congress. The House does this by
affirmatively acknowledging such rulemaking in the resolution adopting
the standing rules of the House, and in doing so accepts as binding
those rules contained in law.⁽¹⁴⁾
---------------------------------------------------------------------------
13. See Deschler's Precedents Ch. 1 Sec. Sec. 10.1, 12.9.
14. For example, the resolution adopting the rules for the 92d Congress
(1971) contained the following language: ``Resolved, That the
Rules of the House of Representatives of the Ninety-first
Congress, together with all applicable provisions of the
Legislative Reorganization Act of 1946, as amended, and the
Legislative Reorganization Act of 1970, as amended, be, and
they are hereby adopted as the Rules of the House of
Representatives for the Ninety-second Congress.'' 117 Cong.
Rec. 14, 92d Cong. 1st Sess. (Jan. 21, 1971).
---------------------------------------------------------------------------

Over time, the number of laws containing congressional rulemaking
provisions gradually expanded. Beginning with the 95th Congress, the
resolution adopting the standing rules specified that ``all applicable
provisions of law which constituted the Rules of the House'' at the end
of the prior Congress shall be considered rules of the House for the
current Congress, and this language has been used in adopting the
standing rules in every subsequent Congress.⁽¹⁵⁾
---------------------------------------------------------------------------
15. Parliamentarian's Note: In the 99th Congress, language was added to
cover rulemaking contained in concurrent resolutions of both
Houses, in addition to rulemaking contained in statute. 131
Cong. Rec. 393, 99th Cong. 1st Sess. (Jan. 3, 1985).
---------------------------------------------------------------------------

Beginning in the 104th Congress, the House began to incorporate
free-standing orders of the House into the resolution adopting the
standing rules. Such orders are functionally equivalent to rules of the
House and operate with the same binding effect.⁽¹⁶⁾ They are
customarily contained in a separate section (or sections) of the
resolution adopting the standing rules.⁽¹⁷⁾ The resolution
adopting the standing rules has also contained language proposing a
special order of business for the consideration of legislative
measures.⁽¹⁸⁾
---------------------------------------------------------------------------
16. For more on the rules of the House generally, see Deschler's
Precedents Ch. 5 Sec. Sec. 1-7 and Precedents (Wickham) Ch. 5.
17. The resolution adopting the standing rules for the 114th Congress
(2015) contained the following language: ``Resolved, That the
Rules of the House of Representatives of the One Hundred
Thirteenth Congress, including applicable provisions of law or
concurrent resolution that constituted rules of the House at
the end of the One Hundred Thirteenth Congress, are adopted as
the Rules of the House of Representatives of the One Hundred
Fourteenth Congress, with amendments to the standing rules as
provided in section 2, and with other orders as provided in
sections 3, 4, and 5.'' 161 Cong. Rec. H7 [Daily Ed.], 114th
Cong. 1st Sess. (Jan. 6, 2015).
18. See, e.g., 141 Cong. Rec. 462-69, 104th Cong. 1st Sess. (Jan. 4,
1995) and 153 Cong. Rec. 19-24, 110th Cong. 1st Sess. (Jan. 4,
2007).
---------------------------------------------------------------------------

In the 106th Congress, the resolution adopting the standing rules
took a slightly different form than the one traditionally used, due to
the fact that the rules were substantially reorganized to present a
more coherent arrangement. Thus, the standing rules of the prior
Congress were carried forward, but amended ``to read as follows'' (with
the text of the standing rules then presented in their newly
reorganized form).⁽¹⁹⁾
---------------------------------------------------------------------------
19. 145 Cong. Rec. 47-223, 106th Cong. 1st Sess. (Jan. 6, 1999).
---------------------------------------------------------------------------

During consideration of the resolution to adopt the standing rules,
the Speaker may rule on points of order (such as enforcing the
requirement of relevancy in debate),⁽²⁰⁾ but the Speaker
does not rule on the constitutionality of any of the proposed
rules.⁽²¹⁾ As a matter of general parliamentary
law,⁽²²⁾ the Speaker may enforce rules of
decorum,⁽²³⁾ including admonishing guests in the gallery for
inappropriate behavior.⁽²⁴⁾
---------------------------------------------------------------------------
20. See Sec. 6.7, infra.
21. See Sec. 6.8, infra.
22. See Precedents (Wickham) Ch. 5. For earlier discussions of general
parliamentary law, see Deschler's Precedents Ch. 1 Sec. Sec. 1,
10.
23. See Sec. 6.5, infra.
24. See Sec. 6.6, infra.
---------------------------------------------------------------------------

The Speaker may participate in debate on the resolution adopting
rules,⁽²⁵⁾ and in one instance, a newly-elected Speaker (in
his opening remarks to the body) addressed proposed changes in the
rules regarding committee jurisdiction.⁽²⁶⁾
---------------------------------------------------------------------------
25. Deschler's Precedents Ch. 1 Sec. 10.11.
26. 149 Cong. Rec. 4-6, 108th Cong. 1st Sess. (Jan. 7, 2003).
---------------------------------------------------------------------------

Following adoption of the resolution adopting the standing rules,
the House may authorize the Clerk to make technical changes in the
engrossment to correct errors.⁽²⁷⁾
---------------------------------------------------------------------------
27. Deschler's Precedents Ch. 1 Sec. 10.12.
---------------------------------------------------------------------------

House Rules and General Parliamentary Law

Sec. 6.1 On opening day of a new Congress, following the election of
Speaker, the swearing in of the membership en masse, and the
adoption of resolutions to notify the Senate and President that a
quorum of the House has assembled, the Chair recognizes a Member to
offer a resolution adopting the standing rules of the House.

On January 3, 2013,⁽²⁸⁾ the Majority Leader was
recognized to offer a resolution adopting the standing rules of the
House:
---------------------------------------------------------------------------
28. 159 Cong. Rec. H6, H9 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. [Eric] CANTOR [of Virginia]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Mr. CANTOR (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER pro tempore (Mr. [Patrick (Pat)] Tiberi [of Ohio]).
Is there objection to the request of the gentleman from Virginia?
There was no objection.

Announcements

Sec. 6.2 Prior to the adoption of rules, the Speaker may make
announcements regarding policies for the conduct of votes by
electronic device.

On January 4, 1995,⁽²⁹⁾ during organization of the 104th
Congress, the following announcement was made by the Speaker:
---------------------------------------------------------------------------
29. 141 Cong. Rec. 457, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker

The SPEAKER.⁽³⁰⁾ The Chair wishes to enunciate a
clear policy with respect to the conduct of electronic votes.
---------------------------------------------------------------------------
30. Newt Gingrich (GA).
---------------------------------------------------------------------------

As Members are aware, clause 5 of rule XV provides that Members
shall have not less than 15 minutes in which to answer an ordinary
roll call vote or quorum call. The rule obviously establishes 15
minutes as a minimum. Still, with the cooperation of the Members, a
vote can easily be completed in that time. On occasion, the Chair
has announced, and then strictly enforced, a policy of closing
electronic votes as soon as possible after the guaranteed period of
15 minutes. Members appreciated and cooperated with the Chair's
enforcement of the policy on that occasion.
The Chair desires that those examples be made the regular
practice of the House. To that end, the Chair enlists the
assistance of all Members in avoiding the unnecessary loss of time
in conducting the business of the House. The Chair encourages all
Members to depart for the Chamber promptly upon the appropriate
bell and light signal. As in recent Congresses, the cloakrooms
should not forward to the Chair requests to hold a vote by
electronic device, but should simply apprise inquiring Members of
the time remaining on the voting clock.
Although no occupant of the chair would prevent a Member who is
in the well of the Chamber before the announcement of the result
from casting his or her vote, each occupant of the chair will have
the full support of the Speaker in striving to close each
electronic vote at the earliest opportunity. Members should not
rely on signals relayed from outside the Chamber to assume that
votes will be held open until they arrive in the Chamber.

Unanimous-Consent Requests

Sec. 6.3 Prior to the adoption of rules, the Majority Leader offered a
unanimous-consent request to establish a procedure for
consideration of the resolution adopting the standing rules of the
House (a request that drew objection).⁽³¹⁾
---------------------------------------------------------------------------
31. Parliamentarian's Note: After this unanimous-consent request drew
objection, the Majority Leader offered a resolution that was
effectively a special order of business to structure
consideration of the resolution adopting the standing rules.
See Sec. 6.10, infra.
---------------------------------------------------------------------------

On January 4, 1995,⁽³²⁾ the following unanimous-consent
request was made by the Majority Leader:
---------------------------------------------------------------------------
32. 141 Cong. Rec. 447-48, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

MAKING IN ORDER IMMEDIATE CONSIDERATION OF HOUSE RESOLUTION
ADOPTING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE
104TH CONGRESS

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I ask unanimous
consent that it be in order immediately to consider in the House a
resolution adopting the rules of the House of Representatives for
the 104th Congress; that the resolution be considered as read; that
the resolution be debatable initially for 30 minutes, to be equally
divided and controlled by the majority leader and the minority
leader, or their designees; that the previous question be
considered as ordered on the resolution to final adoption without
intervening motion or demand for division of the question, except
that the question of adopting the resolution shall be divided among
nine parts, to wit: Each of the eight sections of title I, and then
title II; each portion of the divided question shall be debatable
separately for 20 minutes, to be equally divided and controlled by
the majority leader and the minority leader, or their designees,
and shall be disposed of in the order stated, but if the yeas and
nays are ordered on the question of adopting any portion of the
divided question, the Speaker may postpone further proceedings on
that question until a later time during the consideration of the
resolution; and, pending the question of adopting the ninth portion
of the divided question, it shall be in order to move the previous
question thereon, and if the previous question is ordered, to move
that the House commit the resolution to a select committee, with or
without instructions, and that the previous question be considered
as ordered on the motion to commit to final adoption without
intervening motion.
The SPEAKER.⁽³³⁾ Is there objection to the request
of the gentleman from Texas?
---------------------------------------------------------------------------
33. Newt Gingrich (GA).
---------------------------------------------------------------------------

Mr. [David] BONIOR [of Michigan]. Reserving the right to
object, Mr. Speaker, under my reservation I would like to ask the
gentleman from Texas [Mr. Armey] several questions about his
unanimous-consent request.
First of all, does the gentleman's request allow us to offer an
amendment to ban gifts by lobbyists?
Mr. ARMEY. Mr. Speaker, will the gentleman yield?
Mr. BONIOR. I yield to the gentleman from Texas.
Mr. ARMEY. Mr. Speaker, I say to the gentleman. You are
entitled under the rules to offer a germane amendment in your
motion to commit if it is ruled by the Parliamentarian that such an
amendment is germane.
Mr. BONIOR. Further reserving the right to object. Mr. Speaker,
I would propound to my distinguished friend from Texas another
question:
Is your request an open amendment process which allows Members
the opportunity to offer germane amendments? We have the
opportunity to offer germane amendments?
Mr. ARMEY. If the gentleman would yield, I am advised by the
gentleman from New York [Mr. Solomon], the chairman of the
Committee on Rules, that the rule is more open than any we have
ever had in the past.
Mr. BONIOR. Is the gentleman saying that no amendments are in
order under the request and this is a closed rule?
Mr. ARMEY. If the gentleman would yield, there are plenty of
amendments in order.
Mr. BONIOR. Does this afford the minority a right to offer an
amendment. I would ask the gentleman from Texas?
Mr. ARMEY. Mr. Speaker, if the gentleman would yield, I am
again advised by the gentleman from New York [Mr. Solomon], the
chairman of the Committee on Rules, that my colleague can include
any amendment he wants in the motion to commit so long as it meets
the test of germaneness.
Mr. BONIOR. Will we have time to debate the motion to commit?
Mr. ARMEY. I believe under the rules of the House it is a
nondebatable motion.
Mr. BONIOR. So we can offer the motion and we cannot debate it?
Mr. ARMEY. If the gentleman would yield, there will be about
3\1/2\, hours of debate, and it is the judgment of this Member that
there will be plenty of opportunity within that time since time
will be allocated to the minority for debate purposes to make the
points that the gentleman might want to make related to their
motion to commit.
It is a common practice that we used many times when we were in
the minority exercising our prerogative to make a motion to commit.
Mr. BONIOR. Mr. Speaker, it is my understanding we will not be
able to offer amendments on the motion the gentleman has put
forward, and that we will not be able, for instance, to offer the
amendment that we wish to offer on the gift ban.
In fact, I would ask another question of my friend. Does this
request envision a division of the open-amendment process for the
Congressional Accountability Act to be considered at the end of the
day?
Mr. ARMEY. Mr. Speaker, will the gentleman yield?
Mr. BONIOR. I yield to the gentleman from Texas.
Mr. ARMEY. Perhaps at this point I might address the Speaker
and express my wonderment as to whether or not the gentleman is
going to make an objection.
Mr. BONIOR. Mr. Speaker, reserving my right to object, let me
just say that given that the gentleman has informed the House that
he is requesting two completely closed rules, two gag rules, I
might add, on the first day of the Congress, I object.
The SPEAKER. An objection has been heard.
The Chair now recognizes the distinguished gentleman from New
York [Mr. Solomon].

Sec. 6.4 Prior to the adoption of rules, a motion to commit a pending
resolution is in order after the previous question has been ordered
thereon, and a unanimous-consent request to dispense with the
reading of the motion is also in order.

On January 3, 2013,⁽³⁴⁾ the following motion was made
with respect to the resolution adopting the standing rules of the
House:
---------------------------------------------------------------------------
34. 159 Cong. Rec. H20-H21 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

Motion to Commit

Mr. GEORGE MILLER of California. Madam Speaker, I have a motion
to commit at the desk.
The SPEAKER pro tempore (Mrs. [Jo Ann] Emerson [of Missouri]).
The Clerk will report the motion.
The Clerk read as follows:

Mr. George Miller of California moves that the resolution (H. Res. 5) be
committed to a select committee composed of the Majority Leader and the
Minority Leader with instructions to report it forthwith back to the House
with the following amendment:

At the end of the resolution, add the following new sections:

SEC. 6. TO SHORTEN VOTING LINES AND PROTECT EARLY VOTING OPPORTUNITIES.

Not later than January 31, 2013, the Speaker shall, pursuant to clause
2(b) of rule XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of a bill
consisting of the text specified in section 8 of this resolution, to amend
the Help America Vote Act of 2002 to promote early voting in elections for
Federal office and to prevent unreasonable waiting times for voters at
polling places used in such elections, and for other purposes. The first
reading of the bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be confined to
the bill and shall not exceed one hour equally divided and controlled by
the chair and ranking minority member of the Committee on House
Administration. After general debate the bill shall be considered for
amendment under the five-minute rule. All points of order against
provisions in the bill are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The previous question
shall be considered as ordered on the bill and amendments thereto to final
passage without intervening motion except one motion to recommit with or
without instructions. If the Committee of the Whole rises and reports that
it has come to no resolution on the bill, then on the next legislative day
the House shall, immediately after the third daily order of business under
clause 1 of rule XIV, resolve into the Committee of the Whole for further
consideration of the bill.

Sec. 7. Clause 1(c) of rule XIX shall not apply to the consideration of
the bill specified in section 8 of this resolution.

Sec. 8. The text referred to in section 6 is as follows:

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early (SIMPLE) Voting Act of 2013''.

SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
TIMES FOR VOTERS IN FEDERAL ELECTIONS.

(a) Requirements for States.--

(1) In general.--Subtitle A of title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended--

(A) by redesignating sections 304 and 305 as sections 306 and 307; and

(B) by inserting after section 303 the following new sections:

``SEC. 304. EARLY VOTING.

``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day period
which ends on the second day immediately preceding the date of the
election, in the same manner as voting is allowed on such date.

``(b) Minimum Early Voting Requirements.--Each polling place which allows
voting prior to the date of a Federal election pursuant to subsection (a)
shall--

``(1) allow such voting for not less than 10 hours on each day; and

``(2) have uniform hours each day for which such voting occurs.

``(c) Location of Polling Places Near Public Transportation.--To the
greatest extent practicable, a State shall ensure that each polling place
which allows voting prior to the date of a Federal election pursuant to
subsection (a) is located within reasonable walking distance of a stop on a
public transportation route.

``(d) Standards.--

``(1) In general.--The Commission shall issue standards for the
administration of voting prior to the date scheduled for a Federal
election. Such standards shall include the nondiscriminatory geographic
placement of polling places at which such voting occurs.

``(2) Deviation.--The standards described in paragraph (1) shall permit
States, upon providing adequate public notice, to deviate from any
requirement in the case of unforeseen circumstances such as a natural
disaster, terrorist attack, or a change in voter turnout.

``(e) Effective Date.--This section shall apply with respect to elections
held on or after January 1, 2014.

``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.

``(a) Preventing Unreasonable Waiting Times.--

``(1) In general.--Each State shall provide a sufficient number of voting
systems, poll workers, and other election resources (including physical
resources) at a polling place used in any election for Federal office,
including a polling place at which individuals may cast ballots prior to
the date of the election, to ensure--

``(A) a fair and equitable waiting time for all voters in the State; and

``(B) that no individual will be required to wait longer than one hour to
cast a ballot at the polling place.

``(2) Criteria.--In determining the number of voting systems, poll
workers, and other election resources provided at a polling place for
purposes of paragraph (1), the State shall take into account the following
factors:

``(A) The voting age population.

``(B) Voter turnout in past elections.

``(C) The number of voters registered.

``(D) The number of voters who have registered since the most recent
Federal election.

``(E) Census data for the population served by the polling place, such as
the proportion of the voting-age population who are under 25 years of age
or who are naturalized citizens.

``(F) The needs and numbers of voters with disabilities and voters with
limited English proficiency.

``(G) The type of voting systems used.

``(H) The length and complexity of initiatives, referenda, and other
questions on the ballot.

``(I) Such other factors, including relevant demographic factors relating
to the population served by the polling place, as the State considers
appropriate.

``(3) Guidelines.--Not later than 180 days after the date of the
enactment of this section, the Commission shall establish and publish
guidelines to assist States in meeting the requirements of this subsection.

``(4) Rule of construction.--Nothing in this subsection may be construed
to authorize a State to meet the requirements of this subsection by closing
any polling place, prohibiting an individual from entering a line at a
polling place, or refusing to permit an individual who has arrived at a
polling place prior to closing time from voting at the polling place.

``(b) Development and Implementation of Contingency Plans.--

``(1) In general.--Each State shall develop, and implement to the
greatest extent practicable, a contingency plan under which the State shall
provide additional poll workers, machines, ballots, and other equipment and
supplies (as the case may be) on the date of the election to any polling
place used in an election for Federal office, including a polling place at
which individuals may cast ballots prior to the date of the election, at
which waiting times exceed one hour.

``(2) Approval of plan by commission.--The State shall ensure that the
contingency plan developed under paragraph (1) is approved by the
Commission prior to the date of the election involved, in accordance with
such procedures as the Commission may establish.

``(c) Effective Date.--This section shall apply with respect to elections
held on or after January 1, 2014.''.

(2) Clerical amendment.--The table of contents of such Act is amended--

(A) by redesignating the items relating to sections 304 and 305 as
relating to sections 306 and 307; and

(B) by inserting after the item relating to section 303 the following new
items:

``SEC. 304. EARLY VOTING.

``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.''.

(b) Report by Election Assistance Commission.--Not later than June 30 of
each odd-numbered year, the Election Assistance Commission shall submit to
Congress a report assessing the impact of sections 304 and 305 of the Help
America Vote Act of 2002 (as added by subsection (a)) on the administration
of elections for Federal office during the preceding 2-year period, and
shall include in the report such recommendations as the Commission
considers appropriate.

(c) No Effect on Authority of State to Provide for Longer Periods of
Early Voting or Greater Amount of Resources at Polling Places.--Nothing in
this section or in any amendment made by this section may be construed to
prohibit a State, with respect to any election for Federal office--

(1) from providing (in an equitable and nondiscriminatory manner) a
longer period for early voting than the minimum period required under
section 304 of the Help America Vote Act of 2002 (as added by subsection
(a)); or

(2) from providing (in an equitable and nondiscriminatory manner) a
greater number of systems, poll workers, and other election resources at
any polling place than the minimum number required under section 305 of
such Act (as added by subsection (a)).

SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF
UNIFORM AND NONDISCRIMINATORY STANDARDS.

(a) In General.--Section 302 of the Help America Vote Act of 2002 (42
U.S.C. 15482) is amended--

(1) by redesignating subsection (d) as subsection (f); and

(2) by inserting after subsection (c) the following new subsections:

``(d) Statewide Counting of Provisional Ballots.--

``(1) In general.--For purposes of subsection (a)(4), notwithstanding the
precinct or polling place at which a provisional ballot is cast within the
State, the appropriate election official shall count each vote on such
ballot for each election in which the individual who cast such ballot is
eligible to vote.

``(2) Effective date.--This subsection shall apply with respect to
elections held on or after January 1, 2014.

``(e) Uniform and Nondiscriminatory Standards.--

``(1) In general.--Consistent with the requirements of this section, each
State shall establish uniform and nondiscriminatory standards for the
issuance, handling, and counting of provisional ballots.

``(2) Effective date.--This subsection shall apply with respect to
elections held on or after January 1, 2014.''.

(b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a), is amended by striking ``Each
State'' and inserting ``Except as provided in subsections (d)(2) and
(e)(2), each State''.

SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO
ENFORCE HELP AMERICA VOTE ACT OF 2002.

(a) Availability of Civil Penalties and Private Rights of Action.--
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is
amended to read as follows:

``SEC. 401. ENFORCEMENT.

``(a) Action by Attorney General.--

``(1) In general.--The Attorney General may bring a civil action against
any State or jurisdiction in an appropriate United States District Court
for such declaratory and injunctive relief (including a temporary
restraining order, a permanent or temporary injunction, or other order) as
may be necessary to carry out the requirements of subtitle A of title III.

``(2) Assessment of civil money penalty.--In a civil action brought under
paragraph (1), if the court finds that the State or jurisdiction violated
any provision of subtitle A of title III, it may, to vindicate the public
interest, assess a civil penalty against the State or jurisdiction--

``(A) in an amount not to exceed $110,000 for each such violation, in the
case of a first violation; or

``(B) in an amount not to exceed $220,000 for each such violation, for
any subsequent violation.

``(3) Intervention.--Upon timely application, a person aggrieved by a
violation of subtitle A of title III with respect to which a civil action
is commenced under paragraph (1) may intervene in such action, and may
obtain such appropriate relief as the person could obtain in a civil action
under subsection (b) with respect to that violation, along with costs and a
reasonable attorney fee.

``(4) Report to congress.--Not later than December 31 of each year, the
Attorney General shall submit to Congress an annual report on any civil
action brought under paragraph (1) during the preceding year.

``(b) Private Right of Action.--

``(1) Availability.--A person who is aggrieved by a State's or
jurisdiction's violation of subtitle A of title III may bring a civil
action in an appropriate United States District Court for such declaratory
or injunctive relief as may be necessary to carry out the requirements of
such subtitle.

``(2) Costs and attorney fees.--The court may award to a person aggrieved
by a violation of subtitle A of title III who prevails in an action brought
under paragraph (1) the costs of the action, including a reasonable
attorney fee.''.

(b) Clerical Amendment.--The table of contents of such Act is amended by
amending the item relating to section 401 to read as follows:

``SEC. 401. ENFORCEMENT.''.

(c) Effective Date.--The amendments made by this section shall apply with
respect to violations alleged to have occurred on or after the date of the
enactment of this Act.

Recorded Vote

Admonitions

Sec. 6.5 Prior to the adoption of rules, the Speaker may maintain
decorum by directing a Member who had not been recognized in debate
beyond an allotted time to be removed from the well, and by
directing the Sergeant-at-Arms to present the mace as the
traditional symbol of order.

On January 3, 1991,⁽³⁵⁾ the following occurred during
consideration of the resolution adopting the standing rules:
---------------------------------------------------------------------------
35. 137 Cong. Rec. 39, 58, 59, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, I offer a
privileged resolution (H. Res. 5) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of the One
Hundred First Congress, including all applicable provisions of law and
concurrent resolutions adopted pursuant thereto which constituted the Rules
of the House at the end of the One Hundred First Congress, be, and they are
hereby, adopted as the Rules of the House of Representatives of the One
Hundred Second Congress, with the following amendments included therein as
part thereof, to wit: . . .

The SPEAKER pro tempore.⁽³⁶⁾ The gentleman from New
York [Mr. Solomon] has 1 minute remaining.
---------------------------------------------------------------------------
36. Steny Hoyer (MD).
---------------------------------------------------------------------------

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, I yield such
time as she may consume to the gentlewoman from Connecticut [Mrs.
Johnson].
Mrs. [Nancy Lee] JOHNSON of Connecticut. Mr. Speaker, I thank
the gentleman for yielding me this time.
Mr. Speaker, I rise in strong opposition to the substance of
this proposal, and with deep concern for the subversion of the
legislative process contained in this package.
The substance strikes at the heart of the budget agreement. The
process strikes at the heart of democracy, and so I am going to use
such time as I may consume, and I am not going to recognize the
authority of the Speaker's gavel, because I want to make very clear
the implications of what is happening here.
First of all, this House is operating under precedent, not
under rule. Precedent is something that we honor because we hold
ourselves to a standard of ethical conduct that requires honoring
our rules.
If we do not hold ourselves to that standard of ethical
conduct, then the line between self-government and chaos
disintegrates. If we cannot operate ethically, we cannot govern
ourselves as a free nation. So, honor is everything; word is bond.
I choose not to be governed by the gavel, because I want to
demonstrate that where word is not bond, democracy cannot survive.
. . .
If we were doing that here today, democracy in its gut and at
the level of trust that it demands would not be at risk; but the
majority party is not proposing a statutory change for which they
could be held accountable.
The SPEAKER pro tempore. The time of the gentlewoman has
expired.

Mrs. JOHNSON of Connecticut. The majority party is proposing a
rules change.
The SPEAKER pro tempore. The Chair would state to the
gentlewoman that whatever point she is trying to make that the
Chair is going to make a point.
Mrs. JOHNSON of Connecticut. It does not change the law.
The SPEAKER pro tempore. The House will operate under proper
decorum.
Mrs. JOHNSON of Connecticut. Rather through the rule, they are
intending to abrogate the content and meaning of the law. One could
ask one's self, why is this happening today? It is happening for a
very simple reason. It is happening for the same simple reason that
Wall Street was crippled by greed. On Wall Street individual greed
took precedence over that code of conduct that had in the past
regulated business decisions, the conduct of business, on Wall
Street.
What is happening here is that individual desire for spending
programs is overriding the public interest in deficit reduction.
Mr. [Gerald] SIKORSKI [of Minnesota]. Mr. Speaker, regular
order.
The SPEAKER pro tempore. The gentlewoman is out of order. The
gentlewoman is making the point of not following the rules.
Mrs. JOHNSON of Connecticut. Mr. Speaker, I am sorry. I know
this is unpleasant.
The SPEAKER pro tempore. The gentlewoman will remove herself
from the well within 30 seconds. . . .

point of order

Mr. [Henry] GONZALEZ [of Texas]. Mr. Speaker, I rise to a point
of order. I rise to a point of order, Mr. Speaker.
Mrs. JOHNSON of Connecticut. As I said, I am not going to talk
at length but only for the very few minutes necessary to make clear
my concern with the substance and process violations in this rules
proposal.
The SPEAKER pro tempore. The gentleman will state his point of
order.
Mr. GONZALEZ. The gentlewoman is out of order and is defying
the Chair's ruling and, therefore, I am imploring the Chair to
exercise its authority to enforce the rules of the House by
summoning the Sergeant at Arms and presenting the mace.
The SPEAKER pro tempore. The Chair may do that.
Mrs. JOHNSON of Connecticut. I regret that the majority party
on such an important matter refused to allow Members the time we
need, and I particularly regret this demonstration of oppression of
the minority as democracy simply cannot survive if the minority's
right to debate is deeply compromised. We must do better than this
in the months ahead. We must reject these rules. We must come back
with a rules package that honors statutory law and that does not
seek to change law through the subterfuge of rules changes. We must
come back with a package that honors the standard of ethical
conduct on which this House has always depended.
I thank the Speaker.

Sec. 6.6 Prior to adoption of the rules, the Speaker quells
demonstrations of approval or disapproval by visitors in the
gallery.

On January 4, 1995,⁽³⁷⁾ the Speaker made the following
announcement during consideration of the resolution adopting the
standing rules of the House:
---------------------------------------------------------------------------
37. 141 Cong. Rec. 454, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker

The SPEAKER.⁽³⁸⁾ There are to be no demonstrations
in the gallery. Those in the gallery are here as guests of the
House.
---------------------------------------------------------------------------
38. Newt Gingrich (GA).
---------------------------------------------------------------------------

Mr. [David] BONIOR [of Michigan]. Mr. Speaker, I yield 1 minute
to the gentleman from Florida [Mr. Peterson].

Points of Order and Parliamentary Inquiries

Sec. 6.7 Debate on a resolution providing for adoption of the standing
rules of a new Congress must relate to rules of the House,
including all applicable provisions of law and concurrent
resolutions constituting rules of the House, and may not include
debate on whether an entity tangentially related to Congress must
disclose its past campaign contributions.

On January 4, 1995,⁽³⁹⁾ during consideration of the
resolution adopting the standing rules, the Chair addressed
parliamentary inquiries and a point of order regarding relevancy in
debate:⁽⁴⁰⁾
---------------------------------------------------------------------------
39. 141 Cong. Rec. 499, 502, 503, 104th Cong. 1st Sess.
40. For more on the concept of relevancy in debate, see Deschler's
Precedents Ch. 29 Sec. Sec. 35-39 and Precedents (Wickham) Ch.
29.
---------------------------------------------------------------------------

The SPEAKER pro tempore (Mrs. [Nancy Lee] Johnson of
Connecticut). Section 105 of the resolution is now debatable for 20
minutes. The gentleman from Ohio [Mr. Cremeans] will be recognized
for 10 minutes, and the gentleman from Michigan [Mr. Bonior] will
be recognized for 10 minutes.
The Chair recognizes the gentleman from Ohio [Mr. Cremeans].
Mr. [Frank] CREMEANS [of Ohio]. Madam Speaker, I yield myself
such time as I may consume.
Today I offer an amendment numbered section 105 to the House
rules mandating public access to committee proceedings. The
American people have spoken. Less than 2 months ago I was chosen to
represent over a half million Ohioans, and today I become their
Representative to this body. . . .
Mr. [David] BONIOR [of Michigan]. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, the House of Representatives is supposed to be
the people's House. This is where the business of the American
people is conducted, and the more sunshine that we can shine on
these Chambers and these committee rooms, the better off the
American people will be.
The days of backroom deals are over. We make decisions in this
building every day that affect every man, woman, and child in this
country, and I think the American people have a right to see those
decisions being made. But it is also time to shut out the influence
of special interests.
I support this amendment, and I commend those who are offering
it, but I do not think it is enough merely to open all meetings to
the public. We should be held accountable for all aspects of public
life, and that means all political contributions should be
disclosed as well. We are required by law to disclose the names of
the people who contribute to out political campaigns, and we do.
But there are some organizations which have an influence on this
body which refuse to disclose who they contribute to, where they
get their money from, and I think it is time to change that as
well.
Let me give you one example: There is an organization called
GOPAC, which, by some accounts, has played a role in electing over
200 Members of this institution. Over the past 9 years, GOPAC has
raised between $10 million and $20 million. Many of these
contributions come from people who have a direct interest in
Federal legislation. We do not know who these people are, where
this money came from, because GOPAC has not disclosed the list of
its past contributors.
With deals like this, is it any wonder that the American people
think that this Congress is for sale? I think the public has a
right to know who these people are, and we should open our meetings
and GOPAC needs to open all of its meetings.

parliamentary inquiry

Mr. [Gerald] SOLOMON [of New York]. Madam Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. SOLOMON. Madam Speaker, is this germane to section 105 of
the bill that we are debating, this discussion?
Mr. BONIOR. Madam Speaker, if I could finish my remarks, I will
address my colleague's comments because I think they are good
comments. I think it is directly germane.
Madam Speaker, I yield myself such time as I may consume.
The SPEAKER pro tempore. The remarks should pertain
specifically to this portion of the resolution adopting the rules.
Mr. BONIOR. This portion of the bill deals with open meetings,
and that deals with open Government. And if we are going to have
open Government, we should make sure that the contributions of the
people are reviewed, that we know where they come from, especially
as they affect legislation. It seems to me if GOPAC has nothing to
hide, then they should have nothing to be afraid of. If GOPAC will
not come clean and will not open their books, I think the American
people have a right to ask, ``What are they trying to hide?''
Mr. [William] THOMAS of California. Madam Speaker, the
gentleman is not germane.

point of order

Mr. THOMAS. Madam Speaker, I have a point of order.
The SPEAKER pro tempore. (Mrs. Johnson of Connecticut). The
gentleman will state his point of order.
Mr. THOMAS. The gentleman is not germane.
The SPEAKER pro tempore. We will proceed. The gentleman from
Ohio [Mr. Cremeans] is recognized.

Sec. 6.8 The Chair does not rule on the constitutionality of a proposed
rule, even as a matter of general parliamentary law before adoption
of the rules, that being a matter appropriately decided by way of
the question of consideration of the resolution or the question of
adopting the resolution.

On January 4, 2005,⁽⁴¹⁾ consideration of the resolution
adopting the standing rules was interrupted by a point of order, as
follows:
---------------------------------------------------------------------------
41. 151 Cong. Rec. 42-46, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. [Thomas] DeLAY [of Texas]. Mr. Speaker, I offer a
privileged resolution (H. Res. 5) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of the One
Hundred Eighth Congress, including applicable provisions of law or
concurrent resolution that constituted rules of the House at the end of the
One Hundred Eighth Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Ninth Congress, with amendments to the
standing rules as provided in section 2 and with other orders as provided
in section 3. . . .

Mr. DeLAY (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER.⁽⁴²⁾ Is there objection to the request
of the gentleman from Texas?
---------------------------------------------------------------------------
42. Dennis Hastert (IL).
---------------------------------------------------------------------------

There was no objection.

point of order

Mr. [Brian] BAIRD [of Washington]. Mr. Speaker, I rise for a
constitutional point of order.
The SPEAKER. The gentleman will state his point of order.
Mr. BAIRD. Mr. Speaker, the resolution we are preparing to
consider, the proposed rules for the 109th Congress, in my judgment
violates the United States Constitution which we were just sworn to
uphold and defend. It does so by allowing a very limited number of
Members, potentially only a handful, to constitute the House of
Representatives.

Article 1, section 5 of the Constitution states that ``each
House shall be the Judge of the Elections, Returns and
Qualifications of its Members, and a majority of each shall
constitute a Quorum to do Business; but a small Number adjourn from
day to day, and may be authorized to compel the attendance of
absent Members.''
Unfortunately, H. Res. 5 seeks to allow a small number not just
to adjourn or compel attendance, as the Constitution stipulates,
but to enact laws, declare war, impeach the President, and fulfill
all other article I responsibilities.
The very first act of the very first Congress of the United
States was to recess day after day after day because they lacked a
quorum. Just moments ago everyone in this body took an oath to
uphold and defend the Constitution, and now our first official vote
is by rule to undermine a fundamental principle of that
Constitution, i.e., what is a quorum. It is my understanding that
the Speaker is reluctant to judge on matters of constitutionality.
I respect that. But I would reserve and inform the Speaker it is my
intent to ask the question of consideration to be put.
The SPEAKER. Does any other Member wish to be heard on the
point of order?
The gentleman from California (Mr. Dreier).
Mr. [David] DREIER [of California]. Mr. Speaker, let me respond
by saying that the gentleman is absolutely right when he states
that the Chair does not rule on questions of constitutionality.
I would also like to say that on this question that is being
brought forward by my friend, it is very clear to me based on
statements that have been made by a wide range of constitutional
scholars that what we are doing in the rules package that we are
about to consider is in fact constitutional. In fact, before the
Committee on Rules the very distinguished former Solicitor General
Walter Dellinger said the following: ``It is simply inconceivable
that a Constitution established to provide for the common defense
and promote the general welfare would leave the Nation unable to
act in precisely the moment of greatest peril. No constitutional
amendment is required to enact the proposed rule change because the
Constitution as drafted permits the Congress to ensure the
preservation of government.''
Let me further, Mr. Speaker, say that the Committee on Rules
intends to conduct further examination of the best way for the
House to assure a continuity of government during a national
emergency, and it is our hope that as we proceed with this work
that further discussions will take place with the members of that
very distinguished panel, the Continuity Commission, which included
our former colleague, Senator Simpson, and Speakers Foley and
Gingrich and former minority leader Bob Michel, Leon Panetta, Kwasi
Mfume, and I believe we will have a chance to proceed with this;
but I think it would be very appropriate for us to proceed with
consideration of the rules package that we have.

The SPEAKER. Does any other Member wish to be heard on the
point of order?
The gentleman from New York (Mr. Nadler).
Mr. [Jerrold] NADLER [of New York]. Mr. Speaker, I rise in
support of the point of order. The Constitution defines a quorum to
conduct business as the majority of each House.
The question of course before us in this debate is, a majority
of what? What is the denominator in that equation?
The precedent holds that the total number of the membership of
the House is those Members who are chosen, sworn and living and
whose membership has not been terminated by action of the House.
Removal by action of the House is also a defined term, expulsion by
a vote of two-thirds in article 1, section 5.
The Constitution also gives the House the authority to compel
attendance when Members do not answer the call of the Chair in such
manner and under such penalties as each House may provide. And, in
fact, the Sergeant at Arms has been sent to gather Members by force
on prior occasions.
This amendment before us to the rules gives the Speaker nearly
unfettered authority to change the number of the Members of the
whole House to exclude Members who are chosen, sworn, and living
but who do not answer the call of the Chair. This would seem to
amount to a constructive expulsion without a two-thirds vote of the
whole House.
For example, suppose the House is at its full complement of 435
Members. A quorum would then be 218. Now, suppose only 400 Members
answer the Speaker's call for whatever reason. They are still
living. They are still chosen. They are still sworn. They have not
been expelled. Now a quorum by order of the Speaker would be 200.
The House may conduct its business with only 200 Members present.
If this is triggered in a time of national emergency, the
consequences could be dire.
Mr. Speaker, we heard the distinguished chair, or maybe he is
only the presumptive chair, of the Committee on Rules, at this
point; but in any event, the gentleman from California (Mr. Dreier)
said a moment ago that this proposed rules change is constitutional
because the Constitution could not have contemplated that the House
could not function. But the Constitution did not contemplate that
the majority of the Members of the House might in fact be the
victims of an act of mass terrorism. Those things were not
contemplated at the time.
The fact is we do need to amend the Constitution to take care
of this very serious question; but this provision for the reasons
stated by the gentleman from Washington (Mr. Baird), for the
reasons that I stated a moment ago, is clearly unconstitutional.
Certainly, before we take such a measure, it deserves much more
extensive debate and hearings and discussion than it can have by
three or four speakers in this context now.
So I urge that Members take careful consideration to the
question of constitutionality here. This may provoke court action,
and we should not adopt this now in the context of an overall rules
change with this very serious amendment to the Constitution, which
is what it amounts to; it cannot receive adequate consideration in
terms of its constitutionality either in terms of its merit.

The SPEAKER. Does any other Member wish to be heard on this
point of order?
The gentleman from Mississippi (Mr. Taylor).
Mr. [Gary Eugene (Gene)] TAYLOR of Mississippi. Mr. Speaker, I
realize that September 11 was a tragic day in America, certainly a
wake-up call within the States.
I also remind the Members of this body that in the War of 1812
this building was occupied by a foreign army. So for the gentleman
from California (Mr. Dreier) to say that they could not have
foreseen these circumstances taking place, what in the heck is he
talking about? This building was occupied and set on fire by a
foreign army. And yet the Congress at that time did not try to
change the rules so that a minority within a minority could govern.
If we are going to amend the Constitution, the gentleman from
Washington (Mr. Baird) is exactly right: someone should offer a
constitutional amendment. If we are going to change the law, then
someone should offer a change to the law; but let us not through
the House rules try to rewrite the Constitution of this Nation.
This Nation has been around for a long time. It is going to be
around for a long time, but only if we continue to do things as the
Founding Fathers would have wanted us to do them and not some
backdoor-approach like this.
The SPEAKER. Does any other Member wish to be heard on the
point of order? If not, the Chair is prepared to rule.
The gentleman from Washington makes a point of order that the
resolution adopting the rules of the House for the 109th Congress
is not in order because it contains a provision that the House does
not have the constitutional authority to propose.
As recorded in section 628 of the House Rules and Manual,
citing numerous precedents including volume 2 of Hinds' Precedents
at sections 1318-1320, the Chair does not determine the
constitutionality of a proposition or judge the constitutional
competency of the House to take a proposed action, nor does the
Chair submit such a question to the House as a question of order.
Rather, it is for the House to determine such a question by its
disposition of the proposition, such as by voting on the question
of its consideration, as recorded in volume 2 of Hinds' Precedents
of section 1255, or by voting on the question of its adoption, as
recorded in volume 2 of Hinds' Precedents at section 1320. The
Chair would apply these precedents even before the adoption of the
Rules of the House as a matter of general parliamentary law.
As such, the House may decide the issues raised by the
gentleman by way of the question of consideration of the resolution
or the question of adopting the resolution. The point of order is
not cognizable.

announcement by the speaker

The SPEAKER. Before the gentleman proceeds, the Chair would
like to announce that any Member-elect who failed to take the oath
of office may present himself or herself in the well of the House
prior to any vote.

swearing in of members-elect

The SPEAKER. Will the gentlewoman from New York (Ms.
Slaughter), the gentlewoman from New York (Mrs. Maloney) and the
gentlewoman from Florida (Ms. Corrine Brown), kindly come to the
well of the House and take the oath of office at this time.
Ms. Slaughter, Mrs. Maloney and Ms. Corrine Brown of Florida
appeared at the bar of the House and took the oath of office, as
follows:

Mr. [Brian] BAIRD [of Washington]. Mr. Speaker, consistent with
the oath of office that I just took, I would request that the
question of consideration be put to the body.
The SPEAKER. The question is, Will the House now consider House
Resolution 5.
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. BAIRD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER. Without objection, this will be an electronic vote
on the question of consideration.
There was no objection.

Questions of Privilege

Sec. 6.9 The Speaker has discretion to recognize a Member to offer a
resolution providing for the adoption of standing rules (itself
constituting a question of privilege) prior to recognizing another
Member to offer, as a question of privilege, another resolution
calling into question the constitutionality of the resolution
adopting the standing rules.⁽⁴³⁾
---------------------------------------------------------------------------
43. Parliamentarian's Note: The constitutional issue raised by the
purported question of privilege concerned a provision of the
resolution adopting the standing rules that would allow
Delegates and the Resident Commissioner to vote in the
Committee of the Whole. The constitutionality of such provision
was upheld in Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994).
For more on the status of Delegates and the Resident
Commissioner generally, see Deschler's Precedents Ch. 7 Sec. 3
and Precedents (Wickham) Ch. 7.
---------------------------------------------------------------------------

On January 5, 1993,⁽⁴⁴⁾ the following occurred:
---------------------------------------------------------------------------
44. 139 Cong. Rec. 49, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, I have a
preferential resolution at the desk involving a question of
privileges of the House, and ask for its immediate consideration.
The SPEAKER.⁽⁴⁵⁾ Prior to the adoption of the rules,
the gentleman from Missouri [Mr. Gephardt] has offered a privileged
resolution under the Constitution and the Chair, in his discretion,
recognizes the gentleman from Missouri for that purpose.
---------------------------------------------------------------------------
45. Thomas Foley (WA).
---------------------------------------------------------------------------

The Clerk will report the resolution.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of the One
Hundred Second Congress, including applicable provisions of law or
concurrent resolution that constituted rules of the House at the end of the
One Hundred Second Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Third Congress, with the following
amendments to the standing rules, to wit:

Sec. 6.10 Before the House adopts the standing rules, a Member may
offer for immediate consideration a privileged resolution
comprising a special order of business for the consideration of the
resolution adopting the standing rules.⁽⁴⁶⁾
---------------------------------------------------------------------------
46. For an early example of a special order of business resolution
being offered prior to the adoption of the standing rules, see
5 Hinds' Precedents Sec. 5450.
---------------------------------------------------------------------------

On January 4, 1995,⁽⁴⁷⁾ prior to the adoption of the
standing rules, a resolution was offered as follows:
---------------------------------------------------------------------------
47. 141 Cong. Rec. 448, 456, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, by direction
of the House Republican Conference, since there is no Committee on
Rules yet, and the Committee on Rules has not met yet to organize
and will not until tomorrow, by direction of the Republican
Conference, I call up a privileged resolution and ask for its
immediate consideration.
The SPEAKER.⁽⁴⁸⁾ The Clerk will report the
resolution.
---------------------------------------------------------------------------
48. Newt Gingrich (GA).
---------------------------------------------------------------------------

The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That upon the adoption of this resolution it shall be in order
to consider in the House the resolution (T1H. Res. 6) adopting the Rules of
the House of Representatives for the One Hundred Fourth Congress. The
resolution shall be considered as read. The resolution shall be debatable
initially for 30 minutes to be equally divided and controlled by the
Majority Leader and the Minority Leader or their designees. The previous
question shall be considered as ordered on the resolution to final adoption
without intervening motion or demand for division of the question except as
specified in sections 2 and 3 of this resolution.

Sec. 2. The question of adopting the resolution shall be divided among
nine parts, to wit: each of the eight sections of title I; and title II.
Each portion of the divided question shall be debatable separately for 20
minutes, to be equally divided and controlled by the Majority Leader and
the Minority Leader or their designees, and shall be disposed of in the
order stated.

Sec. 3. Pending the question of adopting the ninth portion of the divided
question, it shall be in order to move that the House commit the resolution
to a select committee, with or without instructions. The previous question
shall be considered as ordered on the motion to commit to final adoption
without intervening motion.

The SPEAKER. The resolution is a matter of privilege. The
gentleman from New York [Mr. Solomon] is recognized for 1 hour.
Mr. SOLOMON. Mr. Speaker, for the purposes of debate only, I
yield 30 minutes to the distinguished minority leader, or in this
case the minority whip, or his designee, pending which I yield
myself such time as I may consume. . . .
Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, I rise to
urge every Member of the House to vote ``no'' on the previous
question and ``yes'' on the motion to commit.
The Republican leadership would have us believe that they can
pass eight or nine bills in a flurry of legislative accomplishment
and debate.
In fact, there can be no debate; there can be no discussion;
there can be no effort to amend, or strengthen, or truly consider
any of their proposals.

Similarly, on January 4, 2007,⁽⁴⁹⁾ prior to the adoption
of the standing rules, a resolution was offered as follows:
---------------------------------------------------------------------------
49. 153 Cong. Rec. 7, 110th Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, I offer a
privileged resolution (H. Res. 5) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That upon the adoption of this resolution it shall be in order
to consider in the House the resolution (H. Res. 6) adopting the Rules of
the House of Representatives for the One Hundred Tenth Congress. The
resolution shall be considered as read. The previous question shall be
considered as ordered on the resolution to its adoption without intervening
motion or demand for division of the question except as specified in
sections 2 through 4 of this resolution.

Sec. 2. The question of adopting the resolution shall be divided among
five parts, to wit: each of its five titles. The portion of the divided
question comprising title I shall be debatable for 30 minutes, equally
divided and controlled by the majority leader and the minority leader or
their designees. The portion of the divided question comprising title II
shall be debatable for 60 minutes, equally divided and controlled by the
majority leader and the minority leader or their designees. The portion of
the divided question comprising title III shall be debatable for 60
minutes, equally divided and controlled by the majority leader and the
minority leader or their designees. The portion of the divided question
comprising title IV shall be debatable for 60 minutes, equally divided and
controlled by the majority leader and the minority leader or their
designees. The portion of the divided question comprising title V shall be
debatable for 10 minutes, equally divided and controlled by the majority
leader and the minority leader or their designees. Each portion of the
divided question shall be disposed of in the order stated.

Sec. 3. Pending the question of adopting the final portion of the divided
question, it shall be in order to move that the House commit the resolution
to a select committee with or without instructions. The previous question
shall be considered as ordered on the motion to commit to its adoption
without intervening motion.

Sec. 4. During consideration of House Resolution 6 pursuant to this
resolution, notwithstanding the operation of the previous question, the
Chair may postpone further consideration of the resolution to a time
designated by the Speaker.

The SPEAKER pro tempore (Mr. [Steny] Hoyer [of Maryland]). The
gentlewoman from New York (Ms. Slaughter) is recognized for 1 hour.
Ms. SLAUGHTER. Mr. Speaker, for the purposes of debate only, I
yield the customary 30 minutes to the minority leader or his
designee, pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for
the purpose of debate only.
The resolution that I am calling up on this historic day, H.
Res. 5, provides for the consideration of a rules package, H. Res.
6, that we hope will begin to return this Chamber to its rightful
place as the home of democracy and deliberation in our great
Nation.
The resolution we are now debating will allow the House to
consider and vote on the Democratic rules package in five separate
parts. The first title contains the rules package our Republican
colleagues adopted in the 109th Congress, while the second through
fifth titles contain amendments that will begin a reformation of
this body that is long overdue.
I also include for the Record at this time a detailed summary
of the changes H. Res. 6 will make to the standing House rules of
the 109th Congress. . . .

Form

Sec. 6.11 The resolution adopting the standing rules at the beginning
of a new Congress traditionally takes the form of a simple
resolution proposing to carry forward the rules of the prior
Congress (including applicable provisions of law or concurrent
resolution), with a series of discrete amendments to such rules,
and often with additional sections of the resolution carrying
separate (free-standing) orders of the House that are applicable
for the duration of that Congress.

On January 3, 2013,⁽⁵⁰⁾ the resolution adopting the
standing rules of the House was offered as follows:
---------------------------------------------------------------------------
50. 159 Cong. Rec. H6-H9 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. [Eric] CANTOR [of Virginia]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 5

SEC. 2. CHANGES TO THE STANDING RULES.

(a) Committee Activity Reports.--In clause 1(d) of rule XI--

(1) in subparagraph (1), strike ``the 30th day after June 1 and December
1'' and insert ``January 2 of each year'' and strike ``semiannual'';

(2) in subparagraph (2)(B), insert ``in each Congress'' after ``first
such report''; and

(3) in subparagraph (3), strike ``second or fourth semiannual''.

(b) Voting.--

(1) In clause 6 of rule XVIII--

(A) in subparagraph (b)(3), strike ``five minutes'' and insert ``not less
than two minutes''; and

(B) amend paragraph (g) to read as follows:

``(g) The Chair may postpone a request for a recorded vote on any
amendment. The Chair may resume proceedings on a postponed request at any
time. The Chair may reduce to not less than two minutes the minimum time
for electronic voting--

``(1) on any postponed question that follows another electronic vote
without intervening business, provided that the minimum time for electronic
voting on the first in any series of questions shall be 15 minutes; or

``(2) on any postponed question taken without intervening debate or
motion after the Committee of the Whole resumes its sitting if in the
discretion of the Chair Members would be afforded an adequate opportunity
to vote.''.

(2) In rule XX--

(A) amend clause 8(c) to read as follows:

``(c) The Speaker may reduce to five minutes the minimum time for
electronic voting on a question postponed under this clause, or on a
question incidental thereto, that--

``(1) follows another electronic vote without intervening business, so
long as the minimum time for electronic voting on the first in any series
of questions is 15 minutes; or

``(2) follows a report from the Committee of the Whole without
intervening debate or motion if in the discretion of the Speaker Members
would be afforded an adequate opportunity to vote.''; and

(B) amend clause 9 to read as follows:

``9. The Speaker may reduce to five minutes the minimum time for
electronic voting--

``(a) on any question arising without intervening business after an
electronic vote on another question if notice of possible five-minute
voting for a given series of votes was issued before the preceding
electronic vote;

``(b) on any question arising after a report from the Committee of the
Whole without debate or intervening motion; or

``(c) on the question of adoption of a motion to recommit (or ordering
the previous question thereon) arising without intervening motion or debate
other than debate on the motion.''.

(1) in paragraph (j)(2), strike ``Organization and administration'' and
insert ``Organization, administration, and general management''; and

(2) in paragraph (m)(9), strike ``Insular possessions'' and insert
``Insular areas''.

(d) Modification of the Ramseyer Rule.--In clause 3(e)(1)(B) of rule
XIII, insert ``and adjacent provisions if useful to enable the intent and
effect of the amendment to be clearly understood,'' before ``showing''.

(e) Changes to the Code of Conduct and the Committee on Ethics.--

(1) In clause 3(b)(8) of rule XI--

(A) amend subdivision (A)(ii) to read as follows:

``(ii) upon the day of such decision or vote, make a public statement
that the matter, relating to the referral made by the board of the Office
of Congressional Ethics regarding the Member, officer, or employee of the
House who is the subject of the applicable referral, has been extended.'';
and

(B) in subdivision (B)(ii)--

(i) strike ``the committee votes to extend the matter'' and insert ``the
matter is extended''; and

(ii) strike ``the committee has voted to extend the matter'' and insert
``the matter has been extended''.

(2) In clause 8(c) of rule XXIII--

(A) strike ``spouse'' in each place it appears and insert (in each
instance) ``relative'';

(B) in subparagraph (2), strike ``One Hundred Seventh Congress'' and
insert ``One Hundred Thirteenth Congress''; and

``(3) As used in this paragraph, the term `relative' means an individual
who is related to the Member, Delegate, or Resident Commissioner as father,
mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,
niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, grandson,
or granddaughter.''.

(3) In clause 13 of rule XXIII, strike ``Copies of the executed oath (or
affirmation) shall be retained by the Clerk as part of the records of the
House.'' and insert ``Copies of the executed oath (or affirmation) shall be
retained as part of the records of the House, in the case of a Member,
Delegate, or the Resident Commissioner, by the Clerk, and in the case of an
officer or employee of the House, by the Sergeant-at-Arms.''.

(4) In clause 15 of rule XXIII--

(A) in paragraph (a), strike ``paragraph (b)'' and insert ``paragraphs
(b) and (c)'' ;

(B) in paragraph (b)--

(i) amend subparagraph (3) to read as follows:

``(3) the flight consists of the personal use of an aircraft by a Member,
Delegate, or the Resident Commissioner that is supplied by--

``(A) an individual on the basis of personal friendship; or

``(B) another Member, Delegate, or the Resident Commissioner;'';

(ii) in subparagraph (4), strike the period and insert ``; or''; and

(iii) add the following:

``(5) the owner or operator of the aircraft is paid a pro rata share of
the fair market value of the normal and usual charter fare or rental charge
for a comparable plane of comparable size as determined by dividing such
cost by the number of Members, Delegates, or the Resident Commissioner,
officers, or employees of Congress on the flight.''; and

``(c) An advance written request for a waiver of the restriction in
paragraph (a) may be granted jointly by the chair and ranking minority
member of the Committee on Ethics, subject to such conditions as they may
prescribe.''.

(f) Technical and Clarifying Changes.--

(1) In clause 12(b)(2) of rule I, strike ``Chair of the Committee of the
Whole'' and insert ``chair of the Committee of the Whole''.

(2) In clause 6(c)(4) of rule II, before ``the Committee on House
Administration'' insert ``the Committee on Appropriations and''.

(3) In rule V--

(A) in clause 1, strike ``telecommunications'' each place it appears and
insert (in each instance) ``communications'';

(B) in clause 2(a), strike ``recording of the proceedings'' and insert
``recording of the floor proceedings''; and

(4) In clause 2(b) of rule XI, strike ``unless otherwise provided by
written rule adopted by the committee'' and insert ``if notice is given
pursuant to paragraph (g)(3)''.

(5) In clause 2(c)(2) of rule XI, before the last sentence, insert ``Such
notice shall also be made publicly available in electronic form and shall
be deemed to satisfy paragraph (g)(3)(A)(ii).''.

(6) In clause 2(e)(1)(A)(ii) of rule XI, strike ``record vote is
demanded'' and insert ``record vote is taken''.

(7) In clause 2(e)(2)(A) of rule XI, strike ``all committee hearings,
records, data, charts, and files'' and insert ``all committee records
(including hearings, data, charts, and files)''.

(8) In clause 2(l) of rule XI--

(A) strike ``that member shall be entitled'' and insert ``all members
shall be entitled''; and

(B) strike ``to file such views, in writing and signed by that member,''
and insert ``to file such written and signed views''.

(9) In clause 3(h) of rule XI--

(A) strike ``(h)(1)'' and insert ``(h)''; and

(B) redesignate subdivisions (A) and (B) as subparagraphs (1) and (2),
respectively.

(10) In clause 6(g) of rule XIII, strike ``it shall (to the maximum
extent possible) specify in the resolution the object of'' and insert ``it
shall to the maximum extent possible specify in the accompanying report''.

(11) In clause 2 of rule XV, strike ``standing'' each place it appears.

(12) In clause 6 of rule XV, add the following new paragraph:

``(d) Precedents, rulings, or procedures in effect before the One Hundred
Eleventh Congress regarding the priority of business and the availability
of other business on Wednesday shall be applied only to the extent
consistent with this clause.''.

(13) In clause 5(c)(3)(B) of rule XX, after ``Minority Leader'' each
place it appears insert (in each instance) ``(or their respective
designees)''.

(14) In clause 8(a)(1) of rule XXII--

(A) in subdivision (A), after ``in the Congressional Record'' insert ``or
pursuant to clause 3 of rule XXIX''; and

(B) in subdivision (B), before ``copies'' insert ``printed or
electronic''.

(15) In clause 2 of rule XXIV, strike ``Clerk'' and insert ``Chief
Administrative Officer''.

(16) In clause 1 of rule XXVI, strike the second sentence.

SEC. 3. SEPARATE ORDERS.

(a) Independent Payment Advisory Board.--Section 1899A(d) of the Social
Security Act shall not apply in the One Hundred Thirteenth Congress.

(b) Budget Matters.--

(1) During the One Hundred Thirteenth Congress, references in section 306
of the Congressional Budget Act of 1974 to a resolution shall be construed
in the House of Representatives as references to a joint resolution.

(2) During the One Hundred Thirteenth Congress, in the case of a reported
bill or joint resolution considered pursuant to a special order of
business, a point of order under section 303 of the Congressional Budget
Act of 1974 shall be determined on the basis of the text made in order as
an original bill or joint resolution for the purpose of amendment or to the
text on which the previous question is ordered directly to passage, as the
case may be.

(3) During the One Hundred Thirteenth Congress, a provision in a bill or
joint resolution, or in an amendment thereto or a conference report
thereon, that establishes prospectively for a Federal office or position a
specified or minimum level of compensation to be funded by annual
discretionary appropriations shall not be considered as providing new
entitlement authority within the meaning of the Congressional Budget Act of
1974.

(4)(A) During the One Hundred Thirteenth Congress, except as provided in
subparagraph (C), a motion that the Committee of the Whole rise and report
a bill to the House shall not be in order if the bill, as amended, exceeds
an applicable allocation of new budget authority under section 302(b) of
the Congressional Budget Act of 1974, as estimated by the Committee on the
Budget.

(B) If a point of order under subparagraph (A) is sustained, the Chair
shall put the question: ``Shall the Committee of the Whole rise and report
the bill to the House with such amendments as may have been adopted
notwithstanding that the bill exceeds its allocation of new budget
authority under section 302(b) of the Congressional Budget Act of 1974?''.
Such question shall be debatable for 10 minutes equally divided and
controlled by a proponent of the question and an opponent but shall be
decided without intervening motion.

(i) to a motion offered under clause 2(d) of rule XXI; or

(ii) after disposition of a question under subparagraph (B) on a given
bill.

(D) If a question under subparagraph (B) is decided in the negative, no
further amendment shall be in order except--

(i) one proper amendment, which shall be debatable for 10 minutes equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole; and

(ii) pro forma amendments, if offered by the chair or ranking minority
member of the Committee on Appropriations or their designees, for the
purpose of debate.

(5) During the first session of the One Hundred Thirteenth Congress,
pending the adoption of a concurrent resolution on the budget for fiscal
year 2014, the provisions of House Concurrent Resolution 112, One Hundred
Twelfth Congress, as adopted by the House, shall have force and effect in
the House as though Congress has adopted such concurrent resolution, and
the allocations of spending authority printed in tables 11 and 12 of House
Report 112-421 (One Hundred Twelfth Congress) shall be considered for all
purposes in the House to be the allocations under section 302(a) of the
Congressional Budget Act of 1974.

(c) Determinations for PAYGO Acts.--In determining the budgetary effects
of any legislation for the purposes of complying with the Statutory Pay-As-
You-Go Act of 2010 (including the required designation in PAYGO Acts), the
chair of the Committee on the Budget may make adjustments to take into
account the exemptions and adjustments set forth in section 503(b)(1) of
House Concurrent Resolution 112, One Hundred Twelfth Congress.

(d) Spending Reduction Amendments in Appropriations Bills.--

(1) During the reading of a general appropriation bill for amendment in
the Committee of the Whole House on the state of the Union, it shall be in
order to consider en bloc amendments proposing only to transfer
appropriations from an object or objects in the bill to a spending
reduction account. When considered en bloc under this paragraph, such
amendments may amend portions of the bill not yet read for amendment
(following disposition of any points of order against such portions) and
are not subject to a demand for division of the question in the House or in
the Committee of the Whole.

(2) Except as provided in paragraph (1), it shall not be in order to
consider an amendment to a spending reduction account in the House or in
the Committee of the Whole House on the state of the Union.

(3) It shall not be in order to consider an amendment to a general
appropriation bill proposing a net increase in budget authority in the bill
(unless considered en bloc with another amendment or amendments proposing
an equal or greater decrease in such budget authority pursuant to clause
2(f) of rule XXI).

(4) A point of order under clause 2(b) of rule XXI shall not apply to a
spending reduction account.

(5) A general appropriation bill may not be considered in the Committee
of the Whole House on the state of the Union unless it includes a spending
reduction account as the last section of the bill. An order to report a
general appropriation bill to the House shall constitute authority for the
chair of the Committee on Appropriations to add such a section to the bill
or modify the figure contained therein.

(6) For purposes of this subsection, the term ``spending reduction
account'' means an account in a general appropriation bill that bears that
caption and contains only a recitation of the amount by which an applicable
allocation of new budget authority under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of new budget authority
proposed by the bill.

(e) Estimates of Direct Spending.--

(1) It shall not be in order to consider any concurrent resolution on the
budget, or amendment thereto or conference report thereon, unless it
contains a separate heading entitled ``Direct Spending'', which shall
include a category for ``Means-Tested Direct Spending'' and a category for
``Nonmeans-Tested Direct Spending'' and sets forth--

(A) the average rate of growth for each category in the total amount of
outlays during the 10-year period preceding the budget year;

(B) estimates for each such category under current law for the period
covered by the concurrent resolution; and

(2) Before the consideration of a concurrent resolution on the budget by
the Committee on the Budget for a fiscal year, the chair of the Committee
on the Budget shall submit for printing in the Congressional Record a
description of programs which shall be considered means-tested direct
spending and nonmeans-tested direct spending for purposes of this
subsection.

(f) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during
the One Hundred Thirteenth Congress--

(1) the Committee on Armed Services may have not more than seven
subcommittees;

(2) the Committee on Foreign Affairs may have not more than seven
subcommittees; and

(3) the Committee on Transportation and Infrastructure may have not more
than six subcommittees.

(g) Exercise Facilities for Former Members.--During the One Hundred
Thirteenth Congress--

(1) The House of Representatives may not provide access to any exercise
facility which is made available exclusively to Members and former Members,
officers and former officers of the House of Representatives, and their
spouses to any former Member, former officer, or spouse who is a lobbyist
registered under the Lobbying Disclosure Act of 1995 or any successor
statute or agent of a foreign principal as defined in clause 5 of rule XXV.
For purposes of this section, the term ``Member'' includes a Delegate or
Resident Commissioner to the Congress.

(2) The Committee on House Administration shall promulgate regulations to
carry out this subsection.

(h) Numbering of Bills.--In the One Hundred Thirteenth Congress, the
first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved for
assignment by the Speaker and the second 10 numbers for bills (H.R. 11
through H.R. 20) shall be reserved for assignment by the Minority Leader.

(i) Inclusion of United States Code Citations.--To the maximum extent
practicable and consistent with established drafting conventions, an
instruction in a bill or joint resolution proposing to repeal or amend any
law or part thereof not contained in a codified title of the United States
Code shall include, if available, the applicable United States Code
citation in parenthesis immediately following the designation of the matter
proposed to be repealed or amended.

(j) Duplication of Federal Programs.--

(1) The chair of a committee may request that the Government
Accountability Office perform a duplication analysis of any bill or joint
resolution referred to that committee. Any such analysis shall assess
whether, and the extent to which, the bill or joint resolution creates a
new Federal program, office, or initiative that duplicates or overlaps with
any existing Federal program, office, or initiative.

(2) The report of a committee on a bill or joint resolution shall include
a statement, as though under clause 3(c) of rule XIII, indicating whether
any provision of the measure establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal program. The
statement shall at a minimum explain whether--

(A) any such program was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of Public Law 111-
139; or

(B) the most recent Catalog of Federal Domestic Assistance, published
pursuant to the Federal Program Information Act (Public Law 95-220, as
amended by Public Law 98-169), identified other programs related to the
program established or reauthorized by the measure.

(k) Disclosure of Directed Rule Makings.--

(1) The report of a committee on a bill or joint resolution shall include
a statement, as though under clause 3(c) of rule XIII, estimating the
number of directed rule makings required by the measure.

(2) For purposes of this subparagraph, the term ``directed rule making''
means a specific rule making within the meaning of section 551 of title 5,
United States Code, specifically directed to be completed by a provision in
the measure, but does not include a grant of discretionary rule making
authority.

SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.

(a) Litigation Matters.--

(1) Continuing authority for the bipartisan legal advisory group.--

(A) The House authorizes the Bipartisan Legal Advisory Group of the One
Hundred Thirteenth Congress--

(i) to act as successor in interest to the Bipartisan Legal Advisory
Group of the One Hundred Twelfth Congress with respect to civil actions in
which it intervened in the One Hundred Twelfth Congress to defend the
constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7)
or related provisions of titles 10, 31, and 38, United States Code,
including in the case of Windsor v. United States, 833 F. Supp.2d 394
(S.D.N.Y. June 6, 2012), aff'd, 699 F.3d 169 (2d Cir. October 18, 2012),
cert. granted, No. 12-307 (Dec. 7, 2012), cert. pending No. 12-63 (July 16,
2012) and 12-785 (Dec. 28, 2012);

(ii) to take such steps as may be appropriate to ensure continuation of
such civil actions; and

(iii) to intervene in other cases that involve a challenge to the
constitutionality of section 3 of the Defense of Marriage Act or related
provisions of titles 10, 31, and 38, United States Code.

(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group
continues to speak for, and articulate the institutional position of, the
House in all litigation matters in which it appears, including in Windsor
v. United States.

(2) Continuing authorities for the committee on oversight and government
reform and the office of general counsel.--

(A) The House authorizes--

(i) the Committee on Oversight and Government Reform of the One Hundred
Thirteenth Congress to act as the successor in interest to the Committee on
Oversight and Government Reform of the One Hundred Twelfth Congress with
respect to the civil action Committee on Oversight and Government Reform,
United States House of Representatives v. Eric H. Holder, Jr., in his
official capacity as Attorney General of the United States, filed by the
Committee on Oversight and Government Reform in the One Hundred Twelfth
Congress pursuant to House Resolution 706; and

(ii) the chair of the Committee on Oversight and Government Reform (when
elected), on behalf of the Committee on Oversight and Government Reform,
and the Office of General Counsel to take such steps as may be appropriate
to ensure continuation of such civil action, including amending the
complaint as circumstances may warrant.

(B) The House authorizes the chair of the Committee on Oversight and
Government Reform (when elected), on behalf of the Committee on Oversight
and Government Reform and until such committee has adopted rules pursuant
to clause 2(a) of rule XI, to issue subpoenas related to the investigation
into the United States Department of Justice operation known as ``Fast and
Furious'' and related matters.

(C) The House authorizes the chair of the Committee on Oversight and
Government Reform (when elected), on behalf of the Committee on Oversight
and Government Reform, and the Office of General Counsel to petition to
join as a party to the civil action referenced in paragraph (1) any
individual subpoenaed by the Committee on Oversight and Government Reform
of the One Hundred Twelfth Congress as part of its investigation into the
United States Department of Justice operation known as ``Fast and Furious''
and related matters who failed to comply with such subpoena, or any
successor to such individual.

(D) The House authorizes the chair of the Committee on Oversight and
Government Reform (when elected), on behalf of the Committee on Oversight
and Government Reform, and the Office of General Counsel, at the
authorization of the Speaker after consultation with the Bipartisan Legal
Advisory Group, to initiate judicial proceedings concerning the enforcement
of subpoenas issued to such individuals.

(b) House Democracy Partnership.--House Resolution 24, One Hundred Tenth
Congress, shall apply in the One Hundred Thirteenth Congress in the same
manner as such resolution applied in the One Hundred Tenth Congress except
that the commission concerned shall be known as the House Democracy
Partnership.

(c) Tom Lantos Human Rights Commission.--Sections 1 through 7 of House
Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred
Thirteenth Congress in the same manner as such provisions applied in the
One Hundred Tenth Congress, except that--

(1) the Tom Lantos Human Rights Commission may, in addition to
collaborating closely with other professional staff members of the
Committee on Foreign Affairs, collaborate closely with professional staff
members of other relevant committees; and

(2) the resources of the Committee on Foreign Affairs which the
Commission may use shall include all resources which the Committee is
authorized to obtain from other offices of the House of Representatives.

(d) Office of Congressional Ethics.--Section 1 of House Resolution 895,
One Hundred Tenth Congress, shall apply in the One Hundred Thirteenth
Congress in the same manner as such provision applied in the One Hundred
Tenth Congress, except that--

(1) the Office of Congressional Ethics shall be treated as a standing
committee of the House for purposes of section 202(i) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 72a(i));

(2) references to the Committee on Standards of Official Conduct shall be
construed as references to the Committee on Ethics;

(3) the second sentence of section 1(b)(6)(A) shall not apply; and

(4) members subject to section 1(b)(6)(B) may be reappointed for a second
additional term.

(e) Empaneling Investigative Subcommittee of the Committee on Standards
of Official Conduct.--The text of House Resolution 451, One Hundred Tenth
Congress, shall apply in the One Hundred Thirteenth Congress in the same
manner as such provision applied in the One Hundred Tenth Congress.

SEC. 5. ADDITIONAL ORDERS OF BUSINESS.

(a) Reading of the Constitution.--The Speaker may recognize a Member for
the Reading of the Constitution on any legislative day through January 15,
2013.

(b) Motions to Suspend the Rules.--It shall be in order at any time on
the legislative day of January 4, 2013, for the Speaker to entertain
motions that the House suspend the rules, as though under clause 1 of rule
XV, relating to a measure addressing flood insurance.

Sec. 7. Organization at a Second Session

The opening day of a second session of Congress differs
considerably from the opening day of a first session.⁽¹⁾ At
the opening of a second (or any subsequent) session, the membership of
the House has been established (i.e., Members have taken the oath of
office), officers have been elected, rules have been adopted, and most
organizational business already completed in the first session.
Therefore, it is unnecessary for the House to reprise these actions in
the second session. Instead, the Speaker (or Speaker pro
tempore)⁽²⁾ calls the House to order and proceeds to the
initial quorum call of Members for the second session.⁽³⁾ As
in the first session, the House formally notifies the Senate and the
President that a quorum of the House has assembled for the second
session,⁽⁴⁾ and the Chair may make announcements regarding
actions taken or events occurring between sessions.⁽⁵⁾ The
oath of office may be administered to newly-elected Members following
the initial quorum call.⁽⁶⁾
---------------------------------------------------------------------------
1. See Sec. 7.2, infra. For earlier treatment of the procedures at
organization of a second session, see Deschler's Precedents Ch.
1 Sec. Sec. 7.5, 7.6.
2. Parliamentarian's Note: Although the Speaker traditionally presides
at the opening of a second session of Congress, there is no
requirement that the Speaker do so, and Speakers in the past
have designated Speakers pro tempore to preside at the opening
of a second session. See Sec. 7.1, infra.
3. See U.S. Const. amend. XX; House Rules and Manual Sec. 242 (2017).
As with the first session, the initial quorum call for a second
session is now conducted using the electronic voting system.
For an example of a malfunction of the system's display panels
during organization of a second session, see 154 Cong. Rec. 10,
11, 110th Cong. 2d Sess. (Jan. 15, 2008).
4. See, e.g., 162 Cong. Rec. H4 [Daily Ed.], 114th Cong. 2d Sess.
(Jan. 5, 2016).
5. See Sec. Sec. 7.6-7.8, infra.
6. See Sec. 7.5, infra.
---------------------------------------------------------------------------

The House may also transact additional organizational business in
the second session, where authorities from the first session have
expired with the end of that session.⁽⁷⁾ For example, the
resolution adopted in the first session setting the daily hour of
meeting for that session is inapplicable to the second session, and the
House adopts a similar resolution at the outset of the second
session.⁽⁸⁾ Similarly, the customary unanimous-consent order
setting the format for ``morning-hour debate'' is agreed to by the
House once per session.⁽⁹⁾
---------------------------------------------------------------------------
7. Parliamentarian's Note: For many years, the House has provided
broad authority for Members to revise and extend their remarks
in the Congressional Record. Between the 106th Congress and the
111th Congress, this authority was provided once each session.
Beginning with the 112th Congress, this authority was extended
to cover the duration of the entire Congress. For more, see
Precedents (Wickham) Ch. 5 Sec. 20.
8. See, e.g., 162 Cong. Rec. H4 [Daily Ed.], 114th Cong. 2d Sess.
(Jan. 5, 2016). For more on the hour of meeting, see Sec. 9,
infra.
9. See, e.g., 162 Cong. Rec. H4 [Daily Ed.], 114th Cong. 2d Sess.
(Jan. 5, 2016).
---------------------------------------------------------------------------

It is fairly common for organizational business of a second session
to be postponed until Members are ready to return for legislative
business. The House has provided authority to conduct pro forma
sessions of the House to begin a second session, at which no
organizational or legislative business is expected to
occur.⁽¹⁰⁾ The authority for the Speaker to dispense with
organizational or legislative business at the beginning of a second
session may be provided by simple resolution of the
House⁽¹¹⁾ or by unanimous consent.⁽¹²⁾ In such
circumstances, the initial quorum call of Members will not take place
until the date chosen to resume legislative activity.
---------------------------------------------------------------------------
10. See Sec. 7.3, infra. See also 126 Cong. Rec. 3, 96th Cong. 2d Sess.
(Jan. 3, 1980); 126 Cong. Rec. 25, 96th Cong. 2d Sess. (Jan. 7,
1980); 126 Cong. Rec. 47, 96th Cong. 2d Sess. (Jan. 17, 1980);
138 Cong. Rec. 2, 102d Cong. 2d Sess. (Jan. 3, 1992); 138 Cong.
Rec. 148, 149, 102d Cong. 2d Sess. (Jan. 22, 1992); and 138
Cong. Rec. 421, 102d Cong. 2d Sess. (Jan. 24, 1992).
11. See Sec. 7.3, infra. See also 151 Cong. Rec. 29055, 109th Cong. 1st
Sess. (Dec. 16, 2005).
12. See Sec. 7.4, infra.
---------------------------------------------------------------------------

Speaker Pro Tempore Presiding

Sec. 7.1 While it is customary for the Speaker to preside over
organization of a second session of a Congress, a designated
Speaker pro tempore may also preside.⁽¹³⁾
---------------------------------------------------------------------------
13. Parliamentarian's Note: In this instance from the 111th Congress, a
Speaker pro tempore opened the House and declared a recess.
Following the recess, the Speaker herself initiated the quorum
call of Members for the second session, and another Speaker pro
tempore assumed the Chair to announce the result.
---------------------------------------------------------------------------

On January 12, 2010,⁽¹⁴⁾ the opening of the second
session of the 111th Congress proceeded as follows:
---------------------------------------------------------------------------
14. 156 Cong. Rec. 6, 111th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at noon and was called to order by the Speaker
pro tempore (Mr. Moran of
Virginia). -------------------

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,
January 12, 2010.

I hereby appoint the Honorable James P. Moran to act as Speaker
pro tempore on this day.
Nancy Pelosi,
Speaker of the House of
Representatives. -------------------

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the
following prayer:
As the 111th Congress reassembles to meet its constitutional
commitments in its second session, may the prophetic cry of Israel,
from the prophet, be heard in the hearts of all Members and in the
attitude of all America's people:
As the Lord has called you
for the victory of justice,
I have grasped you by the hand.
I formed you and set you
as a covenant of the people;
a light for all the nations.
Accomplish great deeds in and through us, Lord, and make these
days a time of great promise and fulfilled blessings.
Amen. -------------------

RECESS

The SPEAKER pro tempore.⁽¹⁵⁾ Pursuant to clause
12(a) of rule I, the Chair declares the House in recess until
approximately 6:30 p.m. today.
---------------------------------------------------------------------------
15. James Moran (VA).
---------------------------------------------------------------------------

Accordingly (at 12 o'clock and 1 minute p.m.), the House stood
in recess until approximately 6:30
p.m. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker at 6 o'clock and 32 minutes
p.m. -------------------

CALL OF THE HOUSE

The SPEAKER.⁽¹⁶⁾ The Clerk will utilize the
electronic system to ascertain the presence of a quorum.
---------------------------------------------------------------------------
16. Nancy Pelosi (CA).
---------------------------------------------------------------------------

Members will record their presence by electronic device.
The call was taken by electronic device, and the following
Members responded to their names:

[Roll No. 1] . . .

The SPEAKER pro tempore (Mr. [William] Owens [of New York]). On
this rollcall, 373 Members have recorded their presence.
A quorum is present.

Procedure

Sec. 7.2 At the opening of a second session of Congress, the House is
called to order by the Speaker (or Speaker pro
tempore),⁽¹⁷⁾ and, following the prayer and pledge of
allegiance, the Chair initiates a call of Members to establish a
quorum for the session, makes various announcements as to events
taking place during sine die adjournment, and causes the President
and Senate to be notified that a quorum of the House has assembled.
---------------------------------------------------------------------------
17. See Sec. 7.1, supra.
---------------------------------------------------------------------------

On January 7, 2014,⁽¹⁸⁾ organizational business of the
second session of the 113th Congress proceeded as follows:
---------------------------------------------------------------------------
18. 160 Cong. Rec. H3-H5 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

CALL OF THE HOUSE

The SPEAKER.⁽¹⁹⁾ The Clerk will use the electronic
system to ascertain the presence of a quorum.
---------------------------------------------------------------------------
19. John Boehner (OH).
---------------------------------------------------------------------------

Members will record their presence by electronic device.
The SPEAKER. On this roll call, 316 Members have recorded their
presence.
A quorum is
present. -------------------

THE JOURNAL

The SPEAKER. The Chair has examined the Journal of the
proceedings of January 3, 2014, and announces to the House his
approval thereof.
Pursuant to clause 1, rule I, the Journal stands
approved. -------------------

PLEDGE OF ALLEGIANCE

The SPEAKER. Will the gentleman from Texas (Mr. Poe) come
forward and lead the House in the Pledge of Allegiance.
Mr. [Ted] POE of Texas led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for all. . .
. -------------------

PROVIDING FOR A COMMITTEE TO NOTIFY THE PRESIDENT OF THE
ASSEMBLY OF THE HOUSE OF REPRESENTATIVES

Mr. [Pete] SESSIONS of Texas]. Mr. Speaker, I send to the desk
a privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 450

Resolved, That a committee of two Members be appointed by the Speaker on
the part of the House of Representatives to notify the President of the
United States that a quorum of the House has assembled and that the House
is ready to receive any communication that he may be pleased to make.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

APPOINTMENT AS MEMBERS OF COMMITTEE TO NOTIFY THE PRESIDENT,
PURSUANT TO HOUSE RESOLUTION 450

The SPEAKER. Pursuant to House Resolution 450, the Chair
appoints the following Members to the committee to notify the
President of the United States that a quorum of the House has
assembled and that the House is ready to receive any communication
that he may be pleased to make:
The gentleman from Virginia (Mr. Cantor) and the gentlewoman
from California (Ms.
Pelosi). -------------------

TO INFORM THE SENATE THAT A QUORUM OF THE HOUSE HAS ASSEMBLED

Mr. SESSIONS. Mr. Speaker, I send to the desk a privileged
resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 451

Resolved, That the Clerk of the House inform the Senate that a quorum of
the House is present and that the House is ready to proceed with business.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

Pro Forma Sessions

Sec. 7.3 The House has adopted a resolution providing for, inter alia,
the conduct of pro forma sessions of the House (at which no
legislative or organizational business would take place) spanning
the end of the first session of the Congress and the beginning of
the second session, and authorizing: (1) the automatic approval of
the Journal on each pro forma day; and (2) the Chair to adjourn the
House and set the date of next convening within the three-day
constitutional limit.

On December 12, 2013,⁽²⁰⁾ the following resolution was
offered (and later adopted):
---------------------------------------------------------------------------
20. 159 Cong. Rec. H7702 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO H.J. RES.
59, CONTINUING APPROPRIATIONS RESOLUTION, 2014; PROVIDING FOR
CONSIDERATION OF MOTIONS TO SUSPEND THE RULES; PROVIDING FOR
PROCEEDINGS DURING THE PERIOD FROM DECEMBER 14, 2013, THROUGH
JANUARY 6, 2014; AND FOR OTHER PURPOSES

Mr. [Rob] WOODALL [of Georgia]. Mr. Speaker, by direction of
the Committee on Rules, I call up House Resolution 438 and ask for
its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 438

Resolved, That upon adoption of this resolution it shall be in order to
take from the Speaker's table the joint resolution (H.J. Res. 59) making
continuing appropriations for fiscal year 2014, and for other purposes,
with the House amendment to the Senate amendment thereto, and to consider
in the House, without intervention of any point of order, a motion offered
by the chair of the Committee on the Budget or his designee that the House
recede from its amendment and concur in the Senate amendment with the
amendment printed in part A of the report of the Committee on Rules
accompanying this resolution modified by the amendment printed in part B of
that report. The Senate amendment and the motion shall be considered as
read. The motion shall be debatable for 70 minutes, with 60 minutes equally
divided and controlled by the chair and ranking minority member of the
Committee on the Budget and 10 minutes equally divided and controlled by
the chair and ranking minority member of the Committee on Energy and
Commerce. The previous question shall be considered as ordered on the
motion to its adoption without intervening motion or demand for division of
the question.

Sec. 2. The chair of the Committee on the Budget may insert in the
Congressional Record at any time during the remainder of the first session
of the 113th Congress such material as he may deem explanatory of the
motion specified in the first section of this resolution.

Sec. 3. In the engrossment of the House amendment to the Senate
amendment to House Joint Resolution 59, the Clerk may conform division,
title, and section numbers and conform cross-references and provisions for
short titles.

Sec. 4. The chair of the Committee on Armed Services may insert in the
Congressional Record at any time during the remainder of the first session
of the 113th Congress such material as he may deem explanatory of defense
authorization measures for the fiscal year 2014.

Sec. 5. It shall be in order at any time on the legislative day of
December 12, 2013, or December 13, 2013, for the Speaker to entertain
motions that the House suspend the rules as though under clause 1 of rule
XV. The Speaker or his designee shall consult with the Minority Leader or
her designee on the designation of any matter for consideration pursuant to
this section.

Sec. 6. On any legislative day of the first session of the One Hundred
Thirteenth Congress after December 13, 2013--

(a) the Journal of the proceedings of the previous day shall be
considered as approved; and

Sec. 7. On any legislative day of the second session of the One Hundred
Thirteenth Congress before January 7, 2014--

(a) the Speaker may dispense with organizational and legislative
business;

(b) the Journal of the proceedings of the previous day shall be
considered as approved if applicable; and

Sec. 8. The Speaker may appoint Members to perform the duties of the
Chair for the duration of the period addressed by sections 6 and 7 as
though under clause 8(a) of rule I.

Sec. 9. Each day during the period addressed by sections 6 and 7 of this
resolution shall not constitute a calendar day for purposes of section 7 of
the War Powers Resolution (50 U.S.C. 1546).

Sec. 10. Upon adoption of this resolution it shall be in order to
consider in the House the bill (H.R. 3695) to provide a temporary extension
of the Food, Conservation, and Energy Act of 2008 and amendments made by
that Act, as previously extended and amended and with certain additional
modifications and exceptions, to suspend permanent price support
authorities, and for other purposes. All points of order against
consideration of the bill are waived. The amendment printed in part C of
the report of the Committee on Rules accompanying this resolution shall be
considered as adopted. The bill, as amended, shall be considered as read.
All points of order against provisions in the bill, as amended, are waived.
The previous question shall be considered as ordered on the bill, as
amended, and on any amendment thereto to final passage without intervening
motion except: (1) 40 minutes of debate equally divided and controlled by
the chair and ranking minority member of the Committee on Agriculture; and
(2) one motion to recommit with or without instructions.

Sec. 11. The requirement of clause 6(a) of rule XIII for a two-thirds
vote to consider a report from the Committee on Rules on the same day it is
presented to the House is waived with respect to any resolution reported
through the legislative day of December 13, 2013.

The SPEAKER pro tempore.⁽²¹⁾ The gentleman from
Georgia is recognized for 1 hour. . . .
---------------------------------------------------------------------------
21. Chris Collins (NY).

At the commencement of the second session of the 113th Congress on
January 3, 2014,⁽²²⁾ the Chair exercised the authorities
permitted by the resolution above:
---------------------------------------------------------------------------
22. 160 Cong. Rec. H1 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

This being the day fixed pursuant to the 20th amendment to the
Constitution for the meeting of the second session of the 113th
Congress, the House met at noon and was called to order by the
Speaker pro tempore (Mr. Messer). . .
. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽²³⁾ Pursuant to section
7(a) of House Resolution 438, no organizational or legislative
business will be conducted on this day.
---------------------------------------------------------------------------
23. Luke Messer (IN).
---------------------------------------------------------------------------

Messages requiring action will be laid before the House on a
subsequent day.
Bills and resolutions introduced today will receive a number
but will not be referred to committee or noted in the Record until
a subsequent day. Executive communications, memorials, and
petitions likewise will be referred and numbered on a subsequent
day. -------------------

ADJOURNMENT

The SPEAKER pro tempore. Pursuant to section 7(c) of House
Resolution 438, the House stands adjourned until 2 p.m. on Tuesday,
January 7, 2014.
Accordingly (at 12 o'clock and 4 minutes p.m.), the House
adjourned until Tuesday, January 7, 2014, at 2 p.m.

Sec. 7.4 The House by unanimous consent authorized the Speaker to
dispense with organizational or legislative business on the first
legislative day of the second session.

On December 8, 2003,⁽²⁴⁾ the House transacted the
following unanimous-consent request:
---------------------------------------------------------------------------
24. 149 Cong. Rec. 32134, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

AUTHORIZING SPEAKER TO DISPENSE WITH ORGANIZATIONAL AND
LEGISLATIVE BUSINESS ON ANY DAY HOUSE CONVENES PURSUANT TO
SECTION 2 OF HOUSE JOINT RESOLUTION 80

Mr. [Thaddeus] McCOTTER [of Michigan]. Mr. Speaker, I ask
unanimous consent that on any day when the House convenes pursuant
to section 2 of House Joint Resolution 80, the Speaker may dispense
with organizational and legislative business.
The SPEAKER pro tempore (Mr. [Rick] Renzi [of Arizona]). Is
there objection to the request of the gentleman from Michigan?
There was no objection.

Administration of the Oath

Sec. 7.5 Following the initial quorum call at the beginning of a second
session of a Congress, it is in order to administer the oath of
office to any Member-elect who has not yet been sworn.

On January 25, 1994,⁽²⁵⁾ the following occurred:
---------------------------------------------------------------------------
25. 140 Cong. Rec. 86-87, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at 12 o'clock noon.
The SPEAKER.⁽²⁶⁾ This being the day fixed by Public
Law 103-207 of the 103d Congress, enacted pursuant to the 20th
amendment of the Constitution for the meeting of the 2d session of
the 103d Congress, the House will be in order.
---------------------------------------------------------------------------
26. Thomas Foley (WA).
---------------------------------------------------------------------------

The prayer will be offered by the
Chaplain. -------------------

PRAYER

The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
O gracious God, You are the creator of all that is and Your
blessings abound . . .

RESIGNATION AS A MEMBER OF THE HOUSE OF REPRESENTATIVES

The SPEAKER laid before the House the following resignation
from the U.S. House of Representatives:

Congress of the United States,
House of Representatives,
Washington, DC, January 7, 1994.
Hon. David Walters,
Governor, State of Oklahoma, Oklahoma City, OK.

Dear Governor: In accordance with the laws of the State of
Oklahoma, I am hereby notifying you that I resign from my duties as
Representative of the Sixth Congressional District in the United
States House of Representatives effective at 12 midnight, January
7, 1994.

Sincerely,
Glenn English,
Member of Congress. -------------------

CALL OF THE HOUSE

The SPEAKER. The Clerk will utilize the electronic system to
ascertain the presence of a quorum.
Members will record their presence by electronic device.
The call was taken by electronic device, and the following
Members responded to their names:

[Roll No. 1] . . .

The SPEAKER. On this rollcall, 348 Members having recorded
their presence by electronic device, a quorum is present.
Under the rule, further proceedings under the call were
dispensed with. -------------------

PLEDGE OF ALLEGIANCE

The SPEAKER. Will the gentleman from Mississippi [Mr.
Montgomery] come forward and lead the House in the Pledge of
Allegiance.
Mr. [Gillespie (Sonny)] MONTGOMERY [of Mississippi] led the
Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation under
God, indivisible, with liberty and justice for
all. -------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives.

Office of the Clerk,
U.S. House of Representatives,
Washington, DC, January 25, 1994.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.

Dear Mr. Speaker: I have the honor to transmit herewith the
certificate of election from the Secretary of State, State of
Michigan, indicating that, according to the official returns of the
Special Election held on December 7, 1993, the Honorable Vern
Ehlers was elected to the Office of Representative in Congress from
the Third Congressional District, State of Michigan.
With great respect, I am

Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.

State of Michigan Certificate of Election

We, the undersigned, State Canvassers, from an examination of
the Election Returns received by the Secretary of State, determine
that, at the General Election, held on the seventh day of December,
nineteen hundred ninety-three, Vern Ehlers was duly elected
Representative in Congress 3d District for the term ending January
2, nineteen hundred ninety-five.
In Witness Whereof, We have hereto subscribed our names, at
Lansing, this third day of January, nineteen hundred ninety-four.
(Signed) Board of State
Canvassers. -------------------

SWEARING IN OF THE HONORABLE VERNON J. EHLERS OF MICHIGAN AS A
MEMBER OF THE HOUSE

The SPEAKER. Will the dean of the Michigan delegation, together
with members of the delegation, escort the Member-elect from
Michigan, Vernon J. Ehlers, to the well of the House.
Mr. VERNON J. EHLERS appeared at the bar of the House and took
the following oath of office:
Do you solemnly swear that you will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that you will bear true faith and allegiance to the Same;
that you take this obligation freely, without any mental
reservation or purpose of evasion, and that you will well and truly
discharge the duties of the office upon which you are about to
enter, so help you God.
The SPEAKER. Congratulations, you are a Member of the House of
Representatives.

Announcements

Sec. 7.6 During organization of a second session of a Congress, the
Speaker (or Speaker pro tempore) may make various announcements
regarding events occurring during sine die adjournment (such as the
resignation of a Member from the House).⁽²⁷⁾
---------------------------------------------------------------------------
27. Parliamentarian's Note: In this instance, the resignation of Rep.
Ernie Fletcher of Kentucky was effective prior to the
commencement of the second session. Thus, the Member's name was
removed from the roll of Members prior to the initial quorum
call. This situation can be contrasted with a similar
resignation of another Member later this same day, which was
effective at midnight. That Member's name was left on the roll
of Members for the initial quorum call. See 150 Cong. Rec. 65,
108th Cong. 2d Sess. (Jan. 20, 2004).
---------------------------------------------------------------------------

On January 20, 2004,⁽²⁸⁾ the following occurred during
organizational business of the second session of the 108th Congress:
---------------------------------------------------------------------------
28. 150 Cong. Rec. 64-66, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at noon.
The SPEAKER.⁽²⁹⁾ This being the day fixed by Public
Law 108-181, 108th Congress, enacted pursuant to the 20th amendment
to the Constitution for the meeting of the second session of the
108th Congress, the House will be in order.
---------------------------------------------------------------------------
29. Dennis Hastert (IL).
---------------------------------------------------------------------------

The prayer will be offered by the Chaplain. . .
. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. Under clause 5(c) of rule XX, the Chair announces
to the House that, in light of the resignation of the gentleman
from Kentucky (Mr. Fletcher), as indicated in the Record of
December 15, 2003, the whole number of the House is adjusted to
434. -------------------

Sec. 7.7 During assembly of the House at the second session of the 94th
Congress, the Speaker made an announcement during organizational
business regarding the bicentennial of the Declaration of
Independence.

On January 19, 1976,⁽³⁰⁾ the following occurred:
---------------------------------------------------------------------------
30. 122 Cong. Rec. 140, 141, 94th Cong. 2d Sess.
---------------------------------------------------------------------------

This being the day fixed by House Joint Resolution 749, 94th
Congress, enacted pursuant to the 20th amendment of the
Constitution, for the meeting of the second session of the 94th
Congress, the Members of the House of Representatives of the 94th
Congress met in their Hall, and at 12 o'clock noon were called to
order by the Speaker, the Honorable CARL ALBERT, a Representative
from the State of Oklahoma.
The Chaplain, Rev. Edward G. Latch, D.D., L.H.D., offered the
following prayer: . .
. -------------------

CALL OF THE HOUSE

The SPEAKER. The Clerk will call the roll to ascertain the
presence of a quorum.
The Clerk called the roll, and the following Members answered
to their names: . . .
The SPEAKER. On this rollcall 370 Members have answered to
their names, a quorum.
By unanimous consent, further proceedings under the call were
dispensed with. -------------------

ANNOUNCEMENT BY THE SPEAKER AT OPENING OF 2D SESSION OF 94TH
CONGRESS

The SPEAKER. The Chair would like to take the liberty to state
that today is both the first day of the 2d session of the 94th
Congress and the first meeting of Congress in this historic
Bicentennial Year.
As we enter the third century of our national existence, we
Members of the 94th Congress, like our colleagues 200 years ago in
the Continental Congress and those in the 44th Congress 100 years
later have a special obligation to demonstrate to this Nation that
representative government works and the Constitution of the United
States lives.
Let us strengthen every constitutional resource at our command
with the will to succeed, with the spirit to cooperate, and with
the undivided devotion to the high moral principles on which this
Nation was founded_as inscribed before you_``Union, Justice,
Tolerance, Liberty, Peace.''
Building together in this workshop of democracy, this House of
Representatives can leave behind a strong legacy for this great
institution and for the American people to whom it
belongs. -------------------

MEMBERS SHOULD FOLLOW THE TRADITION OF THEIR FOREBEARS DURING
2D SESSION OF 94TH CONGRESS

(Mr. RHODES asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [John Jacob] RHODES [of Arizona]. Mr. Speaker, I take this
time to congratulate the Speaker on the great statement he has just
made and to assure him that I concur in his words completely.
As we approach the second session of this Congress, I think it
behooves all of us to recall our forebears in this legislative
body, those who have gone before us, and to recall the examples
which they have set so as to dedicate ourselves to conducting the
second session of this Congress with the idea and in the light of
those who believed in the Republic and in its future.
We should do this not in a partisan sense but in a sense of
working together for the great accomplishments which our great
people deserve.
Mr. Speaker, I pledge to you and to all the Members of this
body my cooperation and my belief that this not only is possible
but necessary as we enter the tercentenary of the history of this
great Republic.

Sec. 7.8 During assembly of the House at the second session of the
101st Congress, the Chair laid before the House a communication
from the Clerk transmitting an enrollment returned by the President
during sine die adjournment (which was the subject of subsequent
parliamentary inquiries).

On January 23, 1990,⁽³¹⁾ the first day of the second
session of the 101st Congress, a veto message from the President was
laid before the House:
---------------------------------------------------------------------------
31. 136 Cong. Rec. 4-5, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER⁽³²⁾ laid before the House the following
communication from the Clerk of the House Representatives:

32. Thomas Foley (WA).
---------------------------------------------------------------------------
Washington, DC,
December 1, 1989.
Hon. Thomas S. Foley,
The Speaker, U.S. House of Representatives, Washington, DC.

Dear Mr. Speaker: Pursuant to the permission granted in Clause
5 of Rule III of the Rules of the U.S. House of Representatives, I
have the honor to transmit the returned enrollment of H.R. 2712,
together with a memorandum from the President relating to said bill
received in my office at 6:40 p.m. on Thursday, November 30, 1989.
With great respect, I am

Sincerely yours,
Donnald K. Anderson,
Clerk, House of
Representatives. -------------------

EMERGENCY CHINESE IMMIGRATION RELIEF ACT OF 1989--MEMORANDUM OF
DISAPPROVAL FROM THE PRESIDENT OF THE UNITED STATES (H. DOC.
NO. 101-132)

The SPEAKER laid before the House the following memorandum of
disapproval from the President of the United States:

memorandum of disapproval

In light of the actions I have taken in June and again today, I
am withholding my approval of H.R. 2712, the ``Emergency Chinese
Immigration Relief Act of 1989.'' These actions make H.R. 2712
wholly unnecessary.
I share the objectives of the overwhelming majority in the
Congress who passed this legislation. Within hours of the events of
Tiananmen Square in June, I ordered the Attorney General to ensure
that no nationals from the People's Republic of China be deported
against their will, and no such nationals have been deported. Since
June, my Administration has taken numerous additional and
substantive actions to further guarantee this objective.
Today I am extending and broadening these measures to provide
the same protections as H.R. 2712. I am directing the Attorney
General and the Secretary of State to provide additional
protections to persons covered by the Attorney General's June 6th
order deferring the enforced departure for nationals of China.
These protections will include: (1) irrevocable waiver of the 2-
year home country residence requirement which may be exercised
until January 1, 1994; (2) assurance of continued lawful
immigration status for individuals who were lawfully in the United
States on June 5, 1989; (3) authorization for employment of Chinese
nationals present in the United States on June 5, 1989; and (4)
notice of expiration of nonimmigrant status, rather than
institution of deportation proceedings, for individuals eligible
for deferral of enforced departure whose nonimmigrant status has
expired.
In addition, I have directed that enhanced consideration be
provided under the immigration laws for individuals from any
country who express a fear of persecution upon return to their
country related to that country's policy of forced abortion or
coerced sterilization.
These further actions will provide effectively the same
protection as would H.R. 2712 as presented to me on November 21,
1989. Indeed, last June I exercised my authority to provide
opportunity for employment to a wider class of Chinese aliens than
the statute would have required. My action today provides complete
assurance that the United States will provide to Chinese nationals
here the protection they deserve.
It has always been my view, and it is my policy as President,
that the United States shall not return any person to a country
where he or she faces persecution.
I have under current law sufficient authority to provide the
necessary relief for Chinese students and others who fear returning
to China in the near future. I will continue to exercise vigorously
this authority. Waivers granted under this authority will not be
revoked.
Maintaining flexibility in administering our productive student
and scholar exchange program with China is important. As many as
80,000 Chinese have studied and conducted research in the United
States since these exchanges began. I want to see these exchanges
continue because it is in the national interest of the United
States to promote the exchange of technical skills and ideas
between Chinese and Americans. It is my hope that by acting
administratively, we will help foster the continuation of these
programs.
My actions today accomplish the laudable objectives of the
Congress in passing H.R. 2712 while preserving my ability to manage
foreign relations. I would note that, with respect to individuals
expressing a fear of persecution related to their country's
coercive family policies, my actions today provide greater
protection than would H.R. 2712 by extending such protection
worldwide rather than just to Chinese nationals. Despite my strong
support for the basic principles of international family planning,
the United States cannot condone any policy involving forced
abortion or coercive sterilization.
I deplore the violence and repression employed in the Tiananmen
events. I believe that China, as its leaders state, will return to
the policy of reform pursued before June 3. I further believe that
the Chinese visitors would wish to return to China in those
circumstances, in which case I would hope that the knowledge and
experience gained by the Chinese visitors temporarily in our
country be applied to help promote China's reforms and
modernization.
The adjournment of the Congress has prevented my return of H.R.
2712 within the meaning of Article I, section 7, clause 2 of the
Constitution. Accordingly, my withholding of approval from the bill
precludes its becoming law. The Pocket Veto Case, 279 U.S. 655
(1929). Because of the questions raised in opinions issued by the
United States Court of Appeals for the District of Columbia
Circuit, I am sending H.R. 2712 with my objections to the Clerk of
the House of Representatives.
George Bush.
The White House, November 30, 1989.

The SPEAKER. The objections of the President will be spread at
large upon the Journal, and the memorandum of disapproval and the
bill be printed as a House document.
The Chair recognizes the gentleman from Texas [Mr. Brooks].
Mr. [Jack Bascom] BROOKS [of Texas]. Mr. Speaker, I ask
unanimous consent that further consideration of the veto of the
bill, H.R. 2712, be postponed until Wednesday, January 24, 1990.
The SPEAKER. Is there objection to the request of the gentleman
from Texas?
There was no
objection. -------------------

PARLIAMENTARY INQUIRY

Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state his parliamentary
inquiry.
Mr. MICHEL. Mr. Speaker, the President in his memorandum of
disapproval stated the following:

The adjournment of the Congress has prevented my return of H.R. 2712
within the meaning of article I, section 7, clause 2 of the Constitution.
Accordingly, my withholding of approval from the bill precludes its
becoming law.

The President then cites the pocket veto case, 279 U.S. 655
(1929), and then, going on quoting the President,

Because of the questions raised in opinions issued by the U.S. Court of
Appeals for the District of Columbia circuit, I am sending H.R. 2712 with
my objections to the Clerk of the House of Representatives.

Also the President headed his message a ``Memorandum of
Disapproval,'' and chose to return it to the Clerk in an unsealed
envelope. It was not drafted as a message to the House of
Representatives.
Mr. Speaker, I wonder if the Chair could enlighten the House as
to the status of the veto.
The SPEAKER. In responding to the parliamentary inquiry of the
minority leader, the Chair would note that the enrollment of the
bill H.R. 2712 was received at the White House on November 21,
1989, and that the memorandum of disapproval was signed by the
President and returned to the Clerk of the House on November 30,
1989. Thus, pursuant to article I, section 7, clause 2, of the
Constitution, the enrolled bill was in fact returned by the
President within 10 days--Sundays excepted--after it had been
presented to him.
The bill was returned with the President's objections to the
House in which it originated, his objections have been entered at
large in the Journal, and the House is now in a position to proceed
to reconsider the bill.
Both the Congress and the President have demonstrated that
Congress did not prevent the return of the bill by its adjournment
on November 22, 1989. The Congress demonstrated its position by
adopting House Concurrent Resolution 239 on November 22, 1989,
which included section 4 reaffirming that the adjournment of either
House pursuant to that concurrent resolution shall not prevent the
return by the President of any bill presented to him for approval.
The President--who received a certified copy of House Concurrent
Resolution 239--demonstrated that the Congress did not prevent the
bill's return by in fact returning the bill to the originating
House through its agent, the Clerk.
The Chair, therefore, is constrained by the mandate of the
Constitution and the precedents of the House to permit the House to
proceed to reconsider the bill, the objections of the President to
the contrary notwithstanding.
The Chair is not ruling on the constitutional prerogatives of
the Congress and the President with respect to the exercise of a
pocket veto during an intersession sine die adjournment. The Chair
is responding only with respect to the responsibility of the Chair
and of the House at this time in proceeding to reconsider the bill.

Sec. 8. Legislative Business of a Prior Session

Each Congress is a separate parliamentary body that comes into
being at assembly and terminates upon sine die
adjournment.⁽¹⁾ Thus, it is generally the case that business
of one Congress does not continue as business of the next Congress. For
example, bills and resolutions introduced in one Congress cannot be
taken up in a subsequent Congress but must be formally reintroduced.
Unfinished business pending at the close of one Congress does not
remain unfinished business of a subsequent Congress.
---------------------------------------------------------------------------
1. Parliamentarian's Note: As noted elsewhere, adjournment sine die
does not prevent the House from taking actions through its
committees, and Members remain Members of that Congress until
the constitutionally-required ending of their terms at noon on
January 3. See U.S. Const. amend. XX; House Rules and Manual
Sec. 242 (2017).
---------------------------------------------------------------------------

However, with respect to different sessions of the same Congress,
it is generally the case that authorities granted and business
commenced in one session continue without interruption into the next
session. Bills and resolutions introduced in one session may be taken
up in a subsequent session, and unfinished business on the House's
various calendars remains available for the House to
consider.⁽²⁾ Signatures on a discharge petition are not
affected by the close of a session of Congress, and Members need not
re-sign discharge petitions in the new session.⁽³⁾
---------------------------------------------------------------------------
2. For an example of resuming business on the (now abolished) Consent
Calendar at the beginning of a second session, see Deschler's
Precedents Ch. 1 Sec. 11.2.
3. See Deschler's Precedents Ch. 1 Sec. 3.2.
---------------------------------------------------------------------------

It is often the case that committee investigations require an
extended period of time to complete, and there have been many instances
where an investigation begun in one Congress is not completed before
the expiration of that Congress. In such circumstances, the House in
the next Congress will formally reauthorize the investigation, thus
conferring on the new Congress jurisdiction over the matter. This has
been the case for impeachment investigations,⁽⁴⁾ contempt
proceedings,⁽⁵⁾ ethics investigations,⁽⁶⁾ and
other inquiries.⁽⁷⁾ Often, the formal continuation of these
authorities occurs on opening day of the new Congress. In the 115th
Congress, the House enabled continuing litigation authority in the
standing rules,⁽⁸⁾ allowing a committee or chair of a
committee authorized during a prior Congress to act in a litigation
matter to act as a successor in interest with respect to such
litigation matter and to take steps to ensure continuation of the
matter.
---------------------------------------------------------------------------
4. See Sec. Sec. 8.1, 8.2, infra. Impeachment proceedings though may
continue from one Congress to the next Congress. See House
Rules and Manual Sec. 620 (2017).
5. See Sec. 8.3, infra.
6. See Sec. 8.4, infra.
7. See Deschler's Precedents Ch. 1 Sec. 11.1.
8. Rule II, clause 8(c), House Rules and Manual Sec. 670b (2017).
Prior to the 115th Congress, the authority to continue judicial
proceedings had been granted by separate orders for specific
matters.
---------------------------------------------------------------------------

During sine die adjournment, the House may receive messages or
reports of various kinds, which are often communicated to the
membership on opening day of the next Congress or
session.⁽⁹⁾ For example, a Senate bill messaged to the House
after sine die adjournment of a first session was referred to committee
on opening day of the second session.⁽¹⁰⁾ Veto messages from
the President have been received during sine die adjournment and laid
down on opening day of a subsequent session for disposition by the
House (for instance, by postponing consideration of the veto
message⁽¹¹⁾ or referring it to committee).⁽¹²⁾
Committee reports have been filed and printed on a pro forma day to
begin a second session of Congress.⁽¹³⁾ A report filed by a
commission after sine die adjournment of one Congress was printed as a
report of the new Congress on opening day of that subsequent
Congress.⁽¹⁴⁾
---------------------------------------------------------------------------
9. Parliamentarian's Note: The Congressional Record for the first day
of the new Congress will typically carry a separate heading to
indicate business of the prior Congress occurring after sine
die adjournment. See Precedents (Wickham) Ch. 5.
10. See Deschler's Precedents Ch. 1 Sec. 11.3.
11. See Sec. 7.8, supra.
12. See Sec. 8.5, infra.
13. See Sec. 8.6, infra.
14. See Sec. 8.7, infra.
---------------------------------------------------------------------------

Given the numerous organizational steps required to be completed on
opening day of a new Congress, it is rare for the House to take up
regular legislative business on opening day.⁽¹⁵⁾ However,
nothing precludes the consideration of bills and resolutions on opening
day, and there have been instances where the House has considered
legislation during assembly⁽¹⁶⁾_even before the adoption of
rules.⁽¹⁷⁾ However, it is not possible to refer measures to
committees prior to the adoption of rules that establish those
committees.⁽¹⁸⁾ It is common on opening day (following the
adoption of rules) for Members to introduce numerous bills and
resolutions to be taken up at some point during that Congress. The
Speaker has traditionally made an announcement that, due to the large
volume of measures introduced on opening day, referral of such measures
to committees of the House may be delayed until each bill and
resolution has had a chance to be properly examined, although such
delay has not occurred in more recent Congresses.⁽¹⁹⁾
---------------------------------------------------------------------------
15. For an earlier Senate custom of not considering legislation prior
to the President's annual address on the state of the Union,
see Deschler's Precedents Ch. 1 Sec. Sec. 11.4, 11.5, and
12.10.
16. See Sec. 8.8, infra. For action on measures during organization
generally, see Deschler's Precedents Ch. 1 Sec. 12.
17. See Deschler's Precedents Ch. 1 Sec. Sec. 12.3-12.9.
18. See Deschler's Precedents Ch. 1 Sec. 12.2.
19. See Deschler's Precedents Ch. 1 Sec. 12.1. The Speaker has
customarily reiterated a policy regarding the referral of bills
and resolutions on opening day originally made on January 3,
1983. For the original statement, see 129 Cong. Rec. 54, 98th
Cong. 1st Sess. (Jan. 3, 1983). For a recent reiteration of the
policy, see 163 Cong. Rec. H34 [Daily Ed.], 115th Cong. 1st
Sess. (Jan. 3, 2017).
---------------------------------------------------------------------------

Continuation of Investigative or Other Authorities

Sec. 8.1 The House suspended the rules and considered a resolution
authorizing the Committee on the Judiciary to continue an
investigation commenced in the prior Congress regarding possible
impeachment of a Federal judge and conferring on such committee
special investigative authorities.

On January 13, 2009,⁽²⁰⁾ a resolution was adopted by
suspension of the rules as follows:
---------------------------------------------------------------------------
20. 155 Cong. Rec. 568, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

IMPEACHMENT INQUIRY OF JUDGE G. THOMAS PORTEOUS

Ms. [Doris] MATSUI [of California]. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 15)
authorizing and directing the Committee on the Judiciary to inquire
whether the House should impeach G. Thomas Porteous, a judge of the
United States District Court for the Eastern District of Louisiana,
as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 15

Resolved, That in continuance of the authority conferred in House
Resolution 1448 of the One Hundred Tenth Congress adopted by the House of
Representatives on September 17, 2008, the Committee on the Judiciary shall
inquire whether the House should impeach G. Thomas Porteous, a judge of the
United States District Court for the Eastern District of Louisiana.

Sec. 2. The Committee on the Judiciary or any subcommittee or task force
designated by the Committee may, in connection with the inquiry under this
resolution, take affidavits and depositions by a member, counsel, or
consultant of the Committee, pursuant to notice or subpoena.

Sec. 3. There shall be paid out of the applicable accounts of the House
of Representatives such sums as may be necessary to assist the Committee in
conducting the inquiry under this resolution until a primary expense
resolution providing for the expenses of the Committee on the Judiciary for
the first session of the One Hundred Eleventh Congress is adopted. Any of
the amounts paid under the authority of this section may be used for the
procurement of staff or consultant services.

Sec. 4. (a) For the purpose of the inquiry under this resolution, the
Committee on the Judiciary is authorized to require by subpoena or
otherwise--

(1) the attendance and testimony of any person (including at a taking of
a deposition by counsel or consultant of the Committee); and

(2) the production of such things;

as it deems necessary to such inquiry.

(b) The Chairman of the Committee on the Judiciary, after consultation
with the ranking minority member, may exercise the authority of the
Committee under subsection (a).

(c) The Committee on the Judiciary may adopt a rule regulating the taking
of depositions by a member, counsel, or consultant of the Committee,
including pursuant to subpoena.

Sec. 8.2 The House, by privileged resolution offered by the chair of
the Committee on the Judiciary, provided for the continuation of
certain impeachment authorities initiated in the prior Congress.

On January 6, 1999,⁽²¹⁾ a resolution continuing certain
impeachment authorities was raised as a question of the privileges of
the House as follows:
---------------------------------------------------------------------------
21. 145 Cong. Rec. 240, 245, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CERTAIN APPOINTMENTS AND PROCEDURES RELATING TO
IMPEACHMENT PROCEEDINGS

Mr. [Henry] HYDE [of Illinois]. Mr. Speaker, pursuant to clause
2(a)1 of rule IX, I hereby give notice of my intention to offer a
resolution which raises a question of the privileges of the House.
The form of the resolution is as follows:

H. Res. --

Resolved, That in continuance of the authority conferred in House
Resolution 614 of the One Hundred Fifth Congress adopted by the House of
Representatives and delivered to the Senate on December 19, 1998, Mr. Hyde
of Illinois, Mr. Sensenbrenner of Wisconsin, Mr. McCollum of Florida, Mr.
Gekas of Pennsylvania, Mr. Canady of Florida, Mr. Buyer of Indiana, Mr.
Bryant of Tennessee, Mr. Chabot of Ohio, Mr. Barr of Georgia, Mr.
Hutchinson of Arkansas, Mr. Cannon of Utah, Mr. Rogan of California, and
Mr. Graham of South Carolina are appointed managers to conduct the
impeachment trial against William Jefferson Clinton, President of the
United States, that a message be sent to the Senate to inform the Senate of
these appointments, and that the managers so appointed may, in connection
with the preparation and the conduct of the trial, exhibit the articles of
impeachment to the Senate and take all other actions necessary, which may
include the following:

(1) Employing legal, clerical, and other necessary assistants and
incurring such other expenses as may be necessary, to be paid from amounts
available to the Committee on the Judiciary under applicable expense
resolutions or from the applicable accounts of the House of
Representatives.

(2) Sending for persons and papers, and filing with the Secretary of the
Senate, on the part of the House of Representatives, any pleadings, in
conjunction with or subsequent to, the exhibition of the articles of
impeachment that the managers consider necessary.

The SPEAKER pro tempore.⁽²²⁾ The Chair recognizes
the gentleman from Illinois (Mr. Hyde) to call up the resolution.
---------------------------------------------------------------------------
22. Ray H. LaHood (IL).
---------------------------------------------------------------------------

The Clerk will report the resolution at this time under rule
IX.
The Clerk read as follows:

H. Res. 10

The SPEAKER pro tempore (Mr. LaHood). The resolution offered by
the chairman of the Committee on the Judiciary constitutes a
question of the privileges of the House.
Pursuant to clause 2(a)(2) of rule XI, the gentleman from
Illinois (Mr. Hyde) and the gentleman from Virginia (Mr. Scott)
each will control 30 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).

general leave

Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the resolution before us is a simple,
straightforward housekeeping resolution which the House customarily
adopts after adopting articles of the impeachment. Because this
resolution is incidental to impeachment, the precedents of the
House dictate that it is a question of privilege under rule IX.
On December 19, 1998, the House approved House Resolution 614,
which appointed managers whose duty it was to exhibit the articles
of impeachment in the Senate. On that day, the managers informed
the Senate of the House's action. Because the House, unlike the
Senate, is not a continuing body, it must again appoint managers in
the 106th Congress. This is not a new concept, notwithstanding some
protestations from one law professor. This procedure has been used
on three previous occasions regarding the impeachments of Judges
Pickering, Louderback, and Hastings.
Section 620 of Jefferson's Manual states, and I quote, ``An
impeachment is not discontinued by the dissolution of parliament,
but may be resumed by the new parliament.''
The commentary on this section is instructive, and is as
follows:

In Congress impeachment proceedings are not discontinued by a recess; and
the Pickering impeachment was presented in the Senate on the last day of
the Seventh Congress; and at the beginning of the eighth Congress the
proceedings went on from that point. The resolution and articles of
impeachment against Judge Louderback were presented in the Senate on the
last day of the 72d Congress, and the Senate organized for and conducted
the trial in the 73d Congress. The resolution and articles of impeachment
against Judge Hastings were presented in the Senate during the second
session of the 100th Congress but were still pending trial by the Senate in
the 101st Congress, for which the House reappointed managers.

This resolution is procedural in nature. It merely appoints 13
managers who will present the case in the Senate. It also directs
that a message be sent to the Senate to inform the other body of
these appointments, and authorizes the managers to exhibit the
articles of impeachment to the Senate.
Because this resolution is procedural, it should be
noncontroversial. It is imperative that the House take this action
today so that the constitutional process may move forward. If the
House were to postpone this vote, the trial could not proceed in
the Senate. It is my intention to move this process as
expeditiously and as fairly as possible, and the House's approval
of this resolution today will help ensure that the Senate can
fulfill its constitutional duty as quickly as possible.
Mr. Speaker, I urge the adoption of the pending question, and I
reserve the balance of my time. . . .
The SPEAKER pro tempore. Without objection, the previous
question is ordered on the resolution.
There was no objection.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [John] CONYERS [of Michigan]. Mr. Speaker, on that I demand
the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
223, nays 198, not voting 7, as follows:

[Roll No. 6] . . .

So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider is laid on the table.

Similarly, on January 3, 1989,⁽²³⁾ three resolutions
relating to an impeachment inquiry were considered en bloc as follows:
---------------------------------------------------------------------------
23. 135 Cong. Rec. 84, 85, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CERTAIN APPOINTMENTS AND PROCEDURES RELATING TO
IMPEACHMENT PROCEEDINGS

Mr. [Jack Bascom] BROOKS [of Texas]. Mr. Speaker, I offer three
privileged resolutions (H. Res. 12, H. Res. 13, and H. Res. 14),
and I ask unanimous consent that they be considered en bloc.
The SPEAKER pro tempore.⁽²⁴⁾ Without objection, the
resolutions will be considered en bloc. . . .
---------------------------------------------------------------------------
24. Dale Kildee (MI).
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [George William] GEKAS [of Pennsylvania]. Mr. Speaker, as I
understood it, these resolutions being privileged carry
automatically within them debate time, and that time will be
granted, is that correct?
The SPEAKER pro tempore. The gentleman from Texas [Mr. Brooks]
will be recognized for 1 hour and he may yield to the gentleman
from Pennsylvania.
Without objection, the resolutions will be considered en bloc.
There was no objection.
The SPEAKER pro tempore. The Clerk will report the resolutions.
The Clerk read the resolutions, as follows:

H. Res. 12

Resolved, That Jack Brooks, John Conyers, Jr., Don Edwards, John Bryant,
Hamilton Fish, Jr., and George W. Gekas, Members of the House of
Representatives, are appointed managers to conduct the impeachment trial
against Alcee L. Hastings, judge of the United States District Court for
the Southern District of Florida.

H. Res. 13

Resolved, That the managers on the part of the House of Representatives
in the matter of the impeachment of Alcee L. Hastings, judge of the United
States District Court for the Southern District of Florida, are authorized
to do the following in the preparation and conduct of the impeachment
trail:

(1) To employ legal, clerical, and other necessary assistance and to
incur such expenses as may be necessary. Expenses under this paragraph
shall be paid out of the funds available to the Committee on the Judiciary
under clause 5(f) of rule XI of the Rules of the House of Representatives
on vouchers approved by the Chairman of the Committee on the Judiciary.

(2) To send for persons and papers, and to file with the Secretary of the
Senate, on the part of the House of Representatives, any subsequent
pleadings which they consider necessary.

(3) To take such other actions as are necessary to the preparation or
conduct of the trail.

H. Res. 14

Resolved, That a message be sent to the Senate to inform the Senate that
Jack Brooks, John Conyers, Jr., Don Edwards, John Bryant, Hamilton Fish,
Jr., and George W. Gekas, have been appointed managers for the trial of the
impeachment of Alcee L. Hastings, judge of the United States District Court
for the Southern District of Florida.

Mr. BROOKS (during the reading). Mr. Speaker, I ask unanimous
consent that the resolutions be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas.
There was no objection.
The SPEAKER pro tempore. The gentleman from Texas [Mr. Brooks]
is recognized for 1 hour. . . .
The SPEAKER pro tempore. The question is on the resolutions.
The resolutions were agreed to.
A motion to reconsider was laid on the table.

Sec. 8.3 As a separate order contained in the resolution adopting the
standing rules for the 111th Congress,⁽²⁵⁾ the House
authorized the continuation of certain investigative authorities
that had existed in the prior Congress, including authorizing the
Committee on the Judiciary (as well as the office of General
Counsel) to resume civil contempt proceedings against certain
individuals.
---------------------------------------------------------------------------
25. Parliamentarian's Note: In the 115th Congress, the House enabled
continuing litigation authority in the standing rules, allowing
a committee or chair of committee authorized during a prior
Congress to act in a litigation matter to act as a succesor in
interest with respect to such litigation matter and to take
steps to ensure continuation of the litigation matter. See rule
II, clause 8(c), House Rules and Manual Sec. 670b (2017).
---------------------------------------------------------------------------

On January 6, 2009,⁽²⁶⁾ the following continuing
authorities were adopted as part of the resolution establishing the
standing rules for the 111th Congress:
---------------------------------------------------------------------------
26. 155 Cong. Rec. 10, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

(f) Continuing Authorities for the Committee on the Judiciary and the
Office of General Counsel.--

(1) The House authorizes--

(A) the Committee on the Judiciary of the 111th Congress to act as the
successor in interest to the Committee on the Judiciary of the 110th
Congress with respect to the civil action Committee on the Judiciary v.
Harriet Meirs et al., filed by the Committee on the Judiciary in the 110th
Congress pursuant to House Resolution 980; and

(B) the chair of the Committee on the Judiciary (when elected), on behalf
of the Committee on the Judiciary, and the Office of General Counsel to
take such steps as may be appropriate to ensure continuation of such civil
action, including amending the complaint as circumstances may warrant.

(2)(A) The House authorizes--

(i) the Committee on the Judiciary to take depositions by a member or
counsel of the committee related to the investigation into the firing of
certain United States Attorneys and related matters; and

(ii) the chair of the Committee on the Judiciary (when elected), on
behalf of the Committee on the Judiciary, to issue subpoenas related to the
investigation into the firing of certain United States Attorneys and
related matters including for the purpose of taking depositions by a member
or counsel of the committee.

(B) Depositions taken under the authority prescribed in this paragraph
shall be governed by the procedures submitted for printing in the
Congressional Record by the chair of the Committee on Rules (when elected)
or by such other procedures as the Committee on the Judiciary shall
prescribe.

(3) The House authorizes the chair of the Committee on the Judiciary
(when elected), on behalf of the Committee on the Judiciary, and the Office
of General Counsel to petition to join as a party to the civil action
referenced in paragraph (1) any individual subpoenaed by the Committee on
the Judiciary of the 110th Congress as part of its investigation into the
firing of certain United States Attorneys and related matters who failed to
comply with such subpoena or, at the authorization of the Speaker after
consultation with the Bipartisan Legal Advisory Group, to initiate judicial
proceedings concerning the enforcement of subpoenas issued to such
individuals.

Sec. 8.4 By unanimous consent, the House considered a resolution
authorizing the Committee on Standards of Official Conduct (now the
Committee on Ethics) to continue an investigation authorized by the
House in the preceding Congress.

On January 3, 1983,⁽²⁷⁾ a resolution continuing an
investigation regarding alleged sexual misconduct and illegal drug
distribution by House Members and employees was considered as follows:
---------------------------------------------------------------------------
27. 129 Cong. Rec. 52, 98th Cong. 1st Sess.
---------------------------------------------------------------------------

AUTHORIZING CONTINUATION OF INVESTIGATION BY COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT

Mr. [James] WRIGHT [of Texas]. Mr. Speaker, I offer a
resolution (H. Res. 12) authorizing continuation of an
investigation by the Committee on Standards of Official Conduct,
and ask unanimous consent for its immediate consideration.
The SPEAKER pro tempore.⁽²⁸⁾ Is there objection to
the request of the gentleman from Texas?
---------------------------------------------------------------------------
28. William Natcher (KY).
---------------------------------------------------------------------------

There was no objection.
The Clerk read the resolution, as follows:

H. RES. 12

Resolved, That the Committee on Standards of Official Conduct shall
continue the inquiry and investigation and related activities authorized by
House Resolution 518, Ninety-seventh Congress, agreed to July 13, 1982, in
the manner prescribed in such resolution.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Messages and Reports Between Sessions

Sec. 8.5 During assembly of a second session of Congress, the Chair
laid before the House two veto messages from the President received
during sine die adjournment, which were referred to committee.

On January 21, 1986,⁽²⁹⁾ the following occurred:
---------------------------------------------------------------------------
29. 132 Cong. Rec. 2-3, 4, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

ESTABLISHING THE EASTERN SHORE OF VIRGINIA NATIONAL WILDLIFE
REFUGE AND THE NATIONAL FISH AND WILDLIFE SERVICE TRAINING
CENTER AT CAPE CHARLES VETO MESSAGE FROM THE PRESIDENT OF THE
UNITED STATES (H. DOC. NO. 99-146)

The SPEAKER laid before the House the following veto message
from the President of the United States:

To the House of Representatives:

Since the adjournment of the Congress has prevented my return
of H.R. 1404 within the meaning of Article I, section 7, clause 2
of the Constitution, my withholding of approval from the bill
precludes its becoming law. Notwithstanding what I believe to be my
constitutional power regarding the use of the ``pocket veto''
during an adjournment of Congress, however, I am sending H.R. 1404
to the House of Representatives with my objections, consistent with
the Court of Appeals decision in Barnes v. Kline, 759 F.2d 21 (D.C.
Cir. 1985), cert. pending sub nom. Burke v. Barnes, No. 85-781. . .
.
Unfortunately, H.R. 1404 does not simply provide protection for
this valuable habitat. It would also require the Secretary of the
Interior to develop a training center at the refuge for use by the
Service, other Federal and State agencies, educational
institutions, and private organizations and Individuals,
In this time of fiscal constraint, the Federal Government must
limit its expenditures to matters of significant national concern.
The provisions of H.R. 1404 requiring establishment of a training
facility do not meet this test, The Service has fully adequate
training facilities already in place, including a facility at
Leetown, West Virginia, as well as the use of various private
sector facilities. In addition, the Service is actively supporting
the effort to clean up the Chesapeake Bay by designating an
existing Service field station in Annapolis, Maryland, as its
primary center for work on this important program. I believe that
it would be more appropriate for State or private entities to fund
and develop a training center if they consider it essential.
For these reasons, I must return H.R. 1404 without my approval.
Ronald Reagan.
The White House, January 14, 1986.

The SPEAKER.⁽³⁰⁾ The objections of the President
will be spread at large upon the Journal, and the message and bill
will be printed as a House document.
---------------------------------------------------------------------------
30. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. [Walter] JONES of North Carolina. Mr. Speaker, I ask
unanimous consent that the veto message of the President, together
with the accompanying bill, H.R. 1404, be referred to the Committee
on Merchant Marine and Fisheries.
The SPEAKER. Is there objection to the request of the gentleman
from North Carolina? There was no
objection. -------------------

FEDERAL EMPLOYEES BENEFITS IMPROVEMENT ACT OF 1985_VETO MESSAGE
FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 99-145)

The SPEAKER laid before the House the following veto message
from the President of the United States:

To the House of Representatives:

Since the adjournment of the Congress has prevented my return
of H.R. 3384 within the meaning of Article I, section 7, clause 2
of the Constitution, my withholding of approval from the bill
precludes its becoming law. Notwithstanding what I believe to be my
constitutional power regarding the use of the ``pocket veto''
during an adjournment of Congress, however, I am sending H.R. 3384
to the House of Representatives with my objections, consistent with
the Court of Appeals decision in Barnes v. Kline, 759 F.2d 21 (D.C.
Cir. 1985), cert. pending sub nom. Burke v. Barnes, No. 85-781. . .
.
In the meantime, I urge the Congress to act as soon as possible
to enact acceptable legislation that will permit Federal annuitants
to receive rebates of health insurance premiums without undue
further delay.
Ronald Reagan.
The White House, January 17, 1986.

The SPEAKER. The objections of the President will be spread at
large upon the Journal, and the message and bill will be printed as
a House document.
Ms. [Mary Rose] OAKAR [of Ohio]. Mr. Speaker, I ask unanimous
consent that further consideration of the veto message of the
President on the bill, H.R. 3384, be postponed until February 20,
1986.
The SPEAKER. Is there objection to tile request of the
gentlewoman from Ohio?
Mr. [Robert] WALKER [of Pennsylvania]. Reserving the right to
object, Mr. Speaker, it seems to me that the normal procedure for a
message of this type would be to vote on the bill today. The
President, I think, has made very clear that this is a matter which
involves a good deal of additional Federal spending that he does
not think we can afford at the present time. He has indicated that
the cost may be as much as a billion dollars additional to the
taxpayers in personnel costs. . . .
Reserving the right to object, if the gentlewoman wants to
assign responsibilities, if we move forward with her motion, I will
assign the responsibility to her in the same vein that she has just
cost the taxpayers an extra billion dollars.
Mr. Speaker, I object.
The SPEAKER. Objection is heard.
Ms. OAKAR. Mr. Speaker, I move that further consideration of
the veto message on the bill, H.R. 3384, be postponed until
February 20, 1986.
The SPEAKER. Will the gentlewoman withhold for a moment. The
Chair would advise the gentlewoman to refer to committee. It is my
understanding there was an agreement on both sides, but there is an
objection. Why does the gentlewoman not go to committee and
possibly report it out of the committee rather than taking an hour
of debate and a further rollcall?
Ms, OAKAR. Mr. Speaker, if I might respond to the Speaker, we
were trying to deal very expeditiously with the situation.
The SPEAKER. The gentlewoman may report it out of committee and
bring it up on the date that you had agreed upon.
Ms. OAKAR. Mr. Speaker, I agree with that from the standpoint
of the House, but we do not have the same kind of assurances from
the other body's standpoint, and if we thought in conjunction with
our colleagues in the other body we could just get a quick
postponement, we could deal expeditiously with this difficulty.
The SPEAKER. In view of the fact that this is the first day
back, and under the announced schedule there are no rollcalls
anticipated, and there are over 100 Members out, the Chair would
ask the gentlewoman to take the suggested course of action.
Ms. OAKAR. I agree, Mr. Speaker.
Mr. Speaker, I move that the veto message on the bill, H.R.
3384, be referred to the Committee on Post Office and Civil
Service.
The SPEAKER. The question is on the motion offered by the
gentlewoman from Ohio [Ms. Oakar].
The motion was agreed to.

Sec. 8.6 During a pro forma session at the commencement of a second
session of Congress, a standing committee of the House filed a
legislative report which was printed but not referred to the
appropriate Calendar of the House until the House resumed
legislative activity.⁽³¹⁾
---------------------------------------------------------------------------
31. Parliamentarian's Note: Pursuant to House Concurrent Resolution
232, no organizational or legislative business was authorized
until January 22, 1980. 125 Cong. Rec. 37317, 96th Cong. 1st
Sess. (Dec. 20, 1979).
---------------------------------------------------------------------------

On January 17, 1980,⁽³²⁾ the Congressional Record noted
the filing and printing (but not referral) of a committee report:
---------------------------------------------------------------------------
32. 126 Cong. Rec. 50, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, reports of committees were
delivered to the Clerk for printing and reference to the proper
calendar, as follows:

Mr. ULLMAN: Committee on Ways and Means. House Concurrent
Resolution 204. Resolution approving the extension of
nondiscriminatory treatment to the products of the People's
Republic of China. (Rept. No. 96-733). And ordered to be printed.

Sec. 8.7 The Speaker laid before the House communications from the
chair of the Commission on Administrative Review transmitted
following adjournment sine die of the prior Congress, which were
ordered printed as House documents of the new Congress.

On January 4, 1977,⁽³³⁾ the following communication was
laid before the House:
---------------------------------------------------------------------------
33. 123 Cong. Rec. 77, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CHAIRMAN OF THE COMMISSION ON
ADMINISTRATIVE REVIEW

The SPEAKER pro tempore (Mr. [George] Danielson [of
California]) laid before the House the following communication from
the Chairman of the Commission on Administrative Review, which was
read and, without objection, ordered printed:
Washington, D.C.,
December 20, 1976.
The Speaker,
U.S. House of Representatives,
Washington, D.C.

Dear Sir: The Commission on Administrative Review, established
by the House Resolution 1368 and incorporated into law by P.L. 94-
440, was directed to study administrative operations and services
of the House of Representatives. The Commission was requested by
the Speaker to review and make recommendations to the House of
Representatives regarding House scheduling.
Pursuant to this request the Commission on Administrative
Review transmits herewith its initial report on scheduling with
recommendations. This report is also intended to serve as the semi-
annual report of the Commission mandated in the aforementioned
resolution.
The Commission, in pursuing its responsibilities under H. Res.
1368, will continue to study and make recommendations in the
following areas:
1. Scheduling of the House. Enclosed is a report and
recommendations. Further scheduling changes will be considered
later in the Commission study.
2. Financial Management and Accountability. This area is now
being studied and the Commission plans to make recommendations to
the House early in 1977.
3. Overall Organization of Administrative Units and Resource
Management. The Commission is studying the organizational structure
of administrative units as well as the resources available to the
House.
4. Work Management. The Commission plans to look at the
management of work in Member and committee offices and make
recommendations to the House.

Sincerely,
Dave R. Obey,
Chairman.

Consideration of Legislation

Sec. 8.8 On opening day of the 104th Congress, following the adoption
of the standing rules, the House considered a legislative measure
pursuant to an order of the House contained in the resolution
adopting the rules.

On January 4, 1995,⁽³⁴⁾ a legislative measure was
considered on opening day of the 104th Congress, as follows:
---------------------------------------------------------------------------
34. 141 Cong. Rec. 530, 534, 544, 545, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

CONGRESSIONAL ACCOUNTABILITY ACT OF 1995

Mr. [Christopher] SHAYS [of Connecticut]. Mr. Speaker, as the
designee of the majority leader and pursuant to section 108 of
House Resolution 6,⁽³⁵⁾ I call up the bill (H.R. 1) to
make certain laws applicable to the legislative branch of the
Federal Government, and ask for its immediate consideration.
---------------------------------------------------------------------------
35. Parliamentarian's Note: House Resolution 6, the resolution adopting
the standing rules for the 104th Congress, was adopted earlier
on January 4, 1995. Section 108 of such resolution read: ``The
Rules of the House of Representatives of the One Hundred Third
Congress, including applicable provisions of law or concurrent
resolution that constituted rules of the House at the end of
the One Hundred Third Congress, together with such amendments
thereto in this resolution as may otherwise have been adopted,
are adopted as the Rules of the House of Representatives of the
One Hundred Fourth Congress, with the following amendment:
Consideration of the ``Congressional Accountability Act'' It
shall be in order at any time after the adoption of this
resolution to consider in the House, any rule of the House to
the contrary notwithstanding, the bill (H.R. 1) to make certain
laws applicable to the legislative branch of the Federal
Government, if offered by the majority leader or a designee.
The bill shall be debatable for not to exceed one hour, to be
equally divided and controlled by the majority leader and the
minority leader or their designees. The previous question shall
be considered as ordered on the bill to final passage without
intervening motion except one motion to recommit.''
---------------------------------------------------------------------------

The Clerk read the title of the bill.
The text of H.R. 1 is as follows:

H.R. 1

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Congressional Accountability Act of
1995''. . .

The SPEAKER pro tempore (Mr. [William] Thomas [of California]).
Pursuant to the provisions of section 108 and title I of House
Resolution 6, it is now in order to consider H.R. 1, the
Congressional Accountability Act. . . .
The SPEAKER pro tempore (Mr. [Vernon] Ehlers [of Michigan]).
Pursuant to section 108 of House Resolution 6, the previous
question is ordered.
The question is on the engrossment and third reading of the
bill.
The bill was ordered to be engrossed and read a third time and
was read the third time.
The SPEAKER pro tempore. The question is on the passage of the
bill.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Christopher H.] SHAYS [of Connecticut]. Mr. Speaker, on
that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
429, nays 0, not voting 5, as follows:

[Roll No. 15] . . .

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

C. Other Assembly and Convening Issues

Sec. 9. Hour of Meeting

Congress makes a distinction between regular calendar days and
legislative days. Legislative days do not necessarily correspond to
calendar days. A legislative day begins when the House convenes at the
previously-determined time and the Chair calls the House to order. The
legislative day ends when the House adjourns (most often by motion from
the floor).⁽¹⁾ Such adjournment may take place on a
different calendar day_for example, if the House were to adjourn after
midnight on the day it convenes.⁽²⁾ Thus, a single
legislative day may span two or more calendar days. A mere recess of
the House does not end the legislative day,⁽³⁾ and the House
has used recess authority to continue a single legislative day across a
number of calendar days.⁽⁴⁾
---------------------------------------------------------------------------
1. For adjournment generally, see Deschler's Precedents Ch. 40 and
Precedents (Wickham) Ch. 40.
2. See Deschler's Precedents Ch. 1 Sec. 3.1.
3. For recesses generally, see Deschler's Precedents Ch. 39 and
Precedents (Wickham) Ch. 39.
4. See Deschler's Precedents Ch. 39 Sec. 2.21.
---------------------------------------------------------------------------

When the House adjourns, it most often adjourns to meet on the next
calendar day.⁽⁵⁾ However, there have been instances where
the House adjourned to meet on the same calendar day_perhaps just a few
hours after the adjournment (often in the context of an order of the
House to change the convening time of the next legislative day). This
effectively creates two legislative days within a single calendar
day.⁽⁶⁾ The House has employed this method of convening
usually to satisfy layover periods for the consideration of certain
matters.
---------------------------------------------------------------------------
5. Parliamentarian's Note: Of course, any time the House adjourns
after midnight to meet at the regularly scheduled time later
that morning, it is technically adjourning from one calendar
day to meet on the same calendar day. But this does not create
two legislative days within one calendar day because each
meeting would begin on a different calendar day.
6. See Sec. 9.1, infra.
---------------------------------------------------------------------------

By long custom, Sundays are considered ``dies non'' and not treated
as regular calendar days for purposes of convening or adjournment. For
example, Sundays are not counted when evaluating the constitutional
requirement that neither House may adjourn for more than three days
without the consent of the other House (allowing, for instance, an
adjournment from Friday to Tuesday).⁽⁷⁾ If the House were in
session on a Saturday, and a motion to adjourn agreed to, the House
would next meet on Monday (assuming no other adjournment authorities
were applicable).⁽⁸⁾ To conduct a session of the House on a
Sunday, the House would need to formally authorize that Sunday meeting
(by unanimous consent,⁽⁹⁾ simple resolution, or privileged
motion under clause 4 of rule XVI).⁽¹⁰⁾ It is not common for
the House to meet on a Saturday, but if a motion to adjourn over a
weekend (for example, from Friday to Monday) is rejected, the adoption
of a simple motion to adjourn on a Friday would cause the House to meet
for a Saturday session.⁽¹¹⁾ Legal public holidays, as
defined in law,⁽¹²⁾ are regular meeting days for Congress
unless Congress provides otherwise.⁽¹³⁾
---------------------------------------------------------------------------
7. See 5 Hinds' Precedents Sec. Sec. 6673, 6674. Further, the
Constitution provides that Sundays do not count for veto
purposes. See U.S. Const. art. I, Sec. 7; House Rules and
Manual Sec. 111 (2017).
8. See, e.g., 109 Cong. Rec. 24634, 87th Cong. 1st Sess. (Dec. 14,
1963).
9. See, e.g., 156 Cong. Rec. 4025, 111th Cong. 2d Sess. (Mar. 20,
2010).
10. House Rules and Manual Sec. 913 (2017).
11. See Sec. 9.5, infra.
12. 5 U.S.C. Sec. 6103.
13. Deschler's Precedents Ch. 1 Sec. 3.6.
---------------------------------------------------------------------------

On opening day of a new session of Congress, the House will adopt a
resolution setting the daily hour of meeting.⁽¹⁴⁾ This
resolution specifies the default times at which the House will meet on
each calendar day. The House may change this schedule at any point,
either altering the default convening times by agreeing to a new
resolution (or amending the existing resolution)⁽¹⁵⁾ or
changing the next day's convening time on an ad hoc basis (most often
by unanimous consent⁽¹⁶⁾ or privileged
motion).⁽¹⁷⁾ A change to the next day's convening time may
be vacated by unanimous consent.⁽¹⁸⁾ The Committee of the
Whole does not entertain requests to change the time for the next day's
convening.⁽¹⁹⁾ The resolution setting the daily hour of
meeting is applicable to one session of Congress only, and a new
resolution is required for each session.⁽²⁰⁾ When the House
is recalled from an adjournment, absent other applicable adjournment
authorities that may have been provided, the House would meet at the
time established in the order providing for the daily hour of
meeting.⁽²¹⁾
---------------------------------------------------------------------------
14. See Sec. 9.2, infra. See also Deschler's Precedents Ch. 1
Sec. 3.10.
15. See Sec. 9.3, infra.
16. See Sec. 9.6, infra. See also Deschler's Precedents Ch. 1
Sec. Sec. 3.3, 3.12.
17. See Sec. 9.7, infra. See also Deschler's Precedents Ch. 1
Sec. 3.11.
18. Deschler's Precedents Ch. 1 Sec. 3.13.
19. Deschler's Precedents Ch. 1 Sec. 3.14.
20. See Sec. 9.2, infra. See also Deschler's Precedents Ch. 1 Sec. 3.
21. See Sec. 9.4, infra.
---------------------------------------------------------------------------

Beginning in the 103d Congress, the House has provided for so-
called ``morning-hour debate,'' in which the House would convene
earlier than the regular convening time in order to allow Members to
engage in non-legislative debate (similar to special-order speeches
permitted after legislative business has been completed for the
day).⁽²²⁾ On days when morning-hour debate is authorized,
the House convenes at the prescribed earlier convening time, and the
Chair recognizes Members who wish to deliver speeches at that time.
Morning-hour debate continues until ten minutes before the time of
regular convening (or sooner if no further Members wish to be
recognized), and the Chair declares a recess until the resumption of
regular legislative business.
---------------------------------------------------------------------------
22. For more on non-legislative debate, see Deschler's Precedents Ch.
29 Sec. 73 and Precedents (Wickham) Ch. 29.
---------------------------------------------------------------------------

When the time of convening is changed by unanimous consent, the
provisions of the House order establishing morning-hour debate cease to
apply. If the unanimous-consent request to alter the convening time
does not specify a convening time for morning-hour
debate,⁽²³⁾ or explicitly states that the order for morning-
hour debate shall not apply,⁽²⁴⁾ then the House will simply
convene for regular legislative business at the time designated in the
request. The request may, however, specify that morning-hour debate
will take place_either at the time established by the original morning-
hour order, or a different time.⁽²⁵⁾
---------------------------------------------------------------------------
23. 158 Cong. Rec. 15526, 15527, 112th Cong. 2d Sess. (Nov. 27, 2012).
24. 159 Cong. Rec. H1316 [Daily Ed.], 113th Cong. 1st Sess. (Mar. 6,
2013).
25. 158 Cong. Rec. 5425, 112th Cong. 2d Sess. (Apr. 24, 2012).
---------------------------------------------------------------------------

Two Legislative Days in One Calendar Day

Sec. 9.1 A motion under clause 4 of rule XVI⁽²⁶⁾ that when
the House adjourns it stand adjourned to a day and time certain may
provide that when the House adjourn it stand adjourned to a time
certain later on the same calendar day, in which case the House
will conduct two legislative days on a single calendar day.
---------------------------------------------------------------------------
26. House Rules and Manual Sec. 911 (2017).
---------------------------------------------------------------------------

On October 29, 1987,⁽²⁷⁾ the House convened for two
legislative days on one calendar day as follows:
---------------------------------------------------------------------------
27. 133 Cong. Rec. 29933, 29935, 100th Cong. 1st Sess. See Deschler's
Precedents Ch. 40 Sec. 9.3.
---------------------------------------------------------------------------

MOTION TO ADJOURN UNTIL 3:15 P.M. TODAY

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I move,
pursuant to clause 4 of rule XVI, that when the House adjourns
today it adjourn to meet at 3:15 p.m. today.
The SPEAKER pro tempore (Mr. [Harold Lee] Volkmer [of
Missouri]). The question is on the motion offered by the gentleman
from Washington [Mr. Foley].
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Chester Trent] LOTT [of Mississippi]. Mr. Speaker, I
object to the vote on the ground that a quorum is not present and
make the point of order that a quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
243, nays 166, not voting 25, as follows:

[Roll No. 386] . .
. -------------------

ADJOURNMENT

Mr. FOLEY. Mr. Speaker, I move that the House do now adjourn.
The SPEAKER pro tempore (Mr. Volkmer). The question is on the
motion offered by the gentleman from Washington [Mr. Foley].
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Robert Smith] WALKER [of Pennsylvania]. Mr. Speaker, on
that, I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device and there were--yeas
236, nays 171, not voting 27, as follows:

[Roll No. 387] . . .

So the motion was agreed to.
The result of the vote was announced as above recorded.
Accordingly (at 3 o'clock and 15 minutes p.m.), under its
previous order, the House adjourned until today, Thursday, October
29, 1987, at 3:15 p.m. . .
. -------------------

SECOND LEGISLATIVE DAY

The House met at 3:15 p.m.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
Remind us each day, O God, that the greatest gift that any of
us might possess is the attitude of thanksgiving. From the rising
of the Sun until the going down of the same, at all the times of
life, may we treasure every moment to express praise and joy for
all the wonderful gifts of life-the gifts of freedom and renewal,
the gifts of family and friendships, and the gift of grace.
Amen. -------------------

THE JOURNAL

The SPEAKER.⁽²⁸⁾ The Chair has examined the Journal
of the last day's proceedings and announces to the House his
approval thereof.
---------------------------------------------------------------------------
28. James Wright (TX).
---------------------------------------------------------------------------

Pursuant to clause 1, rule I, the Journal stands approved.
Mr. [Philip Miller] CRANE [of Illinois]. Mr. Speaker, pursuant
to clause 1, rule I, I demand a vote on agreeing to the Speaker's
approval of the Journal.
The SPEAKER. The question is on the Chair's approval of the
Journal.
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. CRANE. Mr. Speaker, on that I demand the yeas and nays.

parliamentary inquiry

Mr. [Robert Smith] WALKER [of Pennsylvania]. I have a
parliamentary inquiry, Mr. Speaker.
The SPEAKER. The Chair will take the parliamentary inquiry of
the gentleman.
Mr. WALKER. I thank the Chair.
We are about to cast a vote. Is the Journal available for
inspection by the Members?
The SPEAKER. The Journal is indeed available.
Mr. WALKER. I thank the Chair.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
245, nays 161, answered ``present'' 2, not voting 25, as follows:

[Roll No. 388] . . .

So the Journal was approved.
The result of the vote was announced as above
recorded. -------------------

Similarly, on November 17, 1981,⁽²⁹⁾ the House convened
for two legislative days on the same calendar day as follows:
---------------------------------------------------------------------------
29. 127 Cong. Rec. 27768, 27769-71, 97th Cong. 1st Sess. See also
Deschler's Precedents Ch. 40 Sec. 5.2.
---------------------------------------------------------------------------

(FIRST LEGISLATIVE DAY)

The House met at 12 o'clock noon and was called to order by the
Speaker pro tempore (Mr. Wright). . .
. -------------------

PRIVATE CALENDAR

The SPEAKER pro tempore (Mr. [John] Murtha [of Pennsylvania]).
This is Private Calendar day. The Clerk will call the first
individual bill on the Private Calendar. . . .
. . . vessel of the United States so as to be entitled to
engage in the coastwise trade.''
A motion to reconsider was laid on the table.
Mr. [Edward] BOLAND [of Massachusetts]. Mr. Speaker, I ask
unanimous consent that further reading of the Private Calendar be
dispensed with.
Mr. [Robert Smith] WALKER [of Pennsylvania]. Mr. Speaker, I
object.
The SPEAKER pro tempore. Objection is heard.
Mr. BOLAND. Mr. Speaker I move further reading of the Private
Calendar be dispensed
with. -------------------

POINT OF ORDER

Mr. [Frank James] SENSENBRENNER [of Wisconsin]. Mr. Speaker, I
make a point of order against the motion.
The SPEAKER pro tempore. The gentleman will state his point of
order.
Mr. SENSENBRENNER. Mr. Speaker, clause 6 of rule XXIV, the
second paragraph says that--

On the third Tuesday of each month after the disposal of such business on
the Speaker's table as requires reference only, the Speaker may direct the
Clerk to call the bills and resolutions on the Private Calendar.

There is a precedent that the Private Calendar may be dispensed
with, but that was only before the first bill was called on the
Private Calendar.
I would state that since the first bill has been called on the
Private Calendar, in order to comply with clause 6 of rule XXIV,
the complete Private Calendar must be called unless dispensed with
by unanimous consent. The unanimous-consent request has been
objected to.
I believe that the point of order should be sustained and the
motion should be ruled out of order.
The SPEAKER pro tempore. The Chair will note that under clause
6, rule XXIV on the first Tuesday of each month, a two-thirds vote
is required to dispense with the call of Private Calendar, that
call being automatic. The Speaker's authority to direct the call is
discretionary on the third Tuesday, and so the rule is silent on
the motion to dispense with the call, and consistent with that
discretionary authority and absent any precedent to the contrary,
the point of order should be overruled.
Mr. SENSENBRENNER. Mr. Speaker, I appeal the decision of the
Chair.
Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker?
The SPEAKER pro tempore. The gentleman from Washington.
Mr. FOLEY. Mr. Speaker, I move that the motion to appeal the
Chair's decision be laid on the table.
The SPEAKER pro tempore. The question is on the motion to lay
the appeal from the Chair's decision on the table.
The question was taken; and on a division (demanded by Mr.
Sensenbrenner) there were--yeas 75, nays, 37.
Mr. SENSENBRENNER. Mr. Speaker, I object to the vote on the
grounds that a quorum is not present and make the point of order
that a quorum is not present.
Mr. FOLEY. Mr. Speaker, I have a privileged motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:

Mr. Foley moves that when the House adjourns today it adjourn to meet at
4 p.m. today.

Mr. WALKER. Mr. Speaker, I move to table the motion.
The SPEAKER pro tempore. Under the last sentence of clause 4,
rule XVI, that motion to adjourn is not debatable and therefore
cannot be laid on the table.
The question is on the motion.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nay were ordered.
The vote was taken by electronic device, and there were--yeas
191, nays 172, not voting 70, as follows:

[Roll No. 306] . . .

So the motion was agreed to.
The result of the vote was announced as above
recorded. -------------------

ADJOURNMENT

Mr. FOLEY. Mr. Speaker, I move that the House do now adjourn.
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from Washington (Mr. Foley).
The question was taken, and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. WALKER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
188, nays 172, not voting 73, as follows:

[Roll No. 307] . . .

So the motion was agreed to.
The result of the vote was announced as above recorded.
Accordingly (at 1 o'clock and 19 minutes p.m.) the House
adjourned until 4 o'clock p.m. . . .

(SECOND LEGISLATIVE DAY)

The House met at 4 p.m.
The Chaplain, Rev. James David Ford, D.D., offered the
following prayer:
The sum of Thy word is truth; and every one of Thy righteous
ordinances endures forever._Psalm 119: 160.
0 God, as we move on with the necessary details that press upon
us, we remember Your commandments and ordinances that speak the
truth to people in every generation. With all the pressures of
life, may we recognize our need to focus on the eternal verities
and the timeless truths that have been the heritage of a free
people. May all who seek to be truly human and desire to reflect
Your love, bind together in harmony and peace that justice may roll
down like waters and righteousness like an ever-flowing stream.
Amen.

Daily Hour of Meeting

Sec. 9.2 By privileged resolution, the House establishes as a standing
order the daily hours of meeting for a session of a Congress.

On January 3, 2013,⁽³⁰⁾ a privileged resolution
establishing the daily hour of meeting for the first session of the
113th Congress was considered as follows:
---------------------------------------------------------------------------
30. 159 Cong. Rec. H24 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

FIXING THE DAILY HOUR OF MEETING OF THE FIRST SESSION OF THE
113TH CONGRESS

Mr. [Pete] SESSIONS of Texas]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 9

The resolution was agreed to.
A motion to reconsider was laid on the table.

Similarly, on January 7, 2014,⁽³¹⁾ a privileged
resolution establishing the daily hour of meeting for the second
session of the 113th Congress was considered as follows:
---------------------------------------------------------------------------
31. 160 Cong. Rec. H5 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

PROVIDING FOR THE HOUR OF MEETING OF THE HOUSE

Mr. SESSIONS. Mr. Speaker, I send to the desk a privileged
resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 452

Resolved, That unless otherwise ordered, the hour of daily meeting of the
House shall be 2 p.m. on Mondays; noon on Tuesdays (or 2 p.m. if no
legislative business was conducted on the preceding Monday); noon on
Wednesdays and Thursdays; and 9 a.m. on all other days of the week.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

Sec. 9.3 The House adopted a special order of business resolution
reported by the Committee on Rules providing, inter alia, for an
amendment to the resolution establishing the daily hour of meeting
for a session of a Congress.

On February 12, 2009,⁽³²⁾ the following occurred:
---------------------------------------------------------------------------
32. 155 Cong. Rec. 3832, 3833, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

Mr. [Ed] PERLMUTTER [of Colorado]. Madam Speaker, by direction
of the Committee on Rules, I call up House Resolution 157 and ask
for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 157

Resolved, That it shall be in order at any time through the legislative
day of February 13, 2009, for the Speaker to entertain motions that the
House suspend the rules. The Speaker or her designee shall consult with the
Minority Leader or his designee on the designation of any matter for
consideration pursuant to this section.

Sec. 2. The matter after the resolved clause of House Resolution 10 is
amended to read as follows: ``That unless otherwise ordered, before Monday,
May 18, 2009, the hour of daily meeting of the House shall be 2 p.m. on
Mondays; noon on Tuesdays; 10 a.m. on Wednesday and Thursday, and 9 a.m. on
all other days of the week; and from Monday, May 18, 2009, until the end of
the first session, the hour of daily meeting of the House shall be noon on
Mondays; 10 a.m. on Tuesdays, Wednesdays, and Thursdays; and 9 a.m. on all
other days of the week.''.

Sec. 9.4 When the House reassembles from an adjournment as a
continuation of that session of the Congress, its standing order
for hours of meeting for that session remains
effective.⁽³³⁾
---------------------------------------------------------------------------
33. Parliamentarian's Note: The resolution establishing the daily hour
of meeting for the second session of the 105th Congress (House
Resolution 337) provided for convening times (after May 18,
1998) of noon on Mondays, 10:00 a.m. on Tuesdays, Wednesdays,
and Thursdays, and 9:00 a.m. on all other days. 144 Cong. Rec.
75, 105th Cong. 2d Sess. (Jan. 27, 1998). On December 14, 1998,
the Speaker sent a formal notification to Members to reassemble
on December 17, 1998, pursuant to the recall authority
contained in the resolution of adjournment (House Concurrent
Resolution 353). See 144 Cong. Rec. 27348, 105th Cong. 2d Sess.
(Oct. 20, 1998) and 144 Cong. Rec. 27770, 104th Cong. 1st Sess.
(Dec. 17, 1998). The provisions of House Resolution 337 were
thus still applicable when the House reassembled. So when the
House adjourned on December 17, 1998, to meet again on December
18, 1998, the default convening time set by House Resolution
337 was used.
---------------------------------------------------------------------------

On December 17, 1998,⁽³⁴⁾ the following motion was
agreed to by the House:
---------------------------------------------------------------------------
34. 144 Cong. Rec. 27802, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

ADJOURNMENT

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I move that the
House do now adjourn.
The motion was agreed to; accordingly (at 3 o'clock and 36
minutes p.m.), the House adjourned until tomorrow, Friday, December
18, 1998, at 9 a.m.

Sec. 9.5 Following rejection of a motion under clause 4 of rule
XVI⁽³⁵⁾ to adjourn for three days over a weekend, the
Speaker indicated that the House would be required to convene at
the established hour on Friday and, if a quorum were not present,
at the same time on Saturday.
---------------------------------------------------------------------------
35. House Rules and Manual Sec. 911 (2017).
---------------------------------------------------------------------------

On February 17, 1977,⁽³⁶⁾ the following occurred:
---------------------------------------------------------------------------
36. 123 Cong. Rec. 4579-81, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [James] WRIGHT [of Texas]. Mr. Speaker, I move that when
the House adjourns today it adjourn to meet on Monday next.
The SPEAKER.⁽³⁷⁾ The question is on the motion.
---------------------------------------------------------------------------
37. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The question was taken and the Speaker announced that the ayes
appeared to have it.
Mr. [Robert] BAUMAN [of Maryland]. Mr. Speaker, I object to the
vote on the ground that a quorum is not present.
The SPEAKER. Does the gentleman demand the yeas and nays or
object to the vote?
Mr. BAUMAN. Mr. Speaker, I demand the yeas and nays.
The SPEAKER. May the Chair announce so the Members may
understand, this is a question on adjourning to Monday next. If the
House fails to adjourn to Monday we will meet tomorrow at 11 a.m.
In the event there is no quorum tomorrow the House will meet on
Saturday at 11 a.m. I just want the Members to understand the
procedure and what may happen.
The gentleman from Maryland has asked for the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were_yeas
109, nays 224, not voting 98, as follows:

[Roll No. 22] . . .

So the motion was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the
table. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. The Chair announces that when the House adjourns
today, it will adjourn to meet tomorrow. . . .
The SPEAKER. The gentleman will state his parliamentary
inquiry.
Mr. [Samuel] DEVINE [of Ohio]. Mr. Speaker, I make this
parliamentary inquiry as a result of the vote not to adjourn over
until Monday and the announcement that the House would reconvene at
11 o'clock tomorrow. Are there any circumstances that the Chair
could perceive under which the pay raise legislation would be
considered by the House tomorrow?
The SPEAKER. The only possibility would be if unanimous consent
were asked, and the Chair would recognize a gentleman or
gentlewoman for that purpose, and if there were not an objection,
then there would be a vote. That would be the only possibility. The
Chair has been informed that there will be objections.
Mr. DEVINE. I thank the Speaker.

Changing the Time of Convening

Sec. 9.6 The House by unanimous consent may change its convening time
for the next day's session.

On March 5, 2013,⁽³⁸⁾ the House transacted the following
unanimous-consent request:
---------------------------------------------------------------------------
38. 159 Cong. Rec. H979 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

HOUR OF MEETING ON TOMORROW

Mr. [Tom] COLE [of Oklahoma]. Mr. Speaker, I ask unanimous
consent that when the House adjourns today, it adjourn to meet at
10 a.m. tomorrow.
The SPEAKER pro tempore.⁽³⁹⁾ Is there objection to
the request of the gentleman from Oklahoma?
---------------------------------------------------------------------------
39. Rob Woodall (GA).
---------------------------------------------------------------------------

There was no objection.

Sec. 9.7 Pursuant to clause 4(c)(1)(B) of rule XVI,⁽⁴⁰⁾ the
Speaker may entertain, a motion that when the House adjourns it
stand adjourned to a day and time certain, and the adoption of such
motion will supersede the resolution establishing the daily hour of
meeting for that particular day.⁽⁴¹⁾
---------------------------------------------------------------------------
40. House Rules and Manual Sec. 913 (2017).
41. Parliamentarian's Note: The resolution setting the daily hour of
meeting for the first session of the 112th Congress (House
Resolution 10) established noon as the default convening time
for the next day's session (a Tuesday).
---------------------------------------------------------------------------

On December 20, 2011,⁽⁴²⁾ the following motion was
agreed to:
---------------------------------------------------------------------------
42. 157 Cong. Rec. 21439, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

HOUR OF MEETING ON TOMORROW

Mr. [Peter] ROSKAM [of Illinois]. Mr. Speaker, pursuant to
clause 4 of rule XVI, I move that when the House adjourns today, it
adjourn to meet at 10 a.m. tomorrow.
The SPEAKER.⁽⁴³⁾ The question is on the motion.
---------------------------------------------------------------------------
43. John Boehner (OH).
---------------------------------------------------------------------------

The motion was agreed to.

Sec. 10. Place of Meeting

In addition to the constitutional requirement regarding the time of
adjournment (i.e., that both Houses must agree if either House wishes
to adjourn for longer than three days), a similar requirement is
imposed regarding the place to which either House may
adjourn.⁽¹⁾ Neither House, without the consent of the other,
may adjourn to ``any other Place than that in which the two Houses
shall be sitting.''⁽²⁾ The meaning of ``place'' in this
clause of the Constitution has been interpreted as the seat of
government, which is defined by law as the territory of the United
States included within the limits of the District of
Columbia.⁽³⁾ Thus, the House may meet at another location
within the District of Columbia without the consent of the Senate, but
the House may not meet outside the District of Columbia without such
consent.⁽⁴⁾
---------------------------------------------------------------------------
1. See also Deschler's Precedents Ch. 40 Sec. 2 and Precedents
(Wickham) Ch. 40.
2. U.S. Const. art. I, Sec. 5, cl. 4.; House Rules and Manual Sec. 84
(2017).
3. 4 U.S.C. Sec. 71. In the earliest days of the United States,
Congress met at several locations (including New York and
Philadelphia) prior to establishing the District of Columbia as
the permanent seat of government. Congress has met in
Washington, D.C., for every session of Congress since the
second session of the Sixth Congress (1800). Deschler's
Precedents Ch. 1 Sec. 4.
4. In the 108th Congress, clause 12 of rule I was amended to provide
standing authority for the Speaker to convene the House at a
place within the seat of government other than the Hall of the
House should circumstances warrant. House Rules and Manual
Sec. 639 (2017).
---------------------------------------------------------------------------

In the 108th Congress, the House and Senate adopted a concurrent
resolution providing authority for the Speaker of the House and the
Majority Leader of the Senate (or their designees), in consultation
with the minority leaders of each body, to notify Members and Senators
to assemble outside the seat of government should circumstances
warrant.⁽⁵⁾ This authority was provided in response to the
terrorist attacks of September 11, 2001, which raised the possibility
of a potential attack upon the Capitol and the inability of Members and
Senators to meet within the seat of government. In subsequent
Congresses, the House has adopted similar concurrent resolutions
providing this authority to meet outside the seat of government, but
the Senate has not concurred since the 108th Congress.⁽⁶⁾
---------------------------------------------------------------------------
5. See Sec. 10.2, infra.
6. See, e.g., 163 Cong. Rec. H29 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
---------------------------------------------------------------------------

Beginning in the 107th Congress, concurrent resolutions of
adjournment have provided authority for the House and Senate to be
recalled to a different location should circumstances
warrant.⁽⁷⁾ The authority provided is the same as described
above: the Speaker of the House and Majority Leader of the Senate (or
their designees) may exercise recall authority (joint or separate) to
another location, after consultation with the minority leaders of each
body.⁽⁸⁾ This language regarding possible recall to a
location outside the seat of government is now standard for virtually
all concurrent resolutions of adjournment.⁽⁹⁾ However,
beginning in the 113th Congress, concurrent resolutions also have
provided for separate recall authority for the House and
Senate.⁽¹⁰⁾
---------------------------------------------------------------------------
7. See Sec. 10.1, infra.
8. Parliamentarian's Note: While it was formerly the case that recall
authorities in adjournment resolutions provided that such
authority be exercised jointly by the Majority Leader of the
Senate and the Speaker of the House, since the 113th Congress,
recall authorities have typically provided that these officials
may separately recall their respective Houses. For more on
recalling the House from an adjournment, see Sec. 11, infra.
See also Deschler's Precedents Ch. 40 Sec. Sec. 13, 15 and
Precedents (Wickham) Ch. 40.
9. See Sec. 11.2, infra.
10. See Sec. 11.1, infra.
---------------------------------------------------------------------------

When the House assembles in the District of Columbia, it meets in
the House Chamber of the United States Capitol building.⁽¹¹⁾
Throughout its history, the House has had occasion to meet elsewhere
within the District of Columbia. For example, extensive renovations
were performed on the House Chamber in the 76th and 81st Congresses,
and the House met temporarily in one of the House office buildings
until such renovations were complete.⁽¹²⁾ In the 35th
Congress, the Capitol wings were extended for the construction of new
House and Senate chambers, and the House adjourned (by simple
resolution) to meet in the new House Chamber on December 14,
1857.⁽¹³⁾ During the War of 1812, the Capitol was nearly
destroyed by the British army, and the House and Senate were forced to
meet for several years in temporary accommodations.⁽¹⁴⁾
---------------------------------------------------------------------------
11. For more on the House Chamber, the Capitol, and the Capitol Grounds
generally, see Deschler's Precedents Ch. 4 and Precedents
(Wickham) Ch. 4.
12. See Deschler's Precedents Ch. 1 Sec. Sec. 4.1, 4.2.
13. See 5 Hinds' Precedents Sec. 7271.
14. See Deschler's Precedents Ch. 1 Sec. 4.
---------------------------------------------------------------------------

Presidential inauguration ceremonies, which take place
quadrennially on the West Front of the Capitol,⁽¹⁵⁾ are
actual sessions of the House, and the resolution authorizing the
House's participation in such ceremonies provides for an automatic
adjournment of the House upon conclusion of the
ceremonies.⁽¹⁶⁾
---------------------------------------------------------------------------
15. Parliamentarian's Note: Between 1829 and 1977, inauguration
ceremonies took place on the East Portico of the Capitol. See
Deschler's Precedents Ch. 36 Sec. 25.
16. See Deschler's Precedents Ch. 1 Sec. 4.7 and Deschler's Precedents
Ch. 36 Sec. 25.7.
---------------------------------------------------------------------------

In addition to formal sessions of the House, the House may also
meet for ceremonial or other informal occasions inside (or outside) the
seat of government. A ceremonial ``National Day of
Reconciliation''⁽¹⁷⁾ was held in the Capitol Rotunda on
December 4, 2001.⁽¹⁸⁾ Congress met for a ceremonial meeting
at Federal Hall in New York City on September 6, 2002, in remembrance
of the victims of the terrorist attacks of September 11,
2001.⁽¹⁹⁾ Congress also met for a special ceremony in
Philadelphia to celebrate the bicentennial of the United States
Constitution.⁽²⁰⁾ On one occasion, the House was invited by
the Senate to hear an address by Prime Minister Winston Churchill in
the Senate Chamber.⁽²¹⁾
---------------------------------------------------------------------------
17. Parliamentarian's Note: While the concurrent resolution that
authorized this event used the term ``assemble,'' this meeting
was merely a ceremonial occasion and did not represent an
actual session of either the House or the Senate.
18. See Deschler's Precedents Ch. 36 Sec. Sec. 6.1, 6.2.
19. See Deschler's Precedents Ch. 36 Sec. 16.4. For another ceremonial
occasion in New York City (to celebrate the bicentennial
anniversary of the meeting of the First Congress), see
Deschler's Precedents Ch. 36 Sec. 4.1.
20. See Deschler's Precedents Ch 36 Sec. 4.5.
21. See Deschler's Precedents Ch. 1 Sec. 4.6.
---------------------------------------------------------------------------

The House has also conducted a variety of closed security briefings
and secret sessions,⁽²²⁾ both inside the House Chamber and
at other locations. Security briefings of various kinds have taken
place in the House Chamber itself,⁽²³⁾ the Capitol Visitor
Center,⁽²⁴⁾, the Library of Congress,⁽²⁵⁾ and
committee rooms.⁽²⁶⁾ Such meetings are not formal sessions
of the House, and usually take place during a recess of the House or
prior to convening for regular legislative business.
---------------------------------------------------------------------------
22. For more on secret sessions, see Deschler's Precedents Ch. 29
Sec. 85.
23. See, e.g., 150 Cong. Rec. 928, 929, 108th Cong. 2d Sess. (Feb. 3,
2004). For further examples of announcements regarding closed
security briefings in the chamber (or recesses taken to
accommodate such briefings), see: 144 Cong. Rec. 17466, 17467,
105th Cong. 2d Sess. (July 27, 1998); 145 Cong. Rec. 4338,
106th Cong. 1st Sess. (Mar. 11, 1999); 145 Cong. Rec. 4863,
106th Cong. 1st Sess. (Mar. 18, 1999); 147 Cong. Rec. 16761,
107th Cong. 1st Sess. (Sept. 11, 2001); 147 Cong. Rec. 16947,
107th Cong. 1st Sess. (Sept. 13, 2001); 147 Cong. Rec. 17918,
107th Cong. 1st Sess. (Sept. 25, 2001); 147 Cong. Rec. 18657,
107th Cong. 1st Sess. (Oct. 3, 2001); 148 Cong. Rec. 658, 107th
Cong. 2d Sess. (Feb. 6, 2002); 148 Cong. Rec. 4771, 107th Cong.
2d Sess. (Apr. 17, 2002); 148 Cong. Rec. 10136, 107th Cong. 2d
Sess. (June 12, 2002); 149 Cong. Rec. 4474, 108th Cong. 1st
Sess. (Feb. 26, 2003); 149 Cong. Rec. 7537, 108th Cong. 1st
Sess. (Mar. 26, 2003); and 149 Cong. Rec. 10946, 108th Cong.
1st Sess. (May 8, 2003). See also Deschler's Precedents Ch. 1
Sec. 3.19.
24. See Precedents (Wickham) Ch. 4 Sec. 9.3.
25. See Deschler's Precedents Ch. 1 Sec. Sec. 3.18, 4.3-4.5.
26. See 149 Cong. Rec. 6927, 108th Cong. 1st Sess. (Mar. 20, 2003) and
Precedents (Wickham) Ch. 4 Sec. 1.15.
---------------------------------------------------------------------------

Sec. 10.1 The House and Senate have adopted a concurrent resolution of
adjournment that included authorization for the recall of both
Houses (by the Speaker of the House and the Majority Leader of the
Senate, acting jointly, after consultation with the minority
leaders of each body), and provided that each House may reassemble
at a location outside the seat of government.⁽²⁷⁾
---------------------------------------------------------------------------
27. Parliamentarian's Note: This was the first adjournment resolution
that included recall language authorizing reassembly at a place
to be designated by the Speaker of the House and Majority
Leader of the Senate. Language providing authority to
reassemble at a place outside the seat of government is now a
common feature of adjournment resolutions.
---------------------------------------------------------------------------

On October 17, 2001,⁽²⁸⁾ a concurrent resolution of
adjournment was adopted as follows:
---------------------------------------------------------------------------
28. 147 Cong. Rec. 20210-11, 107th Cong. 1st Sess. See also Deschler's
Precedents Ch. 40 Sec. 13.6.
---------------------------------------------------------------------------

PROVIDING FOR ADJOURNMENT OF THE HOUSE FROM WEDNESDAY, OCTOBER
17, 2001, TO TUESDAY, OCTOBER 23, 2001, AND FOR CONDITIONAL
RECESS OR ADJOURNMENT OF THE SENATE FROM WEDNESDAY, OCTOBER 17,
2001, OR THURSDAY, OCTOBER 18, 2001, TO TUESDAY, OCTOBER 23,
2001

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I offer a
privileged concurrent resolution (H. Con. Res. 251) and ask for its
immediate consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 251

Resolved by the House of Representatives (the Senate concurring), That
when the House adjourns on the legislative day of Wednesday, October 17,
2001, it stand adjourned until 12:30 p.m. on Tuesday, October 23, 2001, for
morning hour debate, or until Members are notified to reassemble pursuant
to section 2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns at the close of business on
Wednesday, October 17, 2001, OR Thursday, October 18, 2001, on a motion
offered pursuant to this concurrent resolution by its Majority Leader or
his designee, it stand recessed or adjourned until 10 a.m. on Tuesday,
October 23, 2001, or at such other time on that day as may be specified by
its Majority Leader or his designee in the motion to recess or adjourn, or
until Members are notified to reassemble pursuant to section 2 of this
concurrent resolution, whichever occurs first.

Sec. 2. The Speaker of the House and the Majority Leader of the Senate,
acting jointly after consultation with the Minority Leader of the House and
the Minority Leader of the Senate, shall notify the Members of the House
and the Senate, respectively, to reassemble at such place and time as they
may designate whenever, in their opinion, the public interest shall warrant
it.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 10.2 In the 108th Congress, the House and Senate agreed to a
concurrent resolution providing anticipatory standing
consent⁽²⁹⁾ for the two Houses to assemble at a place
outside the seat of government whenever, in the opinion of the
Speaker of the House and the Majority Leader of the Senate (or
their designees), acting jointly and after consultation with the
minority leaders of each body, circumstances warrant such assembly.
---------------------------------------------------------------------------
29. Parliamentarian's Note: This standing order of both Houses provided
authority to assemble outside the seat of government during the
entirety of the 108th Congress. As of this writing, the House
has agreed to similar concurrent resolutions in each subsequent
Congress, but the Senate has not. Resolutions of adjournment
now typically provide ad hoc authority to assemble the House
and Senate outside the seat of government should circumstances
warrant. See, e.g., Sec. 11.1, infra.
---------------------------------------------------------------------------

On January 7, 2003,⁽³⁰⁾ the House adopted a concurrent
resolution as follows:
---------------------------------------------------------------------------
30. 149 Cong. Rec. 21, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

REGARDING CONSENT TO ASSEMBLE OUTSIDE THE SEAT OF GOVERNMENT

Mr. [David] DREIER [of California]. Mr. Speaker, I offer a
privileged concurrent resolution (H. Con. Res. 1) and ask for its
immediate consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 1

Resolved by the House of Representatives (the Senate concurring), That
pursuant to clause 4, section 5, article I of the Constitution, during the
One Hundred Eighth Congress the Speaker of the House and the Majority
Leader of the Senate or their respective designees, acting jointly after
consultation with the Minority Leader of the House and the Minority Leader
of the Senate, may notify the Members of the House and the Senate,
respectively, to assemble at a place outside the District of Columbia
whenever, in their opinion, the public interest shall warrant it.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

On February 13, 2003,⁽³¹⁾ the Senate agreed to the
concurrent resolution:
---------------------------------------------------------------------------
31. 147 Cong. Rec. 4080, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

CONSENT TO ASSEMBLE OUTSIDE THE SEAT OF GOVERNMENT

Mr. [William] FRIST [of Tennessee]. Madam President, I ask
unanimous consent that the Senate proceed to the immediate
consideration of H. Con. Res. 1, which is at the desk.
The PRESIDING OFFICER.⁽³²⁾ The clerk will report the
concurrent resolution by title.
---------------------------------------------------------------------------
32. John Cornyn (TX).
---------------------------------------------------------------------------

The legislative clerk read as follows:

A concurrent resolution (H. Con. Res. 1) regarding consent to assemble
outside the seat of government.

There being no objection, the Senate proceeded to consider the
concurrent resolution.
Mr. FRIST. Madam President, I ask unanimous consent that the
concurrent resolution be agreed to and the motion to reconsider be
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The concurrent resolution (H. Con. Res. 1) was agreed to.

Sec. 11. Recall, Reassembly, and Emergency Convening

The House has, for many years, provided authority for the Speaker
to recall the House during certain periods of
adjournment.⁽¹⁾ These reconvening or reassembly authorities
have evolved considerably in recent years.⁽²⁾ The various
elements to such recall authority may be described as follows: first,
the chamber (House or Senate, or both) to which the recall authority
applies; second, the individuals vested with the authority to recall;
and third, the time period covered by the recall authority. Recall
authorities have varied over time with respect to all three elements.
---------------------------------------------------------------------------
1. For a previous discussion of recall authorities in the context of
adjournment, see Deschler's Precedents Ch. 40 Sec. Sec. 13, 15.
2. Parliamentarian's Note: The authority to recall the Houses of
Congress during a period of adjournment appears to have its
origin in the years following the entry of the United States
into the Second World War. The exigencies of the war apparently
furnished the impetus for providing this authority on an ad hoc
basis in adjournment resolutions, on the assumption that
Congress may need to quickly convene in order to attend to war-
related emergencies. See Deschler's Precedents Ch. 1
Sec. Sec. 3.16, 3.17.
---------------------------------------------------------------------------

Pursuant to the Constitution,⁽³⁾ resolutions of
adjournment for more than three days must be adopted by both Houses of
Congress, and such resolutions have often provided ad hoc authority for
the Speaker of the House and the Majority Leader of the Senate to
recall their respective chambers during the period of adjournment
contemplated by the resolution. Because such concurrent resolutions of
adjournment typically provide for the adjournment of both Houses,
recall authorities included therein will usually authorize either House
(or both) to be recalled.⁽⁴⁾ Occasionally, Congress will
adopt a concurrent resolution of adjournment for one House only (the
other House choosing to remain in session), in which case the recall
authorities provided by such resolution will apply only to the
adjourning House.⁽⁵⁾ On one occasion, a concurrent
resolution of adjournment contained separate sections authorizing: (1)
joint recall of both Houses; and (2) separate recall of the House
only.⁽⁶⁾ There have also been instances where the
adjournment of both Houses was achieved by adopting two separate
concurrent resolutions of adjournment_one for each House_with recall
authorities in each resolution applicable to the House covered by that
resolution.⁽⁷⁾
---------------------------------------------------------------------------
3. U.S. Const. art. I, Sec. 5, cl. 4; House Rules and Manual Sec. 84
(2017).
4. See Sec. Sec. 11.1-11.3, infra.
5. See Sec. 11.5, infra.
6. See Sec. 11.6, infra.
7. See Sec. 11.4, infra.
---------------------------------------------------------------------------

As noted, recall authority in modern practice is exercised by the
Speaker of the House and the Majority Leader of the
Senate.⁽⁸⁾ The concurrent resolution of adjournment
authorizing reassembly may provide that such recall authorities by
exercised jointly⁽⁹⁾ by the Speaker and Majority Leader, or
separately.⁽¹⁰⁾ If the adjournment resolution provides for
joint recall by the Speaker of the House and the Majority Leader of the
Senate, then both Houses must reassemble on the same
date.⁽¹¹⁾ By contrast, if the recall authorities are to be
exercised separately, each official may determine the dates of
reassembly for each House (which need not be the same). The role of the
Minority Leader of the House and the Minority Leader of the Senate has
generally been consultative only, i.e., the Speaker of the House and
the Majority Leader of the Senate are required to consult with the
minority leaders of their respective bodies before issuing a recall
notice.⁽¹²⁾
---------------------------------------------------------------------------
8. Parliamentarian's Note: Under earlier practice, exercise of recall
authority in the Senate was vested in the President pro tempore
of the Senate. See Deschler's Precedents Ch. 1 Sec. 3.16.
9. See Sec. 11.2, infra.
10. See Sec. 11.1, infra.
11. For an example of an adjournment resolution contemplating joint
recall but with the possibility that the Speaker of the House
and the Majority Leader of the Senate could jointly authorize
each House to reassemble on different dates, see Sec. 11.3,
infra.
12. Parliamentarian's Note: In some earlier examples of recall
authority (prior to the 95th Congress), the minority leaders of
each House were granted authority to exercise joint recall
authority by filing written requests with the Secretary of the
Senate and the Clerk of the House. See, e.g., 121 Cong. Rec.
41973, 94th Cong. 1st Sess. (Dec. 19, 1975).
---------------------------------------------------------------------------

Following the terrorist attacks of September 11, 2001, the House
and Senate recognized the danger of confining recall authority to the
Speaker of the House and Majority Leader of the Senate, as the death or
incapacity of such individuals would prevent recall authorities from
being legitimately exercised. Thus, concurrent resolutions in the 107th
Congress began to include authority for the Speaker of the House and
Majority Leader of the Senate to designate alternate individuals to
exercise recall authority should the need arise.⁽¹³⁾ The
system for designating Members of the House to exercise recall
authorities in the case of death or incapacity of the Speaker has
gradually been regularized. Ad hoc authority for the Speaker to name
recall designees⁽¹⁴⁾ was replaced by ``durable''
designations in the form of a letter filed with the Clerk and laid
before the House.⁽¹⁵⁾ Designations contained in such letter
remain applicable for the duration of the Congress.
---------------------------------------------------------------------------
13. See Sec. 11.5, infra.
14. See, e.g., 148 Cong. Rec. 15138, 15139, 107th Cong. 2d Sess. (July
26, 2002). See also Deschler's Precedents Ch. 40 Sec. 13.5.
15. For the first example of such a letter, see 149 Cong. Rec. 6123,
108th Cong. 1st Sess. (Mar. 13, 2003).
---------------------------------------------------------------------------

With respect to the time period covered by recall authority, such
authority is typically confined to the period of adjournment
established by the concurrent resolution. For adjournment periods of
not more than three days, the Speaker has authority under clause 12(e)
of rule I to reconvene the House at a time other than that previously
appointed, should the public interest warrant such
reassembly.⁽¹⁶⁾ For adjournment periods longer than three
days, the recall authority extends to the entire adjournment period.
Adjournments sine die, which bring a session of a Congress to a close,
previously did not regularly provide recall authority, as the
possibility of reconvening for further legislative business is in
tension with the declaration that the House has completed its work for
the session and is ready to adjourn sine die. Nevertheless, recall
authority has been included in sine die adjournment resolutions in the
past, and such language is now commonplace.⁽¹⁷⁾
---------------------------------------------------------------------------
16. House Rules and Manual Sec. 639 (2017).
17. See, e.g., 161 Cong. Rec. H10707, H10708 [Daily Ed.], 114th Cong.
1st Sess. (Dec. 18, 2015).
---------------------------------------------------------------------------

In addition to authorizing reassembly from periods of adjournment,
Congress has also passed joint resolutions that contemplate convening
the House (or Senate) earlier than otherwise scheduled at the beginning
of a second session of Congress. Such authority is sometimes referred
to as ``precall'' authority because the House (or Senate) is not being
recalled to continue an existing session, but is instead accelerating
the convening of a subsequent session. Thus, the joint resolution will
provide for a change to the convening date of the new session (i.e. a
later convening date than the default January 3 commencement) and also
provide for the Speaker of the House and the Majority Leader of the
Senate to convene their respective chambers earlier than this
established date of assembly, should the public interest warrant
it.⁽¹⁸⁾
---------------------------------------------------------------------------
18. See Sec. 11.9, infra.
---------------------------------------------------------------------------

As noted above,⁽¹⁹⁾ the House and Senate may be recalled
to a different place (other than the seat of government) when the
resolution of adjournment permits such reassembly.⁽²⁰⁾ This
language regarding recall to an alternate location has become standard
in adjournment resolutions since the 107th Congress.
---------------------------------------------------------------------------
19. See Sec. 10, supra.
20. See Sec. 11.7, infra.
---------------------------------------------------------------------------

Since the 105th Congress, Congress has been recalled from a period
of adjournment on seven separate occasions. In some cases, both the
House and the Senate were recalled.⁽²¹⁾ In other cases, only
one House was recalled_either because the other House was still in
session⁽²²⁾ or because the other House had already adjourned
sine die.⁽²³⁾
---------------------------------------------------------------------------
21. See Sec. Sec. 11.11, 11.13, infra; and Deschler's Precedents Ch. 40
Sec. Sec. 13.12, 13.13.
22. See Sec. 11.10, infra; and Deschler's Precedents Ch. 40
Sec. Sec. 13.8-13.11.
23. See Deschler's Precedents Ch. 40 Sec. 15.2.
---------------------------------------------------------------------------

In addition to providing recall authority in resolutions of
adjournment, the House has also adopted standing rules that provide
special convening authority in emergency circumstances. Under clause
12(c) of rule I⁽²⁴⁾ (first adopted in the 108th Congress),
during periods of adjournment of not more than three days, the
Sergeant-at-Arms notifies the Speaker if there is ``an imminent
impairment'' to reconvening at the time previously appointed. When
notified of this impairment to convening, the Speaker may either delay
reconvening (within the three-day constitutional limit) or reconvene
the House earlier than the previously appointed time solely to declare
a recess (again, within the limits imposed by the Constitution). The
Speaker has exercised the authority under this rule both to
postpone⁽²⁵⁾ and to accelerate⁽²⁶⁾ the time of
reconvening. The Speaker has also exercised this authority to dispense
with morning-hour debate and convene the House at the regular time for
legislative business (the impairment to convening having been resolved
in the interim).⁽²⁷⁾ Under clause 12(e) of rule
I,⁽²⁸⁾ if the public interest warrants, the Speaker may
reconvene the House during any recess or adjournment of not more than
three days, at a time other than that previously appointed, within the
limits of the Constitution and after consultation with the Minority
Leader.
---------------------------------------------------------------------------
24. House Rules and Manual Sec. 639 (2017).
25. See Sec. Sec. 11.12, 11.17, infra.
26. See Sec. Sec. 11.14, 11.15, infra.
27. See Sec. 11.18, infra. For more on convening for morning-hour
debate, see Sec. 10.1, supra.
28. House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

Recall Authority in Adjournment Resolutions

Sec. 11.1 The House and Senate agreed to a concurrent resolution of
adjournment, providing, inter alia, separate recall authorities to
be exercised by the Speaker of the House or Majority Leader of the
Senate (or their designees) independently, after consultation with
the minority leaders of their respective chambers.

On December 26, 2013,⁽²⁹⁾ the following adjournment
resolution was agreed to:
---------------------------------------------------------------------------
29. 159 Cong. Rec. H8133, H8134 [Daily Ed.], 113th Cong. 1st Sess. For
previous instances of separate recall authorities for the House
and the Senate, see 137 Cong. Rec. 12256, 102d Cong. 1st Sess.
(May 23, 1991) and 157 Cong. Rec. 106, 112th Cong. 1st Sess.
(Jan. 5, 2011). For an example of a sine die adjournment
resolution with separate recall authorities, see 161 Cong. Rec.
H10707, H10708 [Daily Ed.], 114th Cong. 1st Sess. (Dec. 18,
2015).
---------------------------------------------------------------------------

PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE
AND AN ADJOURNMENT OF THE HOUSE OF REPRESENTATIVES

The SPEAKER pro tempore laid before the House the following
privileged concurrent resolution (S. Con. Res. 30) providing for a
conditional adjournment or recess of the Senate and an adjournment
of the House of Representatives.
The Clerk read the concurrent resolution, as follows:

S. Con. Res. 30

Resolved by the Senate (the House of Representatives concurring), That
when the Senate recesses or adjourns on any day from Friday, December 20,
2013, through Tuesday, December 31, 2013, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 11:45 a.m. on Friday, January 3, 2014, or until the time of
any reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the House adjourns on any legislative
day from Monday, December 23, 2013, through Tuesday, December 31, 2013, on
a motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand adjourned until 11:00 a.m. on Friday,
January 3, 2014, or until the time of any reassembly pursuant to section 3
of this concurrent resolution, whichever occurs first.

Sec. 2. (a) The Majority Leader of the Senate or his designee, after
consultation with the Minority Leader of the Senate, shall notify the
Members of the Senate to reassemble at such place and time he may designate
if, in his opinion, the public interest shall warrant it.

(b) After reassembling pursuant to subsection (a), when the Senate
adjourns on a motion offered pursuant to this subsection by the Majority
Leader or his designee, the Senate shall again stand adjourned pursuant to
the first section of this concurrent resolution.

Sec. 3. (a) The Speaker or his designee, after consultation with the
Minority Leader of the House, shall notify the Members of the House to
reassemble at such place and time he may designate if, in his opinion, the
public interest shall warrant it.

(b) After reassembling pursuant to subsection (a), when the House
adjourns on a motion offered pursuant to this subsection by the Speaker or
his designee, the House shall again stand adjourned pursuant to the first
section of this concurrent resolution.

The SPEAKER pro tempore.⁽³⁰⁾ Without objection, the
concurrent resolution is concurred in.
---------------------------------------------------------------------------
30. Fred Upton (MI).
---------------------------------------------------------------------------

Mr. [Steny] HOYER [of Maryland]. Mr. Speaker, reserving the
right to object . . .,
Therefore, Mr. Speaker, sadly, I withdraw my reservation.
The SPEAKER pro tempore. Without objection, the concurrent
resolution is concurred in.
There was no objection.
A motion to reconsider was laid on the table. . . .

Sec. 11.2 The House has adopted a concurrent resolution providing for
an adjournment of both Houses of Congress, and further authorizing
the Speaker of the House and the Majority Leader of the Senate,
acting jointly and after consultation with the minority leaders of
each body, to reassemble Congress should the public interest
warrant it.

On November 22, 2013,⁽³¹⁾ a concurrent resolution of
adjournment with joint recall authority was agreed to as follows:
---------------------------------------------------------------------------
31. 159 Cong. Rec. H7340, H7359 [Daily Ed.], 113th Cong. 1st Sess. For
concurrent resolutions providing for sine die adjournment but
also authorizing joint recall, see 136 Cong. Rec. 36850, 101st
Cong. 2d Sess. (Oct. 27, 1990) and 152 Cong. Rec. 23281, 109th
Cong. 2d Sess. (Dec. 8, 2006). See also Deschler's Precedents
Ch. 40 Sec. 15.7.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:

Office of the Clerk,
House of Representatives,
Washington, DC, November 21, 2013.
Hon. John A. Boehner,
The Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: Pursuant to the permission granted in Clause
2(h) of Rule II of the Rules of the U.S. House of Representatives,
the Clerk received the following message from the Secretary of the
Senate on November 21, 2013 at 5:39 p.m.:
That the Senate agreed to S. Con. Res. 28.
With best wishes, I am

Sincerely,
Karen L. Haas. -------------------

PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE
AND AN ADJOURNMENT OF THE HOUSE OF REPRESENTATIVES

The SPEAKER pro tempore laid before the House the following
privileged concurrent resolution:

S. Con. Res. 28

Resolved by the Senate (the House of Representatives concurring), That
when the Senate recesses or adjourns on any day from Thursday, November 21,
2013, through Friday, December 6, 2013, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until 12:00 noon on Monday, December 9, 2013, or such
other time on that day as may be specified by its Majority Leader or his
designee in the motion to recess or adjourn, or until the time of any
reassembly pursuant to section 2 or section 3 of this concurrent
resolution, whichever occurs first; and that when the House adjourns on any
legislative day from Thursday, November 21, 2013, through Tuesday, November
26, 2013, on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand adjourned until 2:00 p.m. on
Monday, December 2, 2013, or until the time of any reassembly pursuant to
section 2 of this concurrent resolution, whichever occurs first.

Sec. 2. The Majority Leader of the Senate and the Speaker of the House,
or their respective designees, acting jointly after consultation with the
Minority Leader of the Senate and the Minority Leader of the House, shall
notify the Members of the Senate and House, respectively, to reassemble at
such place and time as they may designate if, in their opinion, the public
interest shall warrant it.

Sec. 3. After the House reassembles pursuant to the first section of this
concurrent resolution, the Majority Leader of the Senate after consultation
with the Minority Leader of the Senate, shall notify the Members of the
Senate to reassemble whenever, in his opinion, the public interest shall
warrant it.

The concurrent resolution was concurred in.
A motion to reconsider was laid on the
table. -------------------

ADJOURNMENT

The SPEAKER pro tempore.⁽³²⁾ Without objection,
pursuant to Senate Concurrent Resolution 28, 113th Congress, the
House stands adjourned until 2 p.m. on Monday, December 2, 2013.
---------------------------------------------------------------------------
32. Thomas Petri (WI).
---------------------------------------------------------------------------

There was no objection.
Thereupon (at 10 o'clock and 5 minutes a.m.), the House
adjourned until Monday, December 2, 2013, at 2 p.m.

Sec. 11.3 The House adopted a concurrent resolution of adjournment (as
amended by the Senate) containing authority for the Speaker of the
House and the Majority Leader of the Senate (or their designees),
acting jointly and after consultation with the minority leaders of
each body, to recall the House or Senate (or both) during the
period of adjournment.⁽³³⁾
---------------------------------------------------------------------------
33. Parliamentarian's Note: The Senate's amendment inserted the word
``respective'' before ``time,'' thus allowing each House to
reconvene on different dates. In prior iterations of such
recall authority, the language provided only for joint recall
to the same time, requiring each House to reassemble on the
same date.
---------------------------------------------------------------------------

On October 2, 2008,⁽³⁴⁾ the House agreed to Senate
amendments to a concurrent resolution of adjournment as follows:
---------------------------------------------------------------------------
34. 154 Cong. Rec. 23766, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

PROVIDING FOR AN ADJOURNMENT OR RECESS OF THE TWO HOUSES

The SPEAKER pro tempore.⁽³⁵⁾ The Chair lays before
the House a privileged message from the Senate.
---------------------------------------------------------------------------
35. Yvette Clarke (NY).
---------------------------------------------------------------------------

The Clerk read as follows:

In the Senate of the United States, October 2 (legislative day, September
17), 2008.

Resolved, That the resolution from the House of Representatives (H. Con.
Res. 440) entitled ``Concurrent resolution providing for a conditional
adjournment of the House of Representatives and a conditional recess or
adjournment of the Senate.'', do pass with the following amendments:

1. On page 1, line 3, strike ``from Monday, September 29, 2008, through
Friday, October 3, 2008,''

2. On page 2, line 2, strike ``that'' and all that follows through line 9
and insert ``the Senate may adjourn or recess at any time from Thursday,
October 2, 2008, through January 3, 2009, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee until
such time as specified in that motion, but not beyond noon on January 3,
2009, and it may reassemble pursuant to section 2 of this concurrent
resolution.''

3. On page 2, line 15, strike ``time'' and insert ``respective time''

The Senate amendments were agreed to.
A motion to reconsider was laid on the table.

Sec. 11.4 The House adopted two concurrent resolutions of adjournment
(one for the House only and one for the Senate only) each
containing recall authority, which, in the case of the adjournment
resolution for the House, authorized the Speaker of the House (or a
designee), after consultation with the Minority Leader, to recall
the House during the period of adjournment.

On March 26, 2015,⁽³⁶⁾ the House agreed to two
concurrent resolutions of adjournment, each providing for the
adjournment of one House only, and each providing recall authority for
that House, as follows:
---------------------------------------------------------------------------
36. 161 Cong. Rec. H2092 [Daily Ed.], 114th Cong. 1st Sess. For similar
consideration of complementary single-House adjournment
resolutions, see 156 Cong. Rec. 14604, 111th Cong. 2d Sess.
(July 29, 2010).
---------------------------------------------------------------------------

PROVIDING FOR AN ADJOURNMENT OF THE HOUSE

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I send to the desk a
privileged concurrent resolution.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore.⁽³⁷⁾ Is there objection to
the request of the gentleman from Illinois?
---------------------------------------------------------------------------
37. Ted Poe (TX).
---------------------------------------------------------------------------

There was no objection.
The text of the concurrent resolution is as follows:

H. Con. Res. 31

Resolved by the House of Representatives (the Senate concurring), That
when the House adjourns on any legislative day from Thursday, March 26,
2015, through Friday, April 10, 2015, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2 p.m. on Monday, April 13, 2015, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution, whichever
occurs first.

Sec. 2. (a) The Speaker or his designee, after consultation with the
Minority Leader of the House, shall notify the Members of the House to
reassemble at such place and time as he may designate if, in his opinion,
the public interest shall warrant it.

(b) After reassembling pursuant to subsection (a), when the House
adjourns on a motion offered pursuant to this subsection by its Majority
Leader or his designee, the House shall again stand adjourned pursuant to
the first section of this concurrent resolution.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

PROVIDING FOR AN ADJOURNMENT OF THE SENATE

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I send to the desk a
privileged concurrent resolution.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
The text of the concurrent resolution is as follows:

H. Con. Res. 32

Resolved by the House of Representatives (the Senate concurring), That
when the Senate recesses or adjourns on any day from Friday, March 27,
2015, through Monday, March 30, 2015, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until noon on Monday, April 13, 2015, or such other
time on that day as may be specified by its Majority Leader or his designee
in the motion to recess or adjourn, or until the time of any reassembly
pursuant to section 2 of this concurrent resolution, whichever occurs
first.

Sec. 2. (a) The Majority Leader of the Senate or his designee, after
concurrence with the Minority Leader of the Senate, shall notify the
Members of the Senate to reassemble at such place and time as he may
designate if, in his opinion, the public interest shall warrant it.

(b) After reassembling pursuant to subsection (a), when the Senate
recesses or adjourns on a motion offered pursuant to this subsection by its
Majority Leader or his designee, the Senate shall again stand recessed or
adjourned pursuant to the first section of this concurrent resolution.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 11.5 The House and Senate may agree to a concurrent resolution
providing for an adjournment for the House only, and further
providing for unilateral recall of the House during the period of
adjournment by the Speaker of the House (or designee), after
consultation with the Minority Leader.

On May 12, 2011,⁽³⁸⁾ a concurrent resolution of
adjournment was agreed to as follows:
---------------------------------------------------------------------------
38. 157 Cong. Rec. 7204, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR AN ADJOURNMENT OF THE HOUSE

Mr. [Pete] SESSIONS [of Texas]. Mr. Speaker, I send to the desk
a privileged concurrent resolution and ask for its immediate
consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 50

Resolved by the House of Representatives (the Senate concurring),

That when the House adjourns on the legislative day of Friday, May 13,
2011, or Saturday, May 14, 2011, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2 p.m. on Monday, May 23, 2011, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution, whichever
occurs first.

Sec. 2. (a) The Speaker or his designee, after consultation with the
Minority Leader, shall notify the Members to reassemble at such place and
time as he may designate if, in his opinion, the public interest shall
warrant it.

The SPEAKER pro tempore (Mr. [Richard] Nugent [of Florida]).
The question is on the concurrent resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Alcee] HASTINGS of Florida. Mr. Speaker, on that I demand
the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX,
further proceedings on this question will be postponed.

Sec. 11.6 The House has adopted a concurrent resolution providing for
sine die adjournment of Congress, and further authorizing the
Speaker of the House, after consultation with the Minority Leader
of the House, to reassemble the House should the public interest
warrant it.

On October 20, 1998,⁽³⁹⁾ a concurrent resolution
providing for sine die adjournment, but also authorizing a recall of
the House, was agreed to as follows:
---------------------------------------------------------------------------
39. 144 Cong. Rec. 27348, 105th Cong. 2d Sess. See also Deschler's
Precedents Ch. 40 Sec. 15.3.
---------------------------------------------------------------------------

PROVIDING FOR ADJOURNMENT SINE DIE OF THE CONGRESS ON
WEDNESDAY, OCTOBER 21, 1998, OR THURSDAY, OCTOBER 22, 1998

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, I offer a
privileged concurrent resolution (H. Con. Res. 353) and ask for its
immediate consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 353

Resolved by the House of Representatives (the Senate concurring), That
when the House adjourns on the legislative day of Wednesday, October 21,
1998, or Thursday, October 22, 1998, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned sine die, or until noon on the second day after Members are
notified to reassemble pursuant to section 2 of this concurrent resolution,
or until a time designated pursuant to section 3 of this resolution; and
that when the Senate adjourns on Wednesday, October 21, 1998, or Thursday,
October 22, 1998, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand adjourned sine
die, or until noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent resolution.

Sec. 2. The Speaker of the House and the Majority Leader of the Senate,
acting jointly after consultation with the Minority Leader of the House and
the Minority Leader of the Senate, shall notify the Members of the House
and the Senate, respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.

Sec. 3. During any adjournment of the House pursuant to this concurrent
resolution, the Speaker, acting after consultation with the Minority
Leader, may notify the Members of the House to reassemble whenever, in his
opinion, the public interest shall warrant it. After reassembling pursuant
to this section, when the House adjourns on any day on a motion offered
pursuant to this section by its Majority Leader or his designee, the House
shall again stand adjourned pursuant to the first section of this
concurrent resolution.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 11.7 The House has adopted a concurrent resolution of adjournment
providing authority for the Speaker of the House and the Majority
Leader of the Senate, acting jointly and after consultation with
the minority leaders of each body, to reassemble Congress at a
place other than the seat of government, should the public interest
warrant.

On October 17, 2001,⁽⁴⁰⁾ the House agreed to a
concurrent resolution of adjournment that, for the first time,
contemplated reassembly at a location outside the seat of government
(authority that has now become standard in adjournment resolutions).
For the text of such House concurrent resolution (House Concurrent
Resolution 251), see Sec. 10.1, supra.
---------------------------------------------------------------------------
40. 147 Cong. Rec. 20210-11, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.8 The Chair laid before the House the Speaker's letter to the
Clerk designating a Member as an alternate individual authorized to
recall the House pursuant to authority provided in a resolution of
adjournment.

On January 6, 2015,⁽⁴¹⁾ the following communication was
laid before the House:
---------------------------------------------------------------------------
41. 161 Cong. Rec. H35 [Daily Ed.], 114th Cong. 1st Sess. For an
earlier example of a similar letter providing an ad hoc
designation applicable to a single period of adjournment, see
148 Cong. Rec. 15138-39, 107th Cong. 2d Sess. (July 26, 2002).
See also Deschler's Precedents Ch. 40
Sec. 13.5. -------------------
---------------------------------------------------------------------------

RECALL DESIGNEE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

The Speaker's Rooms,
House of Representatives,
Washington, DC, January 6, 2015.
Hon. Karen L. Haas,
Clerk of the House of Representatives, The Capitol, Washington,
DC.

Dear Madam Clerk: I hereby designate Representative Kevin
McCarthy of California to exercise any authority regarding
assembly, reassembly, convening, or reconvening of the House
pursuant to House Concurrent Resolution 1, clause 12 of rule I, and
any concurrent resolutions of the current Congress as may
contemplate my designation of Members to exercise similar
authority.
In the event of the death or inability of that designee, the
alternate Members of the House listed in the letter bearing this
date that I have placed with the Clerk are designated, in turn, for
the same purposes.
Sincerely,
John A. Boehner,
Speaker.

Sec. 11.9 The House passed a joint resolution appointing a day for the
convening of the next session of Congress, and further providing
for possible earlier assembly by direction of the Speaker of the
House and the Majority Leader of the Senate (or their designees),
acting jointly and after consultation with the minority leaders of
each body.

On November 21, 2003,⁽⁴²⁾ the following joint resolution
was agreed to:
---------------------------------------------------------------------------
42. 149 Cong. Rec. 30856-57, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTING DAY FOR THE CONVENING OF THE SECOND SESSION OF THE
108TH CONGRESS

Mr. [Thomas] DeLAY [of Texas]. Mr. Speaker, I offer a joint
resolution (H.J. Res. 80), and ask unanimous consent for its
immediate consideration.
The SPEAKER pro tempore.⁽⁴³⁾ The Clerk will report
the joint resolution.
---------------------------------------------------------------------------
43. Doc Hastings (WA).
---------------------------------------------------------------------------

The Clerk read as follows:

H.J. Res. 80

Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled,

SECTION 1. DAY FOR CONVENING OF SECOND REGULAR SESSION OF ONE HUNDRED
EIGHTH CONGRESS.

The second regular session of the One Hundred Eighth Congress shall
begin at noon on Tuesday, January 20, 2004.

SEC. 2. AUTHORITY FOR CALLING SPECIAL SESSION BEFORE CONVENING OF SECOND
REGULAR SESSION.

If the Speaker of the House of Representatives (or the designee of the
Speaker) and the Majority Leader of the Senate (or the designee of the
Majority Leader), acting jointly after consultation with the Minority
Leader of the House of Representatives and the Minority Leader of the
Senate, determine it is in the public interest for Congress to assemble
during the period between the end of the first regular session of the One
Hundred Eighth Congress at noon on January 3, 2004, and the convening of
the second regular session of the One Hundred Eighth Congress as provided
in section 1--

(1) the Speaker and Majority Leader, or their respective designees, shall
notify the Members of the House and Senate, respectively, of such
determination and of the place and time for Congress to so assemble; and

(2) Congress shall assemble in accordance with that notification.

The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection.
The joint resolution was ordered to be engrossed and read a
third time, was read a third time, and passed, and a motion to
reconsider was laid on the table.

Exercising Recall Authorities

Sec. 11.10 Pursuant to notice issued by the Speaker and the Majority
Leader of the Senate under the authority conferred in a concurrent
resolution of adjournment, the House reassembled (twice) from an
adjournment pursuant to that concurrent resolution (the Senate
having yet to adjourn thereunder).⁽⁴⁴⁾
---------------------------------------------------------------------------
44. Parliamentarian's Note: The Senate was still in session as it had
not yet adjourned pursuant to the concurrent resolution. Thus,
only the House was recalled in this instance.
---------------------------------------------------------------------------

On November 19, 2008,⁽⁴⁵⁾ the House reassembled from an
adjournment pursuant to authority provided in a concurrent resolution
as follows:
---------------------------------------------------------------------------
45. 154 Cong. Rec. 24146, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

Pursuant to section 2 of House Concurrent Resolution 440, 110th
Congress, the House met at 1 p.m. and was called to order by the
Speaker pro tempore (Mr.
McNulty). -------------------

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,
November 19, 2008.

I hereby appoint the Honorable Michael R. McNulty to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of
Representatives. -------------------

NOTICE OF REASSEMBLY

The SPEAKER pro tempore.⁽⁴⁶⁾ The Chair lays before
the House the text of the formal notice of reassembly that was sent
to Members on Friday, November 14, 2008.
---------------------------------------------------------------------------
46. Michael McMulty (NY).

Congress of the United States,
Washington, DC, November 13, 2008.
House of Representatives,
Washington, DC.

Dear Representative: Pursuant to section 2 of House Concurrent
Resolution 440, after consultation with the Minority Leader of the
House and the Minority Leader of the Senate, we determine that the
public interest requires that the House reassemble at 1 p.m. on
Wednesday, November 19, 2008, the Senate already being in session.
The Sergeant at Arms is directed to notify all Members of the
reassembly of the House of Representatives for additional
legislative business during the second session of the One Hundred
Tenth Congress.
Thank you for your attention to this urgent matter.

Best Regards,
Nancy Pelosi,
Speaker of the House.
Harry Reid,
Majority Leader of the Senate.

On December 9, 2008,⁽⁴⁷⁾ the House once again
reassembled pursuant to authority provided in the concurrent resolution
as follows:
---------------------------------------------------------------------------
47. 154 Cong. Rec. 24496, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

Pursuant to section 2 of House Concurrent Resolution 440, 110th
Congress, the House met at 11
a.m. -------------------

NOTICE OF REASSEMBLY

The SPEAKER.⁽⁴⁸⁾ The Chair lays before the House the
text of the formal notice of reassembly that was sent to Members on
Friday, December 5, 2008.
---------------------------------------------------------------------------
48. Nancy Pelosi (CA).

Congress of the United States,
Washington, DC, December 5, 2008.
House of Representatives,
Washington, DC.

Dear Representative: Pursuant to section 2 of House Concurrent
Resolution 440, after consultation with the Minority Leader of the
House and the Minority Leader of the Senate, we determine that the
public interest requires that the House reassemble at 11 a.m. on
Tuesday, December 9, 2008, the Senate already being in session.
The Sergeant-at-Arms is directed to notify all Members of the
reassembly of the House of Representatives for additional
legislative business during the second session of the One Hundred
Tenth Congress.
Thank you for your attention to this urgent matter.

Best Regards,
Nancy Pelosi,
Speaker of the House.
Harry Reid,
Majority Leader of the Senate.

Sec. 11.11 Pursuant to notice issued by the Speaker under the authority
conferred in a House-only concurrent resolution of adjournment, the
House reassembled from an adjournment pursuant to that concurrent
resolution.⁽⁴⁹⁾
---------------------------------------------------------------------------
49. Parliamentarian's Note: The applicable concurrent resolution of
adjournment provided only for House adjournment. Thus, the
recall authorities contained in said resolution applied only to
the House. A separate concurrent resolution provided for the
adjournment (and possible reassembly) of the Senate.
---------------------------------------------------------------------------

On August 9, 2010,⁽⁵⁰⁾ the House reassembled from an
adjournment pursuant to authority provided in a concurrent resolution
as follows:
---------------------------------------------------------------------------
50. 156 Cong. Rec. 15413, 111th Cong. 2d Sess.
---------------------------------------------------------------------------

Pursuant to section 2 of House Concurrent Resolution 308, 111th
Congress, the House met at 7 p.m. and was called to order by the
Speaker pro tempore (Ms. Pingree of
Maine). -------------------

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,
August 9, 2010.

I hereby appoint the Honorable Chellie Pingree to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of
Representatives. -------------------

NOTICE OF REASSEMBLY

The SPEAKER pro tempore laid before the House the text of the
formal notification sent to Members on Wednesday, August 4, 2010,
of the reassembly of the House.

U.S. House of Representatives,
Office of the Speaker,
August 4, 2010.

Dear Colleague: Pursuant to section 2(a) of House Concurrent
Resolution 308, and after consultation with the Minority Leader of
the House, I have determined that the public interest requires that
the House reassemble at 7:00 p.m. on Monday, August 9, 2010. The
expectation is that Monday will be a pro forma session and that
votes will occur on Tuesday. Further announcements will be provided
by the Majority Leader's office.
Thank you for your attention to this urgent matter.

Best regards,
Nancy Pelosi,
Speaker of the House.

Sec. 11.12 Pursuant to notice issued by the Speaker under the authority
conferred by a special order of business, the House reconvened from
an adjournment of less than three days pursuant to that special
order of business.

On December 30, 2012,⁽⁵¹⁾ the House was recalled from an
adjournment pursuant to authority contained in a special order of
business (such authority being limited to adjournments of not more than
three days, but applicable for the remainder of the
Congress):⁽⁵²⁾
---------------------------------------------------------------------------
51. 158 Cong. Rec. 18381, 112th Cong. 2d Sess.
52. Parliamentarian's Note: In the 114th Congress, clause 12(e) was
added to rule I, which provides authority for the Speaker to
reconvene the House during any period of adjournment of not
more than three days_essentially codifying the ad hoc authority
provided here. See House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

Pursuant to section 2 of House Resolution 479, 112th Congress,
the House met at 2 p.m. and was called to order by the
Speaker. -------------------

NOTICE OF REASSEMBLY

The SPEAKER laid before the House the text of the formal
notification sent to Members on Thursday, December 27, 2012, of the
reassembly of the House.

Congress of the United States,
House of Representatives,
Washington, DC, December 27, 2012.

Dear Colleague: Pursuant to section 2 of House Resolution 479,
and after consultation with the Minority Leader of the House, I
have determined that the public interest requires that the House
reassemble at 2:00 PM on Sunday, December 30, 2012. Further
announcements will be provided by the Majority Leader's office.
Thank you for your attention to this urgent matter.

Sincerely,
John A. Boehner.

Sec. 11.13 Pursuant to notice issued by the Speaker and the Majority
Leader of the Senate under the authority conferred in a concurrent
resolution of adjournment, the House (and Senate) reassembled from
an adjournment pursuant to that concurrent resolution.

On September 6, 2013,⁽⁵³⁾ the House reassembled from an
adjournment as follows:
---------------------------------------------------------------------------
53. 159 Cong. Rec. H5407 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

Pursuant to section 2 of Senate Concurrent Resolution 22, 113th
Congress, the House met at noon and was called to order by the
Speaker pro tempore (Mr. Denham). . .
. -------------------

NOTICE OF REASSEMBLY

The SPEAKER pro tempore⁽⁵⁴⁾ laid before the House
the text of the formal notification sent to Members on Thursday,
September 6, 2013, of the reassembly of the House.
---------------------------------------------------------------------------
54. Jeff Denham (CA).
---------------------------------------------------------------------------
U.S. Senate,
Washington, DC, September 5, 2013.

Dear Colleague: Pursuant to section 2 of Senate Concurrent
Resolution 22 of the 113th Congress, after consultation with the
Minority Leader of the Senate and the Minority Leader of the House
of Representatives, we hereby notify the Members of the Senate to
reassemble at 12:00 noon on Friday, September 6, 2013, and the
Members of the House of Representatives to reassemble at 12:00 noon
on Friday, September 6, 2013.

Sincerely,
Harry Reid,
Majority Leader of the Senate.
John A. Boehner,
Speaker of the House of Representatives.

Emergency Convening Authorities_Earlier Than Appointed Time

Sec. 11.14 When the Speaker is informed by the Sergeant-at-Arms of an
imminent impairment to convening, the Speaker may exercise
authority under clause 12(c) of rule I⁽⁵⁵⁾ to reconvene
the House earlier than the appointed time (within the three-day
limit imposed by the Constitution).
---------------------------------------------------------------------------
55. House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

On December 19, 2009,⁽⁵⁶⁾ the Speaker was informed that
the originally-established convening time for the House would likely
occur during a severe weather event. Thus, the House assembled earlier
than the previously-appointed time so that the Chair could declare a
recess for the duration of the impending snowstorm:
---------------------------------------------------------------------------
56. 155 Cong. Rec. 32729, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

The House met at noon and was called to order by the Speaker
pro tempore (Ms. Edwards of
Maryland). -------------------

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore⁽⁵⁷⁾ laid before the House
the following communication from the Speaker:
---------------------------------------------------------------------------
57. Donna Edwards (MD).
---------------------------------------------------------------------------
Washington, DC.
December 19, 2009.

I hereby appoint the Honorable Donna F. Edwards to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of
Representatives. -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Sergeant at Arms of the House of
Representatives:

Office of the Sergeant at Arms,
House of Representatives,
Washington, DC, December 18, 2009.
Hon. Nancy Pelosi,
The Speaker,
Washington, DC.

Dear Madam Speaker, As you are aware, the time previously
appointed for the next meeting of the House is 6 p.m. on Saturday,
December 19, 2009. This is to notify you, pursuant to clause 12(c)
of rule I, of an imminent impairment of the place of reconvening at
that time. The impairment is due to the weather.

Respectfully,
Wilson Livingood,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Under clause 12(c) of rule I, the
Speaker established this time for reconvening and notified Members
accordingly. -------------------

Sec. 11.15 When the Speaker is informed by the Sergeant-at-Arms of an
imminent impairment to convening, the Speaker may exercise
authority under clause 12(c) of rule I⁽⁵⁸⁾ to reconvene
the House earlier than the appointed time (within the three-day
limit imposed by the Constitution).
---------------------------------------------------------------------------
58. House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

On January 21, 2014,⁽⁵⁹⁾ the House assembled earlier
than the previously-appointed time in order to avoid a severe weather
event:
---------------------------------------------------------------------------
59. 160 Cong. Rec. H1247 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at 11:30 a.m. and was called to order by the
Speaker pro tempore (Mr.
Messer). -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER pro tempore⁽⁶⁰⁾ laid before the House
the following communication from the Sergeant at Arms of the House
of Representatives:

60. Luke Messer (IN).
---------------------------------------------------------------------------
Office of the Sergeant at Arms,
House of Representatives,
Washington, DC, January 21, 2014.

Dear Mr. Speaker, As you are aware, the time previously
appointed for the next meeting of the House is 1 p.m. on Tuesday,
January 21, 2014. This is to notify you, pursuant to clause 12(c)
of rule I, of an imminent impairment of the place of reconvening at
that time. The impairment is due to the weather.

Sincerely,
Paul D. Irving,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Under clause 12(c) of rule I, the
Speaker established this time for reconvening and notified Members
accordingly.

Emergency Convening Authorities_Later Than Appointed Time

Sec. 11.16 When the Speaker is informed by the Sergeant-at-Arms of an
imminent impairment to convening, the Speaker may exercise
authority under clause 12(c) of rule I⁽⁶¹⁾ to reconvene
the House later than the appointed time (within the three-day limit
imposed by the Constitution).
---------------------------------------------------------------------------
61. House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

On October 30, 2012,⁽⁶²⁾ the House assembled later than
the previously-appointed time due to a severe weather event:
---------------------------------------------------------------------------
62. 158 Cong. Rec. 15037, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at 4 p.m. and was called to order by the Speaker
pro tempore (Mr.
LaTourette). -------------------

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore⁽⁶³⁾ laid before the House
the following communication from the Speaker:

63. Steven LaTourette (OH).
---------------------------------------------------------------------------
Washington, DC,
October 30, 2012.

I hereby appoint the Honorable Steven C. LaTourette to act as
Speaker pro tempore on this day.
John A. Boehner,
Speaker of the House of
Representatives. -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Sergeant at Arms of the House of
Representatives:

Hon. John A. Boehner,
Speaker of the House, U.S. Capitol, Washington, DC.

Dear Mr. Speaker: As you are aware, the time previously
appointed for the next meeting of the House is 10 a.m. on Tuesday,
October 30, 2012. This is to notify you, pursuant to clause 12(c)
of rule I, of an imminent impairment of the place of reconvening at
that time. The impairment is due to the weather.

Respectfully,
Paul D. Irving,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Under clause 12(c) of rule I, the
Speaker established this time for reconvening and notified Members
accordingly.

Sec. 11.17 When the Speaker is informed by the Sergeant-at-Arms of an
imminent impairment to convening, the Speaker may exercise
authority under clause 12(c) of rule I⁽⁶⁴⁾ to reconvene
the House later than the appointed time (within the three-day limit
imposed by the Constitution).
---------------------------------------------------------------------------
64. House Rules and Manual Sec. 639 (2017).
---------------------------------------------------------------------------

On March 4, 2014,⁽⁶⁵⁾ the House assembled later than the
previously-appointed time due to a serious weather event:
---------------------------------------------------------------------------
65. 160 Cong. Rec. H2101 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at 2 p.m. and was called to order by the Speaker
pro tempore (Mr. Denham). . .
. -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER pro tempore⁽⁶⁶⁾ laid before the House
the following communication from the Sergeant at Arms of the House
of Representatives:

66. Jeff Denham (CA).
---------------------------------------------------------------------------
House of Representatives,
Office of the Sergeant at Arms,
Washington, DC, March 2, 2014.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker, As you are aware, the time previously
appointed for the next meeting of the House is noon on Monday March
3, 2014. This is to notify you, pursuant to clause 12(c) of rule I,
of an imminent impairment of the place of reconvening at that time.
The impairment is due to the weather.

Sincerely,
Paul D. Irving,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Under clause 12(c) of rule I, the
Speaker established this time for reconvening and notified Members
accordingly.

Dispensing With Morning-Hour Debate

Sec. 11.18 When the Speaker is informed by the Sergeant-at-Arms of an
imminent impairment to convening, the Speaker may exercise
authority under clause 12(c) of rule I⁽⁶⁷⁾ to reconvene
the House either earlier or later than the appointed time (within
the three-day limit imposed by the Constitution), and, pursuant to
a separate order of the House, dispense with morning-hour
debate.⁽⁶⁸⁾
---------------------------------------------------------------------------
67. House Rules and Manual Sec. 639 (2017).
68. Parliamentarian's Note: The impairment to convening (an asbestos
spill within the Capitol) prevented the House from convening
for morning-hour debate at 10:00 a.m. However, the incident was
resolved by noon_the time the House was scheduled to convene
for regular legislative business.
---------------------------------------------------------------------------

On July 10, 2014,⁽⁶⁹⁾ the House dispensed with morning-
hour debate and convened at the previously-appointed time for
legislative business as follows:
---------------------------------------------------------------------------
69. 160 Cong. Rec. H6039 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at noon and was called to order by the
Speaker. -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Sergeant at Arms of the House of Representatives:

House of Representatives,
Washington, DC, July 10, 2014.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: As you are aware, the time previously
appointed for the next meeting of the House is 10 a.m. today for
morning hour debate. This is to notify you, pursuant to clause
12(c) of rule I, of an imminent impairment of the place of
reconvening at that time. The impairment is due to an industrial
accident.

Sincerely,
Paul D. Irving,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁷⁰⁾ Under clause 12(c) of rule I, and
the order of the House of January 7, 2014,⁽⁷¹⁾ the
Speaker dispensed with morning-hour debate today and notified
Members accordingly.
---------------------------------------------------------------------------
70. John Boehner (OH).
71. Parliamentarian's Note: The order provided that, ``...the Speaker
may dispense with morning-hour debate upon receipt of a
notification described in clause 12(c) of rule I and notify
Members accordingly.'' 160 Cong. Rec. H5 [Daily Ed.], 113th
Cong. 1st Sess. (Jan. 7, 2014).
PRECEDENTS OF THE HOUSE
Ch. 1

INDEX-ASSEMBLY OF CONGRESS

Adjournment
bicameral consent necessary to adjourn for more than three days,
Sec. 9
House-only adjournment resolution, Sec. Sec. 11.5, 11.11
Legislative Reorganization Act of 1946, section 132, Sec. 2
motion to adjourn sine die, Sec. 2
motion to adjourn to a date and time certain, Sec. Sec. 9.1, 9.5,
9.7
place of meeting, adjournment resolution authorizing assembly
outside the seat of government, Sec. Sec. 10.1, 10.2, 11.7
pro forma session, adjournment authority regarding, Sec. Sec. 2.11,
2.12, 7.3
recall authorities, relationship of sine die adjournment to,
Sec. Sec. 11, 11.6
recall from adjournment of less than three days, Sec. Sec. 11.12
recess in lieu of adjournment, Sec. Sec. 2, 2.9
resolution of adjournment amended by Senate, Sec. 11.3
sine die, in general, Sec. 2
Boards and Commissions
announcements regarding, Sec. 5.2
reports filed between sessions, Sec. Sec. 8, 8.7
Calendar Days
see Legislative Days
Capitol
see Place of Meeting
Certificates of Election
Members-elect sworn without, unanimous-consent request to permit,
Sec. Sec. 3.6, 4.3
Clerk of the House
announcements made by, Sec. 3.1
election of Speaker, presiding over, Sec. Sec. 3, 4, 4.4
farewell remarks by, Sec. 3.8
letter designating recall designees filed with, Sec. Sec. 11, 11.8
letter designating Speakers pro tempore filed with, Sec. 3.2
parliamentary inquiries, responding to, Sec. Sec. 3.5, 4.2
points of order, appeals, Sec. Sec. 3.4, 4.1
points of order, ruling on, Sec. Sec. 3.4, 4.1
presiding officer on opening day, others serving in absence of
Clerk, Sec. 3.3
presiding officer on opening day, service as, Sec. Sec. 3, 3.1, 4,
4.4
quorum call, presiding over, Sec. 3, 3.1
roll of Members-elect compiled by, Sec. 3
rules of the House, authorization to correct resolution adopting,
Sec. 6
Commit
see Motions
Committee of the Whole
see Daily Hour of Meeting
Committee Reports
filing between sessions, Sec. Sec. 8, 8.6
Constitution
20th amendment, effect on convening, Sec. 2,
bicameral consent necessary to adjourn for more than three days,
Sec. 9
constitutionality of proposed action, chair does not rule on,
Sec. 2.1
constitutionality of proposed rules, chair does not rule on,
Sec. Sec. 6, 6.8
parliamentary inquiries regarding, Sec. 2.1
Contempt of Congress
see Investigations and Inquiries
Daily Hour of Meeting
changing, by amending resolution setting, Sec. 9.3
changing, by motion, Sec. Sec. 9.1, 9.5, 9.7
changing, by unanimous consent, Sec. 9.6
changing, in general, Sec. Sec. 5, 9
Committee of the Whole, relationship to Sec. 9
emergency convening earlier than the appointed time,
Sec. Sec. 11.14, 11.15
emergency convening later than the appointed time, Sec. Sec. 11.16,
11.17
morning-hour debate, relationship to, Sec. Sec. 9, 11.18
privilege of resolution setting, Sec. 9.2
recall from adjournment, time of convening, Sec. Sec. 9, 9.4
Saturday session, time of convening, Sec. 9.5
setting at first session, Sec. Sec. 5, 5.1, 9, 9.2
setting at second session, Sec. Sec. 7, 9, 9.2
Date of Convening
20th amendment, relationship to, Sec. 2
amending measures changing, Sec. 2
authority to change, parliamentary inquiries regarding,
Sec. Sec. 2, 2.1
changing, in general, Sec. 2
consideration of measures changing, Sec. Sec. 2, 2.2-2.4, 11.9
setting by law, Sec. 2
Death
Member-elect, announcement regarding, Sec. 3.7
Speaker, election of successor, Sec. 4
Delegates
election of Speaker, inability to vote, Sec. Sec. 3.5, 4.2
voting, question of privilege raised regarding, Sec. 6.9
Discharge Petitions
signatures carrying over from prior session, Sec. 8
Doorkeeper
abolition of office, Sec. 3
presiding officer, service as, Sec. Sec. 3, 3.3
Election of Speaker
see Speaker of the House
Electronic Voting System
see Voting
Emergency Convening
convening earlier than the appointed time, Sec. Sec. 11.14, 11.15
convening later than the appointed time, Sec. Sec. 11.16, 11.17
in general, Sec. 11
morning-hour debate, relationship to, Sec. Sec. 11, 11.18
General Counsel
authorized to continue litigation in new Congress, Sec. 8.3
Hour of Meeting
see Daily Hour of Meeting
Impeachment
see Investigations and Inquiries
Investigations and Inquiries
contempt proceedings, reauthorization of, Sec. Sec. 8, 8.3
continuation of investigations in subsequent Congress, Sec. 8
continuation of investigations in subsequent session, Sec. 8
ethics investigations, reauthorization of, Sec. 8.4
impeachment investigations, reauthorization of, Sec. Sec. 8, 8.1,
8.2
litigation, continuation in subsequent Congress, Sec. Sec. 8, 8.3
Joint Sessions
see Sessions
Journal
pro forma sessions, approval at, Sec. Sec. 2.11, 2.12, 7.3
Legislative Days
calendar days distinguished, Sec. 9
public holidays, relationship to, Sec. 9
Saturdays as legislative days, Sec. 9.5
Sundays as legislative days, Sec. 9
two legislative days in one calendar day, Sec. Sec. 9, 9.1
Legislative Reorganization Act of 1946
see Adjournment
Majority Leader
rules of the House, resolution adopting offered by, Sec. 6
Minority Leader
election of Speaker, role in, Sec. 4
Morning-hour Debate
emergency convening, relationship to, Sec. Sec. 11, 11.18
hour of meeting, relationship to, Sec. 9
unanimous-consent order establishing, Sec. 7
Motions
adjourn to a date and time certain, Sec. Sec. 9.1, 9.5
adjournment sine die by motion, Sec. 2
adjournment sine die without motion, Sec. Sec. 2.11, 2.12
commit, available prior to adoption of rules, Sec. 6.4
previous question, available prior to adoption of rules, Sec. 6.4
Oath of Office
Members-elect at first session, administration to, Sec. 5.1
Members-elect at second session, administration to, Sec. Sec. 7,
7.5
Members-elect by Speaker, administration to, Sec. Sec. 5.1, 7
officers of the House by Speaker, administration to, Sec. Sec. 5,
5.1
Speaker by Dean of the House, administration to, Sec. Sec. 4, 4.5
Officers, Officials and Employees of the House
Clerk, see Clerk
Doorkeeper, see Doorkeeper
election of, Sec. Sec. 5, 5.1
General Counsel, see General Counsel
Oath of office, administration by Speaker, Sec. Sec. 5, 5.1
Sergeant-at-arms, see Sergeant-at-Arms
Speaker, see Speaker of the House
Parliamentary Inquiries
date of convening, authority to change, inquiries regarding,
Sec. Sec. 2, 2.1
Clerk responds to, Sec. Sec. 3.5, 4.2
election of Speaker, inability of Delegates to vote, inquiries
regarding, Sec. Sec. 3.5, 4.2
Party Leaders
see Majority Leader and Minority Leader
Place of Meeting
bicameral consent necessary to meeting outside the seat of
government, Sec. Sec. 10, 10.1, 10.2, 11.7
Capitol, meeting elsewhere in, Sec. 10
ceremonial meetings, Sec. 10
in general, Sec. 10
recall to a place outside the seat of government, Sec. Sec. 10, 11
seat of government defined, Sec. 10
security briefings, Sec. 10
Points of Order
Clerk rules on, Sec. Sec. 3.4, 4.1
election of Speaker, precedence, Sec. Sec. 3.4, 4.1
relevancy, application to resolution adopting rules, Sec. 6
rules of the House, entertained prior to consideration of
resolution adopting, Sec. 6.7
rules of the House, entertained during consideration of resolution
adopting, Sec. Sec. 6, 6.8
Precall
see Recall
Precedence
election of Speaker, Sec. Sec. 3.4, 4.1
questions of privilege, Sec. Sec. 3.4, 4.1
rules of the House, resolution adopting, Sec. Sec. 6, 6.9
Presidential Messages and Communications
assembly by presidential proclamation, Sec. Sec. 1, 2
committees to notify President regarding organization, Sec. Sec. 5,
5.1, 7.2
state of the union address, authorization for, Sec. 5
veto messages received between sessions, Sec. Sec. 7.8, 8, 8.5
Previous Question
see Motions
Privileged Questions
daily hour of meeting, resolution setting considered as, Sec. 9.2
rules of the House, resolution adopting considered as, Sec. 6.1
Pro Forma Sessions
see Sessions
Questions of Privilege
election of Speaker has precedence over, Sec. Sec. 3.4, 4.1
impeachment resolution constitutes, Sec. 8.2
rules of the House, resolution adopting constitutes, Sec. Sec. 6,
6.9
rules of the House, resolution adopting has precedence over,
Sec. Sec. 6, 6.9
Quorums and Quorum Calls
Clerk presides over call on opening day, Sec. Sec. 3, 3.1
electronic voting system, use during call at second session,
Sec. Sec. 7, 7.2
first session, quorum established at, Sec. Sec. 3, 3.1
second session, quorum established at, Sec. Sec. 7, 7.2
Speaker presides over call at second session, Sec. 7
Reassembly
see Recall
Recall
adjournment of less than three days, recall from, Sec. 11.12
adjournment sine die, relationship to, Sec. Sec. 11, 11.6
Clerk, recall designee letter filed with, Sec. 11
consultation requirements, Sec. 11
date to which Houses are recalled, Sec. Sec. 11, 11.3
designees authorized to recall, Sec. Sec. 11, 11.8
hour of meeting, Sec. Sec. 9, 9.4
in general, Sec. 11
joint recall of House and Senate, Sec. Sec. 11, 11.2, 11.13
place of meeting, Sec. Sec. 10, 10.1, 10.2, 11, 11.7
precall authority, Sec. Sec. 11, 11.9
separate recall of House and Senate, Sec. Sec. 11, 11.1, 11.4,
11.10
sine die adjournment, relationship to, Sec. Sec. 11, 11.6
unilateral recall of one House only, Sec. Sec. 11.5, 11.11
Recess
adjournment, recess in lieu of, Sec. Sec. 2, 2.9
Speaker authorized to call, Sec. 5
Referrals
announcements regarding, Sec. 8
committee reports, Sec. 8.6
opening day, measures referred on, Sec. 8
veto messages, Sec. 8.5
Rules of the House
adoption of rules, Sec. Sec. 5, 5.1, 6
announcements made prior to adoption of, Sec. 6.2
Clerk authorized to make corrections to resolution adopting, Sec. 6
consideration as privileged question of resolution adopting,
Sec. 6.1
consideration by special order of resolution adopting, Sec. Sec. 6,
6.10
consideration by unanimous consent of resolution adopting, Sec. 6.3
consideration of legislation prior to adoption of, Sec. 8
consideration of resolution adopting, in general, Sec. Sec. 6, 6.1,
6.3, 6.10
constitutionality of, Sec. 6
debate on, Speaker's participation in, Sec. 6
decorum rules enforced prior to adoption of, Sec. Sec. 6, 6.5
division of resolution adopting, Sec. 6
form of resolution adopting, Sec. Sec. 6, 6.11
freestanding orders contained in resolution adopting, Sec. Sec. 6,
6.11, 8.3, 8.8
gallery rules enforced prior to adoption of, Sec. Sec. 6, 6.6
general parliamentary law, Sec. 6
Jefferson's Manual, status of, Sec. 6
Majority Leader offers resolution adopting, Sec. Sec. 6, 6.1
motion to commit resolution adopting rules, Sec. 6.4
offering of resolution adopting by Majority Leader, Sec. Sec. 6,
6.1
points of order entertained during consideration of resolution
adopting, Sec. Sec. 6, 6.8
points of order entertained prior to consideration of resolution
adopting, Sec. 6.7
precedence of resolution adopting, Sec. Sec. 6, 6.9
question of privilege, resolution adopting constitutes,
Sec. Sec. 6, 6.9
reading of resolution adopting rules, unanimous-consent request to
waive, Sec. 6.4
recodification of, Sec. 6
relevancy in debate, application of point of order to resolution
adopting, Sec. Sec. 6, 6.7
special order of business contained in resolution adopting, Sec. 6
statutory rulemaking, relationship to, Sec. Sec. 6, 6.11
Seat of Government
see Place of Meeting
Senate
adjournment resolution amended by, Sec. 11.3
bicameral consent necessary to adjourn for more than three days,
Sec. 9
bicameral consent necessary to meet outside the seat of government,
Sec. 10
messages at organization received from, Sec. Sec. 5, 8
messages regarding organization sent to, Sec. Sec. 5, 5.1, 7.2
recall, joint, of House and Senate, Sec. Sec. 11, 11.2, 11.13
recall, separate, of House and Senate, Sec. Sec. 11, 11.1, 11.4,
11.10
Senate chamber, Sec. 10
Sergeant-at-Arms
mace, presentation of, Sec. 6.5
presiding officer on opening day, service as, Sec. Sec. 3, 3.3
Sessions
expiration of a session, Sec. Sec. 1, 2, 2.5, 2.6
first session, measures changing date of convening, Sec. 2.4
first session, pro forma session to end, Sec. Sec. 2.12, 7.3
investigations continued in subsequent session or Congress, Sec. 8
meetings, ceremonial, Sec. 10
meetings, joint, as distinguished from joint sessions, Sec. 1
presidential proclamation, assembly by, Sec. Sec. 1, 2
pro forma sessions, adjournment from, Sec. Sec. 2.11, 2.12, 7.3
pro forma sessions, announcements regarding, Sec. 2.8
pro forma sessions, approval of Journal at, Sec. Sec. 2.11, 2.12,
7.3
pro forma sessions, authorization by special order of business,
Sec. Sec. 2.10, 2.11, 2.12, 7.3
pro forma sessions, authorization by unanimous consent, Sec. 7.4
pro forma sessions, beginning second session with, Sec. Sec. 2.8,
2.10, 2.12, 7, 7.3, 7.4
pro forma sessions, ending first session with, Sec. Sec. 2.12, 7.3
pro forma sessions, in general, Sec. Sec. 1, 2, 7,
pro forma sessions, Speaker authorized to conduct business at,
Sec. 2.11
pro forma sessions, Speaker authorized to set date of,
Sec. Sec. 2.12, 7.3
pro forma sessions, Speaker authorized to set time of,
Sec. Sec. 2.11, 2.12, 7.3
pro forma sessions, vacating, Sec. 2.7
second session, measures changing date of convening, Sec. Sec. 2.2,
2.3
second session, organization at, Sec. Sec. 5, 7, 7.2
second session, pro forma session to begin, Sec. Sec. 2.8, 2.10.,
2.12, 7, 7.3, 7.4
second session, Speaker pro tempore presiding over organization,
Sec. 7.1
secret sessions, Sec. Sec. 1, 10
Sunday sessions, Sec. 9
types of sessions distinguished, Sec. 1
unfinished business of prior session, Sec. 8
Speaker of the House
announcements at second session made by, Sec. Sec. 7, 7.2, 7.6-7.8
announcements prior to adoption of rules made by, Sec. 6.2
announcements regarding events occurring during sine die
adjournment made by, Sec. Sec. 5, 5.1, 7.2, 7.6-7.8
announcements regarding pro forma session made by, Sec. 2.8
announcements regarding referrals of measures on opening day made
by, Sec. 8
business at pro forma session, authorization to conduct, Sec. 2.11
constitutionality of proposed action, chair does not rule on,
Sec. 2.1
constitutionality of proposed rules, chair does not rule on,
Sec. Sec. 6, 6.8
date of pro forma session, authorization to set, Sec. Sec. 2.12,
7.3
debate on adopting rules, participation in, Sec. 6
decorum rules enforced by, prior to adoption of rules, Sec. Sec. 6,
6.5
election of, Clerk presiding over, Sec. Sec. 4, 4.4
election of, Delegates inability to vote, Sec. Sec. 3.5, 4.2,
election of, electronic voting system not used, Sec. 4
election of, escort committees, Sec. 4, 4.4
election of, following death of prior Speaker, Sec. 4
election of, in general, Sec. Sec. 4, 4.4
election of, Minority Leader's role, Sec. 4
election of, nominating procedure, Sec. Sec. 4, 4.4, 4.6
election of, precedence, Sec. Sec. 3.4, 4.1
election of, Speaker pro tempore presiding over, Sec. 4
election of successor, Speaker presiding over, Sec. 4.6
gallery rules enforced by, prior to adoption of rules, Sec. Sec. 6,
6.6
oath of office administered to, by Dean of the House, Sec. Sec. 4,
4.5
oath of office administered to Members-elect by, Sec. Sec. 5.1, 7,
7.5
oath of office administered to officers by, Sec. Sec. 5, 5.1
parliamentary inquiries regarding date of convening entertained by,
Sec. 2.1
points of order ruled on by, during consideration of resolution
adopting rules, Sec. Sec. 6, 6.8
points of order ruled on by, prior to consideration of resolution
adopting rules, Sec. 6.7
presiding officer on opening day, service as, Sec. Sec. 5, 5.1
quorum call at second session, presiding over, Sec. Sec. 7, 7.2
recess, authorization to call, Sec. 5
resignation from office, Sec. Sec. 3, 4.6
Speaker pro tempore, letter designating, Sec. 3.2
Speaker pro tempore, service as presiding officer, Sec. Sec. 3, 7,
7.1
time of pro forma session, authorization to set, Sec. Sec. 2.11,
2.12, 7.3
unanimous-consent requests entertained by, Sec. 5
Speaker Pro Tempore
see Speaker of the House
Special Order of Business
daily hour of meeting, resolution setting amended by, Sec. 9.3
date of convening, bill changing considered by, Sec. 2.3
pro forma session authorized by, Sec. 7.3
rules of the House, resolution adopting considered by, Sec. Sec. 6,
6.10
rules of the House, resolution adopting containing, Sec. 6
Unanimous-consent Requests
certificates of election, requests related to, Sec. Sec. 3.6, 4.3
Clerk may entertain prior to election of Speaker, Sec. Sec. 3.6,
4.3
pro forma session, requests to establish, Sec. 7.4
reading, request to waive available prior to adoption of rules,
Sec. 6.4
rules of the House, requests to structure consideration of
resolution adopting, Sec. 6.3
time of convening, requests to change, Sec. 9.6
voting for Speaker, requests regarding, Sec. Sec. 3.6, 4.3
Unfinished Business
see Sessions
Vetoes
see Presidential Messages and Communications
Voting
Delegates, issues regarding ability to vote, Sec. Sec. 3.6, 4.3,
6.9
election of Speaker, electronic voting system not used for, Sec. 4
election of Speaker, question of privilege raised regarding,
Sec. 6.9
election of Speaker, unanimous-consent requests regarding,
Sec. Sec. 3.6, 4.3
electronic voting system not used for election of Speaker, Sec. 4
electronic voting system used for second session quorum call,
Sec. Sec. 7, 7.2

CHAPTER 2

Oaths
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Commentary and editing by Max A. Spitzer, J.D., LL.M. and Andrew S.
Neal, J.D.
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Sec. 1. In General; Status of Members-elect and
Delegates-elect

Sec. 2. Presentation of Credentials and the Clerk's
Roll

Sec. 3. Administering the Oath

Sec. 4. Challenging the Right to be Sworn

Oaths

Sec. 1. In General; Status of Members-elect and Delegates-elect

When the House of Representatives first convenes at the beginning
of a new Congress, the membership initially consists only of Members-
elect, and the House must take all necessary steps to make such
individuals full legal Members of the House, with all attendant rights
and privileges. This process consists of four basic steps: (1) the
presentation of individual credentials; (2) the preparation of the
Clerk's roll; (3) the administration of the oath of office to qualified
Members-elect; and (4) the resolution of any challenges to the right to
be sworn. Only after the House has proceeded through these stages can
it begin to fulfill its constitutional duties as a legislative body.
The oath of office is required by article VI, clause 3, of the
Constitution.⁽¹⁾ The form of the oath is prescribed by
statute as follows: ``I, AB, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''⁽²⁾
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1. House Rules and Manual Sec. 196 (2017).
2. 5 U.S.C. Sec. 3331.
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The form of the oath dates from the First Congress in 1789 and was
revised most recently in 1966.⁽³⁾ The procedures for
swearing in Members-elect are thus derived from a combination of
constitutional and statutory requirements as well as traditions and
customs of the House that have evolved over time. Because the oath of
office is administered to Members-elect prior to the adoption of the
standing rules of the House,⁽⁴⁾ the procedures surrounding
the administration of the oath are governed by general parliamentary
law.⁽⁵⁾
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3. P.L. 89-554, 80 Stat. 378.
4. See Deschler's Precedents Ch. 1 and Precedents (Wickham) Ch. 1.
5. For more on general parliamentary law, see Deschler's Precedents
Ch. 1 Sec. Sec. 8, 9; and Precedents (Wickham) Chs. 1, 5.
---------------------------------------------------------------------------

Between the time an individual is elected to the House and the
subsequent swearing in of said individual as a full Member, such person
is accorded the status of Member-elect. Members-elect share many of the
same rights and privileges of full Members, with certain
exceptions.⁽⁶⁾ In order to organize the House, Members-elect
participate in various proceedings prior to being sworn. Constitutional
provisions provide the basis for three authorities exercised by
Members-elect. First, Members-elect participate in the initial quorum
call (by states) at the convening of a new Congress.⁽⁷⁾
Second, Members-elect are entitled to vote for Speaker of the
House.⁽⁸⁾ Finally, Members-elect may demand the yeas and
nays on questions presented to the body prior to the adoption of
standing rules.⁽⁹⁾ All three of these powers may be
exercised by Members-elect prior to being sworn. However, a Member-
elect must present appropriate credentials to the Clerk of the House
for such Member-elect to be included on the Clerk's roll⁽¹⁰⁾
(regardless of whatever challenge may arise regarding a Member-elect's
right to take his or her seat).
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6. For parliamentary inquiries on the differences between a Member-
elect and a full Member, see Deschler's Precedents Ch. 2
Sec. 2.1. Thomas Jefferson, in his Manual of Parliamentary
Practice, described a Member-elect as ``to every extent a
Member except that he cannot vote until sworn.'' House Rules
and Manual Sec. 300 (2017).
7. U.S. Const. art. I, Sec. 5, cl. 1; House Rules and Manual Sec. 46
(2017). See also Deschler's Precedents Ch. 1 Sec. 5.1 and
Precedents (Wickham) Ch. 1 Sec. 3.
8. U.S. Const. art. I, Sec. 2, cl. 5; House Rules and Manual Sec. 26
(2017). See also Deschler's Precedents Ch. 1 Sec. 6 and
Precedents (Wickham) Ch. 1. For parliamentary inquiries
regarding the inability of Delegates-elect to vote for Speaker,
see Precedents (Wickham) Ch. 1 Sec. 3.5.
9. U.S. Const. art. I, Sec. 5, cl. 3; House Rules and Manual Sec. 75
(2017). See also Deschler's Precedents Ch. 1 Sec. 9.2 and
Precedents (Wickham) Ch. 1 Sec. 4.
10. For composing the Clerk's roll of Members-elect, see Sec. 2, infra.
The credentials of Delegates and the Resident Commissioner are
handled differently (for example, the Resident Commissioner is
elected to a four-year term) and are announced by the Clerk
separately.
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Apart from these constitutional authorities, Members-elect possess
certain inherent legislative rights without which the House could not
complete its organizational business. So, for instance, Members-elect
must be permitted to debate propositions, offer resolutions, propose
motions, and raise points of order.⁽¹¹⁾ A Member-elect may
challenge the right of another Member-elect to be sworn, and Members-
elect are permitted to debate a proposition related to their right to a
seat.⁽¹²⁾ Contestants in election cases may also be granted
admission to the floor of the House and the right to debate the issue
of the election contest.⁽¹³⁾ Although Members-elect have
been elected to committees of the House in earlier
times,⁽¹⁴⁾ the modern practice is that only sworn Members
may be elected to committees.⁽¹⁵⁾ On occasion, a committee
election resolution may specify that a certain Member-elect (who has
yet to take the oath of office) is to be elected ``when
sworn.''⁽¹⁶⁾
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11. See Deschler's Precedents Ch. 2 Sec. 2 (footnote 1) (describing the
ability to participate in proceedings at organization as
``unquestioned'' despite an explicit lack of formal rulings on
the issue). For more on what motions or other legislative
actions may be taken prior to the adoption of rules, see
Deschler's Precedents Ch. 1 Sec. Sec. 8, 9 and Precedents
(Wickham) Ch. 5.
12. See Deschler's Precedents Ch. 2 Sec. 2.5.
13. For election contests generally, see Deschler's Precedents Ch. 9
and Precedents (Wickham) Ch. 9. For exercising floor privileges
generally, see Deschler's Precedents Ch. 4 Sec. 4 and
Precedents (Wickham) Ch. 4 Sec. 5.
14. 4 Hinds' Precedents Sec. 4483.
15. House Rules and Manual Sec. 300 (2017). See also 157 Cong. Rec.
227, 112th Cong. 1st Sess. (Jan. 7, 2011).
16. See, e.g., Sec. 1.2, infra.
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By statute, Members-elect are entitled to compensation (salary and
benefits) prior to being sworn.⁽¹⁷⁾ Where a Member-elect has
been unable to take the oath of office (due to incapacitating illness),
the House has adopted a resolution allowing such individual to be
compensated as if sworn.⁽¹⁸⁾ Members routinely request
leaves of absence from the House,⁽¹⁹⁾ but leaves of absence
have also been granted to Members-elect.⁽²⁰⁾ Where a Member-
elect holds an incompatible office at the beginning of a Congress, such
individual may elect to delay taking the oath of office in order to
complete the service for that other office, and such individual is
entitled to compensation as a Member-elect.⁽²¹⁾
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17. 2 U.S.C. Sec. 5301 provides for compensation beginning with the
Member-elect's term until the beginning of the Congress. 2
U.S.C. Sec. 5302 provides for compensation after the Member-
elect has subscribed to the oath of office. Thus, Members-elect
who are elected to fill vacancies are entitled to receive
compensation from the date of their election (pursuant to 2
U.S.C. Sec. 5304) but cannot receive compensation until sworn
under 2 U.S.C. Sec. 5302. See Precedents (Wickham) Ch. 7 for
additional information on Members' compensation.
18. See, Sec. 1.6, infra.
19. 2 U.S.C. Sec. 5306.
20. See, e.g., Sec. 1.8, infra.
21. See Sec. 1.7, infra. See Deschler's Precedents Ch. 7 Sec. 4.6
(describing an early opinion by the Attorney General (14 Op.
Att'y Gen. 406 (1874)) proposing that a Member-elect, who is
legally able to retain that status in addition to holding
another office, may be compensated for both offices
simultaneously). When similar circumstances arose in the
Senate, the Senator-elect involved chose to waive his
congressional salary until sworn. See Deschler's Precedents Ch.
2 Sec. 2.6.
The salary of a Member of Congress is fixed by statute and
therefore cannot be waived without specific statutory
authority. See 30 Op. Att'y Gen. 51, 56.; B-159835, Apr. 22,
1975; B-123424, Mar. 7, 1975; B-206396.2, Nov. 15, 1988
(nondecision letter). However, nothing prevents a Member from
accepting the salary and then donating part or all of it back
to the United States Treasury. GAO Appropriations Law Redbook
6-105. See also Precedents (Wickham) Ch. 7 for additional
information on Members donating part or all of their
compensation.
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Pursuant to law,⁽²²⁾ the Clerk of the House is required
to publish in the House Journal and in the Congressional Record a list
of all individuals who have taken the oath of office as a Member of the
House.⁽²³⁾ Such publication provides public evidence that
such individuals have duly taken the oath of office in accordance with
law.
---------------------------------------------------------------------------
22. 2 U.S.C. Sec. 25.
23. See Sec. 1.1, infra.
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The Member's oath of office should be distinguished from other
types of oaths that Members, officers, or employees of the House may
subscribe to in certain circumstances.⁽²⁴⁾ Pursuant to
clause 13 of rule XXIII⁽²⁵⁾ (originally adopted in the 104th
Congress), Members, officers, and employees must execute an oath of
secrecy before being permitted to access classified information. Copies
of such oaths are retained by either the Clerk (for Members) or the
Sergeant-at-Arms (for officers and employees), and the signatories are
made a matter of public record by the Clerk via publication in the
Congressional Record.⁽²⁶⁾ In addition to weekly publication
of new signatories in the Congressional Record, the Clerk also retains
a cumulative list for public inspection.⁽²⁷⁾ When classified
security briefings are conducted in the Chamber (or elsewhere in the
Capitol complex), the location is appropriately prepared⁽²⁸⁾
and only Members who have taken the oath pursuant to clause 13 of rule
XXIII may attend.⁽²⁹⁾ When the House meets in a secret
session,⁽³⁰⁾ an oath of secrecy is subscribed to by
essential staff who attend such secret session.⁽³¹⁾
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24. For the oath of office administered to elected officers of the
House, see Deschler's Precedents Ch. 6 Sec. 17 and Precedents
(Wickham) Ch. 6.
25. House Rules and Manual Sec. 1095 (2017). Rule XXIII is the Code of
Official Conduct.
26. See Sec. 1.4, infra.
27. House Rules and Manual Sec. 1095 (2017).
28. See Precedents (Wickham) Ch. 4 Sec. 1.
29. See Sec. 1.5, infra.
30. See Deschler's Precedents Ch. 29 Sec. 85 and Precedents (Wickham)
Ch. 1.
31. See 154 Cong. Rec. 4154, 110th Cong. 2d Sess. (Mar. 13, 2008) and
129 Cong. Rec. 19776, 98th Cong. 1st Sess. (July 19, 1983).
---------------------------------------------------------------------------

This chapter focuses on the procedural steps in establishing
individuals as full Members of the House. The reader is encouraged to
refer to other chapters of this work for related topics, such as other
procedural steps at initial assembly of the House (Chapter 1),
elections and election campaigns (Chapter 8), and the procedures
involved in resolving election contests (Chapter 9). The rights and
privileges of Members generally are discussed more fully in Chapter 7.

Form of Oath; Evidence of Administration

Sec. 1.1 Pursuant to law,⁽³²⁾ the Clerk submits for printing
in the House Journal and in the Congressional Record the list of
Members, Delegates, and the Resident Commissioner who have taken
the oath of office required by the Constitution, in the form
prescribed by statute.⁽³³⁾
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32. 2 U.S.C. Sec. 25 reads as follows: ``At the first session of
Congress after every general election of Representatives, the
oath of office shall be administered by any Member of the House
of Representatives to the Speaker; and by the Speaker to all
the Members and Delegates present, and to the Clerk, previous
to entering on any other business; and to the Members and
Delegates who afterward appear, previous to their taking their
seats. The Clerk of the House of Representatives of the
Eightieth and each succeeding Congress shall cause the oath of
office to be printed, furnishing two copies to each Member and
Delegate who has taken the oath of office in accordance with
law, which shall be subscribed in person by the Member or
Delegate, who shall thereupon deliver them to the Clerk, one to
be filed in the records of the House of Representatives, and
the other to be recorded in the Journal of the House and in the
Congressional Record; and such signed copies, or certified
copies thereof, or of either of such records thereof, shall be
admissible in evidence in any court of the United States, and
shall be held conclusive proof of the fact that the signer duly
took the oath of office in accordance with law.''
33. 5 U.S.C. Sec. 3331.
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On September 17, 2015,⁽³⁴⁾ the following notification
from the Clerk was printed in the Congressional Record:
---------------------------------------------------------------------------
34. 161 Cong. Rec. H6134 [Daily Ed.], 114th Cong. 1st Sess. For similar
notifications, see: 145 Cong. Rec. 5771-73, 106th Cong. 1st
Sess. (Mar. 25, 1999); 161 Cong. Rec. H2866 [Daily Ed.], 114th
Cong. 1st Sess. (May 12, 2015); and 161 Cong. Rec. H3999 [Daily
Ed.], 114th Cong. 1st Sess. (June 9, 2015).
---------------------------------------------------------------------------

OATH OF OFFICE--MEMBERS, RESIDENT COMMISSIONER, AND DELEGATES

The oath of office required by the sixth article of the
Constitution of the United States, and as provided by section 2 of
the act of May 13, 1884 (23 Stat. 22), to be administered to
Members, Resident Commissioner, and Delegates of the House of
Representatives, the text of which is carried in 5 U.S.C. 3331:

I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about
to enter. So help me God.
has been subscribed to in person and filed in duplicate with the
Clerk of the House of Representatives by the following Members of
the 106th Congress, pursuant to the provisions of 2 U.S.C. 25.

DARIN LAHOOD, Eighteenth District of Illinois

Election to Committees

Sec. 1.2 The House adopted two privileged resolutions offered by the
chairs of the Democratic Caucus and the Republican Conference,
respectively; (1) electing Members and Delegates to standing
committees; (2) electing Members-elect only when
sworn;⁽³⁵⁾ and (3) electing some for the first session
only.
---------------------------------------------------------------------------
35. Parliamentarian's Note: Although Members-elect have been elected to
standing committees in the past (see, e.g., 4 Hinds' Precedents
Sec. Sec. 4477, 4483, and Deschler's Precedents Ch. 2
Sec. 2.2), clause 5(b)(1) of rule X provides that only (sworn)
Members who continue their affiliation with a party caucus may
serve on standing committees. See House Rules and Manual
Sec. 760 (2017). As shown here, resolutions electing Members to
standing committees may include language conditioning the
election of Members-elect on such Members-elect taking the oath
of office. For more on electing Members to committees, see
Deschler's Precedents Ch. 17 Sec. 9 and Precedents (Wickham)
Ch. 17.
---------------------------------------------------------------------------

On January 6, 1983,⁽³⁶⁾ the following committee election
resolutions were agreed to:
---------------------------------------------------------------------------
36. 129 Cong. Rec. 132-34, 98th Cong. 1st Sess. House Rules and Manual
Sec. 300 (2017). See also: H. Res. 9, 133 Cong. Rec. 20, 100th
Cong. 1st Sess. (Jan. 6, 1987); H. Res. 8, 139 Cong. Rec. 101,
103d Cong. 1st Sess. (Jan. 5, 1993); and H. Res. 13, 143 Cong.
Rec. 145, 105th Cong. 1st Sess. (Jan. 7, 1997). For an instance
in which a privileged resolution called up by the chair of the
Democratic Caucus electing minority Members to standing
committees included eight Members-elect who had not yet taken
the oath of office, see 161 Cong. Rec. H28 [Daily Ed.], 114th
Cong. 1st Sess. (Jan. 6, 2015).
---------------------------------------------------------------------------

ELECTION OF MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE

Mr. [Gillis] LONG of Louisiana. Mr. Speaker, as Chairman of the
Democratic Caucus and on the authority and by direction of the
Democratic Caucus, I send to the desk a privileged resolution (H.
Res. 26) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 26

Resolved, That the following named Members, Members-elect, Delegates and
Resident Commissioner be, and they are hereby, elected (Members-elect
effective when sworn) to the following standing committees of the House of
Representatives:

Committee on Agriculture: E de la Garza, Texas (chairman); Thomas S.
Foley, Washington; Walter B. Jones, North Carolina; Ed Jones, Tennessee;
George E. Brown, Jr., . . .

Committee on Foreign Affairs: Clement J. Zablocki, Wisconsin (chairman);
Dante B. Fascell, Florida; Lee H. Hamilton, Indiana; . . . and Robert
Garcia, New York (effective only forthe First Session of the 98th
Congress).

Committee on Post Office and Civil Service: William D. Ford, Michigan
(chairman);Morris K. Udall, Arizona; William (Bill) Clay, Missouri;
Patricia Schroeder, Colorado; . . . Ronald V. Dellunes, California
(effective only for the First Session of the 98th Congress); Thomas A.
Daschle, South Dakota (effective only for the First Session of the 98th
Congress); Ron de Lugo, Virgin Islands (effective only for the First
Session of the 98th Congress); Charles E. Schumer, New York (effective only
for the First Session of the 98th Congress); and Douglas H. Bosco,
California (effective only for the First Session of the 98th Congress).

Mr. LONG of Louisiana. Mr. Speaker, this is the usual
resolution at the beginning of each Congress designating members of
the standing committees of the House. Committee assignments
contained in the resolution have been approved by the Democratic
Caucus.
I have no requests for time and I move the previous question on
the resolution.
The SPEAKER.⁽³⁷⁾ Without objection, the previous
question is ordered on the resolution.
---------------------------------------------------------------------------
37. Thomas O'Neill (MA).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

ELECTION OF MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE

Mr. [Jack] KEMP [of New York]. Mr. Speaker, by direction of the
Republican Conference, I send to the desk a privileged resolution
(H. Res. 27) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 27

Resolved, That the following named Members and Members-elect be, and they
are hereby, elected (Members-elect effective when sworn) to the following
standing committees of the House of Representatives:

Committee on Agriculture: Edward R. Madigan, Illinois; James J. Jeffords,
Vermont; E. Thomas Coleman, Missouri; Ron Marlenee, Montana; Larry J.
Hopkins, Kentucky; George Hansen, Idaho; Arlan Stangeland, Minnesota; Pat
Roberts, Kansas; Bill Emerson, Missouri; Joe Skeen, New Mexico; Sid
Morrison, Washington; Steve Gunderson, Wisconsin; Cooper Evans, Iowa; Gene
Chappie, California; and Webb Franklin, Mississippi. . . .

Sec. 1.3 A Member-elect who has not yet taken the oath is elected to
committees ``when sworn.''

On January 6, 1999,⁽³⁸⁾ the following committee election
resolutions were agreed to:
---------------------------------------------------------------------------
38. 147 Cong. Rec. 235-37, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

ELECTION OF MAJORITY MEMBERS TO CERTAIN STANDING COMMITTEES OF
THE HOUSE

Mr. [Julius Caesar (J.C.)] WATTS of Oklahoma. Mr. Speaker, by
direction of the Republican Conference, I offer a privileged
resolution (H. Res. 6) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 6

Resolved, That the following named Members be, and are hereby elected to
serve on standing committees as follows:

Committee on Agriculture: Mr. Combest, Chairman; Mr. Barrett of Nebraska;
Mr. Boehner; Mr. Ewing; Mr. Goodlatte; Mr. Pombo; Mr. Canady; Mr. Smith of
Michigan; Mr. Everett; Mr. Lucas of Oklahoma; Mrs. Chenoweth; Mr.
Hostettler; Mr. Chambliss; Mr. LaHood; Mr. Moran of Kansas; Mr. Schaffer;
Mr. Thune; Mr. Jenkins; Mr. Cooksey; Mr. Calvert; Mr. Gutknecht; Mr. Riley;
Mr. Walden; Mr. Simpson; Mr. Ose; Mr. Hayes; and Mr. Fletcher. . . .

Committee on International Relations: Mr. Gilman, Chairman; Mr. Goodling;
Mr. Leach; Mr. Hyde; Mr. Bereuter; Mr. Smith of New Jersey; Mr. Burton of
Indiana; Mr. Gallegly (when sworn); Ms. Ros-Lehtinen; Mr. Ballenger; Mr.
Rohrabacher; Mr. Manzullo; Mr. Royce; Mr. King; Mr. Chabot; Mr. Sanford;
Mr. Salmon; Mr. Houghton; Mr. Campbell; Mr. McHugh; Mr. Brady of Texas; Mr.
Burr of North Carolina; Mr. Gillmor; Mr. Radanovich; Mr. Cooksey; and Mr.
Tancredo.

Committee on the Judiciary: Mr. Hyde, Chairman; Mr. Sensenbrenner; Mr.
McCollum; Mr. Gekas; Mr. Coble; Mr. Smith of Texas; Mr. Gallegly (when
sworn); Mr. Canady; Mr. Goodlatte; Mr. Buyer; Mr. Bryant; Mr. Chabot; Mr.
Barr of Georgia; Mr. Jenkins; Mr. Hutchinson; Mr. Pease; Mr. Cannon; Mr.
Rogan; Mr. Graham; and Mrs. Bono.

Committee on Resources: Mr. Young of Alaska, Chairman; Mr. Tauzin; Mr.
Hansen; Mr. Saxton; Mr. Gallegly (when sworn); Mr. Duncan; Mr. Hefley; Mr.
Doolittle; Mr. Gilchrest; Mr. Calvert; Mr. Pombo; Mrs. Cubin; Mrs.
Chenoweth; Mr. Radanovich; Mr. Jones; Mr. Thornberry; Mr. Cannon; Mr. Brady
of Texas; Mr. Peterson of Pennsylvania; Mr. Hill of Montana; Mr. Schaffer;
Mr. Gibbons; Mr. Sounder; Mr. Walden; Mr. Sherwood; Mr. Hayes; Mr. Simpson,
and Mr. Tancredo. . . .

Mr. WATTS of Oklahoma (during the reading). Mr. Speaker, I ask
unanimous consent that the resolution be considered as read and
printed in the Record.
The SPEAKER pro tempore.⁽³⁹⁾ Is there objection to
the request of the gentleman from Oklahoma?
---------------------------------------------------------------------------
39. Ray H. LaHood (IL).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

ELECTION OF MINORITY MEMBERS, DELEGATES, AND RESIDENT
COMMISSIONER TO CERTAIN STANDING COMMITTEES OF THE HOUSE

Mr. [Jonas] FROST [of Texas]. Mr. Speaker, by direction of the
Democratic Caucus, I offer a privileged resolution (H. Res. 7) and
ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 7

Resolved, That the following named Members, Delegates and the Resident
Commissioner be, and are hereby, elected to serve on standing committees as
follows:

Committee on Agriculture: Mr. Stenholm, Texas; Mr. Brown, California; Mr.
Condit, California; Mr. Peterson, Minnesota; Mr. Dooley, California; Mrs.
Clayton, North Carolina; Mr. Minge, Minnesota; Mr. Hillard, Alabama; Mr.
Pomeroy, North Dakota; Mr. Holden, Pennsylvania; Mr. Bishop, Georgia; Mr.
Thompson, Mississippi; Mr. Baldacci, Maine; Mr. Berry, Arkansas; Mr. Goode,
Virginia; Mr. McIntyre, North Carolina; Ms. Stabenow, Michigan; Mr.
Etheridge, North Carolina; Mr. John, Louisiana; Mr. Boswell, Iowa; Mr.
Phelps, Illinois; Mr. Lucas, Kentucky; and Mr. Thompson, California.

Committee on Appropriations: Mr. Obey, Wisconsin; Mr. Murtha,
Pennsylvania; Mr. Dicks, Washington; Mr. Sabo, Minnesota; Mr. Dixon,
California; Mr. Hoyer, Maryland (When Sworn); Mr. Mollohan, West Virginia
(When Sworn); Ms. Kaptur, Ohio; Ms. Pelosi, California; Mr. Visclosky,
Indiana; Mrs. Lowey, New York; Mr. Serrano, New York; Ms. DeLauro,
Connecticut; Mr. Moran, Virginia; Mr. Olver, Massachusetts; Mr. Pastor,
Arizona; Mrs. Meek, Florida; Mr. Price, North Carolina; Mr. Edwards, Texas;
Mr. Cramer, Alabama; Mr. Clyburn, South Carolina; Mr. Hinchey, New York;
Ms. Roybal-Allard, California; Mr. Farr, California (When Sworn); Mr.
Jackson, Illinois; Ms. Kilpatrick, Michigan; Mr. Boyd, Florida. . . .

Committee on Education and the Workforce: Mr. Clay, Missouri; Mr. George
Miller, California (when sworn); Mr. Kildee, Michigan; Mr. Martinez,
California; Mr. Owens, New York; Mr. Payne, New Jersey; Mrs. Mink, Hawaii;
Mr. Andrews, New Jersey; Mr. Roemer, Indiana; Mr. Scott, Virginia; Ms.
Woolsey, California; Mr. Romero-Barcelo, Puerto Rico; Mr. Fattah,
Pennsylvania; Mr. Hinojosa, Texas; Mrs. McCarthy, New York; Mr. Tierney,
Massachusetts; Mr. Kind, Wisconsin; Ms. Sanchez, California; Mr. Ford,
Tennessee; Mr. Kucinich, Ohio; Mr. Wu, Oregon; Mr. Holt, New Jersey.

Committee on Government Reform: Mr. Waxman, California; Mr. Lantos,
California; Mr. Wise, West Virginia; Mr. Owens, New York; Mr. Towns, New
York; Mr. Kanjorski, Pennsylvania; Mr. Condit, California; Mrs. Mink,
Hawaii; Mrs. Maloney, New York; Mrs. Norton, District of Columbia; Mr.
Fattah, Pennsylvania; Mr. Cummings, Maryland; Mr. Kucinich, Ohio; Mr.
Blagojevich, Illinois; Mr. Davis, Illinois; Mr. Tierney, Massachusetts; Mr.
Turner, Texas; Mr. Allen, Maine, Mr. Ford, Tennessee.

Committee on House Administration: Mr. Hoyer, Maryland (When Sworn). . .

Committee on Resources: Mr. George Miller, California (When Sworn); Mr.
Rahall, West Virginia; Mr. Vento, Minnesota; Mr. Kildee, Michigan; Mr.
DeFazio, Oregon; Mr. Faleomavaega, American Samoa; Mr. Abercrombie; Hawaii;
Mr. Ortiz, Texas; Mr. Pickett, Virginia; Mr. Pallone, New Jersey; Mr.
Dooley, California; Mr. Romero-Barcelo, Puerto Rico; Mr. Underwood, Guam;
Mr. Kennedy, Rhode Island; Mr. Smith, Washington; Mr. Delahunt,
Massachusetts; Mr. John, Louisiana; Ms. Christian-Green, Virgin Islands;
Mr. Kind, Wisconsin; Mr. Inslee, Washington; Ms. Napolitano, California;
Mr. Udall, New Mexico; Mr. Udall, Colorado; Mr. Crowley, New York. . . .

Committee on Ways and Means: Mr. Rangel, New York; Mr. Stark (When
Sworn); California; Mr. Matsui, California; Mr. Coyne, Pennsylvania; Mr.
Levin, Michigan; Mr. Cardin, Maryland; Mr. McDermott, Washington; Mr.
Kleczka, Wisconsin; Mr. Lewis, Georgia; Mr. Neal, Massachusetts; Mr.
McNulty, New York; Mr. Jefferson, Louisiana; Mr. Tanner, Tennessee; Mr.
Becerra, California; Ms. Thurman, Florida; Mr. Doggett, Texas.

Permanent Select Committee on Intelligence: Mr. Dixon, California.

Mr. FROST (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Other Types of Oaths Distinguished

Sec. 1.4 Pursuant to clause 13 of rule XXIII,⁽⁴⁰⁾ the Clerk
publishes the names of Members who have signed the oath required
for access to classified information.⁽⁴¹⁾
---------------------------------------------------------------------------
40. House Rules and Manual Sec. 1095 (2017).
41. Parliamentarian's Note: This publication requirement was added in
the 107th Congress. H. Res. 5, 147 Cong. Rec. 24-26, 107th
Cong. 1st Sess. (Jan. 3, 2001).
---------------------------------------------------------------------------

On February 14, 2001,⁽⁴²⁾ the following was published in
the Congressional Record:
---------------------------------------------------------------------------
42. 147 Cong. Rec. 2044, 2045, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

OATH FOR ACCESS TO CLASSIFIED INFORMATION

Under clause 13 of rule XXIII, the following Members executed
the oath for access to classified information:

Neil Abercrombie, Anibal Acevedo-Vila, Gary L. Ackerman, Robert B.
Aderholt, W. Todd Akin, Robert E. Andrews, Richard K. Armey, Spencer
Bachus, Brian Baird, Richard H. Baker, John Elias E. Baldacci, Tammy
Baldwin, Cass Ballenger, Bob Barr, Roscoe G. Bartlett, Joe Barton, Charles
F. Bass, Ken Bentsen, Doug Bereuter, Shelley Berkley, Howard L. Berman,
Judy Biggert, Michael Bilirakis, Rod R. Blagojevich, Roy Blunt, Sherwood L.
Boehlert, John A. Boehner, Henry Bonilla, David E. Bonior, Robert A.
Borski, Leonard L. Boswell, Rick Boucher, Kevin Brady, Robert A. Brady,
Corrine Brown, Sherrod Brown, Henry E. Brown, Jr., Ed Bryant, Richard Burr,
Dan Burton, Steve Buyer, Sonny Callahan, Ken Calvert, Dave Camp, Chris
Cannon, Eric Cantor, Shelley Moore Capito, Lois Capps, Benjamin L. Cardin,
Brad Carson, Michael N. Castle, Steve Chabot, Saxby Chambliss, Wm. Lacy
Clay, Eva M. Clayton, Howard Coble, Mac Collins, Larry Combest, Gary A.
Condit, Christopher Cox, William J. Coyne, Philip P. Crane, Ander Crenshaw,
Joseph Crowley, Barbara Cubin, John Abney Culberson, Randy ``Duke''
Cunningham, Danny K. Davis, Jo Ann Davis, Thomas M. Davis, Nathan Deal,
Peter A. DeFazio, Diana DeGette, William D. Delahunt, Rosa L. DeLauro, Tom
DeLay, Jim DeMint, Peter Deutsch, Lincoln Diaz-Balart, Norman D. Dicks,
John D. Dingell, Lloyd Doggett, Calvin M. Dooley, John T. Doolittle,
Michael F. Doyle, David Dreier, John J. Duncan, Jr., Jennifer Dunn, Chet
Edwards, Vernon J. Ehlers, Robert L. Ehrlich, Jr., Jo Ann Emerson, Eliot L.
Engel, Phil English, Lane Evans, Terry Everett, Sam Farr, Mike Ferguson,
Jeff Flake, Ernie Fletcher, Mark Foley, Vito Fossella, Barney Frank, Rodney
P. Frelinghuysen, Martin Frost, Elton Gallegly, Greg Ganske, George W.
Gekas, Richard A. Gephardt, Jim Gibbons, Wayne T. Gilchrest, Paul E.
Gillmor, Benjamin A. Gilman, Charles A. Gonzalez, Virgil H. Goode, Jr., Bob
Goodlatte, Bart Gordon, Porter J. Goss, Lindsey O. Graham, Kay Granger, Sam
Graves, Gene Green, Mark Green, James C. Greenwood, Felix J. Grucci, Jr.,
Gil Gutknecht, Tony P. Hall, James V. Hansen, Jane Harman, Melissa A. Hart,
J. Dennis Hastert, Alcee L. Hastings, Doc Hastings, Robin Hayes, J. D.
Hayworth, Joel Hefley, Wally Herger, Van Hilleary, Earl F. Hilliard,
Maurice D. Hinchey, David L. Hobson, Joseph M. Hoeffel, Peter Hoekstra,
Rush D. Holt, Michael M. Honda, Darlene Hooley, Stephen Horn, John N.
Hostettler, Amo Houghton, Steny H. Hoyer, Kenny C. Hulshof, Asa Hutchinson,
Henry J. Hyde, Jay Inslee, Johnny Isakson, Steve Israel, Darrell E. Issa,
Ernest J. Istook, Jr., Jesse L. Jackson, Jr., Sheila Jackson-Lee, William
J. Jefferson, William L. Jenkins, Christopher John, Eddie Bernice Johnson,
Nancy L. Johnson, Sam Johnson, Timothy V. Johnson, Stephanie Tubbs Jones,
Walter B. Jones, Paul E. Kanjorski, Marcy Kaptur, Ric Keller, Sue W. Kelly,
Mark R. Kennedy, Patrick J. Kennedy, Brian D. Kerns, Dale E. Kildee, Ron
Kind, Peter T. King, Jack Kingston, Mark Steven Kirk, Gerald D. Kleczka,
Joe Knollenberg, Jim Kolbe, Dennis J. Kucinich, Ray H. LaHood, Nick
Lampson, James R. Langevin, Steve Largent, John B. Larson, Tom Latham,
Steven C. LaTourette, James A. Leach, Barbara Lee, Sander M. Levin, Jerry
Lewis, John Lewis, Ron Lewis, John Linder, William O. Lipinski, Frank A.
LoBiondo, Zoe Lofgren, Nita M. Lowey, Frank D. Lucas, Ken Lucas, Bill
Luther, Carolyn B. Maloney, James H. Maloney, Donald A. Manzullo, Edward J.
Markey, Frank Mascara, Robert T. Matsui, Carolyn McCarthy, Jim McCrery,
John McHugh, Scott McInnis, Howard P. McKeon, Michael R. McNulty, Martin T.
Meehan, Carrie P. Meek, Gregory W. Meeks, John L. Mica, Dan Miller, Gary G.
Miller, Patsy T. Mink, John Joseph Moakley, Alan B. Mollohan, Dennis Moore,
James P. Moran, Jerry Moran, Constance A. Morella, John P. Murtha, Sue
Wilkins Myrick, Jerrold Nadler, George R. Nethercutt, Jr., Robert W. Ney,
Anne M. Northup, Charlie Norwood, Jim Nussle, James L. Oberstar, David R.
Obey, John W. Olver, Tom Osborne, Doug Ose, C. L. Otter, Michael G. Oxley,
Frank Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, Nancy Pelosi, Mike
Pence, Collin C. Peterson, John E. Peterson, Thomas E. Petri, David D.
Phelps, Charles W. Pickering, Joseph R. Pitts, Todd Russell Platts, Richard
W. Pombo, Rob Portman, Deborah Pryce, Adam H. Putnam, Jack Quinn, George
Radanovich, Nick J. Rahall, II, Jim Ramstad, Charles B. Rangel, Ralph
Regula, Dennis R. Rehberg, Silvestre Reyes, Thomas M. Reynolds, Bob Riley,
Lynn N. Rivers, Ciro D. Rodriguez, Tim Roemer, Harold Rogers, Mike Rogers,
Dana Rohrabacher, Ileana Ros-Lehtinen, Steven R. Rothman, Marge Roukema,
Edward R. Royce, Bobby L. Rush, Paul Ryan, Jim Ryun, Martin Olav Sabo,
Loretta Sanchez, Bernard Sanders, Max Sandlin, Tom Sawyer, Jim Saxton, Joe
Scarborough, Bob Schaffer, Janice D. Schakowsky, Adam B. Chiffon, Edward L.
Schlock, F. James Ensemble, Jr., Jose E. Serrano, Pete Sessions, John B.
Shadegg, E. Clay Shaw, Jr., Christopher Shays, Brad Sherman, Don Sherwood,
John Shimkus, Ronnie Shows, Rob Simmons, Michael K. Simpson, Joe Skeen, Ike
Skelton, Louise McIntosh Slaughter, Christopher H. Smith, Lamar S. Smith,
Nick Smith, Vic Snyder, Mark E. Souder, Floyd Spence, John N. Spratt, Jr.,
Cliff Stearns, Charles W. Stenholm, Bob Stump, Bart Stupak, John E. Sununu,
John E. Sweeney, Thomas G. Tancredo, Ellen O. Tauscher, W. J. (Billy)
Tauzin, Charles H. Taylor, Lee Terry, William M. Thomas, Bennie G.
Thompson, Mike Thompson, Mac Thornberry, John R. Thune, Karen L. Thurman,
Todd Tiahrt, Patrick J. Tiberi, John F. Tierney, Patrick J. Toomey, James
A. Traficant, Jr., Mark Udall, Robert A. Underwood, Fred Upton, Peter J.
Visclosky, David Vitter, Greg Walden, James T. Walsh, Zach Wamp, Maxine
Waters, Wes Watkins, J.C. Watts, Jr., Henry A. Waxman, Curt Weldon, Dave
Weldon, Jerry Weller, Ed Whitfield, Roger F. Wicker, Heather Wilson, Frank
R. Wolf, Lynn C. Woolsey, Albert Russell Wynn, C.W. Bill Young, Don Young.

Sec. 1.5 The Chair announced that a classified briefing⁽⁴³⁾
for Members would be presented in the Chamber of the House during a
recess to be declared under clause 12 of rule I.⁽⁴⁴⁾
---------------------------------------------------------------------------
43. Parliamentarian's Note: The Parliamentarian prepared the following
announcement for the Speaker to make at the start of the
briefing: ``The Chair would remind all Members that under the
Code of Official Conduct Members are not allowed access to
classified information before they have executed the oath
embodied in clause 13 of rule XXIII (House Rules and Manual
Sec. 1095 (2017)). That oath is currently available in the
Chamber for Members to execute, and the Clerk has maintained a
list of those Members who have yet to execute it. As always,
Members are not to disclose classified information imparted
during this briefing during the forthcoming debate in the House
or in any other unauthorized manner. Members are reminded to
disable all electronic devices.'' For other instances of closed
security briefings for Members, see Precedents (Wickham) Ch. 1
Sec. 10.
44. House Rules and Manual Sec. 638 (2017).
---------------------------------------------------------------------------

On September 12, 2001 (legislative day of September 11,
2001),⁽⁴⁵⁾ the Chair made the following announcement
regarding a security briefing to take place during a recess of the
House:
---------------------------------------------------------------------------
45. 147 Cong. Rec. 16761, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore (Mr. [Ray] LaHood [of Illinois]). The
Chair desires to announce that following the declaration of recess
today, Members are invited to attend a classified briefing here in
the Chamber during the
recess. -------------------

RECESS

The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the
Chair declares the House in recess subject to the call of the
Chair, and the Chamber will be cleared of all unauthorized
personnel or guests.
Accordingly (at 11 o'clock and 25 minutes a.m.), the House
stood in recess subject to the call of the Chair.

Salary and Compensation

Sec. 1.6 By unanimous consent, the House considered and agreed to a
resolution authorizing the Clerk: (1) to pay compensation from the
contingent fund in lieu of salary to a Member-elect who was unable
to take the oath of office due to illness;⁽⁴⁶⁾ and (2)
to designate clerk-hire employees of that Member-elect to be
compensated at present salaries until a successor were elected to
fill a possible vacancy.
---------------------------------------------------------------------------
46. Parliamentarian's Note: The House may declare the seat of a Member-
elect vacant where a Member-elect is not able to take the oath
or resign due to an incapacitating illness. Gladys Noon
Spellman, of Maryland, was elected to the 97th Congress. At the
convening of that Congress, Member-elect Spellman was in a coma
and unable to take the oath or resign. The House adopted by
voice vote a resolution declaring the seat vacant on February
24, 1981. See 127 Cong. Rec. 2917, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

On January 27, 1981,⁽⁴⁷⁾ the following resolution was
adopted by the House:
---------------------------------------------------------------------------
47. 127 Cong. Rec. 974, 975, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

COMPENSATION IN LIEU OF SALARY TO THE HONORABLE GLADYS NOON
SPELLMAN

Mr. [Gillis] LONG of Louisiana. Mr. Speaker, I send to the desk
a resolution (H. Res. 41) relating to compensation in lieu of
salary to Gladys Noon Spellman, and ask unanimous consent for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 41

Resolved, That, from the contingent fund of the House of Representatives,
the Clerk of the House of Representatives shall, at the end of each month
pay as compensation in lieu of salary to Gladys Noon Spellman an amount
equal to the compensation which would be payable in accordance with section
39 of the Revised Statutes (2 U.S.C. 35) but for her inability to subscribe
to the oath of office. The Clerk shall deduct from any such payment the
amounts necessary to provide for continued (1) health and life insurance
and retirement benefit coverage and (2) Federal and State income tax
withholding.

Sec. 2. (a) Until otherwise provided by law or by action of the House of
Representatives, administrative support may be provided and clerical
assistants for the office of Gladys Noon Spellman may be designated and
adjusted by the Clerk of the House of Representatives (in accordance with
any regulations prescribed under subsection (b)) and borne upon the clerk
hire payrolls of the House of Representatives. The Clerk shall take such
action as may be necessary to apply the principles of section 2 of the
joint resolution entitled ``Joint resolution relating to the continuance on
the payrolls of certain employees in cases of death or resignation of
Members of the House of Representatives, Delegates, and Resident
Commissioners.'', approved August 21, 1935 (2 U.S.C. 92c), to clerical
assistants employed pursuant to the preceding sentence.

(b) The Committee on House Administration shall have authority to
prescribe regulations for the carrying out of this section.

(c) Payments under this section shall be made on vouchers approved by the
Committee on House Administration and signed by the chairman of such
committee.

The SPEAKER pro tempore.⁽⁴⁸⁾ Is there objection to
the request of the gentleman from Louisiana? . . .
---------------------------------------------------------------------------
48. Thomas Foley (WA).
---------------------------------------------------------------------------

Mr. [Trent] LOTT [of Mississippi]. All right. Would this in any
way affect the proxy voting in subcommittees or committees, this
resolution?
Mr. LONG of Louisiana. I am informed that because of the fact
that the Member has not been sworn in, there would be no voting
rights in this instance.
Mr. LOTT. I thank the gentleman. . . .
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Louisiana?
There was no objection.
The resolution was agreed to.

Sec. 1.7 The administration of the oath of office to a Member-elect was
delayed pending his resignation from an incompatible
office.⁽⁴⁹⁾
---------------------------------------------------------------------------
49. Parliamentarian's Note: Rep. J.C. Watts of Oklahoma was not sworn
on opening day as he held an incompatible office at that time
(Corporation Commissioner, a state elective office). Rep. Watts
was advised that he would become entitled to pay from the
beginning of the Congress after taking the oath of office (14
Op. Att'y Gen. 408 (1874)). For more information on the issue
of incompatible offices, see Deschler's Precedents Ch. 7
Sec. 13 and Precedents (Wickham) Ch. 7.
---------------------------------------------------------------------------

On January 9, 1995,⁽⁵⁰⁾ five days after the convening of
the Congress, the following occurred:
---------------------------------------------------------------------------
50. 141 Cong. Rec. 842, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF THE HONORABLE J.C. WATTS

The SPEAKER.⁽⁵¹⁾ Will the Honorable J.C. Watts of
Oklahoma kindly step forward and take the oath of office.
---------------------------------------------------------------------------
51. Newt Gingrich (GA).
---------------------------------------------------------------------------

Mr. [J.C.] WATTS of Oklahoma appeared at the bar of the House
and took the following oath of office:

The SPEAKER. Congratulations. The gentleman from Oklahoma is a
Member of the U.S. House of Representatives.

Sec. 1.8 The House by unanimous consent granted a leave of
absence⁽⁵²⁾ to a Member-elect who had not been
administered the oath of office.
---------------------------------------------------------------------------
52. For more information on Members' salaries and leaves of absence,
see Deschler's Precedents Ch. 7 Sec. 5 and Precedents (Wickham)
Ch. 7.
---------------------------------------------------------------------------

On January 5, 2011,⁽⁵³⁾ the first day of the 112th
Congress, the following occurred:
---------------------------------------------------------------------------
53. 157 Cong. Rec. 106, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted to:
Mr. DeFazio (at the request of Ms. Pelosi) for today on account
of official business in the district.

Sec. 2. Presentation of Credentials and the Clerk's Roll

The procedures for enrolling Members on opening day of a new
Congress derive from constitutional and statutory provisions, as well
as general parliamentary law and the customs and traditions of the
House.⁽¹⁾ The first step in this process is the presentation
of appropriate credentials from state election officials. These
credentials take the form of a specific document known as the
certificate of election, which is certified by a state executive
official and attests that the individual named was duly elected to the
House.⁽²⁾ Certificates of election are transmitted to the
Clerk of the House and may arrive any time between the election and the
opening of the new Congress. The Clerk gathers together such
certificates and uses them to compose a roll of Members-
elect.⁽³⁾
---------------------------------------------------------------------------
1. For organizational steps at the beginning of a Congress, see
generally Deschler's Precedents Ch. 1 and Precedents (Wickham)
Ch. 1.
2. For more on certificates of election generally, see Deschler's
Precedents Ch. 8 Sec. Sec. 15-17.
3. 2 U.S.C. Sec. 26. In the absence or incapacity of the Clerk, the
duty of composing the roll of Members-elect devolves to the
Sergeant-at-Arms. For an example of the Doorkeeper (a position
abolished in the 104th Congress) assuming these functions in
the absence of both the Clerk and the Sergeant-at-Arms, see
Deschler's Precedents Ch. 2 Sec. 4.2.
---------------------------------------------------------------------------

The Clerk generally will not include a Member-elect on the Clerk's
roll if such individual is not supported by a certificate of
election.⁽⁴⁾ The Clerk may review state law to determine if
the certificate is in proper form and validly issued.⁽⁵⁾ On
occasion, certificates of election have not been transmitted to the
Clerk in time for the Members-elect to be included on the Clerk's roll
on opening day. In such circumstances, the House has, by unanimous
consent, permitted the individuals to be included in the roll (where
there was no controversy as to the election, the delay in transmitting
credentials being a purely administrative matter).⁽⁶⁾ If a
notice of an election contest has been filed, but the Member-elect
appears with proper credentials, such Member-elect will be included on
the Clerk's roll, without prejudice to the final determination as to
which individual is entitled to that seat.⁽⁷⁾
---------------------------------------------------------------------------
4. Parliamentarian's Note: For the last known instance of the Clerk
including a Member-elect on the Clerk's roll without having
received a certificate of election (but having received a
communication from the Governor regarding an issue of state
election law), see Deschler's Precedents Ch. 2 Sec. 4.4.
5. See, e.g., Deschler's Precedents Ch. 2 Sec. 4.3.
6. See Sec. Sec. 2.1, 2.2, infra.
7. For parliamentary inquiries on this issue, see Sec. 2.3, infra.
---------------------------------------------------------------------------

When a Member-elect dies before the new Congress convenes, such
Member-elect's name remains on the Clerk's roll, and is only removed
therefrom after the initial quorum call and a subsequent announcement
by the Clerk that a vacancy exists for that congressional
seat.⁽⁸⁾ Similarly, a Member-elect who declines to take a
seat (i.e., resigns as a Member-elect for the upcoming Congress)
remains on the Clerk's roll until formal notification of such
resignation can be laid before the House and the vacancy
announced.⁽⁹⁾
---------------------------------------------------------------------------
8. See Sec. 2.4, infra. See also Deschler's Precedents Ch. 2 Sec. 4.7.
For contrary instances where the Clerk removed a Member-elect's
name from the roll upon notification of the death of said
Member-elect, see Deschler's Precedents Ch. 2 Sec. Sec. 4.6,
4.8, and 4.9.
9. See Sec. 2.5, infra.
---------------------------------------------------------------------------

The Clerk's roll lists Members-elect alphabetically by state, and
is called only once, at the beginning of a new Congress, to establish a
quorum.⁽¹⁰⁾ Once this initial quorum is established, the
House may then proceed to the organization of the House. The Clerk's
roll serves as the formal list of those individuals authorized to
participate in those additional steps of organization, which include
the election of the Speaker and proceedings prior
thereto.⁽¹¹⁾
---------------------------------------------------------------------------
10. See Deschler's Precedents Ch. 1 Sec. 5.1 and Deschler's Precedents
Ch. 2 Sec. 4.1.
11. See Deschler's Precedents Ch. 1 Sec. 6.1.
---------------------------------------------------------------------------

Composing the Clerk's Roll

Sec. 2.1 At the beginning of a Congress, Members-elect from a state
have been permitted, by unanimous consent, to record their presence
during the first quorum call and to vote for the Speaker, where
certificates of election had not been received by the Clerk (due to
state administrative delay in certifications of all elections in
that state) and there was no contest with respect to such
elections.⁽¹²⁾
---------------------------------------------------------------------------
12. Parliamentarian's Note: The Secretary of State for the state of
Alabama withheld the certificates of election for the entire
delegation until a contested state-level election was resolved.
In lieu of the certificates, the Secretary of State sent a
letter unofficially informing the House that the members of the
delegation had received a majority of votes. The official
certificates of election were not received until a month later.
Unanimous consent was required to permit the delegation to
participate in the quorum call and to vote for the Speaker
because a Member-elect has the right to be included on the
Clerk's roll only if a certificate of election, in due form, is
on file with the Clerk; and only those Members who names appear
on the Clerk's roll are entitled to vote for a new Speaker or
to participate in organizational proceedings prior to the
administration of the oath. A claimant not on the roll,
however, may take the oath and be admitted to membership. See
Deschler's Precedents Ch. 2 Sec. 2.
---------------------------------------------------------------------------

For the January 4, 1995,⁽¹³⁾ proceedings, see Precedents
(Wickham) Ch. 1 Sec. 3.6.
---------------------------------------------------------------------------
13. 141 Cong. Rec. 439, 446, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 2.2 Where the official certificate of election for a Member-elect
is not received by the Clerk prior to the opening of a new
Congress, thus preventing such Member-elect from being included on
the Clerk's roll, unanimous consent is required to allow such
Member-elect to register his or her presence during the initial
quorum call and to vote for Speaker.⁽¹⁴⁾
---------------------------------------------------------------------------
14. Parliamentarian's Note: Rep. Patsy Mink of Hawaii died on September
28, 2002, but was reelected posthumously to the 108th Congress.
Ed Case won the special election on January 4, 2003, to fill
the vacancy caused by her death, but the certificate of
election had not been received by the Clerk in time to be
included on the Clerk's roll.
---------------------------------------------------------------------------

On January 7, 2003,⁽¹⁵⁾ the following occurred:
---------------------------------------------------------------------------
15. 149 Cong. Rec. 1, 108th Cong. 1st Sess. See also Precedents
(Wickham) Ch. 1 Sec. 4.3.
---------------------------------------------------------------------------

The CLERK.⁽¹⁶⁾ Representatives-elect, this is the
day fixed by the 20th amendment to the Constitution and Public Law
107-328 for the meeting of the 108th Congress and, as the law
directs, the Clerk of the House has prepared the official roll of
the Representatives-elect.
---------------------------------------------------------------------------
16. Jeff Trandahl.
---------------------------------------------------------------------------

Certificates of election covering 434 seats in the 108th
Congress have been received by the Clerk of the House, and the
names of those persons whose credentials show that they were
regularly elected as Representatives in accordance with the laws of
their respective States or of the United States will be called.
The Clerk lays before the House a facsimile of a communication
from the Chief Election Officer of the State of Hawaii.
January 5, 2003.
Hon. Jeff Trandahl,
Clerk, House of Representatives,
Washington, DC.

Very truly yours,
Dwayne D. Yoshina,
Chief Election Officer. . . .

The CLERK. Without objection, the Representative-elect from the
Second District of the State of Hawaii will be allowed to record
his presence and also to vote on the election of the Speaker.
There was no objection.
The CLERK. Without objection, the Representatives-elect will
record their presence by electronic device and their names will be
reported in alphabetical order by States, beginning with the State
of Alabama, to determine whether a quorum is present.

Sec. 2.3 In response to parliamentary inquiries, the Speaker informed
the House that she had been advised by the Clerk: (1) that notice
of an election contest had been filed with respect to an election;
(2) that among the credentials of Members-elect were documents
reflecting that a Member-elect had been certified by the state
official as duly elected; and (3) that the seating of a Member-
elect is without prejudice to a contest over final right to the
seat.

On January 4, 2007,⁽¹⁷⁾ the Speaker entertained
parliamentary inquiries as follows:
---------------------------------------------------------------------------
17. 153 Cong. Rec. 5, 110th Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF MEMBERS

The SPEAKER.⁽¹⁸⁾ According to precedent, the Chair
will swear in the Members-elect en masse.
---------------------------------------------------------------------------
18. Nancy Pelosi (CA).
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Rush] HOLT [of New Jersey]. I have a parliamentary
inquiry, Madam Speaker.
The SPEAKER. The gentleman may state his inquiry.
Mr. HOLT. In light of the fact that there are nonpartisan and
partisan lawsuits under way with regard to Florida's 13th
Congressional District and that the votes of 18,000 voters were not
recorded on the paperless electronic voting machines in an election
decided by only 369 votes, may I ask for the record whether a
notice of contest has been filed with the Clerk on behalf of
Christine Jennings pursuant to law and what effect, if any, today's
proceedings have on the pending contests?
The SPEAKER. The Chair is advised by the Clerk that a notice of
contest pursuant to statute, section 382 of title 2, United States
Code, has been filed with the Clerk. Under section 5 of article I
of the Constitution and the statute, the House remains the judge of
the elections of its Members. The seating of this Member-elect is
entirely without prejudice to the contest over the final right to
that seat that is pending under the statute and will be reviewed in
the ordinary course in the Committee on House Administration.
Mr. HOLT. I thank the Speaker.

parliamentary inquiry

Mr. [Adam] PUTNAM [of Florida]. Parliamentary inquiry, Madam
Speaker.
The SPEAKER. The gentleman may state his inquiry.
Mr. PUTNAM. Am I correct, Madam Speaker, that the gentleman
from Florida (Mr. Buchanan) has been certified by the Secretary of
State as duly elected from the 13th District of Florida?
The SPEAKER. The gentleman is correct.
Mr. PUTNAM. I thank the Speaker.
The SPEAKER. If the Members-elect will rise, the Chair will now
administer the oath of office.
The Members-elect and Delegates-elect and the Resident
Commissioner-elect rose, and the Speaker administered the oath of
office to them as follows:

The SPEAKER. Congratulations. You are now Members of the 110th
Congress.

Death or Resignation of Member-elect

Sec. 2.4 When a Member-elect dies prior to opening day of a new
Congress, such Member-elect's name is included in the Clerk's roll
(because the certificate of election remains on file with the
Clerk), and the Clerk on opening day announces to the House the
existence of a vacancy caused by the death of such Member-elect.

On January 3, 2001,⁽¹⁹⁾ the following announcement was
made by the Clerk following the initial quorum call of Members-elect
for the 107th Congress:
---------------------------------------------------------------------------
19. 147 Cong. Rec. 20, 107th Cong. 1st Sess. See also Deschler's
Precedents Ch. 38 Sec. 2.12 and Precedents (Wickham) Ch. 1
Sec. 3.7.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE CLERK

The Clerk.⁽²⁰⁾ The Clerk will state that since the
last regular election of Representatives to the 107th Congress, a
vacancy now exists in the 32d District of the State of California,
occasioned by the death of the late Honorable Julian C. Dixon.
---------------------------------------------------------------------------
20. Jeff Trandahl.
---------------------------------------------------------------------------

Sec. 2.5 When a Member-elect resigns prior to the beginning of the
Congress to which such individual was elected,⁽²¹⁾ the
name of such Member-elect remains on the Clerk's roll, and the
Clerk lays before the House the letter of resignation following the
initial quorum call.
---------------------------------------------------------------------------
21. Parliamentarian's Note: Rep. Rahm Emanuel of Illinois, a Member of
the 110th Congress and a Member-elect for the 111th Congress,
wrote a letter to the Governor of Illinois stating that he
resigned ``effective January 2, 2009.'' Taken literally, such
statement could be construed as a resignation only for the
final day of the 110th Congress and not as a Member-elect for
the 111th Congress. Rep. Emanuel's letter to the Speaker
clarified that he intended not to take his seat in the 111th
Congress.
---------------------------------------------------------------------------

On January 6, 2009,⁽²²⁾ the following communications
were laid before the House following the initial quorum call of
Members-elect for the 111th Congress:
---------------------------------------------------------------------------
22. 155 Cong. Rec. 2, 111th Cong. 1st Sess. See also 151 Cong. Rec. 36-
39, 41, 109th Cong. 1st Sess. (Jan. 4, 2005).
---------------------------------------------------------------------------

RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

The CLERK.⁽²³⁾ The Clerk is in receipt of a letter
of resignation from the Honorable Rahm Emanuel from the State of
Illinois.
---------------------------------------------------------------------------
23. Lorraine Miller.
---------------------------------------------------------------------------

Without objection, the letters relating to his resignation will
be printed in the Record.
There was no objection.

December 30, 2008.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.

Dear Speaker Pelosi: I am writing to inform you that I have
notified the Governor of Illinois of my resignation from the U.S.
House of Representatives effective January 2, 2009, at the end of
the 110th Congress. I do not intend to take the office of
Representative for the Fifth Congressional District in the 111th
Congress. A copy of that letter is attached.
It has been a privilege to serve the constituents of Illinois'
5th District for the last six years and to work with you and our
colleagues in Congress.

Sincerely,
Rahm Emanuel,
Member of Congress.

January 2, 2009.
Hon. Rod Blagojevich,
Govenor, State of Illinois,
Statehouse, Springfield, IL.

Dear Governor Blagojevich: I am writing to resign my position
as United States Representative from the Fifth Congressional
District of Illinois, effective January 2, 2009.
It has been a tremendous privilege to serve the people of the
Fifth District over the past six years. I am grateful for the
opportunity to represent the hopes and dreams of a quintessentially
American district, from hardworking families to new immigrants to
the senior citizens who built this great country. It has been my
particular privilege to represent the district's many military
troops and veterans, who put their lives on the line to protect the
values we cherish. Their sense of duty and sacrifice has been an
inspiration, which I will carry with me to my new duties as chief
of staff to President-elect Barack Obama.
As sons of immigrants to this country, you and I have a deep
appreciation for the opportunities America provides to those who
are willing to work hard and sacrifice for their children. As a
member of the next Administration in Washington, I will strive to
maintain and expand that opportunity for all families, because the
chance to work hard and build a better life is the principle that
unites all Americans. Over the past few years, our government in
Washington has lost sight of that principle by catering to the
wealthiest Americans and powerful special interests--leaving
middle-class Americans to struggle with rising health care costs,
reduced pensions and a collapsing economy. The recent election was
a clarion call for a change in direction, so we can recapture the
values that have made our nation a beacon of hope and opportunity.
As I go to work everyday in the incoming Obama Administration,
I will keep in mind the stories of the working families and senior
citizens who I met during the past six years in grocery stores,
schools and churches across the Fifth District. I will strive to
make our government work for them and their children, because that
is the true measure of our success as a nation.
With gratitude and best wishes,

Sincerely,
Rahm Emanuel,
Member of Congress.

Sec. 3. Administering the Oath

As noted in the preceding section, the Clerk's roll is called
immediately after the convening of a new Congress, with the Clerk from
the previous Congress presiding over the initial quorum
call.⁽¹⁾ Those Members-elect on the Clerk's roll are
entitled to participate in proceedings prior to the election of Speaker
and are eligible to vote in such election.⁽²⁾ Members-elect
may pose parliamentary inquiries to the Clerk prior to the election of
Speaker,⁽³⁾ and may also appeal rulings made by the
Clerk.⁽⁴⁾ Members-elect may propound (and agree to)
unanimous-consent requests, such as to permit Members-elect lacking
certificates of election to be included in the Clerk's
roll.⁽⁵⁾ Members-elect may vote for Speaker even if they
fail to record their presence during the initial quorum
call.⁽⁶⁾
---------------------------------------------------------------------------
1. Parliamentarian's Note: When the House convenes for a second (or
any subsequent) session, the membership of the body has already
been established. Thus, the initial quorum call to begin a
second session of a Congress is a regular quorum call of full
Members (not Members-elect). See Sec. 3.4, infra.
2. Parliamentarian's Note: Delegates-elect and the Resident
Commissioner-elect, however, are not permitted to vote for
Speaker. See Precedents (Wickham) Ch. 1 Sec. 3.5.
3. See 143 Cong. Rec. 114-20, 105th Cong. 1st Sess. (Jan. 7, 1997).
4. See Sec. 3.4, infra.
5. See Sec. 2.1, supra.
6. See 143 Cong. Rec. 114-120, 105th Cong. 1st Sess. (Jan. 7, 1997).
---------------------------------------------------------------------------

After the election of Speaker, the Dean of the House (traditionally
the Member with the longest continuous service in the House)
administers the oath of office to the Speaker-elect. The newly-elected
Speaker then administers the oath of office to all other Members-elect
en masse on the floor of the House.⁽⁷⁾ It is at this point
that Members-elect become full Members of the House, with all
associated rights and privileges. Members-elect who are not present for
the en masse swearing in are administered the oath when they arrive
(either on opening day⁽⁸⁾ or on a subsequent
day).⁽⁹⁾ Before the Speaker administers the oath of office
to Members-elect, a challenge may be made to the swearing in of any
individual Member-elect or group of Members-elect.⁽¹⁰⁾ The
Speaker may also respond to parliamentary inquiries regarding any
election contests that may have been filed.⁽¹¹⁾
---------------------------------------------------------------------------
7. See Deschler's Precedents Ch. 1 Sec. 7.1 and Deschler's Precedents
Ch. 2 Sec. 5.1.
Parliamentarian's Note: The practice of swearing in Members
en masse began in 1929 under Speaker Nicholas Longworth of
Ohio, replacing the prior custom of swearing in by state
delegation. Though several subsequent Speakers reverted to the
older practice, Speaker William Bankhead of Alabama returned to
swearing in en masse at the beginning of the 75th Congress
(1937) and this has been the uniform practice ever since.
8. See, e.g., Deschler's Precedents Ch. 2 Sec. 5.13.
9. See, e.g., Deschler's Precedents Ch. 2 Sec. Sec. 5.14-5.16.
10. See Sec. 4, infra.
11. See Sec. 2.3, supra.
---------------------------------------------------------------------------

Members-elect may be sworn in at times other than the beginning of
a Congress. Vacancies in House seats may occur at any point during a
Congress, most often due to the death or resignation of the Member
holding that seat.⁽¹²⁾ When a vacancy occurs, the state will
typically hold a special election to elect another individual to serve
out the remainder of the unexpired term.⁽¹³⁾ For the winner
of such special election to take a seat in the House, he or she must
present valid credentials in the form of the official certificate of
election. Often, there is a delay in the transmittal of the original
certificate of election. Authenticated copies of original certificates
of election, delivered by fax or via email to the Clerk of the House,
have been treated as sufficient documentation to support administering
the oath of office to Members-elect, and unanimous consent to
administer the oath is not required.⁽¹⁴⁾ By contrast,
unauthenticated copies of certificates, unofficial vote totals, or
other communications from state election officials indicating that an
individual has a rightful claim to a seat have not been treated as
sufficient documentary evidence. However, absent some known controversy
regarding the election, the House will often grant unanimous consent to
allow the presumed winner of the election to be sworn in as a
Member.⁽¹⁵⁾ In special circumstances, the House may adopt a
resolution authorizing the Speaker to administer the oath of office to
a new Member-elect.⁽¹⁶⁾ Often this will occur when there is
some controversy over the election (for example, a pending election
contest) and unanimous consent cannot be obtained to administer the
oath.⁽¹⁷⁾
---------------------------------------------------------------------------
12. See generally, Deschler's Precedents Ch. 37 and Deschler's
Precedents Ch. 38. A vacancy may also arise when a Member of
the House is expelled. See Deschler's Precedents Ch. 12 Sec. 13
and Precedents (Wickham) Ch. 12.
13. See, e.g., Deschler's Precedents Ch. 2 Sec. 3.6.
14. See Sec. Sec. 3.5, 3.6, infra.
15. See Sec. Sec. 3.10, 3.11, infra. See also Deschler's Precedents Ch.
2 Sec. Sec. 3.1-3.5.
16. See Deschler's Precedents Ch. 2 Sec. Sec. 5.5-5.7.
17. See Sec. Sec. 3.7, 3.9, infra.
---------------------------------------------------------------------------

If a special election occurs between sessions of a Congress, the
new Member-elect is not included in the initial quorum call at the
beginning of the second (or subsequent) session. Instead, the House
establishes its quorum first before the Speaker lays before the House
the relevant communications indicating that a certificate of election
has been received by the Clerk.⁽¹⁸⁾ However, if only
insufficient documentation is available, unanimous consent is required
to administer the oath.⁽¹⁹⁾
---------------------------------------------------------------------------
18. See Sec. 3.4, infra. See also Deschler's Precedents Ch. 2
Sec. 4.11. If the original certificate of election has arrived,
the oath may be administered before the quorum call, as the
administration of the oath of office does not require the
presence of a quorum. See 6 Cannon's Precedents Sec. 22.
19. Unanimous-consent requests are not considered business that
requires a quorum. Deschler's Precedents Ch. 20 Sec. 18.7.
---------------------------------------------------------------------------

While it is normally the Speaker who administers the oath of
office, this duty may also be performed by a Speaker pro
tempore.⁽²⁰⁾ An elected Speaker pro tempore may administer
the oath without the need for any separate authorization because such
individual exercises virtually all the authorities granted to the
Speaker.⁽²¹⁾ By contrast, an appointed Speaker pro tempore
merely undertakes certain duties (such as presiding over the House or
signing enrolled bills) and thus unanimous consent is required to allow
such person to administer the oath of office to a Member-
elect.⁽²²⁾
---------------------------------------------------------------------------
20. For full treatment of the office of Speaker pro tempore, see
Deschler's Precedents Ch. 6 Sec. Sec. 9-14 and Precedents
(Wickham) Ch. 6.
21. See Sec. 3.12, infra.
22. See Deschler's Precedents Ch. 2 Sec. 5.2.
---------------------------------------------------------------------------

The House may also authorize the Speaker to deputize another to
administer the oath of office. Most often, this is done when the
Member-elect cannot travel to Washington, D.C., to be present on
opening day of a new Congress (due to illness, for example). For these
circumstances, the House will adopt a resolution conferring on the
Speaker the authority to name a deputy to administer the
oath.⁽²³⁾ Such resolutions are privileged for
consideration.⁽²⁴⁾ The Speaker may deputize anyone to
administer the oath of office, though this function is typically
performed by a Federal or state judge,⁽²⁵⁾ and occasionally
by another Member of the House.⁽²⁶⁾ When the oath is
administered, the person deputized to administer the oath informs the
Speaker, who lays such communication before the House.⁽²⁷⁾
The House formally ``accepts'' the oath administered by a deputy,
either in the resolution authorizing the Speaker to
deputize⁽²⁸⁾ or by separate resolution.⁽²⁹⁾
---------------------------------------------------------------------------
23. See Sec. 3.13, infra. See also Deschler's Precedents Ch. 2
Sec. Sec. 5.8-5.12.
24. See, e.g., H. Res. 8, 133 Cong. Rec. 19, 100th Cong. 1st Sess.
(Jan. 6, 1987) and H. Res. 25, 133 Cong. Rec. 820, 821, 100th
Cong. 1st Sess. (Jan. 7, 1987)
25. See Sec. 3.13, infra.
26. See 129 Cong. Rec. 52, 98th Cong. 1st Sess. (Jan. 3, 1983).
27. See Sec. 3.14, infra.
28. See Sec. 3.13, infra.
29. See Sec. 3.15, infra.
---------------------------------------------------------------------------

The administration of the oath of office is a matter of high
privilege, and takes precedence over other business, such as a motion
to amend the Journal.⁽³⁰⁾ The administration of the oath may
take place during a vote,⁽³¹⁾ during a quorum
call,⁽³²⁾ during consideration of a resolution proposing a
special order of business,⁽³³⁾ during the consideration of a
resolution adopting the standing rules of the House,⁽³⁴⁾ and
during the call of committees on Calendar Wednesday.⁽³⁵⁾ The
oath may be administered after the previous question has been ordered
on a pending matter,⁽³⁶⁾ and also pending the question of
engrossment and third reading of a bill (with the previous question
operating to final passage).⁽³⁷⁾ As noted earlier, the
administration of the oath does not require the presence of a
quorum.⁽³⁸⁾ Where the House adopts a resolution authorizing
the Speaker to administer the oath, the oath cannot be deferred, even
by a motion to adjourn.⁽³⁹⁾ However, where the Member-elect
is not present in the Chamber to take the oath, the Speaker may
recognize for a motion to adjourn.⁽⁴⁰⁾
---------------------------------------------------------------------------
30. See 1 Hinds' Precedents Sec. 171.
31. See Sec. Sec. 3.18, 3.21, infra.
32. See Sec. 3.16, infra.
33. See Deschler's Precedents Ch. 2 Sec. 5.18.
34. See Sec. 3.20, infra.
35. See Sec. 3.22, infra.
36. See Deschler's Precedents Ch. 2 Sec. 5.17.
37. See Sec. 3.19, infra.
38. See 6 Cannon's Precedents Sec. 22.
39. See 1 Hinds' Precedents Sec. 622.
40. See Sec. 3.17, infra.
---------------------------------------------------------------------------

Opening Day-First Session

Sec. 3.1 Where no challenge is made to the seating of any Member-elect,
the Speaker administers the oath of office to Members-elect en
masse.

On January 3, 2013,⁽⁴¹⁾ opening day of the first session
of the 113th Congress, Members-elect were administered the oath of
office en masse as follows:
---------------------------------------------------------------------------
41. 159 Cong. Rec. H5 [Daily Ed.], 113th Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF MEMBERS

The SPEAKER.⁽⁴²⁾ According to precedent, the Chair
will swear in the Members-elect en masse.
---------------------------------------------------------------------------
42. John Boehner (OH).
---------------------------------------------------------------------------

The Members-elect will rise and raise their right hands.
The Members-elect rose, and the Speaker administered the oath
of office to them as follows:

Do you solemnly swear or affirm that you will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that you will bear true faith and allegiance
to the same; that you take this obligation freely, without any
mental reservation or purpose of evasion, and that you will well
and faithfully discharge the duties of the office on which you are
about to enter, so help you God.

The SPEAKER. Congratulations, you are now Members of the 113th
Congress.

Sec. 3.2 The Speaker administered the oath of office to twelve Members-
elect.⁽⁴³⁾
---------------------------------------------------------------------------
43. Parliamentarian's Note: This group swearing in immediately
following the pledge was the result of the absence of many
Members-elect of the New York delegation on opening day due to
their attendance at a memorial service. Due to the large
number, the Chair's announcement was generic
(``Representatives-elect'') rather than specific. When the
number is three or fewer, the Chair lists each Member-elect and
state.
---------------------------------------------------------------------------

On January 7, 2015,⁽⁴⁴⁾ the following occurred:
---------------------------------------------------------------------------
44. 161 Cong. Rec. H55 [Daily Ed.], 114th Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF MEMBERS-ELECT

The SPEAKER.⁽⁴⁵⁾ Will the Representatives-elect
please present themselves in the well.
---------------------------------------------------------------------------
45. John Boehner (OH).
---------------------------------------------------------------------------

Mr. Crowley of New York, Mr. Engel of New York, Mr. Higgins of
New York, Mrs. Lowey of New York, Mrs. Carolyn B. Maloney of New
York, Mr. Sean Patrick Maloney of New York, Mr. Meeks of New York,
Ms. Meng of New York, Mr. Nadler of New York, Mr. Rangel of New
York, Mr. Tonko of New York, and Ms. Velazquez of New York appeared
at the bar of the House and took the oath of office, as follows:

The SPEAKER. Congratulations. You are now Members of the 114th
Congress.

Sec. 3.3 Where two Members-elect participated in various House and
committee business before taking the oath of office, the House
adopted a resolution correcting the results of record votes to
remove mention of such Members-elect and ratifying numerous
legislative activities involving one or both of such Members-
elect.⁽⁴⁶⁾
---------------------------------------------------------------------------
46. Parliamentarian's Note: Reps. Pete Sessions of Texas and Michael
Fitzpatrick of Pennsylvania were mistakenly presumed to have
taken the oath of office with the other Members-elect en masse
on opening day on January 5, 2011. The House proceeded to elect
Rep. Sessions to a committee, and one or both of them
introduced measures, were named as cosponsors of measures,
submitted statements for the Congressional Record, participated
in the reading on the floor of the Constitution on January 6,
2011, and participated in various quorum calls and electronic
votes. Reps. Sessions and Fitzpatrick finally took the oath of
office on January 6, 2011. See 155 Cong. Rec. 164, 112th Cong.
1st Sess.
---------------------------------------------------------------------------

On January 7, 2011,⁽⁴⁷⁾ where two Members-elect had
mistakenly engaged in legislative activity prior to being sworn, the
House adopted a resolution correcting the results of record votes (to
remove the names of such Members-elect) and ratifying post facto
various other actions taken by such Members-elect:
---------------------------------------------------------------------------
47. 157 Cong. Rec. 227-29, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

RELATING TO THE STATUS OF CERTAIN ACTIONS TAKEN BY MEMBERS-
ELECT

Mr. [David] DREIER [of California]. Madam Speaker, pursuant to
House Resolution 26, I send to the desk as the designee of the
majority leader a resolution and ask for its immediate
consideration. . . .
The Clerk read as follows:

H. Res. 27

Whereas, Representative-elect Sessions and Representative-elect
Fitzpatrick were not administered the oath of office pursuant to the third
clause in article VI of the Constitution until after the completion of
legislative business on January 6, 2011; and

Whereas, the votes cast by Representative-elect Sessions and
Representative-elect Fitzpatrick on rollcalls 3 through 8 therefore were
nullities: Now, therefore, be it

Resolved, That--

(1) the votes recorded for Representative-elect Sessions and
Representative-elect Fitzpatrick on rollcalls 3 through 8 be deleted and
the vote-totals for each of those rollcalls be adjusted accordingly, both
in the Journal and in the Congressional Record;

(2) the election of Representative-elect Sessions to a standing committee
and his participation in its proceedings be ratified;

(3) the measures delivered to the Speaker for referral by Representative-
elect Sessions be considered as introduced and retain the numbers assigned;

(4) any submissions to the Congressional Record by Representative-elect
Sessions or Representative-elect Fitzpatrick be considered as valid;

(5) any cosponsor lists naming Representative-elect Sessions or
Representative-elect Fitzpatrick be considered as valid; and

(6) any non-voting participation by Representative-elect Sessions or
Representative-elect Fitzpatrick in proceedings on the floor be ratified. .
. .

The SPEAKER pro tempore.⁽⁴⁸⁾ . . .
---------------------------------------------------------------------------
48. Candice Miller (MI).
---------------------------------------------------------------------------

Pursuant to section 3 of House Resolution 26, the previous
question is ordered on the resolution.
The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.

recorded vote

Mr. [Anthony] WEINER [of New York]. Madam Speaker, I demand a
recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
257, noes 159, answered ``present'' 3, not voting 15, as follows:

Opening Day-Second Session

Sec. 3.4 Members-elect, elected to fill vacancies occurring in the
first session, are not included on the roll call to ascertain the
presence of a quorum when the second session convenes, and their
names are included on the roll only after their certificates of
election have been laid before the House and after the oath has
been administered to them.

On January 25, 1988,⁽⁴⁹⁾ after the initial quorum call
for the second session of the 100th Congress had taken place, the
following communications were laid before the House:
---------------------------------------------------------------------------
49. 134 Cong. Rec. 38-39, 100th Cong. 2d Sess. See also 128 Cong. Rec.
61, 62, 97th Cong. 2d Sess. (Jan. 25, 1982).
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:

Washington, DC,
January 25, 1988.
Hon. Jim Wright,
The Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: I have the honor to transmit herewith a
telegram received from the Honorable Gentry Crowell, Secretary of
State, State of Tennessee, advising that based upon the unofficial
returns the apparent winner of the special election for the Fifth
Congressional District of the State of Tennessee held on January
19, 1988, was the Honorable Bob Clement. An official election
certificate will be issued by the Secretary of State on January 26,
1988, and transmitted to the House of Representatives.
With great respect, I am,

Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.

[Western Union Telegram]
State of Tennessee,
Nashville, TN, January 21, 1988.
Donnald K. Anderson,
Clerk, U.S. House of Representatives,
Washington, DC.

Dear Sir: This is to advise that a special election to fill the
vacant seat from, Tennessee's Fifth Congressional District was held
on January 19, 1988. The apparent winner of the election is Bob
Clement, Democrat. The unofficial returns are as follows: Bob
Clement, 56,090, Terry Holcomb, Republican, 32,765, Joe Driscoll,
Independent, 604, Suzanne Stewart, Independent, 678. Official
election certification will be completed January 26, certified
duplicate original will be sent to you upon completion. Facsimile
copy will be sent as well. Thank you for your assistance.
Gentry Crowell,
Secretary of State. -------------------

SWEARING IN OF HON. BOB CLEMENT OF TENNESSEE AS A MEMBER OF THE
HOUSE

Mr. [Ed] JONES of Tennessee. Mr. Speaker, I ask unanimous
consent⁽⁵⁰⁾ that the gentleman from Tennessee, Mr. Bob
Clement, be permitted to take the oath of office today. His
certificate of election has not arrived, but there is no contest,
and no question has been raised with regard to his election.
---------------------------------------------------------------------------
50. Parliamentarian's Note: If the certificate of election had arrived
prior to the convening of the second session, the oath could
have been administered prior to the quorum call (such action
requiring neither unanimous consent nor a quorum). However,
because the certificate of election had not arrived, unanimous
consent was required to administer the oath, and such business
is not in order prior to the establishment of a quorum. For an
older contrary precedent, see 1 Hinds' Precedents Sec. 176
(unanimous consent request to administer the oath entertained
prior to the quorum call).
---------------------------------------------------------------------------

The SPEAKER.⁽⁵¹⁾ Is there objection to the request
of the gentleman from Tennessee?
---------------------------------------------------------------------------
51. James Wright (TX).
---------------------------------------------------------------------------

There was no objection.
The SPEAKER. Will the Honorable Bob Clement of Tennessee kindly
step forward and take the oath of office.
Mr. CLEMENT appeared at the bar of the House and took the oath
of office.
The SPEAKER. The gentleman from Tennessee is a Member of the
House of Representatives.

Administration of the Oath Mid-Congress

Sec. 3.5 An authenticated fax of the original certificate of election
has been accepted as sufficient documentation to permit the
administration of the oath of office to a Member-elect, and
unanimous consent is not required.⁽⁵²⁾
---------------------------------------------------------------------------
52. For a discussion of when unanimous consent is required, see
Sec. 3.10, infra.
---------------------------------------------------------------------------

On July 25, 2007,⁽⁵³⁾ the following communications
(supporting the administration of the oath of office to a Member-elect)
were laid before the House:
---------------------------------------------------------------------------
53. 153 Cong. Rec. 20611, 110th Cong. 1st Sess. For similar examples,
see, e.g., 140 Cong. Rec. 11980, 11981 (May 26, 1994); 143
Cong. Rec. 5883, 5834 (Apr. 17, 1997); 145 Cong. Rec. 11929
(June 8, 1999); 147 Cong. Rec. 10105 (June 7, 2001); and 151
Cong. Rec. 4178, 4239 (Mar. 10, 2005).
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:
Office of the Clerk,
House of Representatives,
Washington, DC, July 24, 2007.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.

Dear Madam Speaker: I have the honor to transmit herewith a
facsimile copy of a letter received from the Honorable Sonny
Perdue, Governor, State of Georgia, indicating that, according to
the official returns of the Special Election held July 17, 2007,
the Honorable Paul Broun was elected Representative to Congress for
the Tenth Congressional District, State of Georgia.
With best wishes, I am

Sincerely,
Lorraine C. Miller,
Clerk.

State of Georgia,
Office of the Governor,
Atlanta, GA, July 24, 2007.
Hon. Lorraine C. Miller,
Clerk, House of Representatives,
Washington, DC.

Dear Ms. Miller: This is to advise you that the Honorable Karen
Handel, Secretary of State of Georgia, has certified the results of
the Special Election held on Tuesday, July 17, 2007, for
Representative in Congress from the Tenth Congressional District of
Georgia. The results show that Paul C. Broun, Jr. received 23,529
or 50.42 percent of the total number of votes cast for that office.
The Certification of Election is enclosed.
I have issued Dr. Broun's commission to serve as the
Representative in Congress from Georgia's Tenth Congressional
District of Georgia. There appears to be no contest to this
election.

Sincerely,
Sonny Perdue,
Governor. -------------------

SWEARING IN OF THE HONORABLE PAUL C. BROUN, OF GEORGIA, AS A
MEMBER OF THE HOUSE

The SPEAKER.⁽⁵⁴⁾ Will the Representative-elect and
the Members of the Georgia delegation present themselves in the
well.
---------------------------------------------------------------------------
54. Nancy Pelosi (CA).
---------------------------------------------------------------------------

Mr. BROUN appeared at the bar of the House and took the oath of
office, as follows:

The SPEAKER. Congratulations, you are now a Member of the 110th
Congress.

Sec. 3.6 An authenticated scanned image of the original certificate of
election has been accepted as sufficient documentation to permit
the administration of the oath of office to a Member-elect, and
unanimous consent is not required.⁽⁵⁵⁾
---------------------------------------------------------------------------
55. Parliamentarian's Note: This was the first instance of an emailed
scan of a certificate of election supporting the administration
of the oath of office.
---------------------------------------------------------------------------

On September 4, 2007,⁽⁵⁶⁾ the following communications
(supporting the administration of the oath of office to a Member-elect)
were laid before the House:
---------------------------------------------------------------------------
56. 153 Cong. Rec. 23452, 23453, 110th Cong. 1st Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:

House of Representatives,
Washington, DC, August 31, 2007.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.

Dear Madam Speaker: I have the honor to transmit herewith a
scanned copy of a Certificate of Election received from the
Honorable Debra Bowen, Secretary of State of California, indicating
that, at the Special Election held on August 21, 2007, the
Honorable Laura Richardson was duly elected Representative in
Congress for the Thirty-Seventh Congressional District, State of
California.
With best wishes, I am

Sincerely,
Lorraine C. Miller,
Clerk of the House.

Enclosure.

certificate of election

I, Debra Bowen, Secretary of State of the State of California,
hereby certify: That according to the official canvass of votes
cast in the Special General Election held on the 21st day of
August, 2007 in the 37th Congressional District, Laura Richardson
was elected to the office of United States Representative, District
37 for the term prescribed by
law. -------------------

SWEARING IN OF THE HONORABLE LAURA RICHARDSON, OF CALIFORNIA,
AS A MEMBER OF THE HOUSE

The SPEAKER.⁽⁵⁷⁾ Will Representative-elect
Richardson and the Members of the California delegation present
themselves in the well.
---------------------------------------------------------------------------
57. Nancy Pelosi (CA).
---------------------------------------------------------------------------

Ms. Richardson appeared at the bar of the House and took the
oath of office, as follows:

The SPEAKER. Congratulations. You are now a Member of the 110th
Congress.

Authorizing the Administration of the Oath by Resolution

Sec. 3.7 The Committee on House Administration reported a privileged
resolution authorizing the Speaker to administer the oath of office
to a Member-elect and referring the question of final right to the
seat to that committee for further investigation.

On February 20, 1974,⁽⁵⁸⁾ the House adopted the
following privileged resolution to administer the oath of office to
John Murtha of Pennsylvania (whose certificate of election had not yet
arrived due to a continuing vote recount mandated by state law):
---------------------------------------------------------------------------
58. 120 Cong. Rec. 3516, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

AUTHORIZING THE SPEAKER TO ADMINISTER THE OATH OF OFFICE TO
JOHN P. MURTHA

Mr. HAYS, from the Committee on House Administration, reported
the following privileged resolution (H. Res. 871), Report No. 93-
801, which was referred to the House Calendar and ordered to be
printed. . . .
The Clerk read as follows:

H. Res. 871

Resolved, That the Speaker is hereby authorized and directed to
administer the oath of office to the gentleman from Pennsylvania, John P.
Murtha; and be it further

Resolved, That the question of the final right of John P. Murtha to a
seat in the Ninety-third Congress be referred to the Committee on House
Administration, and said committee shall have the power to send for persons
and papers and examine witnesses on oath in relation to the subject matter
of this resolution.

Sec. 3.8 The House adopted a privileged resolution reported from the
Committee on House Administration, to which the House had referred
the question of final seating of two candidates (and pending which
neither candidate had been temporarily seated), determining on the
basis of a complete committee recount that one candidate (not the
certified Member-elect) should be finally seated.

On May 1, 1985,⁽⁵⁹⁾ the following privileged resolution
resolving an election contest⁽⁶⁰⁾ was adopted:
---------------------------------------------------------------------------
59. 131 Cong. Rec. 9998, 9999, 10003, 10017-20, 99th Cong. 1st Sess.
For more on election contests generally, see Deschler's
Precedents Ch. 9 and Precedents (Wickham) Ch. 9. For
challenging the right to be sworn, see Sec. 4, infra. See also
Sec. 3.17, infra.
60. Parliamentarian's Note: The election contest for Indiana's Eighth
Congressional District involved a referral of the contest to
the Committee on House Administration and a vote recount
conducted by the committee. For the initial challenge to the
right to be sworn (and subsequent committee referral), see
Sec. 4.1, infra. For more details on this contested election,
see Precedents (Wickham) Ch. 9.
---------------------------------------------------------------------------

RELATING TO ELECTION OF A REPRESENTATIVE FROM THE EIGHTH
CONGRESSIONAL DISTRICT OF INDIANA

Mr. [Leon] PANETTA [of California]. Mr. Speaker, by direction
of the Committee on House Administration, I call up a privileged
resolution (H. Res. 146) relating to election of a Representative
from the Eighth Congressional District of Indiana, and ask for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 146

Resolved, That, based on a recount of votes in the election of November
6, 1984, conducted pursuant to House Resolution 1, Ninety-ninth Congress,
agreed to January 3, 1985, the House of Representatives determines that
Frank McCloskey was duly elected to the office of Representative from the
Eighth Congressional District of Indiana and is entitled to a seat in the
Ninety-ninth Congress.

Mr. [Joe] BARTON of Texas. Mr. Speaker, I raise a question of
consideration and demand that the Chair put the question.
The SPEAKER pro tempore [Mr. [James] Wright [of Texas]]. The
question is, Will the House now consider House Resolution 146?
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. BARTON of Texas. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
242, nays 185, not voting 6, as follows:

[Roll No. 89] . . .

So the House agreed to consider House Resolution 146.
The result of the vote was announced as above recorded. . . .

SWEARING IN OF THE HONORABLE FRANK McCLOSKEY OF INDIANA AS A
MEMBER OF THE HOUSE

The SPEAKER. It is the intention at this particular time to
have the Indiana delegation present to the House the elected
candidate.
Mr. McCLOSKEY appeared at the bar of the House and took the
oath of office.
The SPEAKER. The gentleman is a Member of the Congress of the
United States.

Sec. 3.9 Because state law required the Governor to ``appoint'' a
Member-elect to a vacant seat, and such appointment was considered
an election to such vacant seat (even though the vacancy was
created after the date of election), the House adopted a privileged
resolution authorizing the administration of the oath of office to
the Member-elect with those credentials and referring the question
of final right to the seat to the Committee on House
Administration.⁽⁶¹⁾
---------------------------------------------------------------------------
61. Parliamentarian's Note: The House will generally defer to a state
Governor's interpretation of state law. 1 Hinds' Precedents
Sec. 525. In this instance, Oklahoma law provided that if a
vacancy in a congressional seat occurred after March 1 of an
even-numbered year, the winner of the general election is to be
``appointed'' by the Governor to fill the remainder of the
unexpired term. Here, the vacancy in the 103d Congress occurred
on November 15, when Rep. James Inhofe resigned his seat for
the First Congressional District of Oklahoma to serve in the
Senate. At that time, Steve Largent had already been elected to
that seat for the 104th Congress. Under the terms of the
Oklahoma statute, the Governor was then required to ``appoint''
Mr. Largent to the fill the unexpired term for the 103d. The
Governor interpreted the requirement to provide this ``Order of
Appointment'' as a mere ministerial duty (since the Governor
had no discretion to act otherwise) and thus that it should be
treated as an election under Oklahoma law. The House, by
adopting a resolution that permitted Member-elect Largent to be
sworn, deferred to the Governor's interpretation, in order to
avoid a possible challenge that an ``appointment'' would
violate article I, section 2, of the Constitution (providing
that all Members be elected, not appointed) (House Rules and
Manual Sec. 5 (2017)). See also Deschler's Precedents Ch. 37
Sec. 5.1.
---------------------------------------------------------------------------

On November 29, 1994,⁽⁶²⁾ the following communications
regarding an individual's election to the 103d Congress were laid
before the House, and a privileged resolution adopted permitting the
individual to take the oath of office:
---------------------------------------------------------------------------
62. 140 Cong. Rec. 29585, 29586, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

The SPEAKER laid before the House the following resignation
from the House of Representatives:
House of Representatives,
Washington, DC, November 15, 1994.
Hon. Tom Foley,
Speaker of the House, House of Representatives,
Washington, DC.

Dear Mr. Speaker: Attached is the letter I have sent to the
Honorable David L. Walters, Governor of the State of Oklahoma,
notifying him of my resignation from the House of Representatives
effective today, November 15, 1994 at twelve midnight.

Sincerely,
James M. Inhofe,
Member of Congress.

Enclosure: letter.

House of Representatives,
Washington, DC, November 15, 1994.
Hon. David Walters,
Governor, State of Oklahoma,
Oklahoma City, OK.

Dear Governor Walters: Pursuant to the November 8, 1994 special
election, at which time I was elected to serve the vacancy in the
United States Senate created by the resignation of Senator David L.
Boren, I hereby submit to you my letter of resignation effective
twelve midnight, today, November 15, 1994.

Sincerely,
James M. Inhofe,
Member of Congress. -------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:

Office of the Clerk,
House of Representatives,
Washington, DC, November 22, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: I have the honor to transmit herewith a
certification from the Governor of Oklahoma, Honorable David
Walters indicating that, Steve Largent of the First Congressional
District, is elected to fill the vacancy in the 103d Congress
created by the resignation of the Honorable James M. Inhofe at
midnight on November 15, 1994.
This certification has been submitted under the laws of
Oklahoma as stated in the accompanying documents. An election
certification of Steve Largent to the 104th Congress has also been
received in my office.
With great respect, I am

Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.

State of Oklahoma,
November 17, 1994.
Hon. Donnald K. Anderson,
Clerk of the House of Representatives,
Washington, DC.

Dear Mr. Anderson: The provisions of 26 Okla. Stat., Section
12-101(B), require the election held November 8, 1994, for the seat
to which Steve Largent was elected, be treated as election, within
the meaning of Oklahoma law, to fill the vacancy of the unexpired
term of James M. Inhofe, Member of Congress, who resigned effective
November 15, 1994, at twelve midnight. Accordingly, pursuant to
that statute, my appointment, as Governor of the State of Oklahoma,
is the ministerial act incident to that election.

Sincerely,
David Walters,
Governor.

order of appointment
To: Secretary of State, Oklahoma State Capitol, Oklahoma City,
Oklahoma

Please file for record the following executive order. By virtue
of the authority vested in me as Governor of the State of Oklahoma,
under 26 Okla. Stat., Section 12-101(B), I hereby appoint: Steve
Largent, 124 E. 4th Street, Tulsa, Oklahoma 74103 as Member of the
United States House of Representatives representing Oklahoma
Congressional District 1, to serve the remainder of an unexpired
term ending January 3, 1995. Mr. Largent will be succeeding the
Honorable James Inhofe (resigned).
In witness whereof, I have hereunto set my hand and caused the
seal of the State of Oklahoma to be affixed at Oklahoma City,
Oklahoma this 17th day of November 1994.
By the Governor of the State of Oklahoma: David Walters.
Attest: Glo Henley, Secretary of
State. -------------------

AUTHORIZING AND DIRECTING THE SPEAKER TO ADMINISTER THE OATH OF
OFFICE TO MR. STEVE LARGENT OF OKLAHOMA

Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, I offer a
privileged resolution (H. Res. 585), and I ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 585

Resolved, That the Speaker is hereby authorized and directed to
administer the oath of office to the gentleman from Oklahoma, Mr. Steve
Largent.

Resolved, that the question of the final right of Mr. Steve Largent to a
seat in the One Hundred Third Congress be referred to the Committee on
House Administration.

The SPEAKER.⁽⁶³⁾ The gentleman from Illinois [Mr.
Michel] is recognized for 1 hour.
---------------------------------------------------------------------------
63. Thomas Foley (WA).
---------------------------------------------------------------------------

Mr. MICHEL. Mr. Speaker, I shall not take the hour, but I offer
this resolution to clarify the situation surrounding the seating of
Congressman-elect Steve Largent to the 103d Congress.
As my colleagues know, the gentleman from Oklahoma [Mr. Inhofe]
won the special election to fill the vacant Senate seat from
Oklahoma and has resigned from the House, thereby creating a
vacancy.
Mr. Largent was elected on November 8 to represent the First
District of Oklahoma. The credentials, forwarded from the State,
include a letter from Governor Walters indicating that the
provisions of Oklahoma law require that the November 8 election,
``be treated as election within the meaning of Oklahoma law to fill
the vacancy of the unexpired term of James M. Inhofe.'' The
Governor also forwarded an order of appointment for Mr. Largent to
the 103d Congress as, ``the ministerial act incident to that
election,'' because the Governor, under Oklahoma law, has no
discretion to act otherwise.
Let me cite from the relevant Oklahoma statute, 26 Oklahoma
Statute, section 12-101, paragraph B:

No special election shall be called if the vacancy occurs after March 1
of any even-numbered year if the term of said office expires the following
year. In such case, the candidate elected to said office at the regular
General Election shall be appointed by the Governor to fill the unexpired
term.

Now, Mr. Speaker, under article I, section 2, of the
Constitution, when vacancies occur in the House the executive
authority of the State shall issue writs of election to fill such
vacancies. Members of the House must be elected, and not appointed,
and if the Oklahoma law is construed as an appointment, it likely
is unconstitutional. The House has, however, historically given
great weight to a State's construction of its laws. This is the
first time, as far as I am aware, that the statute has been
applicable and, therefore, never came to our attention before.
I know of no objection to the seating of Mr. Largent. The
Speaker and I have discussed this matter and believe the issue
raises enough of a constitutional issue that it ought to be brought
to the House's attention, but that we also should seat Mr. Largent.
My resolution allows for the seating of Mr. Largent, but also
directs the Committee of House Administration to review the issue
for final determination, and I would urge the adoption of the
resolution, Mr. Speaker.
Mr. [William] THOMAS of California. Mr. Speaker, will the
gentleman yield?
Mr. MICHEL. I yield to the gentleman from California.
Mr. THOMAS of California. Mr. Speaker, I thank my leader for
yielding, I think the point needs to be understood that Mr. Largent
is being asked to be sworn in as a Member of the House of
Representatives because the people in the First District of
Oklahoma elected him, notwithstanding a Oklahoma law that says the
Governor can appoint. The reason it is being referred to the
Committee on House Administration is because in fact the Governor
has forwarded the document which says that it was a ministerial
duty to appoint him. This raises constitutional questions.
Nevertheless the Oklahoma statute says the Governor can appoint.
Mr. Speaker, I am very pleased and proud to say the people of
the First District of Oklahoma have sent us a new Congressman being
sworn in today.
Mr. MICHEL. Mr. Speaker, I thank the distinguished gentleman
from California [Mr. Thomas] for his contribution, and again I urge
adoption of the resolution.
Mr. Speaker, I yield back the balance of my time, and I move
the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

SWEARING IN OF THE HONORABLE STEVE LARGENT AS A MEMBER OF THE
HOUSE OF REPRESENTATIVES

The SPEAKER. Will the Member-elect from Oklahoma, the Honorable
Steve Largent, please come forward?
Mr. LARGENT appeared at the bar of the House, and took the oath
of office, as follows:

The SPEAKER. Congratulations. You are now a Member of the House
of Representatives.

Authorizing the Administration of the Oath by Unanimous Consent

Sec. 3.10 The House by unanimous consent permitted a Member-elect to be
sworn prior to the receipt of the official certificate of election,
where no question or contest existed and the Clerk had received a
scanned image of a letter from a state official conveying the
unofficial returns of a special election.

The proceedings of November 15, 2012,⁽⁶⁴⁾ typify the
procedure by which the House by unanimous consent authorizes a Member-
elect to take the oath of office where the certificate of election has
not yet arrived:
---------------------------------------------------------------------------
64. 158 Cong. Rec. 15319, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:

Office of the Clerk,
House of Representatives,
Washington, DC, November 8, 2012.
Hon. John Boehner,
The Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: I have the honor to transmit herewith a
scanned copy of a letter received from The Honorable Kimberly M.
Guadagno, Lieutenant Governor/Secretary of State, State of New
Jersey, indicating that, according to the unofficial returns of the
Special Election held November 6, 2012, the Honorable Donald M.
Payne, Jr. was elected Representative to Congress for the Tenth
Congressional District, State of New Jersey.
With best wishes, I am

Sincerely,
Karen L. Haas,
Clerk.

Enclosure.

State of New Jersey,
Department of State,
Trenton, NJ, November 8, 2012.
Hon. Karen L. Haas,
Clerk, House of Representatives,
The Capitol, Washington, DC.

Dear Ms. Haas: This is to advise you that the unofficial
results of the Special Election held on Tuesday, November 6, 2012,
for Representative in Congress from the Tenth Congressional
District of New Jersey, show that Donald M. Payne, Jr. received
141,714 of the total number of voters cast for that office.
It would appear from these unofficial results that Donald M.
Payne, Jr. was elected as Representative in Congress from the Tenth
Congressional District of New Jersey.
To the best of our knowledge and belief at this time, there is
no contest to this election.
As soon as the official results are certified, to this office
by the Essex, Hudson and Union County Clerks involved, an official
Certificate of Election will be prepared for transmittal as
required by law.

Sincerely,
Kimberly M. Guadagno,
Lieutenant Governor/
Secretary of State. -------------------

SWEARING IN OF THE HONORABLE DONALD M. PAYNE, JR., OF NEW
JERSEY, AS A MEMBER OF THE HOUSE

Mr. [Christopher] SMITH of New Jersey. Mr. Speaker, I ask
unanimous consent that the gentleman from New Jersey, the Honorable
Donald M. Payne, Jr., be permitted to take the oath of office
today.
His certificate of election has not arrived, but there is no
contest and no question has been raised with regard to his
election.
The SPEAKER.⁽⁶⁵⁾ Is there objection to the request
of the gentleman from New Jersey?
---------------------------------------------------------------------------
65. John Boehner (OH).
---------------------------------------------------------------------------

There was no objection.
The SPEAKER. Will Representative-elect Payne and the members of
the New Jersey delegation present themselves in the well.
All Members will rise and the Representative-elect will please
raise his right hand.
Mr. Payne appeared at the bar of the House and took the oath of
office, as follows:

The SPEAKER. Congratulations, you are now a Member of the 112th
Congress.

Sec. 3.11 The Chair may take under advisement a parliamentary inquiry
regarding recognition for a unanimous-consent request to permit a
Member-elect to take the oath of office, notwithstanding the fact
that the certificate of election had not yet arrived.

On May 26, 1993,⁽⁶⁶⁾ the Chair responded to a
parliamentary inquiry regarding the right of a Member-elect to take the
oath of office as follows:
---------------------------------------------------------------------------
66. 139 Cong. Rec. 11251, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRY

Mr. [Frank] SENSENBRENNER [of Wisconsin]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [James] McDermott [of
Washington]). The gentleman will state it.
Mr. SENSENBRENNER. Mr. Speaker, would it be in order for me to
ask unanimous consent that the gentleman from Wisconsin [Mr. Barca]
who has been elected to fill the vacant First District seat, be
allowed to take the oath of office, notwithstanding the fact that a
certificate of election for him has not arrived? The Republican
candidate has conceded and, to my knowledge, there is no objection
to Mr. Barca taking the oath of office from this side of the aisle.
The SPEAKER pro tempore. The Chair would have to take that
under advisement with the Speaker of the House.

Administration of the Oath by a Speaker Pro Tempore

Sec. 3.12 An elected Speaker pro tempore may administer the oath of
office to a Member-elect.

On March 17, 1998,⁽⁶⁷⁾ the following communications were
laid before the House (allowing the administration of the oath of
office to a Member-elect by the Speaker pro tempore):⁽⁶⁸⁾
---------------------------------------------------------------------------
67. 144 Cong. Rec. 3835, 3836, 105th Cong. 2d Sess.
68. Parliamentarian's Note: An elected Speaker pro tempore exercises
virtually all of the same authorities as the Speaker. As such,
unanimous consent is not required to allow an elected Speaker
pro tempore to administer the oath of office to a Member-elect.
An appointed Speaker pro tempore, by contrast, cannot
administer the oath of office absent unanimous consent. For
more on the distinction between elected and appointed Speakers
pro tempore, see Deschler's Precedents Ch. 6 Sec. Sec. 12-14
and Precedents (Wickham) Ch. 6.
---------------------------------------------------------------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore (Mr. [Richard] Armey [of Texas]) laid
before the House the following communication from the Clerk of the
House of Representatives:
Office of the Clerk,
House of Representatives,
Washington, DC, March 17, 1998.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, D.C.

Dear Mr. Speaker: I have the honor to transmit herewith a copy
of the original Certificate of Election received from the Honorable
Bill Jones, Secretary of State, State of California, indicating
that, according to the semi-official canvass of votes cast in the
Special Election held March 10, 1998, the Honorable Lois Capps was
elected Representative in Congress for the Twenty-second
Congressional District, State of California.

With warm regards,
Robin H. Carle,
Clerk.

State of California--Secretary of State

certificate of election

I, Bill Jones, the Secretary of State of the State of
California, hereby certify:
That according to the semi-official canvass of votes cast in
the Special Election held on the 10th day of March, 1998 in the 22d
Congressional District,
Lois Capps was elected to the office of United States
Representative--District 22, for the term prescribed by law.
In witness whereof, I hereunto set my hand and affix the Great
Seal of the State of California at Sacramento, this 11th day of
March 1998.
Bill Jones,
Secretary of State. -------------------

SWEARING IN OF THE HONORABLE LOIS CAPPS, OF CALIFORNIA, AS A
MEMBER OF THE HOUSE

The SPEAKER pro tempore. Will the Members of the California
delegation escort the gentlewoman from California, the Member-
elect, to the rostrum to receive the oath of office.
Mrs. Capps appeared at the bar of the House and took the oath
of office, as follows:

The SPEAKER pro tempore. Congratulations, you are now a Member
of the Congress of the United States.

Deputizing Others to Administer the Oath

Sec. 3.13 The House may adopt privileged resolutions authorizing the
Speaker or a deputy to administer the oath of office to named
Members-elect convalescing in their districts, following which the
Speaker pro tempore may deputize Federal judges to administer the
oaths.

On January 7, 2015,⁽⁶⁹⁾ the following occurred;
---------------------------------------------------------------------------
69. 161 Cong. Rec. H95 [Daily Ed.], 114th Cong. 1st Sess. See also
e.g., 145 Cong. Rec. 246, 106th Cong. 1st Sess. (Jan. 6, 1999)
(deputizing state
judge). -------------------
---------------------------------------------------------------------------

AUTHORIZING THE SPEAKER TO ADMINISTER THE OATH OF OFFICE

Ms. [Virginia] FOXX [of North Carolina]. Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 20

Resolved, Whereas, Alan Nunnelee, a Representative-elect from
the First District of the State of Mississippi, has been unable
from illness to appear in person to be sworn as a Member of the
House, and there being no contest or question as to his election;
Now, therefore, be it
Resolved, That the Speaker, or deputy named by him, is hereby
authorized to administer the oath of office to the Honorable Alan
Nunnelee at Tupelo, Mississippi and that such oath be accepted and
received by the House as the oath of office of the Honorable Alan
Nunnelee.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

APPOINTMENT OF HON. MICHAEL MILLS TO ADMINISTER OATH OF OFFICE
TO HON. ALAN NUNNELEE

The SPEAKER pro tempore.⁽⁷⁰⁾ Pursuant to the
provisions of House Resolution 20, 114th Congress, the Chair
appoints the Honorable Judge Michael Mills of the Northern District
of Mississippi, United States District Court, to administer the
oath of office to the Honorable Alan Nunnelee.
---------------------------------------------------------------------------
70. Ted Poe (TX).
---------------------------------------------------------------------------

Sec. 3.14 When the Speaker is authorized to deputize an individual to
administer the oath of office to a Member-elect, the Speaker lays
before the House communications from such individual confirming
that the oath was administered.

On January 19, 1999,⁽⁷¹⁾ the following correspondence
was laid before the House for the information of Members:
---------------------------------------------------------------------------
71. 145 Cong. Rec. 602, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM THE HONORABLE ELLEN SICKLES JAMES

The SPEAKER laid before the House the following communication
from the Honorable Ellen Sickles James:
Martinez, CA, January 7, 1999.
Hon. J. Dennis Hastert,
Speaker, U.S. House of Representatives,
The Capitol, Washington, DC.

Dear Mr. Speaker: On January 6, 1999 you designated me to
administer the oath of office to Representative-elect George Miller
of the Seventh District of the State of California under House
Resolution 12, One Hundred Sixth Congress.
Under such designation, I have the honor to report that on
January 7, 1999 at Martinez I administered the oath of office to
Mr. Miller. Mr. Miller took the oath prescribed by 5 U.S.C. 3331. I
have sent two copies of the oath, signed by Mr. Miller, to the
Clerk of the House.

Sincerely,
Judge Ellen Sickles James,
Ret. -------------------

COMMUNICATION FROM THE HONORABLE MARC B. POCHE

The SPEAKER laid before the House the following communication
from the Honorable Marc B. Poche:

Court of Appeal,
San Francisco, CA, January 8, 1999.
Hon. J. Dennis Hastert,
Speaker, U.S. House of Representatives,
The Capitol, Washington, DC.

Dear Mr. Speaker: On January 6, 1999, you designated me to
administer the oath of office to Representative-elect Sam Farr of
the Seventeenth District of the State of California under House
Resolution 13, One Hundred Sixth Congress.
Under such designation, I have the honor to report that on
January 8, 1999, at Carmel, California, I administered the oath of
office to Mr. Farr. Mr. Farr took the oath prescribed by 5 U.S.C.
section 3331. I have sent two copies of the oath, signed by Mr.
Farr, to the Clerk of the House.

Sincerely,
Marc B. Poche.

Sec. 3.15 The House adopted a privileged resolution formally accepting
the oath of office administered by a state judge who had been
deputized to administer the oath, following confirmation that the
Member-elect had been sworn.

On January 15, 1973,⁽⁷²⁾ following confirmation that the
oath of office had been administered to a Member-elect by a state judge
appointed by the Speaker, the House adopted a privileged resolution
formally accepting⁽⁷³⁾ said oath:
---------------------------------------------------------------------------
72. 119 Cong. Rec. 1054-55, 93d Cong. 1st Sess.
73. Parliamentarian's Note: This resolution was arguably unnecessary,
as the resolution authorizing the Speaker to deputize another
to administer the oath (House Resolution 11) already contained
language to the effect that the oath (when administered) ``be
accepted and received by the House.'' No similar resolution has
been adopted since the 93d Congress.
---------------------------------------------------------------------------

The SPEAKER laid before the House the following communication:
Portland, Oreg.,
January 8, 1973.
Hon. Carl Albert,
Speaker, House of Representatives,
Washington, D.C.

Sir: In accordance with your designation of me, pursuant to
House Resolution 11, Ninety-third Congress, adopted by the House of
Representatives, to administer the oath of office to
Representative-elect Edith Green of the Third District of Oregon, I
have the honor to report that on the 3d day of January, 1973, at
Multnomah County, State of Oregon, I administered the oath of
office to Mrs. Edith Green, form prescribed by section 1757 of the
Revised Statutes of the United States, being the form of oath
administered to Members of the House of Representatives, to which
Mrs. Green subscribed.
I have the honor to be,

Yours respectively,
John C. Beatty, Jr.

Mr. [Albert] ULLMAN [of Oregon]. Mr. Speaker, I offer a
privileged resolution (H. Res. 129) and ask for its immediate
consideration.
The clerk read the resolution as follows:

H. Res. 129

Whereas Edith Green, a Representative from the State of Oregon, from the
Third District thereof, has been unable from sickness to appear in person
to be sworn as a Member of this House, but has sworn to and subscribed to
the oath of office before the Honorable John C. Beatty, Jr., Judge, Circuit
Court of Oregon, Fourth Judicial District, authorized by resolution of this
House to administer the oath, and the said oath of office has been
presented in her behalf to the House, and there being no contest or
question as to her election: Therefore be it

Resolved, That the said oath be accepted and received by the House as the
oath of office of the said Edith Green as a Member of this House.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Privilege and Precedence

Sec. 3.16 The Speaker may interrupt a call of the House ordered
pursuant to clause 6(e)(2) of rule XV (now clause 7(b) of rule
XX),⁽⁷⁴⁾ to administer the oath of office to a Member-
elect.⁽⁷⁵⁾
---------------------------------------------------------------------------
74. House Rules and Manual Sec. 1028 (2017).
75. Parliamentarian's Note: Under former clause 6(a)(2) of rule XV, a
point of order of no quorum was not in order during the
administration of the oath, and under the precedents, the oath
may be administered even in the absence of a quorum (1 Hinds'
Precedents Sec. 170; 6 Cannon's Precedents Sec. Sec. 21, 22).
However, in the 106th Congress, the specific exceptions from
the normal quorum requirements were eliminated in favor of a
clarification of the proscription against entertaining points
of no quorum where no question has been put before the House.
Thus, during a motion for a call of the House, whether or not a
quorum has yet responded, the oath may be administered to a
Member-elect.
---------------------------------------------------------------------------

On January 22, 1981, a Member-elect was administered the oath of
office during a call of the House as follows:⁽⁷⁶⁾
---------------------------------------------------------------------------
76. 127 Cong. Rec. 693, 97th Cong. 1st Sess.; House Rules and Manual
Sec. Sec. 200, 204 (2017).
---------------------------------------------------------------------------

CALL OF THE HOUSE

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I move a call
of the House.
A call of the House was ordered.
The call was taken by electronic device, and the following
Members responded to their names:

[Roll No. 6] . . . -------------------

SWEARING IN OF MEMBER-ELECT

The SPEAKER⁽⁷⁷⁾ (during the call of the House). Will
the gentleman from Pennsylvania (Mr. Ertel) present himself in the
well of the House for the purpose of taking the oath of office?
---------------------------------------------------------------------------
77. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. ERTEL appeared at the bar of the House and took the oath of
office.

Sec. 3.17 If a Member-elect whose right to a seat has been determined
by the House is present to take the oath, the right to be sworn
cannot be deferred even by a motion to adjourn,⁽⁷⁸⁾ but
the Speaker has entertained the motion to adjourn after adoption of
a seating resolution.⁽⁷⁹⁾
---------------------------------------------------------------------------
78. 1 Hinds' Precedents Sec. 622.
79. Parliamentarian's Note: In this instance, the Member-elect was not
present in the Chamber at the time the motion to adjourn was
offered. Thus, the Chair entertained a motion to adjourn
between the adoption of the resolution authorizing the
administration of the oath and the appearance of the Member-
elect in the Chamber.
---------------------------------------------------------------------------

On May 1, 1985,⁽⁸⁰⁾ the following occurred:
---------------------------------------------------------------------------
80. 131 Cong. Rec. 9998, 9999, 10003, 10017-20, 99th Cong. 1st Sess.
See also Sec. 3.17, supra.
---------------------------------------------------------------------------

RELATING TO ELECTION OF A REPRESENTATIVE FROM THE EIGHTH
CONGRESSIONAL DISTRICT OF INDIANA

H. Res. 146

Mr. Speaker, I move the previous question on the resolution.

motion to recommit offered by mr. frenzel

Mr. [William] FRENZEL [of Minnesota]. Mr. Speaker, I offer a
motion to recommit with instructions.
The SPEAKER pro tempore.⁽⁸¹⁾ Is the gentleman
opposed to the resolution?
---------------------------------------------------------------------------
81. James Wright (TX).
---------------------------------------------------------------------------

Mr. FRENZEL. I am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:

Mr. Frenzel moves to recommit H. Res. 146 to the Committee on
House Administration with instructions that the Committee be
directed to count the otherwise valid unnotorized absentee ballots
identified by the Task Force on the Indiana Eighth Congressional
District in Orange, Lawrence, Daviess and Greene Counties and when
that count is completed the Committee will certify the winner and
report their findings immediately to the House.

The SPEAKER pro tempore. Without objection, the previous
question is ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to
recommit.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.
Mr. FRENZEL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
183, nays 246, not voting 4, as follows:

[Roll No. 90] . .
. -------------------

MOTION TO ADJOURN

The SPEAKER.⁽⁸²⁾ For what purpose does the gentleman
from Illinois Mr. Michel rise?
---------------------------------------------------------------------------
82. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, in view of that
vote, the last vote, I move that we adjourn.
The SPEAKER. Would the gentleman withhold until the Chair has
had an opportunity to swear in Mr. McCloskey?
Mr. MICHEL. No, Mr. Speaker. Our purpose is to adjourn
immediately in keeping with the precedent of the Democratic Party
back in 1890.
The SPEAKER. The gentleman appreciates the fact that the motion
is not debatable.
Mr. MICHEL. I understand, Mr. Speaker.
The SPEAKER. The question is on the motion to adjourn offered
by the gentleman from Illinois [Mr. Michel].
The question was taken; and the Speaker announced that the noes
appeared to have it.
Mr. MICHEL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
179, nays 248, not voting 6, as follows:

[Roll No. 92] . .
. -------------------

SWEARING IN OF THE HONORABLE FRANK McCLOSKEY OF INDIANA AS A
MEMBER OF THE HOUSE

Sec. 3.18 The oath of office may be administered to Members-elect
during a vote by electronic device.⁽⁸³⁾
---------------------------------------------------------------------------
83. See 1 Hinds' Precedents Sec. 173 and 6 Cannon's Precedents Sec. 22.
---------------------------------------------------------------------------

On January 4, 2007,⁽⁸⁴⁾ during an electronic vote, the
Speaker administered the oath of office to Members-elect as follows:
---------------------------------------------------------------------------
84. 153 Cong. Rec. 17, 18, 110th Cong. 1st Sess. See also 145 Cong.
Rec. 233-35, 106th Cong. 1st Sess (Jan. 6, 1999) and 151 Cong.
Rec. 749, 109th Cong. 1st Sess. (Jan. 25, 2005).
---------------------------------------------------------------------------

swearing in of members-elect

The SPEAKER (during the vote).⁽⁸⁵⁾ Will the
gentleman from Texas (Mr. Gohmert), the gentleman from Kansas (Mr.
Moran), and the gentleman from Michigan (Mr. Rogers) kindly come to
the well of the House and take the oath of office.
---------------------------------------------------------------------------
85. Nancy Pelosi (CA).
---------------------------------------------------------------------------

Messrs. Gohmert, Moran of Kansas, and Rogers of Michigan
appeared at the bar of the House and took the oath of office, as
follows:
Do you solemnly swear or affirm that you will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that you will bear true faith and allegiance
to the same; that you take this obligation freely, without any
mental reservation or purpose of evasion; and that you will, well
and faithfully, discharge the duties of the office on which you are
about to enter, so help you God.
The SPEAKER. Congratulations.

Sec. 3.19 A Member-elect was permitted to take the oath of office
pending the question of engrossment and third reading of a bill
where the previous question was ordered to final passage without
intervening motion, except one motion to recommit.⁽⁸⁶⁾
---------------------------------------------------------------------------
86. Parliamentarian's Note: The Speaker has also administered the oath
of office to a Member-elect between the question of engrossment
and third reading and the vote on final passage, where the
previous question was operating pursuant to a special order of
business, but where the Speaker had postponed proceedings under
clause 1(c) of rule XIX. See House Rules and Manual Sec. 1000a
(2017). See 158 Cong. Rec. 1081, 112th Cong. 2d Sess. (Feb. 7,
2012).
---------------------------------------------------------------------------

On June 19, 2008,⁽⁸⁷⁾ the following occurred:
---------------------------------------------------------------------------
87. 154 Cong. Rec. 13047-49, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

So the amendment was agreed to.
The result of the vote was announced as above
recorded. -------------------

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:
Office of the Clerk,
House of Representatives,
Washington, DC, June 18, 2008.
Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.

Dear Madam Speaker: I have the honor to transmit herewith a
scanned copy of a letter received from Ms. Linda H. Lamone,
Administrator, Maryland State Board of Elections, indicating that,
according to the unofficial returns of the Special Election held
June 17, 2008, the Honorable Donna Edwards was elected
Representative to Congress for the Fourth Congressional District,
State of Maryland.
With best wishes, I am

Sincerely,
Lorraine C. Miller,
Clerk.

Enclosure.

Maryland
State Board of Elections,
Annapolis, MD, June 18, 2008.
Hon. Lorraine C. Miller
Clerk, House of Representatives,
The Capitol, Washington, DC.

Dear Ms. Miller: This letter is to advise you that the
unofficial results of the Special Election held on Tuesday, June
17, 2008, for Representative in Congress from the Fourth
Congressional District of Maryland show that Donna Edwards received
15,381 votes or 80 percent of the total number of votes cast for
that office on election day excluding absentee and provisional
ballots.
It would appear from these unofficial results that Donna
Edwards will be certified as the Representative in Congress from
Fourth Congressional District of Maryland.
As of the date of this letter, there is no contest to this
election.
As soon as the official results are certified, an official
Certificate of Election will be prepared for transmittal as
required by law.

Sincerely,
Linda H. Lamone,
Administrator. -------------------

SWEARING IN OF THE HONORABLE DONNA EDWARDS, OF MARYLAND, AS A
MEMBER OF THE HOUSE

Mr. [Steny] HOYER [of Maryland]. Madam Speaker, I ask unanimous
consent that the gentlewoman from Maryland, the Honorable Donna
Edwards, be permitted to take the oath of office today.
Her certificate of election has not arrived, but there is no
contest and no question has been raised with regard to her
election.
The SPEAKER.⁽⁸⁸⁾ Is there objection to the request
of the gentleman from Maryland?
---------------------------------------------------------------------------
88. Nancy Pelosi (CA).
---------------------------------------------------------------------------

There was no objection.
The SPEAKER. Will Representative-elect Edwards and the members
of the Maryland delegation present themselves in the well.
Ms. EDWARDS of Maryland appeared at the bar of the House and
took the oath of office, as follows:

The SPEAKER. Congratulations. You are now a Member of the 110th
Congress. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. Under clause 5(d) of rule XX, the Chair announces
to the House that, in light of the administration of the oath of
office to the gentlewoman from Maryland (Ms. Edwards), the whole
number of the House is
435. -------------------

FEDERAL EMPLOYEES PAID PARENTAL LEAVE ACT OF 2008

The SPEAKER pro tempore (Mr. [Earl] Blumenauer [of Oregon]).
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and
was read the third time.

Sec. 3.20 The oath of office may be administered to Members-elect
pending consideration of the resolution adopting the standing rules
of the House or during a recorded vote on the question of
consideration of that resolution.

On January 4, 2005,⁽⁸⁹⁾ a Member raised a question of
consideration with regard to the resolution adopting the standing
rules. During debate on the question (and subsequently during the vote
on the question), Members-elect were administered the oath of office as
follows:
---------------------------------------------------------------------------
89. 151 Cong. Rec. 46, 47, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker

The SPEAKER.⁽⁹⁰⁾ Before the gentleman proceeds, the
Chair would like to announce that any Member-elect who failed to
take the oath of office may present himself or herself in the well
of the House prior to any vote.
---------------------------------------------------------------------------
90. Dennis Hastert (IL).
---------------------------------------------------------------------------

swearing in of members-elect

Do you solemnly swear that you will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that you will bear true faith and allegiance to the same;
that you take this obligation freely, without any mental
reservation or purpose of evasion; and that you will well and
faithfully discharge the duties of the office upon which you are
about to enter. So help you God. . . .
Mr. [Brian] BAIRD [of Washington]. Mr. Speaker, consistent with
the oath of office that I just took, I would request that the
question of consideration be put to the body.
The SPEAKER. The question is, Will the House now consider House
Resolution 5.
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. BAIRD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER. Without objection, this will be an electronic vote
on the question of consideration.
There was no objection.
The vote was taken by electronic device, and there were--yeas
224, nays 192, answered ``present'' 1, not voting 11, as follows:

[Roll No. 3]. . .

swearing in of member-elect

The SPEAKER (during the vote). Will the gentleman from
California (Mr. Cox) kindly come to the well of the House and take
the oath of office at this time.
Mr. COX appeared at the bar of the House and took the oath of
office, as follows:

Sec. 3.21 Where the two Houses divide to consider an objection to the
counting of certain electoral votes for President and Vice
President, the oath of office may be administered in the separate
House session to a Member-elect during an electronic vote on the
question of agreeing to said objection.

On January 6, 2005,⁽⁹¹⁾ the House and Senate met in
joint session to count the electoral votes for President and Vice
President.⁽⁹²⁾ An objection was made to the counting of
certain electoral votes, and, pursuant to law,⁽⁹³⁾ the
Houses divided into separate sessions to consider the objection. During
the separate House session, the oath of office was administered to a
Member-elect during the vote on agreeing to the objection as follows:
---------------------------------------------------------------------------
91. 151 Cong. Rec. 199, 242, 243, 109th Cong. 1st Sess.
92. For more on the joint session to count electoral votes, see
Deschler's Precedents Ch. 10 and Precedents (Wickham) Ch. 10.
93. 3 U.S.C. Sec. 15.
---------------------------------------------------------------------------

The SPEAKER.⁽⁹⁴⁾ Pursuant to Senate Concurrent
Resolution 1 and section 17 of title 3, the United States Code,
when two Houses withdraw from the joint session to count the
electoral vote for separate consideration of objection, a
Representative may speak to the objection for 5 minutes and not
more than once. Debate shall not exceed 2 hours, after which the
Chair will put the question, ``Shall the objection be agreed to?''
---------------------------------------------------------------------------
94. Dennis Hastert (IL).
---------------------------------------------------------------------------

The Clerk will report the objection made in the joint session.
The Clerk read the objection as follows:

We, a Member of the House of Representatives and a United
States Senator, object to the counting of the electoral votes of
the State of Ohio on the ground that they were not, under all of
the known circumstances, regularly given.

Stephanie Tubbs Jones,
Representative, State of Ohio.

Barbara Boxer,
Senator, State of California.

The SPEAKER. The Chair will endeavor to alternate recognition
between Members speaking in support of the objection and Members
speaking in opposition to the objection.
The Chair recognizes the gentlewoman from Ohio (Mrs. Jones) for
5 minutes.
Mrs. [Stephanie Tubbs] JONES of Ohio. Mr. Speaker, I, Stephanie
Tubbs Jones, and Barbara Boxer, a Senator from California, have
objected to the counting of the electoral votes of the State of
Ohio on the ground that they were not, under all of the known
circumstances, regularly given.
I, thank God, have a Senator joining me in this objection, and
I appreciate Senator Boxer's willingness to listen to the plight of
hundreds, and even thousands of Ohio voters, that for a variety of
reasons were denied the right to vote. . . .
The SPEAKER. In the tradition of the House, the gentleman from
Texas will be heard for such time as he may consume. . .
. -------------------

SWEARING IN OF MEMBER-ELECT

The SPEAKER (during the vote). Will the gentleman from Georgia
(Mr. Norwood) please come to the well of the House and take the
oath of office at this time.
Mr. NORWOOD appeared at the bar of the House and took the oath
of office, as follows:

Sec. 3.22 The administration of the oath to a Member-elect may
interrupt the call of the roll of committees on Calendar
Wednesday.⁽⁹⁵⁾
---------------------------------------------------------------------------
95. Parliamentarian's Note: Calendar Wednesday procedures were used in
prior Congresses to expedite consideration of nonprivileged
measures reported by committees and the administration of the
oath of office was one of the few items of business that could
interrupt the call of committees under the rule. Clause 6 of
rule XV was amended in the 110th Congress to eliminate the
automatic call of committees and instead impose a notification
requirement (absent which the call does not occur). As such,
Calendar Wednesday procedures are rarely used in modern
practice. See House Rules and Manual Sec. 900 (2017). For more
on Calendar Wednesday, see Deschler's Precedents Ch. 21 Sec. 4
and Precedents (Wickham) Ch. 21.
---------------------------------------------------------------------------

On May 7, 2008,⁽⁹⁶⁾ the following proceedings occurred
during Calendar Wednesday:
---------------------------------------------------------------------------
96. 154 Cong. Rec. 7993, 7997, 7998, 8001, 110th Cong. 2d Sess. See
also 6 Cannon's Precedents Sec. 22.
---------------------------------------------------------------------------

CALENDAR WEDNESDAY

The SPEAKER pro tempore.⁽⁹⁷⁾ Today is the day of
Calendar Wednesday. The Clerk will call the roll of committees.
---------------------------------------------------------------------------
97. Michael McNulty (NY).
---------------------------------------------------------------------------

The Clerk called the committees. . . .

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:

Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.

Dear Madam Speaker: I have the honor to transmit herewith a
facsimile copy of a letter received from the Honorable Jay
Dardenne, Secretary of State, State of Louisiana, indicating that,
according to the unofficial returns of the Special Election held
May 3, 2008, the Honorable Steve Scalise was elected Representative
to Congress for the First Congressional District, State of
Louisiana.
With best wishes, I am

Sincerely,
Lorraine C. Miller,
Clerk.

Enclosure.

Hon. Lorraine C. Miller,
Clerk, House of Representatives,
The Capitol, Washington, DC.

Dear Ms. Miller: This is to advise you that the unofficial
results of the Special Election held on Saturday, May 3, 2008, for
Representative in Congress from the First Congressional District of
Louisiana, show that ``Steve'' Scalise received 33,867 or 75.13% of
the total number of votes cast for that office.
It would appear from these unofficial results that ``Steve''
Scalise was elected as Representative in Congress from the First
Congressional District of Louisiana.
To the best of our knowledge and belief at this time, there is
no contest to this election.
As soon as the official results are certified to this office by
all Parishes involved, an official Certificate of Election will be
prepared for transmittal as required by law.
If I can ever be of any assistance to you, please do not
hesitate contacting me.

With best wishes,
Jay Dardenne,
Secretary of State, State of Louisiana . .
. -------------------

SWEARING IN OF THE HONORABLE STEVE SCALISE, OF LOUISIANA, AS A
MEMBER OF THE HOUSE

Mr. [James] McCRERY [of Louisiana]. Madam Speaker, I ask
unanimous consent that the gentleman from Louisiana, the Honorable
Steve Scalise, be permitted to take the oath of office today.
His certificate of election has not arrived, but there is no
contest and no question has been raised with regard to his
election.
The SPEAKER.⁽⁹⁸⁾ Is there objection to the request
of the gentleman from Louisiana?
---------------------------------------------------------------------------
98. Nancy Pelosi (CA).
---------------------------------------------------------------------------

There was no objection.
The SPEAKER. Will the Representative-elect and the members of
the Louisiana delegation present themselves in the well.
Mr. Scalise appeared at the bar of the House and took the oath
of office, as follows:

The SPEAKER. Congratulations. You are now a Member of the 110th
Congress. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. Under clause 5(d) of rule XX, the Chair announces
to the House that, in light of the administration of the oath to
the gentleman from Louisiana, the whole number of the House is 434.
. . .

CALENDAR WEDNESDAY--Continued

The SPEAKER pro tempore (Mr. [Earl] Pomeroy [of North Dakota]).
The Clerk will resume the call of the roll of committees.
The Clerk called the committees.

Sec. 4. Challenging the Right to be Sworn

When the Speaker directs Members-elect to take the oath of office
en masse, any Member-elect may challenge the right of another Member-
elect to be sworn.⁽¹⁾ This authority derives from the
Constitution, which provides that ``Each House shall be the Judge of
the Elections, Returns, and Qualifications of its own
Members.''⁽²⁾ The challenging Member-elect must base the
challenge on either specific information or on his or her own
responsibility as a Member-elect.⁽³⁾ A challenge may be
directed at an individual Member-elect, or at an entire state
delegation.⁽⁴⁾
---------------------------------------------------------------------------
1. See, e.g., Deschler's Precedents Ch. 2 Sec. 6.1.
2. U.S. Const. art. I, Sec. 5, cl. 1; House Rules and Manual Sec. 46
(2017).
3. See Deschler's Precedents Ch. 2 Sec. 6.2. If the Member-elect does
not state a sufficient basis for the challenge, the House may
decline to entertain it. See 1 Hinds' Precedents Sec. 455.
4. See, e.g., Deschler's Precedents Ch. 2 Sec. Sec. 6.4, 6.5.
Instances of challenges being made to entire state delegations
are found primarily in the Civil War-era, where the issue was
the status of the constituency rather than the qualifications
or elections of the individual Members. See 1 Hinds' Precedents
Sec. Sec. 457, 460-462.
---------------------------------------------------------------------------

When a challenge is made, the Speaker requests that the challenged
Member(s)-elect not rise to take the oath with the rest of the
membership. The Speaker does not rule on the challenge but awaits a
decision of the House as to whether the challenged Member(s)-elect may
take the oath. A challenged Member-elect does not lose any rights or
privileges as a Member-elect.⁽⁵⁾ A challenged Member-elect
may be permitted to debate the issue of the right to the
seat.⁽⁶⁾ Challenged cases are taken up in the order in which
the challenges are made.⁽⁷⁾ While resolutions addressing the
right of a Member-elect to be sworn are privileged,⁽⁸⁾ the
House may complete other organizational business first,⁽⁹⁾
or proceed to legislative business by unanimous consent.⁽¹⁰⁾
---------------------------------------------------------------------------
5. For more on the status of Members-elect versus full Members, see
Sec. 1, supra.
6. Debate will generally not be permitted until the remaining Members-
elect have been sworn. See Deschler's Precedents Ch. 2
Sec. 6.3. For floor privileges of contestants and contestees in
election cases, see Deschler's Precedents Ch. 4 Sec. 4.5 and
Precedents (Wickham) Ch. 4 Sec. 5.
7. See 1 Hinds' Precedents Sec. Sec. 147, 148.
8. House Rules and Manual Sec. 201 (2017).
9. See 1 Hinds' Precedents Sec. 474.
10. See 1 Hinds' Precedents Sec. Sec. 151, 152.
---------------------------------------------------------------------------

The House typically resolves a challenge to seating a Member-elect
by one of three methods. The House may simply choose to authorize the
administration of the oath to the challenged Member-elect (by
privileged resolution), determining both the prima facie and final
right to the seat.⁽¹¹⁾ Alternatively, the House may only
determine the prima facie right to the seat and adopt a resolution
authorizing the administration of the oath, but referring the question
of the final right to the seat to a committee.⁽¹²⁾ Finally,
the House may choose not to permit the administration of the oath to
the Member-elect, but instead refer the issues of both the prima facie
and final right to the seat to committee.⁽¹³⁾ A variety of
factors determine which type of resolution the House will adopt,
including the grounds for the challenge and the sufficiency of the
evidence presented. If the House determines that a Member-elect should
not be seated, and that individual is reelected to that same Congress
(or a subsequent Congress), a new challenge must be made when such
individual appears to take the oath.⁽¹⁴⁾
---------------------------------------------------------------------------
11. See Deschler's Precedents Ch. 2 Sec. 6.5.
12. See 1 Hinds' Precedents Sec. 544. The committee with jurisdiction
over contested elections (and Federal elections generally) is
the Committee on House Administration. Rule X, clause 1(k)(12),
House Rules and Manual Sec. 724 (2017).
13. See, e.g., Sec. 4.1, infra.
14. See Deschler's Precedents Ch. 2 Sec. Sec. 6.7-6.9.
---------------------------------------------------------------------------

In 1969, Congress passed the Federal Contested Elections
Act⁽¹⁵⁾ which set forth procedures for resolving election
contests in the House.⁽¹⁶⁾ The filing of a ``notice of
contest'' under the statute by a contestant confers jurisdiction on the
Committee on House Administration to investigate the case and recommend
a course of action to the full House. No further action of the House is
necessary to begin that process. It is rare for a Member-elect to
formally challenge the administration of the oath to another Member-
elect based merely on the filing of a notice under the
statute.⁽¹⁷⁾ Rather, the House generally allows the
investigation to proceed under the statute and awaits the
recommendation of the committee. By seating a contestee under such
circumstances, the House makes the initial determination that the
individual has a prima facie right to the seat, but makes no such
determination as to the final right to the seat.⁽¹⁸⁾
---------------------------------------------------------------------------
15. P.L. 91-138, 83 Stat. 284, as amended by P.L. 104-186, 110 Stat.
1718, codified at 2 U.S.C. Sec. Sec. 381-396.
16. For election contests generally, see Deschler's Precedents Ch. 9
and Precedents (Wickham) Ch. 9.
17. For parliamentary inquiries on this issue, see Sec. 2.3, supra.
18. Id.
---------------------------------------------------------------------------

Since the advent of these statutory mechanisms for challenging the
right of a Member-elect to be seated, there have been relatively few
occasions in which a Member-elect took the initiative to offer a
challenge on the floor. In 1985, a challenge was made to the seating of
Richard McIntyre of Indiana, and the issue of the prima facie and final
right to the seat was referred to the Committee on House
Administration.⁽¹⁹⁾ Also in 1985, a challenge was made to
the seating of Richard Stallings of Idaho, but a resolution was adopted
authorizing the Speaker to administer the oath.⁽²⁰⁾ A notice
of a contested election had been filed in the case, and so there was no
need for the House to refer the issue of the final right to the seat to
committee.
---------------------------------------------------------------------------
19. See Sec. 4.2, infra. Following the committee investigation, the
House eventually seated the contestee in that case, Frank
McCloskey. See Sec. 3.8, supra.
20. See Sec. 4.1, infra.
---------------------------------------------------------------------------

Sec. 4.1 Where a candidate's certificate of election was contradicted
by extrinsic evidence of irregularities in state certification of
recount procedures (although not by documents from state election
officials), the Speaker requested the challenged Member-elect to
remain seated while other Members-elect were administered the oath
of office, following which the House adopted a resolution declaring
that neither candidate was to be sworn, and that the question of
the right to the seat be referred to the Committee on House
Administration.

On January 3, 1985,⁽²¹⁾ the following occurred:
---------------------------------------------------------------------------
21. 131 Cong. Rec. 380-382, 386-387, 99th Cong. 1st
Sess. -------------------
---------------------------------------------------------------------------

SWEARING IN OF MEMBERS

The SPEAKER.⁽²²⁾ According to the precedents, the
Chair will swear in all Members of the House at this time.
---------------------------------------------------------------------------
22. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Texas [Mr. Wright].
Mr. [James] WRIGHT. Mr. Speaker, upon my responsibility as a
Member-elect of the 99th Congress, I object to the oath being
administered to the gentleman from Indiana, Mr. McIntyre, and I
base this upon facts and statements which I consider to be
reliable.
The SPEAKER. Are there any other Members-elect who wish to
offer a challenge?
The Chair recognizes the gentleman from Indiana [Mr. Myers].
Mr. [John] MYERS of Indiana. Mr. Speaker, upon my
responsibility as a Member-elect of the 99th Congress, I object to
the oath of office being administered to the gentleman from Idaho,
Mr. Richard Stallings. I base this upon statements and information
which I deem reliable.
The SPEAKER. Are there any other Members-elect to be
challenged?
The Members-elect that have been challenged will be seated. The
remaining Members will take the oath of office.
The Members-elect and Delegates-elect and the Resident
Commissioner-elect rose, and the Speaker administered the oath of
office to them.
The SPEAKER. Congratulations. The gentlemen and gentlewomen are
now Members of the 99th Congress of the United
States. -------------------

REFERRING ELECTION OF A MEMBER FROM THE EIGHTH CONGRESSIONAL
DISTRICT OF INDIANA TO THE COMMITTEE ON HOUSE ADMINISTRATION

Mr. WRIGHT. Mr. Speaker, I have a privileged resolution at the
Clerk's desk, and I ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 1

Resolved, That the question of the right of Frank McCloskey or Richard
McIntyre to a seat in the Ninety-ninth Congress from the Eighth
Congressional District of Indiana shall be referred to the Committee on
House Administration, when elected, and neither Frank McCloskey nor Richard
McIntyre shall be sworn until the Committee on House Administration reports
upon and the House decides such question. For each day during the period
beginning on the date on which this resolution is agreed to and ending on
the day before the date on which the House decides such question, Frank
McCloskey and Richard McIntyre shall each be paid an amount equal to the
daily equivalent of the annual rate of basic pay payable to a Member of the
House. For the period beginning on the date on which this resolution is
agreed to and ending on the date on which the House decides such question,
the Clerk of the House shall provide for clerical assistants in the manner
provided by law for the case of death or resignation of a Member and shall
otherwise perform full administrative functions with respect to the Eighth
Congressional District of Indiana. There shall be paid from the contingent
fund of the House such sums as may be necessary to carry out this
resolution.

The SPEAKER. The gentleman from Texas [Mr. Wright], under the
precedents, is recognized for 1 hour
Mr. WRIGHT. Mr. Speaker, for purposes of debate only, I shall
yield 30 minutes to the gentleman from Minnesota [Mr. Frenzel], and
pending that, I yield myself such time as I may consume.

parliamentary inquiry

Mr. [George] GEKAS [of Pennsylvania]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. Does the gentleman from Texas yield for a
parliamentary inquiry?
Mr. WRIGHT. I yield to the gentleman from Pennsylvania for a
parliamentary inquiry, Mr. Speaker.
The SPEAKER. The gentleman will state his parliamentary
inquiry.
Mr. GEKAS. I simply would ask the Speaker of the House to pose
the question that is before the House precisely so that we know
about what the debate to ensue is concerned.
Mr. WRIGHT. I will be glad to explain, Mr. Speaker.
The SPEAKER. The answer to the point of parliamentary inquiry
is the gentleman from Texas [Mr. Wright] has offered in the House a
resolution which the Clerk has read. That is what the House is
debating, and that is what we will vote on.
Mr. GEKAS. Then, Mr. Speaker, I simply would ask the gentleman
to repeat at the outset the body of the resolution which he has
presented.
The SPEAKER. The gentleman from Texas [Mr. Wright] is
recognized.
Mr. WRIGHT. Mr. Speaker, I will be happy to explain the
resolution.
This is a very simple resolution which follows precedents
previously established in the House in situations which are
similar. This resolves the question in regard to the disputed
election in the Eighth Congressional District of Indiana in the
same manner in which previous disputes of a similar and, in fact,
almost identical nature have been resolved in the House.
The resolution provides that the question of the right of Frank
McCloskey or Richard McIntyre to a seat in the 99th Congress shall
be referred to the Committee on House Administration, and that
neither Frank McCloskey nor Richard McIntyre shall be sworn until
the Committee on House Administration reports upon, and the House
decides, the question of which is truly and duly elected.
This House, Mr. Speaker, has been invested by the Constitution
with the responsibility to judge the qualifications, returns, and
elections of its Members. That responsibility the House always has
taken very seriously. To prevent election disputes from
degenerating into partisan confrontations, the House has created a
general presumption in favor of the candidate who is certified by
the appropriate State election official as a Member-elect. That
certification carries with it the presumption that the State
election procedures have been timely, regular, and fairly
implemented.
The House will reject a certification only under the most
exceptional circumstances, where the very ability of the State
election procedures to determine the outcome accurately is put into
serious, question. Regrettably the election in the Eighth
Congressional District of Indiana falls into this most narrow of
exceptions.
The election procedures employed in the Eighth Congressional
District have been neither timely nor regular, and serious
questions have been raised with respect to their fairness. As of
today, the recount provided for by State law is far from complete.
Major changes in the election totals occur almost daily. The
outcome of the race has changed as different counties have
concluded their recounts. The results from the counties which have
certified new recount totals would give Mr. McCloskey a lead of
some 47 votes at this particular moment, and that, of course,
differs from the results upon which the secretary of state based
his certification to the House. His certification reflects only the
totals from the first county of the multicounty district which
completed its recount.
The State procedures have consequently failed to produce a
timely resolution of the election on which the House can
confidently rely in discharging our constitutional responsibility.
Neither has the State procedure been regular in its
application; 15 separate counties are participating in the recount.
Each such county is operating under its own set of rules. As a
consequence, ballots bearing identical minor flaws are counted or
not counted, depending upon the individual county involved. There
is no uniformity of rule or application. Literally hundreds of
votes already have been disallowed.
The technical requirements for counting votes in Indiana are so
complex and so confusing that the recount underway has not to date
produced a result on which the House can rely. Discrepancies in
vote totals from election night and during the recount make it
absolutely impossible at this stage to determine with certitude who
is the duly elected Member from the Eighth Congressional District
of Indiana. Seating one candidate or another would be based on mere
speculation.
Questions have been raised additionally about the extent to
which the certification and recount procedures may have been
subject to partisan pressures, and this puts into question the
impartiality and the fairness of the process. The combination of
these factors renders the House at this time unable to judge the
election in a manner commensurate with its constitutional
responsibility to the people of the Eighth Congressional District
of Indiana. The election procedures to date have simply not yielded
a result on which the House can judge.
A very similar, in fact almost identical situation confronted
the House in 1961 in a contest between Mr. Roush and Mr. Chambers.
Ironically, that case arose also in the State of Indiana. In
that instance, which forms the closest on-point precedent to the
present situation, Mr. Chambers was certified by the secretary of
state as having been elected based upon a unilateral determination
of error on the part of the secretary of state. In that instance
the House asked both candidates to stand aside, as this resolution
would ask today.
In that prior instance the complete investigation and recount
revealed that the secretary of state was in error and that Mr.
Roush had been duly and truly elected.
And so, Mr. Speaker, in keeping with the solemn constitutional
responsibility of the House and pursuant to the best precedent
available to us, I find it most unfortunate that we are resorting
to this extraordinary measure, but I find it to be the only fair
and honorable procedure available to us.
Let me assure my colleagues, and more importantly assure the
voters of the Eighth Congressional District of Indiana, that this
matter will be resolved fairly and openly, and I hope, trust, and
intend that it shall be resolved expeditiously.
Mr. Speaker, I reserve the balance of my time.
Mr. [William] FRENZEL [of Minnesota]. Mr. Speaker, I yield 2\1/
2\ minutes to the distinguished minority leader, the gentleman from
Illinois [Mr. MICHEL]. . . .
To do anything short of seating Mr. McIntyre, in effect
disenfranchises 500,000 Indiana citizens for an indefinite period
of time.
They would have no voice, no voice, and without good cause.
One final point: The shadow of the Supreme Court case of Powell
versus McCormack rests in this Chamber today. Some of us recall how
the House excluded Representative-elect Powell from the 90th
Congress. He had a certificate of election. Let us remember that
the bottom line of that decision was ``In judging the qualification
of its Members under Article I, section 5, the Congress is limited
to the standing qualifications expressly prescribed by the
Constitution.'' And that is, as I recall from my grade school
history, being 25 years of age, a citizen of the United States for
7 years, an inhabitant of the State from which one is elected, and
holding a certificate of election from one's secretary of State.
That is all that it says.
And we were in error some time ago when we denied a Member a
seat because we did not adhere to those four basic principles and
you are going to do the same thing here today if you do not vote
down the gentleman from Texas' resolution.
Mr. Speaker, I yield back the balance of my time.
Mr. FRENZEL. Mr. Speaker, I yield 5 minutes to the gentleman
from Indiana, Mr. McIntyre.
The SPEAKER. The gentleman does not have the right to
participate in debate unless the House agrees. If there is an
objection from the House, the gentleman may not speak.
Without objection, the gentleman is entitled to 5 minutes.
There was no objection.
Mr. McINTYRE. Thank you, Mr. Speaker.
Mr. Speaker, and Members of the House, I did not expect my
maiden speech to the House to be like this and I wish that it was
not. But I do appreciate the opportunity.
As you know from the testimony here today we had a very close
election in Indiana. I was certified the winner by 34 votes. . . .
Mr. WRIGHT. Mr. Speaker, I yield myself such time as I may
consume. I had not intended to speak again on this subject; I do so
only to make abundantly clear in the Record that no violation of
precedent or principle is being contemplated by the resolution
presently under consideration. . . .
I have just one other thing to say, and this is with respect to
the suggestion that somehow what we are doing today runs contrary
to the ruling of the Supreme Court in the case of Powell versus
McCormack. That is not true either.
Section 5 of article I of the Constitution reads as follows:
Each House shall be the judge of the elections, returns, and
qualifications of its own Members.
In the McCormack case, we were not attempting to Judge an
election; we were presuming to judge qualifications. The Court, in
my opinion rightly, held that the House could not add to the
constitutionally enumerated qualifications. So in the case of Mr.
Powell we were held by the court to have acted unconstitutionally.
We were not Judging an election; we were judging qualifications.
Today, there is no question of qualifications. Nobody has
suggested that the splendid young gentleman, Mr. McIntyre, lacks
qualifications or that he is not constitutionally qualified to
serve if it shall be determined that he was, indeed, duly elected.
Nobody has made that suggestion. We are not presuming to judge his
qualifications, as the House has in the Powell case.
What we are attempting to do here is to fulfill our
constitutional responsibility to make certain that an election has
been duly and truly held, that its result has been timely and
regular, and that the procedures have been fair. In this instance,
there is serious question.
So we are attempting to do what we think is the only fair thing
to do. That is to ask each of the two contestants to stand aside
until the Committee on House Administration shall have completed
its recount and rendered its judgment.
Mr. Speaker, on the resolution, I call for the previous
question.
Mr. FRENZEL. Mr. Speaker, will the gentleman yield for a
question on his resolution?
Mr. WRIGHT. Mr. Speaker, I will withhold my call for the
previous question in order that I may yield to my friend, Mr.
Frenzel.
Mr. FRENZEL. I appreciate the gentleman yielding.
Mr. Speaker, on page 2, in lines 13 through 19, it describes
the duties of the Clerk providing clerical assistance to maintain
the full administrative functions for the Eighth District of
Indiana.
My question is: Can the distinguished majority leader assure us
that none of the employees of former Congressman McCloskey will be
maintained on the House payroll for the purposes of performing full
administrative functions with respect to the Eighth District of
Indiana?
Mr. WRIGHT. I think I understand the gentleman's question.
I would presume that the Clerk of the House will act in exactly
the same way as he did in the Phil Gramm case, and exactly as he
does in cases involving the death of a Member. I think that is in
keeping with his constitutional responsibilities.
I move the previous question on the resolution, Mr. Speaker. .
. .
The question is on ordering the previous question.
The previous question was ordered.
The SPEAKER. The question is on the resolution.
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. FRENZEL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
238, nays 177, not voting 11, as follows:

[Roll No. 3] . . .

The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

Sec. 4.2 Where the right of a Member-elect to take the oath of office
was challenged, the Majority Leader offered a resolution
authorizing the Speaker to administer the oath to the Member-
elect.⁽²³⁾
---------------------------------------------------------------------------
23. Parliamentarian's Note: As noted in debate on this resolution,
notice of an election contest had been filed with the Clerk
pursuant to statute (2 U.S.C. Sec. Sec. 381 et seq.) and an
investigation begun. As a result, it was not necessary for the
House to refer the issue to the final right to the seat to the
Committee on House Administration.
---------------------------------------------------------------------------

On January 3, 1985,⁽²⁴⁾ the following occurred:
---------------------------------------------------------------------------
24. 131 Cong. Rec. 381, 388-89, 391, 392, 99th Cong. 1st Sess. See also
Precedents (Wickham) Ch. 4 Sec. 3.6 (broadcasting committee
proceedings on recount of ballots in election contest).
---------------------------------------------------------------------------

Mr. [James] WRIGHT [of Texas]. Mr. Speaker, I have a privileged
resolution at the Clerk's desk, and I ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 2

Resolved, That the Speaker is hereby authorized and directed to
administer the oath of office to the gentleman from Idaho, Mr. Stallings.

The SPEAKER.⁽²⁵⁾ The gentleman from Texas [Mr.
Wright] is recognized for 1 hour.
---------------------------------------------------------------------------
25. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. WRIGHT. Mr. Speaker, I do not expect this debate to consume
an hour.
Mr. Speaker, I will yield 15 minutes, for purposes of debate
only, to the gentleman from Indiana [Mr. Myers]. I also yield
myself 15 minutes for that purpose, pending which, for that purpose
only, I yield 15 minutes to the gentleman from Indiana [Mr. Myers].
Mr. MYERS of Indiana. Mr. Speaker, earlier today when two
Members were asked to stand aside, I asked to be one of those to
stand aside for one reason.
I asked for Mr. Stallings of Idaho to stand aside for one
reason. Even though it is not required by statute to do this,
historically we have asked seats in question to stand aside, and
then be sworn in without prejudice. . . .
I include the following:
State of Idaho,
Secretary of State,
Boise, January 2, 1985.
Benjamin J. Guthrie,
Clerk, U.S. House of Representatives,
U.S. Capitol, Washington, DC.

Dear Mr. Guthrie: As the chief election officer of the State of
Idaho I present this correspondence to further inform your office
of certain proceedings presently pending in Idaho.
The Second District Congressional election in Idaho was decided
by 170 votes.
Since issuance of the certificate of election by my office,
certain allegations of substantial irregularities involving
registration and voting in Blaine County, Idaho, have been
presented by a member of our legislature. The alleged
irregularities are stated to be of sufficient volume to potentially
change the result of this congressional election.
In light of these complained of election irregularities, our
office has sought the assistance of the Idaho Attorney General's
office. The Idaho Attorney General's office is presently
investigating these matters.
As you are aware our office has requested the assistance of the
U.S. Attorney's office in investigating this matter.
Presently the U.S. Attorney's office has referred this request
to their chief of election crimes branch in order that review of
this matter may be expedited.
In Blaine County, Fifth District Judge Douglas Kramer has
appointed special inquiry Magistrate Judge William Hart of Lincoln
County, Idaho to head a probe of alleged voter fraud and election
irregularities in Blaine County.
Blaine County Prosecuting Attorney Keith Roark, a democrat, has
also initiated an investigation in this matter. The special inquiry
procedure gives the prosecutor broad subpoena powers to investigate
these matters. Mr. Roark has also asked the Federal Bureau of
Investigation to Join in this investigation as well.
In the Idaho legislature, a special legislative committee will
investigate the alleged election irregularities in Blaine County.
As the State's Chief Election official, I have pledged full
cooperation and support to any partisan, bipartisan or non partisan
agency, committee or office investigating the election
irregularities in Blaine County, Idaho.
Since it is contended the outcome of these investigations may
have a substantial impact on this election as well as other local
elections. I have requested that these bipartisan investigations be
completed as soon as is possible.
It continues to be my fervent hope that these matters will be
resolved shortly and that the will of the people of Idaho will be
accurately stated by sending to Washington that representative duly
and lawfully elected.

Yours Truly,
Pete T. Cenarrusa,
Secretary of State of Idaho. . . .

It will be a matter of delight for me to see how my friends on
the Democratic side can rationalize one vote one way and another
vote the other.
Let us look at the difference in the two campaigns. Both of
them were close contests. Stallings was declared a winner by 170
votes; McIntyre by 40. Was there a contest filed by McCloskey? No.
Is there a contest in the Stallings race? Yes, there is, duly filed
with the House of Representatives, and of course a flock of court
cases. . . .
Mr. WRIGHT. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I think it is significant that each of those on
the other side who have spoken to this question have urged an aye
vote on my motion. . . .
I think there are several clearly distinguishable features
between this instance and the instance which we earlier resolved.
In the first place, the Idaho case is similar to hundreds of cases
that have occurred, whereas the Indiana case is distinct in various
particulars. In the Idaho instance, the process was completed in a
timely fashion. In Indiana, the process is unlikely to be completed
for weeks yet to come. In Idaho, uniform procedures were followed
for counting the ballots. In Indiana, the ballots were counted
under 15 different sets of rules, and some of them have not been
fully counted yet.
In Idaho the certification proceeded according to State law. In
Indiana, the certification was held up until one county completed
its recount, then hastily made and has not been left open for
change. In Idaho, there was no discrepancy in the result. A recount
was conducted by the State, was completed, and the gentleman from
Idaho [Mr. Stallings], was declared to be the victor.
In Indiana, by contrast, the result is different according to
which recount totals one uses. In Idaho, the State law is clear. In
Indiana, the State law is complex and confusing. In Idaho, there
were very few votes disallowed. In Indiana, hundreds, literally
hundreds of votes have been disallowed.
Finally, in Idaho, all the State remedies have been exhausted
and Mr. Stallings has been declared the winner. In Indiana, State
remedies still remain. For all of these reasons, the two cases are
clearly distinguishable, and I do not expect that Members are
likely to vote against this present resolution, but I do want all
of us to understand that in so doing we are not behaving in a
manner inconsistent from the manner which we followed earlier in
our determination that we were not yet prepared on the strength of
the information available to us at this moment, to declare who the
winner was in the instance of the Eighth District of Indiana.
In the present instance, I think we are prepared, and I move
the previous question on the resolution.
The SPEAKER pro tempore (Mr. [Thomas] Foley [of Washington]).
Without objection, the previous question is ordered on the
resolution.
The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [William] FRENZEL [of Minnesota]. Mr. Speaker, on that I
demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
407, nays 0, answered ``present'' 1, not voting 18, as follows:

[Roll No. 4] . . .

The SPEAKER. Will the gentleman from Arizona [Mr. Udall] kindly
bring the gentleman from Idaho [Mr. Stallings] to the well?
Does the gentleman from Arizona have any remarks that he wishes
to express at this time?
Mr. [Morris] UDALL [of Arizona]. No, Mr. Speaker.
The Speaker administered the oath of office to the Member-
elect, the Honorable Richard H. Stallings of Idaho.
The SPEAKER. Congratulations. You are now a Member of the
Congress of the United States.
PRECEDENTS OF THE HOUSE
Ch. 2

INDEX-OATHS

Adjournment
oath of office, relationship to motion to adjourn, Sec. Sec. 3,
3.17
Administration of the Oath of Office
see Oath of Office
Calendar Wednesday
oath of office administered during call of committees, Sec. Sec. 3,
3.22
Certificates of Election
Clerk compiles roll of Members-elect using, Sec. 2
death of Member-elect, effect on Clerk's roll, Sec. Sec. 2, 2.4
election contests, as evidence in, Sec. 2
email scan, transmittal by, Sec. Sec. 3, 3.6
fax, transmittal by, Sec. Sec. 3, 3.5
receipt by Clerk, Sec. Sec. 2, 3, 3.5, 3.6
resignation of Member-elect, effect on Clerk's roll, Sec. Sec. 2,
2.5
unanimous consent to be included on Clerk's roll in absence of,
Sec. Sec. 2, 2.1, 2.2
Challenging the Right to be Sworn
election contests, relationship to, Sec. Sec. 3, 4
in general, Sec. 4
resolution authorizing administration of the oath of office
following challenge, Sec. 4.2
timing, Sec. Sec. 3, 4
Classified Briefings
see Oath of Secrecy
Clerk of the House
certificates of election received by, Sec. 2
oath of office, publication of names of Members who have taken,
Sec. Sec. 1, 1.1
oath of secrecy, publication of names of Members who have taken,
Sec. Sec. 1, 1.4
roll of Members-elect compiled by, Sec. 2
Clerk's Roll
see Certificates of Election and Clerk
Committee on House Administration
election contests, jurisdiction over, Sec. 4
election contests, privileged resolution resolving reported by,
Sec. Sec. 3.8, 4
jurisdiction over election contests, Sec. 4
resolution resolving election contest reported by, Sec. Sec. 3.8, 4
Committees
election to, contingent on taking oath, Sec. Sec. 1, 1.2, 1.3
jurisdiction over election contests, see Committee on House
Administration and Election Contests
Congressional Record
oath of office, names of Members who have taken published in,
Sec. Sec. 1, 1.1
oath of secrecy, names of Members who have taken published in,
Sec. Sec. 1, 1.4
Constitution
challenging the right to be sworn, authorization derives from,
Sec. 4
election of Speaker, Members-elect authorized to participate in,
Sec. 1
Members-elect, constitutional rights and privileges generally,
Sec. 1
oath required by, Sec. Sec. 1, 1.1
quorum call on opening day, Members-elect authorized to participate
in, Sec. 1
yeas and nays, Members-elect authorized to call for, Sec. 1
Contested Elections
see Election Contests
Credentials
see Certificates of Election
Dean of the House
oath of office administered to Speaker by, Sec. 3
Death
Clerk's roll, deceased Members-elect included on, Sec. Sec. 2, 2.4
Election Contests
certificates of election, relationship to, Sec. 2
challenging the right to be sworn, relationship to, Sec. 3
Federal Contested Elections Act, Sec. 4
floor privileges of contestants in, Sec. 1
floor privileges of contestees in, Sec. 1
oath of office, relationship to, Sec. 2.3
parliamentary inquiries regarding, Sec. Sec. 2.3, 3
privileged resolution resolving, Sec. Sec. 3.8, 4
referral to committee, Sec. Sec. 3, 3.7, 4, 4.1
Election of Speaker
see Speaker of the House
Electoral College
oath administered during vote on objection to counting, Sec. 3.21
Federal Contested Elections Act
see Election Contests
Floor Privileges
contestants in election cases, Sec. 1
contestees in election cases, Sec. 1
House Administration
see Committee on House Administration
Leaves of Absence
Members-elect taking, Sec. 1.8
Incomptaible Offices
oath of office, administration delayed pending resignation from,
Sec. Sec. 1, 1.7
Journal
amendments to, administration of oath of office has precedence
over, Sec. 3
oath of office, names of Members who have taken published in,
Sec. Sec. 1, 1.1
Members-elect
constitutional rights and privileges of, Sec. 1
death of, effect on Clerk's roll, Sec. Sec. 2, 2.4
election of Speaker, participation in, Sec. 1
election to committees, contingent on taking oath, 1,
Sec. Sec. 1.2, 1.3
incomptaible offices, resignation from, Sec. Sec. 1, 1.7
leaves of absence, taking, Sec. 1.8
Members distinguished, Sec. 1
oath of office administered to by Speaker, Sec. Sec. 1, 3, 3.1, 3.2
oath of office administered to by deputy appointed by Speaker,
Sec. Sec. 3, 3.13
oath of office, unanimous-consent request to take without
certificate of election, Sec. Sec. 2, 2.1, 2.2, 3.10
organization of the House generally, participation in, Sec. 1
quorum call on opening day, participation in, Sec. 1
ratification of improper actions taken by, Sec. 3.3
resignation of, effect on Clerk's roll, Sec. Sec. 2, 2.5
vacating improper actions taken by, Sec. 3.3
yeas and nays, ability to call for, Sec. 1
Motions
adjourn, relationship of administration of oath of office to,
Sec. 3
Members-elect, ability to offer prior to administration of oath of
office, Sec. 1
previous question, effect of ordering on administration of oath of
office, Sec. Sec. 3, 3.19
Oath of Office
acceptance by House of administration by deputy, Sec. Sec. 3, 3.15
adjournment, relationship to, Sec. Sec. 3, 3.17
administration authorized by resolution, Sec. Sec. 3, 3.7, 3.9, 4.2
administration authorized by unanimous consent, Sec. Sec. 3, 3.10
administration during quorum call, Sec. 3.16
administration during vote, Sec. Sec. 3, 3.18, 3.20, 3.21
administration following quorum call at second session, Sec. 3.4
administration following special election, Sec. Sec. 3, 3.5, 3.10
administration to Members-elect by Speaker, Sec. Sec. 1, 3, 3.1,
3.2
administration to Members-elect following special election, Sec. 3
administration to officers of the House by Speaker, Sec. 1
administration to Speaker by Dean of the House, Sec. 3
Congressional Record, publication of names of Members who have
taken, Sec. Sec. 1, 1.1
constitutional requirements, Sec. 1
Dean of the House, administration to Speaker by, Sec. 3
delayed pending resignation from incompatible office, Sec. Sec. 1,
1.7
deputy authorized to administer, Sec. Sec. 3, 3.13
election contests, effect of administration on, Sec. 2.3
election to committee, requirement to take, Sec. Sec. 1, 1.2, 1.3
form pursuant to statute, Sec. Sec. 1, 1.1
general parliamentary law, relationship to, Sec. 1
Journal, publication of names of Members who have taken in,
Sec. Sec. 1, 1.1
oath of secrecy distinguished, Sec. 1
parliamentary inquiries regarding timing, Sec. 3.11
previous question, effect of ordering on administration,
Sec. Sec. 3, 3.19
quorum call, administration during, Sec. 3.16
resolution authorizing administration to Member-elect, Sec. Sec. 3,
3.7, 3.9, 4.2
salary and benefits of Members, relationship to, Sec. Sec. 1, 1.6
Speaker pro tempore authorized to administer, Sec. 3.10
Speaker's role in administering, Sec. Sec. 1, 3, 3.1, 3.2
special elections, administration following, Sec. Sec. 3, 3.5, 3.10
transmittal of unofficial results not sufficient to support
administration of, Sec. 3
unanimous-consent request to take without certificate of election,
Sec. Sec. 2, 2.1, 2.2
unanimous-consent requests to authorize administration of,
Sec. Sec. 3, 3.10
unanimous-consent requests to authorize appointed Speaker pro
tempore to administer, Sec. 3
vote, administration during, Sec. Sec. 3, 3.18, 3.20, 3.21
Oath of Secrecy
classified briefings, requirements regarding, Sec. Sec. 1, 1.5
oath of office distinguished, Sec. 1
publication by Clerk of names of Members who have taken,
Sec. Sec. 1, 1.4
secret sessions, requirements regarding, Sec. 1
Officers of the House
Clerk, see Clerk of the House
oath of office administered by Speaker to, Sec. 1
Speaker, see Speaker of the House
Speaker pro tempore, see Speaker pro tempore
Parliamentary Inquiries
election contests, inquiries regarding, Sec. Sec. 2.3, 3
oath of office, inquiries regarding administration, Sec. 3.11
Points of Order
Members-elect, ability to raise, Sec. 1
Precedence
adjourn, motion to, relationship to administration of oath of
office, Sec. Sec. 3, 3.17
oath of office, administration has precedence over motion to amend
Journal, Sec. 3
Previous Question
see Motions
Privileged Questions
deputy authorized to administer the oath of office, resolutions
related to, Sec. Sec. 3, 3.13, 3.15
election contest, resolution resolving, Sec. Sec. 3.8, 4
oath of office, resolutions authorizing Speaker to administer,
Sec. Sec. 3.7, 3.9
resolution accepting administration of oath by deputy,
Sec. Sec. 3.15
resolution authorizing Speaker to administer the oath of office,
Sec. Sec. 3.7, 3.9, 4.2
resolution authorizing Speaker to appoint deputy to administer the
oath of office, Sec. Sec. 3, 3.13
resolution resolving election contest, Sec. Sec. 3.8, 4
Question of Consideration
oath of office administered during vote on, Sec. Sec. 3, 3.20
Quorums and Quorum Calls
Clerk's roll of Members-elect used in opening day quorum call,
Sec. 2
first session quorum call, Members-elect participate in, Sec. 1
Members-elect may participate in opening day quorum call, Sec. 1
oath of office administered during quorum call, Sec. Sec. 3, 3.16
oath of office, administration does not require quorum, Sec. 3
second session quorum call, administration of oath of office
following, Sec. Sec. 3, 3.4
Referrals
final right to seat, question referred to committee, Sec. Sec. 3,
3.7, 4, 4.1
jurisdiction over election contests, see Committee on House
Administration and Election Contests
prima facie right to seat, question referred to committee,
Sec. Sec. 4, 4.1
Resignation
Clerk's roll, resigned Members-elect included on, Sec. Sec. 2, 2.5
incomptaible offices, administration of oath of office delayed
pending resignation from, Sec. Sec. 1, 1.7
Rules of the House
oath of office administered during consideration of resolution
adopting, Sec. Sec. 3, 3.20
Secret Sessions
oath of secrecy required, Sec. 1
Speaker of the House
deputy to administer oath of office, authorization to appoint,
Sec. Sec. 3, 3.13
deputy to administer oath of office, notification of appointment,
Sec. 3.13
deputy to administer oath of office, notification that oath had
been administered, Sec. 3.14
election of, Members-elect may participate in, Sec. 1
oath of office administered by Dean of the House to, Sec. 3
oath of office administered to Members-elect by, Sec. 3
oath of office administered to officers of the House by, Sec. 1
parliamentary inquiries regarding administration of oath of office
entertained by, Sec. 3.11
parliamentary inquiries regarding election contests entertained by,
Sec. Sec. 2.3, 3
Speaker Pro Tempore, see Speaker pro tempore
Speaker Pro Tempore
appointed, administration of the oath of office by, Sec. 3
elected, administration of the oath of office by, Sec. Sec. 3, 3.12
oath of office administered by, Sec. Sec. 3, 3.12
unanimous-consent request to permit administration of the oath of
office by, Sec. 3
Special Order of Business
oath of office administered during consideration of, Sec. 3
Special Elections
oath of office administered to Members-elect following,
Sec. Sec. 3, 3.5, 3.10
vacancies created between sessions, Sec. 3
Swearing in
see Oath of Office
Unanimous Consent
Clerk's roll of Members-elect, requests to be included on,
Sec. Sec. 2, 2.1, 2.2
oath of office, when request to administer is required,
Sec. Sec. 3, 3.5, 3.10
Speaker pro tempore, appointed, requests to permit administration
of oath of office, Sec. 3
Vacancies
see Special Elections, Death, and Resignation
Voting
election of Speaker, Members-elect may participate in, Sec. 1
oath of office administered during vote, Sec. Sec. 3, 3.18, 3.20,
3.21
yeas and nays, Members-elect may call for, Sec. 1

CHAPTER 3

Party Organization
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Commentary and editing by Andrew S. Neal, J.D. and Max A. Spitzer,
J.D., LL.M.
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A. The Democratic Caucus and the Republican Conference

Sec. 1. In General

Sec. 2. Role of Parties at Organization

Sec. 3. Other Duties and Functions of the Caucus or
Conference

Sec. 4. Party Committees and Other Informal Groups

B. Floor Leaders and Party Whips

Sec. 5. In General

Sec. 6. The Majority Leader and the Minority Leader

Sec. 7. Party Whips

C. Committee Assignments

Sec. 8. Electing Members to Committees

Sec. 9. Committee Size and Ratios; Limitations on
Service

Sec. 10. Committee Procedures and Staff

D. Party Affiliation and Debate

Sec. 11. Recognition for Debate Based on Party
Affiliation

Sec. 12. Non-Legislative Debate

Party Organization

A. The Democratic Caucus and the Republican Conference

Sec. 1. In General

From the earliest days of the American republic, Members of
Congress have grouped themselves into different factions, blocs, or
parties.⁽¹⁾ Even in the first Congresses, under the
presidencies of George Washington and John Adams, Members divided along
pro-administration and anti-administration lines to signal agreement or
disagreement with the policies of the executive branch. Differing
groups have also frequently formed along regional lines, with Members
from similar areas coming together to promote interests specific to
their geographic locale. Conflicts between regional factions have been
common in American history, most notably in the years leading up to the
Civil War.
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1. Parliamentarian's Note: In 1796, George Washington penned a
``Farewell Address'' to the American people, in which he warned
that the spirit of faction might weaken constitutional
government and thus deprive the people of their rights. In
1862, a special joint session of Congress was held to hear a
reading of the address, beginning a tradition of annual
readings of the address on the House floor. 5 Hinds' Precedents
Sec. 7070. The tradition was discontinued in the House after
1979 (Deschler's Precedents Ch. 36 Sec. 3.6) but the Senate
still conducts an annual reading of the address. See, e.g., 163
Cong. Rec. S1424-S1428 [Daily Ed.], 115th Cong. 1st Sess. (Feb.
27, 2017).
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By far the most consequential division in American history has been
between the two major political parties that coalesced after the Civil
War_the Democratic party and the Republican party.⁽²⁾
Although there have been many instances of House Members belonging to
third parties or claiming independence from either party,⁽³⁾
for over 150 years most Members have formally identified as members of
either the Democratic party or the Republican party.⁽⁴⁾ The
name for the Democratic party organization in the House is the
Democratic Caucus, while the name for the Republican party organization
is the Republican Conference.⁽⁵⁾
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2. Parliamentarian's Note: The Democratic party traces its origins
back to the 1830s, and was formed from the remnants of the
Democratic-Republican party founded by Thomas Jefferson and
James Madison. The Republican party (also known as the G.O.P.
or ``Grand Old Party'') was founded in 1854 as primarily an
anti-slavery party opposed to the extension of slavery into new
states and territories. See Robert V. Remini, The House, 116,
150 (Harper Collins 2006).
3. For issues relating to committee assignments for independent or
third-party Members, see Sec. 8, infra.
4. Parliamentarian's Note: In the 35th Congress (1857), Democrats and
Republicans held the majority of all seats in the House for the
first time, with fifteen additional Members affiliating with
neither major party. Throughout the remainder of the 19th
century, each Congress saw at most a few dozen Members elected
under a variety of different party labels_``Americans,''
``Unionists,'' ``Nationals,'' ``Silverites,'' ``Populists,'' as
well as ``Independent Democrats'' and ``Independent
Republicans.'' In the early part of the 20th century, House
Members were occasionally elected on ``Socialist,''
``Progressive,'' or ``Farm-Labor'' tickets, but the vast
majority continued to come from either the Democratic or
Republican parties. Since the Second World War, not more than
five Members in any Congress have chosen to formally affiliate
with neither of the major political parties. History, Art &
Archives, House of Representatives, Party Divisions of the
House of Representatives, www.history.house.gov/institution/
Party-Divisions/Party-Divisions (Mar. 27, 2017).
5. In this chapter, the generic term ``caucus'' will sometimes to be
used to describe either party organization.
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This chapter describes the role of party organization in the
overall legislative and organizational framework of the House. The
parliamentary significance of how the major party caucuses are
organized is quite limited. The Democratic party and the Republican
party are private institutions that are, by their very nature, separate
and distinct entities from the public institution that is the United
States House of Representatives. Thus, the rules and precedents of the
House do not govern the internal structure and procedures of the House
subunits of these organizations. To the extent that the standing rules
of the House address the respective major party caucuses, it is
primarily as an acknowledgment that such external organizations exist
and have created their own leadership positions and internal
hierarchies_factors that can be useful in providing an equitable
distribution of such things as debate time on the floor, committee
assignments, funding for staff, and resources of the House generally.
The party organizations can therefore be seen as the conduits through
which Members advance their interests, defend their rights and
privileges as Members, and negotiate compromises with Members
affiliating with the other party. However, for the most part, the
formal rules of the House treat Members as individuals and rarely take
cognizance of Members' party affiliation.⁽⁶⁾
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6. See Sec. 1.1, infra.
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However, the existence of majority and minority divisions within a
legislative body is a fact that cannot be wholly ignored by the
established rules of procedure. Thomas Jefferson, in his Manual of
Parliamentary Practice, referenced the experience of the British House
of Commons to comment on the function of rules of proceeding as a check
on the actions of the majority: ``[I]t is always in the power of the
majority, by their numbers, to stop any improper measures proposed on
the part of their opponents...the only weapons by which the minority
can defend themselves against similar attempts from those in power are
the forms and rules of proceeding which have been adopted as they were
found necessary, from time to time, and are become the law of the
House, by a strict adherence to which the weaker party can only be
protected from those irregularities and abuses which these forms were
intended to check...''⁽⁷⁾ On the other side of the ledger,
former Speaker Thomas B. Reed of Maine, who presided over a period of
intense partisanship that saw the minority party engage in a variety of
dilatory and obstructive tactics to delay and defeat legislative
measures, also provided commentary on this issue. Writing a century
after Jefferson, Reed remarked, ``[I]f tyranny of the majority is hard,
the tyranny of the minority is simply unendurable. The rules, then,
ought to be rearranged as to facilitate the action of the
majority...''⁽⁸⁾ However the majority and minority divisions
in the House are established, the rules of proceeding must necessarily
balance the interest of protecting the minority from arbitrary rule
against that of facilitating the orderly process by which the majority
may express its will.
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7. House Rules and Manual Sec. 283 (2017).
8. Thomas B. Reed, Rules of the House of Representatives, Century
Magazine, November 1888 at 795.
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The Speaker as Party Leader

The Speaker of the House assumes a dual role of both institutional
representative and party leader.⁽⁹⁾ The earliest Speakers of
the House tended to view the position as akin to that of Speaker of the
British House of Commons, i.e., that of a neutral arbiter, purposefully
avoiding partisan sentiment. However, as early as the speakership of
Henry Clay of Kentucky in the 12th Congress (1811), the Speaker has
taken on, in addition to institutional responsibilities, the role of
leader of the party or faction nominating such individual for the
office. The history of the speakership reveals considerable variability
in the nature of the office, with some periods characterized by
strongly partisan Speakers forcefully advancing their party's agenda,
and other periods of less assertive Speakers allowing other individuals
or entities (the Majority Leader, the party caucus, committees, etc.)
to direct the legislative business of the House. Speakers often cede
some amount of agenda-setting authority to the Majority Leader, who is
more likely to actively direct business on the floor of the House and
advocate for his or her party's positions.⁽¹⁰⁾ Nevertheless,
Speakers have (especially in recent years) engaged in debate and voted
on legislative measures brought before the House.⁽¹¹⁾
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9. The office of Speaker is discussed in full elsewhere in this
series. See Precedents (Wickham) Ch. 6. For earlier treatments,
see Deschler's Precedents Ch. 3 Sec. 1 and Deschler's
Precedents Ch. 6 Sec. Sec. 1-8.
10. For an earlier example of the Speaker making an announcement
regarding a party caucus meeting, see Deschler's Precedents Ch.
3 Sec. 5.2.
11. See Precedents (Wickham) Ch. 6.
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A common path to the speakership runs through the internal party
organizations. Many Speakers have previously served as Majority Leader
or Majority Whip prior to their election as Speaker.⁽¹²⁾
Similarly, it has often been the case that the Minority Leader in one
Congress will be elected Speaker in the next Congress following a
switch in party control.⁽¹³⁾
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12. Parliamentarian's Note: The last Majority Leader to be elevated to
the position of Speaker was Rep. Thomas Foley of Washington in
1989. See Sec. 6.3, infra.
13. Parliamentarian's Note: Speakers Nancy Pelosi of California and
John Boehner of Ohio each served as Minority Leader in the
Congress preceding the Congress in which they were first
elected Speaker.
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Despite the Speaker's function as party leader for the majority
caucus, Members of the House have often paid tribute to Speakers for
their official role as presiding officer and representative of the
House as an institution. For many years, as a Congress prepared for
adjournment sine die, the minority party (often through the Minority
Leader or Minority Whip) would offer a resolution formally thanking the
Speaker for the impartial manner in which the Speaker exercised the
nonpartisan, institutional duties of the office.⁽¹⁴⁾
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14. See Deschler's Precedents Ch. 3 Sec. Sec. 3.17, 12.3, 21.9, and
24.1. This custom has not been followed in recent years.
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The Role of Chair of Caucus or Conference

At the beginning of a Congress, the Democratic Caucus and the
Republican Conference each elect an individual to serve as chair of
their respective party caucuses. This position is technically the
highest-ranking officer in the caucus, but the responsibilities of the
office are primarily internal to the caucus. As a result, Caucus and
Conference chairs have no institutional role within the House of
Representatives.⁽¹⁵⁾ To the extent that such individuals
come to the attention of the House, it is typically to communicate
information from the relevant caucus to the overall
membership.⁽¹⁶⁾ Caucus or Conference chairs have
traditionally offered certain resolutions relating to administrative or
organizational matters, such as resolutions electing officers of the
House,⁽¹⁷⁾ resolutions electing Members to
committees,⁽¹⁸⁾ and resolutions electing a Speaker pro
tempore.⁽¹⁹⁾ Caucus or Conference chairs have served as
Speakers pro tempore,⁽²⁰⁾ and they have administered the
oath of office to a newly-elected Speaker pro tempore.⁽²¹⁾
The only reference to caucus chairs in the standing rules of the House
occurs in rule X⁽²²⁾ and relates to requirements of caucus
affiliation for purposes of committee assignments. Under these rules,
the chair of the respective party caucus must inform the Speaker
whenever a Member ceases to be a member of that caucus.⁽²³⁾
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15. For more on functions of the Caucus or Conference chair within the
party organization, see Sec. 3, infra.
16. See Deschler's Precedents Ch. 3 Sec. Sec. 3.5-3.8, 12.1.
17. See Deschler's Precedents Ch. 3 Sec. 3.9.
18. See Deschler's Precedents Ch. 3 Sec. 3.12.
19. See Deschler's Precedents Ch. 3 Sec. 3.4.
20. See Deschler's Precedents Ch. 3 Sec. 3.17. For more on the Speaker
pro tempore, see Deschler's Precedents Ch. 6 Sec. Sec. 9-14 and
Precedents (Wickham) Ch. 6.
21. See Deschler's Precedents Ch. 3 Sec. 3.16.
22. Rule X, clause 5(b), House Rules and Manual Sec. 760 (2017) and
rule X, clause 10(a), House Rules and Manual Sec. 782 (2017).
23. For more on the role of the party caucus in assigning Members to
committees, see Sec. 8, infra.
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Caucus and Conference Rules

Every Congress, the Democratic Caucus and the Republican Conference
each adopt internal rules of procedure to govern caucus
proceedings.⁽²⁴⁾ These procedural rules are not rules of the
House but are instead internal rules applicable to the proceedings of
the respective party caucus only.⁽²⁵⁾ However, throughout
their history, both Caucus and Conference rules have tended to rely
(either explicitly or implicitly) on House rules as a frame of
reference for appropriate procedures. For many years, the Republican
conference rules have provided that, ``The Rules of the House of
Representatives, insofar as they are applicable, shall govern the
proceedings of the Republican Conference.''⁽²⁶⁾ Similarly,
the rules of the Democratic Caucus for the 115th Congress provided that
``[t]he procedures, motions, and five-minute rule that apply when the
House of Representatives is operating as the Committee of the Whole,
with such special rules as may be adopted, shall govern the meetings of
the Caucus.''⁽²⁷⁾ Other Caucus and Conference rules mimic
House rules or procedures to some extent. Both the Democratic Caucus
and the Republican Conference rules provide that a member of the caucus
may be expelled by a two-thirds vote,⁽²⁸⁾ mirroring the
expulsion provisions of the Constitution applicable to the
House.⁽²⁹⁾ Likewise, both Caucus and Conference rules allow
such rules to be suspended by a two-thirds vote,⁽³⁰⁾
mirroring the House rule on motions to suspend.⁽³¹⁾ Just as
the House is required by the Constitution⁽³²⁾ to keep a
Journal of its proceedings, each party caucus also keeps a journal or
transcript of its proceedings.⁽³³⁾
---------------------------------------------------------------------------
24. Parliamentarian's Note: In the past, the internal procedural rules
of the Democratic Caucus and Republican Conference were not
made publicly available. In recent years, the Republican
Conference has published their Conference rules on their
website. In the 115th Congress, the House Committee on Rules
published a committee print containing selected Democratic
Caucus and Republican Conference rules covering a 30-year
period. See Rules Committee Print 115-37. For earlier
discussions of the history and evolution of Caucus and
Conference rules (particularly the significant reforms
undertaken by the Democratic Caucus at the beginning of the
1970s), see Julian Zelizer, On Capitol Hill: The Struggle to
Reform Congress and Its Consequences, 1948-2000 135-151 (2004);
Norman Ornstein, Congress in Change: Evolution and Reform 88-
114 (1975); Robert Peabody, Leadership in Congress: Stability,
Succession, and Change 205-233 (1976); David Rohde, Parties and
Leaders in the Postreform House 65-69 (1991); Roger Davidson
and Walter Oleszek, Congress Against Itself 192-219 (1977); and
``Congressional Reforms Made in 1975,'' in CQ Almanac 1975,
31st ed., at 26-40 (Congressional Quarterly 1976). See also
George Galloway, The Legislative Process in Congress, 327-29
(1953).
25. Parliamentarian's Note: As these internal caucus rules are not part
of the House rules, their analysis is better suited for the
academic or policy sphere than a compilation of House
precedents. A modern reality is that the rules and practices in
the Caucus or Conference are often elevated into the rules of
the House. The discussion here will be limited to areas where
Caucus or Conferences rules have had a direct impact on House
operations, or where rules of proceeding at the caucus level
have shaped or influenced the rules of the House.
26. Rules Committee Print 115-37, Republican Conference, 100th Cong.,
Rule 9 and Republican Conference, 115th Cong., Rule 6(a).
Republican Conference rules contain additional references to
House rules. For example: ``The procedures for reconsideration
shall be consistent with the Rules of the House.'' (Rules
Committee Print 115-37, Republican Conference, 115th Cong.,
Rule 6(b)(2)); ``Meetings of the Republican Conference shall be
conducted in accordance with the applicable provisions of the
Rules of the House of Representatives, including rule XVII,
that govern decorum and the personal behavior of Members of the
Conference.'' (Rules Committee Print 115-37, Republican
Conference, 115th Cong., Rule 5(d)); and ``No motion shall be
available other than those described in clause 4 of rule XVI
(relating to the precedence of motions) or rule XIX (relating
to motions after the amendment stage) of the Rules of the House
of Representatives.'' (Rules Committee Print 115-37, Republican
Conference, 115th Cong., Rule 6(b)(1)).
27. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
9(C)(1).
28. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
1(A)(3) (``The Caucus may expel any Member by a two-thirds
vote.''); Rules Committee Print 115-37, Republican Conference,
115th Cong., Rule 1(b) (``A 2/3 vote of the entire membership
shall be necessary to expel a Member of the Conference.
Proceedings for expulsion shall follow the rules of the House
of Representatives, as nearly as practicable.'')
29. House Rules and Manual Sec. Sec. 62, 63, 66 (2017).
30. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
9(C)(2) and Republican Conference, 115th Cong., Rule 6(e). The
Republican Conference rule requires that the motion to suspend
be seconded by a majority, if demanded.
31. Rule XV, clause 1, House Rules and Manual Sec. Sec. 885-891 (2017).
32. House Rules and Manual Sec. Sec. 68-74 (2017).
33. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
9(E) and Republican Conference, 115th Cong., Rule 10. Although
Democratic Caucus rules now refer to a ``transcript'' of its
proceedings, prior iterations of the rule referred to a
``Caucus Journal.'' See, e.g., Rules Committee Print 115-37,
Democratic Caucus, 110th Cong., Rule 9.
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Many rules of the party caucuses set out specific policies for
party members to adhere to when exercising their rights and privileges
on the floor of the House. Thus, Caucus or Conference rules may address
issues such as: the election of Speaker and other officers of the
House;⁽³⁴⁾ motions to suspend House rules;⁽³⁵⁾
special orders of business reported by the Committee on
Rules;⁽³⁶⁾ motions to recommit and motions to instruct
conferees;⁽³⁷⁾ congressional earmarks;⁽³⁸⁾
conference committees;⁽³⁹⁾ and conduct of committee
chairs.⁽⁴⁰⁾ As noted elsewhere,⁽⁴¹⁾ the most
significant interaction between Caucus and Conference rules occurs in
the area of committee and subcommittee assignments.⁽⁴²⁾
---------------------------------------------------------------------------
34. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
6.
35. Rules Committee Print 115-37, Democratic Caucus, 115h Cong., Rule
38 and Republican Conference, 115th Cong., Rule 28.
36. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
35.
37. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
39.
38. Rules Committee Print 115-37, Republican Conference, 115th Cong.,
Standing Order for the 115th Congress.
39. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
41.
40. Rules Committee Print 115-37, Republican Conference, 115th Cong.,
Rule 14(d)(1).
41. See Division C, infra.
42. Parliamentarian's Note: Internal Caucus and Conference rules both
provide a complex set of procedures for assigning Members to
committees and subcommittees. These rules may provide
nominating and balloting procedures, selection of committee and
subcommittee chairs, terms limits or other restrictions on
membership, special rules for particular committees, and
procedures for filling vacancies. However, it is beyond the
scope of this work to provide a comprehensive analysis of these
committee assignment procedures. The reader is encouraged to
consult external sources for more information.
---------------------------------------------------------------------------

Because the House does not take formal cognizance of the internal
rules of the Democratic Caucus or the Republican Conference, the
evolution of such rules over time is difficult to trace.⁽⁴³⁾
Nevertheless, it is possible to describe certain general trends that
have played a role in the recent history of the House. One of the most
obvious changes that occurred in both Caucus and Conference rules in
the 1990s was recognition by both parties that either party may
constitute the majority party in any Congress. Previously, the
Democratic party's status as the majority party in the House of
Representatives continuously from 1955-1995 had resulted in an
assumption in both Caucus and Conference rules that this state of
affairs would persist indefinitely. Thus, in the 1990s, the Democratic
Caucus added rules governing situations where the Democratic party was
the minority party,⁽⁴⁴⁾ while the Republican Conference
revised its rules to govern cases where the Republican party was in the
majority.⁽⁴⁵⁾
---------------------------------------------------------------------------
43. Parliamentarian's Note: In the 115th Congress, the House Committee
on Rules published a committee print containing sets of Caucus
and Conference rules that covered several decades at prescribed
intervals. See Rules Committee Print 115-37. The reader may
consult this House document to see the evolution of Caucus and
Conference rules from the 100th Congress to the 115th Congress.
For an earlier publication of Caucus and Conference rules, see
8 Cannon's Precedents Sec. Sec. 3609, 3610.
44. Compare, e.g., Rules Committee Print 115-37, Democratic Caucus,
100th Cong., Rule 2 to Democratic Caucus, 105th Cong., Rule 2.
45. Compare, e.g., Rules Committee Print 115-37, Republican Rules,
100th Cong., Rule 2 to Republican Conference, 105th Cong., Rule
2.
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In response to a series of ethics cases in the 1970s and 1980s (in
particular the ABSCAM scandal), the Democratic Caucus added provisions
to its rules to address the status of Members who had been indicted or
convicted of certain crimes, or who had been censured by the
House.⁽⁴⁶⁾ The Republican Conference added similar
provisions to its rules in the 1990s.⁽⁴⁷⁾ These ethics rules
typically require an affected Member to step aside temporarily from
certain leadership or committee positions until the matter is resolved,
or provide for automatic replacement.⁽⁴⁸⁾
---------------------------------------------------------------------------
46. Rules Committee Print 115-37, Democratic Caucus, 100th Cong., Rules
47-48.
47. Rules Committee Print 115-37, Republican Conference, 105th Cong.,
Rules 25-27.
48. For more on party caucus disciplinary issues, see Sec. 3, infra.
---------------------------------------------------------------------------

Another area where party caucus rules influenced House procedure
has been the imposition of term limits on committee service. The idea
of placing term limits on committee chairs and restricting simultaneous
service on multiple committees originated within the party caucuses as
a method of distributing committee assignments equitably among members
of the caucus.⁽⁴⁹⁾ These types of restrictions were
eventually incorporated directly into the standing rules of the House
in the 104th Congress.⁽⁵⁰⁾
---------------------------------------------------------------------------
49. Rules Committee Print 115-37, Democratic Caucus, 100th Cong., Rules
18 and 24. In the 100th Congress, Rep. Robert Lagomarsino of
California led a task force within the Republican Conference to
revise methods for assigning members of the Conference to
committees, including restrictions and limitations on service.
See Rules Committee Print 115-37, Republican Conference, 100th
Cong., Rule 14.
50. The current rules relating to term limits and restrictions on
committee service are rule X, clause 5(b)(2), House Rules and
Manual Sec. 760 (2017) and rule X, clause 5(c)(2), House Rules
and Manual Sec. 761 (2017). See also Division C, infra.
Although the idea for term limits originated in the Republican
Conference, the limitations in the standing rules have
persisted in both Republican and Democratic majorities.
---------------------------------------------------------------------------

House procedure with regard to motions to suspend the rules has
been influenced indirectly by party caucus rules that prescribe certain
policies to be followed by the Speaker when recognizing Members for
such motions. Under the standing rules of the House, the Speaker has
virtually unlimited discretion to recognize Members to offer motions to
suspend the rules on specified calendar days or at the end of a
session.⁽⁵¹⁾ However, under Caucus and Conference rules, the
Speaker is required to abide by certain guidelines when deciding which
measures should be taken up on suspension days.⁽⁵²⁾ These
guidelines and policies have expanded over the years⁽⁵³⁾ and
may address notification procedures, committee consideration,
restrictions on celebratory or commemorative measures, and cost
estimate requirements or other budgetary restrictions.⁽⁵⁴⁾
---------------------------------------------------------------------------
51. Rule XV, clause 1, House Rules and Manual Sec. 885 (2017).
52. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
38 and Republican Conference, 115th Cong., Rule 28.
53. Compare, e.g., Rules Committee Print 115-37, Democratic Caucus,
115th Cong., Rule 38 and Rules Committee Print 115-37,
Democratic Caucus, 100th Cong., Rule 38.
54. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
38 and Republican Conference, 115th Cong., Rule 28.
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Sec. 1.1 It is not a proper parliamentary inquiry to request the Chair
to inform the House as to the party membership of cosponsors to a
bill or resolution.

On December 13, 2011,⁽⁵⁵⁾ a Member propounded the
following parliamentary inquiry:
---------------------------------------------------------------------------
55. 157 Cong. Rec. 19846, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

Parliamentary Inquiry

Mr. [James] McGOVERN [of Massachusetts]. Mr. Speaker, before I
begin, I have a parliamentary inquiry.
The SPEAKER pro tempore.⁽⁵⁶⁾ The gentleman will
state his inquiry.
---------------------------------------------------------------------------
56. Robert Dold (IL).
---------------------------------------------------------------------------

Mr. McGOVERN. Mr. Speaker, can you tell us how many Democrats
have cosponsored H.R. 3630?
The SPEAKER pro tempore. The gentleman has not stated a
parliamentary inquiry but may engage that point in debate.

Sec. 2. Role of Parties at Organization

Following congressional elections in November,⁽¹⁾ each
party holds an ``organizational'' caucus to prepare for the upcoming
session in January. By law,⁽²⁾ the Majority Leader and the
Minority Leader are authorized to call a meeting of their respective
caucuses ``...for the purpose of taking all steps necessary to achieve
the prompt organization of the Members and Members-elect...'' of each
party. The law further provides for reimbursement of travel and other
expenses incurred by Members-elect from the applicable accounts of the
House.⁽³⁾
---------------------------------------------------------------------------
1. 2 U.S.C. Sec. 7.
2. 2 U.S.C. Sec. 29a. See also House Rules and Manual Sec. 1126
(2017).
3. Id. See also 2 U.S.C. Sec. Sec. 5343, 5344.
---------------------------------------------------------------------------

In the 108th Congress, the law was amended to eliminate the
requirement that such organizational caucuses take place during the
month of December.⁽⁴⁾ When that requirement was still in
effect, the House would often (by simple resolution) authorize
organizational caucuses to meet earlier than otherwise provided by
law.⁽⁵⁾ In some cases, the House has authorized additional
reimbursements for orientation programs occurring in conjunction with
the organizational caucuses.⁽⁶⁾
---------------------------------------------------------------------------
4. P.L. 108-447, 118 Stat. 2809.
5. See Sec. 2.1, infra. See also 144 Cong. Rec. 33320, 33321, 100th
Cong. 2d Sess. (Oct. 21, 1988) and 121 Cong. Rec. 35, 94th
Cong. 1st Sess. (Jan. 14, 1975).
6. See Sec. 2.2, infra.
---------------------------------------------------------------------------

The first evidence of party affiliation in the House on opening day
of a new Congress comes when the House prepares to elect its
Speaker.⁽⁷⁾ For over a century, nominations of candidates
for the office of Speaker have been presented to the body by
representatives of the major party organizations. Traditionally, it is
the chairs of the respective party caucuses who place the names of
their respective selections in nomination.⁽⁸⁾ However, the
right to nominate individuals for the office of Speaker inures to all
Members-elect, and nothing prevents others from placing additional
names in nomination.⁽⁹⁾ At times, third parties have
nominated their own candidates for Speaker.⁽¹⁰⁾ As is to be
expected, the majority party's choice will generally be elected
Speaker.⁽¹¹⁾
---------------------------------------------------------------------------
7. For more on the election of Speaker, see Deschler's Precedents Ch.
1 Sec. 6 and Precedents (Wickham) Ch. 1 Sec. 4. For more on the
office of Speaker generally, see Deschler's Precedents Ch. 6
Sec. Sec. 1-8 and Precedents (Wickham) Ch. 6.
8. Deschler's Precedents Ch. 3 Sec. Sec. 3.1, 3.2, 6.1, and 6.2.
9. See, e.g., 161 Cong. Rec. H3 [Daily Ed.], 114th Cong. 1st Sess.
(Jan. 3, 2015). It is also possible for Members-elect to vote
for unnominated candidates for Speaker. See, e.g., 163 Cong.
Rec. H4 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3, 2017).
10. Deschler's Precedents Ch. 3 Sec. Sec. 3.3, 6.3.
11. Parliamentarian's Note: The last time the election of Speaker
required multiple ballots was in the 68th Congress in 1923.
However, even in that case, the majority Republicans succeeded
in uniting behind Rep. Frederick Gillett of Massachusetts, who
was duly elected Speaker on the ninth ballot. 6 Cannon's
Precedents Sec. 24.
---------------------------------------------------------------------------

It is most often the case that the minority party's choice for
Speaker will instead assume the position of Minority Leader when the
majority party's choice is elected Speaker. By tradition, it is the
Minority Leader who presents the Speaker-elect to the membership and
gives introductory remarks to the body prior to the administration of
the oath of office.⁽¹²⁾
---------------------------------------------------------------------------
12. See Precedents (Wickham) Ch. 1 Sec. 4 and see also Deschler's
Precedents Ch. 3 Sec. 21.2.
---------------------------------------------------------------------------

In addition to the office of Speaker, the other officers of the
House are elected based on nominations advanced by each party's
caucus.⁽¹³⁾ The customary method of electing officers is as
follows: first, the majority party offers a simple resolution to elect
the officers of the House. This resolution is customarily offered by
the chair of the majority party caucus.⁽¹⁴⁾ Next, the
minority party is yielded to for the purposes of offering an amendment
to the pending resolution (such amendment proposing an alternate slate
of individuals for each office). By long tradition, the minority party
will request a division of the question,⁽¹⁵⁾ so that the
House may first vote separately on the election of Chaplain of the
House.⁽¹⁶⁾ After such vote, the minority party's amendment
is defeated, and the resolution (representing the majority party's
selections) is adopted, traditionally by voice vote.
---------------------------------------------------------------------------
13. For the election of officers of the House generally, see Deschler's
Precedents Ch. 6 Sec. 16 and Precedents (Wickham) Ch. 6.
14. See Deschler's Precedents Ch. 3 Sec. Sec. 3.9, 7.1.
15. See Deschler's Precedents Ch. 3 Sec. 23.7.
16. Parliamentarian's Note: The two party organizations have typically
asserted the nonpartisan nature of the office of Chaplain by
agreeing in advance to the selection and voting unanimously for
such individual via the procedure described here. For more on
the office of Chaplain, see Deschler's Precedents Ch. 6 Sec. 21
and Precedents (Wickham) Ch. 6.
---------------------------------------------------------------------------

The minority party's selections for officers of the House are
usually named to positions as ``minority employees'' of the
House.⁽¹⁷⁾ These positions are established in
law,⁽¹⁸⁾ and on opening day of a new Congress, the minority
party will offer a resolution naming individuals to these
positions.⁽¹⁹⁾ The rationale for creating these positions
derives from a desire to have professional staff available to the
leadership of the minority party who could retain institutional
knowledge and provide continuity between one Congress and the next
should control of the House switch from one party to the other.
Minority employees are given no special prerogatives under the standing
rules, apart from being granted floor privileges (along with ``staff of
the respective party leaderships'') under clause 2(a) of rule
IV.⁽²⁰⁾
---------------------------------------------------------------------------
17. Parliamentarian's Note: The advent of ``minority employee''
positions in the House originated in the 71st Congress in 1929
(the Legislative Pay Act of 1929, 46 Stat. 32). Current law
incorporates by reference House Resolution 441 of the 91st
Congress (1969) (made permanent law by P.L. 91-145, 83 Stat.
338), which enumerates the six minority employees positions,
and House Resolution 119 of the 95th Congress (made permanent
law by P.L. 95-94, 91 Stat. 153), which establishes their rates
of pay. Three additional minority employees were authorized by
House Resolution 7 of the 104th Congress (1995) (made permanent
law by P.L. 104-53, 109 Stat. 514), with their rates of pay to
be determined by the Minority Leader. For more on minority
employees of the House generally, see Deschler's Precedents Ch.
6 Sec. 26 and Precedents (Wickham) Ch. 6.
18. 2 U.S.C. Sec. 5143.
19. See Deschler's Precedents Ch. 3 Sec. Sec. 3.10, 7.1, 17.10, and
17.14.
20. House Rules and Manual Sec. 678 (2017). Under this rule, minority
employees nominated as elected officers of the House are
accorded floor privileges, and this privilege extends to former
minority employees as well. For more on floor privileges, see
Deschler's Precedents Ch. 4 Sec. 4 and Precedents (Wickham) Ch.
4 Sec. 5.
---------------------------------------------------------------------------

Finally, each party organization on opening day will formally
announce to the body its selections for party
leadership.⁽²¹⁾ Thus, the chair of the majority party caucus
will announce the selections for Majority Leader and Majority Whip,
while the chair of the minority party caucus will announce the
selections for Minority Leader and Minority Whip.⁽²²⁾
Beginning in the 112th Congress in 2011, the Democratic Caucus created
a new leadership position_that of ``Assistant Democratic Leader''_and
has similarly informed the House of its selection for that
office.⁽²³⁾
---------------------------------------------------------------------------
21. For more on Caucus and Conference leadership positions, see Sec. 5,
infra.
22. See, e.g., 163 Cong. Rec. H6 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
23. See, e.g., 157 Cong. Rec. 79, 112th Cong. 1st Sess. (Jan. 5, 2011).
---------------------------------------------------------------------------

Organizational Caucuses

Sec. 2.1 Under an earlier version of the law,⁽²⁴⁾ the House
by unanimous consent considered and adopted a resolution
authorizing organizational caucuses to take place earlier than
otherwise provided by statute.
---------------------------------------------------------------------------
24. Parliamentarian's Note: At the time of this precedent,
organizational caucuses, by law, were required to begin on or
after December 1. However, the law was amended in the 108th
Congress to remove this temporal requirement. 2 U.S.C.
Sec. 29a.
---------------------------------------------------------------------------

On October 6, 2004,⁽²⁵⁾ the following occurred:
---------------------------------------------------------------------------
25. 150 Cong. Rec. 21212-13, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

RELATING TO EARLY ORGANIZATION OF THE HOUSE OF REPRESENTATIVES
FOR THE 109TH CONGRESS

Mr. [Robert] NEY [of Ohio]. Mr. Speaker, I offer a resolution
(H. Res. 824) relating to early organization of the House of
Representatives for the One Hundred Ninth Congress, and ask
unanimous consent for its immediate consideration.
The Clerk read the title of the resolution.
The SPEAKER pro tempore.⁽²⁶⁾ Is there objection to
the request of the gentleman from Ohio?
---------------------------------------------------------------------------
26. Johnny Isakson (GA).
---------------------------------------------------------------------------

Mr. [John] LARSON of Connecticut. Mr. Speaker, reserving the
right to object, I want to thank the chairman for his timely
handling of this matter.

I also wanted to ensure that the legislative purposes of this
resolution are clear.
One purpose of this resolution is to continue the practice of
allowing the House party leaders to call an early organizing caucus
of their respective party members, and to do so before the
statutorily established date of December 1st. Each party leader can
schedule the caucus to begin on any date of his or her choosing
after the date of the election. While it is customary to schedule
the caucuses to begin at the same time, it is up to each party
leader to make that decision for his or her party caucus. If the
House has adjourned sine die, then each incumbent Members-elect,
and a designated staff person, can be paid for their transportation
expenses to attend the caucus. If the House has not adjourned sine
die, then there are no travel expenses paid for incumbent Members-
elect or their staff. New Members-elect, and a designated staff
person from the district, can also attend with all attendance
expenses paid by the House.
The resolution also has the purpose of continuing the practice
of allowing the House Leadership's orientation program(s), hosted
by the Committee on House Administration, to be conducted at any
time, or at multiple times, after the date of the election, and
allows each Member-elect, and a designated staff person, to be
reimbursed for the expenses of attendance. The orientation program
has usually been conducted as a part of, and during the same time
period as the party caucuses. However if the caucuses are conducted
at different times, then the orientation program could be conducted
before, during, or after each caucus, with the Member-elect's, and
designated staff person's expenses of attendance paid by the House.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Ohio?
There was no objection.
The Clerk read the resolution, as follows:

H. Res. 824

Resolved,

SECTION 1. TIMING OF ORGANIZATIONAL CAUCUSES AND CONFERENCES FOR ONE
HUNDRED NINTH CONGRESS.

Any organizational caucus or conference in the House of Representatives
for the One Hundred Ninth Congress may begin on or after November 3, 2004.

SEC. 2. APPLICABILITY OF CERTAIN PROVISIONS TO ATTENDANCE OF MEMBERS AT
ORIENTATION PROGRAMS.

(a) In General.--With the approval of the majority leader (in the case of
a Member or Member-elect of the majority) or the minority leader (in the
case of a Member or Member-elect of the minority), the provisions of law
described in subsection (b) shall apply with respect to the attendance of a
Member or Member-elect at a program conducted by the Committee on House
Administration for the orientation of new members of the One Hundred Ninth
Congress in the same manner as such provisions apply to the attendance of
the Member or Member-elect at the organizational caucus or conference.

(b) Provisions Described.--The provisions of law described in this
subsection are as follows:

(1) Subsections (b) and (c) of section 202 of House Resolution 988,
Ninety-third Congress, agreed to on October 8, 1974, and enacted into
permanent law by chapter III of title I of the Supplemental Appropriations
Act, 1975 (2 U.S.C. 29a).

(2) Section 1 of House Resolution 10, Ninety-fourth Congress, agreed to
on January 14, 1975, and enacted into permanent law by section 201 of the
Legislative Branch Appropriations Act, 1976 (2 U.S.C. 43b-2).

SEC. 3. DEFINITION.

As used in this resolution, the term ``organizational caucus or
conference'' means a party caucus or conference authorized to be called
under section 202(a) of House Resolution 988, Ninety-third Congress, agreed
to on October 8, 1974, and enacted into permanent law by chapter III of
title I of the Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(a)).

The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 2.2 Under an earlier version of the law,⁽²⁷⁾ the House
by unanimous consent considered and adopted a resolution
authorizing organizational caucuses to begin earlier than otherwise
provided by statute, and further authorizing payment, upon approval
of respective party leaders, for the expenses of Members-elect at
orientation programs.
---------------------------------------------------------------------------
27. Parliamentarian's Note: At the time of this precedent,
organizational caucuses, by law, were required to begin on or
after December 1. However, the law was amended in the 108th
Congress to remove this temporal requirement. See 2 U.S.C.
Sec. 29a.
---------------------------------------------------------------------------

On October 16, 2002,⁽²⁸⁾ the following occurred:
---------------------------------------------------------------------------
28. 148 Cong. Rec. 20812, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

RELATING TO EARLY ORGANIZATION OF THE HOUSE OF REPRESENTATIVES
FOR THE 108TH CONGRESS

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I offer a
resolution (H. Res. 590), and I ask unanimous consent for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 590

Resolved, That any organizational caucus or conference in the House of
Representatives for the One Hundred Eighth Congress may begin on or after
November 1, 2002.

Sec. 2. (a) With the approval of the majority leader (in the case of a
Member or Member-elect of the majority party) or the minority leader (in
the case of a Member or Member-elect of the minority party), the provisions
of law described in subsection (b) shall apply with respect to the
attendance of a Member or Member-elect at a program conducted by the
Committee on House Administration for the orientation of new members of the
One Hundred Eighth Congress in the same manner as such provisions apply to
the attendance of the Member or Member-elect at the organizational caucus
or conference.

(b) The provisions of law described in this subsection are as follows:

Sec. 3. As used in this resolution, the term ``organizational caucus or
conference'' means a party caucus or conference authorized to be called
under section 202(a) of House Resolution 988, Ninety-third Congress, agreed
to on October 8, 1974, and enacted into permanent law by chapter III of
title I of the Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(a)).

The SPEAKER pro tempore.⁽²⁹⁾ Is there objection to
the request of the gentleman from Texas?
---------------------------------------------------------------------------
29. Gil Gutknecht (MN).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 3. Other Duties and Functions of the Caucus or Conference

The primary purpose of party organizations in the House is to
achieve unity among its members and to provide a forum by which party
positions may be formed and advanced in the House. The Democratic
Caucus and the Republican Conference establish their own internal rules
of procedure by which determinations as to party policy may be
achieved.⁽¹⁾ Each party organization selects leaders to
represent the interests of the party and carry out party objectives.
Each party selects a Caucus or Conference chair, whose primary function
is to schedule meetings of the party caucus and to preside over such
meetings. The Caucus or Conference chair may have other
responsibilities under the internal rules of the respective party
caucus, such as determining business to be conducted at caucus
meetings.
---------------------------------------------------------------------------
1. See Sec. 1, supra.
---------------------------------------------------------------------------

With respect to the goal of achieving unity within the party, each
organization may adopt rules or policies to enforce party discipline.
Such rules and policies have evolved considerably over the years, and
the extent to which party discipline has been strictly enforced (and
the methods by which such enforcement is achieved) have varied both
between the parties and across time. For example, a prior Democratic
Caucus rule (no longer in force) provided that a policy decision of the
Caucus decided by a two-thirds majority vote would be binding on all
members (subject to certain exceptions).⁽²⁾
---------------------------------------------------------------------------
2. Deschler's Precedents Ch. 3 Sec. 10.
---------------------------------------------------------------------------

The tools that party leaders may use to enforce party discipline
may be internal to the organization, but they can also have effects on
the overall structure of the House. For example, committee and
subcommittee assignments in the House are mostly a matter of internal
party decision-making.⁽³⁾ Technically, committee assignments
are made on the basis of simple resolutions adopted by the entire
House. But as a practical matter, these resolutions are considered on a
partisan basis, with separate resolutions offered by each party to fill
the slate of possible committee assignments.⁽⁴⁾ The content
of those resolutions is a matter decided by the party caucuses, and
thus can be used to address internal party dynamics or as disciplinary
measures. In one instance, a disciplinary resolution that had called
for the offending Member to be removed from certain committee and
subcommittee assignments was amended to eliminate this provision_on the
theory that such action interfered with the prerogatives of the party
caucuses to manage committee assignments.⁽⁵⁾ In the 109th
Congress, the House did adopt a privileged resolution submitted by
direction of the Democratic Caucus removing a Member from a standing
committee.⁽⁶⁾
---------------------------------------------------------------------------
3. For an earlier treatment of committee assignments as a tool of
party discipline, see Deschler's Precedents Ch. 3 Sec. 9.5.
4. For more on the relationship between party affiliation and
committee assignments, see Sec. 8, infra.
5. See Sec. 3.1, infra. See also Sec. 6.5, infra.
6. See Sec. 3.3, infra.
---------------------------------------------------------------------------

House rules and precedents, Federal statutes, and the
Constitution,⁽⁷⁾ elucidate standards of behavior for Members
and provide mechanisms by which such standards may be
enforced.⁽⁸⁾ Party organizations in the House also provide a
separate layer of enforcement of ethics rules and standards of conduct.
For example, both party caucuses have procedures for disciplining
Members who have been indicted for (or convicted of) certain crimes, or
for Members who have been censured by the House.⁽⁹⁾
Punishments levied by the party caucus may include vacating committee
or subcommittee assignments, requiring a temporary ``step aside'' from
the position of full or subcommittee chair, or removing a Member from a
leadership position. Both the Democratic Caucus and the Republican
Conference provide that a member of the Caucus or Conference may be
expelled therefrom by a two-thirds vote.⁽¹⁰⁾
---------------------------------------------------------------------------
7. The Constitution provides that the House may ``punish its Members
for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.'' U.S. Const. art. I, Sec. 5, cl. 2;
House Rules and Manual Sec. 58 (2017).
8. For more on the conduct and discipline of Members, see Deschler's
Precedents Ch. 12 and Precedents (Wickham) Ch. 12.
9. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rules
4-5 and Republican Conference, 115th Cong., Rules 25-27.
10. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
1 and Republican Conference, 115th Cong., Rule 1.
---------------------------------------------------------------------------

As noted below,⁽¹¹⁾ the primary interaction between
party caucus rules and the standing rules of the House lies in the area
of committee assignments. But Caucus and Conference rules may also
provide specific procedures for how members of the Caucus or Conference
conduct themselves with regard to legislative business. A party caucus
may impose notification requirements for taking certain actions on the
floor or in committee,⁽¹²⁾ require that certain guidelines
be followed prior to taking specified legislative
actions,⁽¹³⁾ prohibit actions otherwise permitted by the
rules of the House,⁽¹⁴⁾ or make certain legislative actions
available to party leadership only.⁽¹⁵⁾
---------------------------------------------------------------------------
11. See Sec. 8, infra.
12. See, e.g., 119 Cong. Rec. 36651, 36652, 93d Cong. 1st Sess. (Nov.
12, 1973).
13. See, e.g., Rules Committee Print 115-37, Democratic Caucus, 115th
Cong., Rule 38 and Republican Conference, 115th Cong., Rule 28.
14. See, e.g., Rules Committee Print 115-37, Republican Conference,
115th Cong., Standing Order for the 115th Congress (ban on
earmarks).
15. See, e.g., Rules Committee Print 115-37, Democratic Caucus, 115th
Cong., Rule 39.
---------------------------------------------------------------------------

The House rule regarding service of process on Members and officers
of the House⁽¹⁶⁾ does not apply to non-House party officials
or employees. Thus, when such individuals are served with subpoenas,
the House is not typically notified of such proceedings.⁽¹⁷⁾
Of course, party leaders may be served with subpoenas and the House
will take cognizance of such actions as it would with regard to any
Member of the House.⁽¹⁸⁾
---------------------------------------------------------------------------
16. Rule VIII, House Rules and Manual Sec. 697 (2017).
17. For an example where a letter regarding service of process on a
party official was laid before the House (but with respect to
which the House took no action), see 121 Cong. Rec. 29824, 94th
Cong. 1st Sess. (Sept. 23, 1975).
18. For an example of the Minority Leader being served with a subpoena,
see 120 Cong. Rec. 21723-24, 93d Cong. 2d Sess. (June 28,
1974). For an example of both floor leaders being served with a
summons to appear in a U.S. District Court, see Deschler's
Precedents Ch. 3 Sec. 17.19.
---------------------------------------------------------------------------

Party leaders occasionally make announcements on the floor of the
House regarding caucus meetings or other events.⁽¹⁹⁾
---------------------------------------------------------------------------
19. See Sec. Sec. 3.4, 3.5, infra. For earlier examples of
announcements by party leaders regarding caucus events or
actions, see Deschler's Precedents Ch. 3 Sec. Sec. 3.13, 5.1-
5.5, 11.2, and 19.1.
---------------------------------------------------------------------------

Finally, party leaders are typically included in various ceremonial
delegations, such as escort committees (for a newly-elected
Speaker,⁽²⁰⁾ for a foreign dignitary,⁽²¹⁾ or for
the President during joint sessions)⁽²²⁾ or notification
committees (notifying the President that the House has assembled at the
beginning of a Congress,⁽²³⁾ or that the House is prepared
to adjourn sine die at the end of a Congress).⁽²⁴⁾
Frequently, party leaders will participate in tributes to retiring
Members, officers, or staff.⁽²⁵⁾ Likewise, party leaders
will also receive tributes on the floor in recognition of their service
to the House.⁽²⁶⁾
---------------------------------------------------------------------------
20. See Deschler's Precedents Ch. 3 Sec. Sec. 3.14, 21.1.
21. See Deschler's Precedents Ch. 3 Sec. 21.8.
22. See Deschler's Precedents Ch. 3 Sec. 21.7.
23. See Deschler's Precedents Ch. 3 Sec. Sec. 3.15, 21.3, 21.4, and
24.2.
24. See Deschler's Precedents Ch. 3 Sec. Sec. 12.2, 21.5, and 21.6.
25. See 120 Cong. Rec. 21847-48, 93d Cong., 1st Sess. (July 1, 1974)
(floor leaders congratulating new Parliamentarian); 122 Cong.
Rec. 16766-68, 94th Cong. 2d Sess. (June 7, 1976) (Majority
Leader leading tributes to retiring Speaker); 122 Cong. Rec.
22485-87, 94th Cong. 2d Sess. (July 19, 1976) (floor leaders
praising former Parliamentarian upon his death); and 139 Cong.
Rec. 32441, 103d Cong. 1st Sess. (Nov. 26, 1993) (thanks to
staff given by Speaker and floor leaders). See also Deschler's
Precedents Ch. 3 Sec. Sec. 3.18, 3.19, 21.12-21.17, and 24.4.
26. See 120 Cong. Rec. 37390, 93d Cong. 1st Sess. (Nov. 26, 1974)
(portrait of former Minority Leader accepted by House); 126
Cong. Rec. 34308-10, 96th Cong. 2d Sess. (Dec. 16, 1980)
(tributes to retiring Minority Leader); 137 Cong. Rec. 22778-
80, 102d Cong. 1st Sess. (Sept. 12, 1991) (tributes to retiring
Majority Whip); 140 Cong. Rec. 20467-68, 103d Cong. 2d Sess.
(Aug. 9, 1994) (Minority Leader receiving Medal of Freedom);
140 Cong. Rec. 29133, 103d Cong. 2d Sess. (Oct. 7, 1994)
(tributes to retiring Minority Leader); 147 Cong. Rec. 27600,
27602-607, 107th Cong. 1st Sess. (Dec. 20, 2001) (tributes to
retiring Minority Whip); 148 Cong. Rec. 22339, 107th Cong. 2d
Sess. (Nov. 14, 2002) (tributes to retiring Majority Leader);
and 158 Cong. Rec. 8648-49, 112th Cong. 2d Sess. (June 7, 2012)
(recognition of Minority Leader's 25th year in the House). For
more on ceremonies and tributes in the House, see Deschler's
Precedents Ch. 36 and Precedents (Wickham) Ch. 36.
---------------------------------------------------------------------------

Party Discipline and Ethics

Sec. 3.1 During consideration of a privileged resolution reported by
the Committee on Standards of Official Conduct (now the Committee
on Ethics)⁽²⁷⁾ proposing to censure a Member, an
amendment was adopted to remove one clause of the resolution that
would have deprived the Member of certain committee assignments, in
order to preserve the prerogatives of the party caucuses to
recommend the election of party Members to committees (and removal
therefrom).
---------------------------------------------------------------------------
27. The Committee on Standards of Official Conduct was redesignated as
the Committee on Ethics at the beginning of the 112th Congress.
---------------------------------------------------------------------------

On June 10, 1980,⁽²⁸⁾ the following disciplinary
resolution was considered as a privileged matter:
---------------------------------------------------------------------------
28. 126 Cong. Rec. 13801, 13802, 13803, 13811, 13812, 13817, 13818,
13819, 13820, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

IN THE MATTER OF REPRESENTATIVE CHARLES H. WILSON

The SPEAKER.⁽²⁹⁾ The unfinished business is the
further consideration of the resolution (H. Res. 660) in the matter
of Representative CHARLES H. WILSON.
---------------------------------------------------------------------------
29. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The Clerk will report the resolution.
The Clerk read the resolution as follows:
Resolved,
(1) That Representative Charles H. Wilson be censured;
(2) That Representative Charles H. Wilson be denied the chair
on any committee or subcommittee of the House of Representatives
for the remainder of the Ninety-sixth Congress;
(3) That upon adoption of this resolution, Representative
Charles H. Wilson forthwith present himself in the well of the
House of Representatives for the public reading of this resolution
by the Speaker; and
(4) That the House of Representatives adopt the report of the
Committee on Standards of Official Conduct dated May 3, 1980, in
the matter of Representative Charles H. Wilson. . . .

amendment offered by mr. foley

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I offer an
amendment.
The Clerk read as follows:
Amendment offered by Mr. Foley: Strike out the second clause of
Rouse Resolution 660 and renumber the subsequent clause
accordingly.
The SPEAKER. The Chair recognizes the gentleman from Washington
(Mr. Foley) for 1 hour.
Mr. FOLEY. Mr. Speaker, in offering this amendment, which, in
effect, strikes that portion of the resolution depriving the
gentleman from California (Mr. Charles H. Wilson) of his
subcommittee chairmanship and denying him any subcommittee or
committee chairmanship in the 96th Congress, I wish to make a few
things very clear: I am not in any way questioning the authority or
the propriety of the Committee on Standards of Official Conduct in
offering such a resolution; nor am I questioning the power of this
House to act to deny any Member a subcommittee or committee
chairmanship, or a ranking minority membership for that matter.
This is not at issue in the matter before us today. What I am
proposing with this amendment is a better policy--and I underline
the word ``policy''--for the House to follow, however it disposes
of the matter of Mr. Wilson.
It has been a tradition of the House for nearly three-quarters
of a century now to allow the party conference and caucus to make
decisions affecting the appointment of their respective members to
committees and the assignment of committee offices. It is
important, in my judgment, to the proper execution of good
legislation that the two-party system be respected in its privilege
to make party choices regarding the essential committees on which
Members serve. . . .
I urge you today to adopt this amendment which in no event can
possibly change the outcome of this case because the Democratic
Caucus on May 29 adopted rules which automatically remove any
committee or committee chairman who is censured by a vote of the
House or who is convicted of a felony. That is an automatic action
subject only to the appeal of the Member involved. Within 15 days
it becomes final. From then on, that person can neither exercise
the powers of his former committee or subcommittee chairmanship nor
assume the chairmanship of a new committee or subcommittee for the
remainder of that Congress. Further, in the succeeding Congress, a
person so censured or convicted may not assume any subcommittee or
committee chairmanship without a special specific vote of the
caucus permitting it. . . .
Mr. FOLEY. Mr. Speaker, I will conclude by saying again that
this is in no way intended as a reflection or criticism of the
recommendation that has been brought forth by the Committee on
Standards of Official Conduct. It is merely meant to suggest that
since the rules already in place in the Democratic Caucus would
take away any subcommittee or committee chairmanship from any
Member censured or convicted by the House, this particular title is
unnecessary. In taking this action of leaving the title in the
resolution, we tend to do violence to a very old tradition of the
House which protects, first of all, the process of the House by
which its two parties function effectively; second, and most
important, the prerogatives of the minority, which is particularly
vulnerable to invasion by majority judgment; and finally, the
powers of the majority as well. It is a process that has served the
House well throughout the time in which it has been in effect, and
this tradition has been strong for almost three-quarters of a
century.
I offer this amendment with the greatest respect for the
Committee on Standards of Official Conduct. It is not for the
Democratic Party or the Republican Party nor is it for or against
Mr. Wilson. Instead it is on behalf of a process by which all
Members of the House irrespective of party benefit that I ask that
this section be stricken from the resolution.
Mr. Speaker, I move the previous question on the amendment.
The previous question was ordered.
The SPEAKER. The question is on the amendment offered by the
gentleman from Washington (Mr. Foley).
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. [Frank] SENSENBRENNER [of Wisconsin]. Mr. Speaker, I object
to the vote on the ground that a quorum is not present and' make
the point of order that a quorum is not present.
The SPEAKER. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
261, nays 148, answered ``present'' 2, not voting 22, as follows:

[Roll No. 306] . . .

Sec. 3.2 The Speaker announced that, pursuant to Democratic Caucus
rules, the Speaker had been informed that certain full committee
and subcommittee chairs (the subjects of an ethics inquiry and
criminal probe) would be temporarily stepping aside from those
positions.

On June 18, 1980,⁽³⁰⁾ the following announcement was
made:
---------------------------------------------------------------------------
30. 126 Cong. Rec. 15384, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³¹⁾ The Chair wishes to announce that
he is in receipt of letters from the gentleman from New Jersey (Mr.
Thompson) and the gentleman from New York (Mr. Murphy) in which
they transmit notice of their intention, pursuant to provision M.
XIII of the Democratic Caucus, to temporarily step aside from their
positions as standing committee, joint committee, select committee,
or subcommittee chairmen. This intention includes, in the case of
the gentleman from New Jersey, to temporarily step aside from the
positions of chairman of the Committee on House Administration,
chairman of the Subcommittee on Labor-Management Relations and the
Task Force on Welfare and Pension Plans of the Committee on
Education and Labor, and the chairman of the Joint Committee on
Printing. In the case of the gentleman from New York, this includes
the positions of chairman of the Committee on Merchant Marine and
Fisheries, chairman of the Subcommittee on Merchant Marine of the
Committee on Merchant Marine and Fisheries, and chairman of the
Select Committee on the Outer Continental Shelf.
---------------------------------------------------------------------------
31. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Sec. 3.3 The House adopted a privileged resolution submitted by
direction of Democratic Caucus removing a Member from a standing
committee.

On June 16, 2006,⁽³²⁾ the House adopted a resolution
removing a Member, who was under investigation for corruption, from the
Committee on Ways and Means:
---------------------------------------------------------------------------
32. 152 Cong. Rec. 11618, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

REMOVING MEMBER FROM COMMITTEE ON WAYS AND MEANS

Mr. [James] CLYBURN [of South Carolina]. Mr. Speaker, by
direction of the Democratic Caucus, I offer a privileged resolution
(H. Res. 872) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 872

Resolved, That Mr. Jefferson is hereby removed from the Committee on Ways
and Means.

The SPEAKER pro tempore.⁽³³⁾ Is there objection to
the resolution?
---------------------------------------------------------------------------
33. Paul Gillmor (OH).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Announcements

Sec. 3.4 The chair of the Democratic Caucus announced to the House that
the results of certain Caucus elections would be available in the
Democratic cloakroom.⁽³⁴⁾
---------------------------------------------------------------------------
34. Parliamentarian's Note: The Democratic Caucus had held its meeting
in the House Chamber prior to the convening of the House.
However, it was still in the process of counting ballots for
certain caucus elections when it was necessary to vacate the
Chamber so that the House could come into session.
---------------------------------------------------------------------------

On January 24, 1991,⁽³⁵⁾ the following announcement was
made:
---------------------------------------------------------------------------
35. 137 Cong. Rec. 2171, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT RELATIVE TO COMMITTEE ELECTIONS IN DEMOCRATIC
CAUCUS

(Mr. HOYER asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [Steny] HOYER [of Maryland]. Madam Speaker, today the
Democratic caucus had an election pursuant to the rules of the
Democratic caucus for chairman of subcommittees on the Committee on
Appropriations and of the Committee on Ways and Means. Those
results will be available in the Cloakroom and in the office of the
Democratic caucus.

Sec. 3.5 The chair of the Democratic Caucus announced to the House that
the Democratic Caucus would be holding a meeting of the Caucus in
the House Chamber during a recess of the House.

On September 30, 1990,⁽³⁶⁾ the following announcement
was made by the chair of the Democratic Caucus:
---------------------------------------------------------------------------
36. 136 Cong. Rec. 26690, 26691, 101st Cong. 2d Sess. See also
Precedents (Wickham) Ch. 4 Sec. 1.11.
---------------------------------------------------------------------------

ANNOUNCEMENT OF CONVENING OF DEMOCRATIC CAUCUS

Mr. [Steny] HOYER [of Maryland]. Mr. Speaker, I would like to
announce to the Democrats that we will have a caucus approximately
15 minutes or shortly after we recess this evening. We will have to
stay in and wait upon the Senate, so that will not delay us in any
event. -------------------

LEGISLATIVE PROGRAM

(Mr. HOYER asked and was given permission to address the House
for 1 minute.)
Mr. HOYER. Mr. Speaker, I would like to remind the Democratic
Members of the House of Representatives that we will have a caucus
in approximately 5 minutes, at a quarter of 6, in this Chamber.
Mr. Speaker, I want to say to the minority leader, I very much
appreciate his consideration. This is an unusual step, in light of
the fact the House will be in recess.
Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, will the
gentleman yield?
Mr. HOYER. I yield to the gentleman from Illinois.
Mr. MICHEL. Mr. Speaker, might I inquire of the distinguished
chairman of the Democratic caucus, that if we go into recess
awaiting the action of the other body, and assuming there are no
glitches, but if there were, would it be in order for us to give
Members, say, 1 hour's notice that their presence would be
required?
Mr. HOYER. Mr. Speaker, reclaiming my time so I may respond to
the distinguished minority leader, we will give no less than one-
half hour's notice . . .

Sec. 4. Party Committees and Other Informal Groups

This section describes internal committees of the party
organizations, as well as other informal groups that may associate with
the caucuses. As has been noted earlier, the two major party caucuses
are private organizations whose internal structure and rules of
proceeding are not established by House rules. Thus, the analysis here
will necessarily be limited and primarily focused on areas where
internal caucus organization has a direct effect on House
proceedings.⁽¹⁾
---------------------------------------------------------------------------
1. For a broader treatment of the history of the House and the
relationship to party organization, see Robert Remini, The
House (2006).
---------------------------------------------------------------------------

Committee on Committees

For over a century, committee assignments in the House have been
closely connected to the two major party organizations. Prior to
changes in House rules at the beginning of the 20th century, the
Speaker was solely responsible for assigning Members to committees.
This authority gave the Speaker considerable influence over the
membership, as he could deny sought-after committee assignments to
recalcitrant Members or ``reward'' others who supported the Speaker's
positions by placing them on prominent committees. Perceived abuse of
this authority played a role in the ``revolt'' against Speaker Joseph
Cannon of Illinois in 1910, which resulted in, inter alia, the removal
of this power of the Speaker from the standing rules.⁽²⁾
---------------------------------------------------------------------------
2. See De Alva Stanwood Alexander, History and Procedure of the House
of Representatives 41 (1916).
---------------------------------------------------------------------------

Since Speaker Cannon's time, all committee assignments in the House
have been determined by adoption of a simple resolution listing the
Members to be assigned and the committees to which they have been
assigned.⁽³⁾ While such resolutions are adopted by a vote of
the entire House, they are developed on a partisan basis by the two
major party organizations. Thus, each resolution typically makes
committee assignments for members of one party only, such assignments
having been determined beforehand within the applicable caucus
(pursuant to whatever internal caucus rules may apply).⁽⁴⁾
Frequently, it is the Caucus or Conference chair who offers a committee
election resolution on the floor,⁽⁵⁾ which is then formally
ratified by action of the entire House.
---------------------------------------------------------------------------
3. For an unusual instance of a bipartisan committee election
resolution, see Deschler's Precedents Ch. 3 Sec. 11.1.
4. See Deschler's Precedents Ch. 3 Sec. 3.12.
5. For more on committee assignments, see Deschler's Precedents Ch. 17
Sec. Sec. 8-12; Precedents (Wickham) Ch. 17; and Sec. 8, infra.
---------------------------------------------------------------------------

Each major party organization has created internal committees to
assign its members to the standing committees of the House. In the
early 20th century, each party organization had a ``Committee on
Committees'' that would determine committee assignments for that
party's members.⁽⁶⁾ Currently, committee assignments for the
Republican Conference are developed by the Republican Steering
Committee, while committee assignments for the Democratic Caucus are
developed by the Democratic Steering and Policy Committee. The
nominations for committee assignments put forward by these internal
committees are then ratified by a vote of the entire Conference or
Caucus, pursuant to internal caucus rules. Such rules may provide for
special procedures with regard to nominating individuals for specific
committees (such as the Committee on Rules).⁽⁷⁾
---------------------------------------------------------------------------
6. For many years, Democratic members of the Committee on Ways and
Means served as the Democratic Committee on Committees. See
Deschler's Precedents Ch. 3 Sec. 11.
7. See, e.g., Rules Committee Print 115-37, Republican Conference,
115th Cong., Rule 12.
---------------------------------------------------------------------------

Policy Committees

In addition to internal committees that make recommendations
regarding committee assignments in the House, each party caucus also
has a committee to determine the policy agenda for the Caucus or
Conference. In the Democratic Caucus, the Democratic Steering and
Policy Committee assumes both functions_recommending Members for
committee assignments and establishing the policy agenda and
legislative priorities of the Caucus. In the Republican Conference, a
Committee on Policy advises the Conference as to legislative proposals
and suggestions for policy implementation.⁽⁸⁾
---------------------------------------------------------------------------
8. Parliamentarian's Note: While the deliberations of such internal
committees obviously have an effect on legislative business
considered by the House, an analysis of their rules and
procedures is better suited for the policy or academic sphere
than the House precedents. See Sec. 1, supra.
---------------------------------------------------------------------------

In the past, these types of steering or policy committees of the
Caucus or Conference have been provided with funding for salaries and
other administrative expenses from appropriations made for the House
itself.⁽⁹⁾
---------------------------------------------------------------------------
9. See Sec. 4.1, infra. See also Deschler's Precedents Ch. 3
Sec. Sec. 13.1, 13.2.
---------------------------------------------------------------------------

Official Objectors

Throughout its history, the House has experimented with a variety
of methods for expediting the consideration of certain types of
legislation. One method used to achieve this goal was to establish a
``calendar'' system by which different types of measures could be
placed on separate lists or calendars. Special procedures for each
calendar would then be used to bring those measures to the floor for
expedited consideration at designated times.⁽¹⁰⁾
---------------------------------------------------------------------------
10. For more on House Calendars, see Deschler's Precedents Ch. 22 and
Precedents (Wickham) Ch. 22.
---------------------------------------------------------------------------

To help manage business on these calendars, the House has used
informal groups (established by the two party organizations) to screen
measures to be considered on certain calendars. These ``official
objectors'' (usually three to five individuals from each party) would
review legislation prior to the call of the particular calendar, and
object to the consideration of any bills or resolutions that did not
meet certain predetermined requirements. A system of official objectors
was used for the (now defunct) Consent Calendar⁽¹¹⁾ and is
still in use for the Private Calendar.⁽¹²⁾ Party officials
(or the Chair on behalf of such officials) typically announce to the
House the selection of official objectors,⁽¹³⁾ and a
statement regarding the criteria used in the screening process is
sometimes submitted to the Congressional Record.⁽¹⁴⁾
---------------------------------------------------------------------------
11. Parliamentarian's Note: This special calendar for noncontroversial
legislation was established in the 61st Congress in 1909 and
abolished in the 104th Congress in 1995. See Deschler's
Precedents Ch. 22 Sec. Sec. 3-9.
12. For more on the Private Calendar, see Deschler's Precedents Ch. 22
Sec. Sec. 10-14 and Precedents (Wickham) Ch. 22. For private
bills generally, see Deschler's Precedents Ch. 24 Sec. 3 and
Precedents (Wickham) Ch. 24.
13. See Deschler's Precedents Ch. 3 Sec. Sec. 15.1, 15.2, 19.4, and
20.1. Announcements are also made when there is a change in the
individuals selected as official objectors. See 120 Cong. Rec.
11402, 93d Cong. 2d Sess. (Apr. 23, 1974). See also Deschler's
Precedents Ch. 3 Sec. 20.2.
14. See Deschler's Precedents Ch. 3 Sec. Sec. 15.3-15.5, 19.4, and
20.1. See also 157 Cong. Rec. 4930, 4945, 112th Cong. 1st Sess.
(Mar. 31, 2011).
---------------------------------------------------------------------------

Other Committees and Informal Groups

The two major party organizations have evolved considerably over
the years and the internal structure of each has undergone many
changes. In addition to the committees designed to facilitate the
formation of policy agendas and assigning Members to committees
(described above), each party organization has established additional
groups, both formal and informal, to support its
membership.⁽¹⁵⁾
---------------------------------------------------------------------------
15. For a description of older committees or groups no longer in
existence, such as ``patronage'' committees, see Deschler's
Precedents Ch. 3 Sec. Sec. 8, 12, 14, and 16.
---------------------------------------------------------------------------

One of the major functions of the Democratic Caucus and the
Republican Conference is to assist Members of each party with
fundraising and campaign financing. Thus, the Caucus and the Conference
have each established internal committees to coordinate such election
and campaign-related activities: the Democratic Congressional Campaign
Committee and the National Republican Congressional Committee. These
committees work with party members to raise and distribute funds for
election campaigns and coordinate communication
strategies.⁽¹⁶⁾
---------------------------------------------------------------------------
16. For an example of joint remarks by the chairs of each
organization's campaign committees on the subject of negative
campaign advertising, see 144 Cong. Rec. 20755, 105th Cong. 2d
Sess. (Sept. 17, 1998).
---------------------------------------------------------------------------

The Democratic Caucus has, for many years, established a Committee
on Caucus Procedures. This committee, appointed by the chair of the
Democratic Caucus, reviews Caucus rules and makes recommendations for
possible amendment.⁽¹⁷⁾
---------------------------------------------------------------------------
17. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
10.
---------------------------------------------------------------------------

Apart from these formal committees, each party organization may
associate with informal groups composed of a subset of the
organization's membership. Such informal groups may be formed to
advocate for a particular political ideology, a specific region of the
country, a demographic group, or a particular topic or issue.

Sec. 4.1 By unanimous consent, the House considered and agreed to a
resolution providing equal amounts to the Republican Steering
Committee and the Democratic Policy Committee, as determined by the
Committee on Appropriations, from amounts previously appropriated
for other purposes.

On January 4, 1995,⁽¹⁸⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
18. 141 Cong. Rec. 547-48, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING AMOUNTS FOR THE REPUBLICAN STEERING COMMITTEE AND THE
DEMOCRATIC POLICY COMMITTEE

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I offer a
resolution (H. Res. 9) providing amounts for the Republican
Steering Committee and the Democratic Party Committee, and ask
unanimous consent for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 9

Resolved, That, effective at the beginning of the 104th Congress, there
shall be available, in equal amounts to the Republican Steering Committee
and the Democratic Policy Committee, such sums as may be necessary, to be
provided, as determined by the Committee on Appropriations, from amounts
previously appropriated for other purposes under the appropriation for
salaries and expenses of the House of Representatives, fiscal year 1995.

The SPEAKER pro tempore.⁽¹⁹⁾ Is there objection to
the request of the gentleman from New York?
---------------------------------------------------------------------------
19. Rick Lazio (NY).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

B. Floor Leaders and Party Whips

Sec. 5. In General

The floor leaders in the House are known as the Majority Leader
(chosen by the majority party) and the Minority Leader (chosen by the
minority party). Unlike the Speaker of the House, floor leaders are not
officers of the House and thus are not elected by the full House.
Instead, they are leaders within their respective party organizations
and are elected solely by those organizations. The election of each
party's floor leader is typically conveyed to the House by an
announcement by the chair of the party caucus or
conference.⁽¹⁾ The individual party organizations are
responsible for electing new leaders in the case of a vacancy in the
position. Third parties have sometimes elected their own floor leaders,
but this has not occurred in many decades.⁽²⁾ In the 112th
Congress in 2011, the Democratic Caucus created a new position of
``Assistant Democratic Leader.''
---------------------------------------------------------------------------
1. See, e.g., 163 Cong. Rec. H6 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
2. Parliamentarian's Note: The last time a third party elected a floor
leader in the House appears to have taken place in the 75th
Congress (1937). See Deschler's Precedents Ch. 3 Sec. 17.4.
---------------------------------------------------------------------------

In addition to the floor leaders, each party also maintains a whip
organization that is headed by the Majority Whip (for the majority
party) and the Minority Whip (for the minority party). Like the floor
leaders, the party whips are internal officials within each party
organization, and thus are elected by the parties, not the full
House.⁽³⁾
---------------------------------------------------------------------------
3. For more on the party whips, see Sec. 7, infra.
---------------------------------------------------------------------------

The term ``House leadership'' is sometimes used to describe the
collection of individuals on the majority side serving as Speaker,
Majority Leader, and Majority Whip. The term ``party leadership'' or
``leadership office'' may refer to the floor leaders or whips (of
either party), or the Speaker. Under the standing rules of the House,
the Bipartisan Legal Advisory Group is composed of the Speaker and
``the majority and minority leaderships.''⁽⁴⁾ Staff of the
``respective party leaderships'' are granted access to the floor of the
House,⁽⁵⁾ while staff from ``leadership offices'' are barred
from making certain lobbying contacts under clause 7 of rule
XXV.⁽⁶⁾
---------------------------------------------------------------------------
4. Rule II, clause 8(b), House Rules and Manual Sec. 670a (2017).
5. Rule IV, clause 2(a)(7), House Rules and Manual Sec. 678 (2017).
6. House Rules and Manual Sec. 1102a (2017).
---------------------------------------------------------------------------

Certain appointments in the House are made jointly by individuals
in leadership offices. For example, the Inspector General of the House
is appointed jointly by the Speaker, the Majority Leader, and the
Minority Leader pursuant to clause 6(b) of rule II.⁽⁷⁾
---------------------------------------------------------------------------
7. House Rules and Manual Sec. 667 (2017). The former Director of
Nonlegislative and Financial Services (a position since
abolished) was similarly appointed jointly by the Speaker,
Majority Leader, and Minority Leader. See Sec. 5.1, infra.
---------------------------------------------------------------------------

House leaders, including the Speaker, Majority Leader, and Minority
Leader, are provided with increased salaries as compared to other
Members of the House,⁽⁸⁾ and may also be provided with
additional funding for the administrative expenses associated with
managing their offices.⁽⁹⁾ On various occasions, the House
has considered resolutions authorizing additional funding for these
positions to be taken from the applicable accounts of the
House.⁽¹⁰⁾
---------------------------------------------------------------------------
8. 2 U.S.C. Sec. 4501.
9. See, e.g., 2 U.S.C. Sec. 5121 (expense allowance for the Speaker of
the House).
10. See Sec. Sec. 5.3-5.7, infra.
---------------------------------------------------------------------------

Joint Appointments by Leadership

Sec. 5.1 Pursuant to the provisions of House Resolution 423, 102d
Congress, the Speaker, the Majority Leader, and the Minority Leader
jointly appointed the House's first Director of Nonlegislative and
Financial Services.⁽¹¹⁾
---------------------------------------------------------------------------
11. Parliamentarian's Note: The Director of Nonlegislative and
Financial Services was a short-lived position in the House, in
existence during the 102d and 103d Congresses. Many of this
officer's functions were transferred to the new Chief
Administrative Officer position, created in the 104th Congress.
See H. Res. 5, 141 Cong. Rec. 463, 464, 104th Cong. 1st Sess.
(Jan. 4, 1995). See also Precedents (Wickham) Ch. 6.
---------------------------------------------------------------------------

On October 9, 1992,⁽¹²⁾ the following appointment was
announced to the House:
---------------------------------------------------------------------------
12. 138 Cong. Rec. 34802, 102d Cong. 2d Sess.
---------------------------------------------------------------------------

Pursuant to the provisions of House Resolution 423, 102d
Congress, and the order of the House of Monday, October 5, 1992,
permitting appointments authorized by law or by the House, the
Speaker, majority leader, and minority leader on Friday, October
23, 1992, did jointly appoint Lt. Gen. Leonard P. Wishart (ret.) to
the position of Director of Nonlegislative and Financial Services
for the U.S. House of Representatives.

Sec. 5.2 Pursuant to clause 2(b) of rule VI (now clause 6(b) of rule
II),⁽¹³⁾ the Speaker, Majority Leader, and Minority
Leader jointly appointed John W. Lainhart, IV, as the first
Inspector General of the House of Representatives.
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 667 (2017).
---------------------------------------------------------------------------

On November 10, 1993,⁽¹⁴⁾ the following appointment was
made:
---------------------------------------------------------------------------
14. 139 Cong. Rec. 28591, 103d Cong. 1st Sess. See also Precedents
(Wickham) Ch. 6.
---------------------------------------------------------------------------

APPOINTMENT OF JOHN W. LAINHART IV AS INSPECTOR GENERAL FOR THE
HOUSE OF REPRESENTATIVES

The SPEAKER pro tempore.⁽¹⁵⁾ Pursuant to the
provisions of section 2(b) of rule 6, the Speaker, majority leader,
and minority leader jointly appoint Mr. John W. Lainhart IV to the
position of inspector general for the U.S. House of Representatives
effective November 14, 1993.
---------------------------------------------------------------------------
15. Louise Slaughter (NY)
---------------------------------------------------------------------------

Funding for Leadership Staff and Expenses

Sec. 5.3 The House adopted a privileged resolution, reported from the
Committee on House Administration, providing for payment from the
contingent fund of additional employee and equipment allowances for
offices within the majority and minority leadership.

On April 12, 1973,⁽¹⁶⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
16. 119 Cong. Rec. 12185-86, 93d Cong. 1st Sess. See also Precedents
(Wickham) Ch. 6.
---------------------------------------------------------------------------

Mr. [Wayne] HAYS [of Ohio]. Mr. Speaker, by direction of the
Committee on House Administration, I call up House Resolution 342,
a privileged resolution, and ask for its immediate consideration.
The Clerk read the resolution as follows:

H. Res. 342

Resolved, That, until otherwise provided by law, effective April 1, 1973,
there shall be paid out of the contingent fund of the House for office
personnel and for rental or lease of necessary equipment for the conduct of
the business of the office of each of the following officials of the House
of Representatives the following per annum amounts:

(1) The Speaker, $40,000.

(2) The majority leader, $30,000.

(3) The minority leader, $30,000.

(4) The majority whip, $30,000.

(5) The minority whip, $30,000.

(6) The chief deputy majority whip, $40,000.

(7) The chief deputy minority whip, $40,000. Such amounts shall be in
addition to all other amounts to which such officials may be entitled. . .

Mr. HAYS. Mr. Speaker, I move the previous question on the
resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 5.4 The House passed, under suspension of the rules, a Senate bill
relating to civil service annuity benefits for widows of employees,
with an amendment increasing the base for computation of the
annuities of the Speaker and other Members in leadership positions.

On March 19, 1974,⁽¹⁷⁾ the following occurred:
---------------------------------------------------------------------------
17. 120 Cong. Rec. 7206, 7207, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [Thaddeus] DULSKI [of New York]. Mr. Speaker, I move to
suspend the rules and pass the Senate bill (S. 2174) to amend the
civil service retirement system with respect to the definitions of
widow and widower, as amended.
The Clerk read the Senate bill, as follows:

S. 2174

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) clauses (1) (A) and (2)
(A) of section 8341(a) of title 5, United States Code, are amended by
striking out ``2 years'' wherever it appears and inserting in lieu thereof
``1 year''.

(b) The amendments made by subsection (a) of this section shall not apply
in the cases of employees, Members, or annuitants who died before the date
of enactment of this Act. The rights of such individuals and their
survivors shall continue in the same manner and to the same extent as if
such amendments had not been enacted.

Sec. 2. (a) Section 8339(f) (2) of title 5, United States Code, Is
amended--

(1) by deleting ``greater'' and inserting ``greatest'' in place thereof;

(2) by deleting the word ``or'' immediately after the semicolon at the
end of clause (A):

(3) by redesignating clause (B) as clause (C); and

(4) by inserting immediately below clause (A) the following new clause
(B):

``(B) the average pay of the Member; or''.

(b) The amendments made by subsection (a) of this section shall apply to
annuities paid for months beginning after the date of enactment of this
Act.

The SPEAKER.⁽¹⁸⁾ Is a second demanded?
---------------------------------------------------------------------------
18. Carl Albert (OK).
---------------------------------------------------------------------------

Mr. [Harold] GROSS [of Iowa]. Mr. Speaker, I demand a second.
The SPEAKER. Without objection, a second will be considered as
ordered.
There was no objection. . . .

EXPLANATION OF AMENDMENT TO S. 2174

The amendment to the bill is intended to correct a deficiency
in the provisions of the retirement law (5 U.S.C. 8339(f)(2)),
relating to a maximum civil service annuity. The deficiency arises
because of the method of computing the annuity.
Under existing law, an annuity may not exceed 80 percent of the
``average pay'' in the case of an employee, and 80 percent of the
``final basic pay'' in the case of most Members.
The ``final basic pay'' of most Members currently is $42,500,
and in the case of Members serving in the leadership positions, is
$62,500 for the Speaker, and $49,500 for the President pro tempore
of the Senate and the majority and minority leaders of the House of
Representatives and of the Senate.
However, when a Member who has served in one of the leadership
positions subsequently serves as a Member, but not in a leadership
position, his final basic pay currently is $42,500. Consequently,
such a Member loses all rights to have the higher rate of pay he
received as a Member in a leadership position considered in
determining his maximum annuity.
The amendment to the bill will permit the pay received while in
a leadership position to be used in determining the maximum annuity
to which a Member is entitled when he serves as a Member subsequent
to service in a leadership position.

Sec. 5.5 The House agreed to a resolution reported from the Committee
on House Administration providing for additional staff assistance
for House leadership and providing payment therefor from the
contingent fund.

On May 6, 1975,⁽¹⁹⁾ the following occurred:
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19. 121 Cong. Rec. 13078-79, 94th Cong. 1st Sess.
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TO PROVIDE FOR ADDITIONAL STAFF ASSISTANCE FOR THE LEADERSHIP

Mr. [Wayne] HAYS of Ohio. Mr. Speaker, by direction of the
Committee on House Administration, I call up House Resolution 413
and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 413

Resolved, That (a) subject to the provisions of subsection (b), effective
March 1, 1975, there shall be two additional employees in the office of the
Speaker of the House of Representatives and one additional employee in the
office of the minority floor leader.

(b) The annual rate of compensation for the individuals employed under
subsection (a) shall not exceed the annual rate of basic pay of level IV of
the Executive Schedule of section 5316 of title 5, United States Code, and
until otherwise provided by law such compensation shall be paid from the
contingent fund of the House.

Sec. 2. That (a) subject to the provisions of subsection (b), effective
March 1, 1975, there shall be one additional employee in the office of the
majority floor leader, the minority floor leader, the Democratic caucus,
and the Republican conference of the House of Representatives.

(b) The annual rate of compensation for any individual employed under
subsection (a) shall not exceed the annual rate of basic pay of level V of
the Executive Schedule of section 5316 of title 5, United States Code, and
until otherwise provided by law such compensation shall be paid from the
contingent fund of the House.

Sec. 3. Effective March 1, 1975, there shall be paid out of the
contingent fund of the House of Representatives a lump sum amount for
salaries and expenses for the offices of each of the following officials or
organizations of the House of Representatives the following per annum
amounts: the office of the Speaker, $30,000; the majority whip, $50,000;
and the minority whip, $50,000; and for clerical assistance in the offices
of the Democratic caucus, $30,000; and the Republican conference, $30,000;
and the amounts provided herein, together with amounts otherwise
authorized, shall be the authorized amounts until otherwise provided by
law.

Sec. 4. Effective March 1, 1975, the two statutory clerk positions
authorized by Public Law 89-545, dated August 27, 1966, in the office of
the minority floor leader are hereby abolished, and the lump sum amount for
salaries and expenses for the office of the minority floor leader shall be
increased by $45,494.89 to equal that of the majority floor leader; and
such increased amount shall be paid from the contingent fund of the House
of Representatives until otherwise provided by law.

Sec. 5. The provision of this resolution shall continue in effect until
otherwise provided by law.

Mr. HAYS of Ohio (during the reading). Mr. Speaker, I ask
unanimous consent that the resolution be considered as read and
printed in the RECORD.
The SPEAKER.⁽²⁰⁾ Is there objection to the request
of the gentleman from Ohio?
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20. Carl Albert (OK).
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There was no objection.
Mr. HAYS of Ohio. Mr. Speaker, I believe that I should explain
briefly what the resolution pertains to, as I am sure the gentleman
from Maryland (Mr. BAUMAN) was about to ask that question.
Mr. Speaker, House Resolution 413 provides for equal funding of
an equal number of statutory positions in the office of the
majority leader, the minority leader, and the whips' office.
I might say further that this resolution also provides that the
Speaker shall be brought up to the standard number of statutory
positions, so as not to be inferior to that of the office of the
majority leader and minority leader, as it has been In the past.
The resolution also gives very limited support to the chairman
of the Democratic Caucus and the chairman of the Republican
Conference in clerical help.
Mr. [Robert] BAUMAN [of Maryland]. Mr. Speaker, would the
gentleman from Ohio yield for a question?
Mr. HAYS of Ohio. Yes, I would be glad to yield to the
gentleman from Maryland.
Mr. BAUMAN. These positions will be paid at the level of
$36,000 a year In each instance, the top pay?
Mr. HAYS of Ohio. That would be the maximum pay. Not all of the
positions would be at that statutory level, I might say to the
gentleman from Maryland.
Mr. BAUMAN. How many persons at that level does each of these
offices have, for instance, the Democratic Caucus?
Mr. HAYS of Ohio. The Democratic Caucus and the Republican
Conference have none.
Mr. BAUMAN. They have none paid at that level?
Mr. HAYS of Ohio. That is right. This would give them one level
V position each and a $30,000 allowance for all of the expenses,
including stenographic, paper, ink, whatever.
Mr. BAUMAN. What would that bring the total staff number to in
the Democratic Caucus?
Mr. HAYS of Ohio. That would really depend. They would have one
person. My judgment is they would have one person plus one clerical
person, certainly not more than two. One cannot get more than two
at $30,000 and have any money left over for paper clips,
stationery, and so on. It would give them a total of $66,000 and
one level V position, which would use up $30,000.
Mr. BAUMAN. The same would be granted to the Republican
Conference?
Mr. HAYS of Ohio. Yes, sir.
Mr. BAUMAN. Considering the total of these four different
offices involved, did the committee in any way come up with a cost
figure of additional space or clerical help that might be
necessary?
Mr. HAYS of Ohio. I can just tell the gentleman what we did in
the way of bodies, and if he wants me to, I will run over it: Two
additional positions at level IV for the Speaker's office, and
level IV carries a salary of $38,000; in the majority leader's
office, one additional level V position. That carries a salary of
$36,000; in the minority leader's office, one position at level IV
actually, and one position at level V, and a lump-sum allowance of
$45,495, which would seem that we gave the minority leader more
than we did the majority leader, but we abolished two positions at
a lower level In the majority leader's office, so that his office
and the minority leader's office are equal.
To the majority whip and the minority whip we gave a lump-sum
allowance of $50,000, each to be used to hire whatever people they
need at whatever salary they determine.
Mr. BAUMAN. The total cost of the resolution would be what?
Mr. HAYS of Ohio. The total cost of the resolution is $468,680.
Mr. BAUMAN. About a half million dollars altogether?
Mr. HAYS of Ohio. Yes.
Mr. BAUMAN. I thank the gentleman for his explanation.
Mr. HAYS of Ohio. Mr. Speaker, I move the previous question on
the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 5.6 By unanimous consent, the House considered and agreed to a
resolution transferring two statutory employees from the Majority
Whip to the Majority Leader.

On January 4, 1995,⁽²¹⁾ the following resolution was
considered and agreed to:
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21. 141 Cong. Rec. 548, 104th Cong. 1st Sess.
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PROVIDING FOR TRANSFER OF TWO EMPLOYEE POSITIONS

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I offer a
resolution (H. Res. 10) providing for the transfer of two employee
positions, and ask unanimous consent for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 10

Resolved, That, effective at the beginning of the 104th Congress, two
statutory employee positions under the chief majority whip are transferred
to the majority leader.

The SPEAKER pro tempore.⁽²²⁾ Is there objection to
the request of the gentleman from Texas?
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22. Rick Lazio (NY).
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There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 5.7 By unanimous consent, the House considered and then agreed to
a resolution offered by the Majority Leader transferring various
statutorily created personnel positions among both party's caucuses
and their respective leaderships.

On March 10, 1995,⁽²³⁾ the following occurred:
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23. 141 Cong. Rec. 7562, 104th Cong. 1st Sess.
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PROVIDING FOR THE TRANSFER OF CERTAIN EMPLOYEE POSITIONS

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I send to the desk
a resolution (H. Res. 113) providing for the transfer of certain
employee positions and ask unanimous consent for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 113

Resolved, That (a)(1) the two statutory positions specified in paragraph
(2) are transferred from the House Republican Conference to the majority
leader.

(2) The positions referred to in paragraph (1) are--

(A) the position established by section 102(a)(2) of the Legislative
Branch Appropriations Act, 1988, as contained in section 101(i) of Public
Law 100-202; and

(B) the position established by section 102(a)(2) of the Legislative
Branch Appropriations Act, 1990.

(b)(1) The two statutory positions specified in paragraph (2) are
transferred from the majority leader to the House Republican Conference.

(2) The positions referred to in paragraph (1) are--

(A) the position established for the chief deputy majority whip by
subsection (a) of the first section of House Resolution 393. Ninety-fifth
Congress, agreed to March 31, 1977, as enacted into permanent law by
section 115 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C.
74a-3); and

(B) the position established for the chief deputy majority whip by
section 102(a)(4) of the Legislative Branch Appropriations Act, 1990;

both of which positions were transferred to the majority leader by House
Resolution 10, One Hundred Fourth Congress, agreed to January 5
(legislative day, January 4), 1995.

Sec. 2. (a)(1) The two statutory positions specified in paragraph (2) are
transferred from the Democratic Steering and Policy Committee to the
minority leader.

(2) The positions referred to in paragraph (1) are--

(A) one of the two positions established by section 103(a)(1) of the
Legislative Branch Appropriations Act, 1986; and

(B) the position established by section 102(a)(1) of the Legislative
Branch Appropriations Act, 1988, as contained in section 101(i) of Public
Law 100-202.

(b)(1) The two statutory positions specified in paragraph (2) are
transferred from the minority leader to the Democratic Steering and Policy
Committee.

(2) The positions referred to in paragraph (1) are--

(A) the position establish by section 102(a)(3) of the Legislative Branch
Appropriations Act, 1990; and

(B) the position established by paragraph 2. (a) of House Resolution 690,
Eighty-ninth Congress, agreed to January 26, 1966, as enacted into
permanent law by section 103 of the Legislative Branch Appropriation Act,
1967.

Sec. 3. (a) Upon the enactment of this section into permanent law, the
amendment made by subsection (b) shall take effect.

(b) Subsection (a) of the first section of House Resolution 393, Ninety-
fifth Congress, agreed to March 31, 1977, as enacted into permanent law by
section 115 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C.
74a-3) is amended by striking out ``Chief majority whip'' and inserting in
lieu thereof ``chief deputy majority whip''.

The SPEAKER pro tempore.⁽²⁴⁾ Is there objection to
the request of the gentleman from Texas?
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24. Henry Bonilla (TX).
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There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 6. The Majority Leader and the Minority Leader

The party floor leaders in the House of Representatives are the
Majority Leader and the Minority Leader. These officials are not
officers of the House but are chosen by each of the two major party
organizations.⁽¹⁾ Thus, unlike the Speaker, they are not
elected by the full House but are instead elected by the Democratic
Caucus and the Republican Conference, and their selection merely
announced to the House.⁽²⁾ When a vacancy occurs in either
of these positions, the relevant party will make an announcement to the
House informing the body of that party's choice to fill the
vacancy.⁽³⁾ If the Majority Leader is absent, the party
caucus may choose an ``acting'' Majority Leader to temporarily exercise
the authorities of that position.⁽⁴⁾ Third parties have
selected floor leaders in the past, but this has not been done in many
decades.⁽⁵⁾ In one instance, a Minority Leader of the House
(Rep. Gerald Ford of Michigan) was nominated (and confirmed) to the
office of Vice President.⁽⁶⁾
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1. Parliamentarian's Note: Despite not being an officer of the House,
the Minority Leader has customarily joined with the Speaker of
the House to assert the House's institutional prerogatives
regarding the President's use of ``pocket veto'' authority.
See, e.g., 156 Cong. Rec. 9473-74, 111th Cong. 2d Sess. (May
26, 2010). For more on vetoes generally, see Deschler's
Precedents Ch. 24 Sec. Sec. 17-23 and Precedents (Wickham) Ch.
24.
2. See Sec. 6.1, infra. See also Deschler's Precedents Ch. 3
Sec. Sec. 3.5, 6.4, and 17.1.
3. See Sec. Sec. 6.2, 6.3, and 6.5, infra. See also Deschler's
Precedents Ch. 3 Sec. Sec. 3.6, 6.5, and 17.2.
4. See Deschler's Precedents Ch. 3 Sec. 17.4.
5. See Deschler's Precedents Ch. 3 Sec. 17.3.
6. See Sec. 6.6, infra.
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The position of Majority Leader was not formally recognized until
the 56th Congress (1899), although at various points in the 19th
century, the majority party would delegate certain floor
responsibilities to a designated Member (often the chair of the
Committee on Ways and Means).⁽⁷⁾ As party leader, the
Majority Leader is generally tasked with guiding legislation favored by
the party to the floor of the House for a vote. The Majority Leader
thus exercises various responsibilities regarding the House's agenda
and schedule, including supervising the composition of the list of
bills to be considered by suspension⁽⁸⁾ and negotiating
unanimous-consent agreements with the minority party.⁽⁹⁾ The
two party leaders (or designees thereof) customarily engage in a
colloquy at the end of the week to discuss the House schedule for the
upcoming week.⁽¹⁰⁾ The Majority Leader may also make ad hoc
announcements to the membership regarding the House's
schedule,⁽¹¹⁾ or insert into the Congressional Record a
calendar of days that the House is expected to be in
session.⁽¹²⁾
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7. Parliamentarian's Note: James Madison is often described as the
first floor leader of the House, recognizing his efforts during
the First Congress (1789) to manage consideration of
legislation creating the first executive departments and the
first ten amendments to the Constitution (known as the Bill of
Rights).
8. See Deschler's Precedents Ch. 3 Sec. Sec. 18.2, 18.5.
9. See Deschler's Precedents Ch. 3 Sec. Sec. 18.3, 18.4, and 18.7.
10. See Sec. 6.17, infra. See also Deschler's Precedents Ch. 3
Sec. 18.6.
Parliamentarian's Note: The traditional weekly schedule
colloquy between party leaders appears to have its origins in
the 1920s or 1930s. See, e.g., 80 Cong. Rec. 7010, 74th Cong.
2d Sess. (May 8, 1936). By 1940, it was observed that, ``it is
the custom for the Majority Leader to make such announcements''
regarding the upcoming schedule, indicating that the practice
had been observed with some regularity in the preceding years.
86 Cong. Rec. 2203, 76th Cong. 3d Sess. (Mar. 1, 1940). By the
mid-1940s, the custom of recognizing the Minority Leader to
make inquiries of the Majority Leader regarding the House's
schedule had developed (see, e.g., 88 Cong. Rec. 4964, 77th
Cong. 2d Sess. (June 5, 1942)), though the colloquy did not
take place on a weekly basis until at least the 1950s.
11. See Sec. 6.16, infra.
12. See Sec. 6.16, infra.
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The Majority Leader and the Minority Leader often take
responsibility for offering certain resolutions on the floor, such as
the resolution adopting the standing rules of the House,⁽¹³⁾
or other organizational resolutions.⁽¹⁴⁾ Traditionally,
party leaders do not serve on committees.⁽¹⁵⁾ Although
somewhat rare in modern practice, the Majority Leader may be appointed
as Speaker pro tempore.⁽¹⁶⁾
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13. See, e.g., 163 Cong. Rec. H7 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017). See also Deschler's Precedents Ch. 3 Sec. 17.7.
14. See, e.g., Deschler's Precedents Ch. 3 Sec. 17.11.
15. See Sec. 8, infra.
16. See, e.g., Deschler's Precedents Ch. 3 Sec. 17.5.
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The floor leaders often assume various ceremonial roles, such as
participation on escort or notification committees.⁽¹⁷⁾ Upon
election of a new Speaker, it is traditionally the Minority Leader who
introduces the Speaker-elect to the body and presents such individual
with the Chair's gavel.⁽¹⁸⁾
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17. See Sec. 3, supra.
18. See Sec. 2, supra.
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Despite their status as party officials rather than House officers,
the Majority Leader and the Minority Leader are accorded certain
prerogatives under the rules and precedents of the
House.⁽¹⁹⁾ Under the standing rules, the party leaders have
the prerogative to offer a resolution raising a question of the
privileges of the House without the two-day notice requirement
applicable to all other Members.⁽²⁰⁾ Pursuant to clause 2(d)
of rule XXI,⁽²¹⁾ the Majority Leader (or designee) is
authorized to offer a motion to rise from the Committee of the Whole
and report the bill_a motion that has precedence over motions to amend
the bill. Under clause 6(c) of rule XIII,⁽²²⁾ the Committee
on Rules may not report certain special orders of business resolutions
that preclude the Minority Leader (or designee) from offering a motion
to recommit. Under the precedents, the Minority Leader is given
priority in recognition with respect to motions to recommit under
clause 2(a) of rule XIX.⁽²³⁾ Before the elimination of all
restrictions on standing committees meeting during consideration of a
measure under the five-minute rule in the Committee of the Whole, a
former rule permitted the Majority Leader to offer a privileged motion
to waive this restriction.⁽²⁴⁾
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19. For more on debate time divided on the basis of party affiliation
(including debate time specifically allocated to the party
floor leaders), see Sec. Sec. 11, 12, infra.
20. Rule IX, clause 2(a)(1), House Rules and Manual Sec. 699 (2017).
The party leaders also have priority in recognition for debate
on questions of privilege under clause 2(a)(2) of rule IX.
21. House Rules and Manual Sec. 1040 (2017).
22. House Rules and Manual Sec. 857 (2017).
23. House Rules and Manual Sec. 1001 (2017). See also Sec. 6.15, infra.
See also Deschler's Precedents Ch. 23 Sec. 27 and Deschler's
Precedents Ch. 29 Sec. Sec. 23.45-23.53.
24. Former rule XI, clause 2(i)(1), House Rules and Manual Sec. 710
(1995).
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In addition to these privileges afforded by the standing rules, ad
hoc orders of the House may likewise provide specific authorities that
may only be exercised by the party leaders. For example, a resolution
of the House may provide that debate time, motions, or other
legislative actions normally available to any Member be restricted to
party leaders⁽²⁵⁾ or the Majority Leader
only.⁽²⁶⁾ In recent years, a separate order of the House has
reserved the first ten bill numbers to the Speaker and the second ten
bill numbers to the Minority Leader.⁽²⁷⁾
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25. See Sec. Sec. 6.9, 6.12, infra.
26. See Sec. 6.14, infra.
27. See, e.g., Sec. 6.1, infra.
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The House also observes a long-standing custom whereby the Speaker
and the floor leaders are permitted extended debate time on the floor
of the House. Typically, such individuals will be yielded a nominal
amount of time (usually one minute) but then be permitted to speak
without limit.⁽²⁸⁾ In one instance, the Speaker and the
Majority Leader were granted special permission to extend their remarks
in the Congressional Record until the last edition thereof for the
Congress.⁽²⁹⁾
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28. See Sec. Sec. 6.18-6.21, infra.
29. See Sec. 6.7, infra.
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Many rules of the House contain a consultation requirement that
must be met before certain authorities are exercised. For example, the
Speaker is given various emergency convening and recess authorities in
clause 12 of rule I.⁽³⁰⁾ However, such authorities may only
be exercised after consultation with the Minority
Leader.⁽³¹⁾ Similarly, the Speaker must consult with both
floor leaders on the content of a catastrophic quorum failure report if
such report is issued by the Sergeant-at-Arms (pursuant to clause
5(c)(3)(B)(ii) of rule XX).⁽³²⁾ Similar consultation
requirements are also found in the rule regarding the Committee on
Oversight and Government Reform's responsibility to report oversight
plans to the House,⁽³³⁾ and in the rule regarding the
establishment of a drug-testing program for the House.⁽³⁴⁾
Under section 406 of the Congressional Budget Act,⁽³⁵⁾ the
Speaker is required to consult with the Minority Leader before
appointing a ``Member User Group'' to review budgetary scorekeeping
practices. In addition to these formal consultation requirements, the
Speaker may also choose to consult with the floor leaders on any other
issue pertinent to House operations.⁽³⁶⁾
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30. House Rules and Manual Sec. 639 (2017). See also Precedents
(Wickham) Ch. 1 Sec. 11.
31. For an earlier example of a recall of the House authorized by the
Speaker and the floor leaders (and their counterparts in the
Senate), see Deschler's Precedents Ch. 3 Sec. 18.8.
32. House Rules and Manual Sec. 1024a (2017).
33. Rule X, clause 2(d)(5), House Rules and Manual Sec. 743 (2017).
34. Rule I, clause 9, House Rules and Manual Sec. 635 (2017).
35. 2 U.S.C. Sec. 656.
36. See, e.g., Deschler's Precedents Ch. 3 Sec. 17.16 (consultation
with regard to floor privileges).
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The Speaker has, for many years, inserted into the Congressional
Record a list of policy statements that inform the body how the Speaker
intends to exercise certain authorities (such as recognition of Members
or the enforcement of decorum rules).⁽³⁷⁾ With regard to
unanimous-consent agreements, the Speaker's policy statement typically
indicates that the Speaker will not entertain unanimous-consent
requests for the consideration of certain legislative measures unless
such requests have been cleared with majority and minority
leaderships.⁽³⁸⁾ This policy has been interpreted to require
consultation with the Majority Leader and the Minority Leader, but not
others in the leadership hierarchy (such as the whips).⁽³⁹⁾
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37. See, e.g., 163 Cong. Rec. H34-H36 [Daily Ed.], 115th Cong. 1st
Sess. (Jan. 3, 2017). See also Deschler's Precedents Ch. 3
Sec. Sec. 18.1, 19.6, and Precedents (Wickham) Ch. 6.
38. See, e.g., 163 Cong. Rec. H35 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017). See also Sec. Sec. 6.22, 6.23, infra.
39. See Sec. 6.22, infra.
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While the Speaker is authorized to make all appointments to joint,
select, and conference committees (pursuant to clause 11 of rule
I),⁽⁴⁰⁾ the Speaker may solicit recommendations from the
Minority Leader regarding the appointment of minority party Members to
such committees.⁽⁴¹⁾ The Majority Leader has, on occasion,
been appointed as a conferee for consideration of all matters committed
to conference (rather than specific provisions).⁽⁴²⁾
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40. House Rules and Manual Sec. 637 (2017).
41. For an example of the Speaker appointing a slate of minority party
conferees upon recommendation of the Minority Leader, see 157
Cong. Rec. 112th Cong. 1st Sess. (Dec. 23, 2011). See also
Sec. 6.11, infra.
42. See Sec. 6.10, infra.
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Certain boards, commissions, and independent committees may,
pursuant to statute, contemplate a role for the floor leaders of the
House_either as appointing authorities, or as members of such entities
themselves.⁽⁴³⁾
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43. There have been at least 20 boards, commissions, or committees that
provide (or have provided) an appointment role for the Speaker,
Majority Leader, and/or Minority Leader. See also 121 Cong.
Rec. 1680, 94th Cong. 1st Sess. (Jan. 29, 1975) (Majority
Leader and Minority Leader submitting respective
recommendations for appointment to Federal Election Commission)
and 155 Cong. Rec. 6308, 112th Cong. 1st Sess. (Apr. 15, 2011)
(appointment to Commission on Civil Rights). See also
Deschler's Precedents Ch. 3 Sec. Sec. 17.15, 17.17.
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Finally, House rulemaking contained in statute⁽⁴⁴⁾ may
provide for special authorities or responsibilities for the party floor
leaders, such as authorizing or requiring the introduction of certain
legislation,⁽⁴⁵⁾ authorizing the offering of certain
motions,⁽⁴⁶⁾ allocating debate time,⁽⁴⁷⁾ or
conferring other authorities.⁽⁴⁸⁾
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44. See Precedents (Wickham) Ch. 5.
45. See, e.g., 19 U.S.C. Sec. 2191(c)(1).
46. See, e.g., 2 U.S.C. Sec. 359.
47. See, e.g., 42 U.S.C. Sec. 1395kkk(d)(4)(E).
48. See, e.g., 42 U.S.C. Sec. 2159(d).
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Selection of Floor Leaders

Sec. 6.1 The party selections of the Majority and Minority Leaders and
Whips (and one other minority position) were announced to the House
by the chairs of the respective party caucuses.

On January 5, 2011,⁽⁴⁹⁾ the following announcements were
made:
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49. 157 Cong. Rec. 79, 112th Cong. 1st Sess.
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MAJORITY LEADER

Mr. [Jeb] HENSARLING [of Texas]. Mr. Speaker, as chairman of
the Republican Conference, I have been directed to report to the
House that the Republican Members have selected as majority leader
the gentleman from Virginia, the Honorable Eric
Cantor. -------------------

MINORITY LEADER

Mr. [John] LARSON of Connecticut. Congratulations to you, Mr.
Speaker, and congratulations to my colleague and chair of the
Republican Conference.
Mr. Speaker, as chairman of the Democratic Caucus, I am
directed by that conference to notify the House of Representatives
officially that the Democratic Members have selected as minority
leader the gentlewoman from California, the Honorable Nancy
D'Alesandro Pelosi. -------------------

MAJORITY WHIP

Mr. HENSARLING. Mr. Speaker, as chairman of the Republican
Conference, I am directed by that conference to notify the House
officially that the Republican Members have selected as their
majority whip the gentleman from California, the Honorable Kevin
McCarthy. -------------------

MINORITY WHIP AND ASSISTANT DEMOCRATIC LEADER

Mr. LARSON of Connecticut. Mr. Speaker, as chair of the
Democratic Caucus, I am directed by that conference to notify the
House of Representatives officially that the Democratic Members
have selected as minority whip the gentleman from Maryland, the
Honorable Steny Hoyer; and as assistant Democratic leader, the
gentleman from South Carolina, the Honorable James Clyburn.

Sec. 6.2 With the former Minority Leader having become Vice President,
the selection of a new Minority Leader was announced by the chair
of the Republican Conference.

On December 7, 1973,⁽⁵⁰⁾ the following announcement was
made:
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50. 119 Cong. Rec. 40265, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

ELECTION OF JOHN J. RHODES AS MINORITY LEADER

(Mr. ANDERSON of Illinois asked and was given permission to
address the House for 1 minute, and to revise and extend his
remarks.)
Mr. [John] ANDERSON of Illinois. Mr. Speaker, I am pleased to
inform the House that at a meeting this morning of the House
Republican caucus the distinguished gentleman from Arizona (Mr.
Rhodes), was unanimously elected to fill the vacancy in the post of
House minority leader caused by the resignation of our former
colleague, the now Vice President of the United States, Mr. Gerald
R. Ford.
I am sure all Members will join me in extending our best wishes
to the gentleman from Arizona in his new capacity. It has been my
privilege to know him for the past 13 years and to work with him as
a member of the House Republican leadership. During all of that
time he has been unfailingly gracious and cooperative. I look
forward to our continued friendship and a beneficial relationship.

Sec. 6.3 The Majority Leader having been elected Speaker of the House
and the Majority Whip having resigned from the House, the
selections of the new Majority Leader and Majority Whip by the
Democratic Caucus were announced to the House by the vice chair of
that caucus.

On June 14, 1989,⁽⁵¹⁾ the following announcements were
made:
---------------------------------------------------------------------------
51. 135 Cong. Rec. 11747-48, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT OF SELECTION OF MAJORITY LEADER

Mr. [Steny] HOYER [of Maryland]. Mr. Speaker, as vice chairman
of the Democratic caucus, I have been directed to report to the
House that the Democratic Members have selected as majority leader
the gentleman from Missouri, the Honorable Dick
Gephardt. -------------------

ANNOUNCEMENT OF SELECTION OF MAJORITY WHIP

Mr. HOYER. Mr. Speaker, as vice chairman of the Democratic
caucus, I have been directed to report to the House that the
Democratic Members have selected as majority whip the gentleman
from Pennsylvania, the Honorable Bill Gray.

Sec. 6.4 The Majority Whip took the floor for a one-minute speech to
bid farewell to the House on the day on which his resignation from
the House (at the close of business) became effective.

On June 15, 1989,⁽⁵²⁾ the following occurred:
---------------------------------------------------------------------------
52. 135 Cong. Rec. 11952, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

COELHO SAYS FAREWELL TO THE HOUSE OF REPRESENTATIVES

(Mr. COELHO asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [Tony] COELHO [of California]. Mr. Speaker, to my friends
and colleagues, let me say that today a wonderful chapter in the
lives of the Coelho family is closing.
And tomorrow, a new adventure for Phyllis, Kristen, Nicole, and
myself will begin.
The joy we find in leaving is the opportunity our new lives
promise for being together.
The sadness is in departing this House of Representatives; a
place I truly love.
The generosity of my constituents, and the good will of my
colleagues, have enabled me to serve for 25 years: as a staffer, as
a Member, as campaign chair, and as majority whip.
Over that time, we made some changes and we made a difference.
But now the winds of change blow anew.
Yesterday, two magnificent young leaders took their places as
helmsmen for the Democratic Party.
Soon, the good people of the central San Joaquin Valley will
choose a new Member to represent their interests in Washington.
Like a strong and steady stream, this House is constantly
refreshed by new ideas and new leadership.
And that is what's so great about our system.
On behalf of all the Coelhos, I thank my colleagues for their
friendship, hard work, and dedication to this great country.
God bless you. And may God bless our wonderful country.
[Applause.]

Sec. 6.5 The selection of a new Majority Leader is announced to the
House by the chair of the relevant party organization.

On September 28, 2005,⁽⁵³⁾ the following announcement
was made:
---------------------------------------------------------------------------
53. 151 Cong. Rec. 21581, 109th Cong. 1st Sess. The former Majority
Leader had been indicted in state court; Republican Conference
rules required him to step aside upon indictment.
---------------------------------------------------------------------------

MAJORITY LEADER

Ms. [Deborah] PRYCE of Ohio. Mr. Speaker, as chairman of the
Republican Conference, I am directed by that conference to notify
the House officially that the Republican Members have selected as
majority leader the gentleman from Missouri, the Honorable Roy
Blunt.

A similar announcement was made on February 8, 2006:⁽⁵⁴⁾
---------------------------------------------------------------------------
54. 152 Cong. Rec. 1083, 109th Cong. 2d Sess.
---------------------------------------------------------------------------

MAJORITY LEADER

Ms. [Deborah] PRYCE of Ohio. Mr. Speaker, as chairman of the
Republican Conference, I am directed by that conference to notify
the House officially that the Republican Members have selected as
Majority Leader the gentleman from Ohio, the Honorable John A.
Boehner. -------------------

MAJORITY LEADER OF THE PEOPLE'S HOUSE

(Mr. BOEHNER asked and was given permission to address the
House for 1 minute.)
Mr. [John] BOEHNER [of Ohio]. Let me thank my colleagues for
their support and for this big job, and it is a big job.
I think all of the Members who I have worked with over the
years know how I operate. I am a Republican. I believe in
Republican principles. But this is the people's House. It is to
represent all of the people. And while I want my party to win every
day, I want us to win fairly and honestly. And so I will say to all
of you, I am going to do my best for the people's House. You may
not agree with every decision we make every day, but I think all of
you know in the marrow of my bones I believe in fairness.
As I have said before, when you have 11 brothers and sisters
and your dad owned a bar, you have learned a lot of lessons along
the way.

On July 31, 2014,⁽⁵⁵⁾ after the former Majority Leader
made a farewell speech on the floor,⁽⁵⁶⁾ the chair of the
Republican Conference announced his successor as follows:
---------------------------------------------------------------------------
55. 160 Cong. Rec. H7177 [Daily Ed.], 113th Cong. 2d Sess.
56. See 160 Cong. Rec. H7150-51 [Daily Ed.], 113th Cong. 2d Sess. The
former Majority Leader lost his party primary for reelection to
his seat and thus decided to step down from his leadership post
and resign from the House. See 160 Cong. Rec. H7247, H7248
[Daily Ed.], 113th Cong. 2d Sess. (Sept. 8, 2014).
---------------------------------------------------------------------------

MAJORITY LEADER

Mrs. [Cathy] McMORRIS RODGERS [of Washington]. Madam Speaker,
as chair of the Republican Conference, I am directed by that
Conference to notify the House officially that the Republican
Members have selected as majority leader the gentleman from
California, the Honorable Kevin McCarthy, effective August 1, 2014.

Duties and Prerogatives of Floor Leaders

Sec. 6.6 A Minority Leader of the House was nominated to the position
of Vice President of the United States following the resignation of
the sitting Vice President, and the Speaker laid such nomination
before the House.

On October 13, 1973,⁽⁵⁷⁾ the following message from the
President was laid before the House:
---------------------------------------------------------------------------
57. 119 Cong. Rec. 34032, 93d Cong. 1st Sess. See also Deschler's
Precedents Ch. 10 Sec. 4; Deschler's Precedents Ch. 13
Sec. 22.1; and Deschler's Precedents Ch. 36
Sec. 26. -------------------
---------------------------------------------------------------------------

MESSAGE FROM THE PRESIDENT

A message in writing from the President of the United States
was communicated to the House by Mr. Geisler, one of his
secretaries. -------------------

NOMINATION OF VICE PRESIDENT_MESSAGE FROM THE PRESIDENT OF THE
UNITED STATES (H. DOC. NO. 93-165)

The SPEAKER laid before the House the following message from
the President of the United States; which was read and referred to
the Committee on the Judiciary and ordered to be printed:

To the Congress of the United States:

Pursuant to the provisions of Section 2 of the Twenty-fifth
Amendment to the Constitution of the United States, I hereby
nominate Gerald R. Ford, of Michigan, to be the Vice President of
the United States.
Richard Nixon.

The White House, October 13, 1973.

Sec. 6.7 By unanimous consent, the Speaker and the Majority Leader were
granted permission to extend their remarks in the Congressional
Record until the last edition thereof, and to include a summary of
the work of the first session of the Congress.

On December 19, 1975,⁽⁵⁸⁾ the following unanimous-
consent request was transacted:
---------------------------------------------------------------------------
58. 121 Cong. Rec. 41975, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

PERMISSION FOR SPEAKER AND MAJORITY LEADER TO EXTEND THEIR
REMARKS

Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, I ask
unanimous consent that the majority leader and the Speaker of the
House may have the privilege of extending their remarks up to and
including the publication of the last Record and to include a
summary of the work of the Congress.
The SPEAKER.⁽⁵⁹⁾ Is there objection to the request
of the gentleman from Massachusetts?
---------------------------------------------------------------------------
59. Carl Albert (OK).
---------------------------------------------------------------------------

There was no objection.

Sec. 6.8 A designee of the Majority Leader of the House having offered
a motion to adjourn pursuant to a concurrent resolution providing
for sine die adjournment of the first session of the 98th Congress
upon motion of the Majority Leader or his designee, the House
adjourned sine die.

On November 16, 1983,⁽⁶⁰⁾ the following concurrent
resolution was adopted:
---------------------------------------------------------------------------
60. 129 Cong. Rec. 33123, 98th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR ADJOURNMENT SINE DIE ON THURSDAY, NOVEMBER 17,
1983, FRIDAY NOVEMBER 18, 1983, OR SATURDAY, NOVEMBER 19, 1983

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I send to the
desk a privileged concurrent resolution (H. Con. Res. 221) and ask
for its immediate consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 221

Resolved by the House of Representatives (the Senate concurring), That
when the House adjourns on Thursday, November 17, 1983, on Friday, November
18, 1983, or on Saturday, November 19, 1983, pursuant to a motion made by
the majority leader, or his designee, in accordance with this resolution,
and that when the Senate adjourns on Thursday, November 17, 1983, on
Friday, November 18, 1983, or on Saturday, November 19, 1983, pursuant to a
motion made by the majority leader in accordance with this resolution, they
stand adjourned sine die, or until 12 o'clock meridian on the second day
after Members are notified to reassemble pursuant to section 2 of this
concurrent resolution.

Sec. 2. The Speaker of the House, after consultation with the minority
leader of the House, and the majority leader of the Senate, after
consultation with the minority leader of the Senate, acting jointly, shall
notify the Members of the House and Senate, respectively, to reassemble
whenever, in their opinion, the public interest shall warrant it.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

On November 18, 1983,⁽⁶¹⁾ the following occurred:
---------------------------------------------------------------------------
61. 129 Cong. Rec. 34216, 98th Cong. 1st Sess.
---------------------------------------------------------------------------

ADJOURNMENT SINE DIE

Mr. [Harry] REID [of Nevada]. Mr. Speaker, pursuant to House
Concurrent Resolution 221, I move that the House do now adjourn
sine die.
The motion was agreed to.
The SPEAKER pro tempore.⁽⁶²⁾ In accordance with the
provisions of House Concurrent Resolution 221, the Chair declares
the 1st session of the 98th Congress adjourned sine die.
---------------------------------------------------------------------------
62. Robert Edgar (PA).
---------------------------------------------------------------------------

Thereupon (at 7 o'clock and 34 minutes p.m.) pursuant to House
Concurrent Resolution 221, the House adjourned.

Sec. 6.9 The House agreed to a resolution providing various end-of-
session authorities, including authority for the party floor
leaders (but not other Members) to offer from the floor (or
announce an intention to offer) resolutions raising questions of
the privileges of the House for a remainder of the session.

On November 6, 1997,⁽⁶³⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
63. 143 Cong. Rec. 24776-77, 24784, 24785, 24786, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR CONSIDERATION OF HOUSE RESOLUTION 305, WAIVING
REQUIREMENT OF CLAUSE 4(b) OF RULE XI WITH RESPECT TO
CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM COMMITTEE ON
RULES

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 305 and ask
for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 305

Resolved, That the requirement of clause 4(b) of rule XI for a two-thirds
vote to consider a report from the Committee on Rules on the same day it is
presented to the House is waived with respect to any resolution reported
from that committee before November 10, 1997, providing for consideration
or disposition of any of the following:

(1) A bill or joint resolution making general appropriations for the
fiscal year ending September 30, 1998, any amendment thereto, any
conference report thereon, or any amendment reported in disagreement from a
conference thereon.

(2) A bill or joint resolution that includes provisions making continuing
appropriations for fiscal year 1998, any amendment thereto, any conference
report thereon, or any amendment reported in disagreement from a conference
thereon.

Sec. 2. It shall be in order at any time before November 10, 1997, for
the Speaker, to entertain motions to suspend the rules, provided that the
object of any such motion is announced from the floor at least one hour
before the motion is offered. In scheduling the consideration of
legislation under this authority, the Speaker or his designee shall consult
with the minority leader or his designee.

Sec. 3. During the remainder of the first session of the One Hundred
Fifth Congress--

(1) notwithstanding clause 2(a)(1) of rule IX, a resolution noticed as a
question of the privileges of the House during the period from November 4,
1997, through the adoption of this resolution shall have precedence of all
other questions except motions to adjourn only at a time designated by the
Speaker; and

(2) the Speaker may not recognize a Member other than the majority leader
or the minority leader to offer from the floor, or to announce an intention
to offer, a resolution as a question of the privileges of the
House. -------------------

MOTION TO ADJOURN

Mr. [Silvestre] REYES [of Texas]. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER pro tempore (Mr. [Paul] Gillmor [of Ohio]). The
question is on the motion to adjourn offered by the gentleman from
Texas [Mr. Reyes].
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.

Recorded Vote

Mr. REYES. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
100, noes 309, not voting 24, as follows:

[Roll No. 586] . . .

So the motion to adjourn was rejected.
The result of the vote was announced as above
recorded. -------------------

WAIVING REQUIREMENT OF CLAUSE 4(b) OF RULE XI WITH RESPECT TO
CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM COMMITTEE ON
RULES

The SPEAKER pro tempore (Mr. [Thomas] Ewing [of Illinois]). The
gentleman from New York [Mr. Solomon] is recognized for 1 hour. . .
.
Mr. SOLOMON. . . .
The final section of the rule provides that during the
remainder of the 1st session of the 105th Congress, the Speaker may
not recognize a Member, other than the majority leader or the
minority leader, to offer from the floor or to announce an
intention to offer a resolution as a question of the privileges of
the House.
This section of the rule further provides that the Speaker may
postpone the consideration of any noticed resolution as a question
of the privileges of the House prior to the adoption of this
resolution during the remainder of the first session of the 105th
Congress.
Mr. Speaker, the procedures for calling up a rule on the same
day that it is reported from the Committee on Rules are familiar to
the House. It is customary for the appropriation measures at the
end of the session. Also, providing for motions to suspend the
rules on days other than Mondays or Tuesdays is very useful so that
bipartisan, noncontroversial legislation can move rapidly at the
end of the session.
We have a particular problem in the borders with Canada where
there are problems with people coming back and forth. There is some
bipartisan legislation that we hope to move under this kind of a
procedure. Adequate provision for notice to the minority are
provided, as has been the case in the past.
Mr. Speaker, in the furtherance of our target adjournment date,
this rule also addresses the dilatory tactics and abuse of the
House rules we have seen in recent weeks on the floor. As the House
is well aware, certain Members have utilized the procedure under
House rule IX, questions of the privilege of the House, to force
debate and votes on the contested election in the 46th
Congressional District in California. Under that rule, Members may
give notice of their intention to raise a question of privilege of
the House and the Speaker then sets an appropriate time within 2
legislative days for the consideration of the question of the
privilege. Certain minority Members' repeated and dilatory use of
these questions of privilege to filibuster the legislative process
I believe creates a privilege in itself, and that is why we are
here today with this rule.
The disposal of these near identical notices under rule IX
consumes precious hours as well as requiring an astounding number
of votes. The use of the rule relating to the questions of the
privilege of the House in a frivolous and political manner is
unbecoming, I think, to this institution, and that certainly is
verified by the literally hundreds of phone calls that I have
received because people know that I am chairman of the Committee on
Rules, calls from all over the country, wanting to know why we are
wasting our time with these repeated repetitious requests for
questions of privilege.
Mr. Speaker, for several weeks the majority and the minority
leadership have attempted to reach an accommodation regarding these
dilatory questions of privilege. On October 23, the distinguished
minority leader, who I have great respect for, rose to a question
of privilege on this issue. Instead of simply tabling the matter
with no debate, the House considered the resolution, debated it for
an hour and defeated it, under regular order of this House. The
majority leadership allowed it to be debated out of deference to
the minority leader and voted on it. The House worked its will and
defeated that resolution.
In exchange for allowing this issue to be debated and voted on,
the minority provided the following: October 29, one question of
privilege tabled. October 30, eight questions of privilege tabled.
October 31, 21 questions of privilege noticed. November 4, 7
questions of privilege noticed, and yesterday, November 5, another
13 questions of privilege were noticed, delaying us bringing up
very important matters dealing with the United States-China
relationship by about an hour and a half, another hour and a half
that we were delayed from working the will of this House. . . .
Mr. Speaker, the committee's intention was to empower the very
serious legislators on both sides of the aisle and to marginalize
the partisan obstructions. This has not happened, and that is why I
was forced today to rise with this unfortunate rule today.
I do not like to bring this rule before the House. I said so
last night during the debate exchange in the Committee on Rules.
But, Mr. Speaker, many Members on both sides of the aisle with a
very strong interest in getting legislation considered by the House
before we adjourn have approached me and asked for the Committee on
Rules to intervene and to restore order on this floor, so we can
expedite these very, very serious measures that we have to deal
with before this Sunday. . . .
Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, I rise today
to strongly oppose this tyrannical rule. For the first time in the
218-year history of the House of Representatives, we will be voting
to deprive all but two Members of this body the right to assert
their constitutional prerogatives as Representatives elected by
their constituents. House rule IX gives each and every Member of
this House the right to raise before the whole body questions of
privilege affecting the rights of the House collectively, its
safety, dignity, and the integrity of its proceedings.
The House adopted rule IX in 1880, defining what had been long
established in the practice of the House before then. Thomas
Jefferson begins his Manual on Parliamentary Procedure, which has
governed the House procedures since 1837, with section 1, titled
``The Importance of Adhering to Rules.'' It quotes a former Speaker
of the House of Commons' views on the neglect of, or departure
from, the rules of proceeding.
I quote:

That these forms, as instituted by our ancestors, operated
as a check and control on the actions of the majority, and that
they were, in many instances, a shelter and protection to the
minority against the attempts of power.

Jefferson then continues:

As it is always in the power of the majority, by their numbers,
to stop any improper measures proposed by their opponents, the only
weapons by which the minority can defend themselves against similar
attempts from those in power are the forms and rules of proceeding
which they have adopted as they have found necessary, from time to
time, and are become the law of the House, by a strict adherence to
which the weaker party can only be protected from those
irregularities and abuses, which these forms were intended to
check, which the wantonness of power is but too often apt to
suggest to large and successful majorities.

Mr. Jefferson, the author of the Declaration of Independence,
surely would have opposed the wantonness of power displayed by the
majority in offering this rule. Rule IX is the heart of Members'
individual rights within our rules. It guarantees that each Member
has the right to move to guarantee the integrity of House
proceedings. That right is so central to our idea of representative
government and liberty itself that in all of the 104 Congresses
before today, the House has never voted to suspend this paramount
right. . . .
Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, I move the
previous question on the resolution.
The SPEAKER pro tempore.⁽⁶⁴⁾ The question is on
ordering the previous question.
---------------------------------------------------------------------------
64. Paul Gillmor (OH).
---------------------------------------------------------------------------

The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Ms. SLAUGHTER. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 5 of rule XV the Chair will reduce to a
minimum of 5 minutes the period of time within which a vote by
electronic device, if ordered, will be taken on the question of
agreeing to the resolution.
The vote was taken by electronic device, and there were--yeas
224, nays 198, not voting 11, as follows:

[Roll No. 587] . . .

So the motion to lay on the table the motion to reconsider was
agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mrs. [Jo Ann] Emerson [of Missouri]).
The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.

Recorded Vote

Mr. SLAUGHTER. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes
219, noes 195, not voting 19, as follows:

[Roll No. 589] . . .

Motion to Reconsider the Vote Offered by Mr. Frank of
Massachusetts

Mr. [Barney] FRANK of Massachusetts. Madam Speaker, I move to
reconsider the vote just taken.

Motion to Table Offered by Mr. Solomon

Mr. SOLOMON. Madam Speaker, I move to lay on the table the
motion to reconsider offered by the gentleman from Massachusetts
[Mr. Frank].
The SPEAKER pro tempore (Mrs. Emerson). The question is on the
motion offered by the gentleman from New York [Mr. Solomon] to lay
on the table the motion offered by the gentleman from Massachusetts
[Mr. Frank] to reconsider the vote.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.

Recorded Vote

Mr. FRANK of Massachusetts. Madam Speaker, I demand a recorded
vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
218, noes 201, not voting 14, as follows:

[Roll No. 590] . . .

So the motion to table the motion to reconsider was agreed to.
The result of the vote was announced as above recorded.

Sec. 6.10 In exercising the Speaker's authority to appoint Members to
conference committees, the Speaker may appoint the Majority Leader
for all matters committed to conference rather than (as is usually
the case) for specific provisions only.

On June 3, 2004,⁽⁶⁵⁾ the following appointments were
made by the Speaker (including the appointment of the Majority Leader,
Rep. Tom DeLay of Texas, to all matters committed to conference):
---------------------------------------------------------------------------
65. 150 Cong. Rec. 11415-16, 108th Cong. 2d
Sess. -------------------
---------------------------------------------------------------------------

APPOINTMENT OF CONFEREES ON H.R. 3550, TRANSPORTATION EQUITY
ACT: A LEGACY FOR USERS

The SPEAKER pro tempore.⁽⁶⁶⁾ Without objection, the
Chair appoints the following conferees:
---------------------------------------------------------------------------
66. Doug Ose (CA).
---------------------------------------------------------------------------

From the Committee on Transportation and Infrastructure, for
consideration of the House bill (except title IX) and the Senate
amendment (except title V), and modifications committed to
conference: Messrs. Young of Alaska, Petri, Boehlert, Coble,
Duncan, Mica, Hoekstra, Ehlers, Bacchus, LaTourette, Gary G. Miller
of California, Rehberg, Beauprez, Oberstar, Rahall, Lipinski,
DeFazio, Costello, Ms. Norton, Mr. Nadler, Mr. Menendez, Ms.
Corrine Brown of Florida, Mr. Filner, and Ms. Eddie Bernice Johnson
of Texas.
From the Committee on the Budget, for consideration of sections
8001-8003 of the House bill, and title VI of the Senate amendment,
and modifications committed to conference: Messrs. Nussle, Shays,
and Spratt.
From the Committee on Education and the Workforce, for
consideration of sections 1602 and 3030 of the House bill, and
sections 1306, 3013, 3032, and 4632 of the Senate amendment, and
modifications committed to conference: Mr. Ballenger, Mrs. Biggert,
and Mr. George Miller of California.
From the Committee on Energy and Commerce, for consideration of
provisions of the House bill and Senate amendment relating to Clean
Air Act provisions of transportation planning contained in section
6001 of the House bill, and sections 3005 and 3006 of the Senate
amendment; and sections 1202, 1824, 1828, and 5203 of the House
bill, and sections 1501, 1511, 1522, 1610-1619, 3016, 3023, 4108,
4151, 4152, 4155-4159, 4162, 4172, 4173, 4424, 4481, 4482, 4484,
4662, 8001, and 8002 of the Senate amendment, and modifications
committed to conference: Messrs. Barton of Texas, Pickering and
Dingell.
From the Committee on Government Reform, for consideration of
section 1802 of the Senate amendment, and modifications committed
to conference: Messrs. Tom Davis of Virginia, Schrock, and Waxman.
From the Committee on the Judiciary, for consideration of
sections 1105, 1207, 1602, 1812, 2011, 3023, 4105, 4108, 4201,
4202, 4204, 5209, 5501, 6001, 6002, 7012, 7019-7022, and 7024 of
the House bill, and sections 1512, 1513, 1802, 3006, 3022, 3030,
4104, 4110, 4174, 4226, 4231, 4234, 4265, 4307, 4308, 4315, 4424,
4432, 4440-4442, 4445, 4447, 4462, 4463, 4633, and 4661 of the
Senate amendment, and modifications committed to conference:
Messrs. Sensenbrenner, Smith of Texas, and Conyers.

From the Committee on Resources, for consideration of sections
1117, 3021, 6002, and 6003 of the House bill, and sections 1501,
1502, 1505, 1511, 1514, 1601, 1603, 3041, and 4521 through 4528 of
the Senate amendment, and modifications committed to conference:
Messrs. Pombo, Gibbons and Kind.
From the Committee on Rules, for consideration of sections 8004
and 8005 of the House bill, and modifications committed to
conference: Messrs. Dreier, Sessions and Frost.
From the Committee on, Science, for consideration of sections
2001, 3013, 3015, 3034, 4112, and Title V of the House bill, and
Title II, sections 3014, 3015, 3037, 4102, 4104, 4237, and 4461 of
the Senate amendment, and modifications committed to conference:
Messrs. Gilchrest, Neugebauer and Gordon.
From the Committee on Ways and Means, for consideration of
Title IX of the House bill, and Title V of the Senate amendment,
and modifications committed to conference: Messrs. Thomas, McCrery
and Rangel.
For consideration of the House bill and Senate amendment, and
modifications committed to conference: Mr. DeLay.
There was no objection.

On May 26, 2005,⁽⁶⁷⁾ the Speaker made conferee
appointments on a similar bill in the following Congress, again
appointing the Majority Leader to all matters committed to conference:
---------------------------------------------------------------------------
67. 151 Cong. Rec. 11436, 11459, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENT OF CONFEREES ON H.R. 3, TRANSPORTATION EQUITY ACT:
A LEGACY FOR USERS

Mr. [Donald] YOUNG of Alaska. Mr. Speaker, I ask unanimous
consent to take from the Speaker's table the bill (H.R. 3) to
authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes, with a Senate
amendment thereto, disagree to the Senate amendment, and request a
conference with the Senate thereon.
Is there objection to the request of the gentleman from Alaska?
There was no objection. . .
. -------------------

APPOINTMENT OF CONFEREES ON H.R. 3, TRANSPORTATION EQUITY ACT:
A LEGACY FOR USERS

The SPEAKER pro tempore (Mr. [Randy] Kuhl of New York). Without
objection, the Chair appoints the following conferees:
From the Committee on Transportation and Infrastructure, for
consideration of the House bill (except title X) and the Senate
amendment (except title V), and modifications committed to
conference:
Messrs. Young of Alaska, Petri, Boehlert, Coble, Duncan, Mica,
Hoekstra, LaTourette, Bachus, Baker, Gary G. Miller of California,
Hayes, Simmons, Brown of South Carolina, Graves, Shuster, Boozman,
Oberstar, Rahall, DeFazio, Costello, Ms. Norton, Messrs. Nadler,
Menendez, Ms. Corrine Brown of Florida, Mr. Filner, Ms. Eddie
Bernice Johnson of Texas, Mr. Taylor of Mississippi, Ms. Millender-
McDonald, Mr. Cummings, Mr. Blumenauer, and Mrs. Tauscher.
From the Committee on the Budget, for consideration of sections
8001-8003 of the House bill, and title III of the Senate amendment,
and modifications committed to conference: Messrs. Nussle, Mario
Diaz-Balart of Florida, and Spratt.
From the Committee on Education and the Workforce, for
consideration of sections 1118, 1605, 1809, 3018, and 3030 of the
House bill, and sections 1304, 1819, 6013, 6031, 6038, and 7603 of
the Senate amendment, and modifications committed to conference:
Messrs. Kline, Keller, and Barrow.
From the Committee on Energy and Commerce, for consideration of
provisions in the House bill and Senate amendment relating to Clean
Air Act provisions of transportation planning contained in sections
6001 and 6006 of the House bill; and sections 6005 and 6006 of the
Senate amendment; and sections 1210, 1824, 1833, 5203, and 6008 of
the House bill; and sections 1501, 1511, 1522, 1610-1619, 1622,
4001, 4002, 6016, 6023, 7218, 7223, 7251, 7252, 7256-7262, 7324,
7381, 7382, and 7384 of the Senate amendment, and modifications
committed to conference: Messrs. Barton of Texas, Pickering, and
Dingell.
From the Committee on Government Reform, for consideration of
section 4205 of the House bill, and section 2101 of the Senate
amendment, and modifications committed to conference: Messrs. Tom
Davis of Virginia, Platts, and Waxman.
From the Committee on Homeland Security, for consideration of
sections 1834, 6027, 7324, and 7325 of the Senate amendment, and
modifications committed to conference: Messrs. Cox, Daniel E.
Lungren of California, and Thompson of Mississippi.
From the Committee on the Judiciary, for consideration of
sections 1211, 1605, 1812, 1832, 2013, 2017, 4105, 4201, 4202,
4214, 7018-7020, and 7023 of the House bill, and sections 1410,
1512, 1513, 6006, 6029, 7108, 7113, 7115, 7338, 7340, 7343, 7345,
7362, 7363, 7406, 7407, and 7413 of the Senate amendment, and
modifications committed to conference: Messrs. Sensenbrenner, Smith
of Texas, and Conyers.
From the Committee on Resources, for consideration of sections
1119, 3021, 6002, and 6003 of the House bill, and sections 1501,
1502, 1505, 1511, 1514, 1601, 1603, 6040, and 7501-7518 of the
Senate amendment, and modifications committed to conference:
Messrs. Pombo, Walden of Oregon, and Kind.
From the Committee on Rules, for consideration of sections 8004
and 8005 of the House bill, and modifications committed to
conference: Mr. Dreier, Mrs. Capito, and Mr. McGovern.
From the Committee on Science, for consideration of sections
2010, 3013, 3015, 3034, 3039, 3041, 4112, and title V of the House
bill, and title II and sections 6014, 6015, 6036, 7118, 7212, 7214,
7361, and 7370 of the Senate amendment, and modifications committed
to conference: Messrs. Ehlers, Reichert, and Gordon.
From the Committee on Ways and Means, for consideration of
title X of the House bill, and title V of the Senate amendment, and
modifications committed to conference: Messrs. Thomas, McCrery, and
Rangel.
For consideration of the House bill and Senate amendment, and
modifications committed to conference: Mr. DeLay.
There was no objection.

Sec. 6.11 Where there has been an absence of recommendations from the
Minority Leader, the Speaker has appointed only majority party
Members to a conference committee.⁽⁶⁸⁾
---------------------------------------------------------------------------
68. Parliamentarian's Note: While the Speaker is not required to
consult with the Minority Leader on conferee appointments, such
consultation generally does occur. Here, the Speaker made
majority party appointments prior to receiving the
recommendations of the Minority Leader. For the Speaker's
appointment of minority party Members to this conference
committee, see 157 Cong. Rec. 21485, 112th Cong. 1st Sess.
(Dec. 23, 2011).
---------------------------------------------------------------------------

On December 20, 2011,⁽⁶⁹⁾ the following occurred:
---------------------------------------------------------------------------
69. 157 Cong. Rec. 21438-39, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENT OF CONFEREES ON H.R. 3630, MIDDLE CLASS TAX RELIEF
AND JOB CREATION ACT OF 2011

The SPEAKER.⁽⁷⁰⁾ The Clerk will read the Chair's
appointment of conferees. Additional conferees may be appointed on
the recommendation of the minority leader.
---------------------------------------------------------------------------
70. John Boehner (OH).
---------------------------------------------------------------------------

The Clerk read as follows:
The Chair appoints the following managers on the part of the
House for consideration of H.R. 3630 and the Senate amendments, and
modifications committed to conference: Messrs. Camp, Upton, Brady
of Texas, Walden, Price of Georgia, Reed, Mrs. Ellmers, and Ms.
Hayworth.

Sec. 6.12 By unanimous consent, the House authorized the Speaker to
resolve the House into a secret session and set the parameters for
that secret session (including a division of debate time between
the Majority Leader and the Minority Whip).

On March 13, 2008,⁽⁷¹⁾ the following occurred:
---------------------------------------------------------------------------
71. 154 Cong. Rec. 4145, 4154, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

PERMISSION TO RESOLVE INTO SECRET SESSION

Mr. [Steny] HOYER [of Maryland]. Madam Speaker, at the request
of, and after discussion with, the distinguished Republican whip, I
ask unanimous consent that at a time designated by the Speaker on
the legislative day of March 13, 2008, the House resolve itself
into secret session as though pursuant to clause 8 of rule XVII;
secondly, debate in such secret session proceed without intervening
motion for 1 hour equally divided and controlled by the majority
leader and the minority whip; and, thirdly, at the conclusion of
that debate, the secret session shall be dissolved.
The SPEAKER pro tempore.⁽⁷²⁾ Is there objection to
the request of the gentleman from Maryland?
---------------------------------------------------------------------------
72. Ellen Tauscher (CA).
---------------------------------------------------------------------------

Mr. [Roy] BLUNT [of Missouri]. Reserving the right to object,
Madam Speaker, I believe I heard the leader say clause 8.
Did you mean clause 9?
Mr. HOYER. Clause 9. Excuse me.
Mr. BLUNT. Clause 9. And this secret session would be convened
at some time by the Speaker today when the room has been secured
and would dissolve at the end of an hour of discussion? Is that
what I understand?
Mr. HOYER. That's what the consent agreement is, pursuant to
our discussions.
Mr. BLUNT. I withdraw my reservation, Madam Speaker . . .
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Maryland?
There was no
objection. -------------------

Sec. 6.13 Pursuant to a separate order contained in the resolution
adopting the standing rules for the 112th Congress, the first ten
bill numbers were reserved for the Speaker and the second ten bill
numbers were reserved for the Minority Leader.

On January 5, 2011,⁽⁷³⁾ the House adopted a resolution
establishing the standing rules for the 112th Congress with the
following separate order:
---------------------------------------------------------------------------
73. 157 Cong. Rec. 80, 82, 83, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

RULES OF THE HOUSE

Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and
ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of the One
Hundred Eleventh Congress, including applicable provisions of law or
concurrent resolution that constituted rules of the House at the end of the
One Hundred Eleventh Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Twelfth Congress, with amendments to the
standing rules as provided in section 2, and with other orders as provided
in sections 3, 4, and 5.

SEC. 2. CHANGES TO THE STANDING RULES . . .

SEC. 3. SEPARATE ORDERS . . .

(m) Numbering of Bills.--In the One Hundred Twelfth Congress, the first
10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved for
assignment by the Speaker and the second 10 numbers for bills (H.R. 11
through H.R. 20) shall be reserved for assignment by the Minority Leader .
. .

Sec. 6.14 The House adopted a special order of business resolution
providing for the disposition of amendments between the Houses on a
continuing resolution, and further providing that the offering of
any privileged motions under clause 4 of rule XXII⁽⁷⁴⁾
related to a specific measure be restricted to the Majority Leader
or a designee thereof.
---------------------------------------------------------------------------
74. House Rules and Manual Sec. 1075 (2017).
---------------------------------------------------------------------------

On September 30, 2013,⁽⁷⁵⁾ the following resolution was
adopted:
---------------------------------------------------------------------------
75. 159 Cong. Rec. H6031, H6033 [Daily Ed.] 113th Cong. 1st Sess. For
another special order of business resolution with the same
restriction, see 160 Cong. Rec. H7133-34 [Daily Ed.], 113th
Cong. 2d Sess. (July 31, 2014). For an instance in which the
Majority Leader managed general debate on a bill in the
Committee of the Whole pursuant to a special order of business,
see 161 Cong. Rec. H3511 [Daily Ed.], 114th Cong. 1st Sess.
(May 21, 2015).
---------------------------------------------------------------------------

REPORT ON RESOLUTION RELATING TO CONSIDERATION OF H.J. RES. 59,
CONTINUING APPROPRIATIONS RESOLUTION, 2014

Mr. [Pete] SESSIONS [of California], from the Committee on
Rules, submitted a privileged report (Rept. No. 113-240) on the
resolution (H. Res. 368) relating to consideration of the joint
resolution (H.J. Res. 59) making continuing appropriations for
fiscal year 2014, and for other purposes, which was referred to the
House Calendar and ordered to be
printed. -------------------

RELATING TO CONSIDERATION OF H.J. RES. 59, CONTINUING
APPROPRIATIONS RESOLUTION, 2014

Mr. SESSIONS. Mr. Speaker, by direction of the Committee on
Rules, I call up House Resolution 368 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 368

Resolved, That the House hereby (1) takes from the Speaker's table the
joint resolution (H.J. Res. 59) making continuing appropriations for fiscal
year 2014, and for other purposes, with the House amendment to the Senate
amendment thereto, (2) insists on its amendment, and (3) requests a
conference with the Senate thereon.

Sec. 2. Any motion pursuant to clause 4 of rule XXII relating to House
Joint Resolution 59 may be offered only by the Majority Leader or his
designee.

The SPEAKER pro tempore.⁽⁷⁶⁾ The gentleman from
Texas is recognized for 1 hour. . . .
---------------------------------------------------------------------------
76. Ted Poe (TX).
---------------------------------------------------------------------------

Mr. SESSIONS. Mr. Speaker, House Resolution 368 directs the
House of Representatives to go to conference with the Senate to
resolve differences between the two Chambers on how to
appropriately fund the Federal Government. Like any other time the
House goes to a conference, Mr. Speaker, the minority will have an
opportunity to instruct conferees and have their ideas heard. . . .
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
15-minute vote on adoption of the resolution will be followed by a
5-minute vote on approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas
228, nays 199, not voting 4, as follows:

[Roll No. 505] . . .

So the resolution was agreed to.
The result of the vote was announced as above recorded. . .
. -------------------

The Motion to Recommit

Sec. 6.15 Where no minority member of the reporting committee opposed
to the bill sought recognition to offer a motion to recommit a
conference report, the Speaker recognized the Minority
Whip.⁽⁷⁷⁾
---------------------------------------------------------------------------
77. Parliamentarian's Note: Under well-established precedents, the
Chair will look first to the Minority Leader to offer a motion
to recommit, and then to minority members of the reporting
committee who are opposed to the measure. In this instance, in
the absence of the Minority Leader, the Minority Whip was
recognized_not because of his status as part of the minority
party leadership but simply because no minority member of the
reporting committee sought recognition. House Rules and Manual
Sec. 788 (2017).
---------------------------------------------------------------------------

On May 28, 1992,⁽⁷⁸⁾ the following occurred:
---------------------------------------------------------------------------
78. 138 Cong. Rec. 12846-47, 102d Cong. 2d Sess.
---------------------------------------------------------------------------

Motion to Recommit Offered by Mr. Gingrich

Mr. [Newt] GINGRICH [of Georgia]. Madam Speaker, I offer a
motion to recommit.
The SPEAKER pro tempore.⁽⁷⁹⁾ Is the gentleman
opposed to the conference report?
---------------------------------------------------------------------------
79. Jolene Unsoeld (WA).
---------------------------------------------------------------------------

Mr. GINGRICH. I am opposed, Madam Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Gingrich moves to recommit the conference report to
accompany the bill, S. 1306, to the committee of conference on the
disagreeing votes of the two Houses on the amendments of the House
to the bill with instructions to the managers on the part of the
House to agree to section 205(f) of the Senate bill (relating to a
prohibition against using funds to provide individuals with
hypodermic needles or syringes so that such individuals may use
illegal drugs).

The Legislative Schedule

Sec. 6.16 The Majority Whip announced to the House a projected recess
schedule for the first session of the Congress, agreed upon by the
majority and minority leaderships.

On January 11, 1973,⁽⁸⁰⁾ the following schedule for
House business was announced by the Majority Whip:
---------------------------------------------------------------------------
80. 119 Cong. Rec. 845, 93d Cong. 1st Sess. For another example of the
Majority Leader inserting into the Congressional Record the
legislative schedule, see 125 Cong. Rec. 412, 96th Cong. 1st
Sess. (Jan. 18, 1979).
---------------------------------------------------------------------------

HOUSE OF REPRESENTATIVES HOLIDAY RECESS SCHEDULE_1973

Mr. [John] McFALL [of California]. Mr. Speaker, the following
is the holiday recess schedule for 1973:
Lincoln's Birthday, Monday, February 12: From conclusion of
business on Friday, February 9 until noon, Monday, February 19.
Washington's Birthday, Monday, February 19: Reading of the
Farewell Address only.
Easter, Sunday, April 22: From conclusion of business on
Thursday, April 19 until noon, Monday, April 30.
Memorial Day, Monday, May 28: From conclusion of business
Thursday, May 24 until noon, Tuesday, May 29.
Fourth of July, Wednesday, July 4: From conclusion of business
Friday, June 29 until noon, Thursday, July 5.
August recess, from conclusion of business Friday, August 3
until noon Wednesday, September 5.
The House will be in session the first and third Fridays of
every month if legislation is available prior to the August recess.
The House will be in session every Friday after Labor Day.
Further recesses will be announced after Labor Day.

The Schedule Colloquy

Sec. 6.17 Although the colloquy on the legislative program is
traditionally transacted by recognizing the Minority Leader or
Minority Whip (who then yields to the Majority Leader to answer
inquiries regarding the schedule), such colloquy may be conducted
by recognizing the Majority Leader instead.

On December 17, 1998,⁽⁸¹⁾ the following occurred:
---------------------------------------------------------------------------
81. 144 Cong. Rec. 27797-98, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

LEGISLATIVE PROGRAM

(Mr. ARMEY asked and was given permission to address the House
for 1 minute.)
Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, we will continue
to work on this whole subject of the schedule for the remainder of
the day and ensuing. I know Members on both sides of the aisle are
very anxious about this schedule, and let me just suggest that we
will need to perhaps put the House into recess for an hour.
We will continue with our meeting and our negotiations with the
minority, and hopefully within the hour we can return with an
announcement of what the schedule will be for the remainder of this
day, this week, and that time ensuing.
Mr. Speaker, I should encourage Members to stay close to their
offices. We would like to, on behalf of all the Members, be able to
give you definitive word within that hour time period, and at that
point, of course, each and every Member can follow up as they and
their family's needs dictate.
If I may ask the indulgence of the Chamber, that we take that
recess, come back within the hour, and make that announcement.
Mr. [David] BONIOR [of Michigan]. Mr. Speaker, will the
gentleman yield?
Mr. ARMEY. I yield to the gentleman from Michigan.
Mr. BONIOR. Mr. Speaker, I would say to the gentleman from
Texas, the majority leader, let me just state from the perspective
of many on this side of the aisle, and I assume some even on the
gentleman's side of the aisle, that we would look down upon any
activity in this body to go forward with impeachment while American
men and women are engaged in armed conflict.
I hope in your deliberations, I hope in your deliberations,
that you consider the message that that will send to people around
the world, and more particularly, those who are fighting on behalf
of this country.
Mr. ARMEY. I thank the gentleman from Michigan for his advice.

Tradition Regarding Debate Time

Sec. 6.18 In response to a parliamentary inquiry, the Chair advised
that the Minority Leader (who had been yielded only three minutes)
was allowed to speak for an extended time, in consonance with the
tradition of the House to allow the highest-ranking leaders of each
party such latitude in important debates.

On December 18, 1998,⁽⁸²⁾ the following occurred:
---------------------------------------------------------------------------
82. 144 Cong. Rec. 27831, 27834, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [John] CONYERS [of Michigan]. Mr. Speaker, it is our plan
to recognize our leadership, and then our members of the Committee
on the Judiciary, and then the rest of our distinguished membership
on this side.
Mr. Speaker, I am pleased to yield three minutes to the
distinguished gentleman from Missouri (Mr. Gephardt), our minority
leader.
(Mr. GEPHARDT asked and was given permission to revise and
extend his remarks.)
Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, this vote
today is taking place on the wrong day, and we are doing it in the
wrong way. I am disappointed and I am saddened by the actions of
the majority, in both the timing and in the method that we are
considering the most important act that the Constitution asks us to
perform. The actions of the majority, in my view, show a lack of
common sense and decency, and is not befitting of our beloved
House. . . .
Let me talk about the way we are doing this and how that can be
that first step. We have articles of impeachment on the floor of
this House. This is the most radical act that is called for in our
Constitution.
In this debate, we are being denied a vote as an alternative to
impeachment for censure and condemnation of our President for the
wrongful acts that we believe have been performed.
We all say that this is a vote of conscience. You get to vote
your vote of conscience, and I respect that right. All we are
asking for is that we get to vote our conscience. And it is not
just our conscience, it is the conscience of millions of Americans
who share this view.
I know what you say. You say that the Constitution does not
allow this vote of censure. Constitutional scholars in the
hundreds, some of the most respected, conservative constitutional
scholars have opined in the days before, in the committee and
through articles and through speeches, that, in their view, the
Constitution does allow this vote; that the Constitution is silent
on this question of what else we can do; that the Constitution in
no way prevents us from doing this.
What do I conclude? I can only conclude that you do not want
our Members to have this choice. I can only conclude that some are
afraid of this vote. I can only conclude that this may be about
winning a vote, not about high-minded ideals. . . .

Parliamentary Inquiry

Mr. [Frank] SENSENBRENNER [of Wisconsin]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [Ray] LaHood [of Illinois]). The
gentleman will state his parliamentary inquiry.
Mr. SENSENBRENNER. How much time was charged to the gentleman
from Michigan (Mr. Conyers) for the speech of the gentleman from
Missouri (Mr. Gephardt)?
The SPEAKER pro tempore. The Chair will say this, because other
Members have inquired about this. The Chair has in the past had a
standing policy during important debates to allow for the highest-
ranking party-elected Members of the House, the Speaker, the
majority leader, the minority leader, and the minority whip,
additional time during the time they are making important
statements.
The answer to the gentleman's question is that while the
gentleman from Missouri (Mr. Gephardt) took 12 minutes to make his
remarks, the Chair extended the time to him as a courtesy, as has
traditionally been done on both sides of the aisle.

Sec. 6.19 In response to a parliamentary inquiry, the Chair advised
that the Majority Leader (who had been recognized for one minute)
was allowed to speak for an extended time, in consonance with the
tradition of the House to allow the highest-ranking leaders of each
party such latitude in debate.

On May 18, 2004,⁽⁸³⁾ the following occurred:
---------------------------------------------------------------------------
83. 150 Cong. Rec. 9944, 9945, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

TAXATION'S EVIL TWIN

(Mr. DeLAY asked and was given permission to address the House
for 1 minute.)
Mr. DeLAY. . . . -------------------

PARLIAMENTARY INQUIRY

Mr. [James] McDERMOTT [of Washington]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore.⁽⁸⁴⁾ The gentleman will
state it.
---------------------------------------------------------------------------
84. Rob Bishop (UT).
---------------------------------------------------------------------------

Mr. McDERMOTT. Are we in the 1-minute section of the calendar?
The SPEAKER pro tempore. The Chair is recognizing Members for
1-minute speeches.
Mr. McDERMOTT. And the Chair is keeping time?
The SPEAKER pro tempore. The Chair accords traditional
treatment to the party leaders.

Sec. 6.20 In response to a parliamentary inquiry regarding the
tradition of the House to allow the Speaker and the party floor
leaders to address the House at their full length, the Chair
declined to place a hypothetical limit on such ``unclocked'' time,
and declined to announce how much actual time had been consumed
during such recognition.

On June 26, 2009,⁽⁸⁵⁾ the following occurred:
---------------------------------------------------------------------------
85. 155 Cong. Rec. 16732, 16734, 16738, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Michael] FORBES [of New York]. Madam Speaker, I yield the
balance of my time to the distinguished minority leader, the
gentleman from Ohio (Mr. Boehner).
The SPEAKER pro tempore.⁽⁸⁶⁾ The gentleman from Ohio
is recognized for 2 minutes.
---------------------------------------------------------------------------
86. Ellen Tauscher (CA).
---------------------------------------------------------------------------

Mr. [John] BOEHNER [of Ohio]. Let me thank my colleague for
yielding. . . .

Parliamentary Inquiries

Mr. [Henry] WAXMAN [of California]. Madam Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will suspend.
Does the gentleman yield for a parliamentary inquiry?
Mr. BOEHNER. I would be happy to yield to the gentleman.
Mr. WAXMAN. The Republican leader was yielded the balance of
the time, which I think amounted to around 4 or 5 minutes. He has
talked for around 20. I know we have this ``magic'' minute that
gives leaders a lot of extra time to speak, but I'm just wondering
if there is some limit under the rules on the time that a leader
may take, even though the time yielded was not 20 or 30 minutes.
The SPEAKER pro tempore. It is the custom of the House to hear
the leaders' remarks.
Mr. WAXMAN. Further parliamentary inquiry.
The SPEAKER pro tempore. Does the gentleman yield for a
parliamentary inquiry?
Mr. BOEHNER. I will be happy to yield to the gentleman.
Mr. WAXMAN. I know it is the custom of the House to give a
little extra latitude. Is there any outside limit to the amount of
time a leader might take? And do we have historical records that
might be broken tonight? Or is this an attempt to try to get some
people to leave on a close vote?
The SPEAKER pro tempore. It is the custom of the House to hear
to the leaders' remarks.
Mr. BOEHNER. Reclaiming my time, the gentleman has had his 30
years to put this bill together, and the House is going to spend a
whopping 5 hours debating the most profound piece of legislation to
come to this floor in 100 years. And the chairman has the audacity
to drop a 300-plus-page amendment in the hopper at 3:09 a.m. this
morning. And so I would ask my colleagues, don't you think the
American people expect us to understand what is in this bill before
we vote on it? . . .
Mr. WAXMAN. Madam Speaker, the minority leader was yielded 2\1/
2\ minutes. Could you tell us how much time he consumed?
The SPEAKER pro tempore. The gentleman used a customary amount
of time.

Sec. 6.21 In response to a parliamentary inquiry, the Chair advised
that: (1) allowing the highest-ranking party leaders such time as
they might consume with their remarks in debate is a long custom
and not a positive rule; (2) the time thus consumed is unrelated to
the nominal time yielded; and (3) the nominal time yielded is the
amount deducted from the time of the yielding Member.

On June 24, 2010,⁽⁸⁷⁾ the following occurred:
---------------------------------------------------------------------------
87. 156 Cong. Rec. 11703, 11704, 111th Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [William] PASCRELL [of New Jersey]. Mr. Speaker, I yield 10
seconds to the majority leader, Mr. Hoyer.
Mr. [Steny] HOYER [of Maryland]. I thank my friend for
yielding, and I rise in strong support of this piece of
legislation. . . .

Parliamentary Inquiries

Mr. DANIEL E. LUNGREN of California. Parliamentary inquiry, Mr.
Chairman.
The Acting CHAIR.⁽⁸⁸⁾ The gentleman from California
will state his parliamentary inquiry.
---------------------------------------------------------------------------
88. Jose Serrano (NY).
---------------------------------------------------------------------------

Mr. DANIEL E. LUNGREN of California. Mr. Chairman, in the years
I've been here in the House, I know there is allowed under the
rules a tradition that the leaders of either the majority or
minority or the Speaker is granted 1 minute speaking time by their
side, taken out of their time, and yet, shall we say, a judicious
minute is allowed.
It was my understanding that under the rules and, as
interpreted, the tradition that has developed, that it was
predicated on a dedication of 1 minute out of the time of the side.
And yet, as I understand it, the request has been made for just 10
seconds. My parliamentary inquiry is, is that allowed under the
rules? And if it is, when did the rules change?
The Acting CHAIR. The Chair will advise that it is a matter of
custom, not rules.
Mr. DANIEL E. LUNGREN of California. Well, then I would ask, if
it's a matter of custom, when did the custom change from 1 minute
to 10 seconds?
The Acting CHAIR. The Chair is honoring the custom of the
various leaders speaking longer than the time allocated, and that
is what happened today.
Mr. DANIEL E. LUNGREN of California. I understand that. My
question is the time that's taken out of the side. I granted 1
minute to the Republican leader earlier in the debate because I was
told that that is both under the rules allowed and that is the
tradition.
I know I've only been a Member of this House now for 16 years,
but I have never seen this in my time, and I am just wondering
whether this is the new rule or the new tradition.
And further parliamentary inquiry, whether I would have been
recognized to grant 10 seconds to the distinguished leader of the
Republican side and therefore had only 10 seconds taken out of my
time.
The Acting CHAIR. The Chair will advise the gentleman that the
nominal time granted is unrelated to the time that the leaders
might speak, and here the leader spoke for the longer time that he
wished to speak.
Mr. DANIEL E. LUNGREN of California. I appreciate that. I think
the Chair misunderstands my inquiry. My inquiry isn't about the
amount of time graciously granted to either leader or the Speaker,
but rather the time subtracted from that that appears in the rule
given to the side granting the time to the leader.
The Acting CHAIR. The nominal amount that a Member chooses to
yield to the leader to speak for the time that he or she wishes is
not a matter of regulation.
Mr. DANIEL E. LUNGREN of California. Is that amount of time
deducted from the side which grants the speaker the time?
The Acting CHAIR. Yes, the nominal amount of time is deducted.
Mr. DANIEL E. LUNGREN of California. So if I would say 5
seconds, it would be 5 seconds rather than if I had said 1 minute;
is that correct?
The Acting CHAIR. The gentleman is correct. That is a matter of
technique or choice.
Mr. DANIEL E. LUNGREN of California. I see. I shall be much
more judicious in my grant of time in the future now that I have
had this information conveyed. Thank you.

Consultation with Floor Leaders

Sec. 6.22 The Speaker's announced policy of conferring recognition upon
Members to call up measures by unanimous consent, when assured that
the majority and minority floor and committee leadership has no
objection, was interpreted to extend only to the Minority Leader
and not to the entire hierarchy of minority floor leadership (in
this case the Minority Whip) when the Minority Leader had been
consulted.

On April 25, 1985,⁽⁸⁹⁾ the following occurred:
---------------------------------------------------------------------------
89. 131 Cong. Rec. 9415, 99th Cong. 1st Sess.
---------------------------------------------------------------------------

REQUEST FOR CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 130,
EXPRESSING SENSE OF CONGRESS WITH RESPECT TO PRESIDENT'S VISIT
TO FEDERAL REPUBLIC OF GERMANY

Mr. [Dante] FASCELL [of Florida]. Mr. Speaker, I ask unanimous
consent for the immediate consideration in the House of a con-
current resolution (H. Con. Res. 130) expressing the sense of the
Congress with respect to the President's visit to the Federal
Republic of Germany in May 1985, which I send to the desk.
If consent is granted, I would yield 15 minutes to the
gentleman from Michigan [Mr. Broomfield] and reserve 15 minutes to
myself.
The SPEAKER pro tempore.⁽⁹⁰⁾ The Clerk will report
the title of the concurrent resolution.
---------------------------------------------------------------------------
90. Tommy Robinson (AR).
---------------------------------------------------------------------------

The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Florida?
Mr. [Trent] LOTT [of Mississippi]. Reserving the right to
object, Mr. Speaker, I understood that the policy that had been
announced by the Speaker was that the House was directed that it
was not in order to bring up legislation by unanimous consent
unless that request had been cleared with the leadership on both
sides, to wit: it also says that should include the majority and
minority floor leadership, and committee and subcommittee chairmen
and ranking minority members.
I was not notified. I am under the impression the gentleman
from Texas, the majority floor leader, was not notified, and,
therefore, I presume that the Speaker, the Chair, in this case,
would not recognize this unanimous consent request.
The SPEAKER pro tempore. Would the gentleman from Florida
advise the Chair what clearance he has?
Mr. FASCELL. If the gentleman would yield__
Mr. LOTT. Further reserving the right to object, I will be glad
to yield.
Mr. FASCELL. The matter was cleared on our side.
Mr. LOTT. Was it cleared with the majority leader on your side,
the majority floor leader?
Mr. FASCELL. And it was cleared on your side, with your leader,
and ranking member of the full committee. Well, I am not sure who
the leader is over there. And also with the chairman of the
subcommittee.
Mr. LOTT. Further reserving the right to object, now, Mr.
Chairman, let's don't start that kind of stuff.
Mr. FASCELL. I am trying to give the gentleman, as I gave my
colleagues on the committee and the leadership on the minority
side, absolute assurance, because the Speaker would not take this
matter up until I had given him that assurance. I got that
assurance on your side. After getting that done, you came on the
floor and objected. I respect your position, and I assume you are
part of the leadership and you have a right to object if you want
to. But do not question my integrity when I say it was cleared.
Mr. LOTT. Mr. Speaker, further reserving the right to object, I
am going to respond to that. Further reserving the right to object,
it says, on page 476, House Rules and Manual:
The Chair has established a policy of conferring recognition of
all Members to permit consideration of bills and resolutions by
unanimous consent only when assured that the majority and minority
floor leadership * * *.
I am under the impression that the majority leader was not
notified.
Is the Chair prepared to rule on whether or not this is going
to be recognized for a unanimous-consent request, based on that?
Mr. FASCELL. Regular order, Mr. Speaker.
It seems to me that the gentleman is on his feet either to
object or not object, and I wish he would go on and do something.
Mr. LOTT. Mr. Speaker, as I understand it, it is not in order,
based on this rule, that I understand is in place, and I am
inquiring if the Chair is going to rule that way itself. It would
not be necessary for anybody else to object.
The SPEAKER pro tempore. The Chair feels there is sufficient
assurance of clearance.
Is there objection to the request of the gentleman from
Florida?
Mr. LOTT. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.

Sec. 6.23 In response to a parliamentary inquiry, the Chair explained
the announced policy of the Speaker to confer recognition on
Members seeking unanimous consent to call up measures only when
assured that the floor and committee leadership have no objection.

On September 9, 1988,⁽⁹¹⁾ parliamentary inquiries were
made regarding recognition to offer unanimous-consent requests for the
consideration of legislation:
---------------------------------------------------------------------------
91. 134 Cong. Rec. 23312, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [Jerry] LEWIS of California. Mr. Speaker, it was my
intention, when all the Members were present in the body and the
Speaker was before us, to make an inquiry of the Speaker and
request that he ask unanimous consent to change the rules of the
House to make it standard operating procedure that we have the
Pledge of Allegiance following the prayer before each session. The
Speaker at the time of applause left the Chamber, so that is not
feasible.
It is my understanding, Mr. Speaker, that in order to discharge
a bill before the Rules Committee--and there is such a bill, H.
Res. 501, introduced by the gentleman from New York [Mr. Solomon],
which is in print--in order to discharge that bill so it could come
to the floor where we could debate it here and have a vote yes or
no on the Pledge of Allegiance question, I would have to have
previously gotten the approval of the majority leader and the
majority whip on that, as well as the approval of the minority
leader and the minority whip.
Would the Chair clarify precisely for me what kind of exercise
I must go through to get that approval?
The SPEAKER pro tempore.⁽⁹²⁾ In answer to the
gentleman's inquiry, the Chair would state that the Speaker's
announcement is in accordance with the rules of the House, and that
that procedure will be followed next Tuesday.
---------------------------------------------------------------------------
92. Kenneth Gray (IL).
---------------------------------------------------------------------------

The Chair will further state to the gentleman from California,
that to make any unanimous-consent request now would require the
approval of both sides, to bring up the resolution to which he
alluded.
Mr. LEWIS of California. Mr. Speaker, would the Chair clarify
this for me?
The SPEAKER pro tempore. Is the gentleman propounding a
parliamentary inquiry?
Mr. LEWIS of California. Yes, Mr. Speaker, a further
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.

parliamentary inquiries

Mr. LEWIS of California. Mr. Speaker, is the Speaker's ruling
essentially this, that I would have to get the approval of the
majority leader and the majority whip--I already have the approval
of the minority leader the minority whip--in order to seek
recognition for that purpose? Is that correct?
The SPEAKER pro tempore. The Chair would state that the
Speaker's announced guidelines on making a unanimous-consent
request to consider an unreported measure, regardless of what
committee is involved, require that it be cleared on both sides of
the aisle, floor and committee leadership, including the chairman.
In this case it would be the chairman of the Rules Committee. That
is why the Chair was stating to the gentleman, in response to his
inquiry, that all of the Speaker's guidelines must be followed by
contacting both the minority leader and the majority leader and the
chairman and ranking minority member of the Rules Committee. The
Chair could then recognize a Member for that purpose once it had
been cleared.
Mr. LEWIS of California. Mr. Speaker, I appreciate the latter
comment. The Chair has indicated that once I have gotten the
permission essentially or had gotten the approval of the Speaker,
the chairman of the Rules Committee, the majority leader, and the
majority whip to request withdrawal of House Resolution 501, which
would bring this issue of a Pledge of Allegiance to us, then
unanimous consent could be requested for that item to come to the
floor and to be debated and voted upon?
The SPEAKER pro tempore. The gentleman has stated the situation
accurately. It would be handled in the ordinary fashion that we
handle resolutions here on the floor that have been cleared on both
sides with the floor leadership and the leadership of the
committee. The gentleman states it correctly.
Mr. LEWIS of California. Mr. Speaker, I might mention to the
Members of the House that the Speaker has helped us a lot by, first
of all, indicating that he was going to call upon a Member to lead
the Pledge of Allegiance on the first legislative day of next week,
and then upon myself for the second legislative day. I presume that
means Tuesday and Wednesday of next week.
Beyond that point, let is be said that it is my intention to
seek their approval for a request to withdraw House Resolution 501
from the Rules Committee so that we can bring this issue to the
floor and have a full-scale debate on the question of a Pledge of
Allegiance and a vote up or down on the measure.
The SPEAKER pro tempore. The gentleman knows that this body has
that right.

Sec. 7. Party Whips

Each party organization in the House elects an official known as
the ``whip''_the Majority Whip (for the majority party) and the
Minority Whip (for the minority party). Like the floor leaders, these
officials are not officers of the House but are party officials
responsible to their respective caucuses. Thus, the whips are not
elected by the House, but their election (by their party organizations)
is customarily announced to the membership on the floor.⁽¹⁾
A vacancy in the office of whip is filled by the respective caucus and
the selection typically announced to the House.⁽²⁾ The whip
organization of each caucus may employ subsidiary officials such as
deputy whips, assistant whips, floor whips, or regional
whips.⁽³⁾
---------------------------------------------------------------------------
1. See, e.g., 163 Cong. Rec. H6 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017). See also Deschler's Precedents Ch. 3
Sec. Sec. 3.7, 6.6, 23.1, and 23.3.
2. See Sec. Sec. 7.3, 7.4, infra.
3. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
11. See Sec. 7.2, infra. See also Deschler's Precedents Ch. 3
Sec. Sec. 23.2, 23.4.
---------------------------------------------------------------------------

The primary function of a whip operation is to gauge the attitudes
of members of the party caucus and attempt to unify the party behind
legislative measures. The whips are thus conduits between the rank-and-
file members of the caucus and the caucus's leadership_informing
leadership as to the sentiments of the caucus as a whole, and conveying
leadership strategies and goals to caucus members. Much of the whip's
operation thus involves communicating information and ideas within the
caucus and keeping members of the caucus abreast of the legislative
schedule and other developments in the House. As party leaders, the
whips may also take on special responsibilities on the floor of the
House (such as offering certain resolutions or motions, or making
announcements),⁽⁴⁾ or serve as Speaker pro
tempore.⁽⁵⁾ The whips are frequently included in ceremonial
delegations.⁽⁶⁾
---------------------------------------------------------------------------
4. See Deschler's Precedents Ch. 3 Sec. Sec. 24.3, 24.4.
5. See Deschler's Precedents Ch. 3 Sec. 23.5.
6. See Sec. 3, supra. See also Deschler's Precedents Ch. 3 Sec. 24.2.
---------------------------------------------------------------------------

Sec. 7.1 The party selections of the Majority and Minority Leaders and
Whips (and one other minority position) were announced to the House
by the chairs of the respective party caucuses.

On January 3, 2013,⁽⁷⁾ the following announcements were
made:
---------------------------------------------------------------------------
7. 159 Cong. Rec. H5-H6, 113th Cong. 1st Sess.
---------------------------------------------------------------------------

MAJORITY LEADER

Mrs. [Cathy] McMORRIS RODGERS [of Washington]. Mr. Speaker, as
chair of the Republican Conference, I am directed by that
conference to notify the House officially that the Republican
Members have selected as majority leader the gentleman from
California, the Honorable Kevin
McCarthy. -------------------

MINORITY LEADER

Mr. [Xavier] BECERRA [of California]. Mr. Speaker, as chairman
of the Democratic Caucus, I have been directed to report to the
House that the Democratic Members have selected as minority leader
the gentlewoman from California, the Honorable Nancy
Pelosi. -------------------

MAJORITY WHIP

Mrs. McMORRIS RODGERS. Mr. Speaker, as chair of the Republican
Conference, I am directed by that conference to notify the House
officially that the Republican Members have selected as majority
whip the gentleman from Louisiana, the Honorable Steve
Scalise. -------------------

MINORITY WHIP AND ASSISTANT DEMOCRATIC LEADER

Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus,
I have been directed to report to the House that the Democratic
Members have selected as minority whip the gentleman from Maryland,
the Honorable Steny Hoyer, and as assistant Democratic leader, the
gentleman from South Carolina, the Honorable James Clyburn.

Sec. 7.2 The Majority Leader announced to the House the selections of
the Democratic Caucus⁽⁸⁾ for the Majority Whip, the
Chief Deputy Whip, three Deputy Whips, and three at-large Whips to
represent specific constituencies.
---------------------------------------------------------------------------
8. Parliamentarian's Note: These proceedings reflect the composition
of the Democratic whip organization during the 94th Congress.
That composition has changed over the years and many of these
positions are no longer in existence.
---------------------------------------------------------------------------

On January 23, 1975,⁽⁹⁾ the following announcement was
made regarding choices for the Democratic Caucus's whip operation:
---------------------------------------------------------------------------
9. 121 Cong. Rec. 1159, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENT OF MAJORITY WHIP, CHIEF DEPUTY WHIP, DEPUTY WHIPS,
AND WHIPS AT LARGE

(Mr. O'NEILL asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, I take
this time to announce that after consultation with the Speaker I am
appointing John McFall, of California, as majority whip; John
Brademas, of Indiana, as chief deputy whip; Jim Wright, of Texas,
as deputy whip; Richard H. Fulton, of Tennessee, as deputy whip;
and Spark Matsunaga, of Hawaii, as deputy whip.
In addition, for the first time, I am appointing three at-large
whips to represent women Members, black Members, and freshmen
Members. These appointees are Bella Abzug, of New York, Cardiss.
Collins, of Illinois, and John Jenrette, of South Carolina.

Sec. 7.3 The Majority Leader having been elected Speaker of the House
and the Majority Whip having resigned from the House, the
selections of the new Majority Leader and Majority Whip by the
Democratic Caucus were announced to the House by the vice chair of
that caucus.

For the Congressional Record proceedings of the June 14,
1989,⁽¹⁰⁾ announcement, see Sec. 6.3, supra.
---------------------------------------------------------------------------
10. 135 Cong. Rec. 11747, 11748, 101st Cong. 1st Sess. For farewell
remarks by the retiring Majority Whip, see 135 Cong. Rec.
11952, 101st Cong. 1st Sess. (June 15, 1989).
---------------------------------------------------------------------------

Sec. 7.4 The party selection of a new Minority Whip was announced to
the House by the Minority Leader.

On January 23, 2002,⁽¹¹⁾ the following announcement was
made:
---------------------------------------------------------------------------
11. 148 Cong. Rec. 16, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

MINORITY WHIP

Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, as leader of
the Democratic Caucus, I have been directed to report to the House
that the Democratic Members have selected as their minority whip
the gentlewoman from California, the Honorable Nancy Pelosi.
As a matter of information to the Members of the House, it is
my understanding that this is the highest position to which a woman
has been elected in the history of the House of Representatives.

C. Committee Assignments

Sec. 8. Electing Members to Committees

For many decades, the party organizations have played a significant
role in assigning Members of the House to standing committees. Before
the 20th century, the Speaker exercised a great deal of authority in
assigning Members to committees. Following the ``revolt'' against
Speaker Joseph Cannon of Illinois in 1910, this authority was taken
away from the Speaker.⁽¹⁾ Since that time, committee
assignments in the House have been made by the adoption of a simple
resolution of the House that specifies which Members are to be assigned
to which committees, who shall chair such committees, and the rank of
each Member on those committee.⁽²⁾
---------------------------------------------------------------------------
1. See De Alva Stanwood Alexander, History and Procedure of the House
of Representatives, 41 (1916). Under the current rules, the
Speaker is still authorized to appoint Members to all joint,
select, and conference committees. See rule I, clause 11, House
Rules and Manual Sec. 637 (2017).
2. For more on committee assignments generally, see Deschler's
Precedents Ch. 17 Sec. Sec. 8-12 and Precedents (Wickham) Ch.
17.
---------------------------------------------------------------------------

The content of these committee election resolutions is developed by
the party organizations. Essentially, each party is responsible for
advancing a slate of nominees to fill open committee
seats.⁽³⁾ These committee election resolutions are
privileged for consideration pursuant to clause 5(a) of rule
X,⁽⁴⁾ if offered by the direction of the relevant party
caucus.⁽⁵⁾ Similarly, vacancies on committees are filled by
the adoption of a committee election resolution offered at the
direction of the appropriate party caucus.⁽⁶⁾ Pursuant to
clause 5(c)(1) of rule X,⁽⁷⁾ committee chairs are elected on
the nomination of the majority party caucus (by designating the
individual to serve as chair in a committee election resolution).
Traditionally, neither the Speaker nor the floor leaders serve on
committees, though there have been exceptions.⁽⁸⁾
---------------------------------------------------------------------------
3. For an unusual instance of a bipartisan committee election
resolution, see Deschler's Precedents Ch. 3 Sec. 11.1.
4. House Rules and Manual Sec. 757 (2017).
5. For parliamentary inquiries regarding the privilege of such a
resolution, see Sec. 8.2, infra.
6. Rule X, clause 5(e), House Rules and Manual Sec. 762 (2017). The
House does not take cognizance of ``temporary'' resignations
from committees (which may be used for internal caucus
seniority purposes). See Sec. 8.3, infra.
7. House Rules and Manual Sec. 761 (2017).
8. See Deschler's Precedents Ch. 3 Sec. 17.18. Under Democratic Caucus
rules, a ``leadership member'' is appointed to the Committee on
the Budget (pursuant to clause 5(a)(2)(A) of rule X, which
provides that two members of the committee be designated by
``the elected leadership'' of each party). House Rules and
Manual Sec. 758 (2017). For an example of the Majority Leader
being elected to fill this committee slot, see Sec. 8.1, infra.
The Minority Leader also serves as ex officio member of the
Permanent Select Committee on Intelligence, pursuant to
11(a)(3) of rule X. House Rules and Manual Sec. 785 (2017).
---------------------------------------------------------------------------

As noted above,⁽⁹⁾ each of the two major party
organizations maintains an internal committee to develop committee
election resolutions to assign its members to standing committees of
the House. For the Republican Conference, this committee is known as
the Republican Steering Committee.⁽¹⁰⁾ For the Democratic
Caucus, this committee is known as the Democratic Steering and Policy
Committee.⁽¹¹⁾ Formerly, the two organizations each
maintained a ``Committee on Committees'' to determine party membership
on committees of the House.⁽¹²⁾ The internal Caucus and
Conference rules have provided a variety of different mechanisms by
which Members are assigned to committees, but the House only takes
cognizance of the final product of those deliberations: the committee
election resolutions offered on the floor.⁽¹³⁾
---------------------------------------------------------------------------
9. See Sec. 4, supra.
10. Rules Committee Print 115-37, Republican Conference, 115th Cong.,
Rule 11.
11. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
13.
12. For a description of these earlier committees, see Deschler's
Precedents Ch. 3 Sec. Sec. 8, 9. For many years, Democratic
Members of the Committee on Ways and Means would serve as that
party's ``Committee on Committees.'' See Deschler's Precedents
Ch. 3 Sec. Sec. 3.11, 9.1-9.3, and 19.7.
13. See Sec. 1, supra.
---------------------------------------------------------------------------

Members of the House who desire not to be affiliated with either of
the two major political parties will nevertheless generally associate
with one for purposes of being assigned to standing committees. In
prior years, the majority party would customarily assume responsibility
for assigning third-party or independent Members to
committees.⁽¹⁴⁾ More recently, it has been left to the
independent or third-party Member to decide which caucus (that of the
majority party or the minority party) is most appropriate to advance
the required committee election resolution.⁽¹⁵⁾
---------------------------------------------------------------------------
14. See Deschler's Precedents Ch. 3 Sec. 9.4. Under even earlier
practice, all Members not associating with the majority party
were deemed minority Members and committee assignments for all
such Members (even those not affiliating with the minority
party) were made by the minority party. See 8 Cannon's
Precedents Sec. Sec. 2184, 2185.
15. For an example of an independent Member choosing to align with the
Democratic Caucus for committee election purposes, see
Sec. 8.5, infra. For an example of an independent Member
choosing to align with the Republican Conference for committee
election purposes, see Sec. 8.4, infra.
---------------------------------------------------------------------------

While the discussion of committee assignments above covers
virtually all standing committees, the rules of the House provide
special committee membership rules for three committees: the Committee
on Ethics,⁽¹⁶⁾ the Committee on the Budget,⁽¹⁷⁾
and the Permanent Select Committee on Intelligence.⁽¹⁸⁾
Thus, committee election resolutions offered by the party caucuses must
adhere to the specific membership requirements imposed for those
committees.⁽¹⁹⁾ The Committee on Ethics is a bipartisan
committee, with equal representation from each of the two major
parties.⁽²⁰⁾ The Committee on the Budget permits the elected
leadership of each party to designate one member of the
committee.⁽²¹⁾ Membership requirements of the Permanent
Select Committee on Intelligence, including how many members from each
major political party may serve on the committee, have varied over the
years. Currently, membership on the Permanent Select Committee stands
at 22 Members, of whom not more than 13 may be members of the same
political party.⁽²²⁾
---------------------------------------------------------------------------
16. Rule X, clause 5(a)(3)(A), House Rules and Manual Sec. 759 (2017).
Additionally, investigative subcommittees of the Committee on
Ethics are chosen from a pool of Members chosen by the Speaker
and the Minority Leader, pursuant to clause 5(a)(4)(A) of rule
X.
17. Rule X, clause 5(a)(2)(A), House Rules and Manual Sec. 758 (2017).
18. Rule X, clause 11(a), House Rules and Manual Sec. 785 (2017).
Membership on the Permanent Select Committee on Intelligence is
determined by the Speaker, pursuant to clause 11 of rule I,
House Rules and Manual Sec. 637 (2017). For parliamentary
inquiries regarding an informal practice of consulting with the
Minority Leader regarding such appointments, see Sec. 8.6,
infra.
19. Parliamentarian's Note: During the 102d and 103d Congresses, the
Committee on House Administration maintained a Subcommittee on
Administrative Oversight with unique bipartisan membership
requirements. See H. Res. 423, 138 Cong. Rec. 9039-79, 102d
Cong. 2d Sess. (Apr. 9, 1992). See also Precedents (Wickham)
Ch. 6. However, this subcommittee was eliminated in the 104th
Congress. For more on committee membership generally, see
Deschler's Precedents Ch. 17 Sec. Sec. 8-12 and Precedents
(Wickham) Ch. 17.
20. Parliamentarian's Note: At the beginning of the 105th Congress, the
House created a temporary Select Committee on Ethics whose
provisions allowed a vacancy on the committee to be filled by
the respective party leaders. See H. Res. 5, 143 Cong. Rec.
122, 105th Cong. 1st Sess. (Jan. 7, 1997). For an example of
filling a vacancy on this select committee by the Majority
Leader, see Sec. 8.7, infra.
21. Parliamentarian's Note: Formerly, two seats on the Committee on the
Budget were reserved for Members of the elected leadership of
the two major parties. In the 109th Congress, this rule was
amended to provide only that these seats be filled by Members
designated by the elected leaderships of the two parties. Rule
X, clause 5(a)(2)(A), House Rules and Manual Sec. 758 (2017).
22. Rule X, clause 11(a), House Rules and Manual Sec. 785 (2017). For
an example of changing the Permanent Select Committee on
Intelligence's membership requirements by unanimous consent,
see Sec. 8.8, infra.
---------------------------------------------------------------------------

Certain joint committees of the House and the Senate have
membership rules that involve partisan affiliation.⁽²³⁾ For
example, the Joint Economic Committee's ten House members are appointed
by the Speaker_six from the majority party and four from the minority
party.⁽²⁴⁾ The Joint Committee on Taxation's five House
members (chosen by the Committee on Ways and Means from members of that
committee) are divided on a partisan basis as well_three from the
majority party and two from the minority party.⁽²⁵⁾ The
Joint Congressional Committee on Inaugural Ceremonies is established
quadrennially by concurrent resolution of both Houses and its three
House members are traditionally the Speaker, the Majority Leader, and
the Minority Leader.⁽²⁶⁾
---------------------------------------------------------------------------
23. Pursuant to clause 11 of rule I, the Speaker appoints Members to
joint committees. House Rules and Manual Sec. 637 (2017). For
an older example of the Majority Leader offering a resolution
to place a Member on two joint committees, see Deschler's
Precedents Ch. 3 Sec. 17.12.
24. 15 U.S.C. Sec. 1024(a).
25. 26 U.S.C. Sec. 8002(a)(2).
26. House Rules and Manual Sec. 1112 (2017).
---------------------------------------------------------------------------

In the 98th Congress in 1983, the standing rules of the House were
amended to provide that service on a standing committee be contingent
on the Member concerned continuing to affiliate with the party
organization that nominated him or her to the position.⁽²⁷⁾
Under this rule, when a Member ceases to be a member of the caucus that
nominated him or her, any committee assignments for that Member are
automatically vacated. The chair of the respective party caucus is
required to inform the Speaker whenever a member of that caucus ceases
his or her affiliation, and the Speaker in turn is required to inform
the chairs of all affected committees that the Member's election to
those committees has been vacated. Letters from the caucus chair and
the Speaker regarding these actions are laid before the House for the
information of Members.⁽²⁸⁾
---------------------------------------------------------------------------
27. Rule X, clause 5(b), House Rules and Manual Sec. 760 (2017). Clause
10(a) of rule X extends this requirement to select and joint
committees as well. House Rules and Manual Sec. 782 (2017).
28. For the first instance of the application of this rule regarding
continued party affiliation, see 130 Cong. Rec. 24790, 24791,
98th Cong. 2d Sess. (Sept. 11, 1984). For the most recent
instance at the time of this writing, see Sec. 8.9, infra. For
other examples, see: 135 Cong. Rec. 2500, 101st Cong. 1st Sess.
(Feb. 22, 1989); 141 Cong. Rec. 12396, 104th Cong. 1st Sess.
(May 10, 1995); 141 Cong. Rec. 14424, 104th Cong. 1st Sess.
(May 25, 1995); 141 Cong. Rec. 18252, 18253, 104th Cong. 1st
Sess. (July 10, 1995); 141 Cong. Rec. 24717, 104th Cong. 1st
Sess. (Sept. 12, 1995); 141 Cong. Rec. 32627, 104th Cong. 1st
Sess. (Nov. 15, 1995); 141 Cong. Rec. 36172, 36173, 104th Cong.
1st Sess. (Dec. 12, 1995); 145 Cong. Rec. 16586, 106th Cong.
1st Sess. (July 19, 1999); 146 Cong. Rec. 401, 106th Cong. 2d
Sess. (Feb. 1, 2000); 146 Cong. Rec. 17832, 17833, 106th Cong.
2d Sess. (Sept. 13, 2000); 150 Cong. Rec. 65, 108th Cong. 2d
Sess. (Jan. 20, 2004); and 150 Cong. Rec. 17535, 17536, 108th
Cong. 2d Sess. (Sept. 7, 2004).
---------------------------------------------------------------------------

When Members switch parties, their membership on committees is
first vacated pursuant to the rules described above. Subsequently, the
switching Members are again elected to committees via new committee
election resolutions_this time offered at the direction of the new
party with which they now affiliate. Independent or third-party Members
are not required to formally join either of the major party caucuses in
order to maintain their committee assignments, but they must continue
their affiliation with the caucus that nominated them to those
positions.

In General

Sec. 8.1 A newly-elected Majority Leader resigned from one committee
position (in consonance with the tradition that the party floor
leaders do not serve on committees) but was elected to another
committee position that, by rule, was reserved for a Member from
the leadership of the majority party.

On October 16, 1989,⁽²⁹⁾ the following occurred:
---------------------------------------------------------------------------
29. 135 Cong. Rec. 24714, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

RESIGNATION AS MEMBER OF COMMITTEE ON WAYS AND MEANS

The SPEAKER laid before the House the following resignation as
a member of the Committee on Ways and Means:

House of Representatives,
Office of the Majority Leader,
Washington, DC, October 5, 1989.
Hon. Thomas S. Foley,
Speaker, House of Representatives,
H-209, The Capitol, Washington, DC.

Dear Mr. Speaker: I am writing to formally offer my
resignation, effective immediately, from my seat on the House Ways
and Means Committee.
I offer this resignation with mixed emotions. Since 1977 I have
been a member of the Committee. These years have been very exciting
and productive with the passage of Tax Reform, the Omnibus Trade
Bill, Welfare Reform and other major legislation. I am proud of my
contributions in these areas and will be sad to resign my position.
At the same time, I am excited about my recent election to the
post of Majority Leader. I feel that great days lie ahead for the
House and our Nation. I believe that my new responsibilities will
require all my time and energy.
In advance, thank you for your consideration of this request.

Yours very truly,
Richard A. Gephardt.

The SPEAKER.⁽³⁰⁾ Without objection, the resignation
is accepted.
---------------------------------------------------------------------------
30. Thomas Foley (WA).
---------------------------------------------------------------------------

There was no objection. . .
. -------------------

ELECTION OF MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE

Mr. [Richard] GEPHARDT [of Missouri]. Mr. Speaker, I offer a
privileged resolution (H. Res. 265) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 265

Resolved, That the following Members be, and are hereby, elected to the
following standing committees of the House of Representatives:

Committee on Agriculture, Gary Condit, California.

Committee on the Budget, Richard A. Gephardt, Missouri, to rank after
Leon E. Panetta, Chairman.

Committee on Government Operations, Gary Condit, California.

Committee on House Administration, Thomas J. Manton, New York.

Committee on Interior and Insular Affairs, Tim Johnson, South Dakota.

Committee on Post Office and Civil Service, Charles A. Hayes, Illinois.

Committee on Public Works and Transportation, Pete Geren, Texas.

Committee on Ways and Means, Benjamin L. Cardin, Maryland.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 8.2 In response to a parliamentary inquiry, the Speaker stated
that language included in a resolution electing the chair of a
certain standing committee to provide that his powers and duties be
exercised by the vice chair until otherwise ordered by the House
was properly incidental to the ambit of the resolution, since
relevant to the election and consequent empowerment of the chair,
and thus did not affect the privilege of the resolution.

On February 6, 1991,⁽³¹⁾ the following parliamentary
inquiries were raised regarding the privilege of a committee election
resolution:
---------------------------------------------------------------------------
31. 137 Cong. Rec. 3198, 3199, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRIES

Mr. [Robert] WALKER [of Pennsylvania]. Mr. Speaker, I have
parliamentary inquiries.
The SPEAKER.⁽³²⁾ The gentleman will state his
inquiries.
---------------------------------------------------------------------------
32. Thomas Foley (WA).
---------------------------------------------------------------------------

Mr. WALKER. Mr. Speaker, in further reference to my written
inquiry to the Parliamentarian about the meaning of and the
circumstances surrounding the inclusion in House Resolution 43 of a
proviso which states that ``the powers and duties conferred upon
the chairman of the Committee on Interior and Insular Affairs shall
be exercised by the vice chairman thereof until otherwise ordered
by the House,'' does the inclusion of this proviso in any way
affect the privileged nature of the resolution electing Members to
standing committees of the House--and the reason I ask is that the
correspondence I have received from the Parliamentarian cites one
precedent, but that precedent involves a resolution that was called
up by unanimous consent--is there any precedent for including
language such as this in a privileged resolution?
The SPEAKER. The Chair knows of no precise precedent, but the
Chair considers the provision incidental to the normal privileged
resolution providing for the election and consequent empowerment of
the chairman of the committee.
Mr. WALKER. Mr. Speaker, I have a further parliamentary
inquiry.
As I understand it, clause 6(b) of rule XI provides that in the
temporary absence of the chairman the vice chairman shall act as
chairman--we have already had an automatic transfer of authority.
The Parliamentarian stated in correspondence to me on this
subject--correspondence which I would ask unanimous consent be
included in the Record in its entirety at this point.
The SPEAKER. Is there objection to the request of the gentleman
from Pennsylvania?
There was no objection.
The correspondence referred to is as follows:

House of Representatives,
Washington, DC, January 31, 1991.
Hon. William H. Brown,
Parliamentarian, House of Representatives, The Capitol,
Washington, DC.

Dear Bill: I am writing with regard to H. Res. 43, providing
for the election of Members of standing committees of the House,
agreed to on Thursday, January 24. The paragraph listing Members
elected to the Committee on Interior and Insular Affairs includes
the following language:
Provided, That the powers and duties conferred upon the
chairman of the Committee on Interior and Insular Affairs by the
House rules shall be exercised by the Vice Chairman thereof until
otherwise ordered by the House.
In this connection, I am interested in receiving your responses
to the following questions: (1) has this language or any similar
language ever appeared in a resolution providing for the election
of Members to House committees? (2) what precisely does this
proviso mean? and (3) why wasn't the minority informed about the
inclusion in the resolution of this language?
Your assistance will be appreciated. I look forward to hearing
from you at your earliest opportunity.
Sincerely,
Robert S. Walker.

The Speaker's Rooms,
House of Representatives,
Washington, DC, February 1, 1991.
Hon. Robert S. Walker,
House of Representatives,
Washington, DC.

Dear Bob: In your letter of January 31, 1991, you inquire about
the meaning of and the circumstances surrounding the inclusion in
H. Res. 43 on January 24, 1991 of the proviso electing Members to
the Committee on Interior and Insular Affairs which states that
``the powers and duties conferred upon the chairman of the
Committee on Interior and Insular Affairs by the House rules shall
be exercised by the Vice Chairman thereof until otherwise ordered
by the House.''
To my knowledge, a precedent for this type of resolution
occurred on March 18, 1954 where the House agreed to a resolution
permitting the powers and duties conferred on the chairman of a
standing committee to be exercised during the absence of the
chairman by the next ranking majority members thereof until
otherwise ordered by the House. (Deschler's Precedents, Vol. 4, Ch.
17, sec.17.5). On that occasion, Speaker Martin recognized Majority
Leader Halleck to call up the resolution by unanimous consent
during the 83d Congress after the committees had been elected. The
Parliamentarian's note following that precedent suggests that the
resolution may have been necessary because the Chairman of the
Committee on Merchant Marine and Fisheries was unable to perform
the duties of signing subpenas, vouchers, and appointing
subcommittee due to illness.
While clause 6(b) of Rule XI provides that in the temporary
absence of the chairman the Vice Chairman shall act as chairman, it
would appear that the language included in H. Res. 43 would impose
upon the House the responsibility of determining when the chairman
of the Committee on Interior and Insular Affairs should resume his
powers and duties. Although I am not aware of any precedent for
inclusion of such language in an initial resolution electing
members to committees, it does appear that the House has at least
in one case taken this step when a chairman's disability developed
during the course of a Congress after he had been elected. The
inclusion of this provision in the resolution electing the majority
members was the responsibility of the majority party caucus and was
presumably undertaken as a matter incidental to the election and
consequent empowerment of Representative Udall as chairman in that
same resolution. I am not aware of the extent of consultation, if
any, between the majority and minority leadership on this question,
although it was presented as part of the privileged resolution
electing members presented by the majority party caucus pursuant to
clause 6(a), Rule X.
I will be glad to discuss this question with you further at
your convenience.

Sincerely,
Bill Brown.

Mr. WALKER. In that letter he says that the proviso included in
House Resolution 43 imposed additionally on the House the
responsibility to determine when the chairman of the committee
should resume his powers and duties.
Who will make that decision?
The SPEAKER. It would, under this provision, require the House
to make a determination as to the time at which the full authority
of Mr. Udall as chairman would be restored. It is true that House
rules provide that, in the temporary absence of the chairman, the
vice chairman of the committee should assume responsibility. But in
a situation with which the House is presently involved, the absence
of the distinguished chairman of the committee is for a period of
time that is presently not known and it was thought advisable to
confer more specific authority on the vice chairman of the
committee to carry on the duties of the chairman until the House
should otherwise order and determine.
Mr. WALKER. I have a further parliamentary inquiry, Mr.
Speaker.
We have established that a subsequent order of the House will
be necessary to restore powers and duties to the chairman of the
committee. Would such a subsequent order take the form of a
privileged resolution that could be called up at the direction of
the majority party caucus or the minority party conference?
The SPEAKER. If called by the direction of the majority caucus,
it would be privileged under clause 6(a)(1) of rule X. Such a
privilege attaches to the minority conference only when making
recommendations with regard to the assignment of its Members to
committees or the election of its members to committees.
Mr. WALKER. I thank the Chair.

Sec. 8.3 Although the party caucuses may have seniority rules regarding
``temporary'' resignations from committee assignments, the House
does not take cognizance of such a distinction and will thus treat
any resignation from a committee as permanent.⁽³³⁾
---------------------------------------------------------------------------
33. Parliamentarian's Note: A Democratic Caucus rule permitted
``temporary'' resignations from committees so that the
resigning Member could serve on another committee without any
loss of seniority with respect to the committee from which such
Member resigned. However, the House does not accept any
qualifications with respect to resignations from committees,
and any return to a committee from which a Member
``temporarily'' resigned would need to be accomplished via a
new committee election resolution. For a similar rule see Rules
Committee Print 115-37, Democratic Caucus, 105th Cong., Rule
19(C).
---------------------------------------------------------------------------

On May 19, 1994,⁽³⁴⁾ the following resignations were
laid before the House:
---------------------------------------------------------------------------
34. 140 Cong. Rec. 11040-41, 103d Cong. 2d Sess. See also Deschler's
Precedents Ch. 37 Sec. 6.3.
---------------------------------------------------------------------------

TEMPORARY RESIGNATIONS AS MEMBERS OF COMMITTEE ON SCIENCE,
SPACE, AND TECHNOLOGY

The SPEAKER pro tempore laid before the House the following
resignations as members of the Committee on Science, Space, and
Technology:

House of Representatives,
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.

Dear Mr. Speaker: I hereby submit my temporary resignation as a
Member of the Committee on Science, Space, and Technology in order
to serve on the Committee on the Budget. It is my understand that
my seniority status on the Committee on Science, Space, and
Technology will be protected during my tenure on the Budget
Committee.

Sincerely,
Lynn C. Woolsey.

House of Representatives,
Washington, DC, May 12, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives, Washington, DC.

Dear Mr. Speaker: I hereby submit my temporary resignation as a
member of the Committee on Science, Space and Technology in order
that I may serve on the Committee on the Budget. It is my
understanding that my seniority status on the Committee on Science,
Space and Technology will be protected during my tenure on the
Budget Committee.

Sincerely,
Glen Browder.

The SPEAKER pro tempore. Without objection, the resignations
are accepted.
There was no objection.

Independent and Third-Party Members

Sec. 8.4 The House agreed to a privileged resolution submitted by
direction of the majority party caucus electing an independent
Member who caucused with that party to a standing committee.

On January 6, 2001,⁽³⁵⁾ the following committee election
resolution was agreed to:
---------------------------------------------------------------------------
35. 147 Cong. Rec. 116, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

ELECTION OF MEMBER TO COMMITTEE ON APPROPRIATIONS

Mr. [Porter] GOSS [of Florida]. Mr. Speaker, by direction of
the Republican conference, I offer a privileged resolution (H. Res.
20) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 20

Resolved, That the following Member be, and he is hereby, elected to the
following standing committee of the House of Representatives:

Committee on Appropriations: Mr. Goode.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 8.5 The House agreed to a privileged resolution submitted by
direction of the minority party caucus electing an independent
Member who caucused with that party to a standing committee.

On January 26, 2005,⁽³⁶⁾ the following committee
election resolution was agreed to:
---------------------------------------------------------------------------
36. 151 Cong. Rec. 808, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

ELECTION OF MINORITY MEMBER TO COMMITTEE ON FINANCIAL SERVICES
AND COMMITTEE ON GOVERNMENT REFORM

Mr. [Robert] MENENDEZ [of New Jersey]. Mr. Speaker, by
direction of the Democratic Caucus, I offer a privileged resolution
(H. Res. 50) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 50

Resolved, That the following named Member be and is hereby elected to
the following standing committees of the House of Representatives:

(1) Committee on financial services.--Mr. Sanders (to rank immediately
after Ms. Waters).

(2) Committee on government reform.--Mr. Sanders (to rank immediately
after Mr. Kanjorski).

The resolution was agreed to.
A motion to reconsider was laid on the table.

Consultation

Sec. 8.6 In response to parliamentary inquiries, the Speaker indicated
that, while there was no explicit rule requiring consultation, he
would nevertheless consult with the Minority Leader before
exercising his authority with respect to the removal of minority
party Members from a conference committee.

On February 3, 1993,⁽³⁷⁾ the following occurred:
---------------------------------------------------------------------------
37. 139 Cong. Rec. 1959, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENT AS MEMBERS OF PERMANENT SELECT COMMITTEE ON
INTELLIGENCE

The SPEAKER.⁽³⁸⁾ Pursuant to the provisions of
clause 1 of rule XLVIII and clause 6(f) of rule X, the Chair
appoints as members of the Permanent Select Committee on
Intelligence the following Members of the House.
---------------------------------------------------------------------------
38. Thomas Foley (WA).
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, if I might be
recognized to pose a question to the Speaker, I wonder, under the
new rules of the House that were adopted on opening day, could the
Speaker explain his authority for appointing and removing Members
from this select committee?
The SPEAKER. The Chair would advise the Member that the rules
of the House as adopted on the opening day provide, in section 6(f)
of rule X, that--

(f) The Speaker shall appoint all select and conference
committees which shall be ordered by the House from time to time.
At any time after an original appointment, the Speaker may remove
Members or appoint additional Members to select and conference
committees. In appointing members to conference committees the
Speaker shall appoint no less than a majority of members who
generally supported the House position as determined by the
Speaker. The Speaker shall name Members who are primarily
responsible for the legislation and shall, to the fullest extent
feasible, include the principal proponents of the major provisions
of the bill as it passed the House.

The Chair's interpretation of this rule is that, as in previous
iterations of this rule in previous Congresses, there is in the
appointment authority to conference and select committees by the
Speaker no requirement, as such, for consultation with the minority
or any other Members of the House, but it has been the constant
practice of Speakers to consult with the minority leadership,
particularly the minority or Republican leader, on the appointment
of Members from the minority to such select and to such conference
committees.
The view of the Chair is that although the rule is similar to
previous rules in the terms of appointment, it adds an additional
authority to remove Members or to add additional Members not found
in previous rules.
It is the Chair's opinion that the practice of comity should be
continued, and while the Chair will not state that there are no
circumstances in which he would not remove a Member, including a
minority Member, from a select or conference committee, it is the
anticipation that the Chair would no more indulge in a removal
without the consultation and the permission of the minority with
respect to minority Members than he would appoint without
consultation and the recommendation of the minority.
To state again, the Chair is not saying in every case he will
never consider removing a Member, either of the majority or
minority, but he would always do that with consultation, and for
the vast majority, in virtually unanimous circumstances, it would
be with the recommendation and/or the acquiescence or approval of
the minority with respect to minority Members.
Mr. SOLOMON. Mr. Speaker, I certainly appreciate that
clarification. Naturally we would prefer that there be never any
circumstance, but we understand that it is your intention, then, to
continue, as has been done in the past, to consult with the
minority leader on either the appointment or the removal of any
Republican member of any of those committees.
The SPEAKER. The gentleman is correct.
Mr. SOLOMON. I thank the Speaker.
The SPEAKER. The appointees are as follows: Mr. Glickman of
Kansas, chairman; Mr. Richardson of New Mexico; Mr. Dicks of
Washington; Mr. Dixon of California; Mr. Torricelli of New Jersey;
Mr. Coleman of Texas; Mr. Skaggs of Colorado; Mr. Bilbray of
Nevada; Ms. Pelosi of California; Mr. Laughlin of Texas; Mr. Cramer
of Alabama; Mr. Reed of Rhode Island; Mr. Combest of Texas; Mr.
Bereuter of Nebraska; Mr. Dornan of California; Mr. Young of
Florida; Mr. Gekas of Pennsylvania; Mr. Hansen of Utah; and Mr.
Lewis of California.

Special Committee Membership Rules

Sec. 8.7 The Majority Leader, pursuant to clause 4(e)(3) of rule
X,⁽³⁹⁾ appointed a Member to the Select Committee on
Ethics to replace a resigning Member.
---------------------------------------------------------------------------
39. Parliamentarian's Note: In the 105th Congress, a Select Committee
on Ethics was established to resolve a specific inquiry
regarding the Speaker of the House commenced in the prior
Congress. By House rule (only applicable for part of the 105th
Congress), any vacancy on the select committee was to be filled
by the ``Leader of the party concerned.'' H. Res. 5, 143 Cong.
Rec. 122, 105th Cong. 1st Sess. (Jan. 7, 1997). The Speaker
would normally appoint all members of select committees, but as
the Speaker himself was the subject of the inquiry, this
provision regarding filling vacancies by party floor leaders
was included.
---------------------------------------------------------------------------

On January 9, 1997,⁽⁴⁰⁾ the following occurred:
---------------------------------------------------------------------------
40. 144 Cong. Rec. 278, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

COMMUNICATION FROM HON. JIM BUNNING, MEMBER OF CONGRESS

The SPEAKER laid before the House the following communication
from the Honorable Jim Bunning, Member of Congress:
Congress of the United States,
House of Representatives,
Washington, DC, January 8, 1997.
The Speaker of the House of Representatives,
The Capitol, Washington, DC.

Dear Mr. Speaker: This is to notify you that I consider my
service as a member of the Ethics Committee complete.

Best personal regards,
Jim Bunning,
Member of Congress. -------------------

APPOINTMENT OF MEMBER TO SELECT COMMITTEE ON ETHICS

Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, pursuant to clause
4(e)(3) of rule X, I hereby appoint the Honorable Lamar Smith of
Texas to fill a vacancy on the Select Committee on Ethics.

Sec. 8.8 The House by unanimous consent prescribed the size of the
Permanent Select Committee on Intelligence as not more than 20 (of
whom not more than 11 may be from the same party) notwithstanding
the committee membership requirements in clause 11(a)(1) of rule
X.⁽⁴¹⁾
---------------------------------------------------------------------------
41. House Rules and Manual Sec. 785 (2017).
---------------------------------------------------------------------------

On January 6, 2001,⁽⁴²⁾ the following unanimous-consent
request was transacted to alter the composition of the Permanent Select
Committee on Intelligence:
---------------------------------------------------------------------------
42. 147 Cong. Rec. 115, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

COMPOSITION OF PERMANENT SELECT COMMITTEE ON INTELLIGENCE

Mr. [Porter] GOSS [of Florida]. Mr. Speaker, I ask unanimous
consent that, notwithstanding the requirement of clause 11(a)1 of
rule X, the Permanent Select Committee on Intelligence be composed
of not more than 20 Members, Delegates, or the Resident
Commissioner, of whom not more than 11 be from the same party.
The SPEAKER pro tempore.⁽⁴³⁾ Is there objection to
the request of the gentleman from Florida?
---------------------------------------------------------------------------
43. Ray H. LaHood (IL).
---------------------------------------------------------------------------

There was no objection.

Affiliation with Party Organization

Sec. 8.9 Under clause 5(b) of rule X,⁽⁴⁴⁾ membership on a
standing committee is contingent on continuing membership in the
party caucus that nominated the Member for election thereto, and
when a Member ceases to be a member of a party caucus: (1) the
chair of the caucus notifies the Speaker; (2) the Speaker notifies
the chairs of each standing committee to which the Member was
elected that the Member's election to the committee is
automatically vacated; and (3) the Speaker lays before the House
communications regarding these actions for the information of the
body.
---------------------------------------------------------------------------
44. House Rules and Manual Sec. 760 (2017).
---------------------------------------------------------------------------

On December 23, 2009,⁽⁴⁵⁾ the following occurred:
---------------------------------------------------------------------------
45. 155 Cong. Rec. 33067, 111th Cong. 1st Sess. See also 130 Cong. Rec.
24790, 24791, 98th Cong. 2d Sess. (Sept. 11, 1984).
---------------------------------------------------------------------------

COMMUNICATION FROM THE HON. JOHN B. LARSON, CHAIRMAN,
DEMOCRATIC CAUCUS

The SPEAKER pro tempore laid before the House the following
communication from the Honorable John B. Larson, Chairman,
Democratic Caucus:

Democratic Caucus,
House of Representatives,
Washington, DC, December 23, 2009.
Hon. Nancy Pelosi,
Speaker of the House, U.S. Capitol, Washington DC.

Dear Madam Speaker: This is to notify you that the Honorable
Parker Griffith of Alabama has resigned as a Member of the
Democratic Caucus.

Sincerely,
John B. Larson,
Chairman. -------------------

COMMUNICATION FROM THE SPEAKER

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

House of Representatives,
December 23, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.

Dear Mr. Chair: This is to advise you that Representative
Parker Griffith's election to the Committee on Transportation and
Infrastructure has been automatically vacated pursuant to clause
5(b) of rule X effective today.

Best regards,
Nancy Pelosi,
Speaker of the House. -------------------

COMMUNICATION FROM THE SPEAKER

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

House of Representatives,
December 23, 2009.
Hon. Nydia M. Velazquez,
Chairman, Committee on Small Business, Rayburn House Office
Building, Washington, DC.

Dear Madam Chair: This is to advise you that Representative
Parker Griffith's election to the Committee on Small Business has
been automatically vacated pursuant to clause 5(b) of rule X
effective today.
Nancy Pelosi,
Speaker of the House. -------------------

COMMUNICATION FROM THE SPEAKER

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

House of Representatives,
December 23, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Rayburn House
Office Building, Washington, DC.

Dear Mr. Chair: This is to advise you that Representative
Parker Griffith's election to the Committee on Science and
Technology has been automatically vacated pursuant to clause 5(b)
of rule X effective today.

Best regards,
Nancy Pelosi,
Speaker of the House.

Sec. 9. Committee Size and Ratios; Limitations on Service

The number of Members who serve on each standing committee of the
House is not a matter set forth in the standing rules. Rather, the size
of each committee is determined by the committee election resolution
offered at the direction of each of the major party organizations.
Thus, it is the content of those resolutions, rather than any rule or
precedent of the House, that determines the total number of Members
serving on each committee.⁽¹⁾
---------------------------------------------------------------------------
1. Parliamentarian's Note: As noted above, some committees of the
House have specific membership requirements which may affect
the overall number of Members serving on said committees, as
well as the ratio of majority party to minority party members.
See Sec. 8, supra. For an example of an ad hoc adjustment to
the composition of the Permanent Select Committee on
Intelligence, see Sec. 8.8, supra.
---------------------------------------------------------------------------

The party ratios on each standing committee are negotiated between
the parties at the beginning of a Congress and generally reflect the
overall party ratio of Members in the House.⁽²⁾ Like the
overall size of a committee, the party ratio of a particular committee
is determined on the basis of committee election resolutions adopted by
the House (rather than being set forth in a rule or precedent of the
House). Party ratios on subcommittees are not addressed by the rules of
the House either, but typically reflect the overall party ratios in the
House as well.⁽³⁾
---------------------------------------------------------------------------
2. So, for example, if one party held 40% of all seats in the House,
that party's members would traditionally occupy roughly 40% of
the seats on each committee.
3. For a question of the privileges of the House regarding
subcommittee ratios, see Sec. 9.1, infra.
---------------------------------------------------------------------------

Limitations on Service

The standing rules of the House provide two different types of
limitations on Members' service on committees and
subcommittees.⁽⁴⁾ First, there are restrictions on how many
committees and subcommittees a Member may serve on
simultaneously.⁽⁵⁾ Second, there are limitations on how long
(i.e. how many Congresses) a Member may serve on committees. This
latter restriction applies only to chairs of committees (with the
exception of the Committee on Rules),⁽⁶⁾ and to membership
generally on three specific committees: the Committee on
Ethics,⁽⁷⁾ the Committee on the Budget,⁽⁸⁾ and
the Permanent Select Committee on Intelligence.⁽⁹⁾
---------------------------------------------------------------------------
4. For more on committee service generally, see Deschler's Precedents
Ch. 17 Sec. Sec. 8-12 and Precedents (Wickham) Ch. 17.
5. Rule X, clause 5(b)(2)(A), House Rules and Manual Sec. 760 (2017).
6. Rule X, clause 5(c)(2), House Rules and Manual Sec. 761 (2017).
7. A Member may not serve on the Committee on Ethics for more than
three Congresses in a period of five successive Congresses.
Rule X, clause 5(a)(3)(B), House Rules and Manual Sec. 759
(2017).
8. Subject to certain exceptions, a Member may not serve on the
Committee on the Budget for more than four Congresses in a
period of six successive Congresses. Rule X, clause 5(a)(2)(B),
House Rules and Manual Sec. 758 (2017).
9. Subject to certain exceptions, a Member may not serve on the
Permanent Select Committee on Intelligence for more than four
Congresses in a period of six successive Congresses. Rule X,
clause 11(a)(4), House Rules and Manual Sec. 785 (2017).
---------------------------------------------------------------------------

These limitations on committee service mirror (and often derive
from) similar restrictions put in place by each of the two major party
organizations.⁽¹⁰⁾ Both parties have adopted Caucus or
Conference rules that place additional restrictions on simultaneous
service on committees and special limitations on service on the same
committee over the course of multiple Congresses.⁽¹¹⁾ Thus,
a Member may resign from (or be precluded from serving on) certain
committees or subcommittees in consonance with party caucus rules, even
though such Member would not be so restricted by the standing rules of
the House.⁽¹²⁾
---------------------------------------------------------------------------
10. Parliamentarian's Note: In the years leading up to the 104th
Congress, the Republican Conference began to advocate for the
idea of term limits for Members of Congress, including
limitations on the the number of Congresses in which a Member
could serve as Speaker of the House, and limitations on service
for committee and subcommittee chairs. In the 104th Congress,
the Republican party became the majority party and many of
these provisions regarding term limits were codified in the
standing rules of the House. Although some of these limitations
have since been repealed (for example, term limits for the
Speaker were eliminated in the 108th Congress), most committee
service limitations from that time remain in place.
11. Rules Committee Print 115-37, Democratic Caucus, 115th Cong., Rule
22 and Republican Conference, 115th Cong., Rule 15.
12. For examples of Members resigning from committees to comply with
caucus rules (prior to the advent of similar House rules), see
121 Cong. Rec. 2369, 94th Cong. 1st Sess. (Feb. 5, 1975) and
125 Cong. Rec. 16964, 16965, 96th Cong. 1st Sess. (June 27,
1979). For an example of a Member resigning from the Permanent
Select Committee on Intelligence to comply with caucus rules
regarding simultaneous service on committees, see 147 Cong.
Rec. 6299, 107th Cong. 1st Sess. (Apr. 26, 2001).
---------------------------------------------------------------------------

Sec. 9.1 A resolution asserting that the ratio of minority party
representation on various subcommittees was less than the ratio of
representation on full committees (to the disadvantage of
constituents of minority party Members) and resolving that each
subcommittee of the House should be constituted in a ratio
proportionate to the membership on the full committees, was held to
constitute a question of the privileges of the House.

On October 4, 1984,⁽¹³⁾ the following resolution was
offered as a question of the privileges of the House:
---------------------------------------------------------------------------
13. 130 Cong. Rec. 30042, 30043, 98th Cong. 2d Sess. For a similar
resolution determined not to qualify as a question of the
privileges of the House, see 130 Cong. Rec. 78, 98th Cong. 2d
Sess. (Jan. 23, 1984).
---------------------------------------------------------------------------

PRIVILEGED RESOLUTION CONCERNING SUBCOMMITTEE RATIOS

Mr. [William] DANNEMEYER [of California]. Mr. Speaker, I offer
a privileged resolution (H. Res. 603) and ask for its immediate
consideration.
The SPEAKER pro tempore.⁽¹⁴⁾ The Clerk will report
the resolution.
---------------------------------------------------------------------------
14. James Wright (TX).
---------------------------------------------------------------------------

The Clerk read as follows:

H. Res. 603

Whereas the ratio of Republicans to Democrats on the full Committee on
Energy and Commerce is 15 to 27;

Whereas the ratio of Republicans to Democrats on several subcommittees of
the Committee on Energy and Commerce is 6 to 13;

Whereas the ratio of Republicans to Democrats on other subcommittees of
the House is lower than that of their respective full committees;

Whereas disproportionate ratios of Republicans to Democrats deny
Republican members fair representation on subcommittees of the House of
Representatives:

Whereas denial of fair representation on subcommittees disadvantages the
constituents of the Republican members of those subcommittees and is,
therefore, inconsistent with the doctrine of ``one man, one vote'';

Whereas the House of Representatives is almost unique amongst the
parliamentary bodies of the world in not having truly proportional
representation on its subcommittees;

Whereas these disproportionate and inequitable subcommittee ratios can
adversely affect the rights of all Members of the House, not just the
Republicans; and

Whereas circumstances disadvantaging Members individually adversely
affect the integrity of the proceedings generally: Now, therefore, be it

Resolved, That each subcommittee of each standing and select committee of
the House should be constituted with its membership In a ratio which is
proportionate to the membership of the two political parties in each
committee of the House.

The SPEAKER pro tempore. The gentleman from California [Mr.
Dannemeyer] has stated a question of privilege.
The Chair recognizes the gentleman from Washington [Mr. Foley].

motion offered by mr. foley

Mr. [Thomas] FOLEY [of Washington]. Mr. Speaker, I have a
motion at the desk which I offer.
The Clerk read as follows:
Mr. Foley moves to lay the resolution of the gentleman from
California [Mr. Dannemeyer] on the table.

parliamentary inquiries

Mr. DANNEMEYER. I have a parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state it.
Mr. DANNEMEYER. Under the rules of the House, is the motion to
table debatable?
The SPEAKER pro tempore. No, the Chair will state that a motion
to table is not debatable.
Mr. DANNEMEYER. A further parliamentary inquiry, Mr. Speaker.
Is the motion that the privileged resolution of the gentleman from
California has filed at the desk in a form that would make it
immune from the requests or the observation of the suggestion that
it is subject to a point of order?
The SPEAKER pro tempore. The Chair has already stated no point
of order was offered, that in the opinion of the Chair the
resolution is indeed in such a form as to qualify as a question of
privileges of the House.
Mr. DANNEMEYER. A further parliamentary inquiry, Mr. Speaker.
What is the policy reason that would prevent a Member from this
body consistent with the comments of our distinguished majority
leader of yesterday talking about the fairness of this institution
and all for which__
The SPEAKER pro tempore. The Chair would state that the
question being propounded by the gentleman from California [Mr.
Dannemeyer] is not a parliamentary inquiry as surely the gentleman
from California is aware.
Mr. DANNEMEYER. Well, it is a further parliamentary inquiry,
Mr. Speaker, that sometimes it is difficult, the Speaker is such a
bright and learned gentleman, I suppose it is no mystery that the
gentleman that is the Speaker right now could figure out what I was
going to say before I could say it in order to say that it is not a
parliamentary inquiry. I am not surprised.

parliamentary inquiry

Mr. [Robert] WALKER [of Pennsylvania]. I have a parliamentary
inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr, WALKER. Would it be possible, by unanimous consent, to get
30 minutes of debate time on the motion to table?
The SPEAKER pro tempore. The Chair will state that a motion to
table under the rules of the House is not debatable,
notwithstanding that fact, that would be possible by unanimous
consent, of course.
Mr. WALKER. Therefore, Mr. Speaker, I ask unanimous consent
that the motion to table be debated for 30 minutes.
Mr. FOLEY. Reserving the right to object, Mr. Speaker.
The SPEAKER pro tempore. Objection is heard to the request.
Mr. WALKER. Could the Chair indicate who objected, please?
The SPEAKER pro tempore. The Chair identifies several Members
having objected and the question would occur__
Mr. WALKER. Parliamentary inquiry, Mr. Speaker.
Who will the Record show tomorrow, objected?
The SPEAKER pro tempore. The Record would show the gentleman
from New York [Mr. Weiss], the gentleman from Massachusetts [Mr.
Donnelly], the gentleman from Maryland [Mr. Mitchell], the
gentleman from Illinois [Mr. Durbin]; several Members have
registered objections.
Mr. WALKER. I thank the Chair.
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from Washington [Mr. Foley] to table the
privileged resolution offered by the gentleman from California [Mr.
Dannemeyer].
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. DANNEMEYER. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were_yeas
251, nays 158, not voting 23, as follows:

[Roll No. 444] . . .

So the motion to table was agreed to.
The result of the vote was announced as above recorded.

Sec. 10. Committee Procedures and Staff

The standing rules of the House regarding committee procedure often
specify certain rights or privileges for minority party Members of the
committee.⁽¹⁾ With respect to committee reports, House rules
provide that Members who do not wish to endorse the report may instead
file ``supplemental, minority, additional, or dissenting views'' on the
underlying legislation.⁽²⁾ Similarly, separate views are
permitted with respect to investigative or oversight reports filed at
the end of a session of Congress under clause 1(b)(4) of rule
XI.⁽³⁾ With respect to hearings, House rules provide that
the minority members of the committee may request that one day of
hearings be scheduled to call witnesses selected by the minority
party.⁽⁴⁾
---------------------------------------------------------------------------
1. Parliamentarian's Note: Committee chairs are always members of the
majority party and exercise many different authorities,
particularly in the area of establishing the agenda for
business of the committee. Thus, these rules regarding minority
party members serve to protect their rights against those of
the majority party.
2. Rule XI, clause 2(l), House Rules and Manual Sec. 804 (2017).
Clauses 2(c) and 3(a)(1)(A) provide that any such separate
views be included in the report filed by the committee. House
Rules and Manual Sec. Sec. 836, 837 (2017). For more on
committee reports generally, see Deschler's Precedents Ch. 17
Sec. Sec. 58-64 and Precedents (Wickham) Ch. 17.
3. House Rules and Manual Sec. 788 (2017).
4. Rule XI, clause 2(j)(1), House Rules and Manual Sec. 802 (2017).
For more on committee hearings generally, see Deschler's
Precedents Ch. 15 Sec. Sec. 6-16 and Precedents (Wickham) Ch.
15.
---------------------------------------------------------------------------

Other rules of the House regarding committees contemplate joint
action by the chair and ranking minority member of the committee or
joint notification procedures. For example, if the chair determines
there is good cause to hold a hearing sooner than previously announced,
the chair may, with the concurrence of the ranking minority member,
schedule that hearing for an earlier date or time.⁽⁵⁾ Joint
approval by the chair and ranking minority member of the Committee on
House Administration is required for the release of funds to settle
complaints under the Congressional Accountability Act, pursuant to
clause 4(d)(2) of rule X.⁽⁶⁾ Both the chair and the ranking
minority member of the Committee on House Administration are informed
by the Clerk when a determination is made that House records should not
be made public, pursuant to clause 4(a) of rule VII.⁽⁷⁾
---------------------------------------------------------------------------
5. Rule XI, clause 2(g)(3)(B), House Rules and Manual Sec. 798 (2017).
6. House Rules and Manual Sec. 754 (2017).
7. House Rules and Manual Sec. 695 (2017).
---------------------------------------------------------------------------

Several House rules regarding committee procedure provide that
members of the minority party be permitted to participate in committee
business on an equitable basis. Under clause 4(c) of rule X, the
Committee on Oversight and Government Reform may adopt a rule regarding
the taking of depositions by members and staff. If such a rule is
adopted, it must provide that ``minority members and staff are accorded
equitable treatment with respect to notice of and reasonable
opportunity to participate in'' any such depositions.⁽⁸⁾
Pursuant to clause 2(j)(2) of rule XI, a committee may adopt a rule or
motion allowing extended questioning of witnesses by Members or staff.
If such procedures are adopted, they must provide that the time thus
provided (to Members or staff) be ``equal for the majority party and
the minority party.''⁽⁹⁾ Clause 11(g)(2) of rule X permits
the Permanent Select Committee on Intelligence to recommend to the
House that certain classified material be disclosed to the public. If
such a question comes before the House pursuant to the provisions of
the rule, debate time on the question ``shall be limited to two hours
equally divided and controlled by the chair and ranking minority member
of the select committee.''⁽¹⁰⁾
---------------------------------------------------------------------------
8. House Rules and Manual Sec. 749a (2017).
9. House Rules and Manual Sec. 802 (2017).
10. House Rules and Manual Sec. 785 (2017).
---------------------------------------------------------------------------

As noted elsewhere, the Committee on Ethics is a unique bipartisan
committee of the House, and as such is required by House rules to
undertake many of its functions on a bipartisan basis. Many of these
rules contemplate joint actions by (or consultation between) the chair
and ranking minority member of the committee prior to taking certain
actions.⁽¹¹⁾ If a Member is disqualified (because of
personal interest) from participating in certain matters before the
committee, House rules provide that the Speaker replace that Member
with another Member of the same political party.⁽¹²⁾
---------------------------------------------------------------------------
11. Clauses 3(b), 3(f), 3(g), and 3(i)-(m) of rule XI all contain
provisions requiring joint action or consultation between the
chair and the ranking minority member of the Committee on
Ethics. House Rules and Manual Sec. 806 (2017). Under clause
15(c) of rule XXIII, the chair and ranking minority member of
the Committee on Ethics may jointly waive the travel
restrictions of that rule. House Rules and Manual Sec. 1095
(2017). For more on the Committee on Ethics and its procedures,
see Deschler's Precedents Ch. 12 and Precedents (Wickham) Ch.
12.
12. Rule XI, clause 3(b)(3), House Rules and Manual Sec. 806 (2017).
---------------------------------------------------------------------------

The House provides resources to its committees, which includes
funding for staff, equipment, facilities, and other administrative
expenses. Several House rules require that such resources be divided on
a partisan basis to members of the committee. For example, clause 6(d)
of rule X⁽¹³⁾ provides that the minority party be ``treated
fairly in the appointment'' of subcommittee staff made available to the
subcommittee by the chair of the committee. Clause 9(a)(1) of rule
X⁽¹⁴⁾ provides that each professional staff of a committee
be assigned to either the chair of the committee or the ranking
minority member. Clause 9(a)(2) of rule X⁽¹⁵⁾ outlines
procedures by which a majority of the minority party members of a
committee may select one-third of the professional staff of the
committee. Clause 9(d) of rule X⁽¹⁶⁾ provides special
staffing requirements for the Committee on Appropriations, including
the appointment of ``assistants for the minority.'' Clause 9(f) of rule
X⁽¹⁷⁾ provides procedures for filling vacancies in minority
party professional staff positions, while clause 9(g) of rule
X⁽¹⁸⁾ provides that minority staff shall be accorded
``equitable treatment'' with regard to salaries, work facilities, and
access to committee records. Clause 9(i) of rule X⁽¹⁹⁾
permits a committee to employ nonpartisan staff by an affirmative vote
of a majority of the majority party committee members and a majority of
the minority party committee members.
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 767 (2017).
14. House Rules and Manual Sec. 771 (2017).
15. House Rules and Manual Sec. 773 (2017).
16. House Rules and Manual Sec. 778 (2017).
17. House Rules and Manual Sec. 779 (2017).
18. Id.
19. House Rules and Manual Sec. 780 (2017).
---------------------------------------------------------------------------

D. Party Affiliation and Debate

Sec. 11. Recognition for Debate Based on Party Affiliation

The standing rules of the House contain many provisions relating to
the division of debate time among Members. In many cases, debate time
is allocated to Members on the basis of their attitude towards the
pending proposition_i.e., proponents and opponents.⁽¹⁾ But
certain rules explicitly allocate debate time on a partisan basis.
These rules may give party leaders an exclusive right to claim debate
time on a particular matter, or divide a set period of time for debate
equally between the parties. Established precedents of the House may
also confer priority in recognition to Members of the majority party or
the minority party.
---------------------------------------------------------------------------
1. Parliamentarian's Note: Dividing debate time between proponents and
opponents often has the practical effect of dividing time
between the two major parties. For example, the chair of the
reporting committee (a majority party member) will often be
recognized to manage general debate on a measure in the
Committee of the Whole, while his or her counterpart on the
committee (the ranking minority party member) will claim time
allocated to the opposition. For more on managerial
prerogatives regarding debate time, see Deschler's Precedents
Ch. 29 Sec. 7, Precedents (Wickham) Ch. 29, and House Rules and
Manual Sec. 959 (2017).
---------------------------------------------------------------------------

As noted above, the Majority Leader and the Minority Leader are
sometimes granted exclusive authority by rule to claim debate time on a
particular matter.⁽²⁾ Other rules provide that debate time
be allocated on a partisan basis, but do not provide special privileges
to the party floor leaders. For example, pursuant to clause 8(d)(1) of
rule XXII,⁽³⁾ debate time on conference reports is ``equally
divided between the majority and minority parties.'' The rule further
provides that if both the majority Member and minority Member support
the proposition, the time may be divided three ways and an opponent
allowed to claim one-third of the time.⁽⁴⁾ The same basic
scheme for allocating debate time applies to motions to instruct
conferees under clause 7(b)(1) of rule XXII⁽⁵⁾_equal
division between the parties, subject to a possible three-way split if
neither party's Member is in opposition to the motion.
---------------------------------------------------------------------------
2. See Sec. 6, supra.
3. House Rules and Manual Sec. 1086 (2017).
4. Rule XXII, clause 8(d)(2), House Rules and Manual Sec. 1086 (2017).
5. House Rules and Manual Sec. 1078 (2017).
---------------------------------------------------------------------------

With regard to Senate amendments reported in disagreement by a
conference committee, the same rule regarding conference reports also
explicitly divides debate time on motions to dispose of such amendments
on a partisan basis.⁽⁶⁾ Further, the custom has developed to
utilize this same scheme for control of debate time on all motions to
dispose of amendments emerging from conference in disagreement, no
matter how such amendments come before the House.⁽⁷⁾ Thus,
division of debate time equally between the parties applies, for
example, to amendments in disagreement before the House following
rejection of a conference report (by a negative vote on the conference
report, or point of order sustained against the conference
report).⁽⁸⁾ A three-way division is also possible on such
motions if both party Members support the motion.
---------------------------------------------------------------------------
6. Rule XXII, clause 8(d)(1), House Rules and Manual Sec. 1086 (2017).
7. House Rules and Manual Sec. 1086 (2017).
8. Id.
---------------------------------------------------------------------------

The Congressional Budget Act contains many congressional procedures
to expedite consideration of the concurrent resolution on the budget
and other budget-related legislation.⁽⁹⁾ Some of these
procedures explicitly contemplate partisan affiliation as a basis for
allocating time for debate. For example, general debate on a concurrent
resolution on the budget in the House is set at ten hours, ``divided
equally between the majority and minority parties.''⁽¹⁰⁾
Similarly, debate on a conference report on a budget resolution is set
at five hours, ``divided equally between the majority and minority
parties.''⁽¹¹⁾
---------------------------------------------------------------------------
9. For more on the Congressional Budget Act generally, see Deschler's
Precedents Ch. 41.
10. 2 U.S.C. Sec. 636(a)(2).
11. 2 U.S.C. Sec. 636(a)(6).
---------------------------------------------------------------------------

Other miscellaneous provisions in the standing rules of the House
acknowledge the role of the two major party organizations in managing
debate on the floor of the House. One such provision requires copies of
amendments offered in the Committee of the Whole to be distributed to
the party committee tables on the House floor and to the respective
cloakrooms.⁽¹²⁾
---------------------------------------------------------------------------
12. Rule XVIII, clause 5(b), House Rules and Manual Sec. 978 (2017).
---------------------------------------------------------------------------

Apart from explicit references to party affiliation in the standing
rules of the House, many precedents of the House also acknowledge party
affiliation as a basis on which to accord priority in recognition.
Under clause 2(a) of rule XIX,⁽¹³⁾ priority to offer a
motion to recommit is granted to any opponent of the underlying
measure. However, under the established precedents, the Chair will look
first to the Minority Leader or a designee to offer the initial
motion.⁽¹⁴⁾ If the Minority Leader or a designee does not
seek recognition, the Chair will accord priority in recognition first
to minority members of the reporting committee (in the order of their
rank on the committee), and then to noncommittee minority
Members.⁽¹⁵⁾
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 1001 (2017).
14. Parliamentarian's Note: The preference given to the Minority Leader
in this circumstance derives from clause 6(c) of rule XIII,
which prohibits the Committee on Rules from reporting a special
order of business that would prevent a motion to recommit from
being offered by the Minority Leader. House Rules and Manual
Sec. 857 (2017).
15. House Rules and Manual Sec. 1002c (2017).
---------------------------------------------------------------------------

Motions to instruct conferees are not explicitly a prerogative of
the minority party under House rules, but under established precedents,
the Chair will look to the ranking minority member of the reporting
committee first to offer this motion.⁽¹⁶⁾ Minority committee
Members have priority over both majority committee
Members⁽¹⁷⁾ and noncommittee Members from the minority
party.⁽¹⁸⁾ If two minority members of the committee seek
recognition, the Chair will accord priority to the more senior
member.⁽¹⁹⁾
---------------------------------------------------------------------------
16. See Deschler's Precedents Ch. 29 Sec. 23.62 and Deschler's
Precedents Ch. 33 Sec. 11.1.
Parliamentarian's Note: Where conferees have been appointed
for 45 calendar days and, concurrently 25 legislative days and
have failed to file a report, motions to instruct House
managers are in order. Recognition to offer such motion does
not depend on party affiliation. See House Rules and Manual
Sec. 1079 (2017).
17. Deschler's Precedents Ch. 33 Sec. 11.2.
18. Deschler's Precedents Ch. 33 Sec. 11.3.
19. See Sec. 11.1, infra.
---------------------------------------------------------------------------

With regard to motions to suspend the rules, debate time is
allocated on the basis of attitude towards the motion: 20 minutes for a
proponent and 20 minutes for an opponent.⁽²⁰⁾ Precedents
established under this rule provide for resolving conflicts if more
than one Member claims time in opposition. The Chair will first look to
committee members (of either party), and then to minority party
members.⁽²¹⁾
---------------------------------------------------------------------------
20. Rule XV, clause 1(c), House Rules and Manual Sec. 891 (2017).
21. See Sec. 11.2, infra.
---------------------------------------------------------------------------

Finally, there are various circumstances in which the Chair will
endeavor to alternate recognition between members of each party (rather
than alternating between Members in support and Members in
opposition).⁽²²⁾ When offering amendments in the Committee
of the Whole (including pro forma amendments),⁽²³⁾ the Chair
will generally recognize Members on a partisan basis, alternating
recognition between the two parties.⁽²⁴⁾ Non-legislative
debate in the House also tends to proceed on the basis of alternating
recognition between the parties.⁽²⁵⁾ During debate in the
Committee of the Whole under the five-minute rule, the Chair may
announce an intention to give priority to the floor leaders should they
seek recognition (as an exercise of the Chair's discretionary power of
recognition).⁽²⁶⁾
---------------------------------------------------------------------------
22. Parliamentarian's Note: The Chair is often unaware of a given
Member's attitude toward the pending proposition, making
alternation between sides of the question difficult as a
practical matter. In such cases, alternating between the two
parties serves as an imprecise but acceptable proxy.
23. See Sec. 11.4, infra.
24. See Sec. 11.3, infra.
25. See Sec. 12, infra.
26. See Sec. 11.5, infra.
---------------------------------------------------------------------------

Sec. 11.1 Where two minority members of the committee which had
reported a bill seek recognition to offer a motion to instruct
conferees, the Chair will recognize the senior minority member of
that committee seeking recognition.

On February 17, 1988,⁽²⁷⁾ the following occurred:
---------------------------------------------------------------------------
27. 134 Cong. Rec. 1583, 1584, 100th Cong. 2d Sess. For a similar
instance, see 132 Cong. Rec. 30181, 99th Cong. 2d Sess. (Oct.
10, 1986).
---------------------------------------------------------------------------

MOTION TO INSTRUCT CONFEREES ON H.R. 5, SCHOOL IMPROVEMENT ACT
OF 1987

The SPEAKER.⁽²⁸⁾ For what purpose does the gentleman
from California seek recognition?
---------------------------------------------------------------------------
28. James Wright (TX).
---------------------------------------------------------------------------

Mr. [William] DANNEMEYER [of California]. Mr. Speaker, I have a
motion at the desk to instruct conferees.
The SPEAKER. For what purpose does the gentleman from Illinois
[Mr. Madigan] rise?

parliamentary inquiries

Mr. [Edward] MADIGAN [of Illinois]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.

Mr. MADIGAN. Mr. Speaker, it was my understanding that before
any consideration would be given to a motion to instruct conferees
that the Speaker was going to conclude the 1-minute speeches.
The SPEAKER. The Chair would like to accommodate Members
seeking to be heard on the 1-minute rule but under the rule a
motion such as would be proposed, as the Chair understands it, to
instruct conferees would take precedence if a Member sought to
press that matter at this time and under the rule would be more
privileged.
Mr. DANNEMEYER. Mr. Speaker, that is my request.
Mr. MADIGAN. Further pursuing my parliamentary inquiry, Mr.
Speaker, does the Chair then as a matter of custom in the House
recognize people on the basis of seniority with regard to committee
assignments on matters such as this?
The SPEAKER. The gentleman is correct. If two or more Members
seek recognition for motions of equal privilege, it would be the
custom of the Chair to recognize the Member most senior on the
committee of jurisdiction.
Mr. MADIGAN. Mr. Speaker, the Speaker has just described my
situation. I am the senior member and pursuant to a previous order
of the House I have a motion at the desk.
Mr. DANNEMEYER. I have a further parliamentary inquiry, Mr.
Speaker.
The SPEAKER. The gentleman will state it.
Mr. DANNEMEYER. Since the Speaker previously recognized his
Member and this Member responded that I have a motion at the desk
to instruct conferees and I choose to go forward with it at this
time pursuant to a unanimous-consent request of last week, does
that not give this Member since I was recognized for that purpose
priority to proceed at this time?
The SPEAKER. Well, the gentleman is correct, the gentleman did
seek recognition for the purpose of making a motion and then the
gentleman from Illinois rose with a parliamentary inquiry and the
Chair recognized the gentleman from Illinois for that purpose. And
it is the Chair's understanding that each of the two gentlemen
standing desires to offer a motion to instruct conferees. Is that
correct?
Mr. DANNEMEYER. That is correct, Mr. Speaker.
Mr. MADIGAN. That is correct, Mr. Speaker.
The SPEAKER. Well, the Chair, under those circumstances,
following the general precedents of the House would recognize the
more senior minority member of the two minority members on the
committee of jurisdiction.

Mr. DANNEMEYER. Mr. Speaker, I have a further parliamentary
inquiry. I appreciate that the Speaker is hesitating a little with
respect to his tentative decision, but this Member actually was
recognized before my colleague from Illinois was recognized and I
would think on that basis that this Member should have priority for
making this motion.
The SPEAKER. The gentleman's motion had not been placed before
the House. The gentleman had sought recognition and the Chair had
said, ``For what purpose does the gentleman seek recognition?'' The
gentleman from California had said, ``For the purpose of offering a
motion to instruct conferees.''
Mr. DANNEMEYER. That is correct, Mr. Speaker.
The SPEAKER. And the Chair was about to ask the Clerk to report
the motion when the gentleman from Illinois stood and sought
recognition. The Chair said to the gentleman from Illinois, ``For
what purpose does the gentleman rise?''
Mr. DANNEMEYER. If I may further be heard on my inquiry, if I
understand the gentleman from Illinois correctly, he achieved
recognition on the basis of a parliamentary inquiry.
The SPEAKER. The gentleman is correct.

motion offered by mr. madigan

Mr. MADIGAN. Mr. Speaker, pursuant to a previous order of the
House, I offer a motion.
The SPEAKER. The Clerk will report the motion.
The Clerk read as follows:

Mr. Madigan moves that the managers on the part of the House
appointed for consideration of section 7003 of the Senate amendment
to H.R. 5 be instructed to agree to language that offers a solution
to the dial-a-porn problem.

parliamentary inquiries

Mr. DANNEMEYER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. DANNEMEYER. Mr. Speaker, when a motion to instruct
conferees is pending, as is the situation with the gentleman from
California having made such a motion, is it in order for the House
to then consider another motion to instruct conferees?
The SPEAKER. Is the gentleman asking would it be in order for
him to offer an amendment to the motion?
Mr. [John] DINGELL [of Michigan]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The Chair is advised that the gentleman from
California could offer an amendment to the motion of the gentleman
from Illinois but only if the previous question were voted down. If
the previous question on the motion of the gentleman from Illinois
should be ordered, then his motion would have to be voted upon
without intervening motion.

Mr. DANNEMEYER. Mr. Speaker, if I might be heard further on my
parliamentary inquiry, I do not quite see how we could get to the
point where we could consider the motion offered by the gentleman
from Illinois to instruct conferees when, at the time the gentleman
from Illinois is making his motion, there is already a motion by
this gentleman from California to instruct conferees pending at the
desk. And I have not withdrawn that motion.
The SPEAKER. The motion of the gentleman from California had
not been stated and was not pending before the House. The gentleman
had sought recognition for the purpose of offering a motion to
instruct conferees. The gentleman from Illinois asked, on a
parliamentary inquiry, in a situation involving two minority
Members, each seeking recognition for the purpose of offering a
motion to instruct conferees, as to which of the two Members under
the precedents would be recognized. The Chair replied that the
senior of the two on the Committee of Jurisdiction, under the
precedents, would be recognized, and the gentleman from Illinois
offered a motion, he being the senior of those seeking recognition
for the purpose of offering a motion.
Mr. DANNEMEYER. Mr. Speaker, I wonder if I could ask the
indulgence of the House for the purpose of having the record read
back for the purpose of determining whether this gentleman from
California was recognized for the purpose of making a motion to
instruct conferees.
Mr. DINGELL. I would have an objection, Mr. Speaker. I would
have to observe that I think that is a unanimous-consent request,
and it is taking a great amount of the time of the House at a time
when we have other business pending. I would have to object.
The SPEAKER. The Chair has recognized the gentleman from
Illinois, and the gentleman's motion has been read and is now
pending before the House. The gentleman is entitled to 1 hour on
the motion.
Mr. DANNEMEYER. I have a further parliamentary inquiry, Mr.
Speaker.
What happened to my motion?
Mr. MADIGAN. It was never read.
Mr. DANNEMEYER. Yes. it was.
Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, he was
recognized for the purpose of offering an amendment, and the record
will show that.
The SPEAKER. The Chair will state again the situation.
The gentleman from California sought recognition. The Chair
asked the purpose of his seeking recognition, and he said he sought
recognition for the purpose of offering a motion to instruct
conferees. The motion was not made prior to the rising of the
gentleman from Illinois to ask by unanimous consent if it were
proper to entertain such a motion before the completion of the 1-
minute unanimous consent requests. The Chair replied that the Chair
would prefer to accommodate Members seeking to be heard under the
1-minute rule first and then entertain the motion, but that the
motion really does have priority under the rules to a unanimous-
consent request to be heard for 1 minute, and that if the gentleman
insists upon offering the motion at that time, the Chair would
entertain the motion.
Then the gentleman from Illinois asked if two Members, each
desiring to offer such a motion, were simultaneously to seek
recognition, which of two Members should be recognized under the
precedents of the House, and the Chair replied: The senior of the
two on the Committee of Jurisdiction.

Mr. DANNEMEYER. At that point, Mr. Speaker, on the basis of the
Chair's own analysis, with all due respect, when I stood for
recognition, there was not someone else asking for recognition. It
was not done simultaneously.
Mr. DINGELL. Mr. Speaker, may I call for the regular order?
The SPEAKER. The Chair is trying to preserve the regular order
and thinks that the Members are entitled to understand exactly what
is going on and are entitled to ask questions and to be
accommodated to the extent of the Chair's ability to accommodate
them.
The fact is that two Members sought recognition for the same
kind of motion, for a motion to instruct conferees. The motions
having equal precedence and priority, the question arose as to
which of the two Members should be recognized for the purpose of
making a motion. The Chair replied that the precedents hold that
the senior of the two or more Members seeking recognition is
entitled to be recognized. The gentleman from Illinois asked then
to be recognized for the purpose of offering that motion. The Chair
recognized the gentleman from Illinois. The motion has been read.
The motion offered by the gentleman from Illinois to instruct
conferees on H.R. 5 is the pending order of business.
The gentleman from Illinois [Mr. Madigan] is recognized for 1
hour . . .

Sec. 11.2 Under clause 1(c) of rule XV,⁽²⁹⁾ half of the 40
minutes allocated for a motion to suspend the rules is controlled
by a Member opposed, and a majority party member may claim such
time in opposition if the minority manager is not opposed to the
motion.⁽³⁰⁾
---------------------------------------------------------------------------
29. House Rules and Manual Sec. 891 (2017).
30. Parliamentarian's Note: Earlier precedents prescribe cascading
priorities in recognition for control of time in opposition to
a motion to suspend the rules. First, opponents are recognized
over those who support the motion. Then, among opponents,
committee members are recognized over noncommittee members.
Finally, among committee members opposed, minority party
Members have priority. See 5 Hinds' Precedents Sec. 6802 and 9
Cannon's Precedents Sec. 3415.
---------------------------------------------------------------------------

On November 18, 1991,⁽³¹⁾ the following occurred:
---------------------------------------------------------------------------
31. 137 Cong. Rec. 32510, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1991

Mr. [George] MILLER of California. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 282)
providing for the concurrence of the House to the amendment of the
Senate to the bill (H.R. 355) with an amendment.
The Clerk read as follows:

H. Res. 282

Resolved, That upon the adoption of this resolution, the bill (H.R. 355)
to provide emergency drought relief to the Reclamation States, and for
other purposes, be and is hereby taken from the Speaker's table to the end
that the Senate amendment to the text of the bill be and is hereby agreed
to with the following amendment:

In lieu of the Senate amendment, insert the following:

SECTION 1. SHORT TITLE.

Title I through XXXIII of this Act may be cited as the ``Reclamation
Projects Authorization and Adjustment Act of 1991''.

SEC. 2. DEFINITION OF SECRETARY.

For the purposes of this Act, the term ``Secretary'' means the Secretary
of the Interior.

TITLE I--BUFFALO BILL DAM AND RESERVOIR, WYOMING

The SPEAKER pro tempore.⁽³²⁾ Pursuant to the rule,
the gentleman from California [Mr. Miller] will be recognized for
20 minutes and the gentleman from Utah [Mr. Hansen] will be
recognized for 20 minutes.
---------------------------------------------------------------------------
32. Sonny Montgomery (MS).
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Richard] LEHMAN of California. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr. LEHMAN of California. Mr. Speaker, I am opposed to the bill
and would like to find out how it might be possible for me to get
time on this side from what is allocated.
The SPEAKER pro tempore. Is the gentleman from Utah [Mr.
Hansen] opposed to the motion?
Mr. [James] HANSEN [of Utah]. No, Mr. Speaker, I am not opposed
to the motion, and I am not opposed to the bill.
The SPEAKER pro tempore. The gentleman from California [Mr.
Lehman] will be recognized for 20 minutes.
The Chair recognizes the gentleman from California [Mr.
Miller].

Sec. 11.3 The chair of the Committee of the Whole customarily accords
priority in recognition to members of the reporting committee and
otherwise endeavors to alternate recognition between majority party
and minority party Members.

On July 20, 2000,⁽³³⁾ the following occurred:
---------------------------------------------------------------------------
33. 146 Cong. Rec. 15735, 106th Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [Charles] RANGEL [of New York]. Mr. Chairman, I offer an
amendment.
The CHAIRMAN pro tempore.⁽³⁴⁾ Will the gentleman
suspend?
---------------------------------------------------------------------------
34. Edward Pease (IN).
---------------------------------------------------------------------------

Mr. [James] KOLBE [of Arizona]. Mr. Chairman, I believe the
gentleman from New Jersey (Mr. Frelinghuysen), a member of the
committee, was on his feet.
The CHAIRMAN pro tempore. The gentleman is correct. The Chair
finds itself in the following position: I did not see the gentleman
from New Jersey. We have just considered a Republican amendment and
I was going to go to the most senior Democrat. But since the
gentleman from New Jersey is a member of the committee and asks to
be recognized, the gentleman from New Jersey will be recognized.

Amendment No. 6 Offered by Mr. Frelinghuysen

Mr. [Rodney] FRELINGHUYSEN [of New Jersey]. Mr. Chairman, I
offer an amendment No. 6.
The CHAIRMAN pro tempore. The Clerk will designate the
amendment.

Sec. 11.4 In recognizing Members to offer pro forma amendments under
the five-minute rule, the Chair: (1) endeavors to alternate between
majority party and minority party members (giving priority of
recognition to committee members); and (2) does not endeavor to
alternate between both sides of the question (having no knowledge
of whether specific Members oppose or support the pending
proposition).

On March 21, 1994,⁽³⁵⁾ the following occurred:
---------------------------------------------------------------------------
35. 140 Cong. Rec. 5730, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [Charles] TAYLOR of North Carolina. Mr. Chairman, I move to
strike the requisite number of words. . . .
The CHAIRMAN.⁽³⁶⁾ The Chair recognizes the gentleman
from California [Mr. Cunningham], a member of the committee.
---------------------------------------------------------------------------
36. David Price (NC).
---------------------------------------------------------------------------

Mr. TAYLOR of North Carolina. Mr. Chairman, is it possible to
have some support statements made on the floor, since most have
been negative?
The CHAIRMAN. The Chair is to give priority to members of the
committee and does not confer recognition by stated position on the
issue. The gentleman will be recognized in due course.

Mr. [Duke] CUNNINGHAM [of California]. Mr. Chairman, I move to
strike the requisite number of words.

Sec. 11.5 When the Committee of the Whole is reading a bill for
amendment under the five-minute rule, the Chair customarily accords
priority in recognition to members of the committee of
jurisdiction, but otherwise exercises discretion and may give
priority to the Majority Leader.

On July 28, 1993,⁽³⁷⁾ the following occurred:
---------------------------------------------------------------------------
37. 139 Cong. Rec. 17427, 17431, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Bill] RICHARDSON [of New Mexico]. Mr. Chairman, I move to
strike the requisite number of words.
(Mr. RICHARDSON asked and was given permission to revise and
extend his remarks.) . . .
Mr. [Richard] GEPHARDT [of Missouri]. Mr. Chairman, I move to
strike the requisite number of words.

parliamentary inquiry

Mr. [Dan] BURTON of Indiana. Mr. Chairman, I have a
parliamentary inquiry.
The CHAIRMAN.⁽³⁸⁾ The gentleman will state his
inquiry.
---------------------------------------------------------------------------
38. Cleo Fields (LA).
---------------------------------------------------------------------------

Mr. BURTON of Indiana. Mr. Chairman, there is a common courtesy
during debate under the 5-minute rule to go back and forth. I have
nothing against the majority leader. We just had somebody from the
majority side.
Mr. GEPHARDT. Mr. Chairman, I would be happy to yield back and
allow the gentleman to proceed.
The CHAIRMAN. Recognition is at the discretion of the Chair.
The Chair recognized the gentleman from Missouri as the majority
leader.
Mr. GEPHARDT. Mr. Chairman, I would be happy to make my
statement and then yield to the gentleman. . . .
Mrs. [Patsy] MINK [of Hawaii]. Mr. Chairman, I move to strike
the requisite number of words.

parliamentary inquiry

Mr. BURTON of Indiana. Mr. Chairman, I have a parliamentary
inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. BURTON of Indiana. Mr. Chairman, there is supposed to be a
modicum of fairness. This is the second time in just a short period
of time that the Chair recognized two Members on the Democrat side
of the aisle. The minority deserves fairness. The Chair is not
being fair.
If the Chair is not going to be fair, then we ought to just
walk off this floor.
The CHAIRMAN. Members of the reporting committee deserve the
right to be heard prior to other Members on the floor under the
precedent. The gentlewoman is on the committee. The other Member
that the Chair recognized was the majority leader.
The Chair would extend that same privilege to the minority
leader.
Mr. [William] FORD of Michigan. Mr. Chairman, will the
gentlewoman yield?
Mrs. MINK. I yield to the gentleman from Michigan.

Sec. 12. Non-Legislative Debate

While most debate in the House occurs in reference to a pending
legislative measure or matter, the House also observes periods of non-
legislative debate during which Members may discuss any topic they
desire. The House sets aside three periods for non-legislative debate:
morning hour debate⁽¹⁾ (conducted on certain days prior to
convening for legislative business); one-minute speeches⁽²⁾
(generally conducted after convening for legislative business but
before such business commences); and special-order
speeches⁽³⁾ (conducted at the end of the day, after
legislative business has concluded). All such non-legislative debate is
divided on the basis of party affiliation.⁽⁴⁾
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 951 (2017).
2. House Rules and Manual Sec. 950 (2017).
3. Id.
4. Parliamentarian's Note: In the 103d Congress, the House conducted a
series of ``Oxford-style'' debates that included a
predetermined schedule of topics and four participants from
each of the two parties. See, e.g., 140 Cong. Rec. 2244, 103d
Cong. 2d Sess. (Feb. 11, 1994). A similar format had been used
for a ``Lincoln-Douglas-style'' debate in the House, with one
Member acting as moderator and yielding to Members from each
party. See 139 Cong. Rec. 27312, 103d Cong. 1st Sess. (Nov. 3,
1993). These special debate formats for conducting non-
legislative debates between the parties have not been used
since that time. House Rules and Manual Sec. 952 (2017). See
also Deschler's Precedents Ch. 29 Sec. 73.24.
---------------------------------------------------------------------------

Morning hour debate began in the 103d Congress in 1994 and proceeds
pursuant to a unanimous-consent agreement negotiated by the party
leaderships.⁽⁵⁾ Although the content of such agreements has
varied over time, it has always been the case that the time is equally
divided between the parties.⁽⁶⁾ Recognition is conferred by
the Chair pursuant to lists submitted by the Majority Leader and
Minority Leader. No Member may speak for more than five minutes, except
for the Majority Leader, the Minority Leader, and the Majority and
Minority Whips.
---------------------------------------------------------------------------
5. See Deschler's Precedents Ch. 29 Sec. 73; Precedents (Wickham) Ch.
29; and House Rules and Manual Sec. 951 (2017).
6. See, e.g., 163 Cong. Rec. H29 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
---------------------------------------------------------------------------

One-minute speeches occur at the discretion of the Speaker and
generally take place when the House first convenes for legislative
business (following the prayer, business regarding the Journal, and the
pledge of allegiance).⁽⁷⁾ Since 1984, the Speaker has
followed an announced policy of alternating recognition between the two
parties⁽⁸⁾ (a policy reiterated in each subsequent
Congress).⁽⁹⁾
---------------------------------------------------------------------------
7. For more on one-minute speeches generally, see Deschler's
Precedents Ch. 21 Sec. 6, Deschler's Precedents Ch. 29
Sec. Sec. 73.1-73.11, Precedents (Wickham) Ch. 29, and House
Rules and Manual Sec. 950 (2017).
8. See 130 Cong. Rec. 22963, 98th Cong. 2d Sess. (Aug. 8, 1984). See
also Sec. 12.1, infra.
9. See, e.g., 163 Cong. Rec. H35 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
---------------------------------------------------------------------------

Special-order speeches occur at the end of the legislative day,
after legislative business has been concluded.⁽¹⁰⁾ As with
one-minute speeches, special-order speeches proceed as an exercise of
the Speaker's power of recognition, pursuant to policies announced to
the House at the beginning of a Congress.⁽¹¹⁾ These policies
have varied over time, but currently limit such speeches to four total
hours, divided between the majority and minority parties. Each party
may reserve its first hour for its respective leaderships. The
remaining time is divided into 30-minute (or less) segments and the
Chair alternates recognition between the two parties. The party
leaderships organize lists of Members to be recognized for special-
order speeches each day.
---------------------------------------------------------------------------
10. For more on special-order speeches generally, see Deschler's
Precedents Ch. 21 Sec. 7, Deschler's Precedents Ch. 29
Sec. Sec. 73.12-73.23, Precedents (Wickham) Ch. 29, and House
Rules and Manual Sec. 950 (2017).
11. See, e.g., 163 Cong. Rec. H35 [Daily Ed.], 115th Cong. 1st Sess.
(Jan. 3, 2017).
---------------------------------------------------------------------------

One-Minute Speeches

Sec. 12.1 In response to parliamentary inquiries, the Chair affirmed
that the regular procedure for recognizing Members for one-minute
speeches was to alternate between the two parties.⁽¹²⁾
---------------------------------------------------------------------------
12. Parliamentarian's Note: In this instance, the Majority Leader was
recognized for one-minute, but the Chair granted additional
time in consonance with the custom of allowing party leaders
unfettered debate. See Sec. 6, supra. The Majority Leader, in
an unusual move, took advantage of this opportunity to yield to
other members of his party, prompting the inquiry regarding the
policy of alternating between the parties.
---------------------------------------------------------------------------

On October 7, 1998,⁽¹³⁾ the following occurred:
---------------------------------------------------------------------------
13. 144 Cong. Rec. 24102, 24103, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽¹⁴⁾ The Chair will
entertain 15 1-minutes on each side.
---------------------------------------------------------------------------
14. Pete Sessions (TX) -------------------
---------------------------------------------------------------------------

PRESENTATION OF THE FREEDOM WORKS AWARD TO JOE WHITE, FOUNDER
OF KIDS ACROSS AMERICA

(Mr. ARMEY asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [Richard] ARMEY [of Texas]. . . .
Mr. Speaker, I yield to the gentleman from Missouri (Mr.
Blunt).
Mr. [Roy] BLUNT [of Missouri]. Mr. Speaker, I am pleased to be
here today as the Majority Leader recognizes Joe White, Joe White
from my district in southwest Missouri, Joe White with a doctors
degree from Southwest Baptist University, Joe White who has devoted
his life to kids. . . .
Mr. ARMEY. Mr. Speaker, again with your continued indulgence
and the graceful generosity of my colleagues on both sides of the
aisle, I yield to the gentleman from Kansas (Mr. Ryun).
Mr. [Jim] RYUN [of Kansas]. Mr. Speaker, let me first of all
add my congratulations to what Joe White has been able to do with
the program in Missouri. . . .

POINT OF ORDER

Mr. [Frank] PALLONE [of New Jersey]. Mr. Speaker, point of
order.
The SPEAKER pro tempore. The gentleman will state his point of
order.
Mr. PALLONE. No offense to the Majority Leader, Mr. Speaker,
but the procedure the way I understand it is that these are 1
minute speeches that alternate with each side, and I would ask that
the Speaker follow that procedure.
The SPEAKER pro tempore. The gentleman is correct. The Chair
will follow that procedure.

PRECEDENTS OF THE HOUSE
Ch. 3

INDEX-PARTY ORGANIZATION

Adjournment
Majority Leader authorized to offer motion to adjourn sine die,
Sec. 6.8
motion to adjourn sine die, Majority Leader authorized to offer,
Sec. 6.8
notification committees regarding sine die adjournment,
Sec. Sec. 3, 6
sine die adjournment, Majority Leader authorized to offer motion,
Sec. 6.8
Amendments
alternating recognition to offer by party in Committee of the
Whole, Sec. Sec. 11, 11.3, 11.4
amendments between the Houses, see Amendments Between the Houses
Chair's discretion regarding recognition to offer in Committee of
the Whole, Sec. Sec. 11, 11.5
disciplinary resolution amended to preserve party prerogatives,
Sec. Sec. 3, 3.1
distribution requirements for amendments in Committee of the Whole,
Sec. 11
motion to rise and report takes precedence over motion to amend,
Sec. 6
officers of the House, election resolution subject to amendment,
Sec. 2
Senate amendments, see Amendments Between the Houses
Amendments Between the Houses
Majority Leader, authorization to offer certain motions restricted
to, Sec. 6.14
motions to dispose of Senate amendments, debate time divided
between parties, Sec. 11
motions to dispose of Senate amendments, offering restricted to
Majority Leader, Sec. 6.14
Assembly of Congress
see Organization
Assistant Democratic Leader
announcements regarding selection, Sec. Sec. 2, 5, 6.1, 7.1
Bills and Resolutions
bill numbers reserved for party leaders, Sec. Sec. 6, 6.13
introduction of measures by party leaders required by statutory
rulemaking, Sec. 6
see Sponsorship
sponsors and cosponsors of legislation
Bipartisan Legal Advisory Group (BLAG)
composition, Sec. 5
Boards and Commission
appointments to made by party leaders, Sec. 6
party leaders' service on, Sec. 6
Budget
see, Committee on the Budget
Calendars
see Official Objectors
Caucus and Conference Rules
committee assignments, rules regarding, Sec. Sec. 1, 3, 3.2, 4, 8,
9
committee chairs, rules regarding conduct of, Sec. 1
Committee on Organization, Study, and Review (Democratic), role
regarding, Sec. 4
committee resignations, rules regarding, Sec. 8.3
conference committees, formation of, rules regarding, Sec. 1
earmarks, rules regarding, Sec. 1
election of officers of the House, rules regarding, Sec. 1
election of Speaker, rules regarding, Sec. 1
ethics, rules regarding, Sec. 1
expulsion from Caucus or Conference, supermajority requirement,
Sec. Sec. 1, 3
generally, Sec. Sec. 1, 3
instructing conferees, rules regarding, Sec. 1
limitations on committee service, rules regarding, Sec. 9
motion to instruct conferees, rules regarding, Sec. 1
motion to recommit, rules regarding, Sec. 1
notification requirements imposed by, Sec. 3
officers of the House, election of, rules regarding, Sec. 1
prohibiting otherwise permitted actions, Sec. 3
recommit, motion to, rules regarding, Sec. 1
resignation from committee, ``temporary'', rules regarding,
Sec. 8.3
restricting actions to party leaders, Sec. 3
rules of the House, relationship to, Sec. 1
Speaker of the House, rules regarding election of, Sec. 1
suspension of rules, Sec. 1
Caucus or Conference Chair
see Chair of Caucus or Conference
Censure
Caucus and Conference rules regarding, Sec. Sec. 1, 3, 3.1
Ceremonies
escort committees, party leaders' service on, Sec. Sec. 3, 6
Joint Congressional Committee on Inaugural Ceremonies, membership,
Sec. 8
notification committees, party leaders' service on, Sec. Sec. 3, 6
tributes to and from party leaders, Sec. 3
Chair of Caucus or Conference
announcement regarding Caucus and Conference meetings made by,
Sec. Sec. 3.4, 3.5
announcement regarding selection of floor leaders made by,
Sec. Sec. 2, 5, 6.1, 6.2, 6.5, 7.1
committee assignments, resolutions offered by, Sec. 4
generally, Sec. 1
meetings called by, Sec. 3
notification that Member has ceased Caucus or Conference
affiliation, Sec. Sec. 1, 8, 8.9
officers of the House, role in nominating candidates for, Sec. 2
organizational resolutions offered by, Sec. 1
Speaker of the House, role in nominating candidates for, Sec. 2
Speaker pro tempore, administration of the oath of office to,
Sec. 1
Speaker pro tempore, service as, Sec. 1
vice chair, announcement regarding selection of floor leaders made
by, Sec. Sec. 6.3, 7.3
Chamber
see House Chamber
Chaplain
election of, procedure, Sec. 2
Chief Administrative Officer
Director of Nonlegislative and Financial Services, functions
transferred from, Sec. 5.1
Clerk of the House
House records made public by, notification to Committee on House
Administration required, Sec. 10
Committee Assignments
see Committees
Committee Hearings
see Committees
Committee of the Whole
alternating recognition to offer amendments by party, Sec. Sec. 11,
11.3, 11.4
amendments, alternating recognition between parties to offer,
Sec. Sec. 11, 11.3, 11.4
amendments, Chair's discretion regarding recognition to offer,
Sec. Sec. 11, 11.5
amendments, distribution requirements, Sec. 11
Majority Leader authorized to offer motion to rise and report,
Sec. 6
motion to rise and report, Majority Leader's prerogatives
regarding, Sec. 6
motion to rise and report, precedence, Sec. 6
motion to waive restrictions on committees meeting during
consideration of measures in, Sec. 6
Committee on Ethics
Caucus and Conference rules addressing indictment or conviction of
members, Sec. Sec. 1, 3, 3.2
censure, see Censure
consultation requirements generally, Sec. 10
criminal indictments or conviction, consequences under Caucus or
Conference rules, Sec. Sec. 1, 3, 3.2
disciplinary resolution amended to preserve party prerogatives,
Sec. Sec. 3, 3.1
disqualifications and party affiliation, Sec. 10
limitations regarding service on, Sec. 9
party discipline, relationship to, Sec. 3
Select Committee on Ethics, Sec. 8.7
special membership requirements, Sec. 8
Committee on House Administration
Clerk notifies chair and ranking member when making House records
public, Sec. 10
Congressional Accountability Act, joint approval procedures for
chair and ranking member, Sec. 10
House records made public by Clerk, committee consultations
requirements, Sec. 10
Committee on Organization, Study, and Review (Democratic)
functions, Sec. 4
Committee on Oversight and Government Reform
depositions by staff, equitable access to minority required,
Sec. 10
oversight plans, consultations requirements regarding, Sec. 6
Committee on Policy (Republican)
functions, Sec. Sec. 4, 8
funding, Sec. 4
Committee on Rules
Caucus or Conference rules regarding membership on, Sec. 4
chair of, service limitations not applicable to, Sec. 9
motions to recommit, restrictions on reporting special orders,
Sec. 6
recommit, motions to, restrictions on reporting special orders,
Sec. 6
Committee on the Budget
Congressional Budget Act, consultation requirements regarding
``Member User Group,'' Sec. 6
limitations regarding service on, Sec. 9
special membership requirements, Sec. Sec. 8, 8.1
Committee on Ways and Means
chair as precursor to position of Majority Leader, Sec. 6
Joint Committee on Taxation, relationship to, Sec. 8
Committees
budget, see Committee on the Budget
chair of committee, duties exercised by vice chair, Sec. 8.2
chair of committee, election of, Sec. 8
chair of committee, limitations on service, Sec. 9
committee assignments as a tool of party discipline, Sec. Sec. 3,
3.1-3.3
committee assignments, Caucus and Conference rules regarding,
Sec. Sec. 1, 4, 8
committee assignments, effect of switching parties, Sec. 8
committee assignments generally, Sec. 8
committee assignments of independent Members, Sec. Sec. 8, 8.4, 8.5
committee assignments of third-party Members, Sec. 8
committee assignments, required notification by Caucus or
Conference chair, Sec. Sec. 1, 8, 8.9
committee assignments, requirement of party affiliation,
Sec. Sec. 8, 8.9
committee assignments, resolutions offered by Caucus or Conference
chair, Sec. 4
committee assignments, role of Democratic Steering and Policy
Committee, Sec. Sec. 4, 8
committee assignments, role of Republican Steering Committee,
Sec. Sec. 4, 8
committee assignments, Speaker's former authority regarding,
Sec. Sec. 4, 8
committee assignments vacated upon termination of party
affiliation, Sec. Sec. 8, 8.9
committee chairs, Caucus and Conference rules regarding conduct of,
Sec. 1
committee chair, duties performed by vice chair, Sec. 8.2
committee chairs, election of, Sec. 8
committee chairs, limitations on service, Sec. 9
committee chairs notified by Speaker that committee assignments
have been vacated, Sec. Sec. 8, 8.9
committee election resolution as privileged, Sec. Sec. 8, 8.2
committee meetings, former rule regarding motions to waive
restrictions on, Sec. 6
committee records, equitable access to, Sec. 10
committee reports, minority views filed with, Sec. 10
committee staff, Sec. 10
conference committees, see Conference Committees
Congressional Accountability Act, Committee on House Administration
joint approval requirements under, Sec. 10
Democratic Steering and Policy Committee, authority over committee
assignments, Sec. Sec. 4, 8
disclosure of classified information by Permanent Select Committee
on Intelligence, division of debate time, Sec. 10
escort committees, party leaders' service on, Sec. Sec. 3, 6
Ethics, see Committee on Ethics
hearings, consultation requirements regarding, Sec. 10
hearings, minority day, Sec. 10
hearings, time for extended questioning of witnesses equally
divided between parties, Sec. 10
House Administration, see Committee on House Administration
independent Members' committee assignments, Sec. Sec. 8, 8.4, 8.5
investigative reports, minority views filed with, Sec. 10
joint committees, see Joint Committees
limitations on service, Caucus or Conference rules regarding,
Sec. 9
limitations on service, House rules regarding, Sec. 9
Majority Leader traditionally does not serve on, Sec. Sec. 6, 8,
8.1
Minority Leader traditionally does not serve on, Sec. Sec. 6, 8,
8.1
notification committees, party leaders' service on, Sec. Sec. 3, 6
Oversight and Government Reform, see Committee on Oversight and
Government Reform
oversight reports, minority views filed with, Sec. 10
party affiliation as a requirement for committee membership,
Sec. Sec. 8, 8.9
party committees, see Party Committees and Groups
party ratios not determined by House rules, Sec. 9
party ratios on subcommittees, question of privilege regarding,
Sec. 9.1
Permanent Select Committee on Intelligence, see Permanent Select
Committee on Intelligence
records of, equitable access to, Sec. 10
removal from, Sec. 3.3
reports of, minority views filed with, Sec. 10
Republican Steering Committee, authority over committee
assignments, Sec. Sec. 4, 8
resignation from committee, Sec. Sec. 8.1, 8.3, 8.7
Rules, see Committee on Rules
size of not determined by House rules, Sec. 9
subcommittees, party ratios not determined by House rules, Sec. 9
subcommittees, party ratios on, question of privilege regarding,
Sec. 9.1
Speaker traditionally does not serve on, Sec. 8
Speaker's former authority regarding committee assignments,
Sec. Sec. 4, 8
staff of committees, Sec. 10
term limits regarding service on, Sec. Sec. 1, 9
third-party Members' committee assignments, Sec. 8
vacating committee assignments upon termination of party
affiliation, Sec. Sec. 8, 8.9
vice chair of committee authorized to exercise duties of chair,
Sec. 8.2
Ways and Means, see Committee on Ways and Means
Congressional Accountability Act
see Committees on House Administration
Congressional Budget Act
see Committee on the Budget
Congressional Earmarks
see Earmarks
Congressional Record
Majority Leader granted authority to extend remarks in,
Sec. Sec. 6, 6.7
official objectors' policy statement submitted for publication in,
Sec. 4
schedule of House activity submitted by Majority Leader for
publication in, Sec. 6
Speaker granted authority to extend remarks in, Sec. Sec. 6, 6.7
Speaker's announced policies submitted for publication in, Sec. 6
Conference Committees
appointment, Speaker's authority regarding, Sec. Sec. 6, 6.10
Caucus and Conference rules regarding formation of, Sec. 1
conference reports, debate time on divided between parties, Sec. 11
conference reports, disposing of Senate amendments reported in
disagreement, see Amendments Between the Houses and Motions
conference report on budget resolution, see Committee on the Budget
consultation with minority party regarding appointments to,
Sec. Sec. 6, 6.11
instructing conferees, priority to offer motion, Sec. Sec. 11, 11.1
Majority Leader's appointment to, Sec. Sec. 6, 6.10
motions to instruct conferees, Caucus and Conference rules
regarding, Sec. 1
motions to instruct conferees, debate time on divided between
parties, Sec. 11
motions to instruct conferees, priority to offer, Sec. Sec. 11,
11.1
removal of Members from, parliamentary inquiries regarding,
Sec. 8.6
removal of Members from, Speaker's authority regarding, Sec. 8.6
reports, debate time on divided between parties, Sec. 11
reports, disposing of Senate amendments reported in disagreement,
see Amendments Between the Houses and Motions
Republican Conference committees, see Republican Conference
Speaker's authority to appoint Members to, Sec. Sec. 6, 6.10
Speaker's consultation with minority party regarding appointments
to, Sec. Sec. 6, 6.11
Conference Reports
see Conference Committees
Consent Calendar
see Official Objectors
Criminal Indictments and Convictions
see Committee on Ethics
Democratic Caucus
announcements by party leaders, Sec. Sec. 3, 3.4
Caucus rules, see Caucus and Conference Rules
chair of Caucus, see Chair of Caucus or Conference
duties and functions, Sec. Sec. 1, 3
escort committees, party leaders' service on, Sec. Sec. 3, 6
expulsion from, Sec. Sec. 1, 3
former rule on binding Caucus decisions, Sec. 3
notification committees, party leaders' service on, Sec. Sec. 3, 6
party officials and employees not subject to House rule on service
of process, Sec. 3
Democratic Congressional Campaign Committee
functions, Sec. 4
Democratic Party
history, Sec. 1
House Democratic Caucus, see Democratic Caucus
party committees, see Party Committees and Groups
Democratic Steering and Policy Committee
committee assignments, authority over, Sec. Sec. 4, 8
functions, Sec. Sec. 4, 8
funding, Sec. Sec. 4, 4.1
Director of Nonlegislative and Financial Services
abolition of office, Sec. 5.1
appointment, Sec. 5.1
Chief Administrative Officer, transfer of functions to, Sec. 5.1
Division of the Question for Voting
see Voting
Earmarks
Caucus and Conference rules regarding, Sec. 1
Election Campaigns
see Democratic Congressional Campaign Committee and National
Republican Congressional Committee
Ethics
see Committee on Ethics
Floor Leaders
see Majority Leader and Minority Leader
House Chamber
Caucus or Conference meetings held in, Sec. 3.5
House Democratic Caucus
see Democratic Caucus
House Leadership
Bipartisan Legal Advisory Group (BLAG), composition of, Sec. 5
compensation, Sec. Sec. 5, 5.3-5.5
definition, Sec. 5
ethics rules requiring temporary step aside from leadership
positions, Sec. 1
floor privileges of leadership staff, Sec. Sec. 2, 5
generally, Sec. 5
lobbying restrictions, Sec. 5
Speaker's relationship to, Sec. 5
special order speeches, prerogatives regarding recognition, Sec. 12
staff transfers, Sec. Sec. 5.6, 5.7
House Republican Conference
see Republican Conference
Independent Members
see Third-Party and Independent Members
Inspector General
appointment, Sec. Sec. 5, 5.2
Instruct Conferees, Motions to
see Motions
Joint Committees
appointments made by Speaker, Sec. 6
Joint Committee on Taxation, membership requirements, Sec. 8
Joint Committee on Taxation, relationship to Committee on Ways and
Means, Sec. 8
Joint Congressional Committee on Inauguration ceremonies,
membership, Sec. 8
Joint Economic Committee, membership requirements, Sec. 8
Speaker's authority to appoint Members to, Sec. 6
Joint Sessions
escort committees, party leaders' service on, Sec. Sec. 3, 6
Leadership
see House Leadership
Majority Leader
amendments between the Houses, motions to dispose of restricted to,
Sec. 6.14
amendments in Committee of the Whole, discretionary authority to
give priority in recognition to, Sec. Sec. 11, 11.5
announcements regarding selection of, Sec. Sec. 2, 5, 6, 6.1, 6.3,
6.5, 7.1, 7.3
announcements regarding the House schedule made by, Sec. Sec. 6,
6.17
appointment to conference committee, Sec. Sec. 6, 6.10
appointment to select committee made by, authorization by special
rule, Sec. 8.7
bill numbers reserved for, Sec. Sec. 6, 6.13
committees, traditionally does not serve on, Sec. Sec. 6, 8, 8.1
compensation, Sec. Sec. 5, 5.3-5.5
conference committee, appointment to, Sec. Sec. 6, 6.10
Congressional Record, authority granted to extend remarks in,
Sec. Sec. 6, 6.7
Congressional Record, insertion regarding the House schedule
submitted by, Sec. 6
consultation requirements generally, Sec. 6
debate time, tradition regarding, Sec. Sec. 6, 6.18-6.21
Director of Nonlegislative and Financial Services, role in
appointing, Sec. 5.1
election of, Sec. 5
generally, Sec. Sec. 5, 6
history, Sec. 6
Inspector General, role in appointing, Sec. Sec. 5, 5.2
Joint Congressional Committee on Inauguration ceremonies, service
on, Sec. 8
morning-hour debate, prerogatives regarding recognition, Sec. 12
morning-hour debate, role in scheduling speakers, Sec. 12
motion to rise and report from Committee of the Whole, authority to
offer, Sec. 6
motion to waive restrictions on committee meetings, authority to
offer, Sec. 6
motions to dispose of amendments between the Houses restricted to,
Sec. 6.14
oversight plans, consultations requirements regarding, Sec. 6
questions of privilege, prerogatives regarding, Sec. Sec. 6, 6.9
quorum failure report, consultation requirements, Sec. 6
resignation from committee, Sec. 8.1
rules of the House, role in offering resolution adopting, Sec. 6
schedule colloquy, participation in, Sec. Sec. 6, 6.17
secret sessions, allocation of debate time, Sec. 6.12
select committee, appointment to authorized by special rule,
Sec. 8.7
Speaker pro tempore, service as, Sec. 6
staff transfers, Sec. Sec. 5.6, 5.7
statutory rulemaking, requirements and prerogatives under, Sec. 6
suspension of rules, scheduling measures for consideration by,
Sec. 6
unanimous-consent requests, policy of consultation, Sec. Sec. 6,
6.22, 6.23
vacancies, Sec. Sec. 6, 6.3, 6.5, 7.3
Majority Whip
announcements regarding House schedule made by, Sec. 6.16
announcements regarding selection of, Sec. Sec. 2, 5, 6.1, 6.3,
7.1-7.3
compensation, Sec. Sec. 5, 5.3-5.5
election of, Sec. 5
generally, Sec. Sec. 5, 7
morning-hour debate, prerogatives regarding recognition, Sec. 12
resignation, Sec. 6.4
staff transfers, Sec. Sec. 5.6, 5.7
vacancies, Sec. Sec. 6.3, 6.4, 7.3
Minority Employees
compensation, Sec. 2
floor privileges of, Sec. 2
officers of the House, relationship to, Sec. 2
Minority Leader
announcements regarding selection of, Sec. Sec. 2, 5, 6, 6.1, 6.2,
7.1
bill numbers reserved for, Sec. Sec. 6, 6.13
committees, traditionally does not serve on, Sec. Sec. 6, 8, 8.1
compensation, Sec. Sec. 5, 5.3-5.5
conference committees, removal of Members from, consultation
regarding, Sec. 8.6
consultation requirements generally, Sec. 6
debate time, tradition regarding, Sec. Sec. 6, 6.18-6.21
Director of Nonlegislative and Financial Services, role in
appointing, Sec. 5.1
drug-testing program, consultation requirements regarding
establishment of, Sec. 6
election of, Sec. 5
generally, Sec. Sec. 5, 6
Inspector General, role in appointing, Sec. Sec. 5, 5.2
Joint Congressional Committee on Inauguration ceremonies, service
on, Sec. 8
``Member User Group'' under the Congressional Budget Act,
consultation requirements, Sec. 6
morning-hour debate, prerogatives regarding recognition, Sec. 12
morning-hour debate, role in scheduling speakers, Sec. 12
motions to recommit, priority in recognition to offer, Sec. Sec. 6,
6.15, 11
oversight plans, consultations requirements regarding, Sec. 6
Permanent Select Committee on Intelligence, ex officio service on,
Sec. 8
pocket veto, response to assertion of authority, Sec. 6
questions of privilege, prerogatives regarding, Sec. Sec. 6, 6.9
quorum failure report, consultation requirements, Sec. 6
recommit, motions to, priority in recognition to offer,
Sec. Sec. 6, 6.15, 11
removal of Members from conference committee, consultation
regarding, Sec. 8.6
schedule colloquy, participation in, Sec. Sec. 6, 6.17
Speaker of the House, candidate for, Sec. 2
Speaker of the House, role in presenting successful candidate to
the membership, Sec. Sec. 2, 6
staff transfers, Sec. 5.7
statutory rulemaking, requirements and prerogatives under, Sec. 6
unanimous-consent requests, policy of consultation, Sec. Sec. 6,
6.22, 6.23
vacancies, Sec. Sec. 6, 6.2
Vice President, Minority Leader elected to the office of,
Sec. Sec. 6, 6.2, 6.6
Minority Whip
announcements regarding selection of, Sec. Sec. 2, 5, 6.1, 7.1, 7.4
compensation, Sec. Sec. 5, 5.3-5.5
election of, Sec. 5
generally, Sec. Sec. 5, 7
motion to recommit offered by, Sec. 6.15
secret sessions, allocation of debate time, Sec. 6.12
staff transfers, Sec. 5.7
Motions
adjournment sine die, offering of motion restricted to Majority
Leader, Sec. 6.8
amendments between the Houses, debate time on motions to dispose of
divided by party, Sec. 11
amendments between the Houses, motions to dispose of restricted to
Majority Leader, Sec. 6.14
committee meetings, former rule regarding motions to waive
restrictions on, Sec. 6
disposing of Senate amendments, debate time divided between
parties, Sec. 11
disposing of Senate amendments, offering restricted to Majority
Leader, Sec. 6.14
instruct conferees, motions to, Caucus and Conference rules
regarding, Sec. 1
instruct conferees, motions to, debate time divided between
parties, Sec. 11
instruct conferees, motions to, priority to offer, Sec. Sec. 11,
11.1
recommit, motions to, Caucus and Conference rules regarding, Sec. 1
recommit, motions to, Minority Leader's priority in recognition to
offer, Sec. Sec. 6, 6.15, 11
recommit, motions to, Minority Whip recognized to offer, Sec. 6.15
recommit, motions to, restrictions on special orders of business
regarding, Sec. 6
rise and report from Committee of the Whole, Majority Leader's
authority to offer, Sec. 6
statutory rulemaking, prerogatives of party leaders to offer
certain motions under, Sec. 6
National Republican Congressional Committee
functions, Sec. 4
Non-legislative Debate
alternating recognition between the parties, Sec. Sec. 11, 12
morning-hour debate, prerogatives of floor leaders, Sec. 11
morning-hour debate, recognition by party, Sec. 11
one-minute speeches, parliamentary inquiries regarding, Sec. 12.1
one-minute speeches, policy of alternating recognition by parties,
Sec. Sec. 12, 12.1
schedule colloquy, see Schedule Colloquy
special order speeches, policies regarding recognition by party,
Sec. 12
Oath of Office
Speaker of the House, administration to at organization, Sec. 2
Speaker pro tempore, administration of by Caucus or Conference
chair, Sec. 1
Official Objectors
announcement regarding selection of, Sec. 4
calendar system, relationship to, Sec. 4
Congressional Record, objectors' policies submitted for publication
in, Sec. 4
Consent Calendar, use of objectors for consideration of measures
on, Sec. 4
generally, Sec. 4
policy statements by, Sec. 4
Private Calendar, use of objectors for consideration of measures
on, Sec. 4
Officers, Officials, and Employees of the House
Chaplain, election of, procedure, Sec. 2
Chief Administrative Officer, functions of Director of
Nonlegislative and Financial Services transferred to, Sec. 5.1
Clerk, see Clerk of the House
Director of Nonlegislative and Financial Services, abolition of
office, Sec. 5.1
Director of Nonlegislative and Financial Services, appointment of,
Sec. 5.1
division of the question, resolution electing officers subject to,
Sec. 2
election of officers, Caucus and Conference rules regarding, Sec. 1
election of officers, procedure at organization, Sec. 2
Inspector General, appointment of, Sec. Sec. 5, 5.2
nominations for House officers submitted by Caucus and Conference
chair, Sec. 2
Sergeant-at-Arms, see Sergeant-at-Arms
Speaker, see Speaker of the House
tributes to by party leaders, Sec. 3
Organization
notification committees regarding assembly, Sec. Sec. 3, 6
officers of the House, nominations submitted by Caucus and
Conference chair, Sec. 2
organizational caucuses, see Organizational Caucuses
parties, role of, Sec. 2
Speaker of the House, nominations submitted by parties, Sec. 2
Organizational Caucuses
floor leaders, role of, Sec. 2
generally, Sec. 2
reimbursements related to, Sec. Sec. 2, 2.2
timing, Sec. Sec. 2, 2.1, 2.2
Parliamentary Inquiries
committee election resolution as privileged, inquiries regarding,
Sec. 8.2
conference committees, removal of Members from, inquiries
regarding, Sec. 8.6
cosponsor, party membership of, inquiries regarding, Sec. 1.1
one-minute speeches, inquiries regarding recognition by party,
Sec. 12.1
party leaders, tradition regarding allocation of debate time,
inquiries regarding, Sec. Sec. 6.18-6.21
privilege of committee election resolution, inquiries regarding,
Sec. 8.2
removal of Members from conference committee, inquiries regarding,
Sec. 8.6
unanimous-consent requests, policy of consultation, inquiries
regarding, Sec. 6.23
Party Committees and Groups
committees on committees, Sec. Sec. 4, 8
Committee on Organization, Study, and Review (Democratic), Sec. 4
Committee on Policy (Republican), Sec. Sec. 4, 8
Democratic Congressional Campaign Committee, Sec. 4
Democratic Steering and Policy Committee, Sec. Sec. 4, 8
National Republican Congressional Committee, Sec. 4
Republican Steering Committee, Sec. 4
Party Leaders
see Majority Leader and Minority Leader
Permanent Select Committee on Intelligence
classified information, debate on disclosure divided between
parties, Sec. 10
committee assignments, special requirements for, Sec. 8
limitations regarding service on, Sec. 9
membership rules changed by unanimous consent, Sec. 8.8
Minority Leader, ex officio service on, Sec. 8
Pocket Vetoes
see Vetoes
President and Vice President
escort committees for joint sessions, Sec. Sec. 3, 6
Minority Leader nominated and confirmed as Vice President,
Sec. Sec. 6, 6.2, 6.6
pocket veto authority, assertion of, Sec. 6
Private Calendar
see Official Objectors
Privileged Questions
committee assignment vacated by resolution, Sec. 3.3
committee election resolution offered by the direction of party
caucus, Sec. Sec. 8, 8.4, 8.5
committee election resolution providing vice chair exercise duties
of chair, Sec. 8.3
committee meetings, former rule regarding motions to waive
restrictions on, Sec. 6
disciplinary resolution, Sec. 3.1
leadership expenses, resolution increasing, Sec. 5.3
motion to waive restrictions on committee meetings, former rule
regarding, Sec. 6
motions to dispose of amendments between the Houses restricted to
Majority Leader, Sec. 6.14
Questions of Privilege
notification requirements not applicable to party leaders, Sec. 6
party leaders' prerogatives regarding, Sec. Sec. 6, 6.9
party ratios on subcommittees, resolution regarding, Sec. 9.1
restrictions on use by Members other than party leaders, Sec. 6.9
subcommittee party ratios, resolution regarding, Sec. 9.1
Quorums and Quorum Calls
catastrophic quorum failure report issued by Sergeant-at-Arms,
Sec. 6
Recess
Caucus or Conference meetings held during, Sec. 3.5
Recommit, Motions to,
see Motions
Republican Conference
announcements by party leaders, Sec. 3
chair of Conference, see Chair of Caucus or Conference
Conference rules, see Caucus and Conference Rules
duties and functions, Sec. Sec. 1, 3
escort committees, party leaders' service on, Sec. Sec. 3, 6
expulsion from, Sec. Sec. 1, 3
notification committees, party leaders' service on, Sec. Sec. 3, 6
party officials and employees not subject to House rule on service
of process, Sec. 3
Republican Party
history, Sec. 1
House Republican Conference, see Republican Conference
party committees, see Party Committees and Groups
Republican Steering Committee
committee assignments, authority over, Sec. 4
funding, Sec. 4.1
Resignation
committee resignations, Sec. Sec. 8.1, 8.3, 8.7
Majority Whip, Sec. 6.4
Rise and Report, Motions to
see Motions
Rules of the Caucus or Conference
see Caucus and Conference Rules
Rules of the House
Caucus and Conference rules, relationship to, Sec. 1
committee size not determined by, Sec. 9
Majority Leader's role in offering resolution adopting, Sec. 6
party ratios on committees and subcommittees not determined by,
Sec. 9
resolution adopting offered by Majority Leader, Sec. 6
service of process rules inapplicable to party officials and
employees, Sec. 3
statutory rulemaking, requirements and prerogatives of party
leaders under, Sec. 6
suspension of rules, Caucus and Conference rules regarding, Sec. 1
suspension of rules, Majority Leader's role regarding scheduling,
Sec. 6
suspension of rules, priorities in recognition, Sec. Sec. 11, 11.2
Schedule Colloquy
Majority Leader or designee participates in, Sec. Sec. 6, 6.17
Minority Leader or designee participates in, Sec. Sec. 6, 6.17
Secret Sessions
debate time divided between Majority Leader and Minority Whip by
unanimous consent, Sec. 6.12
Select Committees
appointments to, Majority Leader authorized by special rule,
Sec. 8.7
appointments to, Speaker's authority, Sec. 6
Ethics, Select Committee on, Sec. 8.7
Majority Leader authorized to make appointment by special rule,
Sec. 8.7
Permanent Select Committee on Intelligence, see Permanent Select
Committee on Intelligence
resignation from Select Committee on Ethics, Sec. 8.7
Speaker's authority to appoint Members to, Sec. 6
Senate Amendments
see Amendments Between the Houses and Motions
Sergeant-at-Arms
quorum failure report issued by, Sec. 6
Service of Process
party officials and employees not covered by House rule, Sec. 3
Sine Die
see Adjournment
Speaker of the House
announced policies submitted to the Congressional Record by, Sec. 6
appointment of replacements when Members are disqualified from
ethics cases, Sec. 10
appointments to conference committees, authority regarding,
Sec. Sec. 6, 6.10
appointments to joint committees, authority regarding, Sec. 6
appointments to select committees, authority regarding, Sec. 6
Bipartisan Legal Advisory Group (BLAG), service on, Sec. 5
committee assignments, former authority regarding, Sec. Sec. 4, 8
committees, Speaker traditionally does not serve on, Sec. 8
compensation, Sec. Sec. 5, 5.3-5.5
conference committees, authority to appoint Members to,
Sec. Sec. 6, 6.10
conference committees, authority to remove Members from, Sec. 8.6
conference committees, consultation with minority regarding
appointments to, Sec. Sec. 6, 6.11
Congressional Record, authority granted to extend remarks in,
Sec. Sec. 6, 6.7
debate, participation by, Sec. 1
debate time, tradition regarding, Sec. Sec. 6, 6.18-6.21
disqualifications in ethics cases, authority to appoint
replacements, Sec. 10
drug-testing program, requirement of consultation with Minority
Leader, Sec. 6
election of, Caucus and Conference rules regarding, Sec. 1
election of, party leaders' service on escort committees,
Sec. Sec. 3, 6
emergency recess authority, requirement of consultation with
Minority Leader, Sec. 6
escort committees, party leaders' service on, Sec. Sec. 3, 6
ethics cases, disqualifications, authority to appoint replacements,
Sec. 10
floor leader, prior service as, Sec. 1
House leadership, relationship to, Sec. 5
Inspector General, role in appointing, Sec. Sec. 5, 5.2
institutional role, Sec. 1
joint committees, authority to appoint Members to, Sec. 6
Joint Congressional Committee on Inauguration ceremonies, service
on, Sec. 8
nominations submitted by parties at organization, Sec. 2
nominations submitted by third parties, Sec. 2
notification to committee chairs that committee assignments have
been vacated, Sec. Sec. 8, 8.9
oversight plans, consultations requirements regarding, Sec. 6
pocket veto, response to assertion of authority, Sec. 6
quorum failure report, requirement to consult with floor leaders
regarding content of, Sec. 6
recess authority, requirement of consultation with Minority Leader,
Sec. 6
relationship to party, Sec. 1
removal of Members from conference committees, Sec. 8.6
select committees, authority to appoint Members to, Sec. 6
Speaker pro tempore, Caucus or Conference chair administers oath of
office to, Sec. 1
Speaker pro tempore, Caucus or Conference chair serving as, Sec. 1
Speaker pro tempore, Majority Leader serving as, Sec. 6
Speaker's announced policies submitted to the Congressional Record,
Sec. 6
Speaker's gavel present by Minority Leader upon election,
Sec. Sec. 2, 6
voting by, Sec. 1
Speaker pro tempore
see Speaker of the House
Special Orders of Business
Caucus and Conference rules regarding, Sec. 1
motions to recommit, restrictions regarding, Sec. 6
recommit, motions to, restrictions regarding, Sec. 6
Sponsorship
cosponsors of legislation, party membership of, parliamentary
inquiries regarding, Sec. 1.1
Statutory Rulemaking
see Rules of the House
Subcommittees
see Committees
Subpoenas
see Service of Process
Suspension of Rules
see Rules of the House
Third-Party and Independent Members
committee assignments, requirement of party affiliation,
Sec. Sec. 8, 8.4, 8.5
floor leaders, electing, Sec. Sec. 5, 6
Speaker, nominating candidates for, Sec. 2
Unanimous Consent
committee membership rules changed by, Sec. 8.8
Majority Leader's role in negotiating agreements and requests,
Sec. 6
requests for the consideration of legislation cleared with floor
leaders, Sec. Sec. 6, 6.22, 6.23
secret session, request to allocate debate time between party
leaders, Sec. 6.12
select committee membership rules changed by, Sec. 8.8
Vetoes
Minority Leader's response to assertion of pocket veto authority,
Sec. 6
pocket vetoes, Speaker's and Minority Leader's response, Sec. 6
Speaker's response to assertion of pocket veto authority, Sec. 6
Voting
Chaplain, traditional unanimous election of, Sec. 2
division of the question, resolution electing officers subject to,
Sec. 2
expulsion from Caucus or Conference, supermajority requirement,
Sec. Sec. 1, 3
officers of the House, division of the question on resolution
electing, Sec. 2
officers of the House, resolution electing traditionally adopted by
voice vote, Sec. 2
Speaker's right to vote, Sec. 1
voice vote, election of officers traditionally proceeds by, Sec. 2
Ways and Means
see Committee on Ways and Means

CHAPTER 4

House Facilities and Capitol Grounds
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Commentary and editing by Andrew S. Neal, J.D. and Max A. Spitzer,
J.D., LL.M.
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A. Hall of the House

Sec. 1. Control of the Hall of the House Generally

Sec. 2. The Electronic Voting System; Legislative
Call System

Sec. 3. Audio-Visual Broadcast of House Proceedings

Sec. 4. Galleries

Sec. 5. Admission to the House Floor

Sec. 6. Former Members' Floor Privileges

B. Capitol Grounds

Sec. 7. The Capitol Complex

Sec. 8. House Office Buildings

Sec. 9. The Capitol Visitor Center

Sec. 10. The Senate Chamber

House Facilities and Capitol Grounds

A. Hall of the House

Sec. 1. Control of the Hall of the House Generally

The Hall of the House consists of the House Chamber and its
galleries, as well as cloakrooms for each party organization. The rules
of the House confer wide discretion on the Speaker to administer the
Hall of the House. Use of the Hall of the House is governed by various
House rules and precedents and Federal statutes.⁽¹⁾ Clause 3
of rule I⁽²⁾ provides that, ``[t]he Speaker shall have
general control of the Hall of the House, the corridors and passages in
the part of the Capitol assigned to the use of the House, and the
disposal of unappropriated rooms in that part of the Capitol.''
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1. See, e.g., 2 U.S.C. Sec. Sec. 1801 et seq.; 2 U.S.C. Sec. Sec. 2001
et seq.; and 2 U.S.C. Sec. Sec. 2201 et seq.
2. House Rules and Manual Sec. 623 (2017).
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Clause 1 of rule IV⁽³⁾ provides that the Hall of the
House shall be used for legislative business only (including caucus
meetings of the parties),⁽⁴⁾ with the exception of
authorized ceremonial events.⁽⁵⁾ Traditionally, ceremonies
of a religious nature have not been permitted in the House
Chamber.⁽⁶⁾
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3. House Rules and Manual Sec. 677 (2017).
4. See Sec. 1.11, infra.
5. See Deschler's Precedents Ch. 36. For an example of the House
refusing to allow the House Chamber to be used for certain
entertainment purposes, see Deschler's Precedents Ch. 4
Sec. 3.2.
6. See Sec. 1.12, infra.
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In addition to the House rules, the Speaker has often inserted into
the Congressional Record certain policy statements regarding
appropriate use of the House Chamber and the comportment of Members,
officers, and employees within the Chamber and the halls leading
thereto.⁽⁷⁾ Such policy statements typically address the
exercise of floor privileges,⁽⁸⁾ the conduct of votes using
the Chamber's electronic voting system,⁽⁹⁾ the distribution
of handouts and other material on the House floor,⁽¹⁰⁾ the
use of electronic devices on the floor⁽¹¹⁾ and the status of
the Chamber when the House is not in session.⁽¹²⁾
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7. See, e.g., 161 Cong. Rec. H33-H35 [Daily Ed.], 114th Cong. 1st
Sess. These policy statements are applicable for the entirety
of that particular Congress.
8. See Sec. 5, infra.
9. See Sec. 2, infra.
10. See Sec. 1, infra.
11. Id.
12. Id.
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The Speaker has also made ad hoc announcements from time to time
regarding the exercise of the Speaker's discretionary authority over
control of the Chamber. For example, the Speaker has announced a policy
of ensuring unimpeded access to the floor to Members during votes and
quorum calls.⁽¹³⁾ The Speaker has permitted interview tables
to be established by the press in the Speaker's Lobby, just outside the
Chamber.⁽¹⁴⁾ The Speaker has responded to parliamentary
inquiries regarding thermostat settings inside the
Chamber,⁽¹⁵⁾ and has refused to entertain a unanimous-
consent request regarding ceremonial displays that might interfere with
the Speaker's discretionary authorities.⁽¹⁶⁾ While the
Speaker does exercise considerable authority over the use of the
Chamber, the Chair has no unilateral authority to order the Chamber
doors to be locked (although clause 4(a) of rule XX⁽¹⁷⁾
authorizes the Speaker to have the doors closed during certain votes
and quorum calls).⁽¹⁸⁾ When repairs or renovations to the
Chamber have occurred, the Speaker has made remarks to the body on the
nature of such improvements.⁽¹⁹⁾
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13. See Sec. 1.1, infra.
14. See Sec. 1.5, infra.
15. See Sec. 1.2, infra.
16. See Sec. 1.4, infra.
17. House Rules and Manual Sec. 1019 (2017).
18. See Sec. 1.6, infra.
19. See Sec. 1.7, infra.
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The Capitol building and the Hall of the House itself have been the
site of numerous security incidents in recent years, including a 1998
shooting of Capitol Police officers. These types of security incidents
have generally been the impetus for closed security
briefings⁽²⁰⁾ held in the House Chamber (or elsewhere in the
Capitol complex).⁽²¹⁾ The 1998 shootings led to a gathering
of the party caucuses in the House Chamber for Members to receive a
briefing by the Sergeant-at-Arms and the Chief of the Capitol Police on
the security developments.⁽²²⁾ The terrorist attacks of
September 11, 2001, prompted a variety of classified security
briefings.⁽²³⁾ Other periodic security briefings have been
held in the Chamber,⁽²⁴⁾ in the Capitol Visitor
Center,⁽²⁵⁾ and in the House office
buildings.⁽²⁶⁾ The House has recessed in order to conduct
emergency evacuation drills.⁽²⁷⁾ The House has also
responded to other safety concerns, such as fire safety in the Capitol
and House office buildings,⁽²⁸⁾ asbestos
leaks,⁽²⁹⁾ and earthquakes.⁽³⁰⁾
---------------------------------------------------------------------------
20. Parliamentarian's Note: Security briefings held in the Chamber
during a recess of the House or periods of adjournment should
be distinguished from secret sessions of the House, which are
formal (closed) meetings of the House to discuss sensitive
(often classified) material. When such secret sessions occur,
the Chamber is appropriately prepared to ensure secrecy_a
security sweep by the Sergeant-at-Arms and/or the Capitol
Police is conducted, and the galleries are cleared. The
addition of the Capitol Visitor Center has reduced the need to
use the Chamber for security briefings. For more on secret
sessions of the House, see Deschler's Precedents Ch. 29 Sec. 85
and Precedents (Wickham) Ch. 1. For earlier briefings on topics
such as the progress of World War II (not held in the House
Chamber), see Deschler's Precedents Ch. 1 Sec. Sec. 4.3-4.6.
For a discussion of meeting outside the Hall of the House, see
Precedents (Wickham) Ch. 1 Sec. 10. For a more comprehensive
list of security briefings held in the Chamber (and elsewhere),
see Precedents (Wickham) Ch. 1 Sec. 10.
21. See Division B, infra.
22. See Sec. 1.13, infra.
23. For an announcement that a classified briefing for Members would be
presented in the House Chamber during a recess under clause 12
of rule I, see, e.g., 147 Cong. Rec. 16761, 107th Cong. 1st
Sess. (Sept. 12, 2001). Other briefings occurred on September
13, September 14, September 25, and October 3, 2001.
24. See Sec. 1.14, infra.
25. See Sec. 9.3, infra.
26. See Sec. 1.15, infra.
27. See Sec. 1.10, infra.
28. See Sec. 1.8, infra.
29. See Sec. 1.21, infra.
30. Parliamentarian's Note: On August 23, 2011, the Senate was supposed
to meet at 2:30 p.m. in pro forma session. An earthquake
occurred in the Washington, D.C., area around 1:50 p.m.,
causing the Senate to meet in pro forma session at the nearby
Postal Square Building. See Sec. 10.9, infra.
---------------------------------------------------------------------------

As use of the House Chamber touches many facets of House procedure,
the reader is also encouraged to consult the various precedents
relating to ceremonies,⁽³¹⁾ the functions of House officers,
officials, and staff,⁽³²⁾ and the assembly and convening of
the House.⁽³³⁾
---------------------------------------------------------------------------
31. See Deschler's Precedents Ch. 36 and Precedents (Wickham) Ch. 36.
32. See Deschler's Precedents Ch. 6 and Precedents (Wickham) Ch. 6.
33. See Deschler's Precedents Ch. 1 and Precedents (Wickham) Ch. 1.
---------------------------------------------------------------------------

In General

Sec. 1.1 The Speaker announced that he had directed corridors to the
Chamber to be cleared during roll call votes and quorum calls to
ensure Members unimpeded access to the floor at those times.

On January 15, 1979,⁽³⁴⁾ the following announcement was
made regarding access to the House Chamber:
---------------------------------------------------------------------------
34. 125 Cong. Rec. 19, 96th Cong. 1st Sess.; House Rules and Manual
Sec. 623 (2017).
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³⁵⁾ Pursuant to clause 3, rule 1, the
Chair desires to announce that he has instructed the
Doorkeeper⁽³⁶⁾ and the Sergeant at Arms of the House to
assure that Members will have unimpeded access to the Chamber
especially during rollcall votes and quorum calls. Due to the
relative brevity of the period during which Members may be recorded
and because Members for obvious reasons are entitled to unhindered
access to any door of the Chamber from the elevators and corridors,
the Chair has directed that these instructions be strictly
enforced.
---------------------------------------------------------------------------
35. Thomas O'Neill (MA).
36. Parliamentarian's Note: The Doorkeeper's duties have now been
transferred to the Sergeant-at-Arms. See House Rules and Manual
Sec. 663a (2017). See also Precedents (Wickham) Ch. 6.
---------------------------------------------------------------------------

Sec. 1.2 Following the raising of thermostat controls in the House
Chamber to nearly 80 degrees (to comply with an executive order
implementing energy conservation measures), the Speaker announced
that: (1) standards for appropriate attire in the Chamber would
still be observed; (2) he had directed the Architect of the Capitol
to improve air circulation in the Chamber by the use of fans; (3) a
question of privilege could be offered to permit a relaxation of
the normal standards of dress; and (4) a Member currently on the
floor should remove himself and appear in proper attire consistent
with the Chair's statement.

On July 17, 1979,⁽³⁷⁾ the following announcement was
made:
---------------------------------------------------------------------------
37. 125 Cong. Rec. 19008, 96th Cong. 2d Sess.; House Rules and Manual
Sec. Sec. 621, 705, and 962 (2017). For decorum issues
generally, see Deschler's Precedents Ch. 29 Sec. Sec. 40-66 and
Precedents (Wickham) Ch. 29.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³⁸⁾ The Chair wishes to make a
statement.
---------------------------------------------------------------------------
38. Thomas O'Neill (MA).
---------------------------------------------------------------------------

In recent days the Congress has undertaken measures to comply
with the President's Executive order implementing thermostat
controls for nonresidential buildings, most particularly by raising
the temperature in the Capitol and congressional office buildings
to 78 degrees. This effort to conserve energy has undoubtedly
resulted in some discomfort for Members, staff, and visitors to the
Capitol. As a result, some questions have arisen concerning proper
dress for Members when they are in the House Chamber. Over many
years and during some uncomfortable seasons, Members have respected
an unwritten standard. Historically, a coat and tie has always been
required for male Members and appropriate attire for female
Members. The Chair believes that the House should continue to
adhere to this practice. The Chair certainly intends to. Perhaps
the Chair reflects the views of his own generation but he feels
that this is one of the ways in which he shows his respect for this
institution.
The Chair does not believe he should become an arbiter of
style. What color a person wears or the manner in which he or she
combs his hair is certainly a matter for individual determination.
But the older Members will recall previous occasions when this
Chamber has been uncomfortable. We have now had about 3 days of
seasonal temperatures and humidity, and the Chair has had various
parts of the Chamber monitored for temperature readings. On
occasion, those readings have indicated temperatures in the high
eighties. The Chair does not believe those temperatures are
conducive to efficiency. It makes it more difficult for Members to
carry out their legislative duties, particularly when we are facing
many weeks of hard legislative work and long hours in this Chamber.
While adhering to the President's guidelines, and while
maintaining the energy conservation steps which have been
undertaken by the Architect, at the Chair's direction, the Chair
does intend to see that steps are taken to provide for a better
circulation of air in the Chamber. The Architect informs us that
some large circulating fans can be installed which should
significantly improve the situation. Some have been installed. The
Chair would hope that these measures would permit us to maintain
our present standards of dress and, thus, some degree of formality.
If any Member would desire to offer a resolution raising a
question of privilege of the House to the effect that Members may
relax their dress, such Member may so offer the resolution and the
Chair would recognize him for such purposes.
Through the years, Members in this Chamber, long before air-
conditioning, wore wigs and swallow-tailed coats and high mufflers.
The Chair thinks this history shows the respect for the Congress.
The Chair would ask the gentleman from Texas if he would kindly
remove himself from the floor and appear in the customary attire
that the Members of the Congress
wear. -------------------

PARLIAMENTARY INQUIRY

Mr. [Robert] BAUMAN [of Maryland]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. BAUMAN. Mr. Speaker, in view of the ruling by the
distinguished Speaker of the House, in the future would it be in
order, under clause 2 of rule I, which grants the Speaker power to
preserve order and decorum, to make a point of order against any
Members of the House who do not accede to the dress code that the
Speaker has described?
The SPEAKER. The Chair will advise the gentleman from Maryland
that the Chair hopes not to have to rule on a point of order
concerning a dress code for Members and would prefer that the
standards of dress be voluntarily maintained and accepted by the
Members.
Mr. BAUMAN. Mr. Speaker, would the Chair entertain such a point
of order if it were made?
The SPEAKER. The Chair would not foreclose that at this time.
Mr. BAUMAN. I thank the Chair.
The SPEAKER. The Chair would ask the gentleman from Texas to
remove himself from the floor, and the gentleman can address the
House at such time as he is in the proper attire.
Mr. [James] MATTOX [of Texas]. Mr. Speaker----
The SPEAKER. The Chair is not recognizing the gentleman. The
Chair has made his statement.
If any Member desires to offer a resolution to change the
customs and attire with regard to dress, as a point of privilege of
the House, the Chair would recognize the Member.
For what purpose does the gentleman from Mississippi (Mr.
Montgomery) rise?
Mr. [Sonny] MONTGOMERY [of Mississippi]. Mr. Speaker, I rise to
commend the Chair. I think what the Chair has done today is
certainly in line and upholds the dignity and decorum of the House.
I would hope that the gentleman from Texas would remove himself and
come back in proper attire, and that at a later date a resolution
could be offered if some Member disagrees with the Chair's ruling.
I commend the Speaker. I think you are standing tall, sir.
Thank you.
The SPEAKER. The Chair will say that he knows the gentleman
from Texas is embarrassing the Chair. Maybe the gentleman does not
feel this embarrassment himself, but the Chair would be more than
happy to recognize the gentleman if he will put on the proper
attire. He may then make the statement he desires to make.

Sec. 1.3 A resolution expressing the sense of the House as to the
proper form of attire worn by Members in the House Chamber gives
rise to a question of the privileges of the House under rule
IX,⁽³⁹⁾ as involving the comfort and convenience of
Members.
---------------------------------------------------------------------------
39. House Rules and Manual Sec. 698 (2017).
---------------------------------------------------------------------------

On July 17, 1979,⁽⁴⁰⁾ the House laid on the table a
resolution, offered as a question of the privileges of the House,
permitting Members to dispense with coats and ties during the summer
months when Federal energy standards required 80-degree temperature in
Federal buildings:⁽⁴¹⁾
---------------------------------------------------------------------------
40. 125 Cong. Rec. 19072-73, 96th Cong. 1st Sess.; House Rules and
Manual Sec. 621 (2017).
41. Parliamentarian's Note: Subsequent to the offering of House
Resolution 369, the House agreed to a resolution, also offered
as a question of the privileges of the House (House Resolution
370), reiterating the requirement that Members wear proper
attire as determined by the Speaker and denying noncomplying
Members the privilege of the floor. See 125 Cong. Rec. 19073,
96th Cong. 1st Sess. (July 17, 1979).
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE--ATTIRE OF MALE MEMBERS OF HOUSE DURING
SUMMER MONTHS

Mr. [Morris] UDALL [of Arizona]. Mr. Speaker, I rise to a
question of the privileges of the House, and I send to the desk a
privileged resolution (H. Res. 369) and ask for its immediate
consideration.
The clerk read the resolution, as follows:

H. Res. 369

Whereas traditions of the House require that male Members wear coats and
ties at all times in the Chamber

Whereas national energy conservation policies now require that
temperatures in the Chamber, The Capitol and House Office Buildings be
maintained at new and higher levels during the summer months, causing
unnecessary discomfort and inefficiency for male Members and employees; now
therefore, be it

Resolved, That it is the sense of the House that during the period June
1st to Labor Day in 1979 and each year the current energy or conservation
policies are required (as determined by the Speaker for 1980 and subsequent
years). Members may dispense with coats and/or ties so long as suitable,
dignified, tasteful and appropriate clothes are worn; be it further

Resolved, That at all other times and in all other respects traditional
attire shall be appropriate. . . .

preferential motion offered by mr. bauman

Mr. [Robert] BAUMAN [of Maryland]. Mr. Speaker, I offer a
preferential motion.
The SPEAKER.⁽⁴²⁾ The Clerk will report the
preferential motion.
---------------------------------------------------------------------------
42. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The Clerk read as follows:

Mr. Bauman moves to table the resolution.

The SPEAKER. The question is on the preferential motion to
table.
The question was taken; and on a division (demanded by Mr.
Udall) there were--yeas 89, nays 31.
Mr. UDALL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nay were ordered.
The vote was taken by electronic device, and there were--yeas
303, nays 105, not voting 26, as follows:

[Roll No. 348] . . .

Sec. 1.4 The Speaker declined to entertain a unanimous-consent request
to permit ceremonial bunting⁽⁴³⁾ to remain hanging in
the Chamber, determining instead to exercise his authority over the
Hall of the House to permit the display.
---------------------------------------------------------------------------
43. Parliamentarian's Note: The bunting displayed was for the
commemoration of the Bicentennial of the Congress.
---------------------------------------------------------------------------

On March 2, 1989,⁽⁴⁴⁾ the Speaker declined to recognize
for unanimous-consent requests which would infringe upon his general
authority under clause 3 of rule I⁽⁴⁵⁾ over the Hall of the
House, as follows:
---------------------------------------------------------------------------
44. 135 Cong. Rec. 3220, 101st Cong. 1st Sess.
45. House Rules and Manual Sec. 623 (2017).
---------------------------------------------------------------------------

REQUEST THAT BLUE BUNTING OVER DOORS OF HOUSE CHAMBER BE
ALLOWED TO REMAIN

Mr. [Sam] GIBBONS [of Florida]. Mr. Speaker, if I may be
recognized for one other brief unanimous-consent request, I ask
unanimous consent that the blue bunting over the doors adorned by
stars used in today's ceremony be allowed to remain in the Chamber
at the discretion of the Speaker.
The SPEAKER.⁽⁴⁶⁾ The Chair will take that suggestion
under advisement and will consult with others and consider the
advisability of following the gentleman's recommendation.
---------------------------------------------------------------------------
46. James Wright (TX).
---------------------------------------------------------------------------

Sec. 1.5 The Speaker announced guidelines for a trial period for a
radio interview table in the Speaker's Lobby where reporters could
use tape recorders to interview Members while the House was in
session, and assured Members that recordings of Members'
conversations in the Lobby would not be permitted.

On May 22, 1990,⁽⁴⁷⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
47. 136 Cong. Rec. 11425, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRY

Mr. [Robert] WALKER [of Pennsylvania]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER.⁽⁴⁸⁾ The gentleman will state his
parliamentary inquiry.
---------------------------------------------------------------------------
48. Thomas Foley (WA).
---------------------------------------------------------------------------

Mr. WALKER. Mr. Speaker, the Speaker has recently announced a
new policy with regard to the use of the Speaker's lobby for the
recording by reporters by electronic device of interviews with
Members. There has been some concern expressed about that
particular policy with regard to the use of the recorders in the
Speaker's lobby since that is regarded as a part of the floor. In
particular, the concern is that you could have the use of very
sensitive microphones there that could record private conversations
that might be taking place in the Speaker's lobby, or even record
conversations at the periphery of the House floor itself that were
not meant for public consumption.
I was wondering, under my parliamentary inquiry, whether the
Speaker could give the Members some assurance with regard to this
policy that the recording devices will only be used for individual
interviews, and would not be permissible for use as a means of
recording conversations in the Speaker's lobby as a whole.
The SPEAKER. The gentleman is correct.
Mr. WALKER. So in other words, under this policy, this is
strictly aimed at giving only the ability to interview individual
Members at the table, and those recording devices would not be
permitted to be on during other times that the reporter might be in
the lobby?
The SPEAKER. The answer to the gentleman's parliamentary
inquiry is that the gentleman is correct.
The Chair will ask the Clerk to read into the Record the
guidelines established by the Chair for the conduct of this trial
period of radio interview.
The Clerk read as follows:

Policy for Radio Interview Table in Speaker's Lobby

(1) No tape recorder will be allowed inside the Speaker's
Lobby, other than at a table set aside for the purpose. This table
is provided for interviews, which should not disrupt the decorum of
the House. Tape recorders must be taken immediately to the
designated table.
(2) No more than four tape recorders will be allowed at the
table at any one time. Reporters will be allowed to take tape
recorders to the table on a rotating pass system. Passes will be
distributed by the Radio/TV Gallery staff, who may, at their
discretion, set a time limit on the use of the pass.
(3) The table can only be used for interviews of Members during
House sessions. It cannot be used during joint meetings or joint
sessions.
(4) Failure to honor restrictions placed on news organizations
by the House gallery staff, or failure to return radio table passes
at the designated time, may result in revocation of a news
organization's right to use said passes in the future.
(5) The radio table and the policy for its use is available on
a trial basis through the August recess of 1990. At that time the
table and its use will be reassessed.
(6) All rules for broadcast coverage in the House will be
reevaluated by the Speaker's Office and the Executive Committee at
the beginning of each Congress.

Mr. WALKER. I thank the Chair.

Sec. 1.6 In response to a parliamentary inquiry, the Speaker pro
tempore stated that the Chair had no unilateral authority to order
doors to the Chamber to be locked during a pending series of votes.

Under clause 2(b) of rule XV,⁽⁴⁹⁾ the Speaker may order
that the doors be closed ``when a call of the House in the absence of a
quorum is ordered.'' The Speaker has no other authority to order the
doors locked, as evidenced by the Chair's response to the following
parliamentary inquiry on June 11, 1997:⁽⁵⁰⁾
---------------------------------------------------------------------------
49. House Rules and Manual Sec. 892 (2017).
50. 143 Cong. Rec. 10665, 105th Cong. 1st Sess. See also 7 Cannon's
Precedents Sec. 703 and Deschler's Precedents Ch. 20 Sec. 6.
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Donald] MANZULLO [of Illinois]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [Robert] Goodlatte [of Virginia]).
The gentleman will state his parliamentary inquiry.
Mr. MANZULLO. Mr. Speaker, I would ask that the Chair direct
the Sergeant at Arms to lock the doors in order to keep the Members
in the Chamber so we can finish voting here in 5 minutes.
Mr. [Jose] SERRANO [of New York]. I object.
The SPEAKER pro tempore. The Chair cannot order that at this
point.

The Clerk will designate the next amendment on which a separate
vote has been demanded.

Sec. 1.7 The House adopted a resolution authorizing the Speaker to
designate individuals for admission to the Hall of the House for
the purpose of documenting the improved accessibility of its
rostrum, which allowed a Speaker pro tempore using a wheelchair to
preside over the House for the first time.⁽⁵¹⁾
---------------------------------------------------------------------------
51. Parliamentarian's Note: Two articulating platforms had been
installed on the east side of the rostrum earlier in the 111th
Congress and had been successful in tests. Each platform moved
both vertically and horizontally to deliver a Member using a
wheelchair to the presiding officer's position. Pursuant to the
authority granted in House Resolution 1555, the Speaker allowed
a still photographer on the floor to document the historic
opening.
---------------------------------------------------------------------------

On July 26, 2010,⁽⁵²⁾ the following occurred:
---------------------------------------------------------------------------
52. 156 Cong. Rec. 13938, 13939, 111th Cong. 2d Sess.
---------------------------------------------------------------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. [James] Langevin [of Rhode Island]) at 2
p.m. -------------------

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the
following prayer:
Lord God, Creator of all and Builder of a just society, this is
a House of pride and dignity because of its noble belief in free
people. By law and by policy through the years, interior freedom
has been uncovered as obstacles to equal opportunity have been
removed.
By celebrating the accomplishments of the past 20 years founded
in the initiative of the Disabilities Act, Lord God, responsible
government has continued to embrace the advent and development of
Your people.
Lord, here, may each child of disadvantage and every victim of
war and accident be given hope and grounding for personal
aspirations to achieve his or her full potential in Your sight.
With the help of research, engineering, medicine, and
professional therapy, may government uphold the Nation's commitment
to equal opportunity in the pursuit of happiness.
May every American rejoice and thank You, Almighty God, for the
next step and every step to be taken to afford open and full
accessibility to place and position for all citizens in a just
world. For this we pray, and we will continue to work, both now and
forever.
Amen. . . .

PERMITTING INDIVIDUALS TO BE ADMITTED TO THE HALL OF THE HOUSE
IN ORDER TO DOCUMENT THE IMPROVED ACCESSIBILITY OF THE HALL OF
THE HOUSE

Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, on this most
important day in the history of the House of Representatives, I
send to the desk H. Res. 1555, and ask unanimous consent for its
immediate consideration in the House.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. Is there objection to the request of
the gentlewoman from New York?
There was no objection.
The text of the resolution is as follows:

H. Res. 1555

Resolved, That the Speaker, in consultation with the minority leader,
may designate individuals to be admitted to the Hall of the House and the
rooms leading thereto in order to document the improved accessibility of
the Hall of the House.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

THE 20TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT

(Ms. PELOSI asked and was given permission to address the House
for 1 minute.)
Ms. [Nancy] PELOSI [of California]. Mr. Speaker, it is with
great pride and joy that I rise today to acknowledge the history
that you are making. By your leadership and your inspiration and
your education of the Congress, you have helped take us to a place
that honors the tradition and the goals of our founders; to improve
liberty and equality for all Americans.
Today, through technology, under the leadership of the
Architect of the House, we are able to, in a way that is almost
magical, extend to you the privilege that you deserved all along,
to be able to preside over the House.
I'm pleased that we are joined by our former colleague in the
House, and now a Senator, Senator Harkin, who was such a champion
in passing the Americans with Disabilities Act; our former
colleague, Tony Coelho, also a leader in that regard; our
colleagues who have worked so hard on that subject, Mr. Markey, Mr.
Kennedy; and the champion in our House on the Americans with
Disabilities Act, Steny Hoyer, our distinguished majority leader.
Mr. Sensenbrenner has made this part of his legacy in the
Congress. Not so fast with the legacy, I know. More to come. But we
thank you for being the champion on civil rights that you are.
And I see now that we have been joined by our distinguished
Republican leader of the House, Mr. Boehner.
This is bipartisan effort. It has been all along. It is a cause
for celebration. It is a source of liberation. And it's important
to note that there's a reason Mr. Langevin is first. He is first
because of his courage. He is first because of his inspiration, and
he is first because when I became Speaker, he said to me, Now that
you are presiding, I want to preside too.
So on that day, when we made history of having the first woman
Speaker of the House, it became clear that we had to make history
today in having Jim Langevin preside on this historic occasion,
which is a source of pride to all of us but also a source of
challenge as to how we go forward addressing the new technologies
so that we can continue to remove barriers to participation to all
Americans. It's better for them and it's better for our country.
Now we can go forward clearly saying that we respect people for
what they can do, not judge them or limit them for what they
cannot, and that we can more fully honor the Pledge of Allegiance
that Mr. Kennedy led us in just earlier, one Nation under God, with
liberty--and this is about liberation--with liberty and justice for
all.
Congratulations, Mr.
Langevin. -------------------

HONORING THE 20TH ANNIVERSARY OF THE AMERICANS WITH
DISABILITIES ACT

(Mr. BOEHNER asked and was given permission to address the
House for 1 minute.)
Mr. [John] BOEHNER [of Ohio]. Mr. Speaker, I rise today to join
the Speaker and the majority leader in recognizing the 20th
anniversary of the Americans with Disabilities Act.
First I want to applaud you, Mr. Speaker, for making history
today as the first American with disabilities to preside over this
distinguished body. It's truly an inspiring sight and a reminder
that the disabled are, of course, among the most active and
functional members of our society. And it's a testament to the
historic measure that we're celebrating today.
I also want to congratulate my colleague, Mr. Hoyer, the
majority leader, who I know played a key role in making this
legislation a reality, along with other colleagues from the other
body and retired, along with Mr. Sensenbrenner.
But really I want to thank all of you for ensuring that we come
together, across the aisle when necessary, to make certain that
this act fulfills its original mission.
Before the Americans with Disabilities Act, nowhere in the
world was there a comprehensive declaration of equality for people
with disabilities.
In the medical community, people with disabilities are called
``handi-capable'' because they strive and succeed in the face of
great personal obstacles.
There was a time, however, when courage alone was not enough to
get them into their hometown theaters to see a movie or into office
buildings to apply for a job, much less to provide for their
families. Those wrongs were corrected on July 26, 1990, when
President George Herbert Walker Bush signed the Americans with
Disabilities Act into law on the South Lawn of the White House.
On that day President Bush noted that it was roughly a year
after the Berlin Wall came down and said that this legislation
``takes a sledge hammer to another wall, one which has for too many
generations separated Americans with disabilities from the freedom
they could glimpse, but not grasp.''
For too long our Nation has kept Americans with disabilities
dependent, when they all yearned for independence. And the
Americans with Disabilities Act has given them the tools to do just
that, to quench their thirst for life, liberty, and the pursuit of
happiness. It has changed the lives of millions, and will do so for
many, many generations to come.

Physical Safety and Security

Sec. 1.8 A resolution alleging certain fire safety deficiencies in the
environs of the House and directing the appointment of a select
committee to inquire into the matter, gave rise to a question of
the privileges of the House concerning the safety of its Members,
staff, visitors, and records.⁽⁵³⁾
---------------------------------------------------------------------------
53. See 3 Hinds' Precedents Sec. 2659 (protecting the records of the
House from the threat of fire is a matter involving the
privileges of the House).
---------------------------------------------------------------------------

On May 10, 1988,⁽⁵⁴⁾ the House adopted a resolution
offered as a question of the privileges of the House directing the
Speaker to appoint a bipartisan select committee to investigate fire
safety in the Capitol and House office buildings:
---------------------------------------------------------------------------
54. 134 Cong. Rec. 10286, 10287, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE--SELECT COMMITTEE TO INVESTIGATE FIRE
SAFETY IN THE CAPITOL AND HOUSE OFFICE BUILDINGS

Mr. [Curt] WELDON [of Pennsylvania]. Mr. Speaker, I rise to a
question of the privileges of the House, and I offer a privileged
resolution (H. Res. 440) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 440

Whereas on Thursday, May the 5th, a fire occurred in the congressional
office of the Speaker of the House, Representative Jim Wright of Texas,
located on the second floor of the Longworth House Office Building; and

Whereas after smelling the smoke from said fire, Representative Curt
Weldon of Pennsylvania attempted to assist in extinguishing it, only to
find fire suppression equipment was not fully functional and available; and

Whereas it was further discovered that the Longworth House Office
Building had no manual or automatic fire alarm system to notify the
Members, staff, and visitors in the building; and

Whereas the occupants of the Longworth Building had to be notified of the
potential danger by someone going to each individual office; and

Whereas some occupants of the Longworth Building were improperly
evacuated by way of the elevator which actually stopped on the fire floor;
and

Whereas some occupants of the Longworth Building were forced to exit
through smoke filled stair towers none of which were enclosed; and

Whereas preplanning and training for such emergencies was clearly
lacking; and

Whereas the Capitol, Cannon, Longworth, and Rayburn House Office
Buildings are not required to comply with any Federal, State, or District
of Columbia fire codes; and

Whereas the safety of the Members of the House of Representatives, as
well as staff and visitors to these buildings can not be assured; and

Whereas the security of the files and records of the House of
Representatives is in jeopardy because of the inability to respond to any
fire situation; and

Whereas the Congressional Fire Services Caucus, comprised of over 150
Members of Congress, was recently established to advance the cause of fire
safety in our Nation's Capitol and across the United States; and

Whereas pursuant to the provisions of rule IX of the Rules of the House
of Representatives any measure affecting the safety of the proceedings of
the House represents a question of the privileges of the House: Now,
therefore, be it

Resolved, That a Select Committee of the House be appointed, comprised of
two members from the majority party and two members from the minority party
of the House of Representatives to inquire into the origin of the fire
which occurred in the Office of the Speaker, and to meet with Federal and
local fire officials to report and list any Federal or local fire code
violations or any other potential fire or life safety hazards, and report
back to the House any recommendations or measures which they deem necessary
to assure the safety of the Members, officers, staff, and visitors in the
Capitol, Cannon, Longworth, and Rayburn House Office Buildings.

The SPEAKER pro tempore (Mr. [Kenneth] Gray of Illinois). The
resolution offered by the gentleman from Pennsylvania [Mr. Weldon]
does state a privilege of the House.
Under the rule, the gentleman from Pennsylvania [Mr. Weldon] is
recognized for 1 hour. . . .
The SPEAKER pro tempore. The question is on the resolution.
The resolution was agreed to.
A motion to reconsider was laid upon the table.

Sec. 1.9 During morning-hour speeches, a Member recounted for the House
a description of a terrorist attack inside the House Chamber on
March 1, 1954, and submitted for the Congressional Record a
detailed account of the attack written by the Clerk to the
Parliamentarian.

On March 1, 1994,⁽⁵⁵⁾ the following occurred:
---------------------------------------------------------------------------
55. 140 Cong. Rec. 3318, 3319, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at 10:30 a.m. and was called to order by the
Speaker. -------------------

MORNING BUSINESS

The SPEAKER.⁽⁵⁶⁾ Pursuant to the order of the House
of Friday, February 11, 1994, the Chair will now recognize Members
from lists submitted by the majority and minority leaders for
``morning-hour debates.'' The Chair will alternate recognition
between the parties, with each party limited to not to exceed 30
minutes, and each Member except the majority and minority leaders
limited to not to exceed 5 minutes.
---------------------------------------------------------------------------
56. Thomas Foley (WA).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Missouri [Mr.
Emerson]. -------------------

OBSERVANCE OF THE ATTACK OF MARCH 1, 1954, ON MEMBERS OF THE
U.S. HOUSE OF REPRESENTATIVES

The SPEAKER. Under the Speaker's announced policy of February
11, 1994, the gentleman from Missouri [Mr. Emerson] is recognized
during morning business for 5 minutes.
Mr. [Bill] EMERSON [of Missouri]. Mr. Speaker, I rise today to
note the fact that it was 40 years ago today that the House was
assaulted by a group of terrorists who were in this corner gallery
here. This is not an occasion that we celebrate, but it is one that
we note, and 40 years seems to be a significant milestone.
Mr. Speaker, I happened to be a Page at the time. That was the
second session of the 83d Congress. This being the second session
of the 103d Congress means that an awful lot of water has gone over
the dam in the intervening period. Another Page at the time, the
gentleman from Pennsylvania [Mr. Kanjorski], I gather, will be here
at a later period today and may speak on this subject also and I
will join him then for further exposition of the event.
Mr. Speaker, I shall not speak at length just now. I wanted to
say that there is a lot of curiosity on this subject, which is a
reason that I bring it up today. I was visiting recently with our
distinguished Parliamentarian, Mr. Brown, and his associate, Mr.
Johnson, and they told me about a file that exists in the
Parliamentarian's office noting the occasion, what happened on that
particular day.
They called to my attention a memorandum in that file that was
written by an employee of the Parliamentarian's office, Mr. Joe
Metzger, whom I recall. Mr. Metzger apparently was given to making
side notes, separate and apart from the record, of occurrences in
the House of Representatives that were unusual in nature.
On a day or so following the event of March 1 in the House of
Representatives, Mr. Metzger wrote a narrative describing what
occurred on that occasion, which, quite frankly, is as good a
report as I have seen anywhere. He was here. He saw it all. I too,
saw the event as it occurred.
Mr. Speaker, I was the overseer of the Pages at the time on the
Democratic side of the House, so I had a very good view of the
gallery in which this incident occurred, but there was a difficulty
at that time getting ambulances and first aid to the Members who
had been wounded. Five Members had been wounded.
Pages were called upon to be stretcher bearers. When the
ambulances arrived, I exited the Chamber, having helped carry a
couple of Members to awaiting ambulances, and I was not here for
the aftermath. Some of the more interesting details of that day
were in the aftermath of the shooting, which appear in Mr.
Metzger's account.
Mr. Speaker, I include for the Record the account of Mr.
Metzger of the House shooting which he had prepared somewhere in
the day or so immediately following the incident on March 1, 1954.
I think the gentleman from Pennsylvania [Mr. Kanjorski] has
reserved time for a later period in the day, and I shall reserve
the remainder of my remarks and will join him on that occasion.
The account of Mr. Metzger is as follows:

On Monday, March 1, 1954 (83d Congress, 2d Session), the House
was considering a resolution from the Rules Committee, H. Res. 450,
to provide for the consideration of H.J. Res. 3, a joint resolution
amending the Act approved July 12, 1951, relating to the supplying
of agricultural workers from Mexico. After the previous question
was ordered on agreeing to the resolution, a point of order was
made that a quorum was not present, and the Speaker determined that
243 Members were present, a quorum. The question was put on
agreeing to the resolution, and a division being demanded, by Mr.
Cooley of N.C., the Speaker counted the Members rising in the
affirmative and announce that the ``Ayes'' would be seated and the
``Noes'' should rise. At this moment, at approximately 2:30 p.m., a
fusillade came from the gallery of the House. Four Puerto Rican
terrorists, 1 woman and 3 men, fired 20 to 30 pistol shots from
Gallery 11, located in the southwest corner of the chamber to the
left and rear of the Speaker. The woman fired several shots, some
upward into the ceiling and probably also some downward into the
crowd of Members on the floor. She waved a Puerto Rican flag and
shouted ``Viva Puerto Rico.'' The men fired wildly into and among
the Members, scattering bullets from one side of the chamber to the
other. Five Members were wounded. Other bullets struck the table of
the majority leader, unoccupied seats, and also the side walls at
the rear toward the northeast corner of the chamber. The House was
thrown into a state of utter disorder, and the Speaker, on his own
initiative and without request from the floor, at 2:32 p.m.
declared the House in recess subject to the call of the Chair.
Members wounded were: Mr. Bentley of Michigan, Mr. Jensen of Iowa,
Mr. Davis of Tennessee, Mr. Fallon of Maryland, and Mr. Roberts of
Alabama.
Other Members, including three who were physicians, Dr. Judd of
Minnesota, Dr. Miller of Nebraska, and Dr. Fenton of Pennsylvania,
assisted and gave first aid to the wounded.
After a recess of about ten minutes the Speaker called the
House to order, and on motion of the Majority Leader, Mr. Halleck
of Indiana, the House adjourned at 2:42 p.m.
Ambulances had been called and in a short time after the
shooting the wounded Members were taken to hospitals.
Meanwhile, the Puerto Ricans who fired the shots had left the
gallery. The woman, Lolita Lebron, and two of the men, Rafael
Miranda and Andres Cordero, were captured and disarmed before they
were more than a few feet beyond the gallery door. The other man,
Irving Flores Rodriguez, escaped from the Capitol, but he was
arrested in a Washington bus station later in the day.
Injuries sustained by the Members were as follows:
Mr. Bentley of Michigan was struck high in the chest. The
bullet perforated the right lung; drove through the diaphragm; tore
through the liver, which was virtually shattered, and went through
the stomach. At the outset Mr. Bentley's condition was regarded as
critical, and he was said to have on a 50-50 chance to survive.
Mr. Jensen of Iowa, was struck in the right shoulder. The
bullet passed across to the left side and lodged under his left
shoulder blade.
Mr. Davis of Tennessee, was hit by a bullet which passed
through the calf of the right leg.
Mr. Fallon of Maryland, was wounded in the fleshy part of the
upper thigh on the right side, and the bullet passed all the way
through.
Mr. Roberts of Alabama, was struck in the left leg, the bullet
entering the fleshy area just above the knee and passing downward
and all the way through.
Mr. Bentley, Mr. Fallon, and Mr. Roberts were taken to Casualty
Hospital, and Mr. Jensen and Mr. Davis were taken to Bethesda Naval
Medical Center.
The Puerto Ricans involved in the shooting were identified by
police as belonging to the Puerto Rican Nationalist Party. Two
other members of that party had tried to assassinate President
Truman in 1950, at Blair House on Pennsylvania Avenue, N.W., which
was being used as the temporary Executive Mansion at that time. The
four terrorists were all residents of New York City. The woman,
Lolita Lebron, a divorcee 34 years old, boasted that the shooting
was planned on February 22d, and was staged to draw attention to
the question of independence for Puerto Rico. Accordingly to
police, the incident was timed to coincide with the opening of the
Tenth Inter-American Conference in Caracas, Venezuela.
According to the District of Columbia Police, the guns used by
the Puerto Ricans and later taken from them were four automatic
pistols of German make, 3 9-millimeter Lugers (one with an 8-inch
barrel and two with 4-inch barrels) and a 9-millimeter ``P-38''
Walther with a 4-inch barrel.
The shooting came as a complete surprise. Many Members who were
present on the floor of the House at the time later stated they
thought a series of fire-crackers had been set off. Even after
seeing the pistols in the hands of people in the gallery, some
Members thought blank cartridges were being fired. Only after
seeing that some Members were wounded and seeing holes in the
furniture did many Members realize that real bullets were being
fired at the House in session. All found it almost incredible that
such a thing was actually happening.
After the wounded were taken to hospitals, conferences were
held by the leaders of both parties regarding security measures
which might be necessary for the protection of the House and its
Members.
All outstanding gallery cards were cancelled, effective the day
following the shooting. New cards were printed for distribution the
following day, with a request being made to all Members by the
Speaker that gallery cards be issued only to persons who could be
vouched for by each Member issuing the new cards.
A Congressional Reception which had been scheduled at the White
House for the evening of March 2, 1954, was cancelled by the White
House.

Expressions of indignation at the shooting and communications
expressing sympathy to the wounded Members were received by the
Speaker from far and wide. Thousands of letters and telegrams of
this nature were received. Many of the letters and telegrams came
from people in Puerto Rico. The Resident Commissioner from Puerto
Rico made a stirring speech in the House the day following the
shooting (Congressional Record, March 2, 1954, delivered during
recess but not in Record) to the effect that the people of Puerto
Rico were as disturbed over the matter as were the people of the
United States. The Governor of Puerto Rico sent his best wishes to
the Speaker on the day of the shooting, and on the following day
flew from Puerto Rico and called in person upon the Speaker to
denounce the shooting and convey the sympathies of Puerto Rico. The
House took a brief recess on March 2, 1954, for greeting the
Governor of Puerto Rico informally in the House Chamber.
Resolutions and bills proposing security measures of various
kinds were introduced in the House for several days following the
shooting. The House on March 4, 1954, adopted a resolution (H. Res.
456) authorizing that necessary medical expenses for Members
injured by the shooting on March 1st be paid from the Contingent
Fund of the House.
All five of the wounded Members had been discharged from the
hospitals by the end of May, 1954. Mr. Roberts, the last to return
to his duties, was walking on crutches and spent a lot of his time
in a wheel chair at the time of his return to the House on May 25,
1954. It was expected that Mr. Roberts would require medical
treatment for at least a year after his release from the hospital,
owing to the injured nerves in his leg. Mr. Bentley also continued
to require medical attention at the end of the 2d Session of the
83d Congress.
The four Puerto Ricans were brought to trial in the U.S.
District Court for the District of Columbia. They were convicted
and given the maximum sentences for their crimes. Mrs. Lolita
Lebron was convicted on 5 counts of assault with a dangerous
weapon, but was given a verdict of not guilty on the counts of
assault with intent to kill. She was sentenced to serve 3 years and
4 months to 10 years on each of the counts for which convicted,
sentences to run consecutively. Thus her total sentence was to
serve from 16 years 8 months to 50 years.
Each of the three men, Rafael Concel Miranda, Irving Flores
Rodriguez, and Andres Figueroa Cordero was convicted of 5 counts of
assault with a dangerous weapon and 5 counts of assault with intent
to kill. They were each sentenced to serve 5 to 15 years on each of
the counts of assault with intent to kill, sentences to run
consecutively. Thus, each received a sentence to serve from 25 to
75 years. Each of the men also received the same sentence as did
Mrs. Lebron, but the latter being for the same act of assault were
to run concurrently with the former. Thus, each of the men was
sentenced to serve a total of from 25 to 75 years.

Sec. 1.10 Under clause 12(b) of rule I,⁽⁵⁷⁾ the Speaker may
``suspend the business of the House when notified of an imminent
threat to its safety'' by declaring a recess subject to the call of
the Chair, and pursuant to such authority, the House stood in
``emergency'' recess for 30 minutes for the purpose of conducting a
Chamber evacuation drill.⁽⁵⁸⁾
---------------------------------------------------------------------------
57. House Rules and Manual Sec. 639 (2017). See also Deschler's
Precedents Ch. 39.
58. Parliamentarian's Note: This was the first use of emergency recess
authority, which was added to the rules on opening day of the
108th Congress. See H. Res. 5, 149 Cong. Rec. 7, 108th Cong.
1st Sess. (Jan. 7, 2003). Contrast this recess authority with
the traditional ``short'' recess authority under clause 12(a)
of rule I (House Rules and Manual Sec. 639 (2017)), which may
be used only ``when no question is pending before the House.''
When proceedings resume under clause 12(b), the Chair restates
the allocated time (and other pertinent procedural information)
as of the emergency recess declaration. Before clause 12(b) was
added, there were two modern examples of emergency recesses
declared pursuant to inherent (not necessarily ultra vires)
authority of the Chair. See, e.g., 89 Cong. Rec. 1487, 78th
Cong. 1st Sess. (Mar. 2, 1943) and 100 Cong. Rec. 2434, 83d
Cong. 2d Sess. (Mar. 1, 1954). For an example of a non-drill
emergency recess, see Deschler's Precedents Ch. 39 Sec. 2.16.
---------------------------------------------------------------------------

On March 6, 2003,⁽⁵⁹⁾ the following occurred:
---------------------------------------------------------------------------
59. 149 Cong. Rec. 5335, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Peter] HOEKSTRA [of Michigan]. Mr. Speaker, I yield 2
minutes to the gentlewoman from New York (Mrs. [Sue] Kelly).
Mrs. KELLY. Mr. Speaker, I rise today in support of H.R. 13.
The SPEAKER pro tempore (Mr. [Joel] Hefley [of Colorado]). The
gentlewoman will
suspend. -------------------

RECESS

The SPEAKER pro tempore. Pursuant to clause 12(b) of rule I,
the Chair declares the House in emergency recess subject to the
call of the Chair.
Accordingly (at 10 o'clock and 35 minutes a.m.), the House
stood in recess subject to the call of the
Chair. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr.[Ken] Calvert [of California] ) at 11
o'clock and 5 minutes
a.m. -------------------

MUSEUM AND LIBRARY SERVICES ACT OF 2003

The SPEAKER pro tempore.⁽⁶⁰⁾ When the recess was
declared, the House was considering H.R. 13 and 43\1/2\ minutes of
debate remained.
---------------------------------------------------------------------------
60. Ken Calvert (CA).
---------------------------------------------------------------------------

The gentleman from Michigan (Mr. Hoekstra) has 22\1/2\ minutes
remaining and the gentleman from Texas (Mr. Hinojosa) has 21
minutes remaining.
Prior to the recess, the gentleman from Michigan had yielded
two minutes to the gentlewoman from New York (Mrs. Kelly), and the
gentlewoman from New York had 2 minutes remaining.
The Chair recognizes the gentlewoman from New York.

Use of the Chamber

Sec. 1.11 A meeting of a party's caucus may be held in the Chamber of
the House during a recess.⁽⁶¹⁾
---------------------------------------------------------------------------
61. Parliamentarian's Note: The mace was removed and the galleries were
cleared. While this was the first party caucus meeting in the
Chamber during a recess of the House, such meetings had
occurred during adjournments, prior to the convening of the
House. See 130 Cong. Rec. 24305, 24306, 98th Cong. 2d Sess.
(Sept. 5, 1984). See also Precedents (Wickham) Ch. 3 Sec. 3.5.
---------------------------------------------------------------------------

On September 30, 1990,⁽⁶²⁾ the following announcement
was made:
---------------------------------------------------------------------------
62. 136 Cong. Rec. 26690-91, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT OF CONVENING OF DEMOCRATIC CAUCUS

LEGISLATIVE PROGRAM

RECESS

The SPEAKER pro tempore.⁽⁶³⁾ Pursuant to the order
of the House of Friday, September 28, 1990, the House will now
stand in recess subject to the call of the Chair.
---------------------------------------------------------------------------
63. Gerry Studds (MA).
---------------------------------------------------------------------------

Accordingly (at 5 o'clock and 43 minutes p.m.) the House stood
in recess subject to the call of the
Chair. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker at 7 o'clock and 55 minutes p.m.

Sec. 1.12 The Senate (and then the House) agreed to a Senate concurrent
resolution authorizing use of the Rotunda for an ``assembly'' of
House and Senate Members and Chaplains for a National Day of
Reconciliation to ``seek the blessings of
Providence.''⁽⁶⁴⁾
---------------------------------------------------------------------------
64. Parliamentarian's Note: On June 25, 2001, a bill (H.R. 2300)
calling for the two Houses to meet in the House Chamber for a
``National Day of Reconciliation'' was introduced and referred
to the Committee on House Administration (147 Cong. Rec. 11805,
107th Cong. 1st Sess.). On July 10, 2001, a similar measure was
introduced in the form of a concurrent resolution (H. Con. Res.
184, 147 Cong. Rec. 12766, 107th Cong. 1st Sess.). That
concurrent resolution was adopted by the House by suspension of
the rules on October 23, 2001 (Deschler's Precedents Ch. 36
Sec. Sec. 6.1, 6.2; 147 Cong. Rec. 20388-90, 107th Cong. 1st
Sess.). The Senate version on which the two Houses eventually
agreed relocated the gathering to the Capitol Rotunda. From the
earliest times, ceremonies of a religious nature have
traditionally not been held in the Hall of the House. In fact,
on November 19, 1804, the House adopted the following
resolution: ``That, in future, no person shall be permitted to
perform divine service in the chamber occupied by the House of
Representatives, unless with the consent of the Speaker.'' (H.
Jour. 17, 8th Cong. 2d Sess. (Nov. 19, 1804)). Apparently as a
result of excessive requests upon the Speaker, the House in
1828 ordered that the Chamber should be used only for
congressional business and religious services on Sundays. 5
Hinds' Precedents Sec. 7270. In 1880, the House adopted what is
now rule IV, which provides that the House must consent by
resolution to any non-legislative use of the Chamber. House
Rules and Manual Sec. 677 (2017). See also: S. Con. Res. 45,
142 Cong. Rec. 4621, 4622, 104th Cong. 2d Sess. (Mar. 13, 1996)
(authorizing use of Capitol Rotunda for presentation of
Congressional Gold Medal to Reverend and Mrs. Billy Graham);
and H. Con. Res. 223, 147 Cong. Rec. 16761, 16762, 107th Cong.
1st Sess. (Sept. 12, 2001) (permitting use of Capitol Rotunda
for prayer vigil in memory of those who lost their lives in the
events of September 11, 2001).
---------------------------------------------------------------------------

On November 16, 2001,⁽⁶⁵⁾ the House adopted the Senate
concurrent resolution.
---------------------------------------------------------------------------
65. 147 Cong. Rec. 22910-11, 107th Cong. 1st Sess. The Senate adopted
the measure on November 13, 2001. See 147 Cong. Rec. 22270,
107th Cong. 1st Sess. See also Deschler's Precedents Ch. 36
Sec. 6.2.
---------------------------------------------------------------------------

PROVIDING FOR USE OF ROTUNDA OF CAPITOL FOR A NATIONAL DAY OF
RECONCILIATION

Mr. [Thomas] REYNOLDS [of New York]. Mr. Speaker, I ask
unanimous consent to take from the Speaker's table the Senate
concurrent resolution (S. Con. Res. 83) providing for a National
Day of Reconciliation, and ask for its immediate consideration in
the House.
The Clerk read the title of the Senate concurrent resolution.
The SPEAKER pro tempore.⁽⁶⁶⁾ Is there objection to
the request of the gentleman from New York?
---------------------------------------------------------------------------
66. Vito Fossella (NY).
---------------------------------------------------------------------------

There was no objection.
The Clerk read the Senate concurrent resolution, as follows:

S. Con. Res. 83

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. USE OF ROTUNDA OF THE CAPITOL.

The rotunda of the Capitol is authorized to be used at any time on
November 27, 2001, or December 4, 2001, for a National Day of
Reconciliation where--

(1) the 2 Houses of Congress shall assemble in the rotunda with the
Chaplain of the House of Representatives and the Chaplain of the Senate in
attendance; and

(2) during this assembly, the Members of the 2 Houses may gather to
humbly seek the blessings of Providence for forgiveness, reconciliation,
unity, and charity for all people of the United States, thereby assisting
the Nation to realize its potential as--

(A) the champion of hope;

(B) the vindicator of the defenseless; and

SEC. 2. PHYSICAL PREPARATIONS FOR THE ASSEMBLY.

Physical preparations for the assembly shall be carried out in accordance
with such conditions as the Architect of the Capitol may prescribe.

The Senate concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

Sec. 1.13 The Speaker announced that following the day's adjournment
the majority and minority party caucuses would meet jointly in the
Chamber in a closed session to receive a briefing by the Sergeant-
at-Arms and Capitol Police Chief on the tragic events of July 24,
1998.⁽⁶⁷⁾
---------------------------------------------------------------------------
67. Parliamentarian's Note: On July 24, 1998, two Capitol Police
officers were shot and killed by a lone gunman who had
infiltrated the Capitol. The security briefing in the Chamber
was held to give Members information on the sequence of events
that had occurred on the day of the attack and current security
protocols, as conveyed by the Sergeant-at-Arms and the Chief of
the Capitol Police. See Deschler's Precedents Ch. 36 Sec. 15
and Deschler's Precedents Ch. 38 Sec. 3.5.
---------------------------------------------------------------------------

On July 27, 1998,⁽⁶⁸⁾ the following announcement was
made:
---------------------------------------------------------------------------
68. 144 Cong. Rec. 17466, 17467, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁶⁹⁾ The Chair desires to announce that
following adjournment tonight, Members are invited to attend a
joint party conference caucus for a briefing here in the Chamber.
---------------------------------------------------------------------------
69. Newt Gingrich (GA).
---------------------------------------------------------------------------

Sec. 1.14 Pursuant to clause 3 of rule I⁽⁷⁰⁾ and clause 1 of
rule IV,⁽⁷¹⁾ the Speaker having authority over the Hall
of the House may permit its use for a closed briefing of Members
when the House is not in session.
---------------------------------------------------------------------------
70. House Rules and Manual Sec. 623 (2017).
71. House Rules and Manual Sec. 686 (2017).
---------------------------------------------------------------------------

During the customary colloquy on the legislative program on March
11, 1999,⁽⁷²⁾ the Majority Leader announced that a national
security briefing for all Members would be presented in the Chamber of
the House before its scheduled session on the following Thursday:
---------------------------------------------------------------------------
72. 145 Cong. Rec. 4338, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

LEGISLATIVE PROGRAM

(Mr. BONIOR asked and was given permission to address the House
for 1 minute.)
Mr. [David] BONIOR [of Michigan]. Mr. Speaker, I have asked to
speak for the purpose of inquiring of the distinguished majority
leader the schedule for the remainder of the week and next week.
Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, will the gentleman
yield?
Mr. BONIOR. I yield to the gentleman from Texas.
Mr. ARMEY. Mr. Speaker, I am pleased to announce that we have
had our last vote for the week. There will be no votes tomorrow, on
Friday, March 12.
On Monday, March 15, the House will meet at 2 p.m. for a pro
forma session. Of course, there will be no legislative business and
no votes that day. . . .
On Thursday, March 18, we expect a national security briefing
on the House floor from 10 a.m. to 11 a.m. to discuss the ballistic
missile threat. Of course, all Members will want to attend.

On March 18, 1999,⁽⁷³⁾ the House commenced debate on
national missile defense policy, and the manager of the bill reminded
Members that the closed national security briefing that they had
received in the Chamber before the House convened on this day was
classified:
---------------------------------------------------------------------------
73. 145 Cong. Rec. 4863, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Floyd] SPENCE [of South Carolina]. Mr. Speaker, pursuant
to House Resolution 120, I call up the bill (H.R. 4) to declare it
to be the policy of the United States to deploy a national missile
defense, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The text of H.R. 4 is as follows:

H.R. 4

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That it is the policy of the
United States to deploy a national missile defense.

The SPEAKER pro tempore (Mr. [John] Sununu [of New Hampshire]).
Pursuant to House Resolution 120, the gentleman from South Carolina
(Mr. Spence) and the gentleman from Missouri (Mr. Skelton) each
will control 1 hour.
The Chair recognizes the gentleman from South Carolina (Mr.
Spence).
Mr. SPENCE. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. SPENCE asked and was given permission to revise and extend
his remarks.)
Mr. SPENCE. Mr. Speaker, before beginning, I would like to
remind all Members who attended this morning's briefing with the
Rumsfeld Commission that the briefing was classified. Accordingly,
during the next several hours of debate, Members should take
extreme care not to discuss any of the details or specifics of what
they heard.

Sec. 1.15 The chair of the Committee on Armed Services took the floor
to announce a change in location for a classified briefing for
Members.

On June 5, 2003,⁽⁷⁴⁾ the following announcement was
made:
---------------------------------------------------------------------------
74. 149 Cong. Rec. 13890, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT REGARDING CHANGE OF MEETING PLACE FOR MEMBERS-ONLY
BRIEFING ON IRAQ

(Mr. [Duncan] HUNTER [of California] asked and was given
permission to address the House for 1 minute.)
Mr. HUNTER. Mr. Speaker, the briefing by Secretary Rumsfeld
that was to take place on the floor at 4 p.m. will take place at 4
p.m. in Rayburn 2118.

Sec. 1.16 Pursuant to clause 12 of rule I, the Chair declared the House
in recess subject to the call of the Chair to accommodate a
briefing for Members in the Chamber of the House.⁽⁷⁵⁾
---------------------------------------------------------------------------
75. Parliamentarian's Note: The 45-minute briefing was conducted at the
behest of the chair and ranking minority member of the
Committee on House Administration. It concerned a recent
finding of ricin in a Senate mail room. The briefing was
classified as ``law enforcement sensitive.'' It was conducted
by the House Sergeant-at-Arms, the Chief of Capitol Police, and
the Attending Physician. The Chief Administrative Officer also
was present to answer questions concerning distribution of the
mail.
---------------------------------------------------------------------------

On February 3, 2004,⁽⁷⁶⁾ the following occurred:
---------------------------------------------------------------------------
76. 150 Cong. Rec. 928-929, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

RECESS

The SPEAKER pro tempore.⁽⁷⁷⁾ Pursuant to clause
12(a) of rule I, the Chair declares the House in recess subject to
the call of the Chair.
---------------------------------------------------------------------------
77. John Shimkus (IL).
---------------------------------------------------------------------------

Accordingly (at 7 o'clock and 10 minutes p.m.), the House stood
in recess subject to the call of the
Chair. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Carter) at 8 o'clock and 13 minutes p.m.

Sec. 1.17 By unanimous consent, the Chair inserted into the
Congressional Record certain policy statements by Speaker for 111th
Congress, including an inaugural statement on the use of the House
Chamber when not in session.⁽⁷⁸⁾
---------------------------------------------------------------------------
78. Parliamentarian's Note: As mentioned in the Speaker's policy
statement, some Members had conducted a mock session of the
House during the August recess in 2008 in the House Chamber,
potentially giving the impression that these proceedings were
officially sanctioned events or actual sessions of the House. A
similar demonstration had occurred during a recess of the House
on November 18, 1995. This policy statement was in response to
events of that type and has been continued by subsequent
Speakers in each successive Congress. See 157 Cong. Rec. 106,
112th Cong. 1st Sess. (Jan. 5, 2011); 159 Cong. Rec. H27 [Daily
Ed.], 113th Cong. 1st Sess. (Jan. 3, 2013); 161 Cong. Rec. H35
[Daily Ed.], 114th Cong. 1st Sess. (Jan. 6, 2015); and 163
Cong. Rec. H36 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3,
2017).
---------------------------------------------------------------------------

On January 6, 2009,⁽⁷⁹⁾ the following announcement was
made:
---------------------------------------------------------------------------
79. 155 Cong. Rec. 23-25, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽⁸⁰⁾ The Chair customarily
takes this occasion at the outset of a Congress to announce her
policies with respect to particular aspects of the legislative
process. The Chair will insert in the Record announcements
concerning:
---------------------------------------------------------------------------
80. Tammy Baldwin (WI).
---------------------------------------------------------------------------

first, privileges of the floor;
second, introduction of bills and resolutions;
third, unanimous-consent requests for the consideration of
legislation;
fourth, recognition for 1-minute speeches;
fifth, recognition for Special Order speeches;
sixth, decorum in debate;
seventh, conduct of votes by electronic device;
eighth, use of handouts on the House floor;
ninth, use of electronic equipment on the House floor; and
tenth, use of the Chamber.
These announcements, where appropriate, will reiterate the
origins of the stated policies. The Chair intends to continue in
the 111th Congress the policies reflected in these statements. The
policy announced in the 102d Congress with respect to
jurisdictional concepts related to clause 5(a) of rule XXI--tax and
tariff measures--will continue to govern but need not be
reiterated, as it is adequately documented as precedent in the
House Rules and Manual.
Without objection, the announcements will be printed in the
Record.
There was no objection.

1. Privileges of the Floor

The Chair will make the following announcements regarding floor
privileges, which will apply during the 111th Congress.

ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO STAFF

Rule IV strictly limits those persons to whom the privileges of
the floor during sessions of the House are extended, and that rule
prohibits the Chair from entertaining requests for suspension or
waiver of that rule. As reiterated by the Chair on January 21,
1986, January 3, 1985, January 25, 1983, and August 22, 1974, and
as stated in Chapter 10, section 2, of House Practice, the rule
strictly limits the number of committee staff on the floor at one
time during the consideration of measures reported from their
committees. This permission does not extend to Members' personal
staff except when a Member's amendment is actually pending during
the five-minute rule. It also does not extend to personal staff of
Members who are sponsors of pending bills or who are engaging in
special orders. The Chair requests the cooperation of all Members
and committee staff to assure that only the proper number of staff
are on the floor, and then only during the consideration of
measures within the jurisdiction of their committees. The Chair is
making this statement and reiterating this policy because of
Members' past insistence upon strict enforcement of the rule. The
Chair requests each committee chair, and each ranking minority
member, to submit to the Speaker a list of those staff who are
allowed on the floor during the consideration of a measure reported
by their committee. The Sergeant-at-Arms, who has been directed to
assure proper enforcement of rule IV, will keep the list. Each
staff person should exchange his or her ID for a ``committee
staff'' badge, which is to be worn while on the floor. The Chair
has consulted with the Minority Leader and will continue to consult
with him.
Furthermore, as the Chair announced on January 7, 2003, in
accordance with the change in the 108th Congress of clause 2(a) of
rule IV regarding leadership staff floor access, only designated
staff approved by the Speaker shall be granted the privilege of the
floor. The Speaker intends that her approval be narrowly granted on
a bipartisan basis to staff from the majority and minority side and
only to those staff essential to floor activities.

ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO FORMER MEMBERS

The Speaker's policy announced on February 1, 2006, will
continue to apply in the 111th Congress.

ANNOUNCEMENT BY THE SPEAKER, FEBRUARY 1, 2006

The SPEAKER.⁽⁸¹⁾ The House has adopted a revision to
the rule regarding the admission to the floor and the rooms leading
thereto. Clause 4 of rule IV provides that a former Member,
Delegate or Resident Commissioner or a former Parliamentarian of
the House, or a former elected officer of the House or a former
minority employee nominated as an elected officer of the House
shall not be entitled to the privilege of admission to the Hall of
the House and the rooms extending thereto if he or she is a
registered lobbyist or an agent of a foreign principal; has any
direct personal pecuniary interest in any legislative measure
pending before the House, or reported by a committee; or is in the
employ of or represents any party or organization for the purpose
of influencing, directly or indirectly, the passage, defeat, or
amendment of any legislative proposal.
---------------------------------------------------------------------------
81. Dennis Hastert (IL).
---------------------------------------------------------------------------

This restriction extends not only to the House floor but
adjacent rooms, the cloakrooms and the Speaker's lobby.
Clause 4 of rule IV also allows the Speaker to exempt
ceremonial and educational functions from the restrictions of this
clause. These restrictions shall not apply to attendance at joint
meetings or joint sessions, Former Members' Day proceedings,
educational tours, and other occasions as the Speaker may
designate.
Members who have reason to know that a person is on the floor
inconsistent with clause 4 of rule IV should notify the Sergeant-
at-Arms promptly. . . .

8. Use of Handouts on House Floor

The Speaker's policy announced on September 27, 1995, which was
prompted by a misuse of handouts on the House floor and made at the
bipartisan request of the Committee on Standards of Official
Conduct, will continue in the 111th Congress. All handouts
distributed on or adjacent to the House floor by Members during
House proceedings must bear the name of the Member authorizing
their distribution. In addition, the content of those materials
must comport with standards of propriety applicable to words spoken
in debate or inserted in the Record. Failure to comply with this
admonition may constitute a breach of decorum and may give rise to
a question of privilege.
The Chair would also remind Members that, pursuant to clause 5
of rule IV, staff is prohibited from engaging in efforts in the
Hall of the House or rooms leading thereto to influence Members
with regard to the legislation being amended. Staff cannot
distribute handouts.
In order to enhance the quality of debate in the House, the
Chair would ask Members to minimize the use of handouts.

9. Use of Electronic Equipment on House Floor

The Speaker's policy announced on January 27, 2000, as modified
by the change in clause 5 of rule XVII in the 108th Congress, will
continue in the 111th Congress. All Members and staff are reminded
of the absolute prohibition contained in clause 5 of rule XVII
against the use of a wireless telephone or personal computer upon
the floor of the House at any time.
The Chair requests all Members and staff wishing to receive or
make wireless telephone calls to do so outside of the Chamber. The
Chair further requests that all Members and staff refrain from
wearing telephone headsets in the Chamber and to deactivate any
audible ring of wireless phones before entering the Chamber. To
this end, the Chair insists upon the cooperation of all Members and
staff and instructs the Sergeant-at-Arms, pursuant to clause 3(a)
of rule II and clause 5 of rule XVII, to enforce this prohibition.

10. Use of Chamber

The Speaker will make the following announcement with regard to
use of the Chamber in the 111th Congress.
The Chair will announce to the House the policy of the Speaker
concerning appropriate comportment in the chamber when the House is
not in session.
Under clause 3 of rule I, the Speaker is responsible to control
the Hall of the House. Under clause 1 of rule IV, the Hall of the
House is to be used only for the legislative business of the House,
for caucus and conference meetings of its Members, and for such
ceremonies as the House might agree to conduct there.
When the House stands adjourned, its chamber remains on static
display. It may accommodate visitors in the gallery or on the
floor, subject to the needs of those who operate, maintain, and
secure the chamber to go about their ordinary business. Because
outside ``coverage'' of the chamber is limited to floor proceedings
and is allowed only by accredited journalists, when the chamber is
on static display no audio and video recording or transmitting
devices are allowed. The long custom of disallowing even still
photography in the chamber is based at least in part on the notion
that an image having this setting as its backdrop might be taken to
carry the imprimatur of the House.
The imprimatur of the House adheres to the Journal of its
proceedings, which is kept pursuant to the Constitution. The
imprimatur of the House adheres to the Congressional Record, which
is kept as a substantially verbatim transcript pursuant to clause 8
of rule XVII. The imprimatur of the House adheres to the audio and
visual transmissions and recordings that are made and kept by the
television system administered by the Speaker pursuant to rule V.
But the imprimatur of the House may not be appropriated to other,
ad hoc accounts or compositions of events in its chamber.
There have been reports during a recent ``August recess'' that
the chamber was turned to inappropriate use by concerted activity.
Those reports included the solicitation of visitors to fill seats
on the floor to observe mock proceedings on the floor,
dissemination of bootleg ``coverage'' of these proceedings over the
internet, and lobbyist participation in the speechmaking.
Things of this sort should not recur. Members correctly refer
to this place as ``the people's House.'' It is, indeed, the chamber
of the people's House of Representatives. It is for legislative
deliberations and ceremonies. It is not for political rallies. The
Chair enlists the good judgment of all Members to the end that this
chamber be preserved as the sanctuary of solemnity, deliberacy, and
decorum that the rules of the House ordain it to be.

Comportment of Members

Sec. 1.18 Under clause 7 of rule XVII,⁽⁸²⁾ it is not in
order in debate ``to introduce to or to bring to the attention of
the House'' persons in the gallery.
---------------------------------------------------------------------------
82. House Rules and Manual Sec. 966 (2017).
---------------------------------------------------------------------------

On July 17, 2012,⁽⁸³⁾ the Chair reminded a Member of the
prohibition in clause 7 of rule XVII:
---------------------------------------------------------------------------
83. 158 Cong. Rec. 11463, 11466, 112th Cong. 2d Sess. See also
Deschler's Precedents Ch. 4 Sec. Sec. 5.3-5.5.
---------------------------------------------------------------------------

Mr. [John] GARAMENDI [of California]. Excuse me just for a
moment. I noticed in our gallery two gentlemen, soldiers, who are
here, both of them wounded in the wars. This is part of a group
that comes in here every day when we're in session to watch what
we're doing. They just stepped out the door, and I wanted to catch
them before they left to recognize them for the services that they
provide. They may come back in, in which case I will interrupt you
again.

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore.⁽⁸⁴⁾ The Chair will remind
all Members that it is not in order to bring to the attention of
the House an occupant in the gallery.
---------------------------------------------------------------------------
84. Blake Farenthold (TX).
---------------------------------------------------------------------------

Sec. 1.19 In preparation for a joint session to receive a message from
the President, the Chair announced that the practice of reserving
seats by placard for the joint session would not be allowed and
that Members could reserve seats only by physical presence
following a security sweep of the Chamber.

On January 24, 2012,⁽⁸⁵⁾ the following customary
announcement was made:
---------------------------------------------------------------------------
85. 158 Cong. Rec. 284, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽⁸⁶⁾ After consultation
among the Speaker and the majority and minority leaders, and with
their consent, the Chair announces that, when the two Houses meet
tonight in joint session to hear an address by the President of the
United States, only the doors immediately opposite the Speaker and
those immediately to his left and right will be open.
---------------------------------------------------------------------------
86. Steve Womack (AR).
---------------------------------------------------------------------------

No one will be allowed on the floor of the House who does not
have the privilege of the floor of the House. Due to the large
attendance that is anticipated, the rule regarding the privilege of
the floor must be strictly enforced. Children of Members will not
be permitted on the floor. The cooperation of all Members is
requested.
The practice of purporting to reserve seats prior to the joint
session by placement of placards or personal items will not be
allowed. Chamber Security may remove these items from the seats.
Members may reserve their seats only by physical presence following
the security sweep of the Chamber.
Pursuant to clause 12(a) of rule I, the Chair declares the
House in recess until approximately 8:35 p.m. for the purpose of
receiving in joint session the President of the United States.
Accordingly (at 4 o'clock and 58 minutes p.m.), the House stood
in recess until approximately 8:35 p.m.

Sec. 1.20 Under clause 7 of rule XIV (now clause 5 of rule
XVII),⁽⁸⁷⁾ smoking is not permitted in the Chamber of
the House.⁽⁸⁸⁾
---------------------------------------------------------------------------
87. House Rules and Manual Sec. 962 (2017).
88. For a similar ruling in the Committee of the Whole, see 132 Cong.
Rec. 21707, 99th Cong. 2d Sess. (Aug. 14, 1986).
---------------------------------------------------------------------------

On October 15, 1990,⁽⁸⁹⁾ the Chair responded to
parliamentary inquiries regarding smoking in the Chamber as follows:
---------------------------------------------------------------------------
89. 136 Cong. Rec. 29248, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRY

Mr. [Martin] RUSSO [of Illinois]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore.⁽⁹⁰⁾ The gentleman will
state it.
---------------------------------------------------------------------------
90. Richard Gephardt (MO).
---------------------------------------------------------------------------

Mr. RUSSO. Mr. Speaker, I was wondering if the Speaker would
advise the membership as to what the rulesof the House are in terms
of smoking cigars, cigarettes, and pipes in the Chamber.
The SPEAKER pro tempore. The gentleman has asked what the rules
of the House are on smoking on the floor.
The Chair would advise the gentleman that clause 7 of rule XIV
states that ``neither shall any person be allowed to smoke upon the
floor of the House at any time.''
Mr. RUSSO. I have a further parliamentary inquiry. Does that
mean Members can smoke behind the rail, or is that prohibited? Is
smoking behind the rail prohibited?
The SPEAKER pro tempore. The chair would say to the gentleman
that the area behind the rail is part of the area of the floor of
the House, and smoking is not allowed.
Mr. RUSSO. Under no circumstances can a Member have a cigar,
cigarette, or pipe lit on the floor of this Chamber, anywhere
inside this Chamber?
The SPEAKER pro tempore. The gentleman is correct.
Mr. RUSSO. Would the Chair indicate how we could enforce those
rules?
The SPEAKER pro tempore. The Chair will attempt to enforce it
with officers and employees of the House.
Mr. RUSSO. Well, let Members beware.

Sec. 1.21 Where the Speaker was informed by the Sergeant-at-Arms of a
possible hazardous material spill in the Capitol prior to convening
for morning-hour debate, the Speaker exercised authority under an
order of the House to dispense with morning-hour debate and convene
the House for legislative business at its usual
time.⁽⁹¹⁾
---------------------------------------------------------------------------
91. Parliamentarian's Note: This was the inaugural use of the Speaker's
authority to dispense with morning-hour debate without also
changing the date for the convening of the House. This
authority was first incorporated into the order for morning-
hour debate on January 7, 2014, which was added to enhance the
Speaker's ``continuity'' authorities and give the House greater
flexibility in responding to exigent circumstances.
---------------------------------------------------------------------------

On July 10, 2014,⁽⁹²⁾ the following occurred:
---------------------------------------------------------------------------
92. 160 Cong. Rec. H6039 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

The House met at noon and was called to order by the
Speaker. -------------------

COMMUNICATION FROM THE SERGEANT AT ARMS OF THE HOUSE

The SPEAKER laid before the House the following communication
from the Sergeant at Arms of the House of Representatives:

House of Representatives,
Washington, DC, July 10, 2014.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.

Dear Mr. Speaker: As you are aware, the time previously
appointed for the next meeting of the House is 10 a.m. today for
morning-hour debate. This is to notify you, pursuant to clause
12(c) of rule I, of an imminent impairment of the place of
reconvening at that time. The impairment is due to an industrial
accident.

Sincerely,
Paul D. Irving,
Sergeant at Arms. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁹³⁾ Under clause 12(c) of rule I, and
the order of the House of January 7, 2014, the Speaker dispensed
with morning-hour debate today and notified Members accordingly.
---------------------------------------------------------------------------
93. John Boehner (OH).
---------------------------------------------------------------------------

Sec. 2. The Electronic Voting System; Legislative Call System

Over the course of the last several decades, the House Chamber has
been equipped with various forms of technology that assist Members in
debate and in conducting votes. A microphone amplification system was
installed in the 1930s⁽¹⁾ and television broadcasting was
enabled in the 1970s.⁽²⁾ To alert Members that a vote in the
Chamber would be forthcoming, the House installed a legislative call
system (signal bells) that would ring throughout the House side of the
Capitol and the House office buildings at certain intervals to indicate
a particular type of vote or quorum call.⁽³⁾ The system was
first used in 1890 and was significantly modified in 1963 to add light
indicators in addition to bells, now integrated into House clocks. The
system is still in use today, although the advent of mobile phones and
Internet communications has provided alternate means for Members to be
informed in a timely manner of votes occurring on the floor. The
history and use of the electronic voting system was explored in a
select committee report that centered on voting irregularities in the
110th Congress.⁽⁴⁾
---------------------------------------------------------------------------
1. See Sec. 3, infra.
2. Id.
3. For a detailed description of the particular signals and their
meaning, see House Rules and Manual Sec. 1016 (2017). An
earlier version of the same information appears at Deschler's
Precedents Ch. 30 Sec. 31.2.
4. H. Rept. 110-885, 110th Cong., 2d Sess.
---------------------------------------------------------------------------

The electronic voting system was installed at the end of the 92d
Congress in 1972, and was first used in the 93d Congress in
1974.⁽⁵⁾ A resolution amending the rules of the House was
adopted in October, 1972, to provide for procedures for conducting
votes by electronic device.⁽⁶⁾ On January 15, 1973, the
Speaker inserted a statement into the Congressional Record detailing
the protocols and policies that would be used when the new voting
system became operational.⁽⁷⁾ Over the years, Speakers have
reiterated and revised these policies.⁽⁸⁾
---------------------------------------------------------------------------
5. Parliamentarian's Note: The idea for a mechanical or electronic
means of recording votes had been discussed in the House as
early as 1886, and hearings on the issue were held in the 63d
(1913-1914) and 64th (1915-1916) Congresses. See Electronic
Voting System in the House of Representatives: History and
Usage, CRS Report R41862, (June 13, 2011). However, it was not
until the Legislative Reorganization Act of 1970 that plans for
an electronic voting system were finally adopted. The Speaker
directed that a vote be conducted by electronic device for the
first time on January 23, 1973. See 119 Cong. Rec. 1793, 93d
Cong. 1st Sess.
6. Clause 2(b) of rule XX authorizes the Chair to conduct record votes
and quorum calls under the alternate procedures prescribed in
rule XX if the electronic voting system malfunctions. House
Rules and Manual Sec. 1014a (2017).
7. See, generally, Deschler's Precedents Ch. 30. The legislative call
system was designed to alert Members to certain occurrences on
the floor of the House, including votes, quorum calls,
adjournment of the House, and civil defense warnings.
8. See House Rules and Manual Sec. 1016 (2017) and Deschler's
Precedents Ch. 30 Sec. Sec. 31.1, 31.2. See also Speaker's
announced policies of January 3, 1991 (137 Cong. Rec. 65, 102d
Cong. 1st Sess.); January 4, 1995 (141 Cong. Rec. 457, 104th
Cong. 1st Sess.); January 5, 2007 (153 Cong. Rec. 274, 110th
Cong. 1st Sess.); January 6, 2015 (161 Cong. Rec. H34 [Daily
Ed.], 114th Cong. 1st Sess.); and January 3, 2017 (163 Cong.
Rec. H35 [Daily Ed.], 115th Cong. 1st Sess.).
---------------------------------------------------------------------------

The electronic voting system consists of several elements.
Throughout the Chamber, there are 46 voting stations where Members may
vote using electronic voting cards. The voting card is inserted, a
button depressed (indicating ``aye'', ``no'', or ``present'') and the
information is relayed to a master terminal that tallies all such
electronic votes. Members may verify that a vote has been properly
recorded by inserting the voting card again and observing which button
lights.⁽⁹⁾ A tally clerk at the rostrum monitors the master
computer, and when Members vote by ballot card in the well, the Tally
Clerk manually enters the vote into the computer system.⁽¹⁰⁾
The majority and minority parties also have monitors at their
respective tables that relay vote totals in real time.
---------------------------------------------------------------------------
9. See Deschler's Precedents Ch. 30 Sec. 31.3. For a discussion of
malfunctions of the electronic voting system, see Deschler's
Precedents Ch. 30 Sec. Sec. 31.9-31.15.
10. All steps of the voting process are examined in the House report on
voting irregularities of the 110th Congress. See H. Rept. 110-
885, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

In addition to the voting stations and the master computer, the
electronic voting system also includes large display panels on the
south wall of the Chamber, located above the press gallery. When
illuminated, these panels display the names of all Members and how they
have recorded their votes.⁽¹¹⁾ These display panels are
supplemented by two smaller display boards on the east and west sides
of the Chamber that display a concise description of the pending
question, the current vote totals, and the time remaining before the
minimum time for such vote expires.⁽¹²⁾ The Speaker has
typically announced to the House when changes or improvements in the
electronic voting system have occurred.⁽¹³⁾
---------------------------------------------------------------------------
11. Parliamentarian's Note: Under certain conditions, when new Members
are sworn in during a vote by electronic device, the electronic
system cannot be updated in real time to allow a display of
such Member's name, necessitating voting by ballot card until
the display panels can be altered. See, e.g., 157 Cong. Rec.
140, 112th Cong. 1st Sess. (Jan. 6, 2011). The Chair has
refused to entertain a unanimous-consent request to turn on the
voting display panels when there was no vote or quorum call in
progress. See 144 Cong. Rec. 25770, 105th Cong. 2d Sess. (Oct.
12, 1998).
12. Such display boards are for informational purposes only and do not
carry any procedural or parliamentary significance. See 153
Cong. Rec. 24524-26, 110th Cong. 1st Sess. (Sept. 18, 2007) and
154 Cong. Rec. 8147, 8148, 110th Cong. 2d Sess. (May 8, 2008).
13. See, e.g., 120 Cong. Rec. 6021, 93d Cong. 2d Sess. (Mar. 11, 1974)
(vote totals now available by state or party) and 123 Cong.
Rec. 11024, 95th Cong. 1st Sess. (Apr. 18, 1977) (voting
results displayed on closed-circuit television broadcast of
House proceedings).
---------------------------------------------------------------------------

Sec. 3. Audio-Visual Broadcast of House Proceedings

Audio-visual broadcasting of House proceedings began in the 1970s
and developed slowly over the course of that decade until full
implementation was achieved in 1979.⁽¹⁾ In August, 1974, the
House adopted a resolution providing for television coverage of
possible hearings on the impeachment of President Richard Nixon
(although the issue was mooted by President Nixon's resignation later
that month).⁽²⁾ In 1977, the Speaker announced a 90-day
trial period of recording House floor proceedings, with the stipulation
that such material would not be made publicly available.⁽³⁾
In October of that year, the House adopted a resolution authorizing in-
house (closed-circuit) broadcasting of House floor proceedings that
could be viewed in Members' offices (but not off campus) and directing
the Committee on Rules to study the possibility of full public
broadcasting.⁽⁴⁾
---------------------------------------------------------------------------
1. See Sec. 3.1, infra.
2. Id.
3. Id. The House adopted a resolution later the same day (raised as a
question of privilege) directing the Committee on Rules to
conduct an investigation of possible broadcasting of House
proceedings.
4. Id.
---------------------------------------------------------------------------

In 1978, news media were provided with audio (but not visual)
coverage of floor proceedings for an indefinite trial
period.⁽⁵⁾ Later that year, the Speaker announced that
preparations would be made during an upcoming period of adjournment for
full television coverage of House proceedings.⁽⁶⁾ In early
1979, the Speaker suspended closed-circuit broadcasting of House
proceedings and announced the formation of an informal panel to advise
him on regulations for television coverage (to prevent the unauthorized
use of such coverage for commercial or political
purposes).⁽⁷⁾ On March 19, 1979, full public television
broadcast of House proceedings was finally realized, with the
cooperation of the Cable-Satellite Public Affairs Network (C-SPAN),
which distributes the broadcasts through its cable affiliates. C-SPAN
and HouseLive now offer Internet streaming coverage as well, allowing
public viewing of House proceedings on computers and mobile electronic
devices.⁽⁸⁾
---------------------------------------------------------------------------
5. Id.
6. Id.
7. Id. The House resumed closed-circuit broadcasts the following
month.
8. The Senate did not authorize full public broadcast of its
proceedings until 1986. See Sec. 10, infra.
---------------------------------------------------------------------------

Rule V⁽⁹⁾ of the standing rules of the House provides
the Speaker with extensive authority to administer audio-visual
broadcasting of House proceedings. Clause 1 of rule V provides for
closed-circuit viewing of floor proceedings in Members' offices, while
clause 2 authorizes the Speaker to ``administer, direct, and control a
system for complete and unedited audio and visual broadcasting and
recording of the floor proceedings of the House.''⁽¹⁰⁾ The
primary restriction on the use of such coverage is found in clause
2(c), which prohibits use for ``partisan political campaign'' purposes
or use in commercial advertising or with commercial sponsorship (except
as part of news or public affairs documentary programs).⁽¹¹⁾
---------------------------------------------------------------------------
9. House Rules and Manual Sec. 684 (2017).
10. Id.
11. Id.
---------------------------------------------------------------------------

The Speaker's exercise of the authorities contained in rule V has
occasionally come under scrutiny by the House.⁽¹²⁾ In 1984,
the Speaker instituted a policy of having the cameras ``pan'' the
Chamber during special-order speeches, with text appearing at the
bottom of the screen to indicate that legislative business had
concluded.⁽¹³⁾ The Speaker's authority to implement such
wide-angle coverage was the subject of some controversy, due to lack of
formal consultation with the minority party.⁽¹⁴⁾ This policy
has been adjusted at various times, including during a trial period of
``Oxford-style'' debates in the House.⁽¹⁵⁾
---------------------------------------------------------------------------
12. See Sec. 3.13, infra.
13. See Sec. 3.2, infra. Such protocols were not to be used during
``interim'' special-order speeches, when legislative business
was scheduled to resume. See Sec. 3.4, infra.
14. See Sec. 3.3, infra.
15. See Sec. 3.5, infra.
---------------------------------------------------------------------------

In 1985, the Speaker exercised the authorities under rule V to
allow closed-circuit viewing of House committee proceedings for the
first time.⁽¹⁶⁾ Also in 1985, a question of the privileges
of the House was raised, directing the Speaker to provide complete
coverage of floor proceedings by including broadcast of the House while
Members are voting.⁽¹⁷⁾
---------------------------------------------------------------------------
16. See Sec. 3.6, infra.
17. See Sec. 3.7, infra.
---------------------------------------------------------------------------

Television broadcasting of House proceedings is aided by the
Chamber's internal sound system, which predated visual broadcasting by
several decades. Abortive attempts were made to install a system in the
1920s, and in 1935, a resolution was introduced instructing the
Architect of the Capitol to study the possibility of sound
amplification in the Chamber using microphones and
loudspeakers.⁽¹⁸⁾ An initial public-address system was
installed but swiftly removed (due to insufficient testing), and a
permanent system installed in 1938.⁽¹⁹⁾
---------------------------------------------------------------------------
18. 79 Cong. Rec. 660, 74th Cong. 1st Sess. (Jan. 18, 1935).
19. 84 Cong. Rec. 3, 76th Cong. 1st Sess. (Jan. 9, 1939).
---------------------------------------------------------------------------

The system remains largely unchanged since that time, with
microphones positioned at the Speaker's desk and the Reading Clerk's
lectern, and microphones for Members placed in the well of the Chamber
and at the tables for the majority and minority floor leaders. The
system is monitored from a control station situated in the gallery,
which can be adjusted to accommodate the voice of each speaker. Members
may use any microphone they wish,⁽²⁰⁾ though it is unusual
for members of one party to cross the aisle and use microphones on the
other party's side of the Chamber. Members are occasionally reminded to
speak into the microphones so that they may be heard by the
body,⁽²¹⁾ and have been requested not to use malfunctioning
microphones.⁽²²⁾ Members who do not heed the gavel or who
interrupt other Members and interject remarks while not under
recognition are not entitled to the floor, and the Chair may order
microphones turned off in response to such disorderly
conduct.⁽²³⁾ Members are also prohibited from disruptive
conduct in the Chamber including denying others the use of legislative
instruments such as lecterns and microphones.⁽²⁴⁾ During
ceremonial joint meetings, at which a foreign dignitary delivers
remarks in a foreign language, the Chamber has sometimes been equipped
with headsets by which Members may hear simultaneous English
translation.⁽²⁵⁾
---------------------------------------------------------------------------
20. See Sec. 3.11, infra.
21. See Sec. 3.10, infra.
22. See Sec. 3.12, infra.
23. See Sec. 3.13, infra.
24. Rule XVII, clause 9, House Rules and Manual Sec. 968(a) (2017).
25. See, e.g., 142 Cong. Rec. 2202-205. 104th Cong. 2d Sess. (Feb. 1,
1996); 143 Cong. Rec. 2759, 2760, 2762, 105th Cong. 1st Sess.
(Feb. 27, 1997); and 150 Cong. Rec. 1032-34, 108th Cong. 2d
Sess. (Feb. 4, 2004).
---------------------------------------------------------------------------

By long custom, still photography inside the Chamber is generally
not permitted.⁽²⁶⁾ However, each Congress, Members of the
House sit for the official photograph of the House (which typically
consists of one wide-angle photograph of the entire
Chamber).⁽²⁷⁾ On special occasions, the House has, by
resolution, permitted authorized individual access to the floor in
order to take photographs and other recordings of House
proceedings.⁽²⁸⁾ In the 115th Congress, clause 3(g) was
added to rule II⁽²⁹⁾ to authorize the Sergeant-at-Arms to
assess fines against Members for improper use of electronic devices for
still photography or audio-visual broadcasting in the House
Chamber.⁽³⁰⁾
---------------------------------------------------------------------------
26. See Deschler's Precedents Ch. 4 Sec. 3.5.
27. See Sec. 3.8, infra.
28. See Sec. Sec. 3.9, 5.1, infra and Sec. 1.7, supra.
29. House Rules and Manual Sec. 660a (2017).
30. Parliamentarian's Note: This addition to the standing rules of the
House came in response to protests by the minority party on the
House floor that included the use of mobile phones to broadcast
video of the protests via Internet streaming services. See 163
Cong. Rec. H7-H28 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3,
2017).
---------------------------------------------------------------------------

Pre-cable Television Broadcasts

Sec. 3.1 Prior to the advent of full television coverage of House
proceedings on the Cable-Satellite Public Affairs Network (C-SPAN),
the House had previously made provisions to broadcast proceedings
of the House (including floor proceedings and committee activity)
on a limited basis, including closed-circuit television broadcast
to Members' offices.

Over the course of the 1970s, the House experimented with various
forms of audio-visual broadcasting of House proceedings, culminating in
the full cable broadcast on the Cable-Satellite Public Affairs Network
(C-SPAN) in 1979. In one of the first instances of the House making
provisions for television coverage, the House adopted a privileged
resolution in 1974 permitting television, radio and photographic
coverage of House proceedings of a resolution proposing impeachment of
President Richard M. Nixon, and creating a special committee to make
necessary arrangements for such coverage subject to approval of the
Speaker (thereby waiving Speakers' rulings prohibiting such coverage of
House proceedings).⁽³¹⁾ The subsequent resignation of
President Nixon mooted these authorities, provided on August 7, 1974,
as follows:⁽³²⁾
---------------------------------------------------------------------------
31. See rulings of Speaker Sam Rayburn of Texas: 98 Cong. Rec. 1334,
1335, 82d Cong. 2d Sess. (Feb. 25, 1952) and 101 Cong. Rec.
628, 629, 84th Cong. 1st Sess. (Jan. 24, 1955).
32. 120 Cong. Rec. 27266, 27268, 27269, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

TELEVISION AND RADIO BROADCAST OF PROCEEDINGS OF THE HOUSE OF
REPRESENTATIVES

Mr. [Ray] MADDEN [of Indiana]. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 802 and ask for its
immediate consideration.
The Clerk read the resolution as follows:

H. Res. 802

Whereas clause 33 of rule XI of the Rules of the House of Representatives
provides for coverage by television and radio broadcast of committee
hearings which are open to the public; and

Whereas there is no provision in said rules for coverage by television
and radio broadcast of proceedings in the House Chamber, except that such
coverage is prohibited by the ruling of previous Speakers of the House; and

Whereas it is probable that there will be brought to the floor of the
House for its consideration the question of the impeachment of the
President of the United States; and

Whereas the question of the impeachment of the President is of such
historic and national importance as to command the keen interest of every
American throughout the Nation; and

Whereas television and radio facilities are available to broadcast
throughout the Nation the historic proceedings in the Chamber of the House
on the question of the impeachment of the President; and

Whereas it is in the national interest that the historic debate be
broadcast by radio and television facilities throughout the Nation: Now,
therefore, be it

Resolved, That, notwithstanding any ruling or custom to the contrary, the
proceedings in the Chamber of the House of Representatives on any
resolution to impeach the President of the United States may be broadcast
by radio and television facilities.

Sec. 2. The Speaker of the House of Representatives is authorized to
appoint a committee of five members, including the majority and minority
leaders, to provide such arrangements as may be necessary in connection
with such broadcast.

With the following committee amendment:

Strike out all after the resolving clause and insert:

That, notwithstanding any rule, ruling, or custom to the contrary, the
proceedings in the Chamber of the House of Representatives relating to the
resolution reported from the Committee on the Judiciary, recommending the
impeachment of Richard M. Nixon, President of the United States, may be
broadcast by radio and television and may be open to photographic coverage,
subject to the provisions of section 2 of this resolution.

Sec. 2. A special committee of four members, composed of the majority and
minority leaders of the House, and the majority and minority whips of the
House, is hereby authorized to arrange for the coverage made in order by
this resolution and to establish such regulations as they may deem
necessary and appropriate with respect to such broadcast or photographic
coverage: Provided, however,

That any such arrangements or regulations shall be subject to the final
approval of the Speaker; and if the special committee or the Speaker shall
determine that the actual coverage is not in conformity with such
arrangements and regulations, the Speaker is authorized and directed to
terminate or limit such coverage in such manner as may protect the
interests of the House of Representatives.

Mr. MADDEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker. House Resolution 802 provides that the proceedings
in the Chamber of the House of Representatives relating to the
resolution reported from the Committee on the Judiciary,
recommending the impeachment of Richard Nixon, President of the
United States, may be broadcast by radio and television and may be
open to photographic coverage. House Resolution 802 provides for a
special committee of four Members, the majority and minority
leaders of the House of Representatives and the majority and
minority whips of the House of Representatives, to arrange for the
radio, television, and photographic coverage. Their arrangements
shall be subject to the final approval of the Speaker of the House.
If the special committee or the Speaker shall determine that the
actual coverage is not in conformity with the promulgated
arrangements and regulations, the Speaker is authorized to
terminate the coverage in a manner consistent with the interests of
the House of Representatives. . . .
The SPEAKER.⁽³³⁾ The question is on the committee
amendment.
---------------------------------------------------------------------------
33. Carl Albert (OK).
---------------------------------------------------------------------------

The committee amendment was agreed to.
Mr. MADDEN. Mr. Speaker, I move the previous question on the
resolution.
The previous question was ordered.
The SPEAKER. The question is on the resolution.
Mr. [Earl] LANDGREBE [of Indiana]. Mr. Speaker, on that I
demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were-yeas
385, nays 25, not voting 24, as follows: . . .

In 1977, the Speaker announced the beginning of a 90-day test of
recording House proceedings, whereby an audio-visual transmission would
be carried live to television sets within the Capitol complex but would
not be released outside the Capitol for any purpose.⁽³⁴⁾ On
March 15, 1977,⁽³⁵⁾ the following announcement was made:
---------------------------------------------------------------------------
34. Parliamentarian's Note: At the time of this 90-day test, the rules
and precedents of the House did not permit the television or
radio broadcast of House proceedings or the use of the audio
and video excerpts from House proceedings outside the Capitol.
But pursuant to the Speaker's general authority over the Hall
of the House under clause 3 of rule I (House Rules and Manual
Sec. 623 (2017)), the Speaker could authorize this limited
experiment in closed-circuit audio-visual broadcasting.
35. 123 Cong. Rec. 7607, 7608, 95th Cong. 1st Sess.; House Rules and
Manual Sec. Sec. 684, 704 (2017).
---------------------------------------------------------------------------

AUDIO-VISUAL RECORDING OF HOUSE PROCEEDINGS--ANNOUNCEMENT BY
THE SPEAKER

The SPEAKER.⁽³⁶⁾ The Chair desires to make an
announcement. Today the House begins a historic 90-day test of the
audio-visual recording of our proceedings on the floor.
---------------------------------------------------------------------------
36. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Three cameras will audiovisually record the floor proceedings
from fixed positions in the Chamber, over the center clock, in the
periodical press gallery, and in the radio-TV gallery.
The picture and sound will be carried on a closed-circuit
system to the Rayburn House Office Building, the only building with
the capability of receiving the signal. The proceedings may be
viewed on channel 3 of any television set connected to the master
antenna in the Rayburn Building, but will not be broadcast and will
not be released outside of Capitol buildings under the control of
the House for any purpose.
Members should be aware that the coverage will last from the
opening gavel to the beginning of special orders on each
legislative day.
The House rules do not permit television or radio broadcast of
House proceedings, or the use of audio and video excerpts outside
the Capitol. It is the Chair's intention to seek authority from the
House if it is considered appropriate to commence permanent
broadcast-media coverage or to permit use of video or live coverage
of the House proceedings by the news media. The Chair desires to
emphasize that during the 90-day test video and audio recordings
are not to be taken from any transmission for any purpose. The
Chair seeks the cooperation of all Members in insuring that the
test is conducted in a manner befitting the dignity of the House
and fulfilling the purposes for which it has been undertaken.

Also in 1977, the chair of the Committee on House Administration
announced that the committee had placed in operation a modification to
the electronic voting system to allow the display of voting information
during a rollcall vote on the closed-circuit television system being
tested in the Chamber. On April 18, 1977,⁽³⁷⁾ the following
announcement was made:
---------------------------------------------------------------------------
37. 123 Cong. Rec. 11024, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

MODIFICATION OF THE ELECTRONIC VOTING SYSTEM

The SPEAKER pro tempore.⁽³⁸⁾ Under a previous order
of the House, the gentleman from New Jersey (Mr. Thompson) is
recognized for 10 minutes.
---------------------------------------------------------------------------
38. James Wright (TX).
---------------------------------------------------------------------------

Mr. [Frank] THOMPSON. Mr. Speaker, as you know, the electronic
voting system, which is used here in the Chamber to record Member's
votes, has been modified many times in the past to comply with the
requirements of the House. Today, the Committee on House
Administration has placed in operation a modification to the system
which will allow the broadcasting of in-progress voting information
over the closed circuit television network being tested in the
Chamber.
During a vote, the offices connected to the television network
will be able to follow the progress of the vote by observing the
summary display information on the screen consisting of vote totals
by party affiliation. The voting information will be updated every
20 seconds during each vote cycle.
The Committee on House Administration is pleased that it can
continue to respond to requests for new features of the electronic
voting system that will assist the leadership and the Members
accomplish their responsibilities in a more efficient manner.

Later in the year, the House adopted a privileged resolution
reported from the Committee on Rules to provide for a system of closed-
circuit viewing of House proceedings, and for the orderly development
(through the Speaker and the Committee on Rules) of a system for full
audio-visual broadcasting and recording of House proceedings. On
October 27, 1977,⁽³⁹⁾ the following resolution was adopted:
---------------------------------------------------------------------------
39. 123 Cong. Rec. 35425, 35426, 35428, 35437, 95th Cong. 1st Sess.;
House Rules and Manual Sec. 684 (2017).
---------------------------------------------------------------------------

Mr. [Bernice] SISK [of California]. Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 866 and ask
for its immediate consideration.
The Clerk read the resolution as follows:

H. Res. 866

Resolved, That it is the purpose of this resolution to provide for a
system for closed circuit viewing of the proceedings of the House and to
provide for the orderly development of a system for audio and visual
broadcasting thereof.

establishment of closed circuit system

Sec. 2. The Speaker shall devise and implement a system subject to his
direction and control for closed circuit viewing of floor proceedings of
the House of Representatives in the offices of all Members and committees
and in such other places in the Capitol and the House office Buildings as
he deems appropriate. Such system may include other telecommunications
functions as he deems appropriate.

study of broadcasting

Sec. 3. The Committee on Rules shall conduct a study of all alternative
methods of providing complete and unedited audio and visual broadcasting of
the proceedings of the House of Representatives. The committee shall report
its findings and recommendations as soon as practicable but not later than
February 15, 1978.

establishment of broadcasting system

Sec. 4. (a) As soon as practicable after receipt of the report of the
committee, the Speaker shall devise and implement a system subject to his
direction and control for complete and unedited audio and visual
broadcasting and recording of the proceedings of the House of
Representatives. He shall provide for the distribution of such broadcasts
and recordings thereof to news media and the storage of audio and video
recordings of the proceedings.

(b)(1) All television and radio broadcasting stations, networks,
services, and systems (including cable systems) which are accredited to the
House Radio and Television Correspondents' Galleries, and all radio and
television correspondents who are accredited to the Radio and Television
Correspondent's Galleries shall be provided access to the live coverage of
the House of Representatives.

(2) No coverage made available under this resolution nor any recording
thereof shall be used for any political purpose.

(3) Coverage made available under this resolution shall not be broadcast
with commercial sponsorship except as part of bona fide news programs and
public affairs documentary programs. No part of such coverage or any
recording thereof shall be used in any commercial advertisement.

authority to delegate

Sec. 5. The Speaker may delegate any of his responsibilities under this
resolution to such legislative entity as he deems appropriate. . . .

Mr. SISK. Mr. Speaker, I move the previous question on the
resolution.
The previous question was ordered.
The SPEAKER pro tempore.⁽⁴⁰⁾ The question is on the
resolution.
---------------------------------------------------------------------------
40. James Wright (TX).
---------------------------------------------------------------------------

The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [John] ROUSSELOT [of California]. Mr. Speaker, I object to
the vote on the ground that a quorum is not present and make the
point of order that a quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
342, nays 44, not voting 48, as follows:

Pursuant to this authorization, the Speaker announced that all
accredited news media would be allowed, for an indefinite trial period,
to monitor and distribute full audio coverage⁽⁴¹⁾ of the
proceedings of the House (but not for any commercial or political
purposes) and requested cooperation in upholding the integrity and
dignity of House proceedings. On June 8, 1978,⁽⁴²⁾ the
following announcement was made:
---------------------------------------------------------------------------
41. Parliamentarian's Note: Section 4(a) of House Resolution 866 (see
supra) authorized the Speaker to implement a system for audio
and visual coverage and broadcasting, but did not require that
audio and visual coverage be implemented simultaneously.
42. 124 Cong. Rec. 16746, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁴³⁾ The Chair desires to make an
announcement.
---------------------------------------------------------------------------
43. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Pursuant to House Resolution 866, adopted by the House on
October 27, 1977, closed circuit audiovisual coverage of House
proceedings has now been made available to all three House office
buildings.
Under the provisions of that resolution, all accredited news
media will be allowed beginning on Monday, June 12, to plug into
the House microphone systems and to distribute full audio coverage
of House proceedings for an indefinite trial period.
The Chair desires to stress that none of such broadcasts may be
used for any commercial or political purposes. The Chair requests
the cooperation of all parties involved in this endeavor to assure
that the dignity and integrity of the proceedings of the House are
upheld.

Similarly, pursuant to the authority to implement television
coverage, the Speaker inserted in the Congressional Record an
announcement that during the adjournment sine die of the second session
of the 95th Congress, work would proceed towards implementing
television coverage of the House. On October 14, 1978,⁽⁴⁴⁾
the following was submitted to the Congressional Record:
---------------------------------------------------------------------------
44. 124 Cong. Rec. 38770, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

TELEVISION COVERAGE OF THE HOUSE

Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, during
the period following adjournment, the work will proceed toward
implementing the recommendations of House Resolution 866 to provide
television coverage of the proceedings of the House. I have asked
the Honorable Charlie Rose to head an informal advisory group to
deal with all questions concerning this subject and to advise me on
the approaches that we should take on such matters as camera
angles, lighting, broadcast signal, and archival. Mr. Rose is
working closely with the Architect of the Capitol and the Clerk of
the House in completing the total effort. In the interim, any
questions or recommendations regarding the television system should
be directed to Mr. Rose.

In 1979, the Speaker announced his designation of an informal panel
to advise him on regulations governing the new audio and visual
broadcasting system and distribution of reproductions therefrom, and
further announced that, pending full utilization of the House
television system, closed-circuit audio and video coverage to Members'
offices would be permitted on opening day only, and that subsequent
broadcasting would be suspended until the informal panel could advise
the Speaker.⁽⁴⁵⁾
---------------------------------------------------------------------------
45. Parliamentarian's Note: During debate on House Resolution 5 (the
resolution adopting the standing rules), Rep. John Anderson of
Illinois was concerned that Members would continue, as some had
during the end of the 95th Congress, to reproduce video
broadcasts of their speeches on the House floor for
distribution to local stations. While the Majority Leader
pointed out that such distribution was not permitted for
commercial or political purposes, the Speaker declined to make
a broad statement totally prohibiting such distribution,
preferring instead to remind Members that the closed-circuit
system was for ``viewing'' only and that political
reproductions were not permitted.
---------------------------------------------------------------------------

On January 15, 1979,⁽⁴⁶⁾ following the adoption of the
rules for the 96th Congress, at which time Members' ability to record
and distribute video of floor proceedings was discussed, the Speaker
made the following announcement:
---------------------------------------------------------------------------
46. 125 Cong. Rec. 20, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁴⁷⁾ The Chair would take this
opportunity to advise Members that he has, pursuant to clause 9 of
rule I, asked an informal panel to advise him on the full and final
implementation of broadcasting, telecasting, and closed circuit
viewing of the proceedings of the House. At the appropriate time
the Chair will announce his regulations pertaining to the
utilization of the new system and distribution to audio and video
reproduction from that system. In the meantime aside from closed
circuit viewing to Members' offices today for the convenience of
Members and their friends, there will be no audio or video coverage
of the proceedings of the House, other than the audio pickup
available to accredited members of the radio-TV gallery until full
implementation is completed. This is to enable the Chair's advisory
panel to devote its full resources to the earliest practicable
implementation of the new system.
---------------------------------------------------------------------------
47. Thomas O'Neill (MA).

The next month, the Speaker announced that pursuant to clause 9(a)
of rule I (now clause 1 of rule V),⁽⁴⁸⁾ closed-circuit
audio-visual coverage of House proceedings would resume on Monday,
February 19, 1979, and further reminded Members that the closed-circuit
system was intended for viewing in Members' offices only and was not to
be utilized for commercial or political purposes. The Speaker also
announced that his informal advisory committee on
broadcasting⁽⁴⁹⁾ anticipated that complete audio-visual
broadcasting and recording of House proceedings would begin in March.
On February 15, 1979,⁽⁵⁰⁾ the following announcement was
made:
---------------------------------------------------------------------------
48. House Rules and Manual Sec. 684 (2017).
49. See supra.
50. 125 Cong. Rec. 2594, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

The SPEAKER.⁽⁵¹⁾ The Chair announces that, pursuant
to the provisions of clause 9(a), rule I, closed circuit viewing of
House floor proceedings will resume effective Monday, February 19,
1979.
---------------------------------------------------------------------------
51. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The Chair would stress that under clause 9, rule I, the closed
circuit system to Members' offices only, and is not to be utilized
for commercial or political purposes. The Chair requests the
cooperation of all persons concerned to assure that the dignity and
integrity of the proceedings of the House are upheld.
The Chair's Informal Advisory Committee has informed the Chair
that a system for complete and unedited audio and visual
broadcasting and recording of House proceedings will be available
beginning in early March. The Chair will announce his full
implementation of that system in the near future.

Finally, on March 19, 1979,⁽⁵²⁾ a Member addressed the
House in a one-minute speech to announce the first televised broadcast
of House proceedings:
---------------------------------------------------------------------------
52. 125 Cong. Rec. 5411, 96th Cong. 1st Sess. On April 3, 1979, the
chair of the ad hoc panel supervising the broadcast of House
proceedings announced that full nationwide broadcast of the
televised proceedings of the House had been achieved. See 125
Cong. Rec. 7054, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

FIRST DAY OF TELEVISING OF HOUSE PROCEEDINGS A HISTORIC
OCCASION

(Mr. [Albert] GORE [of Tennessee] asked and was given
permission to address the House for 1 minute.)
Mr. GORE. Mr. Speaker, on this historic day the House of
Representatives opens its proceedings for the first time to
televised coverage. I wish to congratulate the Speaker for his
courage in making this possible and the committee which has worked
so hard under the leadership of the gentleman from North Carolina,
Mr. Charlie Rose, to make this a reality.
Television will change this institution, Mr. Speaker, just as
it has changed the executive branch, but the good will far outweigh
the bad. From this day forward every Member of this body must ask
himself or herself how many Americans are listening to the debates
which are made.
When the House becomes comfortable with the changes brought by
television coverage, the news media will be allowed to bring its
own cameras into the Chamber. In the meantime, there is no
censorship. Every word is available for broadcast coverage, and
journalists will be able to use and edit as they see fit. It is a
solution for the lack of confidence in government, Mr. Speaker,
which will open government at all levels. I hope, for example, that
the leadership of the U.S. Senate will see this as a friendly
challenge to begin to open its proceedings.
The marriage of this medium and of our open debate have the
potential, Mr. Speaker, to revitalize representative democracy.

Panning the Chamber

Sec. 3.2 In response to parliamentary inquiries about the Speaker's
directive that television cameras covering special-order speeches
include periodic wide-angle coverage of the entire House Chamber,
the Chair stated that such action was consistent with the authority
conferred upon the Speaker under clause 9 of rule I (now clause 2
of rule V)⁽⁵³⁾ to devise and implement complete and
unedited audio and visual coverage of the proceedings of the House.
---------------------------------------------------------------------------
53. House Rules and Manual Sec. 684 (2017).
---------------------------------------------------------------------------

On May 10, 1984,⁽⁵⁴⁾ after the Speaker had directed the
Clerk to implement periodic wide-angle television coverage of all
special-order speeches (with captions at the bottom of the screen
indicating that legislative business had been completed), the following
occurred:
---------------------------------------------------------------------------
54. 130 Cong. Rec. 11892, 11894, 11898-11900, 98th Cong. 2d Sess.
---------------------------------------------------------------------------

THE INTEGRITY OF THE CONGRESSIONAL RECORD

The SPEAKER pro tempore.⁽⁵⁵⁾ Under a previous order
of the House, the gentleman from Pennsylvania (Mr. Walker) is
recognized for 60 minutes. . . .
---------------------------------------------------------------------------
55. George Darden (GA).
---------------------------------------------------------------------------

I am going to go into that incident in just a moment. But I do
want to take note of something that is evidently happening right
now which is a change of procedure here. It is my understanding
that as I deliver this special order this evening, the cameras are
panning this Chamber, demonstrating that there is no one here in
the Chamber to listen to these remarks. . . .
Mr. [David] MARTIN [of New York]. It is most interesting as I
was in my office as many of the Members are from time to time,
observing the proceedings of the House and I noticed this new
procedure, and I was aware of the question that has been brought up
about the televising of the events of the House of Representatives
and I became aware immediately that something was different. . .
. -------------------

PARLIAMENTARY INQUIRY

Mr. [Trent] LOTT [of Mississippi]. I have a parliamentary
inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr. LOTT. We have had a change in the way the House is run, the
decorum of this body, this afternoon, without any consultation,
without any prior notice, and I would like to make the inquiry as
to what is the basis for this change in the way that this House is
being run this afternoon.
The SPEAKER pro tempore. To the distinguished gentleman from
Mississippi, the Chair will cite the following rule, rule I, clause
9:
9. (a) He shall devise and implement a system subject to his
direction and control for closed circuit viewing of floor
proceedings of the House of Representatives in the offices of all
Members and committees and in such other places in the Capitol and
the House Office Buildings as he deems appropriate. Such system may
include other telecommunications functions as he deems appropriate.
(b)(1) He shall devise and implement a system subject to his
direction and control for complete and unedited audio and visual
broadcasting and recording of the proceedings of the House of
Representatives. He shall provide for the distribution of such
broadcasts and recordings thereof to news media and the storage of
audio and video recordings of the proceedings.
Mr. LOTT. The Chair is saying then that this has been a
unilateral decision by the Speaker, without any prior consultation,
to make a fundamental change in the way this institution is shown
by the televised coverage.
I know the gentleman cannot respond. I am making that statement
as to what I understood he read in the rules.
The SPEAKER pro tempore. The Chair will respond to the inquiry
of the gentleman from Mississippi as follows:
It is my understanding that the Speaker has in fact authorized
this change, and it is the Chair's ruling that he is authorized to
make this change pursuant to the rule of the House herein before
stated.
Mr. [Robert] WALKER [of Pennsylvania]. I have a further
parliamentary inquiry.
Could the gentleman tell me what the change is?
The SPEAKER pro tempore. It is the Chair's understanding that
the rule is to be applied impartially.
Mr. WALKER. Will the gentleman tell us what the change is? Is
the change to have the House covered completely from the moment we
go into session until we go out of session at night, with panning
of the Chamber, or is this only to take place during special
orders?
The SPEAKER pro tempore. The Chair is not prepared to respond
in detail and has no specific knowledge.
Mr. WALKER. I yield to the gentleman from Ohio.
Mr. [Bob] McEWEN [of Ohio]. Could the Speaker inform me as to
whether or not this is a result of the Democrat Caucus that met
yesterday for the purpose of discussing how they might call TV
signals and improve their TV coverage?
The SPEAKER pro tempore. The Chair has no immediate knowledge
of any specific agreement.
Mr. LOTT. Can the Chair assure this House that whatever change
has occurred, which the Members of the House were not informed of,
will be done fairly and impartially, and that the same procedures
that have been used this afternoon against the gentleman from
Pennsylvania will be used in the same way by the gentleman from
Wisconsin or a gentleman from Texas that might be having a special
order?
The SPEAKER pro tempore. To the gentleman from Mississippi, the
Chair is confident that the rule and any changes will be applied
impartially and absolutely fairly.
Mr. LOTT. If the gentleman will yield further, I would like to
say that would surprise me based on what I have seen here today. It
has not been applied fairly and impartially. It has been a
partisan, political, cheap trick. I resent it, and I hope the
American people see it for exactly what it is. . . .
Mr. LOTT. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. LOTT. Mr. Speaker, I would like to inquire if this new
policy is going to apply to the proceedings of the House from gavel
to gavel, or just during special orders, or just during times when
the votes are going on, when there is all kinds of activities, arm-
twisting going on in the well; trying to change Members' votes.
What is the situation? Will it be gavel to gavel?
If we are going to have this Chamber shown in its entirety with
panning and showing everything that goes on, even during votes in a
totally fair way, I probably would support that. I would like to
know, what is it going to apply to?
The SPEAKER pro tempore. The Chair has no knowledge of any
specific changes which have been made in that regard and cannot
answer that question.

On May 14, 1984,⁽⁵⁶⁾ the Speaker took the floor for a
one-minute speech to respond to criticisms (above) that he had unfairly
exercised his authority under clause 9 of rule I (now clause 2 of rule
V)⁽⁵⁷⁾ to direct periodic wide-angle television coverage of
the House Chamber during special-order speeches, and to announce that
such coverage would include a running caption at the bottom of the
screen explaining that the legislative business had been completed:
---------------------------------------------------------------------------
56. 130 Cong. Rec. 12042, 12043, 98th Cong. 2d Sess.
57. House Rules and Manual Sec. 684 (2017).
---------------------------------------------------------------------------

HOUSE TELEVISION PROCEDURES

(Mr. O'NEILL asked and was given permission to address the
House for 1 minute.)
Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, I took
the action that I took last Thursday because I had had so many
complaints and so many people had asked me to do what I did. The
interesting thing is, we stand up here with the 1-minute. Precedent
has been we go to the Democratic side then we go to the Republican
side. Equal. Nobody is cut off.
At the close of the day we go into the special orders. Normally
we go to the Republican side; that is precedent. When the
Republicans are through, we go to the Democratic side.
The last 30 days, just in the last 30 days, the gentleman from
Pennsylvania has asked for 26 hours out of the first 30. The
gentleman, Mr. Weber, has asked for 25 hours. The gentleman, Mr.
Gingrich, has asked for 27 hours. Unless you ask for at least a
week in advance, you cannot get ahead of those people. Even if a
Democrat asks a week in advance, even if there is something coming
along special that he wants to talk about, he has to wait until
those three gentlemen get out of the way.
Now I am not yielding. Please, if the gentleman will kindly sit
down. I am not yielding.
Now I want to talk about fairness. One member of your party
about a week ago stood at this microphone for 1 hour. He took
statements that were made by 20 different Democrats going back to
1968, ``This is what you said at that such and such a time.''
Things change.
Giving the thought and the idea that Members of Congress were
unAmerican, stepping aside, debating and pointing as if there were
people on this floor, asking ``Why don't you get up and answer
them?'' A more low thing I have never seen.
I have a letter from you, Mr. Leader. ``Polarize the
Congress?'' If I have ever seen anything that would polarize the
Congress, it is matters of this sort.
So I have had Members on my side, yes, we met, about 100 of us,
express total disgust with what was taking place-the challenging of
Members of the Congress in a special order when nobody was here.
Oh, I know, Mr. Leader, Mr. Whip, you do not condone things
like that. The prerogative of the rules of this House give me the
right to stop that, gives me the right to say when there will be a
wide lens and when there should not be a wide lens.
Three o'clock on that afternoon, I notified Charlie Rose;
nothing in the rules says that I have to notify you. Courtesy
probably said that I should have. That is a courtesy that your
Member never gave to the 20 Members whom he accused on the floor of
the House.
The gentleman, it was not you, Mr. WALKER, that did it, and the
other gentleman, as far as I have been told by them, were never
notified.
Mr. WALKER. Mr. Speaker, will the gentleman yield?
Mr. O'NEILL. No; I will not yield at this time. The gentleman
can take his own time.
I am just saying they were never notified, the 20 gentleman
were never notified.
You get up on the floor and you name a gentleman; 3 hours, wait
around for 3 hours? Now you are saying something that you really do
not know.
The gentleman that answers that, and I have to take the word of
the people that have come to me; members of my party who said to me
without a minute's warning, without a notice, without any mail,
they talk about a speech he made in 1972, a speech he made in 1968;
take it out of context.
Well, let me say this to you, Mr. Leader and Mr. Whip, I have
had members of your party come to me and say ``We do not condone
what they are doing. We do not condone what they are doing.''
You know, we go home, fly home to Ohio, fly home to New York,
people say: ``Why aren't you in the House? The House is in
session.''
Is that right to give the people the impression, if you are
downtown, that you should have been on the Hill because people are
here pointing at this one, and pointing at that one and stepping
back for an answer?
I had an obligation, that obligation was to this Congress.
There were a few who would do things of that nature, and let me say
this to you: If any member of my party did it, I would be on their
neck so quick they would not know what happened. I would not be
defending them; I would be taking the other attitude.
My action is to defend this House.
Mr. [Robert] MICHEL [of Illinois]. Would the Speaker yield?
Mr. O'NEILL. Yes; I will yield, certainly.
Mr. MICHEL. Well, in the first place, the gentleman from
Illinois did not know of the other special order in which Members
were asked to come to the floor. I do not know about that
particular situation.
What I was rather distressed about last Friday morning, I
guess, when I heard what had happened Thursday was that there was a
departure, obviously from the norm and that this Member was not
given one bit of word in advance that you were contemplating the
change.
I do not mind the change if it is done in concert with
everybody that really ought to have a little bit of voice about
what goes on here and frankly----
Mr. O'NEILL. I will say to you in fairness, while it is my
prerogative, I should have notified you. I notified the chairman of
the ad hoc committee, Mr. Charlie Rose, about 3 o'clock in the
afternoon. In fairness, I should have.
As far as Mr. Walker was concerned, I did not know whether Mr.
Walker was on first or whether he was not on first, or whether Mr.
Gingrich or whether Mr. Weber. Normally, it is one of those three.
I looked at the list today, I see a Democrat is on. Apparently
he asked for time before. If it was Mr. Obey or any other Democrat
who was first, they would have been the one that was panned instead
of Mr. Walker on the full, wide screen, because that was my idea at
that time I said, ``Starting today, we are going to show.''
And I want to further let you know that I now intend to put a
runner, ``The official business of the House is completed, we are
on special orders.'' And that will be a runner that will run every
once in a while.
Mr. MICHEL. May I ask the Speaker who will make the decision
then on where the panning takes place, at what time during the
course of the discussion, whoever is having that discussion? I
might add that I think some of our Members really got the whole
idea from Mr. Gonzalez on your side, who used to be down here hour
after hour, you know, for an extended period.
Mr. O'NEILL. I am sure he was never personal with any Member of
this Congress; I am sure that he never ever pointed a finger at an
empty chair and accused a man of being unAmerican I am sure; and I
am sure that you do not condone a thing like that.
Mr. MICHEL. I do not condone that. But what I would like to
know is when are we going to get about prescribing these?
Mr. O'NEILL. The interesting thing about it, I had already
talked with my members and I had already planned on my side to have
an ad hoc committee to look into what has been going on and to look
into changing the rules and when do you plan for a thing like this?
Mr. MICHEL. Would minority members have a voice in that?
Mr. O'NEILL. Well, we are the majority; it is our
responsibility to see that this House is run in a fair and adequate
manner and that is what we try to do.
Mr. MICHEL. Well, if it is fair, that is one thing.
Mr. O'NEILL. I am sure if you want to appoint a committee of
your members to look into it. Furthermore, I am surprised that you
have not heard of what has been taking place around here. I mean,
there has been so much concern.
Mr. MICHEL. I did not know of the incident referred to.
Mr. O'NEILL. I am sure when 100 members of the Democratic Party
gather together to talk about what is taking place, I have not had
any personal feeling about it. My personal feeling is that
everybody, I think, and I hate to be political; we have been told
we are making votes, we are making votes.
But it is not a question of making votes, it is a question of a
man standing before this microphone and pointing his finger to
people who are not in here and giving the belief to people at home:
``That man made such a statement.'' It sounds ridiculous 20 years
later, maybe. ``Why don't you stand and defend it?'' And the man is
home is Massachusetts or the man is back in California or something
of that nature.
Mr. Walker just happened to be the incident when it took place.
I did not know it was Mr. Walker. Had it been a Democrat, it would
have been the same thing. Today I understand there is a Democrat
on.
We will take the wide lens. I do not think there was anything
wrong in what was done the other day. As a matter of fact, as far
as I can think the public thinks it was the right thing to do.
I do not have anything else to say.

Sec. 3.3 The Minority Whip inserted in the Congressional Record
correspondence between himself and the chair of the Committee on
Rules and its Subcommittee on the Legislative Process, relative to
the operation and control of the broadcasting of House proceedings.

On June 7, 1984,⁽⁵⁸⁾ the following submissions were made
to the Congressional Record:
---------------------------------------------------------------------------
58. 130 Cong. Rec. 15473-75, 98th Cong. 2d Sess.
---------------------------------------------------------------------------

CAMSCAM II

The SPEAKER pro tempore.⁽⁵⁹⁾ Under a previous order
of the House, the gentleman from Mississippi (Mr. Lott) is
recognized for 10 minutes.
---------------------------------------------------------------------------
59. John Moakley (MA).
---------------------------------------------------------------------------

Mr. [Trent] LOTT [of Mississippi]. Mr. Speaker, yesterday the
House was prevented by the new Democrat Caucus-imposed rule
restriction on appropriations amendments, from voting on an
amendment by the gentleman from California (Mr. Lewis) to require
uniform TV camera coverage of our debates, gavel-to-gavel. As my
colleagues are well aware, this whole controversy was precipitated
on May 10 when the Speaker gave instructions to his control room
operators of the remote control cameras in the galleries, to begin
using wide-angle shots of the Chamber during special orders. As has
been pointed out on previous occasions, this was done without prior
notice or consultation with the minority.
Mr. Speaker, yesterday was but one more indication that the
Democratic leadership is not willing to permit the House a chance
to decide on the wisdom or fairness of this new policy or consider
the alternative which we have suggested which is to permit the
viewing public to see the entire Chamber on a periodic and uniform
basis throughout each day's proceedings.
I have met with similar resistance to hearings and
deliberations on this matter in the Rules Committee which has
direct jurisdiction over the broadcast rule--House Rule I, clause
9. I have written to both Chairman Pepper and Subcommittee Chairman
Long requesting such hearings so that we might responsibly exercise
our jurisdictional duties and defuse this partisan panning
controversy.
In both instances my requests were rejected on the grounds that
a Democratic Caucus task force or committee is looking into this
matter, as is the alleged bipartisan Speaker's Advisory Committee
on Broadcasting. While I have no objection to have various ad hoc
party groups make their recommendations, indeed, our own Republican
conference has already endorsed a uniform panning policy, I do not
think this must be handled ultimately by a duly constituted
committee of the House, and the sooner the better.
The caucus study committee is not likely to bring any rules
changes forward until the first day of the next Congress, and then
ask that it be included in the new rules of the 99th Congress,
without opportunity for Rules Committee consideration. The
Speaker's Advisory Committee presents even more difficult problems.
In the first place, it has been defunct since the 96th Congress,
despite efforts by the Speaker and Chairmen Pepper and Long to
claim its existence. Moreover, even if it is reactivated and
reappointed, it has a ratio of 4 Democrats to 1 Republican--hardly
a confidence building ratio in terms of a fair and bipartisan
solution.
At this point in the Record, Mr. Speaker, I include my exchange
of correspondence with Chairmen Pepper and Long. In future special
orders I intend to further discuss the history of the Speaker's
Broadcast Advisory Committee. The items follow:
Committee on Rules
Subcommittee on the Legislative Process
Washington, D.C., May 15, 1984.
Hon. Gillis W. Long,
Chairman, Subcommittee on the Legislative Process, Longworth
Building,
Washington, D.C.

Dear Gillis: I am writing to ask that you schedule at the
earliest possible time a hearing of our subcommittee on the matter
of current problems connected with the operation of the House
broadcasting system.
As you know, considerable furor has been raised about the
Speaker's recent policy switch on camera directions during special
orders. While I do not question the Speaker's right under House
Rules to make such changes, I think legitimate questions have been
raised about its selective application and possible effects.
Our subcommittee does retain oversight jurisdiction over the
House broadcast rule and indeed has listed it as one of our
possible areas for further study in this Congress in its March 1,
1983, oversight plan submitted to the Committee on Government
Operations. I think the time has come for us to take this
responsibility seriously, and on a bipartisan basis. I look forward
to your response.

Sincerely yours,
Trent Lott.

Democratic Caucus,
U.S. House of Representatives,
Washington, D.C., May 16, 1984.
Hon. Trent Lott,
House of Representatives,
Washington, D.C.

Dear Trent: Thank you for your letter of May 15.
As I'm sure you are aware, there currently exists a bipartisan
committee, charged with the responsibility of reviewing the
operations of the House Broadcast System. That is the Speaker's
Advisory Committee on Broadcasting of which I am a Member. David
Stockman held the Republican seat on that committee until he
resigned from Congress, and it is my understanding that his vacancy
has never been filled.
That bipartisan committee is the appropriate vehicle to make
recommendations concerning the rules governing the televising of
House proceedings. Under the normal procedures of our Caucus, its
recommendations would be examined by our Caucus Committee on
Organization, Study and Review and by our full Democratic Caucus
before being introduced for action in the House.

With very best wishes, I am
Sincerely,
Gillis W. Long.

House of Representatives,
Washington, D.C., May 22, 1984.
Hon. Gillis W. Long,
Chairman, Subcommittee on the Legislative Process, House Committee
on Rules,
Longworth House office Building, Washington, D.C.

Dear Gillis: Thank you for your letter of May 16 in response to
my request for a subcommittee hearing on House broadcast-related
problems.
I appreciate the fact that the Rules Committee had originally
recommended that some existing or new committee assist the Speaker
in the ``management, oversight, and improvement or all activities
and policies connected with audio and visual coverage and
broadcasting of House floor proceedings,'' and that the Speaker
initially appointed the ``Speaker's Advisory Committee on
Broadcasting'' in the 96th Congress for that purpose.
However, in reviewing our leadership files, I have found that
the Advisory Committee has been defunct in the 97th and 98th
Congresses. On March 12, 1981, our Republican Leader, Mr. Michel,
transmitted to the Speaker the name of Congressman Bill Thomas to
replace Dave Stockman on the Advisory Committee. Some six weeks
later our ranking Republican on the House Administration Committee,
Mr. Frenzel, in response to an inquiry on the Advisory Committee,
had his staff check with the Speaker's Office and was informed that
the committee has not been reappointed by the Speaker. It is true
that Representative Rose has continued to assist the Speaker in an
advisory capacity in the 97th and 98th Congresses, but, in neither
Congress was the committee reappointed, nor was our leadership
approached on filling any vacancy.
Moreover, even if the Advisory Committee is not reactivated, I
think you will agree with me that the ultimate authority for any
revisions in the broadcast rule is solely within our jurisdiction.
Republican Leader Michel, for instance, introduced H. Res. 500 on
May 17th, requiring uniform coverage of the Chamber throughout each
day's proceedings, and that resolution has been referred to our
committee.
Because the House broadcast-related problems are of some
immediate consequence and urgency, I think it would be best to
approach this in a responsible, bipartisan fashion in our committee
right now, rather than to wait for the recommendations of either
the Advisory Committee or the Caucus Committee studying possible
rules revisions. I have therefore written to Chairman Pepper, who
also shares my concern about the future of House broadcast
coverage, and asked that this matter be taken-up by the Rules
Committee. I am including a copy of that letter for your
information.
Thank you again for taking the time to respond so expeditiously
to my request. I do hope you will reconsider my suggestion in light
of the urgency of the problem and our committee's prerogatives and
jurisdiction over this issue.

With warm personal regards. I am
Very truly yours,
Trent Lott

Enclosure.
House of Representatives,
Washington, D.C., May 18, 1984.
Hon. Claude Pepper,
Chairman House Committee on Rules,
H-312 Capitol Building, Washington, D.C.

Dear Mr. Chairman: I read with interest your one-minute speech
in the May 16 Congressional Record in which you indicated that,
``whoever perverts the use of television endangers the continuity
of that practice.'' You went on: ``It is just a question of time,
if that continues, until it will be discontinued.''
As one who served with you on the Rules Subcommittee in 1977-78
that helped to develop the current House broadcast rule and
procedures, I share your concern that television coverage not be
allowed to dominate or distort our proceedings. You were the
pioneer in Congress who as long as 1944 introduced the first
broadcast resolution in the Congress as a means of bringing our
government closer to the people, and I think your continued efforts
over the years to bring this dream to fruition have realized that
goal.
Because I share your concern about the future of the House
broadcast system given the current politicization and emotionalism
surrounding that issue, I think you can play an important role, as
both the founding father of congressional broadcasting and chairman
of the Rules Committee, in helping to resolve some of the problems
which currently surround House broadcasting. I would respectfully
ask that you convene either a hearing or meeting of the Rules
Committee and some of the principals involved to lay the bipartisan
ground work for some uniform rules of procedure for the operation
of the broadcast system in a manner that will not be construed by
either Members or the public to involve political manipulation or
control by either party. I think some excesses in this regard have
been committed on both sides of the aisle, but I am not suggesting
our committee rehash the details of those incidents. Instead, I
think we can play a constructive role in depoliticizing the issue
and insuring the future survivability of the House broadcast
system.
As you know, our committee retains primary jurisdiction over
the House broadcast rule (Rule 1, clause 9), as well as oversight
jurisdiction over the broadcast system. In fact, our committee's
oversight agenda submitted to the Government Operations Committee
for this Congress on March 1, 1983, listed ``broadcasting of House
floor proceedings'' as one of the 98th Congress, as did the
Subcommittee on Legislative Process (H. Rept. 98-17, pp. 203 &
204). As such, I think we do have a legitimate responsibility and
obligation to the House to look into this matter.
On May 5, 1984, as the ranking minority member on the
Subcommittee on Legislative Process, I wrote to Subcommittee
Chairman Gillis Long making the same suggestion, and he responded
on May 16 that the Speaker's Advisory Committee on Broadcasting
``is the appropriate vehicle to make recommendations concerning the
rules governing the televising of House proceedings.'' Their
recommendations in turn, he went on, would be reviewed by the
Democratic Caucus Committee on Organization Study and Review
``before being introduced for action in the House.''
While the Speaker's Advisory Committee on Broadcasting was
normally bipartisan in the 96th Congress, with three Democrats
(Representatives Rose, Brooks, and Long) and one Republican
(Representative Stockman), it has not been officially reappointed
in either the 97th or 98th Congress, and today only Representative
Rose serves in an advisory capacity to the Speaker. Chairman Long
has erroneously indicated that the Advisory Committee still exists
and that the Republicans have simply not filled the Stockman
vacancy. The fact is that a replacement was presented to the
Speaker on March 12, 1981, by the Republican Leader, but no
appointments were made by the Speaker.
Even if a working, bipartisan Advisory Committee still existed,
which it does not, it would have no authority to directly recommend
any rules changes to the House. That is our function under Rule X,
and I know you jealously guard our committee's prerogatives.
Moreover, the Rules Committee not has pending before it H. Res.
500, introduced by Representatives Michel, Myself and others, on
May 17th, amending the broadcast rule ``to provide for the periodic
visual broadcast coverage of the entire House Chamber on a uniform
basis throughout each day's proceedings.'' I think this resolution
could serve as a useful starting point for our committee in
attempting to defuse the issue of selective panning of the Chamber
during only part of the day's proceedings.
I hope that you will take the above suggestions in the serious
vein in which they are intended. As a member of both the Republican
leadership and the Rules Committee, I share your concerns about the
institution of the House and the future of our broadcast system. I
strongly feel we should act now as the duly elected committee of
the House having jurisdiction over this matter before the situation
deteriorates further. I do not think we have the luxury of waiting
for the recommendations of a one-man Democratic advisory committee
or a Democratic Caucus task force, nor do I think it advisable to
proceed with this on a partisan basis as both approaches suggest.
The results, no matter how well-intentioned, can hardly be expected
to gain the confidence or acceptance of our part if we are not a
part of the formulation process. I think the Rules Committee, on
the other hand, as the leadership committee of both parties, can
proceed to address the problem in a bipartisan, responsible, and
dispassionate manner that will have the best interests of the
institution in mind. I hope you will agree.

With warm personal regards, I am
Very truly yours,
Trent Lott.

U.S. House of Representatives
Committee on Rules
Washington, D.C., May 24, 1984.
Hon. Trent Lott,
2400 Rayburn House Office Building, Washington, D.C.

Dear Trent: I am in receipt of your letter dated May 18, 1984,
concerning the subject of the House broadcasting system.
I know you are aware of the Speaker's Advisory Committee on
Broadcasting, a bipartisan group dedicated to reviewing the
operation of the broadcast system. Additionally, the Speaker has
referred the matter to the Democratic Caucus Committee on
Organization, Study, and Review, which is chaired by our able Rules
Committee colleague, Martin Frost.
In light of this, I think it is better that we do not consider
the question of the House broadcast system at this time. The
Committee, of course, retains jurisdiction over the matter and we
may wish to undertake some study in the future.

Kindest regards, and
Always sincerely,
Claude Pepper, Chairman.

Sec. 3.4 In response to a parliamentary inquiry, the Speaker pro
tempore indicated that the Speaker's directive of the 98th
Congress⁽⁶⁰⁾ (that there be periodic wide-angle
television coverage of special-order speeches with captions
indicating completion of all legislative business), did not apply
in situations where legislative business would be resumed, and that
the Clerk had properly focused the cameras only on the Member
speaking during such interim special orders.
---------------------------------------------------------------------------
60. See Sec. 3.2, supra.
---------------------------------------------------------------------------

On December 19, 1985,⁽⁶¹⁾ the Chair entertained
parliamentary inquiries as follows:
---------------------------------------------------------------------------
61. 131 Cong. Rec. 38106-107, 99th Cong. 1st Sess.; House Rules and
Manual Sec. 684 (2017).
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRIES

Mr. [Robert] WALKER [of Pennsylvania]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore.⁽⁶²⁾ The gentleman will
state it.
---------------------------------------------------------------------------
62. Dale Kildee (MI).
---------------------------------------------------------------------------

Mr. WALKER. Mr. Speaker, it has been my understanding that as
of last year the ruling of the Chair is that while we are
proceeding on special orders that the entire Chamber of the House
is to be shown at intervals while we are in the process of
proceeding with those special orders.
It is my understanding that during the special orders that have
taken place both yesterday and today, that particular ruling of the
Chair has not been followed.
Can the Chair inform us whether or not this is another instance
where we have changed the rules without informing the membership of
the change, or just why it is that under these circumstances the
special orders evidently have not followed the procedures of the
Chair with regard to the television cameras?⁽⁶³⁾
---------------------------------------------------------------------------
63. Parliamentarian's Note: Rep. Walker's assertion that cameras had
panned the Chamber the preceding week during interim special
orders was incorrect, as the Clerk had never provided such
panning coverage unless the ``crawl'' under the picture
indicated that legislative business had been completed for the
day.
---------------------------------------------------------------------------

The SPEAKER pro tempore (Mr. [Dale] Kildee [of Michigan]). The
Chair is not aware of any change in the Speaker's guidelines. I
suppose the gentleman could address his comments to those who
originally made that decision, but the Chair is not aware of any
change in the application of the guidelines.
The Chair did announce that the House has not yet completed
legislative business for the day and would return to legislative
business.
Mr. WALKER. A further parliamentary inquiry, Mr. Speaker.
It is my understanding that the ruling of the Chair related to
the time spent on special orders. I am not aware that it had any
provision in it that if those special orders come before
legislative business has been completed that at that point the
cameras would not sweep the Chamber. My understanding was that once
we go onto special orders that the cameras are supposed to be
sweeping the entire House. That has not been happening.
The only thing I can assume is that we have had a change in
policy that has taken place. If I understand the Chair correctly,
there has been no change in policy, so then my question is: Why are
the rules not being followed?
The SPEAKER pro tempore. The Clerk's interpretation of that
change was that that was to be done after legislative business has
been completed. The cameras have never panned the House until that
time. The Speaker's guidelines provide that until such time as all
legislative business has been completed with a crawl on the screen
so indicating the cameras will not pan the House, and legislative
business has not yet been completed today.
Mr. WALKER. A further parliamentary inquiry. It seems to me
that this is a different interpretation from anything that the
Members have ever been informed of, and that indeed, then, it
sounds to me as though we are making another one of these changes
that takes place without any information coming to the minority.
The SPEAKER pro tempore. The Chair will respond again.
This has been the practice, and the last 2 days have not been
different than prior practice. Prior practice has been that at the
end of legislative business when the House proceeds on special
orders, the camera will pan the entire House.
The House has not completed legislative business today, nor had
it yesterday.
Mr. WALKER. A further parliamentary inquiry, Mr. Speaker.
Then why, last Wednesday, when we had a similar circumstance on
a special order that was taking place prior to legislative business
being completed, that the Chamber was being swept? Am I to
understand at that point, then, that the rules were not being
observed?
The SPEAKER pro tempore. If there has been inconsistency, it
has not been intentional and the Chair will look into that.
Mr. WALKER. A further parliamentary inquiry, Mr. Speaker.
Can we not, then, have a definitive statement of just what the
policy is with regard to panning the Chamber during the time that
special orders are under way?
The SPEAKER pro tempore. The Chair will refer the response to
that question that the gentleman just asked again to the Speaker
and on the Speaker pro tempore.
Mr. WALKER. A further parliamentary inquiry: Are we going to
have a definitive statement made on that prior to the close of
business today?
The SPEAKER pro tempore. The Chair will look into the matter
and raise the gentleman's question with the Speaker.
Mr. WALKER. I thank the Chair.

Sec. 3.5 After the House had agreed to a 90-day trial period of
periodic structured debates during special-order speeches and
morning-hour debate on certain days, the Speaker announced a
suspension of the policy of panning the Chamber during such non-
legislative debate.

On February 11, 1994,⁽⁶⁴⁾ the House agreed to a trial
period of structured ``Oxford-style'' debates during special-order
speeches and morning-hour debate, with revisions to the policy of
panning the Chamber as follows:
---------------------------------------------------------------------------
64. 140 Cong. Rec. 2244, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

VACATION OF PREVIOUSLY GRANTED SPECIAL ORDERS AND ESTABLISHMENT
OF FORMAT FOR RECOGNITION OF FUTURE SPECIAL ORDERS . . .

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁶⁵⁾ With respect to special orders to
address the House for up to 1 hour at the conclusion of legislative
business or on days when no legislative business is scheduled, the
Chair announces that: . . .
---------------------------------------------------------------------------
65. Thomas Foley (WA).
---------------------------------------------------------------------------

Third, pursuant to clause 9(b)(1) of rule 1, during this trial
period the television cameras will not pan the Chamber, but a crawl
indicating morning hour or that the House has completed its
legislative business and is proceeding with special-order speeches
will appear on the screen. Other television camera adaptations
during this period may be announced by the Chair; . . .

Other Broadcasting Issues

Sec. 3.6 The Speaker exercised authority under clause 9(a) of rule I
(now clause 1 of rule V)⁽⁶⁶⁾ to permit closed-circuit
television viewing, for the first time, of legislative proceedings
other than House floor proceedings (in this case, proceedings of
the Committee on House Administration).
---------------------------------------------------------------------------
66. House Rules and Manual Sec. 684 (2017).
---------------------------------------------------------------------------

On April 29, 1985,⁽⁶⁷⁾ a Member announced to the House
the Speaker's directive to telecast proceedings of the Committee on
House Administration task force (conducting a recount of ballots in an
election contest) that was filmed by and provided to the House by the
National Republican Congressional Committee:
---------------------------------------------------------------------------
67. 131 Cong. Rec. 9702, 99th Cong. 1st Sess. See also Precedents
(Wickham) Ch. 2 Sec. 4.2; Precedents (Wickham) Ch. 8; and
Precedents (Wickham) Ch. 9.
---------------------------------------------------------------------------

VIEWING OF TASK FORCE PROCEEDINGS ON INDIANA ELECTION CONTEST
SCHEDULED

(Mr. ROSE asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [Charles] ROSE [of North Carolina]. Mr. Speaker, beginning
this afternoon at 2 o'clock over the House of Representatives in-
house television system, the House Broadcasting System will begin
showing the first half of approximately 9 hours and 6 minutes of
videotapes of the elections task force meeting in Evansville, IN.
The tapes will not constitute an official record of the task
force or committee proceedings, and the proceedings were actually
filmed by and the tapes provided by the National Republican
Congressional Committee. These tapes will be about 9 hours and 6
minutes of a total of 28 hours and 43 minutes of public task force
and committee deliberations. They do not contain a full record of
all the discussion of any of the issues decided. The Speaker of the
House has agreed that these tapes will be shown, as he was
requested by the minority leader, the gentleman from Illinois [Mr.
Michel].
Mr. [William] FRENZEL [of Minnesota]. Mr. Speaker, will the
gentleman yield?
Mr. ROSE. I am happy to yield to the gentleman from Minnesota.
Mr. FRENZEL. Mr. Speaker, I thank the gentleman for yielding.
We on the minority side are delighted that this broadcast will
begin. At the Speaker's request, there will be a disclaimer showing
that the films were indeed made by and are the property of the
National Republican Congressional Committee. The gentleman from
North Carolina has graciously guaranteed that this videotape, which
is the property of its owner, will not be copied by the Architect
or the House Broadcasting System.
I would take this time to remind the Members that those of you
who have VCR equipment in your offices got it under the rules that
any use of it will be for your own personal use exclusively, and
that any transfer to other parties by lease, sale, or gift or for
any other purposes is expressly forbidden. It is the desire of the
owners of these tapes, and in accordance with the House rules, as
nearly as I can figure, that they be used for the education of
House Members exclusively, and I would ask the gentleman from North
Carolina whether that is his understanding in this matter.
Mr. ROSE. Mr. Speaker, that is my understanding. The gentleman
has stated it correctly.
Mr. [Byron] DORGAN [of North Dakota]. Mr. Speaker, will the
gentleman yield?
Mr. ROSE. I will be happy to yield in just 1 minute.
Mr. Speaker, just to repeat, we will begin at 2 o'clock this
afternoon on channel 6 of our in-house cable system the first 4\1/
2\ hours, and then at 9 o'clock tomorrow morning we will begin the
last half of approximately 4\1/2\ hours.

Sec. 3.7 A resolution directing the Speaker to provide for audio and
visual broadcast coverage of the House while Members are voting
constitutes a question of the privileges of the House under rule
IX⁽⁶⁸⁾ involving the integrity of House proceedings,
where House rules required ``complete'' broadcast coverage and no
coverage of voting had been permitted.
---------------------------------------------------------------------------
68. House Rules and Manual Sec. 704 (2017).
---------------------------------------------------------------------------

On April 30, 1985,⁽⁶⁹⁾ the following resolution was
raised as a question of the privileges of the House:
---------------------------------------------------------------------------
69. 131 Cong. Rec. 9821, 9822, 99th Cong. 1st Sess.; House Rules and
Manual Sec. Sec. 684, 704 (2017).
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE--PROVIDING FOR AUDIO AND VISUAL
BROADCAST COVERAGE OF CHAMBER DURING VOTES

Mr. [Trent] LOTT [of Mississippi]. Mr. Speaker, I rise to a
question of the privileges of the House, and I send to the desk a
privileged resolution (H. Res. 150) and ask for its immediate
consideration.
The SPEAKER.⁽⁷⁰⁾ The Clerk will report the
resolution.
---------------------------------------------------------------------------
70. Thomas O'Neill (MA).
---------------------------------------------------------------------------

H. Res. 150

Whereas, clause 9(b)(1) of rule I of the Rules of the House of
Representatives requires that the Speaker ``devise and implement a system
subject to his direction and control for complete and unedited audio and
visual broadcasting of the proceedings of the House of Representatives.'';
and

Whereas, voting in the House is an integral part of the proceedings of
the House; and

Whereas, the audio and visual broadcast coverage of House proceedings is
currently being discontinued while Members are voting; and

Whereas, the interruption of audio and visual broadcast coverage of House
proceedings while Members are voting affects the integrity of the
proceedings of the House and thus raises a question of privilege of the
House; Now, therefore, be it

Resolved, That the Speaker is hereby authorized and directed, pursuant to
his responsibilities under clause 9(b)(1) of rule I of the House, to
provide for the audio and visual broadcast coverage of the Chamber while
Members are voting.

The SPEAKER. The gentleman's resolution as to the issue raised
does state a question of privilege. . . .
The SPEAKER. Without objection, the resolution is agreed to.
There was no objection.
A motion to reconsider was laid on the table.

Still Photography in the Chamber

Sec. 3.8 The House by unanimous consent considered and adopted a
resolution providing for an official photograph of the House of
Representatives to be taken while in actual session.

On June 16, 2011,⁽⁷¹⁾ the House provided for the taking
of the official photograph of the House of
Representatives⁽⁷²⁾ as follows:
---------------------------------------------------------------------------
71. 157 Cong. Rec. 9494, 112th Cong. 1st Sess.
72. Parliamentarian's Note: The sitting for the official photograph is
a recurring event that takes place each Congress.
---------------------------------------------------------------------------

PERMITTING OFFICIAL PHOTOGRAPHS OF THE HOUSE OF REPRESENTATIVES
TO BE TAKEN WHILE THE HOUSE IS IN ACTUAL SESSION ON A DATE
DESIGNATED BY THE SPEAKER

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask
unanimous consent the committee on House Administration be
discharged from further consideration of House Resolution 299 and
ask for its immediate consideration in the House.
The Clerk read the title of the resolution.
The SPEAKER pro tempore.⁽⁷³⁾ Is there objection to
the request of the gentleman from California?
---------------------------------------------------------------------------
73. Lee Terry (NE).
---------------------------------------------------------------------------

There was no objection.
The text of the resolution is as follows:

H. Res. 299

Resolved, That on such date as the Speaker of the House of
Representatives may designate, official photographs of the House may be
taken while the House is in actual session. Payment for the costs
associated with taking, preparing, and distributing such photographs may be
made from the applicable accounts of the House of Representatives.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Pursuant to a previous order by resolution, the House sat for its
official photograph for the 112th Congress on July 26,
2011:⁽⁷⁴⁾
---------------------------------------------------------------------------
74. 157 Cong. Rec. 12031, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

OFFICIAL PHOTOGRAPH OF 112TH CONGRESS

The SPEAKER.⁽⁷⁵⁾ Pursuant to House Resolution 299,
this time has been designated for the taking of the official photo
of the House of Representatives in session.
---------------------------------------------------------------------------
75. John Boehner (OH).
---------------------------------------------------------------------------

The House will be in a brief recess while the Chamber is being
prepared for the photo. As soon as the photographer indicates that
these preparations are complete, the Chair will call the House to
order to resume its actual session for the taking of the
photograph. At that point the Members will take their cues from the
photographer. Shortly after the photographer is finished, the House
will proceed with its
business. -------------------

RECESS

The SPEAKER. Pursuant to clause 12(a) of rule I, the Chair
declares the House in recess while the Chamber is being prepared.
Accordingly (at 1 o'clock and 50 minutes p.m.), the House stood
in recess. -------------------

AFTER RECESS

The recess having expired, the House was called to order by the
Speaker at 1 o'clock and 55 minutes p.m.
(Thereupon, the Members sat for the official photograph of the
House of Representatives for the 112th Congress.)

Sec. 3.9 The House agreed to a resolution authorizing the U.S. Capitol
Historical Society to take official pictures of the House in
session for inclusion in their publication ``We the People'' (and
for nonprofit news and educational purposes), and, pursuant to that
authority, the Speaker announced the time for taking said pictures.

On May 22, 1973,⁽⁷⁶⁾ the following occurred:
---------------------------------------------------------------------------
76. 119 Cong. Rec. 16512, 93d Cong. 1st Sess. The House has also
adopted a resolution authorizing the Speaker to admit
individuals to the Hall of the House to obtain film footage of
the House in session to be shown in the Capitol Visitor Center.
See Sec. 5.1, infra.
---------------------------------------------------------------------------

Mr. [Ray] MADDEN [of Indiana]. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 404 and ask for its
immediate consideration.
The Clerk read the resolution as follows:

H. Res. 404

Resolved, That at time designated by the Speaker, the United States
Capitol Historical Society shall be permitted to take official pictures of
the House while in actual session for inclusion in the new edition of ``We
the People''. The pictures shall also be available for legitimate nonprofit
news and educational purposes.

The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁷⁷⁾ The Chair desires to make a special
announcement.
---------------------------------------------------------------------------
77. Carl Albert (OK).
---------------------------------------------------------------------------

Pursuant to the provisions of House Resolution 404, the Chair
desires to inform Members that a picture of the Members in session
will be taken at approximately 3 p.m. on tomorrow, Wednesday, May
23.

On July 14, 1975,⁽⁷⁸⁾ the House agreed to a similar
resolution authorizing the United States Capitol Historical Society to
take official pictures in the Chamber for inclusion in the new edition
of ``We the People'':
---------------------------------------------------------------------------
78. 121 Cong. Rec. 22575, 94th Cong. 1st Sess. See also 121 Cong. Rec.
24317, 94th Cong. 1st Sess. (July 23, 1975). For similar
resolutions authorizing individuals to be on the floor of the
House to document proceedings, see Sec. 5.1, infra; and
Sec. 1.7, supra.
---------------------------------------------------------------------------

AUTHORIZING OFFICIAL PICTURES OF THE HOUSE FOR ``WE THE
PEOPLE''

Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, I call
up House Resolution 597 and ask unanimous consent for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 597

Resolved. That at a time designated by the Speaker, the United States
Capitol Historical Society shall be permitted to take official pictures of
the House while in actual session for inclusion in the new edition of ``We
the People''. The pictures shall also be available for legitimate nonprofit
news and educational purposed.

The SPEAKER.⁽⁷⁹⁾ Is there objection to the request
of the gentleman from Massachusetts?
---------------------------------------------------------------------------
79. Carl Albert (OK).
---------------------------------------------------------------------------

There was no objection.
The resolution was agree to.
A motion to reconsider was laid on the table.

Microphones

Sec. 3.10 The Speaker assured Members in response to a parliamentary
inquiry that he would require Members propounding unanimous-consent
requests of a legislative nature to make their requests from a
microphone in order to protect all Members.

On October 6, 1978,⁽⁸⁰⁾ the Chair responded to the
following parliamentary inquiry:
---------------------------------------------------------------------------
80. 124 Cong. Rec. 34085, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRY

Mr. [John] ASHBROOK [of Ohio]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER.⁽⁸¹⁾ The gentleman will state his
parliamentary inquiry.
---------------------------------------------------------------------------
81. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. ASHBROOK. Mr. Speaker, we are in the last few days of this
session. There was considerable confusion this morning. The Members
could not hear most of the requests which were made.
The Speaker in the past has assured the Members that any
unanimous-consent requests other than a personal request would be
repeated to the House. I can assume the Speaker will continue that
practice for those of us who cannot hear what is going on in the
well.
My parliamentary inquiry, Mr. Speaker, in this: Will the
Speaker continue, in his fair manner, to protect the Members with
respect to the making of any unanimous-consent requests other than
something of a personal nature, which are made in the well? Am I
correct in that assumption, Mr. Speaker?
The SPEAKER. The Chair will state that the gentleman is
correct. All Members' interests will be protected.

Sec. 3.11 In response to a parliamentary inquiry, the Chair informed a
Member that he may speak at any microphone on the floor.

On May 22, 1996,⁽⁸²⁾ the Chair responded to the
following parliamentary inquiry:
---------------------------------------------------------------------------
82. 142 Cong. Rec. 12187, 104th Cong. 2d Sess.
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [George] GEKAS [of Pennsylvania]. Mr. Speaker,
parliamentary inquiry.
The SPEAKER pro tempore.⁽⁸³⁾ The gentleman may state
his parliamentary inquiry.
---------------------------------------------------------------------------
83. Robert Walker (PA).
---------------------------------------------------------------------------

Mr. GEKAS. Mr. Speaker, am I permitted to go to the other
podium now when I finish here?
The SPEAKER pro tempore. The gentleman may select his own place
to speak.

Sec. 3.12 In the event of a malfunctioning microphone on the floor, the
Chair asked all Members to refrain from using the microphone until
the problem could be investigated.

On April 8, 2011,⁽⁸⁴⁾ the following occurred:
---------------------------------------------------------------------------
84. 157 Cong. Rec. 5684-85, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

The SPEAKER pro tempore.⁽⁸⁵⁾ The Chair is
investigating the source of the microphone malfunction.
---------------------------------------------------------------------------
85. Michael Conaway (TX).
---------------------------------------------------------------------------

announcement by the speaker pro tempore

The SPEAKER pro tempore. The Chair would ask that Members
suspend use of that microphone until we determine the problem.

Sec. 3.13 Clause 2 of rule I,⁽⁸⁶⁾ which directs the Speaker
to preserve order and decorum in the House, authorizes the Chair to
order the microphones turned off if being utilized by a Member, who
has not been properly recognized, to engage in disorderly behavior.
---------------------------------------------------------------------------
86. House Rules and Manual Sec. 622 (2017).
---------------------------------------------------------------------------

On March 16, 1988,⁽⁸⁷⁾ the following occurred:
---------------------------------------------------------------------------
87. 134 Cong. Rec. 4085-87, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

GOP AND THE POLITICS OF CYNICISM IN CENTRAL AMERICA

(Mr. COELHO asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. [Tony] COELHO [of California]. Mr. Speaker, when the
Republicans voted 171 to 5 to kill Contra aid this month, were they
voting their consciences or playing politics? The answer can be
found in today's Washington Post. . .
. -------------------

LET US HAVE ANOTHER VOTE ON CONTRA AID

(Mr. DORNAN of California asked and was given permission to
address the House for 1 minute and to revise and extend his
remarks.)
Mr. [Robert] DORNAN [of California]. Mr. Speaker, and I address
a different Member of this Chamber from New York, because you have
left your chair, and Mr. Majority Whip from California, you have
also fled the floor. In 10 years Jim and Tony--I am not using any
traditional titles like ``distinguished gentleman''--Jim and Tony,
in 10 years I have never heard on this floor so obnoxious a
statement as I heard from Mr. Coelho, which means ``rabbit'' in
Portuguese, as ugly a statement as was just delivered. Mr. Coelho
said that we on our side of the aisle and those conservative
Democrats, particularly those representing States which border the
Gulf of Mexico, sold out the Contras. That is absurd, and I'll tell
you why. . . .
The SPEAKER pro tempore (Mr. [Gary] Ackerman [of New York]).
The time of the gentleman from California [Mr. Dornan] has expired.
Mr. DORNAN of California. Wait a minute. On Honduran soil and
on Nicaraguan soil.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DORNAN of California. And it was set up in this House as
you set up the betrayal of the Bay of Pigs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DORNAN of California. I ask--wait a minute--I ask unanimous
consent for 30 seconds. People are dying.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DORNAN of California. People are dying.
Mr. [Harold] VOLKMER [of Missouri]. Mr. Speaker regular order,
regular order.
The SPEAKER pro tempore. The time of the gentleman has expired.
Will the Sergeant at Arms please turn off the microphone?
Mr. DORNAN of California. You get your regular order, people
are dying. You get your regular order now. People are dying because
of this Chamber. I demand a Contra vote on aid to the Democratic
Resistance and the freedom fighters in Central America. In the name
of God and liberty and decency I demand another vote in this
Chamber next week.
Don't get a hernia and break your gavel. Don't get a
hernia. -------------------

PARLIAMENTARY INQUIRIES

Mr. [Judd] GREGG [of New Hampshire]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [Gary] Ackerman [of New York]).
The gentleman will state his parliamentary inquiry.
Mr. GREGG. Mr. Speaker, I was just in my office viewing the
proceedings here, and during one of the proceedings, when the
gentleman from California [Mr. Dornan] was addressing the House, it
was drawn to my attention that the Speaker requested that Mr.
Dornan's microphone be turned off, upon which Mr. Dornan's
microphone was turned off.
Mr. Speaker, my inquiry of the Chair is: Under what rule does
the Speaker decide to gag opposite Members of the House? Under what
rule does the Speaker decide to close down the debate and pursue a
policy of shutting up the opposition by now allowing us access to
the public and to the media and to our own microphones, the
microphones of this House? Under what rule of this House or of our
country or our Constitution is freedom of the speech so grossly
violated in this institution?
The SPEAKER pro tempore. The gentleman asked to proceed for 1
minute----
Mr. GREGG. No, I am asking that of the Chair.
The SPEAKER pro tempore. The Chair is referring to Mr. Dornan.
He requested permission of the Chair to proceed for 1 minute, and
that permission was granted by the House. Mr. Dornan grossly
exceeded the limits and abused the privilege far in excess of 1
minute, and the Chair proceeded to restore order and decorum to the
House.
Mr. GREGG. Mr. Speaker, I see nothing in the rules of this
House that gives the Speaker of this House the capacity to turn off
the debate of this House by requesting that the speakers be turned
off or that the microphone be turned off so that a Member cannot
make his point. In fact, at the time the point was being made, Mr.
Dornan was asking unanimous consent, as I recall.

The SPEAKER pro tempore (Mr. [Gary] Ackerman [of New York]).
The Chair will state that unless a person receives permission to
address the House, under the rules of the House he is not
addressing the House.
The gentleman from California [Mr. Dornan] requested permission
for 1 minute, that permission was given to him by the Chair with
the unanimous consent of this body, the gentleman from California
[Mr. Dornan] abused the unanimous consent of every Member of this
body by grossly exceeding his time.
Mr. GREGG. Mr. Speaker, that is----
Mr. [Robert] WALKER [of Pennsylvania]. Mr. Speaker, what rule
are you referring to?
Mr. GREGG. Mr. Speaker, I have not yielded.
I have not heard the Chair respond to my inquiry which is what
ruling is the Chair referring to which allows him to turn off the
microphone of a Member who has the floor?
The SPEAKER pro tempore. Clause 2 of rule I.
Mr. GREGG. Mr. Speaker, I would ask that that rule be read. I
would ask that that rule be read, Mr. Speaker, so that I may
understand how the Chair can interpret it to mean that he can close
down the process of free speech in the one institution in this
world which most represents free speech?
The SPEAKER pro tempore. It reads, 2. He shall preserve order
and decorum, and, in case of disturbance or disorderly conduct in
the galleries, or in the lobby, may cause the same to be cleared. .
. .

The SPEAKER pro tempore. The Chair repeatedly rapped the gavel
quite loudly for all to hear and told the gentleman from California
[Mr. Dornan] that his time had expired.
Mr. GREGG. Mr. Speaker, is the Chair taking the position that
by rapping the gavel and when no response occurs in this House,
that that gavel rapping, of which has become almost commonplace
during the 1-minute process, that the Chair then can proceed to
turn off the microphones of the speaker who is speaking?
The SPEAKER pro tempore. The Chair allows Members the courtesy
of knowing their time has expired by rapping the gavel.
Mr. GREGG. Mr. Speaker, the Chair has just ruled, therefore,
that Members of the Republican side it appears, because----
The SPEAKER pro tempore. It is the ruling of the Chair that the
gentleman from New Hampshire [Mr. Gregg] was recognized for a
parliamentary inquiry. The parliamentary inquiry was responded to,
and the House will now proceed.
Mrs. [Lynn] MARTIN [of Illinois]. Parliamentary inquiry, Mr.
Speaker.
Mr. GREGG. Is the Chair now shutting me off? Will the Chair
shut off my microphone also, is that the plan, if I continue? Does
the Chair intend to turn off my microphone?
The SPEAKER pro tempore. The gentleman from New Hampshire [Mr.
Gregg] was recognized for a parliamentary inquiry. The Chair has
answered the gentleman's parliamentary inquiry.

Mr. GREGG. I have a further parliamentary inquiry, Mr. Speaker.
Is it the Chair's intention to turn off my microphone?
The SPEAKER pro tempore. What is the gentleman's parliamentary
inquiry?
Mr. GREGG. My parliamentary inquiry is that I want to know how
the Chair can specifically turn off the microphone and what rule
the Chair does it under, because the Chair has not answered that
question.
The SPEAKER pro tempore. The Chair has responded to the
parliamentary inquiry of the gentleman from New Hampshire.
Mr. GREGG. Mr. Speaker, I reserve my time, and yield to the
gentlewoman from Illinois [Mrs. Martin].
Mr. [Daniel] LUNGREN [of California]. Mr. Speaker,
parliamentary inquiry.
Mrs. MARTIN of Illinois. Parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The Chair advises that a Member may
not yield time to another Member under a parliamentary inquiry.
Mrs. MARTIN of Illinois. Mr. Speaker, I have a parliamentary
inquiry.
The SPEAKER pro tempore. The gentlewoman will state her
parliamentary inquiry.
Mrs. MARTIN of Illinois. The gentlewoman from Illinois would
inquire of the Chair, because it was difficult occasionally to hear
the rather strained ruling from the Chair, when I heard the Chair
read from the rule, and I hope the Chair will recheck that
sentence, because the Chair talked about disturbances in the
gallery and disturbances outside the floor of the House.
Would the Speaker reread the exact sentence that would indicate
why and how a microphone could be turned off of a duly elected
Member of the House on the floor of the House?
The SPEAKER pro tempore. The Chair will proceed to explain it
one more time.
Mrs. MARTIN of Illinois. Please.
The SPEAKER pro tempore. Under rule I, clause 2--and I will
only read the half of it that applies, so as not to cause confusion
in the minds of those who appear to be confused--``He shall
preserve order and decorum.''
Mr. WALKER. Mr. Speaker, the sentence goes on.
Mrs. MARTIN of Illinois. I believe, Mr. Speaker, that you have
been requested specifically to quote that rule that affects a
Member of the House on the floor, and that is not that sentence. We
have the book, too, and the Chair knows it and I know it. I do not
mind a Speaker ruling against us, even an unelected Speaker, but I
will not accept on behalf of any Member, and this is an incredible
right that is being abrogated and abridged here. The Chair is not
saying that a Member of the House, is subject to the same rule,
even though it does not state it, as applied to the gallery, will
apply to Members of the House. I do not believe that that can
happen in an elected representative body.
Mr. Speaker, would the Chair please quote how it affects an
elected Member speaking on the floor?
The SPEAKER pro tempore. The Chair will read just what he read
before.
``He shall preserve order and decorum, and,--'' Then it
proceeds to speak about in another place.
``Order and decorum'' is not just in the halls and in the
galleries. The word ``and'' is followed by a comma.
Mrs. MARTIN of Illinois. Mr. Speaker, if I may, I will try
again because surely, although I recognize this is a difficult
experience for the Chair, we are talking about speaking on the
floor of the House. We are not talking about a Member throwing
things at the Speaker--as tempting as it may be.
What is the specific rule that says that the Chair can
terminate the speech of a Member?

Mr. [Lawrence] SMITH [of Florida]. A point of personal
privilege, Mr. Speaker.
The SPEAKER pro tempore. The gentlewoman's temptations are not
a matter for this body to consider.
Mrs. MARTIN of Illinois. Mr. Speaker, I could not hear.
Mr. SMITH of Florida. Mr. Speaker, I rise to a point of
personal privilege. I believe that the words of the gentlewoman
from Illinois [Mrs. Martin] are inciteful and spiteful and I demand
that they be taken down.

On March 17, 1988,⁽⁸⁸⁾ a resolution regarding the
authority of the Chair to order that microphones be turned off in
response to disorderly conduct by Members was determined not to
constitute a question of privilege under rule IX:⁽⁸⁹⁾
---------------------------------------------------------------------------
88. 134 Cong. Rec. 4079, 4081, 4084-87, 100th Cong. 2d Sess.
89. House Rules and Manual Sec. 704 (2017).
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE

Mr. WALKER. Mr. Speaker, I rise to a personal privilege of the
House.
Mr. LUNGREN. Mr. Speaker, parliamentary inquiry.
Mr. WALKER. Mr. Speaker, I have a question of a privilege of
the House under rule IX.
Mr. LUNGREN. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore.⁽⁹⁰⁾ The gentleman will
state his parliamentary inquiry.
---------------------------------------------------------------------------
90. Gary Ackerman (NY).
---------------------------------------------------------------------------

Mr. WALKER. Mr. Speaker, I have a question of privilege before
the House under rule IX.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read the resolution, as follows:

Whereas, the Speaker pro tempore ordered the microphone cut off as a
duly-elected Member of the House was speaking; Be it therefore

Resolved, That the Speaker, Speaker pro tempore, or any Member of the
House as the Presiding Officer of the House of Representatives may not
order the microphone to be cut off while any Member is speaking on the
floor of the House of Representatives.

Mr. WALKER. Mr. Speaker, I think I must be recognized to debate
my resolution, is that not correct?
The SPEAKER pro tempore. The resolution does not allege an
abuse of the House rules, and is not a question of privilege.
The House will proceed to the unfinished business.
Pursuant to clause 5, rule I, the Chair will now put the
question on each motion to suspend the rules on which further
proceedings were postponed----
Mr. WALKER. Mr. Speaker, I question the ruling of the Chair.
The SPEAKER pro tempore. Is the gentleman from Pennsylvania
appealing the decision of the Chair?
Mr. WALKER. Mr. Speaker, I am appealing the ruling of the
Chair.
It is my understanding, Mr. Speaker, that I am given a chance
to debate that issue.
Mr. [Brian] DONNELLY [of Massachusetts]. Mr. Speaker, the vote
is automatic.
Mr. WALKER. I have 1 hour, I believe.
The SPEAKER pro tempore. The appeal is debatable unless there
is a motion to table.
The gentleman from Washington [Mr. [Thomas] Foley] is
recognized.

motion to table offered by mr. foley

Mr. FOLEY. Mr. Speaker, I did not hear the Speaker's ruling
with respect to the appeal. Would the Speaker restate the ruling?
The SPEAKER pro tempore. The Chair had stated that the
resolution did not raise a question of privilege from which ruling
the gentleman from Pennsylvania [Mr. Walker] has appealed.
Mr. FOLEY. The gentleman from Pennsylvania [Mr. Walker] has
appealed the ruling of the Chair, is that correct?
The SPEAKER pro tempore. Yes, that is correct.
Mr. FOLEY. Mr. Speaker, I move to lay the appeal on the table.

The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. WALKER. Mr. Speaker, I object to the vote on the ground a
quorum is not present and make the point of order that a quorum is
not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members. . . .
Mr. [Richard] SCHULZE [of Pennsylvania] changed his vote from
``yea'' to ``nay.''

So the motion to table the appeal was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

parliamentary inquiries

Mr. [Paul] HENRY [of Michigan]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [Gary] Ackerman [of New York]).
The gentleman will state it.
Mr. HENRY. Mr. Speaker, I rise for a point of parliamentary
inquiry.
Mr. Speaker, I was among those who were on the floor during the
exchange which we have been debating and would like to indicate it
was the consensus of many of us that when the gentleman from
California [Mr. Dornan] was addressing the House the floor
microphones were not turned off but the difficulty arose in part
that the television broadcast, the C-SPAN microphones were cut off.
Mr. Speaker, the rules of the House clearly stipulate that
electronic broadcast of the proceedings of the House shall be a
fair and accurate proceedings, recording and rendering of
proceedings of the House.
I am wondering if the Speaker would respond as to the
appropriateness in this instance when apparently the C-SPAN
electronic broadcast of the proceedings of the House were cut off
while the House microphones were not.
The SPEAKER pro tempore. Let the Chair assure the gentleman
that the Chair was directing his remarks to the in-house
microphones and certainly not to the coverage of the proceedings of
the House by electronic media or the press.
The unfinished business----
Mr. DORNAN of California. Mr. Speaker, I have a point of
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.

Mr. DORNAN of California. Mr. Speaker, I would like to inquire
if this Member is able to take a point of personal privilege, that
is 1 hour of debate on the House floor at the moment it is granted,
if I feel that my honor was impugned when the majority whip, who
also spoke way beyond 1 minute, way beyond 60 seconds, if Mr.
Coelho tells me that I have sold out the young men and women that I
visited with not more than a month ago who are at this moment being
strafed and rocketed by Soviet gunships, to tell me to my face--and
I am sitting in the front row--that I sold them out impugn my
honor.
The SPEAKER pro tempore. The gentleman will state a
parliamentary inquiry.
Mr. DORNAN of California. Do I have a right for a point of
personal privilege on that?
The SPEAKER pro tempore. That is not a remedy that the
gentleman has under the circumstances.
Mr. DORNAN of California. May I ask the ruling of the Chair as
to why I cannot maintain a point of personal privilege that my
honor was impugned.
The SPEAKER pro tempore. The point of personal privilege does
not derive from words spoken in debate.
Mr. DORNAN of California. Then, Mr. Speaker----
The SPEAKER pro tempore. The unfinished business of the House--
--
Mr. DORNAN of California. Mr. Speaker, point of personal
privilege.
The SPEAKER pro tempore. The gentleman will state his point.
Mr. DORNAN of California. Mr. Speaker, I take a point of
personal privilege that in violation of both House rules and
tradition set forth when this House went on television on my
birthday, April 3, 1979, that the representation of the--that the
representation of the parliamentary procedures in this Chamber
would be broadcast identically to Alaska, Hawaii, Puerto Rico, and
all U.S. States and territories in between. It is my understanding
and my own hearing verifies this that my microphones were not cut
off on the House floor, that the microphones were only cut off to
my home in Garden Grove where my wife was watching and to all
people observing these proceedings through the national technical
means of these six cameras on this Chamber.
My point of personal privilege is that I was offended as a
Member by having my words cut off going to the outside world
through the electronic means that this House voted for--not
unanimously--voted for in this Chamber.
The SPEAKER pro tempore. The Chair has already just previously
stated that his directions were to the House microphones and not to
the electronic microphones.
Mr. DORNAN of California. Wait a minute, Mr. Speaker.
The SPEAKER pro tempore. Pursuant to clause 5, rule I the Chair
will now put the question on each motion----
Mr. DORNAN of California. Mr. Speaker----
The SPEAKER pro tempore. On which further proceedings were
postponed----
Mr. DORNAN of California. Mr. Speaker, the House was not in
order.
The SPEAKER pro tempore. In the order in which that motion was
entertained.
Mr. DORNAN of California. Mr. Speaker----
The SPEAKER pro tempore. Votes will be taken in the following
order----
Mr. DORNAN of California. I asked you courteously----
The SPEAKER pro tempore. Senate Joint Resolution 225, the yeas
and nays, S. 2151 de novo.
Mr. DORNAN of California. Mr. Speaker, the House was not in
order when you addressed----
The SPEAKER pro tempore. The Chair will reduce to 5 minutes the
time for any electronic votes after the first such----
Mr. DORNAN of California. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. For any electronic votes after the
first such vote in this series.
The unfinished business is the vote on the motion of the
gentleman from Minnesota----
Mr. HENRY. Mr. Speaker, parliamentary inquiry.
Mr. WALKER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. WALKER. Mr. Speaker, a number of us were waiting to give 1-
minute speeches just a little bit ago.
Do I understand now that the Chair has cut off our privilege of
having a 1-minute speech today in order to proceed ahead with other
business?
The SPEAKER pro tempore. At the Chair's discretion, 1-minute
speeches may be taken up later in the day. . . .
Mr. WALKER. And those Members of the minority, I think it was
only minority members that are left, are going to be shut off from
our privilege of having the 1-minute right now, is that correct?
The SPEAKER pro tempore. No, that is not correct. Any Member
who has a 1-minute that they would like to make will be recognized
at the end of the day at the discretion of the Chair.
For what purpose does the gentleman from Michigan rise?
Mr. HENRY. Mr. Speaker, I have a point of parliamentary inquiry
and to respond. I had been recognized on this issue and I would
like to be very clear for the Record because of the serious
importance of this issue: As I understand the Chair's response we
are told that your instructions were in fact to turn off the House
floor microphones--whether that is appropriate or not is another
question--but that was mistakenly acted upon by the internal
broadcast mechanism so in fact the House floor's inadvertently
remained on and the electronic microphones for internal broadcast
system which the other electronic relays rely on was cut off. Am I
correct in that, Mr. Speaker? I want to clarify very clearly that
the Chair does not have the power to turn off----
The SPEAKER pro tempore. The gentleman is correct for coverage
of proceedings of the House. It was the intent of the Chair to turn
off the House microphones.
Mr. HENRY. Thank you very much, Mr. Speaker.

Sec. 3.14 A resolution alleging that termination by the Chair of audio
broadcast coverage of House proceedings had been improperly
ordered, and directing the Speaker to ensure future compliance with
full coverage of House proceedings (by not permitting interruptions
of coverage), was held to involve a question of the integrity of
House proceedings and to constitute a question of the privileges of
the House.

On March 17, 1988,⁽⁹¹⁾ the Majority Leader took the
floor to admonish all Members not to proceed out of order after their
debate time had expired or without proper recognition. The House then
adopted a resolution offered as a question of the privileges of the
House directing the Speaker to ensure uninterrupted audio and visual
coverage of House proceedings as follows:
---------------------------------------------------------------------------
91. 134 Cong. Rec. 4180-82, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE--BROADCAST COVERAGE OF HOUSE
PROCEEDINGS

Mrs. [Lynn] MARTIN [of Illinois]. Mr. Speaker, I rise to a
question of the privileges of the House pursuant to rule IX of the
rules of the House, and I have a resolution at the desk and ask for
its immediate consideration.
The Clerk read the resolution as follows:

H. Res. 406

Whereas, the broadcast coverage of House proceedings affects the dignity,
decorum and integrity of those proceedings; and

Whereas, House Rule I, clause 9(b) requires the ``complete and unedited
audio and visual broadcasting'' of House proceedings; and

Whereas, the Speaker held on April 30, 1985, that H. Res. 150, directing
the Speaker to ``provide for the audio and visual broadcast coverage of the
Chamber while Members are voting,'' raised a legitimate question of the
privileges of the House (House Rules & Manual, 100th Congress, Sec. 662);
and

Whereas, on Wednesday, March 16, 1988, the audio broadcast coverage of
House proceedings was terminated during a Member's spoken remarks while the
audio system in the Chamber continued to operate; and

Whereas, such termination of audio broadcast coverage violates the
provision of clause 9(b)(1) of House Rule I requiring ``complete and
unedited audio and visual broadcasting of House proceedings: Now,
therefore, be it

Resolved, The Speaker is hereby directed to take such steps as are
necessary to ensure future compliance with House Rule I, clause 9(b) that
the audio and visual broadcast coverage of House proceedings not be
interrupted, including instructions to any Members acting as Speaker pro
tempore, and any officers or employees of the House involved with the
broadcast system, and the implementation of any necessary safeguards to
prevent the termination of such coverage.

The SPEAKER.⁽⁹²⁾ The Chair believes that the
resolution offered by the gentlewoman from Illinois [Mrs. Martin]
does constitute a question of the privileges of the House under the
precedents cited in the preamble of the resolution since it directs
compliance with clause 9(a)1 of rule I, which requires complete and
unedited broadcast coverage of the proceedings of the House.
---------------------------------------------------------------------------
92. James Wright (TX).
---------------------------------------------------------------------------

Therefore, the gentlewoman from Illinois [Mrs. Martin] is
recognized for 1 hour. . . .
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Robert] WALKER [of Pennsylvania]. Mr. Speaker, I object to
the vote on the ground that a quorum is not present and make the
point of order that a quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
381, not voting 51, as follows:

Sec. 4. Galleries

The galleries of the House Chamber allow visitors to view House
proceedings, and while protocols for admission to the galleries have
varied over time, authority for regulating admission to the galleries
has generally rested with the Speaker.⁽¹⁾ Clause 6 of rule
IV of the standing rules provides that the Speaker shall set aside a
portion of the West Gallery for use by the President, members of the
Cabinet, justices of the Supreme Court, foreign ministers, and family
members thereof.⁽²⁾ Another portion of the same gallery is
set aside for guests of Members.⁽³⁾. The southerly half of
the East Gallery is reserved for the use of the families of Members of
Congress.⁽⁴⁾ Pursuant to clause 2 of rule VI, a portion of
the gallery over the Speaker's chair is set aside for representatives
of the press and news media reporters.⁽⁵⁾ In 1978, the
galleries were renovated to provide improved access for individuals
with disabilities.⁽⁶⁾
---------------------------------------------------------------------------
1. See Deschler's Precedents Ch. 4 Sec. Sec. 5.1, 5.2.
2. House Rules and Manual Sec. 682 (2017).
3. Id.
4. Id.
5. House Rules and Manual Sec. Sec. 693, 694 (2017). For parliamentary
inquiries regarding admission to the press gallery, see
Sec. 4.10, infra.
6. See Sec. 4.8, infra.
---------------------------------------------------------------------------

Clause 2 of rule I,⁽⁷⁾ charges the Speaker with
preserving order and decorum in the House galleries, and further
authorizes the Speaker to clear the galleries in the case of a
disturbance or other disorderly conduct.⁽⁸⁾ Manifestations
of approval or disapproval by occupants of the gallery are not
permitted, and the Chair frequently reminds gallery occupants of this
policy.⁽⁹⁾ On occasion, the Speaker has requested that the
galleries stand when the oath of office is administered to a new
Member.⁽¹⁰⁾
---------------------------------------------------------------------------
7. House Rules and Manual Sec. 622 (2017).
8. See Sec. Sec. 4.1, 4.5, and 4.6, infra. This authority of the
Speaker has been interpreted as part of general parliamentary
law, such that it can be exercised prior to the adoption of
rules. See Sec. 4.7, infra; and Precedents (Wickham) Ch. 1
Sec. 6.1. See also 40 U.S.C. Sec. 5104(e)(2)(B).
9. See Sec. Sec. 4.2, 4.4, infra.
10. See Sec. 4.9, infra.
---------------------------------------------------------------------------

Clause 7 of rule XVII⁽¹¹⁾ prohibits Members of the House
from referencing or introducing to the body individuals in the
galleries, and the Chair takes the initiative to enforce this
prohibition.⁽¹²⁾
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 966 (2017).
12. See Deschler's Precedents Ch. 4 Sec. Sec. 5.3-5.5 and Deschler's
Precedents Ch. 29 Sec. 45. See also Sec. 1.18, supra.
---------------------------------------------------------------------------

Clearing the Galleries

Sec. 4.1 Instance where the Speaker, having twice admonished spectators
in the galleries to refrain from disorderly behavior, ordered all
the galleries cleared pursuant to clause 2 of rule
I.⁽¹³⁾
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 622 (2017).
---------------------------------------------------------------------------

On January 18, 1972,⁽¹⁴⁾ when all the persons in one
gallery stood and displayed signs indicating approval of proceedings on
the floor demanding censure of President Richard Nixon, Speaker Carl
Albert of Oklahoma ordered the galleries cleared:
---------------------------------------------------------------------------
14. 118 Cong. Rec. 9, 92d Cong. 2d Sess. See also 2 Hinds' Precedents
Sec. 1352 (instance in 1836 where the Speaker also ordered the
galleries to be cleared).
---------------------------------------------------------------------------

The SPEAKER.⁽¹⁵⁾ The Chair reminds our guests in the
galleries that the Chair must enforce the rules of the House and
that demonstrations from the galleries will not be permitted. . . .
---------------------------------------------------------------------------
15. Carl Albert (OK). -------------------
---------------------------------------------------------------------------

POINT OF ORDER

Mr. [Durward] HALL [of Missouri]. Mr. Speaker, I demand that
the gallery be cleared.
The SPEAKER. The Chair will not tolerate demonstrations of
approval or disapproval in the galleries.
Mr. HALL. Mr. Speaker, I make a point of order that our guests
and those in the galleries are not in order. I request that the
gallery be cleared.
The SPEAKER. The gentleman's point is well taken. The galleries
will be cleared.

Disruptions

Sec. 4.2 Occupants of the gallery are not to manifest approval or
disapproval of, or otherwise to disrupt, the proceedings on the
floor.

On November 27, 2012,⁽¹⁶⁾ the following announcement,
frequently made by the Chair, was made:
---------------------------------------------------------------------------
16. 158 Cong. Rec. 15530, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

announcement by the speaker pro tempore

The SPEAKER pro tempore.⁽¹⁷⁾ The Chair will remind
all persons in the gallery that they are here as guests of the
House and that any manifestation of approval or disapproval of
proceedings, including applause, is in violation of the rules of
the House.
---------------------------------------------------------------------------
17. Daniel Webster (FL).
---------------------------------------------------------------------------

Sec. 4.3 In response to a parliamentary inquiry, the Chair advised that
while occupants of the gallery are not to manifest approval or
disapproval of proceedings on the floor, Members may do so in non-
disruptive fashion.⁽¹⁸⁾
---------------------------------------------------------------------------
18. Parliamentarian's Note: Certain displays, such as hissing and
jeering, are improper. House Rules and Manual Sec. 622 (2017).
---------------------------------------------------------------------------

On November 7, 2009,⁽¹⁹⁾ the following occurred:
---------------------------------------------------------------------------
19. 155 Cong. Rec. 27448, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker pro tempore

The SPEAKER pro tempore (Mr. [John] Salazar [of Colorado]). The
Chair will remind all persons in the gallery that they are guests
of the House and that any manifestation of approval or disapproval
of proceedings or other audible conversation is in violation of the
rules of the House.

parliamentary inquiry

Mr. [Joseph] BARTON [of Texas]. Parliamentary inquiry, Mr.
Speaker.
The SPEAKER pro tempore. The gentleman is recognized for a
parliamentary inquiry.
Mr. BARTON of Texas. We respect the ruling and the admonition
about members of the gallery, but is it acceptable under the rules
for the Members of Congress to show approval or disapproval of a
speech on the floor?
The SPEAKER pro tempore. It is acceptable unless interrupting
another in debate.
Mr. BARTON of Texas. Thank you, Mr. Speaker. We approve the
Speaker's ruling.

Sec. 4.4 Occupants of the gallery are not to manifest approval or
disapproval of, or to disrupt through audible conversation or
otherwise, the proceedings on the floor, and guests violating these
rules may be removed.

On November 7, 2009,⁽²⁰⁾ the following announcement was
made:
---------------------------------------------------------------------------
20. 155 Cong. Rec. 27456, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker pro tempore

The SPEAKER pro tempore.⁽²¹⁾ The Chair will remind
persons in the gallery that they are here as guests of the House
and that any manifestation of approval or disapproval thereof of
proceedings or other audible conversations is in violation of the
rules of the House.
---------------------------------------------------------------------------
21. John Salazar (CO).
---------------------------------------------------------------------------

Furthermore, occupants of the gallery are guests of the House.
Those in violation of these rules of the House may be removed.

Disturbances

Sec. 4.5 In response to a demonstration in the gallery (as opposed to
merely an improper display of approval or disapproval), the Chair
notes for the Congressional Record the disruptive character of the
demonstration and enlists the Sergeant-at-Arms to remove the
offending parties.

On August 1, 2011,⁽²²⁾ the following announcement,
frequently made by the Chair in response to disturbances in the
gallery, was made:
---------------------------------------------------------------------------
22. 157 Cong. Rec. 12695, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the speaker pro tempore

The SPEAKER pro tempore.⁽²³⁾ The Chair notes a
disturbance in the gallery in contravention of the rules of the
House. The Sergeant at Arms is to remove those persons responsible
for the disturbance and restore order to the gallery.
---------------------------------------------------------------------------
23. Jeff Denham (CA).
---------------------------------------------------------------------------

The Sergeant at Arms will restore order to the gallery.
The Sergeant at Arms will remove the disturbance from the
gallery.

Sec. 4.6 Instance where, after repeated disturbances in the gallery,
the Chair warned protestors of the possibility of
prosecution.⁽²⁴⁾
---------------------------------------------------------------------------
24. Parliamentarian's Note: The Speaker has the authority under clause
2 of rule I to clear the galleries. See House Rules and Manual
Sec. 622 (2017). Although this authority was not exercised
here, it was last exercised on January 18, 1972. See Sec. 4.1,
supra.
---------------------------------------------------------------------------

On April 15, 2011,⁽²⁵⁾ eight different sets of
protestors rose and shouted at intervals from the gallery, repeatedly
interrupting debate. The Chair then gave various warnings to occupants
of the gallery as follows:
---------------------------------------------------------------------------
25. 157 Cong. Rec. 6296-97, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

The Acting CHAIR.⁽²⁶⁾ Pursuant to the rule, it is
now in order to consider a final period of general debate, which
shall not exceed 20 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on the Budget.
---------------------------------------------------------------------------
26. Charles Bass (NH).
---------------------------------------------------------------------------

The gentleman from Wisconsin (Mr. Ryan) and the gentleman from
Maryland (Mr. Van Hollen) each will control 10 minutes.
The Chair recognizes the gentleman from Wisconsin. . . .

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery
which is in contravention of the laws and rules of the House. The
Sergeant at Arms will remove those persons responsible for the
disturbance and restore order to the gallery.
The Chair recognizes the gentleman from Maryland.
Mr. [Chris] VAN HOLLEN [of Maryland]. Mr. Chairman, we are
turning back the clock. We're turning back the clock on progress
and we're turning back the clock--

announcement by the acting chair

The Acting CHAIR. The gentleman will suspend.
The Chair notes a disturbance in the gallery which is in
contravention of the laws and rules of the House. The Sergeant at
Arms will remove those persons responsible for the disturbance and
restore order to the gallery.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Mr. Chairman, what the Republican budget does
is turn back the clock on a fair deal for the American people.
Every person in this body today loves this great Nation of ours
and believes it's a special place. We have to maintain the dynamism
and exceptionalism of this country. We see different paths and make
different choices to accomplish that goal.

announcement by the acting chair

point of order

Mr. [Jesse] JACKSON of Illinois. Point of order, Mr. Chairman.
The Acting CHAIR. The gentleman from Illinois will state his
point of order.
Mr. JACKSON of Illinois. Mr. Chairman, my question is about the
clarification of the rules. The rules also, for our visiting
guests, allow the Sergeant at Arms to clear the Chamber, if
necessary. Is that correct, Mr. Chairman?
The Acting CHAIR. It is within the authority of the Chair to
clear the gallery.
Mr. JACKSON of Illinois. I thank the Chairman.
I would just encourage those to continue the civil conversation
that we are having about a very difficult conversation in our
country.
The Acting CHAIR. The Chair recognizes the gentleman from
Maryland.
Mr. VAN HOLLEN. Mr. Chairman, if I----

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery
which is in contravention of the laws and rules of the House. The
Sergeant at Arms will remove those persons responsible for the
disturbance and restore order, and would affirm to all Members that
the Chair has the authority to clear the gallery.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Mr. Chairman, may I inquire as to how much time
remains.
The Acting CHAIR. The gentleman from Maryland has 9\1/2\
minutes remaining.
Mr. VAN HOLLEN. Mr. Chairman, we all agree we have to act now
to put in place a plan to reduce our deficit.

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery
which is in contravention of the laws and rules of the House. The
Sergeant at Arms will remove those persons responsible for the
disturbance and restore order to the gallery.
Mr. VAN HOLLEN. Mr. Chairman, I ask unanimous consent to begin
my remarks from the beginning and reset the clock.
The Acting CHAIR. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. VAN HOLLEN. Mr. Chairman, I thank my colleagues.
As I said, nobody doubts that every person in this Chamber
loves this country and wants to do the right thing.

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery,
which is in contravention of the laws and rules of the House. The
Sergeant-at-Arms will remove those persons responsible for the
disturbance and restore order to the gallery.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Thank you, Mr. Chairman.
I'm tempted to reserve my time and yield it back to the other--
--

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery
which is in contravention of the laws and rules of the House. The
Sergeant-at-Arms will remove those persons responsible for the
disturbance and restore order to the gallery.
The Chair makes this announcement for purposes of possible
prosecution.
The gentleman from Maryland may proceed.
Mr. VAN HOLLEN. Thank you, Mr. Chairman.
As I said, I was tempted to reserve my time and allow my
colleague to proceed. But as I understand the Chamber is now quiet,
let me begin where I left off and say that all of us agree,
everybody in this Chamber agrees, we need to put in place a plan to
reduce our deficit in a predictable, steady manner. . . .

announcement by the acting chair

The Acting CHAIR. The Chair notes a disturbance in the gallery
in contravention of the law and rules of the House. The Sergeant at
Arms will remove those persons responsible for the disturbance and
restore order to the gallery.
The gentleman may proceed.

Sec. 4.7 The Speaker has authority to quell demonstrations of approval
or disapproval by visitors in the gallery even prior to the
adoption of the standing rules of the House.

On January 4, 1995,⁽²⁷⁾ after the election of the
Speaker, but before adoption of the standing rules, the following
occurred:
---------------------------------------------------------------------------
27. 141 Cong. Rec. 454, 104th Cong. 1st Sess. See also Precedents
(Wickham) Ch. 1 Sec. 6.6.
---------------------------------------------------------------------------

announcement by the speaker

The SPEAKER.⁽²⁸⁾ There are to be no demonstrations
in the gallery. Those in the gallery are here as guests of the
House.
---------------------------------------------------------------------------
28. Newt Gingrich (GA).
---------------------------------------------------------------------------

Mr. [David] BONIOR [of Michigan]. Mr. Speaker, I yield 1 minute
to the gentleman from Florida [Mr. Peterson].

Miscellaneous Gallery Issues

Sec. 4.8 The Majority Leader announced the installation of facilities
for individuals with disabilities in the House galleries.

On January 19, 1978,⁽²⁹⁾ the Majority Leader made the
following announcement:
---------------------------------------------------------------------------
29. 124 Cong. Rec. 112, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

FACILITIES FOR HANDICAPPED IN HOUSE GALLERY

(By unanimous consent Mr. Wright was allowed to speak out of
order.)
Mr. [James] WRIGHT [of Texas]. Mr. Speaker, during the recent
adjournment, in continuation of our ongoing program for removing
architectural barriers to the physically handicapped, we have
installed an area in the visitors' gallery where access is
available at the corridor level for the use of those in wheelchairs
or to any individuals for whom stairs provide an obstacle; so with
no more assistance than the individuals may desire, access to this
chamber is now available to all citizens.

Sec. 4.9 On occasion, the Speaker has requested that guests in the
gallery rise with the Members while the oath of office was
administered to a Member-elect.

On November 12, 1991,⁽³⁰⁾ the following occurred:
---------------------------------------------------------------------------
30. 137 Cong. Rec. 31254-55, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF HON. GEORGE F. ALLEN, OF VIRGINIA, AS A MEMBER
OF THE HOUSE

Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, I ask unanimous
consent that the gentleman from the Commonwealth of Virginia, Mr.
George Allen, be permitted to take the oath of office today. His
certificate of election has not arrived, but there is no contest,
and no question has been raised with regard to his election.
The SPEAKER.⁽³¹⁾ Is there objection to the request
of the gentleman from Illinois?
---------------------------------------------------------------------------
31. Thomas Foley (WA).
---------------------------------------------------------------------------

There was no objection.
The SPEAKER. Will the gentleman from Virginia [Mr. Bliley] and
the Member-Elect, Mr. George Allen of the Seventh Congressional
District of the Commonwealth of Virginia, come forward, escorted by
the gentleman from Virginia [Mr. Bliley] and the Members of the
Virginia delegation. Will the Members and the guests in the gallery
please rise.
Mr. [George] Allen [of Virginia] appeared at the bar of the
House and took the oath of office, as follows:

The SPEAKER. Congratulations, you are now a Member of the U.S.
House of Representatives.

Sec. 4.10 In response to a parliamentary inquiry, the Chair advised
that properly accredited press had access to the House gallery.

On May 19, 2004,⁽³²⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
32. 150 Cong. Rec. 10115, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Victor] SNYDER [of Arkansas]. Mr. Speaker, parliamentary
inquiry.
The SPEAKER pro tempore (Mr. [Johnny] Isakson [of Georgia]).
The gentleman will state his inquiry.
Mr. SNYDER. Mr. Speaker, I believe under the rules, procedures
and etiquette of the House, that the press is to have access to the
gallery here in the House. I am concerned that the doors may be
locked. I see only one person in the press gallery today.
I think people all over the country have a right to know that
the press has access to the Chamber to cover the travesty of
democracy and the arrogance of power that is going on here today.
I would ask the Parliamentarian and the Sergeant at Arms to be
sure that the press gallery doors are unlocked so that the press
might have access to these terrible proceedings wrought on the
House floor by the majority.
The SPEAKER pro tempore. The gentleman is not stating a
parliamentary inquiry. Accessibility to the House is being
observed.

Mr. SNYDER. Parliamentary inquiry, Mr. Speaker. Do the rules of
the House provide for the press to have access to the gallery of
the House?
The SPEAKER pro tempore. The House is in open session. Anybody
has access that meets the standards of security.
Mr. SNYDER. Thank you. And that was a correct parliamentary
inquiry.

Sec. 5. Admission to the House Floor

Clause 2(a) of rule IV⁽¹⁾ provides that only certain
persons are entitled to admission to the Hall of the House (and rooms
leading thereto)⁽²⁾ and further specifies the full list of
persons who may exercise such floor privileges.⁽³⁾ Unlike
most rules of the House, this rule may not be waived by unanimous
consent or a motion to suspend the rules.⁽⁴⁾ However, a
simple resolution may authorize persons without floor privileges to be
admitted to the floor of the House.⁽⁵⁾ Each Congress, the
Speaker typically inserts a policy statement to the Congressional
Record announcing that the rule on floor privileges will be strictly
enforced, and reiterating prior policies in this area.⁽⁶⁾
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 678 (2017).
2. See Deschler's Precedents Ch. 4 Sec. 4.1
3. Parliamentarian's Note: Individuals entitled to floor privileges
are as follows: (1) Members of Congress, Members-elect, and
contestants in election cases during the pendency of their
cases on the floor; (2) the Delegates and the Resident
Commissioner; (3) the President and Vice President of the
United States and their private secretaries; (4) justices of
the Supreme Court; (5) elected officers and minority employees
nominated as elected officers of the House; (6) the
Parliamentarian; (7) staff of committees when business from
their committee is under consideration, and staff of the
respective party leaderships when so assigned with the approval
of the Speaker; (8) not more than one person from the staff of
a Member, Delegate, or Resident Commissioner when that Member,
Delegate, or Resident Commissioner has an amendment under
consideration; (9) the Architect of the Capitol; (10) the
Librarian of Congress and the assistant in charge of the Law
Library; (11) the Secretary and Sergeant-at-Arms of the Senate;
(12) heads of departments; (13) Foreign ministers; (14)
Governors of states; (15) former Members, Delegates, and
Resident Commissioners; former Parliamentarians of the House;
and former elected officers and minority employees nominated as
elected officers of the House; (16) one attorney to accompany a
Member, Delegate, or Resident Commissioner who is the
respondent in an investigation undertaken by the Committee on
Ethics when a recommendation of that committee is under
consideration in the House; and (17) such persons as have, by
name, received the thanks of Congress. For an earlier precedent
regarding the definition of those who have ``received the
thanks of Congress,'' see Deschler's Precedents Ch. 4 Sec. 4.6.
4. Rule IV, clause 2(b), House Rules and Manual Sec. 678 (2017). See
Deschler's Precedents Ch. 4 Sec. 4.2.
5. See Sec. 5.3, infra.
6. See Sec. Sec. 5.1, infra and Sec. 1.17, supra. See also 163 Cong.
Rec. H34 [Daily Ed.], 115th Cong. 1st Sess. (Jan. 3, 2017).
---------------------------------------------------------------------------

Members of Congress (including Members-elect and contestants in
election cases),⁽⁷⁾ Delegates, and the Resident Commissioner
have floor privileges, as well as Senators.⁽⁸⁾ Elected
officers of the House and minority employees nominated as elected
officers of the House are also entitled to admission to the
floor.⁽⁹⁾ Former Members, former elected officers (including
former Parliamentarians), and former minority employees nominated as
elected officers are accorded floor privileges as well, but are subject
to certain restrictions in clause 4(a) of rule IV.⁽¹⁰⁾
---------------------------------------------------------------------------
7. See Deschler's Precedents Ch. 4 Sec. 4.5.
8. See Sec. Sec. 5.15, 5.16, infra. See also Deschler's Precedents Ch.
4 Sec. 4.8.
9. See Precedents (Wickham) Ch. 6.
10. House Rules and Manual Sec. 680 (2017). For more on floor
privileges for former Members, see Sec. 6, infra.
---------------------------------------------------------------------------

Committee staff, Members' personal staff, and party leadership
staff may exercise floor privileges, subject to certain restrictions.
Committee staff are permitted on the floor only when business from the
committee in under consideration.⁽¹¹⁾ This rule has been
interpreted by the Speaker to permit up to four professional staff
members and one clerk from the committee on the floor at any given
time.⁽¹²⁾ The Speaker has enforced this rule through a
variety of methods, including sign-in sheets, identification cards, and
committee staff badges.⁽¹³⁾ When committee staff exercise
floor privileges, they must not intrude upon House proceedings by
attempting to influence legislation⁽¹⁴⁾ or manifesting
approval or disapproval of House business.⁽¹⁵⁾ The Speaker
has permitted the staff of multiple committees to exercise floor
privileges during consideration of an omnibus budget reconciliation
measure that was the product of such committees.⁽¹⁶⁾
---------------------------------------------------------------------------
11. Rule IV, clause 2(a)(7), House Rules and Manual Sec. 678 (2017).
12. See 118 Cong. Rec. 20318, 92d Cong. 2d Sess. (June 8, 1972) and
Sec. 5.5, infra. For further announcements regarding limits on
committee staff on the floor, see Sec. Sec. 5.4, 5.6, infra.
13. See Sec. 5.8, infra.
14. See Sec. 5.9, infra.
15. See Sec. 5.10, infra.
16. See Sec. 5.7, infra.
---------------------------------------------------------------------------

Staff of the respective party leaderships are entitled to floor
access when so assigned with the approval of the
Speaker.⁽¹⁷⁾ Clause 2(a)(8) of rule IV limits the number of
persons from a Member's personal staff to not more than one, and only
when the Member has an amendment under consideration.⁽¹⁸⁾
---------------------------------------------------------------------------
17. Rule IV, clause 2(a)(7) of rule IV, House Rules and Manual Sec. 678
(2017).
18. House Rules and Manual Sec. 678 (2017). See also 128 Cong. Rec.
21934, 97th Cong. 2d Sess. (Aug. 18, 1982).
---------------------------------------------------------------------------

When the House meets for ceremonial occasions, such as a joint
meeting to hear an address from a foreign dignitary or a joint session
to hear an address from the President, the Speaker typically announces
to the House who will be entitled to exercise floor privileges during
such occasions.⁽¹⁹⁾ In recent years, the Speaker has
instructed Members not to attempt to reserve seats in the House for
such ceremonies by leaving placards or other items in the
Chamber.⁽²⁰⁾
---------------------------------------------------------------------------
19. See Sec. Sec. 5.2, 5.11, and 5.12, infra. See also Deschler's
Precedents Ch. 4 Sec. Sec. 4.3, 4.4.
20. See Sec. 1.19, supra; and 155 Cong. Rec. 6364, 111th Cong. 1st
Sess. (Mar. 4, 2009).
---------------------------------------------------------------------------

Granting or Restricting Floor Access by Resolution

Sec. 5.1 The House adopted a resolution authorizing the Speaker to
admit individuals to the Hall of the House to obtain film footage
of the House in session for inclusion in a film to be shown in the
Capitol Visitor Center.

On October 7, 2005,⁽²¹⁾ the following occurred;
---------------------------------------------------------------------------
21. 151 Cong. Rec. 22648, 109th Cong. 1st Sess. For more on still
photography in the Chamber, see Sec. 3, supra.
---------------------------------------------------------------------------

PERMITTING INDIVIDUALS TO BE ADMITTED TO HALL OF HOUSE TO
OBTAIN FOOTAGE OF HOUSE IN SESSION

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I ask
unanimous consent that it shall be in order at any time to consider
in the House the resolution, H. Res. 480; the resolution shall be
considered as read; the previous question shall be considered as
ordered on the resolution to its adoption without intervening
motion except 10 minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on Rules.
The SPEAKER pro tempore.⁽²²⁾ Is there objection to
the request of the gentleman from Florida?
---------------------------------------------------------------------------
22. Michael Simpson (ID).
---------------------------------------------------------------------------

There was no objection.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, pursuant to
the previous order of the House, I call up the resolution (H. Res.
480) permitting individuals to be admitted to the Hall of the House
in order to obtain footage of the House in session for inclusion in
the orientation film to be shown to visitors at the Capitol Visitor
Center, and ask for its immediate consideration.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 480

Resolved, That the Speaker, in consultation with the minority leader, may
designate individuals to be admitted to the Hall of the House and the rooms
leading thereto in order to obtain film footage of the House in session for
inclusion in the orientation film to be shown to visitors at the Capitol
Visitor Center.

The SPEAKER pro tempore. Pursuant to the order of the House of
today, the gentleman from Florida (Mr. Lincoln Diaz-Balart) and the
gentlewoman from New York (Ms. Slaughter) each will control 5
minutes.
The Chair recognizes the gentleman from Florida (Mr. Lincoln
Diaz-Balart).
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield myself
such time as I may consume.
Mr. Speaker, this is a very simple resolution which allows the
Speaker, in consultation with the minority leader, to allow
individuals to be admitted to the Hall of the House in order to
film the House in session for inclusion in an orientation film to
be shown to visitors at the Capitol Visitor Center. This resolution
is necessary because clause 2(b) of rule IV of the rules of the
House provides that the Speaker may not entertain a unanimous-
consent request or a motion to suspend clause 2 of rule IV, which
restricts access to the floor of the House while the House is in
session.
Mr. Speaker, I would urge all Members to support this
resolution which will provide edification for millions of visitors
to our Nation's Capitol.
Mr. Speaker, I reserve the balance of my time.
Ms. [Louise] SLAUGHTER [of New York]. Mr. Speaker, we are
pleased to support the resolution.

Mr. Speaker, I yield back the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield back
the balance of my time.
Pursuant to the order of the House of today, the resolution is
considered read and the previous question is ordered.
The question is on the resolution.
The resolution was agreed to.
A motion to reconsider was laid on the table.

On April 25, 2006,⁽²³⁾ the Chair announced that
individuals might be present in the rooms adjoining the Chamber to
obtain film footage of the House in session, pursuant to the earlier
order of the House:
---------------------------------------------------------------------------
23. 152 Cong. Rec. 5944, 109th Cong. 2d Sess. See also Sec. 1.7, supra.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore (Mr. [Tom] Price [of Georgia]). Members
are advised that persons may be present in the rooms adjoining the
Chamber during this next vote under the authority of House
Resolution 480 (relating to the Capitol Visitor Center film).

Sec. 5.2 The House adopted a special order of business resolution
reported by the Committee on Rules providing, inter alia, that
during an upcoming joint meeting of the House, only specified
persons would be permitted on the floor of the
House.⁽²⁴⁾
---------------------------------------------------------------------------
24. Parliamentarian's Note: This resolution was in response to capacity
concerns with the Chamber given the demand to attend and
restricted those who would otherwise have access to the floor
under rule IV. See House Rules and Manual Sec. Sec. 677-681
(2017).
---------------------------------------------------------------------------

On July 28, 2015,⁽²⁵⁾ the following resolution was
adopted in preparation of the joint meeting to receive Pope Francis:
---------------------------------------------------------------------------
25. 161 Cong. Rec. H5539 [Daily Ed.], 114th Cong. 1st Sess.

H. Res. 380

Resolved,

. . .

Sec. 8. For purposes of the joint meeting to receive Pope Francis on
September 24, 2015, only the following persons shall be admitted to the
Hall of the House or rooms leading thereto:

(a) Members of Congress and Members-elect.

(b) The Delegates and the Resident Commissioner.

(d) Justices of the Supreme Court.

(e) Elected officers of the House.

(f) The Parliamentarian.

(g) The Architect of the Capitol.

(h) The Librarian of Congress.

(i) The Secretary and Sergeant-at-Arms of the Senate.

(j) Heads of departments.

(k) Other persons as designated by the Speaker.

Committee and Members' Staff

Sec. 5.3 Pursuant to rule XXXII (now clause 2(b) of rule
IV),⁽²⁶⁾ the Speaker is prohibited from entertaining a
unanimous-consent request that additional committee staff be
permitted on the floor.
---------------------------------------------------------------------------
26. House Rules and Manual Sec. 678 (2017). Clause 2(b) of rule IV
prohibits the Speaker from entertaining any unanimous-consent
request or motion to suspend the provisions of clauses 1, 2(a),
3, 4, or 5 of rule IV. However, a resolution offered by the
direction of the Committee on Rules may provide such a waiver.
See Sec. Sec. 1.7, 5.1, supra.
---------------------------------------------------------------------------

On May 23, 1973,⁽²⁷⁾ the following occurred:
---------------------------------------------------------------------------
27. 119 Cong. Rec. 16774, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. [Olin] TEAGUE [of Texas]. Mr. Speaker, the rules provide a
limited number of staff members on the floor when a bill is being
considered. I ask unanimous consent that each subcommittee chairman
be permitted to have a staff member with him on the floor during
consideration of the bill.
The SPEAKER.⁽²⁸⁾ The Chair has no authority to
recognize the gentleman's request, under the rules.
---------------------------------------------------------------------------
28. Carl Albert (OK).
---------------------------------------------------------------------------

Mr. TEAGUE of Texas. Mr. Speaker, I withdraw that request.

Sec. 5.4 The Speaker announced his intention to strictly enforce the
provision in rule XXXII (now rule IV),⁽²⁹⁾ interpreted
to restrict to five the number of committee staff permitted on the
floor at one time during the consideration of measures from their
committees.⁽³⁰⁾
---------------------------------------------------------------------------
29. House Rules and Manual Sec. 677 (2017).
30. Parliamentarian's Note: Speaker Carl Albert of Oklahoma, on June 8,
1972, interpreted the rule to permit only five committee clerks
on the floor at one time. See 118 Cong. Rec. 20318, 92d Cong.
2d Sess.
---------------------------------------------------------------------------

On August 22, 1974,⁽³¹⁾ the following occurred:
---------------------------------------------------------------------------
31. 120 Cong. Rec. 30027, 93d Cong. 2d Sess.; House Rules and Manual
Sec. 677 (2017).
---------------------------------------------------------------------------

STAFF FLOOR PRIVILEGES

(Mr. [Leslie] ARENDS [of Illinois] asked and was given
permission to address the House for 1 minute and to revise and
extend his remarks.)
Mr. ARENDS. Mr. Speaker, rule XXXII of the Rules of the House
of Representatives relates to persons and officials to be admitted
to the Hall of the House during our sessions, and it is a rule with
which all Members should be familiar. The reason we have such a
rule should be obvious to everyone.
During this session, however, I have noticed--as have a number
of our colleagues--the presence of an increasing number of staff
personnel who presumably were not intended under the aforementioned
rule, or committee clerks who are on the floor when there is no
business from their committees under consideration. Some of these
individuals roam the floor at will, occupying space inside the
rail, and adding to the congestion. In my judgment, Mr. Speaker,
this practice should not be permitted.
Likewise, Mr. Speaker, it is my observation that we are
granting far too many staff people floor privileges. No one objects
to essential aides coming to the floor and remaining there only as
long as their official duties require. But there appears to be a
growing tendency for staff aides to linger on the floor merely to
observe the proceedings, or for other purposes. This is clearly not
the intent of rule XXXII and should be discontinued.
We recognize, of course, that committee clerks are entitled to
be on the floor in an advisory capacity to assist chairmen and
ranking minority members during consideration of bills from their
respective committees. Under past practice the majority has usually
had two or three staff members on the floor at one time, and the
minority two. We should continue to observe this practice. On
recent occasions, however, I have counted as many as five staff
members on each side of the aisle.
Let me assure you that my remarks are in no way meant to
reflect unfavorably on the caliber of the staff people in the House
or on our committees. As a group they are extremely competent and
diligent, and we are fortunate to have so many dedicated people
working with us in the Congress.
Perhaps a timely reminder to all concerned is all that is
necessary. In any event, appropriate action should be taken. I am
sure many feel as I do that the House floor should not become a
meeting place for those who are not elected to
office. -------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³²⁾ In connection with what the
distinguished minority whip, the gentleman from Illinois (Mr.
Arends) has just stated, the Chair wishes to make a statement.
---------------------------------------------------------------------------
32. Carl Albert (OK).
---------------------------------------------------------------------------

The Chair is aware of and has noticed the excessive number of
staff members on the floor during consideration of legislation. The
Chair, therefore, requests when the chairman of a committee brings
a matter to the floor of the House, that he limit the number of
staff present on the floor in accordance with the guidelines
heretofore established by the Chair.

Sec. 5.5 The Speaker inserted in the Congressional Record regulations,
promulgated pursuant to authority under rule XXXII (now rule
IV),⁽³³⁾ as amended in the 95th Congress, to govern
admission and conduct on the floor of committee staff, staff of the
Legislative Counsel, and personal staff of a Member with an
amendment under consideration.⁽³⁴⁾
---------------------------------------------------------------------------
33. House Rules and Manual Sec. 677 (2017).
34. For an announcement by the Speaker regarding Members' personal
staff on the floor, see 128 Cong. Rec. 21934, 97th Cong. 2d
Sess. (Aug. 18, 1982).
---------------------------------------------------------------------------

On January 26, 1977,⁽³⁵⁾ the following occurred:
---------------------------------------------------------------------------
35. 123 Cong. Rec. 2333, 95th Cong. 1st Sess.; House Rules and Manual
Sec. Sec. 678, 681 (2017).
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³⁶⁾ Pursuant to rule XXXII, the Chair
will insert at this point in the Record regulations on admittance
of staff to the House floor. I wish to stress that we would
certainly appreciate it if the Members who will be coming on the
floor with staff members will read this rule XXXII concerning
members of staff coming to the floor which the House is inserting
in the Record at this particular time.
---------------------------------------------------------------------------
36. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The regulations are as follows:

A. Committee Staff: While a proposition is pending on the floor of the
House, four professional staff members and one clerical staff member from
the committee which has reported the measure (or from the committee with
subject-matter jurisdiction, as determined by the Speaker, in the case of a
measure which has not been reported from committee) may be present on the
floor--including aisle space behind the railings. In the case of a measure
reported by more than one committee, or in the case of a measure made in
order by a special rule which allocates general debate to another committee
(or which entitles another committee to offer amendments) each such
committee is entitled to the full complement of staff. As required by
clause 4 of rule XXXII, no such staff persons shall engage in efforts on
the floor or in rooms leading thereto to influence Members with regard to
the legislation under consideration. Such committee staff shall remain in
the proximity of the committeetables to advise committees responsible for
their admission and other Members seeking their advice.

B. Legislative Counsel: As permitted by the Legislative Reorganization
Act of 1970, while a proposition is pending on the floor of the House, two
members of the staff of the legislative counsel may be present on the floor
to assist all Members.

C. Members' Personal Staff: While a Member, delegate, or resident
commissioner has an amendment pending on the floor of the House, he may
have one member of his personal staff (clerk-hire staff) with him on the
floor in the proximity of the committee table solely to advise that Member
on the amendment. For the purposes of clause 4, rule XXXII, a Member must
personally obtain a floor pass for his or her staff assistant on the day
that the amendment will be offered. These passes will be available at the
Speaker's desk while the House is in session, and must be signed by the
Member and filled out to indicate the staff assistant's name, the date(s)
the amendment will be under consideration and the bill to which it will be
offered. The Member may then give this pass to the designated staff
assistant, and the pass will also serve as a gallery pass to gallery 1 and
must be presented to the doorman at the east door of the Speaker's lobby
when the amendment is actually under consideration to permit that staff
assistant to be admitted to the floor. For the purposes of the rule, a
Member has an amendment under consideration after he has been recognized to
offer it and until (1) the Chair announces the vote thereon, or (2) the
Chair rules that the amendment is not in order.

Sec. 5.6 The Speaker announced that he had instructed the
Doorkeeper⁽³⁷⁾ and Sergeant-at-Arms to strictly enforce
the provisions of rule XXXII (now rule IV)⁽³⁸⁾ which
specify those persons having the privileges of the floor during
sessions of the House.
---------------------------------------------------------------------------
37. Parliamentarian's Note: The position of Doorkeeper was eliminated
in the 104th Congress. For more on this former officer of the
House, see Deschler's Precedents Ch. 6 Sec. 20 and Precedents
(Wickham) Ch. 6.
38. House Rules and Manual Sec. 678 (2017).
---------------------------------------------------------------------------

On January 19, 1981,⁽³⁹⁾ the following announcement was
made:
---------------------------------------------------------------------------
39. 127 Cong. Rec. 402, 97th Cong. 1st Sess.; House Rules and Manual
Sec. 678 (2017).
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁴⁰⁾ The Chair wishes to make the
following announcement concerning privileges of the floor for House
staff during the 97th Congress.
---------------------------------------------------------------------------
40. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Rule XXII strictly limits those persons to whom the privileges
of the floor during sessions of the House are extended, and that
rule prohibits the Chair from entertaining requests for suspension
or waiver of that rule. As reiterated as recently as August 22,
1974, by Speaker Albert under the principle stated in ``Deschler's
Procedure,'' chapter 4, section 3.4, the rule strictly limits the
number of committee staff permitted on the floor at one time during
the consideration of measures reported from their committees. To
this end, the Chair requests Members and committee staff to
cooperate to assure that not more than the proper number of staff
are on the floor, and then only during the actual consideration of
measures reported from their committees. The Chair would extend
this admonition to all properly admitted majority and minority
staff by suggesting that their presence on the floor, including the
areas behind the rail, be restricted to those periods during which
their supervisors have properly requested their presence. The Chair
has consulted with and has the concurrence of the minority leader
with respect to this policy and has requested the Doorkeeper and
the Sergeant at Arms to assure proper enforcement of the rule.

Sec. 5.7 While rule XXXII (now clause 2(a) of rule IV)⁽⁴¹⁾
has been interpreted⁽⁴²⁾ to allow up to five committee
staff persons to exercise floor privileges floor during
consideration of business from that committee, the Chair further
restricted floor access during the pendency of an omnibus
reconciliation measure to only staff of committees which had
recommended legislative provisions pertaining to a pending
amendment.
---------------------------------------------------------------------------
41. House Rules and Manual Sec. 678 (2017).
42. 118 Cong. Rec. 20318, 98th Cong. 1st Sess. (Jan. 25, 1983).
---------------------------------------------------------------------------

On June 26, 1981,⁽⁴³⁾ during consideration of an omnibus
reconciliation measure (the product of multiple committees), the Chair
announced that staff of committees that were directly affected by a
pending amendment would be permitted to exercise floor privileges, but
that staff of unaffected committees would be temporarily denied access:
---------------------------------------------------------------------------
43. 127 Cong. Rec. 14574, 97th Cong. 1st Sess. For a reiteration by the
Speaker of this policy announcement, see 129 Cong. Rec. 224,
98th Cong. 1st Sess. (Jan. 25, 1983).
---------------------------------------------------------------------------

Mr. [Daniel] GLICKMAN [of Kansas]. Mr. Chairman, a point of
order.
The CHAIRMAN pro tempore.⁽⁴⁴⁾ The gentleman will
state his point of order.
---------------------------------------------------------------------------
44. Abraham Kazen (TX).
---------------------------------------------------------------------------

Mr. GLICKMAN. Mr. Chairman, I do not know what the rules of the
House say, but there are an extraordinary number of staff on the
floor that I think are contributing to the noise level in this
House. I just would point that out to the Chair to perhaps
encourage those who are not supposed to be here to leave.
The CHAIRMAN pro tempore. The Chair is going to insist,
considering the unique nature of the pending bill and amendment,
that only the staff of committees which are directly affected by
the pending amendment should be on the floor. In addition to the
Budget Committee staff, and then only those limited number of staff
persons requested to remain by the chairmen and ranking minority
members of those committees.
The Chair would appreciate the cooperation of the chairmen and
ranking minority members of the committees to see if we can keep
this noise level down and proceed in an orderly fashion with the
consideration of the legislation.

Sec. 5.8 The Speaker announced, pursuant to rule XXXII (now clause 2(a)
of rule IV),⁽⁴⁵⁾ a revised policy regarding committee
staff floor privileges, which required the display of staff badges
on the floor in order to ensure that only the proper number of
committee staff be permitted on the floor and only during
consideration of measures from their committees.
---------------------------------------------------------------------------
45. House Rules and Manual Sec. 678 (2017).
---------------------------------------------------------------------------

On January 21, 1986,⁽⁴⁶⁾ the following announcement was
made:
---------------------------------------------------------------------------
46. 132 Cong. Rec. 5, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁴⁷⁾ The Chair desires to make the
following announcement concerning privileges of the floor for House
staff during the 2d session of the 99th Congress.
---------------------------------------------------------------------------
47. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Rule XXXII strictly limits those persons to whom the privileges
of the floor during sessions of the House are extended, and that
rule prohibits the Chair from entertaining requests for suspension
or waiver of that rule. As reiterated by the Chair on January 25,
1983, and January 3, 1985, and as stated in chapter 4, section 3.4
of Procedure in the House of Representatives, the rule strictly
limits the number of committee staff on the floor at one time
during the consideration of measures reported from their
committees. This permission does not extend to Members' personal
staff except when a Member's amendment is actually pending during
the 5-minute rule. It also does not extend to personal staff of
Members who are sponsors of pending bills or who are engaging in
special orders. The Chair requests the cooperation of all Members
and committee staff to assure that only the proper number of staff
are on the floor, and then only during the consideration of
measures reported from their committees.
The Chair is making this statement and reiterating this policy
because of concerns expressed by many Members about the number of
committee staff on the floor during the last weeks of the first
session.
The Chair will institute the following procedure for the
remainder of the 99th Congress. The Chair requests each chairman,
and each ranking minority member, to submit to the Doorkeeper a
list of staff who are to be allowed on the floor during the
consideration of a measure reported by their committee. Each staff
person should exchange his or her ID for a ``committee staff''
badge which is to be worn while on the floor. The Chair has
consulted with the minority leader and will continue to consult
with him. The Chair has furthermore directed the Doorkeeper and the
Sergeant at Arms to assure proper enforcement of rule XXXII.

Sec. 5.9 Staff members admitted to the floor are prohibited by clause 4
of rule XXXII (now clause 5 of rule IV)⁽⁴⁸⁾ from
engaging in efforts in the House Chamber to influence Members,
including passing out leaflets to Members entering the Chamber
during a vote.
---------------------------------------------------------------------------
48. House Rules and Manual Sec. 681 (2017).
---------------------------------------------------------------------------

On August 1, 1990,⁽⁴⁹⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
49. 136 Cong. Rec. 21519, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Ronald] MARLENEE [of Montana]. Mr. Chairman, I have a
parliamentary inquiry.
The CHAIRMAN.⁽⁵⁰⁾ The gentleman will state it.
---------------------------------------------------------------------------
50. David Bonior (MI).
---------------------------------------------------------------------------

Mr. MARLENEE. Mr. Chairman, it is into the conduct of the staff
on both sides of the aisle that I particularly noted that staff was
involved in passing out literature, in passing out and handing out
leaflets. I would like to know what the proper conduct of the staff
is.
The CHAIRMAN. The gentleman raises a good point. The Chair will
pull from clause 4, rule XXXII on the conduct of staff:

No such person or clerk of a committee so admitted under clause
1 shall engage in efforts in the Hall of the House or rooms leading
thereto to influence Members with regard to the legislation being
amended.

The Chair would ask Members and staff to adhere to this.

Sec. 5.10 Pursuant to clause 4 of rule XXXII (now clause 5 of rule
IV)⁽⁵¹⁾ proscribing staff efforts to influence
legislation on the floor, staff permitted on the floor are to
desist from audible conversations and are not to indicate any
approval or disapproval of the proceedings.
---------------------------------------------------------------------------
51. House Rules and Manual Sec. 681 (2017).
---------------------------------------------------------------------------

On June 14, 1995,⁽⁵²⁾ the following announcement was
made:
---------------------------------------------------------------------------
52. 141 Cong. Rec. 15896-97, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

announcement by the chairman

The CHAIRMAN.⁽⁵³⁾ The Chair takes this opportunity
to remind all staff who now enjoy the privilege of the floor that
they are to desist from audible conversations and are not to
manifest any approval or disapproval of proceedings.
---------------------------------------------------------------------------
53. Norvell Emerson (MO).
---------------------------------------------------------------------------

Joint Sessions and Joint Meetings

Sec. 5.11 The Speaker announced that during the joint meeting for the
swearing in of Rep. Gerald Ford of Michigan as Vice President on
the following day, only certain doors would be open and only
persons with floor privileges would be permitted in the Chamber.

On December 5, 1973,⁽⁵⁴⁾ the following announcement was
made:
---------------------------------------------------------------------------
54. 119 Cong. Rec. 39677, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

The SPEAKER.⁽⁵⁵⁾ The Chair desires to make an
announcement.
---------------------------------------------------------------------------
55. Carl Albert (OK).
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

After consultation with the majority and minority leaders, and
with their consent and approval, the Chair announces that on
tomorrow, December 6, during the joint meeting to be held in
connection with the swearing in of the Vice President, only the
doors immediately opposite the Speaker and those on his left and
right will be open.
No one will be allowed on the floor of the House except those
persons having the privilege of the floor of the House.

Sec. 5.12 The Speaker admonished Members to refrain from occupying
seats in the Chamber reserved for the Senate during a joint session
to receive a message from the President, and announced that no
personal guests would be allowed in the Chamber during the joint
session.

On April 20, 1977,⁽⁵⁶⁾ the following announcement was
made:
---------------------------------------------------------------------------
56. 123 Cong. Rec. 11450, 11480, 11483, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽⁵⁷⁾ The Chair would like to announce at
this time that this evening there will be a joint session. A
certain number of seats will be set aside for the Senate. The
leadership of the House would appreciate it if we would respect
those seats because it has been embarrassing in the past when
Senators have arrived that seats have not been available for them.
---------------------------------------------------------------------------
57. Thomas O'Neill (MA).
---------------------------------------------------------------------------

The Chair would also like to note the fact that there will be
no guests on the floor of the House Chamber this evening. The seats
will be reserved for Members of the House, for the Members of the
Senate, for the diplomatic corps, and for the members of the
Cabinet.

Sec. 5.13 The Speaker has specifically announced that children of
Members⁽⁵⁸⁾ may not attend the joint session to receive
a message from the President on the state of the Union.
---------------------------------------------------------------------------
58. Parliamentarian's Note: This was the first instance where the
Speaker specifically noted that children of Members would not
be permitted to attend the joint session. This prohibition has
been reiterated in subsequent announcements regarding
attendance at joint sessions to receive presidential messages.
See, e.g., 163 Cong. Rec. H1386 [Daily Ed.], 115th Cong. 1st
Sess. (Feb. 28, 2017).
---------------------------------------------------------------------------

On January 23, 1996,⁽⁵⁹⁾ the following occurred:
---------------------------------------------------------------------------
59. 142 Cong. Rec. 1173 104th Cong. 2d Sess. This announcement has now
become standard for joint meetings.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽⁶⁰⁾ The Chair desires to
make an announcement.
---------------------------------------------------------------------------
60. Richard White (WA).
---------------------------------------------------------------------------

After consultation with the majority and minority leaders, and
with their consent and approval, the Chair announces that tonight
when the two Houses meet in joint session to hear an address by the
President of the United States, only the doors immediately opposite
the Speaker and those on his left and right will be open.
No one will be allowed on the floor of the House who does not
have the privilege of the floor of the House.
Due to the large attendance which is anticipated, the Chair
feels that the rule regarding the privilege of the floor must be
strictly adhered to.
Children of Members will not be permitted on the floor, and the
cooperation of all Members is requested.

Sec. 5.14 In preparation for a joint session to receive a message from
the President, the Chair announced that the practice of reserving
seats by placard for the joint session would not be allowed and
that Members could reserve seats only by physical presence
following a security sweep of the Chamber.

On February 12, 2013,⁽⁶¹⁾ the following announcement was
made:
---------------------------------------------------------------------------
61. 159 Cong. Rec. H443-H444 [Daily Ed.], 113th Cong. 1st Sess. See
also Sec. 1.19, supra, and 155 Cong. Rec. 6364, 111th Cong. 1st
Sess. (Mar. 4, 2009).
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore.⁽⁶²⁾ After consultation
among the Speaker and the majority and minority leaders, and with
their consent, the Chair announces that, when the two Houses meet
tonight in joint session to hear an address by the President of the
United States, only the doors immediately opposite the Speaker and
those immediately to his left and right will be open.
---------------------------------------------------------------------------
62. Randy Hultgren (IL).
---------------------------------------------------------------------------

No one will be allowed on the floor of the House who does not
have the privilege of the floor of the House. Due to the large
attendance that is anticipated, the rule regarding the privilege of
the floor must be strictly enforced. Children of Members will not
be permitted on the floor. The cooperation of all Members is
requested.
The practice of purporting to reserve seats prior to the joint
session by placement of placards or personal items will not be
allowed. Chamber Security may remove these items from the seats.
Members may reserve their seats only by physical presence following
the security sweep of the Chamber.
Pursuant to clause 12(a) of rule I, the Chair declares the
House in recess until approximately 8:35 p.m. for the purpose of
receiving in joint session the President of the United States.
Accordingly (at 2 o'clock and 41 minutes p.m.), the House stood
in recess.

Senators

Sec. 5.15 Instance where the Speaker acknowledged the presence on the
floor of a Senator from the state of a Member-elect being
administered the oath of office.

On July 9, 1981,⁽⁶³⁾ the following occurred:
---------------------------------------------------------------------------
63. 127 Cong. Rec. 15215, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

SWEARING IN OF THE HONORABLE WAYNE DOWDY OF MISSISSIPPI AS A
MEMBER OF THE HOUSE

The SPEAKER.⁽⁶⁴⁾ Will the Member-elect kindly
present himself in the well of the House and take the oath of
office? The Member-elect will be escorted by the dean of the
Mississippi delegation and of the House, the Members from the State
of Mississippi, and our honored guest, the Senator from the State
of Mississippi, Senator Stennis.
---------------------------------------------------------------------------
64. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Mr. [Charles] DOWDY [of Mississippi] appeared before the bar of
the House and took the oath of office.

Sec. 5.16 Instance where the Chair noted the presence of two Senators
from Mississippi in the House Chamber on the occasion of Rep. Jamie
Whitten's 50th anniversary in Congress, and advised that they would
not have the privilege of speaking.

On November 5, 1991,⁽⁶⁵⁾ the following occurred:
---------------------------------------------------------------------------
65. 137 Cong. Rec. 30010-11, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

TODAY JAMIE WHITTEN MARKS HIS 50TH ANNIVERSARY OF SERVICE IN
THIS CHAMBER

(Mr. [Sonny] MONTGOMERY [of Mississippi]) asked and was given
permission to address the House for 1 minute and to revise and
extend his remarks.)
Mr. MONTGOMERY. Mr. Speaker, I rise to pay tribute to the dean
of the House of Representatives and the dean of the Mississippi
delegation. Congressman Jamie Whitten today, November 5, 1991,
marks his 50th anniversary of service in this Chamber.
Congratulations, Mr. Whitten, for what you have done. . .
. -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore (Mr. [Sonny] Montgomery [of
Mississippi]). Before recognizing the gentleman from Mississippi
[Mr. Taylor], the Chair would like to thank the other Members on
both sides of the aisle for letting the Chair recognize Members
from Mississippi, and after the gentleman from Kentucky [Mr.
Natcher] has made his remarks, the Chair will then be going from
one side of the aisle to the other side of the aisle.
The Chair recognizes the gentleman from Mississippi [Mr.
Taylor]. . . . -------------------

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Before recognizing the gentleman from
Kentucky [Mr. Natcher], the Chair would like to say that there are
two Members from the other body. They will not have the privilege
of speaking, but they are certainly welcome here, and they are from
Mississippi.
The Chair recognizes the gentleman from Kentucky [Mr. Natcher].

Sec. 6. Former Members' Floor Privileges

Since the early 19th century, former Members of the House have been
granted the privilege of admission to the Hall of the
House.⁽¹⁾ The 1867 form of the rule specified that such
former Members (then termed ``ex-Members'') should not be ``interested
in any claim pending before Congress''⁽²⁾_indicating a
concern that former Members would lobby their erstwhile colleagues on
the floor regarding legislation in which they had a personal or
pecuniary interest. In 1945, the Chair held that former Members do not
have the privilege of the floor when they are either personally
interested in pending legislation or are in the employ of an
organization with such an interest.⁽³⁾
---------------------------------------------------------------------------
1. Parliamentarian's Note: Former Members were first given floor
privileges in the second session of the Tenth Congress. 19
Annals of Cong. 1432 (Feb. 11, 1809). Such privileges were
revoked in 1857, but reinstated in 1867. See 5 Hinds'
Precedents Sec. 7284. For the ceremonial event of Former
Members' Day (typically conducted in the House Chamber), see
Deschler's Precedents Ch. 36 Sec. 17.
2. 38 Cong. Globe 119, 40th Cong. 1st Sess. (Mar. 15, 1867).
3. 91 Cong. Rec. 9251, 79th Cong. 1st Sess. (Oct. 2, 1945). See also
Deschler's Precedents Ch. 4 Sec. 4.7.
---------------------------------------------------------------------------

In the 1970s, the rule regarding former Members' access to the
floor was expanded to specify the conditions by which former Members
may be admitted to the Hall of the House. In 1976, language was
included to formally exclude from the floor former Members who were in
the employ of (or were representing) parties or organizations with an
interest in legislation before the House.⁽⁴⁾ Additional
language clarified that such legislation may be pending on the floor,
reported by committee, or under consideration by any committee or
subcommittee. The rule authorized the Speaker to promulgate regulations
to enforce the prohibitions contained therein, and the Speaker has made
announcements as to how the rule was to be enforced.⁽⁵⁾
---------------------------------------------------------------------------
4. See Sec. 6.1, infra.
5. See Sec. Sec. 6.2-6.4, infra. For similar reiterations of this
policy, see 141 Cong. Rec. 14300, 104th Cong. 1st Sess. (May
24, 1995) and 142 Cong. Rec. 21031, 104th Cong. 2d Sess. (Aug.
1, 1996).
---------------------------------------------------------------------------

In 2006, the modern form of the rule was adopted.⁽⁶⁾
Clause 4 of rule IV⁽⁷⁾ was amended to bar from the floor
former Members who: (1) are registered lobbyists or agents of a foreign
principal; (2) have a personal or pecuniary interest in legislation
pending before the House or reported by a committee; or (3) are
employed by or are representing any party or organization ``for the
purpose of influencing, directly or indirectly, the passage, defeat, or
amendment of any legislative proposal.''⁽⁸⁾ The Speaker was
also authorized, by clause 4(b), to exempt ceremonial or educational
functions from the restrictions of the rule.⁽⁹⁾
---------------------------------------------------------------------------
6. See Sec. 6.7, infra.
7. House Rules and Manual Sec. 680 (2017).
8. Parliamentarian's Note: These prohibitions apply not only to former
Members, but also former Parliamentarians of the House, former
elected officers, and former minority employees nominated as
elected officers of the House. House Rules and Manual Sec. 680
(2017).
9. House Rules and Manual Sec. 680 (2017). For an example of a special
order of business resolution excluding former Members from a
joint meeting for the address of Pope Francis, see Sec. 5.2,
supra.
---------------------------------------------------------------------------

The Chair has responded to parliamentary inquiries regarding the
content of rule IV as it applies to former Members.⁽¹⁰⁾ A
resolution proposing to bar a former Member from exercising floor
privileges has been raised as a question of the privileges of the
House.⁽¹¹⁾ Members have been reminded to address their
remarks to the Chair and not to former Members who may be on the floor
exercising floor privileges.⁽¹²⁾
---------------------------------------------------------------------------
10. See Sec. 6.8, infra.
11. See Sec. 6.6, infra. For more on questions of privilege generally,
see Deschler's Precedents Ch. 11 and Precedents (Wickham) Ch.
11.
12. See Sec. 6.9, infra.
---------------------------------------------------------------------------

Sec. 6.1 The House adopted a privileged resolution reported from
Committee on Rules amending the standing rules of the House to
permit former Members, officers and certain former employees access
to the floor of the House during its sessions (under regulations
promulgated by the Speaker) only if: (1) they do not have a direct
personal or pecuniary interest in a measure pending before the
House or reported by a committee; and (2) they are not lobbying for
or against any measure pending before the House, reported from
committee, or under consideration in any committee or
subcommittee.⁽¹³⁾
---------------------------------------------------------------------------
13. For the modern form of the rule, see rule IV, clause 4, House Rules
and Manual Sec. 680 (2017).
---------------------------------------------------------------------------

On October 1, 1976,⁽¹⁴⁾ the following occurred:
---------------------------------------------------------------------------
14. 122 Cong. Rec. 35175-80, 94th Cong. 2d Sess.; House Rules and
Manual Sec. Sec. 678, 680 (2017).
---------------------------------------------------------------------------

AMENDING RULE XXXII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES TO SPECIFY CONDITIONS FOR THE ADMISSION OF EX-
MEMBERS AND CERTAIN OTHER PERSONS TO THE HALL OF THE HOUSE AND
ROOMS LEADING THERETO

Mr. [Richard] BOLLING [of Missouri]. Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 1435 and ask
for its immediate consideration.
The Clerk read the resolution as follows:

H. Res. 1435

Resolved, That rule XXXII of the Rules of the House of Representatives is
amended in the following way:

Rule XXXII, clause 1, is amended by striking the work ``ex-Members'' as
it first appears, through the word ``consideration'', and substituting in
lieu thereof the following ``the Parliamentarian, elected officers, and
elected minority employees of the House (other than Members), clerks of
committees when business from their committee is under consideration: and
ex-Members of the House of Representatives, former Parliamentarians of the
House, and former elected minority employees of the House, subject to the
provisions of clause 3 of this rule''

``3. Ex-Members of the House of Representatives, former Parliamentarians
of the House, and former elected officers and former elected minority
employees of the House, shall be entitled to the privilege of admission to
the Hall of the House and rooms leading thereto on making declaration, on
honor, in a register to be kept for that purpose, that they do not have any
direct personal or pecuniary interest in any legislative measure coming up
for consideration in the House, or that they are not in the employ of, or
do not represent, any party or organization for the purpose of influencing,
directly or indirectly, the passage, defeat or amendment of any legislative
measure before the House or any of its committees. The Doorkeeper shall be
held responsible to the House for the execution of this rule.''.

With the following committee amendment:

Strike all after the ``Resolved'' clause, and insert in lieu thereof the
following:

That Rule XXXII of the Rules of the House of Representatives is amended
in the following way:

Rule XXXII, clause 1, is amended by striking the work ``ex-Members'' as
it first appears, through the word ``consideration'', and substituting in
lieu thereof the following ``the Parliamentarian, elected officers and
elected minority employees of the House (other than Members), clerks of
committees when business from their committee is under consideration; and
ex-Members of the House of Representatives, former Parliamentarians of the
House, and former elected officers and form elected minority employees of
the House, subject to the provisions of clause 3 of this rule''.

Rule XXXII is further amended by adding the following new clause:

``3. Ex-Members of the House of Representatives, former Parliamentarians
of the House, and former elected officers and former elected minority
employees of the House, shall be entitled to the privilege of admission to
the Hall of the House and rooms leading thereto only if they do not have
any direct personal or pecuniary interest in any legislative measure
pending before the House or reported by any committee of the House and only
if they are not in the employ of, or do not represent, any party or
organization for the purpose of influencing, directly or indirectly, the
passage, defeat or amendment of any legislative measure pending before the
House, reported by any committee of the House or under consideration in any
of its committees or subcommittees. The Speaker shall promulgate such
regulations as may be necessary to implement the provisions of this rule
and to ensure its enforcement.''

The SPEAKER.⁽¹⁵⁾ The gentleman from Missouri (Mr.
Bolling) is recognized for 1 hour. . . .
---------------------------------------------------------------------------
15. Carl Albert (OK).
---------------------------------------------------------------------------

Mr. BOLLING. Mr. Speaker, I move the previous question on the
amendment and on the resolution.
The previous question was ordered.
The amendment was agreed to.
The resolution was agreed to.
The motion to reconsider was laid on the table.

Sec. 6.2 The Speaker announced the promulgation of regulations pursuant
to clause 3 of rule XXXII (now clause 4 of rule IV),⁽¹⁶⁾
governing floor privileges of former Members and former officers of
the House.
---------------------------------------------------------------------------
16. House Rules and Manual Sec. 680 (2017).
---------------------------------------------------------------------------

On January 6, 1977,⁽¹⁷⁾ the following occurred:
---------------------------------------------------------------------------
17. 123 Cong. Rec. 321, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

FLOOR PRIVILEGES OF FORMER MEMBERS AND OFFICERS OF THE HOUSE OF
REPRESENTATIVES

The SPEAKER.⁽¹⁸⁾ The Chair will insert at this point
in the Record a statement covering the floor privileges of former
Members and officers of the House of Representatives, in order that
former Members and officers of the House of Representatives will be
aware of the floor privileges accorded to them:
---------------------------------------------------------------------------
18. Thomas O'Neill (MA).
---------------------------------------------------------------------------

Floor Privileges of Former Members and Officers of the House of
Representatives

1. Former Members and Officers of the House shall be entitled
to the privilege of admission to the floor of the House only if
they do not have a direct personal or pecuniary interest, as
determined by the Speaker, in any legislative measure pending
before the House or reported by any committee of the House and only
if they are not in the employ of, or do not represent, as
determined by the Speaker, any party or organization for the
purpose of influencing, directly or indirectly, the passage,
defeat, or amendment of any legislative measure pending before the
House, reported by anycommittee of the House or under consideration
in any of its committees or subcommittees.
2. Former Members and Officers of the House shall enter the
Chamber through the Lobby Doors and shall furnish adequate
identification to the doormen. Each former Member and Officer shall
be furnished with a copy of these regulations, and with a copy of
the proposed House schedule for that day. It is the responsibility
of the former Member or Officer to personally ascertain that there
is no measure pending in a committee or subcommittee that would
prevent his access to the floor under this rule.
3. For the purposes of clause 3 of rule XXXII, legislative
measures under consideration in committees and subcommittees shall
be those bills and resolutions which either (1) have been called up
for consideration in a proper meeting of the full committee or of a
subcommittee thereof, or (2) havebeen the subject of a proper
hearing of the full committee or of a subcommittee thereof,
whichever first occurs. A measure shall not be deemed under
consideration if the committee or subcommittee has finally disposed
of the bill or resolution adversely.
4. The provisions of (a) above shall not apply to former
Members who are entitled to the privilege of the floor in another
capacity under Rule XXXII.

Sec. 6.3 A former Member is not entitled to the privilege of the floor
under rule XXXII (now clause 4 of rule IV),⁽¹⁹⁾ if such
former Member: (1) has a direct personal or pecuniary interest in
legislation under consideration in the House or reported by any
committee; or (2) represents any party or organization for the
purpose of influencing the disposition of legislation pending
before the House, reported by any committee, or under consideration
in any committee or subcommittee.⁽²⁰⁾
---------------------------------------------------------------------------
19. House Rules and Manual Sec. 680 (2017).
20. Parliamentarian's Note: The 2006 revision to the rule (now clause 4
of rule IV), does not include the language ``under
consideration in any of its committees or subcommittees'' as it
was stated in this 1978 reading of the rule by the Chair. See
Sec. 6.7, infra.
---------------------------------------------------------------------------

On June 7, 1978,⁽²¹⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
21. 124 Cong. Rec. 16624-25, 95th Cong. 2d Sess.; House Rules and
Manual Sec. 681 (2017).
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Robert] BAUMAN [of Maryland]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [John] BRADEMAS [of Indiana]). The
gentleman will state his parliamentary inquiry.
Mr. BAUMAN. Mr. Speaker, do not the rules of the House require
that any former Members with a direct interest in the legislation
pending before the House or any committees or subcommittees thereof
absent themselves completely from the floor of the House?
The SPEAKER pro tempore. The Chair will read the rule from the
House Rules and Manual, at page 658. Clause 3, rule XXXII reads as
follows:
Ex-Members of the House of Representatives, former
Parliamentarians of the House, and former elected officers and
former elected minority employees of the House, shall be entitled
to the privilege of admission to the Hall of the House and rooms
leading thereto only if they don't have any direct personal or
pecuniary interest in any legislative measure pending before the
House or reported by any committee of the House and only if they
are not in the employ of, or do not represent, any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat or amendment of any legislative
measure pending before the House, reported by any committee of the
House or under consideration in any of its committees or
subcommittees.
The Chair therefore responds to the gentleman's inquiry in the
affirmative.
Mr. BAUMAN. I thank the Speaker, and I assume that the Chair
will enforce the rule.

parliamentary inquiry

Mr. CHARLES WILSON of Texas. Mr. Speaker, a parliamentary
inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. CHARLES WILSON of Texas. Mr. Speaker, would it be the
opinion of the Chair that that restriction would apply only to the
time that the legislation that the former Member might be
interested in was before the House?
The SPEAKER pro tempore. The rule reads, ``or reported by any
committee of the House or under consideration in any of its
committees or subcommittees.''
Mr. CHARLES WILSON of Texas. I thank the Chair.

parliamentary inquiry

Mr. DICKS. Mr. Speaker, a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. [Norman] DICKS [of Washington]. Mr. Speaker, I would ask
the question, when it says, ``personal or pecuniary interest,''
does that not mean directly in an individual sense, and not in an
official government capacity? Many people have an interest in the
defense bill or the HEW bill in an official capacity. This says,
``personal or pecuniary,'' and I would suggest--thinking that I
know who the gentleman is talking about--that he has no direct
personal or pecuniary interest in an individual sense.
The SPEAKER pro tempore. The Chair would respond to the
gentleman from Washington by saying that there are two parts of the
rule. The part to which the gentleman from Washington has just
referred quite accurately runs to the matter of direct personal or
pecuniary interest, while the second part of the rules runs to the
question of whether or not the ex-Member is in the employ of or
represents any party or organization for the purpose of influencing
the passage, defeat, or amendment of any legislative measure
pending before the House, or reported by any committee of the
House, or under consideration in a committee or subcommittee.
Mr. DICKS. So it is to that part that the Chair refers?
The SPEAKER pro tempore. The gentleman is correct.

Sec. 6.4 Announcement by the Speaker reiterating the prohibition of
clause 3 of rule XXXII (now clause 4 of rule IV)⁽²²⁾
against former Members obtaining floor privileges during the
pendency of a matter in which they have a personal or pecuniary
interest, emphasizing that the test for the whether the rule is
being violated is the former Member's status as one with a personal
or pecuniary interest rather than an intent to lobby.
---------------------------------------------------------------------------
22. House Rules and Manual Sec. 680 (2017).
---------------------------------------------------------------------------

On June 9, 1994,⁽²³⁾ the Speaker reiterated regulations
established pursuant to clause 3 of rule XXXII (now clause 4 of rule
IV) and previously announced on January 6, 1977,⁽²⁴⁾ and
June 7, 1978,⁽²⁵⁾ restricting the floor privileges of former
Members in certain circumstances:
---------------------------------------------------------------------------
23. 140 Cong. Rec. 12387, 103d Cong. 2d Sess. For two similar
reiterations of this policy, see 141 Cong. Rec. 14300, 104th
Cong. 1st Sess. (May 24, 1995) and 142 Cong. Rec. 21031, 104th
Cong. 2d Sess. (Aug. 1, 1996).
24. See Sec. 6.2, supra.
25. See Sec. 6.3, supra.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽²⁶⁾ The Chair desires to make an
announcement:
---------------------------------------------------------------------------
26. Thomas Foley (WA).
---------------------------------------------------------------------------

Former Members are reminded that they are entitled to the
privilege of admission to the floor of the House only if they do
not have a direct personal or pecuniary interest, as determined by
the Speaker, in any legislative measure pending before the House or
reported by any committee of the House and only if they are not in
the employ of, or do not represent, as determined by the Speaker,
any party or organization for the purpose of influencing, directly
or indirectly, the passage, defeat, or amendment of any legislative
measure pending before the House--meaning those measures which
either have been called up for consideration in a proper meeting of
a full or subcommittee or have been the subject of a proper hearing
of the full or subcommittee, whichever first occurs. A measure
which has been finally disposed of adversely in committee or
subcommittee is no longer considered under active consideration in
committee.
The Chair is taking this opportunity to reiterate the
guidelines first announced by Speaker O'Neill under clause 3, rule
XXXII on January 6, 1977, and again on June 7, 1978, in order to
discourage former Members from attempting to exercise their limited
floor privileges when they find themselves under this restriction.
Since the Chair cannot waive the restrictions of this rule, even by
unanimous consent, former Members should not importune the
doorkeepers to do so. Former Members should be aware that it is
their status as one with a personal or pecuniary interest or as one
in a lobbying position, and not their intent or lack thereof to
influence legislation when going on the floor, that is the basis
for the restriction in the rule.

Sec. 6.5 In response to a parliamentary inquiry, the Chair advised that
former Members have the privileges of the floor and the rooms
leading thereto under clause 1 of rule XXXII (now clause 2(a) of
rule IV),⁽²⁷⁾ subject to the restrictions in clause 3 of
rule XXXII (now clause 4 of rule IV)⁽²⁸⁾ pertaining to
personal or representational interests.⁽²⁹⁾
---------------------------------------------------------------------------
27. House Rules and Manual Sec. 678 (2017).
28. House Rules and Manual Sec. 688 (2017).
29. Parliamentarian's Note: Former Rep. Robert Dornan of California, a
contestant in a contested election case pending before a task
force of the Committee on House Oversight, was on the House
floor. While certain Members felt that this was a disqualifying
interest under former clause 3 of rule XXXII, the rule has
never been interpreted to prohibit contestants in election
cases from exercising floor privileges. See also Sec. 6.6,
infra.
---------------------------------------------------------------------------

On September 17, 1997,⁽³⁰⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
30. 143 Cong. Rec. 19026, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

PARLIAMENTARY INQUIRY

Mr. [Robert] MENENDEZ [of New Jersey]. Mr. Speaker,
parliamentary inquiry.
The SPEAKER pro tempore (Mr. [Ken] Calvert [of California]).
The gentleman will state his inquiry.
Mr. MENENDEZ. Mr. Speaker, I have a parliamentary inquiry that
goes to the integrity of the House.
My question is, Could the Speaker advise the House of that
provision of the rules which prohibits former Members of the House
from coming onto the House floor and lobbying when they have a
direct personal or pecuniary interest in a matter pending before
the House?
The SPEAKER pro tempore. Pursuant to clause 1 of rule XXXII,
former Members have the privileges of the floor or rooms leading
thereto subject to the provisions of clause 3 of that rule.
Mr. MENENDEZ. And that is the controlling provision as it
relates to former Members not lobbying in the House in that
respect, Mr. Speaker?
The SPEAKER pro tempore. The gentleman is correct.

Sec. 6.6 A resolution alleging that a named former Member had breached
proper decorum on the floor of the House, and resolving that the
Sergeant-at-Arms be instructed to bar the former Member from the
Chamber and rooms leading thereto until the resolution of a
contested election to which he was party, gives rise to a question
of the privileges of the House.

On September 18, 1997,⁽³¹⁾ the House adopted a
resolution raised as a question of the privileges of the House
(following the defeat of a motion to lay said resolution on the table):
---------------------------------------------------------------------------
31. 143 Cong. Rec. 19340-45, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

PRIVILEGES OF THE HOUSE--RESTRICTING FLOOR PRIVILEGES OF FORMER
REPRESENTATIVE ROBERT DORNAN PENDING RESOLUTION OF ELECTION
CONTEST IN 46TH DISTRICT OF CALIFORNIA

Mr. [Robert] MENENDEZ [of New Jersey]. Pursuant to clause 2 of
rule IX and by agreement with the majority leader, Mr. Armey, I
hereby give notice of my intention to offer a privileged
resolution.
The form of the resolution is as follows:

House Resolution 233

Whereas the privilege of admission to the Hall of the House or rooms
leading thereto is subject to the requirements of proper decorum;

Whereas concern has arisen that the privilege of admission to the Hall of
the House or rooms leading thereto has become the subject of abuse;

Whereas Representative Menendez of New Jersey has given notice pursuant
to clause 2 of rule IX of his intention to offer a question of the
privileges of the House addressing that concern;

Whereas these circumstances warrant an immediate affirmation by the House
of its unequivocal commitment to the principle that every person who
exercises the privilege of admission to the Hall of the House or rooms
leading thereto assumes a concomitant responsibility to comport himself in
a manner that properly dignifies the proceedings of the House; Therefore be
it

Resolved, That the Sergeant-at-Arms is instructed to remove former
Representative Robert Dornan from the Hall of the House and rooms leading
thereto and to prevent him from returning to the Hall of the House and
rooms leading thereto until the election contest concerning the forty-sixth
district of California is resolved.

The SPEAKER.⁽³²⁾ Pursuant to rule IX, the Chair
determines that this is the appropriate time to call up the
resolution.
---------------------------------------------------------------------------
32. Newt Gingrich (GA).
---------------------------------------------------------------------------

Mr. MENENDEZ. Mr. Speaker, I offer a resolution raising a
question of the privileges of the House.
The SPEAKER. The Clerk will report the resolution.
The Clerk read the resolution.
The SPEAKER. In the opinion of the Chair, the resolution
constitutes a question of the privileges of the House.

preferential motion offered by mr. stearns

Mr. [Clifford] STEARNS [of Florida]. Mr. Speaker, I have a
preferential motion at the desk.
The SPEAKER. The Clerk will report the preferential motion.
The Clerk read as follows:

Mr. Stearns moves to lay the resolution offered by Mr. Menendez
on the table.

The SPEAKER. The question is on the motion to table offered by
the gentleman from Florida [Mr. Stearns].
The question was taken; and the Speaker announced that the noes
appeared to have it.

recorded vote

Mr. STEARNS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
86, noes 291, answered ``present'' 3, not voting 53, as follows:

[Roll No. 414] . . .

So the motion to table was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER. The gentleman from New Jersey [Mr. Menendez] is
recognized for 30 minutes.
Mr. MENENDEZ. Mr. Speaker, I ask unanimous consent that debate
on this resolution be limited to 20 minutes equally divided and
controlled by myself and the gentleman from New York [Mr. Solomon]
for the purposes of debate only.
The SPEAKER. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
Mr. MENENDEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me first thank all of my colleagues on both
sides of the aisle who did not permit the motion to table to take
place, to pass, so that we could have this opportunity. Failure to
do so would have not allowed a Member to be able to pursue the only
vehicle that a Member of this body has to enforce the decorum of
the House. I want to ask for Members' further support of this
resolution so that we make clear for ourselves and to the American
people watching us that profanities, insults, and name-calling are
not under any circumstance or for any reason accepted in this House
or inside this Chamber ever.

Working with the Republican leadership, I changed the
resolution I originally introduced in order to depersonalize the
language, because when the rules of the House are broken, it is not
just personal, it affects the whole institution.
Yesterday, nothing less than the integrity of the House was
undermined by former Congressman Dornan. In the course of
representing my constituents, exercising my rights as an elected
representative of the people and a Member of this House to debate
on the House floor, and asking a valid parliamentary inquiry that
did not name any individual by name, Mr. Dornan verbally assaulted
me. He used profane language, accused me of religious bigotry,
called my integrity into question, and, by the tone of his voice
and the context of his remarks, clearly attempted to lure me off
the floor into a physical altercation.
By doing so, Mr. Dornan abused his privileges as a former
Member of the House of Representatives and conducted himself on the
floor in a manner which brings discredit to the House.
Now, earlier today some of my colleagues called the event
alleged, implying the facts of the case are in doubt. But I would
remind my colleagues that there were several witnesses, and many of
you have come over on the Republican side of the aisle to tell me
that you not only saw, but heard what I have said. And those
included on my side of the aisle the gentlewoman from Connecticut
[Ms. DeLauro] and the gentleman from Colorado [Mr. Skaggs], among
others.
Even beyond that, the Los Angeles Times reported today that Mr.
Dornan admitted to using a profane term, called me an anti-Catholic
and a coward, and that conduct alone, to which Mr. Dornan has
publicly admitted, publicly admitted, is enough to constitute a
gross violation of the House rules. So the event in question, my
colleagues, is not alleged, it is publicly admitted to by Mr.
Dornan himself. . . .

parliamentary inquiry

Mr. [Gerald] SOLOMON [of New York]. Mr. Speaker, if I might not
use any more of my time, because I have other Members that want to
be heard, but propound a question to the Chair: Is it the Chair's
understanding that should a resolution be brought to this floor,
where there would be a contested election on the floor of this
body, that this individual, this American citizen, then would be
allowed to be on the floor to argue his case?
The SPEAKER. The Chair may have the option at that time of
relying on the legislative history of the debate as it is
occurring. The gentleman who offered the privileged resolution has
explained in the Record his interpretation of that resolution, that
it would not block a contestant in that contest from being on the
floor during pendency of a resolution on that day in an appropriate
manner. Therefore, the Chair will certainly take it under
advisement at that time and believes it is helpful.
Mr. SOLOMON. I thank the Speaker.
Mr. [Steny] HOYER [of Maryland]. Mr. Speaker, will the
gentleman yield?
Mr. SOLOMON. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Speaker, I was going to say something, but I
think the Speaker has clarified the interpretation the Chair will
make. I will say in terms of a record, though I have not had the
opportunity of conferring with the gentleman from Connecticut [Mr.
Gejdenson] and I have conferred with the gentleman from New Jersey
[Mr. Menendez], it was clearly not the intent of the resolution, as
I understand from Mr. Menendez, to obviate any contestant's right
to appear on the floor at the time the contest is considered. We
agree with the chairman of the Committee on Rules in that regard. .
. .
The SPEAKER. Without objection, the previous question is
ordered on the resolution.
There was no objection.
The SPEAKER pro tempore. The question is on the adoption of the
resolution.
The question was taken; and the Speaker announced that the ayes
appeared to have it.

recorded vote

Mr. MENENDEZ. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
289, noes 65, answered ``present'' 7, not voting 72, as follows:

[Roll No. 415] . . .

So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

Sec. 6.7 The House suspended the rules and adopted a resolution: (1)
amending clause 4 of rule IV⁽³³⁾ to remove floor
privileges for former Members, officers, and minority employees who
are registered lobbyists or agents of foreign principals; have any
direct personal or pecuniary interest in any legislative measure
pending before the House or reported by a committee; or are in the
employ of or represent any party or organization for the purpose of
influencing, directly or indirectly, the passage, defeat, or
amendment of any legislative proposal; (2) authorizing the Speaker
to promulgate regulations specifically to exempt ceremonial or
educational functions from the restrictions of clause 4; and (3)
ordering that former Members and officers, and their spouses, who
are registered lobbyists or agents of foreign principals, be denied
access to exclusive House exercise facilities (and that the
Committee on House Administration promulgate regulations to carry
out such order).
---------------------------------------------------------------------------
33. House Rules and Manual Sec. 680 (2017).
---------------------------------------------------------------------------

On February 1, 2006,⁽³⁴⁾, in response to multiple
parliamentary inquiries concerning the rule on floor privileges pending
the consideration of a resolution proposing changes thereto, the Chair
advised that the instant proceedings constituted ``personal interest''
for purposes of according floor access to former Members, and the Chair
further clarified the definition of the ``Hall of the House and rooms
leading thereto'' used in the rule:⁽³⁵⁾
---------------------------------------------------------------------------
34. 152 Cong. Rec. 540, 541, 548, 549, 580, 581, 109th Cong. 2d Sess.
35. Parliamentarian's Note: This resolution established plainer
proscriptions with respect to registered lobbyists, agents of
foreign principals, and persons with similar representational
roles. Thus, the rule applied to those employed as lobbyists
whether or not any particular legislation was pending at any
particular stage. The prohibitions of section 2 of this
resolution have been included in the opening day rules package
of subsequent Congresses.
---------------------------------------------------------------------------

ELIMINATING FLOOR PRIVILEGES OF FORMER MEMBERS AND OFFICERS

Mr. [David] DREIER [of California]. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H.Res. 648) to
eliminate floor privileges and access to Member exercise facilities
for registered lobbyists who are former Members or officers of the
House.
The Clerk read as follows:

H. Res. 648

Resolved,

SECTION 1. FLOOR PRIVILEGES OF FORMER MEMBERS AND OFFICERS.

Clause 4 of rule IV of the Rules of the House of Representatives is
amended to read as follows:

``4. (a) A former Member, Delegate, or Resident Commissioner; a former
Parliamentarian of the House; or a former elected officer of the House or
former minority employee nominated as an elected officer of the House shall
not be entitled to the privilege of admission to the Hall of the House and
rooms leading thereto if he or she--

``(1) is a registered lobbyist or agent of a foreign principal as those
terms are defined in clause 5 of rule XXV;

``(2) has any direct personal or pecuniary interest in any legislative
measure pending before the House or reported by a committee; or

``(3) is in the employ of or represents any party or organization for the
purpose of influencing, directly or indirectly, the passage, defeat, or
amendment of any legislative proposal.

``(b) The Speaker may promulgate regulations that exempt ceremonial or
educational functions from the restrictions of this clause.''.

SEC. 2. PROHIBITING ACCESS TO MEMBER EXERCISE FACILITIES FOR LOBBYISTS WHO
ARE FORMER MEMBERS OR OFFICERS.

(a) In General.--The House of Representatives may not provide access to
any exercise facility which is made available exclusively to Members and
former Members, officers and former officers of the House of
Representatives, and their spouses to any former Member, former officer, or
spouse who is a lobbyist registered under the Lobbying Disclosure Act of
1995 or any successor statute or agent of a foreign principal as defined in
clause 5 of rule XXV. For purposes of this section, the term ``Member of
the House of Representatives'' includes a Delegate or Resident Commissioner
to the Congress.

(b) Regulations.--The Committee on House Administration shall promulgate
regulations to carry out this section.

The SPEAKER pro tempore.⁽³⁶⁾ Pursuant to the rule,
the gentleman from California (Mr. Dreier) and the gentlewoman from
New York (Ms. Slaughter) each will control 20 minutes.
---------------------------------------------------------------------------
36. Ray H. LaHood (IL).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from California.

parliamentary inquiry

Mr. [Victor] SNYDER [of Arkansas]. Mr. Speaker, a parliamentary
inquiry, if I might. Because of the State of the Union last night,
and we always have the tradition of lots of former Members, I have
two or three parliamentary inquiries that I would like to ask about
the rules of the House governing this debate today.
Under rule IV, clause 4, if I might read it, because I think
most Members may not have looked at this in a while: ``former
Members, Delegates and Resident Commissioners; former
Parliamentarians of the House; and former elected officers and
minority employees nominated and elected as officers of the House
shall be entitled to the privileges of admission to the Hall of the
House and rooms leading thereto only if,
``(1) they do not have any direct personal or pecuniary
interest in any legislative measure pending before the House or
reported by a committee; and,
``(2) they are not in the employ of or do not represent any
party or organization for the purpose of influencing, directly or
indirectly, the passage, defeat or amendment of any legislative
measure pending before the House reported by a committee or under
consideration in any of its committees or subcommittees.''
In Mr. Dreier's proposal today, it specifically includes all
registered lobbyists, any former Members that are registered.
The SPEAKER pro tempore. What is the gentleman's inquiry?
Mr. SNYDER. My inquiry is this: Under the current rules that we
are operating under today, do the rules prohibit any registered
lobbyist who is a former Member from being on the floor of the
House today or in the rooms adjoining thereto?
The SPEAKER pro tempore. Under certain circumstances, yes.
Does the gentleman have another inquiry?
Mr. SNYDER. Mr. Speaker, I would like a further amplification
on that. Clearly, a registered lobbyist, since Mr. Dreier's
legislation specifically refers to registered lobbyists, who are
former Members, have a direct personal interest in this legislation
pending today. I am not sure how that application, perhaps I have
not been clear in my question, how a registered lobbyist who is a
former Member could be on the House floor today when Mr. Dreier's
legislation specifically involves registered lobbyists who are
former Members.
The SPEAKER pro tempore. What is the gentleman's inquiry?
Mr. SNYDER. My inquiry is: Are those Members, former Members,
who are registered lobbyists, are they not under current rules
prohibited from being on the floor today because they would have,
obviously, a personal interest in this, the intent of Mr. Dreier's
bill?
The SPEAKER pro tempore. Would the gentleman restate his
question.
Mr. SNYDER. Mr. Speaker, my question is: If a former Member,
who is currently a registered lobbyist, may that former Member, who
is currently a former lobbyist, be on the floor today during the
consideration of this bill?
The SPEAKER pro tempore. Such a former Member should not be on
the floor given the pendency of this motion.
Mr. SNYDER. Mr. Speaker, that is what my understanding was.
The SPEAKER pro tempore. Does the gentleman have another
inquiry?
Mr. SNYDER. Mr. Speaker, I do. Under the rules that I just
read, it refers to the Hall of the House and rooms leading thereto.
I assume that means the Speaker's Lobby and the two cloakrooms. Is
that the Speaker's interpretation of that rule?
The SPEAKER pro tempore. The gentleman is correct. It also
includes the Rayburn Room, just off the House floor.
Mr. SNYDER. Mr. Speaker, my third parliamentary inquiry, under
current rules, I see no exemption, under the current rule, for any
kind of an educational function to occur during the consideration
of this measure; is that correct?
The SPEAKER pro tempore. The gentleman is correct.
Mr. SNYDER. Mr. Speaker, my fourth parliamentary inquiry, this
bill is now under our suspension calendar. Is it the Speaker's
ruling that no amendments are allowed to broaden the application of
this rule?
The SPEAKER pro tempore. The gentleman is correct.
The gentleman from California (Mr. Dreier) may proceed.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may
consume. . . .

parliamentary inquiry

Mr. SNYDER. Mr. Speaker, under the rules of the House, this is
a proposal to change the rules, when a provision says the Speaker
may promulgate regulations, under the rules of the House, will
there or will there not be a vote of approval of those promulgated
regulations by the Speaker on the definition of educational
functions?
The SPEAKER pro tempore (Mr. [Ray] LaHood [of Illinois]). The
Chair will read this.
Mr. SNYDER. You're a great reader, Mr. Speaker.
The SPEAKER pro tempore. The degree to which the pending
proposal changes the status quo is a matter for the House to
debate. It is not the function of the Chair to interpret a
legislative proposal while it is under debate.
Mr. SNYDER. I am sorry, when the Speaker promulgates
regulations, regardless of a minor change or a major change, my
inquiry is: Does that or does that not require a vote of the body?
The SPEAKER pro tempore. I will stand by what I said. The terms
of the resolution must speak for themselves.
Mr. SNYDER. I will stand with you, Mr. Speaker. Thank you. . .
.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-
thirds of those present have voted in the affirmative.
Mr. DREIER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and
the Chair's prior announcement, further proceedings on this
question will be postponed. . .
. -------------------

ELIMINATING FLOOR PRIVILEGES OF FORMER MEMBERS AND OFFICERS

The SPEAKER pro tempore. The pending business is the question
of suspending the rules and agreeing to the resolution, H. Res.
648.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from California (Mr. Dreier) that the House
suspend the rules and agree to the resolution, H. Res. 648, on
which the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas
379, nays 50, answered ``present'' 1, not voting 3, as follows:

[Roll No. 3]. . .

So (two-thirds of those voting having responded in the
affirmative) the rules were suspended and the resolution was agreed
to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

In accordance with adopted changes to clause 4 of rule
IV⁽³⁷⁾ restricting admission to the Hall of the House for
certain former Members, officers, officials, and employees, and
authorizing the Speaker to promulgate regulations exempting certain
functions from such restrictions, on February 1, 2006,⁽³⁸⁾
the Speaker announced the locations to which the new restrictions would
apply and further announced the educational and ceremonial occasions
that would be exempt from such restrictions:
---------------------------------------------------------------------------
37. House Rules and Manual Sec. 680 (2017).
38. 152 Cong. Rec. 644, 109th Cong. 2d Sess.
---------------------------------------------------------------------------

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER.⁽³⁹⁾ The Chair desires to make an
announcement.
---------------------------------------------------------------------------
39. Dennis Hastert (IL).
---------------------------------------------------------------------------

The House has adopted a revision to the rule regarding the
admission to the floor and the rooms leading thereto. Clause 4 of
rule IV provides that a former Member, Delegate or Resident
Commissioner or a former Parliamentarian of the House, or a former
elected officer of the House or a former minority employee
nominated as an elected officer of the House shall not be entitled
to the privilege of admission to the Hall of the House and the
rooms extending thereto if he or she is a registered lobbyist or an
agent of a foreign principal; has any direct personal pecuniary
interest in any legislative measure pending before the House, or
reported by a committee; or is in the employ of or represents any
party, organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any legislative
proposal.
This restriction extends not only to the House floor but
adjacent rooms, the cloakrooms and the Speaker's lobby.
Clause 4 of rule IV also allows the Speaker to exempt
ceremonial and educational functions from the restrictions of this
clause. These restrictions shall not apply to attendance at joint
meetings or joint sessions, Former Members' Day proceedings,
educational tours, and other occasions as the Speaker may
designate.
Members who have reason to know that a person is on the floor
inconsistent with clause 4 of rule IV should notify the Sergeant at
Arms.

Sec. 6.8 In response to a parliamentary inquiry,⁽⁴⁰⁾ the
Chair affirmed that former Members who are a registered lobbyists
or agents of a foreign principal do not have privileges of the
floor under of clause 4(a) of rule IV.⁽⁴¹⁾
---------------------------------------------------------------------------
40. Parliamentarian's Note: This inquiry was prompted by the presence
of former Vice President Al Gore in the Chamber. He had floor
privileges only as a former Member, and not independently as a
former Vice President, and thus would be evaluated by the
standards of clause 4(a) of rule IV.
41. House Rules and Manual Sec. 680 (2017).
---------------------------------------------------------------------------

On March 21, 2007,⁽⁴²⁾ the Chair responded to
parliamentary inquiries as follows:
---------------------------------------------------------------------------
42. 153 Cong. Rec. 7079, 110th Cong. 1st Sess.
---------------------------------------------------------------------------

parliamentary inquiry

Mr. [Lynn] WESTMORELAND [of Georgia]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore.⁽⁴³⁾ The gentleman will
state it.
---------------------------------------------------------------------------
43. Alcee Hastings (FL).
---------------------------------------------------------------------------

Mr. WESTMORELAND. Mr. Speaker, according to rule IV, clause
4(a), the privileges of former Members on this floor, it states,
``is a registered lobbyist or an agent of a foreign principal, as
those terms are defined in clause 5 of rule XXV.'' Is it true that
if a former Member was a registered lobbyist or an agent of a
foreign principal, that they could not be on the floor?
The SPEAKER pro tempore. The gentleman is correct.

Sec. 6.9 Under clause 1 of rule XVII,⁽⁴⁴⁾ Members may not
direct remarks to a former Member present on the
floor.⁽⁴⁵⁾
---------------------------------------------------------------------------
44. House Rules and Manual Sec. 945 (2017).
45. Parliamentarian's Note: A former Member has floor privileges under
rule IV (House Rules and Manual Sec. 680 (2017)) and thus is
not a ``guest'' of the House (such as the child of a Member).
So although it is permissible to refer to the presence of a
former Member, remarks in debate must nevertheless be directed
to the Chair.
---------------------------------------------------------------------------

On April 9, 2014,⁽⁴⁶⁾ the following occurred:
---------------------------------------------------------------------------
46. 160 Cong. Rec. H3130, H3133 [Daily Ed.], 113th Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. [Steve] STOCKMAN [of Texas]. I have to tell you, when I
first got elected, it was none other than Kent Hance who came down.
I was a young guy, and he gave me a lot of advice, but I knew him
before he knew me because Ronald Reagan was in trouble, and Kent
Hance stepped forward against a lot of his party's wishes and took
the bull by the horns and really changed the United States, which
is amazing. But one of the things that, Kent, you have always done
is you have reached out to me when you didn't have to. . . .
Again, I want to express my friendship to you and how much you
have helped me throughout the years. You have been very gracious to
me. I thank you. . . .
The SPEAKER pro tempore.⁽⁴⁷⁾ Members are reminded
not to direct their remarks to former Members on the House floor.
---------------------------------------------------------------------------
47. Jim Bridenstine (OK).
---------------------------------------------------------------------------

B. Capitol Grounds

Sec. 7. The Capitol Complex

The Capitol complex consists of the Capitol building itself
(containing both House and Senate chambers) as well as office buildings
for House Members and Senators, the Capitol Visitor Center, the Capitol
Power Plant, and the Capitol Grounds.⁽¹⁾ The area
encompassed by the Capitol Grounds is defined by statute,⁽²⁾
and includes both the National Garden of the United States Botanical
Garden and the buildings of the Library of Congress. The Capitol
complex is overseen by the Architect of the Capitol, who is appointed
by the President with the advice and consent of the
Senate.⁽³⁾ The Architect of the Capitol also has
jurisdiction over certain Federal judicial buildings, including the
Supreme Court building⁽⁴⁾ and the Thurgood Marshall Federal
Judiciary Building.⁽⁵⁾
---------------------------------------------------------------------------
1. 40 U.S.C. Sec. 5101.
2. 40 U.S.C. Sec. 5102.
3. 2 U.S.C. Sec. 1801. For more on officers and officials of the
House, see Deschler's Precedents Ch. 6 and Precedents (Wickham)
Ch. 6.
4. 40 U.S.C. Sec. 6111.
5. 40 U.S.C. Sec. 6505.
---------------------------------------------------------------------------

The responsibilities of the Architect of the Capitol with respect
to the Capitol complex overlap with those of other entities. With
respect to the Capitol Grounds generally, the Architect shares
jurisdiction with the Mayor of the District of Columbia over certain
streets and curbsides that pass through the grounds.⁽⁶⁾
Issues of safety and security fall under the jurisdiction of the
Capitol Police, which is supervised by the Capitol Police Board
(consisting of the Architect of the Capitol and the Sergeants-at-Arms
for the House and Senate).⁽⁷⁾ Responsibility for the Library
of Congress buildings is divided among the Architect of the
Capitol,⁽⁸⁾ the Librarian of Congress,⁽⁹⁾ and the
Joint Committee of Congress on the Library.⁽¹⁰⁾ The
Architect of the Capitol shares jurisdiction over the House office
buildings with the House Office Building Commission (consisting of the
Speaker of the House, and (traditionally) the Majority Leader and
Minority Leader).⁽¹¹⁾ The Architect of the Capitol employs a
Superintendent of House Office Buildings to assist in the oversight of
House office buildings. Committees of the House with jurisdiction over
different aspects of the Capitol complex include the Committee on House
Administration⁽¹²⁾ and the Committee on Transportation and
Infrastructure.⁽¹³⁾
---------------------------------------------------------------------------
6. 40 U.S.C. Sec. 5102(b).
7. 2 U.S.C. Sec. 1961.
8. 2 U.S.C. Sec. 141.
9. 2 U.S.C. Sec. 136.
10. 2 U.S.C. Sec. 132b.
11. 2 U.S.C. Sec. 2001.
12. Rule X, clauses 1(k)(4) and 1(k)(13), House Rules and Manual
Sec. 724 (2017).
13. Rule X, clauses 1(r)(9) and 1(r)(11), House Rules and Manual
Sec. 739 (2017).
---------------------------------------------------------------------------

Numerous statutes provide for the protection, use, and maintenance
of the Capitol buildings and grounds, including care of the exterior,
repairs, lighting, heating, and ventilation.⁽¹⁴⁾ Various
laws also regulate the conduct of individuals on the Capitol Grounds
including prohibitions on certain kinds of demonstrations and
disorderly conduct.⁽¹⁵⁾
---------------------------------------------------------------------------
14. 2 U.S.C. Sec. Sec. 1811 et seq.
15. 40 U.S.C. Sec. Sec. 5103 et seq. See also Deschler's Precedents Ch.
4 Sec. Sec. 1.2, 2.
---------------------------------------------------------------------------

The Capitol building has been the site of several security
incidents.⁽¹⁶⁾ On July 24, 1998, a gunman infiltrated the
Capitol and killed two Capitol Police officers.⁽¹⁷⁾ On
September 11, 2001, in response to the terrorist attacks in New York
and the Pentagon, the House recessed for a period in excess of 24 hours
as the Capitol was evacuated.⁽¹⁸⁾ In the autumn of 2001,
several letters containing anthrax spores were mailed to Senators,
necessitating additional security protocols for handling mail coming
into the Capitol complex and extensive chemical testing of House
facilities.⁽¹⁹⁾ In February, 2004, ricin powder was
discovered in a letter mailed to the Dirksen Senate Office
Building.⁽²⁰⁾ In 2005, the Chair declared emergency recesses
on two occasions when notified that aircraft had violated the
restricted airspace surrounding the Capitol.⁽²¹⁾ On October
3, 2013, the House exercised emergency recess authority when informed
of a possible security threat.⁽²²⁾ On April 15, 2015, a man
piloting a gyrocopter landed the device on the Capitol Grounds, after
which he was detained by Capitol Police.⁽²³⁾ On March 28,
2016, a man attempted to enter the Capitol Visitor Center with a
firearm and was wounded by Capitol Police.⁽²⁴⁾
---------------------------------------------------------------------------
16. For a description of an earlier attack by Puerto Rican nationalists
in the House chamber in 1954, see Sec. 1.9, supra. See also
Deschler's Precedents. Ch. 4 Sec. 2; Deschler's Precedents Ch.
29 Sec. 2.17; and Deschler's Precedents Ch. 36 Sec. Sec. 15,
22.2, and 22.3.
17. See Sec. 1.13, supra. See also Precedents (Wickham) Ch. 6. For the
redesignation of Capitol facilities in honor of Officer
Chestnut and Detective Gibson, see Sec. Sec. 7.5, 7.6, infra.
18. See Precedents (Wickham) Ch. 1. See also Deschler's Precedents Ch.
39 Sec. 2.16.
19. See Sec. 8.2, infra.
20. See Sec. 1.16, supra.
21. See Deschler's Precedents Ch. 39 Sec. Sec. 2.15, 2.16.
22. 159 Cong. Rec. H6202, H6203 [Daily Ed.], 113th Cong. 1st Sess.
23. For remarks referencing this incident, see 161 Cong. Rec. H2319,
H2320 [Daily Ed.], 114th Cong. 1st Sess. (Apr. 21, 2015).
24. For remarks referencing this incident, see 162 Cong. Rec. H1624
[Daily Ed.], 114th Cong. 2d Sess. (Apr. 12, 2016).
---------------------------------------------------------------------------

With respect to rooms within the Capitol, the House and Senate each
have jurisdiction over their respective wings of the building, and
share joint jurisdiction over other areas such as the Rotunda and the
Capitol Visitor Center.⁽²⁵⁾ The House has exercised its
jurisdiction over its wing of the Capitol by adopting resolutions
designating certain rooms after former or retiring
Members,⁽²⁶⁾ and the Senate has done likewise with respect
to rooms and areas under its authority.⁽²⁷⁾ Designations for
rooms or areas of shared jurisdiction are typically accomplished via
concurrent resolutions of both Houses.⁽²⁸⁾ The House has
also named office buildings under its control after former Members of
the House.⁽²⁹⁾
---------------------------------------------------------------------------
25. For an earlier discussion of dedicating buildings and structures,
see Deschler's Precedents Ch. 36 Sec. 22.
26. See Sec. Sec. 7.1, 7.3, 7.7, 7.8, and 7.9, infra.
27. See Sec. 7.4, infra.
28. See Sec. Sec. 7.5, 7.6, infra.
29. See Sec. 7.2, infra.
---------------------------------------------------------------------------

The House and Senate routinely host ceremonial occasions in their
respective chambers, and also jointly authorize the use of Capitol
facilities that fall within the jurisdiction of both
bodies.⁽³⁰⁾ Concurrent resolutions have been adopted
authorizing the use of the Capitol Rotunda,⁽³¹⁾ the Capitol
Grounds,⁽³²⁾ and the Capitol Visitor Center (Emancipation
Hall)⁽³³⁾ for ceremonial occasions. Memorial services and
other events have likewise been held in Statuary Hall.⁽³⁴⁾
The House and Senate traditionally adopt a concurrent resolution
authorizing the use of the Rotunda for presidential inauguration
ceremonies_authority typically granted in one Congress and reaffirmed
by the succeeding Congress.⁽³⁵⁾
---------------------------------------------------------------------------
30. For ceremonies generally, see Deschler's Precedents Ch. 36.
31. See Sec. 7.10, infra.
32. See Sec. 7.11, infra.
33. See Sec. 7.13, infra.
34. See Sec. 7.12, infra.
35. See Sec. 7.14, infra.
---------------------------------------------------------------------------

Portraits, statues, busts, and other artworks are frequently
commissioned or accepted by Congress to be included in the art
collection of the Capitol. Jurisdiction over the acceptance of artworks
for display in the House wing of the Capitol is shared by numerous
entities, including the Architect of the Capitol,⁽³⁶⁾ the
House of Representatives Fine Arts Board,⁽³⁷⁾ the Clerk of
the House,⁽³⁸⁾ the Joint Committee on the
Library,⁽³⁹⁾ and the Committee on House
Administration.⁽⁴⁰⁾ There also exists a United States
Capitol Preservation Commission,⁽⁴¹⁾ tasked with providing
works of fine art for display in the Capitol, and a Senate Commission
on Fine Arts,⁽⁴²⁾ whose jurisdiction extends to the Senate
wing and Senate office buildings.
---------------------------------------------------------------------------
36. 2 U.S.C. Sec. 2121(c).
37. 2 U.S.C. Sec. 2121(a).
38. 2 U.S.C. Sec. 2121(b).
39. 2 U.S.C. Sec. Sec. 2132, 2133.
40. Rule X, clause 1(k)(4), House Rules and Manual Sec. 724 (2017).
41. 2 U.S.C. Sec. Sec. 2081 et seq.
42. 2 U.S.C. Sec. Sec. 2101 et seq.
---------------------------------------------------------------------------

The House has accepted portraits of former Majority
Leaders⁽⁴³⁾ and Speakers,⁽⁴⁴⁾ while the Senate
has accepted busts of former Presidents of the Senate.⁽⁴⁵⁾
The House and Senate jointly have authorized the placement of other
busts and statues of noteworthy individuals in the Capitol or the
Capitol Visitor Center.⁽⁴⁶⁾ Pursuant to statute, states are
invited to submit two statues for inclusion in the National Statuary
Hall collection.⁽⁴⁷⁾ Originally, all such statues were place
in Statuary Hall itself, but the Architect of the Capitol has been
authorized to relocate statues to other locations inside the Capitol
and the Capitol Visitor Center.⁽⁴⁸⁾ States are authorized to
replace statues and from time to time have done so.⁽⁴⁹⁾
---------------------------------------------------------------------------
43. See Sec. 7.15, infra.
44. See Sec. 7.17, infra.
45. See Sec. Sec. 7.16, 7.19, infra.
46. See Sec. Sec. 7.18, 7.20, 7.22, and 7.24, infra. The area between
the Capitol Rotunda and Statuary Hall, where several busts of
prominent individuals are displayed, was designated in the
114th Congress as the ``Freedom Foyer.'' See P.L. 114-74, 129
Stat. 584.
47. 2 U.S.C. Sec. 2131.
48. 2 U.S.C. Sec. 2132(e).
49. See Sec. 7.22, infra.
---------------------------------------------------------------------------

Two of the more unique historical items in the possession of
Congress are Lincoln's catafalque and the mace of the House of
Representatives. The former is a wooden platform first used to support
the coffin of President Abraham Lincoln in 1865. When individuals lie
in state in the Capitol Rotunda, Congress typically authorizes the use
of the catafalque for such occasions.⁽⁵⁰⁾ The present mace
of the House of Representatives, which dates from 1841, is a symbol of
the authority of the House, and is carried in by the Sergeant-at-Arms
upon the House's convening each day and is present whenever the House
is in session.⁽⁵¹⁾
---------------------------------------------------------------------------
50. See Sec. 7.23, infra. The catafalque is also sometimes provided for
funerals of other prominent Americans by concurrent resolution.
See Deschler's Precedents Ch. 38 Sec. 11.1.
51. See Sec. 7.21, infra. For more on the position of the mace during
sittings of the Committee of the Whole, see Deschler's
Precedents Ch. 19 Sec. 1.1. For presentation of the mace to
maintain order in the House, see Deschler's Precedents Ch. 29
Sec. 48.21.
---------------------------------------------------------------------------

Sec. 7.1 By unanimous consent, the House considered and agreed to a
resolution naming a room on the House side of the Capitol after the
retiring Speaker.

On October 9, 1986,⁽⁵²⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
52. 132 Cong. Rec. 29952-54, 99th Cong. 2d Sess. See also Deschler's
Precedents Ch. 36 Sec. 22.6.
---------------------------------------------------------------------------

DESIGNATING ROOM H-324 IN THE CAPITOL AS THE THOMAS P. O'NEILL,
JR. ROOM

Mr. James WRIGHT [of Texas]. Mr. Speaker, I send to the desk a
resolution (H. Res. 582) designating Room H-324, in the Capitol, as
the Thomas P. O'Neill, Jr. Room, and ask unanimous consent for its
immediate consideration.
The SPEAKER pro tempore (Mr. [John] MOAKLEY [of
Massachusetts]). The Clerk will report the resolution.
The Clerk read the resolution as follows:

H. Res. 582

Resolved, That room H-324 on the third floor of the House part of Capitol
is hereby designated the Thomas P. O'Neill, Jr. Room.

The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection. . . .
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------

DESIGNATION OF THE THOMAS P. O'NEILL, JR. ROOM

(Mr. WRIGHT asked and was given permission to address the House
for 1 minute.)
Mr. WRIGHT. Mr. Speaker, little needs be said. A very few rooms
in the Capitol on the House side have been officially designated by
the House to honor individuals who are so much a part of our
institution that their names will forever epitomize the heart and
soul of the United States House of Representatives.
One of those people, clearly, is Thomas P. ``Tip'' O'Neill, Jr.
As long as free men and women live and serve in this Chamber--the
most democratic, in the sense of a little ``d,'' of all
institutions of Government--the memory of Thomas P. O'Neill, Jr.,
will live and thrive and survive to inspire us and future
generations of public servants.
Therefore, it seems appropriate to me, and I know all of our
colleagues on both sides of the aisle will surely agree, that it is
a fitting tribute for us this day to designate officially the room
on the third floor of the House side of the Capitol as the Thomas
P. O'Neill, Jr. Room. -------------------

THE THOMAS P. O'NEILL, JR., ROOM IN PERPETUITY

(Mr. MICHEL asked and was given permission to address the House
for 1 minute.)
Mr. [Robert] MICHEL [of Illinois]. Mr. Speaker, may I simply
associate myself with the very appropriate remarks of the
distinguished majority leader, the gentleman from Texas [Mr.
Wright].
But not being privy to where the recesses of this Capitol all
are, cubbyholes or ornate rooms and all the rest, might I inquire
of the distinguished majority leader if this room, so appropriately
named for Thomas P. O'Neill, is sufficiently large enough in size
and befitting to accommodate what we normally expect for the
Speaker of the House?
Mr. WRIGHT. Mr. Speaker, will the gentleman yield?
Mr. MICHEL. I yield to the gentleman from Texas.
Mr. WRIGHT. Mr. Speaker, it is a spacious and gracious room,
ample in its proportions, warm in its hospitality. It is on the
third floor, just opposite the Visitors' Gallery, where the public
may see it, and where a sign may forever proclaim it as the Thomas
P. O'Neill, Jr. Room.
Mr. MICHEL. I definitely thank the gentleman for that
explanation.
Might I assure the gentleman from Texas, and of course, the
Speaker himself, that when that great day comes when we on the
Republican side have a majority in this House, it shall remain the
Thomas P. O'Neill, Jr. Room.

Sec. 7.2 The House suspended the rules and adopted a resolution to
designate House Annex 1 as the Thomas P. O'Neill, Jr., House Office
Building and House Annex 2 as the Gerald R. Ford House Office
Building.⁽⁵³⁾
---------------------------------------------------------------------------
53. Parliamentarian's Note: The building named after Speaker Thomas
O'Neill of Massachusetts by this resolution was demolished in
2002. In 2012, another Federal office building was named after
Speaker O'Neill. See 158 Cong. Rec. 15778-81, 112th Cong. 2d
Sess. (Nov. 28, 2012). The House-passed text was incorporated
into P.L. 112-237, 126 Stat. 1628.
---------------------------------------------------------------------------

On September 10, 1990,⁽⁵⁴⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
54. 136 Cong. Rec. 23632, 101st Cong. 2d Sess. See also Deschler's
Precedents Ch. 36 Sec. 22.4
---------------------------------------------------------------------------

THOMAS P. O'NEILL, JR. HOUSE OF REPRESENTATIVES OFFICE BUILDING
AND GERALD R. FORD HOUSE OF REPRESENTATIVES OFFICE BUILDING

Mr. [Glenn] ANDERSON [of California]. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 402)
designating two House of Representatives office buildings as the
``Thomas P. O'Neill, Jr. House of Representatives Office Building''
and the ``Gerald R. Ford House of Representatives Office
Building,'' respectively, and for other purposes.
The Clerk read as follows:

H. Res. 402

Resolved,

SECTION 1. DESIGNATIONS.

(a) Thomas P. O'Neill, Jr. House of Representatives Office Building.--The
House of Representatives office building located at C Street and New Jersey
Avenue, Southeast, in the District of Columbia, and known as House of
Representatives Office Building Annex No. 1, shall be known and designated
as the ``Thomas P. O'Neill, Jr. House of Representatives Office Building''.

(b) Gerald R. Ford House of Representatives Office Building.--The House of
Representatives office building located at 3d and D Streets, Southwest, in
the District of Columbia, and known as House of Representatives Office
Building Annex No. 2, shall be known and designated as the ``Gerald R. Ford
House of Representatives Office Building''.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper, or other record
of the United States to a building referred to in section 1 shall be deemed
to be a reference to the building as designated in that section.

SEC. 3. STATUES.

The Speaker of the House of Representatives may purchase or accept as a
gift to the House of Representatives, for permanent display in the
appropriate building designated in section 1, a suitable statue or bust of
the individual for whom the building is named. Such purchase or acceptance
shall be carried out--

(1) in the case of the building referred to in section 1(a), in
consultation with the majority leader of the House of Representatives; and

(2) in the case of the building referred to in section 1(b), in
consultation with the minority leader of the House of Representatives.

Sec. 7.3 By unanimous consent, the House considered and agreed to a
resolution designating room H-235 in the Capitol as the ``Lindy
Claiborne Boggs Congressional Women's Reading Room.''

On October 25, 1990,⁽⁵⁵⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
55. 136 Cong. Rec. 34164, 34165, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

LINDY CLAIBORNE BOGGS CONGRESSIONAL WOMEN'S READING ROOM

Mr. [Glenn] ANDERSON [of California]. Mr. Speaker, I ask
unanimous consent that the Committee on Public Works and
Transportation be discharged from further consideration of the
resolution (H. Res. 525) designating the room numbered H-235 in the
House of Representatives wing of the Capitol as the ``Lindy
Claiborne Boggs Congressional Women's Reading Room,'' and ask for
its immediate consideration.
The Clerk read the title of the resolution.
The SPEAKER pro tempore.⁽⁵⁶⁾ Is there objection to
the request of the gentleman from California? . . .
---------------------------------------------------------------------------
56. Michael McNulty (NY).
---------------------------------------------------------------------------

Mr. ANDERSON. I thank the gentleman for yielding.
Mr. Speaker, it is with mixed emotions that I rise today. While
it is with great pleasure that I support naming room H-235 in the
Capitol as the ``Lindy Claiborne Boggs Congressional Women's
Reading Room,'' it also means that Lindy is retiring from service
to the House.
Lindy has been a friend for many years. Her grace, charm, and
strength have added greatly to the House. Lindy has been an ideal
role model for the youth of today, balancing the difficult demands
of raising a family while pursuing an active and fulfilling career.
Before serving in congress, Lindy served as president of the
Women's National Democratic Club and the cochairman for the
inaugural balls for Presidents Kennedy and Johnson. Lindy was
elected to congress in a special election in 1973 to fill the seat
that had been held by her husband, Thomas Hale Boggs, the majority
leader of the House who died in a plane crash in Alaska in 1972.
The SPEAKER pro tempore (Mr. [Michael] McNulty [of New York]).
Is there objection to the request of the gentleman from California?
There was no objection.
The Clerk read the resolution, as follows:

H. Res. 525

Whereas Congresswoman Lindy Claiborne Boggs has served in the House of
Representatives for the past 17 years with great honor and distinction and
has earned the affection and respect of all who have known her during her
50-year association with this great institution;

Whereas Congresswoman Boggs, in 1973, became the first woman to serve in
the House of Representatives from Louisiana and, in 1976, as the Chair of
the Democratic National Convention, became the first woman to chair a major
political convention;

Whereas Congresswoman Boggs has worked tirelessly to advance the cause of
equal rights for women, including sponsorship of legislation to guarantee
women equal access to credit, ensure women business owners access to small
business loans and Federal contracts, provide scholarships and fellowships
to women in science, mathematics, and education, and provide assistance for
victims of rape and domestic violence;

Whereas Congresswoman Boggs has worked to preserve the history of both
the House of Representatives and the Nation as Chair of the Commission of
the United States House of Representatives Bicentenary and as a member of
the Commission on the Bicentennial of the United States Constitution;

Whereas the room numbered H-235 in the House of Representatives wing of
the Capitol is a room of great historical significance in that it was the
office of former House Speakers Henry Clay and James Knox Polk, the only
House Speaker to become President, and the room in which former President
and Congressman John Quincy Adams died;

Whereas the room numbered H-235 has served as a meeting place and reading
room for Congresswomen since 1962 and contains the photographs of all
present and former Congresswomen; and

Whereas the naming of the room numbered H-235 in honor of Congresswoman
Boggs would serve as a testament to her unparalleled public service: Now,
therefore, be it

Resolved, That, the room numbered H-235 in the House of Representatives
wing of the Capitol shall be known and designated as the ``Lindy Claiborne
Boggs Congressional Women's Reading Room''.

The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 7.4 By unanimous consent, the Senate adopted a resolution naming
the balcony outside the office of its Majority Leader after Senator
Robert J. Dole.

On June 11, 1996,⁽⁵⁷⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
57. 142 Cong. Rec. 13686-87, 104th Cong. 2d Sess.
---------------------------------------------------------------------------

THE ROBERT J. DOLE BALCONY

Mr. [Donald] NICKLES [of Oklahoma]. Mr. President, I ask
unanimous consent that the Senate proceed to immediate
consideration of Senate Resolution 258 that I now send to the desk.
The PRESIDENT pro tempore.⁽⁵⁸⁾ Without objection, it
is so ordered.
---------------------------------------------------------------------------
58. William Frist (TN).
---------------------------------------------------------------------------

The clerk will report.
The Assistant Secretary of the Senate read as follows:

A resolution (S. Res. 258) to designate the balcony adjacent to
rooms S-230 and S-231 of the United States Capitol Building as the
``Robert J. Dole Balcony.''

The PRESIDENT pro tempore. Is there objection to the immediate
consideration of the resolution?
There being no objection, the Senate proceeded to consider the
resolution. . . .
Mr. NICKLES. Mr. President, I ask unanimous consent that the
resolution be agreed to, and the motion to reconsider be laid upon
the table.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The resolution (S. Res. 258) was agreed to, as follows:

S. Res. 258

Resolved, That the balcony adjacent to rooms S-230 and S-231 of the
United States Capitol Building is hereby designated as, and shall hereafter
be known as, the ``Robert J. Dole Balcony''.

Sec. 7.5 The House suspended the rules and agreed to a concurrent
resolution redesignating the Capitol Police headquarters building
as the ``Eney, Chestnut, Gibson Memorial Building.''⁽⁵⁹⁾
---------------------------------------------------------------------------
59. Parliamentarian's Note: Officer Chestnut and Detective Gibson were
slain by a gunman in the Capitol building on July 24, 1998. See
Sec. 7.6, infra. See also Deschler's Precedents Ch. 36
Sec. Sec. 15, 22.3; and Precedents (Wickham) Ch. 6. Sergeant
Eney was killed in a training exercise in August, 1984.
---------------------------------------------------------------------------

On October 15, 1998,⁽⁶⁰⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
60. 144 Cong. Rec. 26486-88, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

ENEY, CHESTNUT, GIBSON MEMORIAL BUILDING

Mr. [Jay] KIM [of California]. Mr. Speaker, I move to suspend
the rules and concur in the Senate concurrent resolution (S. Con.
Res. 120) to redesignate the United States Capitol Police
headquarters building located at 119 D Street, Northeast,
Washington, D.C., as the ``Eney, Chestnut, Gibson Memorial
Building.''
The Clerk read as follows:

S. Con. Res. 120

Whereas the United States Capitol Police force has protected the Capitol
and upheld the beacon of democracy in America;

Whereas 3 officers of the United States Capitol Police have lost their
lives in the line of duty;

Whereas Sgt. Christopher Eney was killed on August 24, 1984, during a
training exercise;

Whereas officer Jacob ``J.J.'' Chestnut was killed on July 24, 1998,
while guarding his post at the Capitol; and

Whereas Detective John Gibson was killed on July 24, 1998, while
protecting the lives of visitors, staff, and the Office of the Majority
Whip of the House of Representatives: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That
the United States Capitol Police headquarters building located at 119 D
Street, Northeast, Washington, D.C., shall be known and designated as the
``Eney, Chestnut, Gibson Memorial Building''.

The SPEAKER pro tempore (Mr. [Gilbert] Gutknecht [of
Minnesota]). Pursuant to the rule, the gentleman from California
(Mr. Kim) and the gentleman from Ohio (Mr. Traficant) each will
control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Kim). .
. .
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from California (Mr. Kim) that the House suspend
the rules and concur in the Senate concurrent resolution, S. Con.
Res. 120.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate concurrent
resolution was concurred in.
A motion to reconsider was laid on the table.

Sec. 7.6 The House suspended the rules and agreed to a concurrent
resolution designating the ``document entrance'' on the East Plaza
of the Capitol as the ``Chestnut-Gibson Memorial Door,'' in honor
of two Capitol Police officers slain in the line of
duty.⁽⁶¹⁾
---------------------------------------------------------------------------
61. Parliamentarian's Note: The Document Door was the scene of the
fatal attack on Officer Chestnut on July 24, 1998. Detective
Gibson was shot and killed a few feet away in the Majority
Whip's suite. See also Deschler's Precedents Ch. 36
Sec. Sec. 15, 22.2.
---------------------------------------------------------------------------

On July 20, 1999,⁽⁶²⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
62. 145 Cong. Rec. 16745-46, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

DESIGNATING THE CHESTNUT-GIBSON MEMORIAL DOOR

Mr. [Robert] FRANKS [of New Jersey]. Mr. Speaker, I move to
suspend the rules and agree to the concurrent resolution (H. Con.
Res. 158), as amended, designating the Document Door of the United
States Capitol as the ``Memorial Door''.
The Clerk read as follows:

H. Con. Res. 158

Whereas on July 24, 1998, a lone gunman entered the United States Capitol
through the door known as the Document Door, located on the first floor of
the East Front;

Whereas Officer Jacob Joseph Chestnut was the first United States Capitol
Police officer to confront the gunman just inside the Document Door and
lost his life as a result;

Whereas Detective John Michael Gibson also confronted the gunman and lost
his life in the ensuing shootout;

Whereas the last shot fired by Detective John Gibson--his final act as an
officer of the law--finally brought down the gunman and ended his deadly
rampage;

Whereas while the gunman's intentions are not fully known, nor may ever
be known, it is clear that he would have killed more innocent people if
United States Capitol Police Officer Jacob Chestnut and Detective John
Gibson had not ended the violent rampage;

Whereas the United States Capitol Police represent true dedication and
professionalism in their duties to keep the United States Capitol and the
Senate and House of Representatives office buildings safe for all who enter
them;

Whereas the United States Capitol shines as a beacon of freedom and
democracy all around the world;

Whereas keeping the sacred halls of the United States Capitol, known as
the People's House, accessible for all the people of the United States and
the world is a true testament of Congress and of our Nation's dedication to
upholding the virtues of freedom;

Whereas the door near where this tragic incident took place has been
known as the Document Door; and

Whereas it is fitting and appropriate that the Document Door henceforth
be known as the Memorial Door in honor of Officer Jacob Chestnut and
Detective John Gibson: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That
the door known as the Document Door and located on the first floor of the
East Front of the United States Capitol is designated as the ``Memorial
Door'' in honor of Officer Jacob Joseph Chestnut and Detective John Michael
Gibson of the United States Capitol Police, who gave their lives in the
line of duty on July 24, 1998, near that door.

The SPEAKER pro tempore (Mr. [Ken] Calvert [of California]).
Pursuant to the rule, the gentleman from New Jersey (Mr. Franks)
and the gentleman from Mississippi (Mr. Shows) each will control 20
minutes.
The Chair recognizes the gentleman from New Jersey (Mr.
Franks).
Mr. FRANKS of New Jersey. Mr. Speaker, I yield myself such time
as I may consume.
House Concurrent Resolution 158, as amended, introduced by the
Majority Whip, the Speaker, the Majority Leader, the Minority
Leader, the Minority Whip and other Members of both sides of the
aisle, designates the Document Door located on the first floor of
the east front of the Capitol as ``Memorial Door'', in honor of
Officer Jacob Chestnut and Detective John Gibson.
In my brief tenure of chairman of the subcommittee charged with
the responsibility of bringing to the House bills designating
Federal facilities in honor of individuals, I have considered it a
great pleasure to honor Americans who have distinguished themselves
in public service. A naming bill is often a capstone for those
fortunate to have bestowed upon them such an honor.
But this action that we take today, while richly deserved,
gives me no joy. This week is the first anniversary of an event
that we hope will never be repeated. Officer Chestnut became the
first Capitol Hill Police Officer killed in the line of duty.
Detective Gibson became the second.

Sec. 7.7 The House suspended the rules and adopted a resolution naming
the room within the House restaurant that was used for weekly
prayer breakfasts in honor of former Rep. G.V. ``Sonny'' Montgomery
of Mississippi.

On May 15, 2000,⁽⁶³⁾ the following resolution was agreed
to:
---------------------------------------------------------------------------
63. 146 Cong. Rec. 7818-19, 106th Cong. 2d Sess.
---------------------------------------------------------------------------

NAMING ROOM IN CAPITOL IN HONOR OF FORMER REPRESENTATIVE G.V.
``SONNY'' MONTGOMERY

Mr. [E.G.] SHUSTER [of Pennsylvania]. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 491) naming
a room in the House of Representatives wing of the Capitol in honor
of former Representative G.V. ``Sonny'' Montgomery.
The Clerk read as follows:

H. Res. 491

Whereas former Representative G.V. ``Sonny'' Montgomery of Mississippi,
from the time of his election to the House of Representatives in 1967 and
his beyond his retirement in 1996 through the present day, has faithfully
and continuously facilitated the ``House of Representatives Prayer
Breakfast'' at 8 a.m. every Thursday morning in Room H-130 in the House of
Representatives wing of the Capitol with a dedication that is indelibly
etched in the memories of the many Members who have attended that weekly
event: Now, therefore, be it

Resolved, That the room numbered H-130 in the House of Representatives
wing of the Capitol is named in honor of former Representative G.V.
``Sonny'' Montgomery.

The SPEAKER pro tempore.⁽⁶⁴⁾ Pursuant to the rule,
the gentleman from Pennsylvania (Mr. Shuster) and the gentlewoman
from the District of Columbia (Ms. Norton) each will control 20
minutes.
---------------------------------------------------------------------------
64. Edward Pease (IN).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Pennsylvania (Mr.
Shuster). . . .

Sec. 7.8 The House suspended the rules and adopted a resolution
reported from the Committee on Transportation and Infrastructure
naming a room within the House wing of the Capitol in honor of
former Majority Leader Richard K. Armey.

On March 11, 2003,⁽⁶⁵⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
65. 149 Cong. Rec. 5827, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

RICHARD K. ARMEY ROOM

Mr. [Michael] BURGESS [of Texas]. Madam Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 19)
designating the room numbered H-236 in the House of Representatives
wing of the Capitol as the ``Richard K. Armey Room''.
The Clerk read as follows:

H. Res. 19

Whereas, at the end of the 107th Congress, Representative Richard K.
Armey retired after 18 years of distinguished service in the House of
Representatives, including service as the Majority Leader for 8 years, the
longest tenure of any Republican Majority Leader in 92 years: Now,
therefore, be it

Resolved, That the room numbered H-236 in the House of Representatives
wing of the Capitol shall be known and designated as the ``Richard K. Armey
Room''.

Sec. 7.9 The House suspended the rules and adopted a resolution naming
a room in the House wing of the Capitol in honor of retiring Rep.
Henry J. Hyde.

On December 5, 2006,⁽⁶⁶⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
66. 152 Cong. Rec. 22267, 109th Cong. 2d Sess.
---------------------------------------------------------------------------

HENRY J. HYDE ROOM

Mr. [Donald] YOUNG [of Alaska]. Mr. Speaker, I move to suspend
the rules and agree to the resolution (H. Res. 1087) designating
Room H-139 of the Capitol as the ``Henry J. Hyde Room''.
The Clerk read as follows:

H. Res. 1087

Resolved, That--

(1) Room H-139 of the Capitol shall be known and designated as the
``Henry J. Hyde Room''; and

(2) this resolution shall take effect on the day following the date on
which Henry J. Hyde is no longer serving as a Member of the House of
Representatives.

Ceremonies

Sec. 7.10 The House by unanimous consent agreed to a Senate concurrent
resolution authorizing the use of the Rotunda for the lying in
state of the late Daniel K. Inouye, a Senator from the state of
Hawaii, on December 20, 2012.

On December 19, 2012,⁽⁶⁷⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
67. 158 Cong. Rec. 17752, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

AUTHORIZING THE USE OF THE ROTUNDA OF THE CAPITOL FOR THE LYING
IN STATE OF THE REMAINS OF THE LATE HONORABLE DANIEL K. INOUYE

Mr. [Pete] OLSON [of Texas]. Mr. Speaker, I ask unanimous
consent to take from the Speaker's table Senate Concurrent
Resolution 64 and ask for its immediate consideration in the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER.⁽⁶⁸⁾ Is there objection to the request
of the gentleman from Texas?
---------------------------------------------------------------------------
68. John Boehner (OH).
---------------------------------------------------------------------------

There was no objection.
The text of the concurrent resolution is as follows:

S. Con. Res. 64

Resolved by the Senate (the House of Representatives concurring), That in
recognition of the long and distinguished service rendered to the Nation by
Daniel K. Inouye, a Senator from the State of Hawaii and formerly a
Representative from that State, his remains be permitted to lie in state in
the rotunda of the Capitol on December 20, 2012, and the Architect of the
Capitol, under the direction of the Speaker of the House of Representatives
and the President pro tempore of the Senate, shall take all necessary steps
for the accomplishment of that purpose.

The concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

Sec. 7.11 The House suspended the rules and agreed to a concurrent
resolution reported from the Committee on Transportation and
Infrastructure to authorize the use of the Capitol Grounds for the
2008 Special Olympics Law Enforcement Torch Run.

On May 19, 2008,⁽⁶⁹⁾ the following concurrent resolution
was agreed to:
---------------------------------------------------------------------------
69. 154 Cong. Rec. 9646-47, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE DISTRICT OF
COLUMBIA SPECIAL OLYMPICS LAW ENFORCEMENT TORCH RUN

Ms. [Mazie] HIRONO [of Hawaii]. Mr. Speaker, I move to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 309)
authorizing the use of the Capitol Grounds for the District of
Columbia Special Olympics Law Enforcement Torch Run.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:

H. Con. Res. 309

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF USE OF CAPITOL GROUNDS FOR D.C. SPECIAL
OLYMPICS LAW ENFORCEMENT TORCH RUN.

On June 6, 2008, or on such other date as the Speaker of the House of
Representatives and the Committee on Rules and Administration of the Senate
may jointly designate, the 2008 District of Columbia Special Olympics Law
Enforcement Torch Run (in this resolution referred to as the ``event'') may
be run through the Capitol Grounds as part of the journey of the Special
Olympics torch to the District of Columbia Special Olympics summer games.

SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.

The Capitol Police Board shall take such actions as may be necessary to
carry out the event.

SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.

The Architect of the Capitol may prescribe conditions for physical
preparations for the event.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States Code,
concerning sales, advertisements, displays, and solicitations on the
Capitol Grounds, as well as other restrictions applicable to the Capitol
Grounds, in connection with the event.

Sec. 7.12 A Member announced that a memorial service for a deceased
former Member (Rep. Richard Bolling of Missouri) would be held in
Statuary Hall.⁽⁷⁰⁾
---------------------------------------------------------------------------
70. Parliamentarian's Note: Various other memorials have been held in
Statuary Hall, including memorials for former Speakers. See,
e.g., 159 Cong. Rec. E1683-E1687 [Daily Ed.], 113th Cong. 1st
Sess. (Nov. 18, 2013) (remarks on the death of former Speaker
Thomas Foley of Washington).
---------------------------------------------------------------------------

On April 24, 1991,⁽⁷¹⁾ the following announcement was
made:
---------------------------------------------------------------------------
71. 137 Cong. Rec. 9006, 102d Cong. 1st Sess. See also Deschler's
Precedents Ch. 36 Sec. 12.2.
---------------------------------------------------------------------------

ANNOUNCEMENT OF MEMORIAL SERVICES FOR RICHARD BOLLING

Mr. [Alan] WHEAT [of Missouri]. Mr. Speaker, it is always a sad
occasion when a Member of this body dies, and this last Sunday one
of the most distinguished Members of this body passed away. Our
former colleague, Richard Bolling, who served in this House of
Representatives from 1948 until 1982, passed away this past Sunday.
Mr. Speaker, I want to notify my colleagues that there will be
two memorial services on his behalf. The first will be held this
afternoon at 4 o'clock p.m. in Statuary Hall in the Capitol of the
United States. The second memorial service will be held in his home
district this Friday afternoon, 1 o'clock, at the Unitarian Church
in Kansas City. Members of Congress, friends, family, and, of
course, the general public are all invited to attend.

Sec. 7.13 The House by unanimous consent adopted a concurrent
resolution authorizing the use of Emancipation Hall in the Capitol
Visitor Center for a ceremony on the role of slave labor in the
construction of the Capitol building.

On February 9, 2012,⁽⁷²⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
72. 158 Cong. Rec. 1228, 112th Cong. 2d Sess.
---------------------------------------------------------------------------

AUTHORIZING THE USE OF EMANCIPATION HALL IN THE CAPITOL VISITOR
CENTER FOR A CEREMONY TO UNVEIL THE MARKER WHICH ACKNOWLEDGES
THE ROLE THAT SLAVE LABOR PLAYED IN THE CONSTRUCTION OF THE
UNITED STATES CAPITOL

Mr. DANIEL E. LUNGREN of California. Madam Speaker, I ask
unanimous consent that the Committee on House Administration be
discharged from further consideration of House Concurrent
Resolution 99, and ask for its immediate consideration in the
House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore.⁽⁷³⁾ Is there objection to
the request of the gentleman from California?
---------------------------------------------------------------------------
73. Shelley Moore Capito (WV).
---------------------------------------------------------------------------

There was no objection.
The text of the concurrent resolution is as follows:

H. Con. Res. 99

Whereas enslaved African-Americans provided labor essential to the
construction of the United States Capitol;

Whereas in 2005 Congress created the Slave Labor Task Force to study the
role that enslaved African-Americans played in the construction of the
Capitol and to make recommendations to Congress on how to commemorate their
contribution;

Whereas the report of the Architect of the Capitol entitled ``History of
Slave Laborers in the Construction of the United States Capitol'' documents
the role of slave labor in the construction of the Capitol;

Whereas enslaved African-Americans performed the backbreaking work of
quarrying the stone which comprised many of the floors, walls, and columns
of the Capitol;

Whereas enslaved African-Americans also participated in other facets of
construction of the Capitol, including carpentry, masonry, carting,
rafting, roofing, plastering, glazing, painting, and sawing;

Whereas the marble columns in the Old Senate Chamber and the sandstone
walls of the East Front corridor remain as the lasting legacies of the
enslaved African-Americans who worked the quarries;

Whereas slave-quarried stones from the remnants of the original Capitol
walls can be found in Rock Creek Park in the District of Columbia;

Whereas the Statue of Freedom now atop the Capitol dome could not have
been cast without the pivotal intervention of Philip Reid, an enslaved
African-American foundry worker who deciphered the puzzle of how to
separate the 5-piece plaster model for casting when all others failed;

Whereas the great hall of the Capitol Visitor Center was named
Emancipation Hall to help acknowledge the work of the slave laborers who
built the Capitol;

Whereas no narrative on the construction of the Capitol that does not
include the contribution of enslaved African- Americans can fully and
accurately reflect its history;

Whereas recognition of the contributions of enslaved African-Americans
brings to all Americans an understanding of the continuing evolution of our
representative democracy;

Whereas in 2007 the Slave Labor Task Force recommended to Congress the
creation of a marker commemorating the contributions of enslaved African-
Americans in the construction of the Capitol; and

Whereas the marker dedicated to the enslaved African-Americans who helped
to build the Capitol reflects the charge of the Capitol Visitor Center to
teach visitors about Congress and its development: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF EMANCIPATION HALL FOR CEREMONY TO UNVEIL MARKER DEDICATED
TO ENSLAVED AFRICAN-AMERICANS WHO HELPED BUILD THE CAPITOL.

(a) Authorization.--Emancipation Hall in the Capitol Visitor Center is
authorized to be used on February 28, 2012, for a ceremony to unveil the
marker which acknowledges the role that slave labor played in the
construction of the United States Capitol.

(b) Preparations.--Physical preparations for the conduct of the ceremony
described in subsection (a) shall be carried out in accordance with such
conditions as may be prescribed by the Architect of the Capitol.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 7.14 The House by unanimous consent considered and adopted several
Senate concurrent resolutions establishing a Joint Congressional
Committee on Inaugural Ceremonies and authorizing the use of the
Capitol Rotunda and Emancipation Hall in connection with
presidential inaugural ceremonies on January 21, 2013.

On March 5, 2012,⁽⁷⁴⁾ the following routine concurrent
resolutions authorizing the use of the Rotunda and Emancipation Hall
for inauguration ceremonies were adopted:
---------------------------------------------------------------------------
74. 158 Cong. Rec. 2890-91, 112th Cong. 2d Sess. See also Deschler's
Precedents Ch. 36 Sec. Sec. 25.1-25.4.
---------------------------------------------------------------------------

ESTABLISHING JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL
CEREMONIES

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask
unanimous consent to take from the Speaker's table the concurrent
resolution (S. Con. Res. 35) to establish the Joint Congressional
Committee on Inaugural Ceremonies for the inauguration of the
President-elect and Vice President-elect of the United States on
January 21, 2013, and ask for its immediate consideration in the
House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore.⁽⁷⁵⁾ Is there objection to
the request of the gentleman from California?
---------------------------------------------------------------------------
75. Jeff Denham (CA).
---------------------------------------------------------------------------

There was no objection.
The text of the concurrent resolution is as follows:

S. Con. Res. 35

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. ESTABLISHMENT OF JOINT COMMITTEE.

There is established a Joint Congressional Committee on Inaugural
Ceremonies (in this resolution referred to as the ``joint committee'')
consisting of 3 Senators and 3 Members of the House of Representatives, to
be appointed by the President of the Senate and the Speaker of the House of
Representatives, respectively. The joint committee is authorized to make
the necessary arrangements for the inauguration of the President-elect and
Vice President-elect of the United States on January 21, 2013.

SEC. 2. SUPPORT OF THE JOINT COMMITTEE.

The joint committee--

(1) is authorized to utilize appropriate equipment and the services of
appropriate personnel of departments and agencies of the Federal
Government, under arrangements between the joint committee and the heads of
those departments and agencies, in connection with the inaugural
proceedings and ceremonies; and

(2) may accept gifts and donations of goods and services to carry out its
responsibilities.

The concurrent resolution was concurred in.
A motion to reconsider was laid on the
table. -------------------

AUTHORIZING USE OF ROTUNDA AND EMANCIPATION HALL BY JOINT
CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask
unanimous consent to take from the Speaker's table the concurrent
resolution (S. Con. Res. 36) to authorize the use of the rotunda
and Emancipation Hall of the Capitol by the Joint Congressional
Committee on Inaugural Ceremonies in connection with the
proceedings and ceremonies conducted for the inauguration of the
President-elect and the Vice President-elect of the United States,
and ask for its immediate consideration in the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.
The text of the concurrent resolution is as follows:

S. Con. Res. 36

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. USE OF THE ROTUNDA AND EMANCIPATION HALL OF THE CAPITOL.

The rotunda and Emancipation Hall of the United States Capitol are
authorized to be used on January 21, 2013, by the Joint Congressional
Committee on Inaugural Ceremonies in connection with the proceedings and
ceremonies conducted for the inauguration of the President-elect and the
Vice President-elect of the United States.

The concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

On January 3, 2013,⁽⁷⁶⁾ the House considered and agreed
to a privileged Senate concurrent resolution continuing the authority
of the Joint Committee on Inaugural Ceremonies and the authority to use
the Capitol Rotunda and Emancipation Hall for such
ceremonies:⁽⁷⁷⁾
---------------------------------------------------------------------------
76. 159 Cong. Rec. H25 [Daily Ed.], 113th Cong. 1st Sess.
77. Parliamentarian's Note: An order of the House in one Congress is
not binding on the House in a subsequent Congress. Thus, it was
necessary for the House in the 113th Congress to formally
continue the authorities provided by the concurrent resolutions
of the 112th Congress. The Senate, as a ``continuing body,'' is
not similarly restricted. See 4 Hinds' Precedents Sec. 4544.
See also Deschler's Precedents Ch. 36 Sec. 21.9.
---------------------------------------------------------------------------

EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON
INAUGURAL CEREMONIES

The SPEAKER pro tempore⁽⁷⁸⁾ laid before the House
the following privileged concurrent resolution:
---------------------------------------------------------------------------
78. Thomas Latham (IA).
---------------------------------------------------------------------------

S. Con. Res. 2

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE.

Effective from January 3, 2013, the joint committee created by Senate
Concurrent Resolution 35 (112th Congress), to make the necessary
arrangements for the inauguration of the President-elect and the Vice
President-elect of the United States, is continued with the same power and
authority provided for in that resolution.

SEC. 2. USE OF CAPITOL.

Effective from January 3, 2013, the provisions of Senate Concurrent
Resolution 36 (112th Congress), to authorize the use of the rotunda and
Emancipation Hall of the Capitol by the Joint Congressional Committee on
Inaugural Ceremonies in connection with the proceedings and ceremonies
conducted for the inauguration of the President-elect and the Vice
President-elect of the United States are continued with the same power and
authority provided for in that resolution.

The concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

Statuary and Art

Sec. 7.15 By unanimous consent, the House considered and agreed to a
resolution authorizing the House to accept the gift of a portrait
of former Rep. Charles A. Halleck of Indiana (a former Majority
Leader) for display in the Capitol as approved by the Speaker.

On November 26, 1974,⁽⁷⁹⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
79. 120 Cong. Rec. 37390, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

ACCEPTING GIFT OF PORTRAIT OF CHARLES ABRAHAM HALLECK

Mr. [William] BRAY [of Indiana]. Mr. Speaker, I offer a
resolution (H. Res. 1477) and ask unanimous consent for its
immediate consideration.
The Clerk read the resolution as follows:

Resolved, That the House of Representatives accept the gift of a portrait
of Charles Abraham Halleck of the State of Indiana who served as a
Republican Member of the House of Representatives from January 1935 to
January 1969 and was elected as the majority leader in the 80th and 83d
Congresses and as minority leader in the 86th, 87th, and 88th Congresses.
The portrait shall be displayed in a location in the United States Capitol
subject to the approval of the Speaker.

The SPEAKER.⁽⁸⁰⁾ Is there objection to the request
of the gentleman from Indiana?
---------------------------------------------------------------------------
80. Carl Albert (OK).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 7.16 By unanimous consent, the House considered a Senate
concurrent resolution to authorize use of the Capitol Rotunda for
the unveiling of a bust of President George H. W. Bush.

On June 26, 1991,⁽⁸¹⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
81. 137 Cong. Rec. 16460-62, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

AUTHORIZING USE OF ROTUNDA FOR UNVEILING OF PORTRAIT BUST OF
PRESIDENT GEORGE BUSH

Mr. [William] CLAY [of Missouri]. Madam Speaker, I ask
unanimous consent for the immediate consideration of the Senate
concurrent resolution (S. Con. Res. 49) authorizing the use of the
rotunda of the Capitol for the unveiling of the portrait bust of
President George Bush on June 27, 1991.
The Clerk read the title of the Senate concurrent resolution.
The SPEAKER pro tempore.⁽⁸²⁾ Is there objection to
the request of the gentleman from Missouri?
---------------------------------------------------------------------------
82. Jolene Unsoeld (WA).
---------------------------------------------------------------------------

Mr. [William] BARRETT [of Nebraska]. Madam Speaker, reserving
the right to object, I yield to the gentleman from Missouri [Mr.
Clay] for the purpose of explaining his request.
Mr. CLAY. Madam Speaker, I thank the gentleman for yielding.
Senate Concurrent Resolution 49 authorizes the use of the
rotunda by the Senate Rules Committee for unveiling of the portrait
bust of President George Bush tomorrow, June 27, at 1:30 p.m.
The Senate has asked the House to process the resolution, and
as a matter of comity, the House shall approve this resolution.
Mr. BARRETT. Madam Speaker, I thank the gentleman for his
explanation.
Madam Speaker, George Herbert Walker Bush, now our 41st
President, was the 43d man to serve as Vice President, and only the
14th of our Vice Presidents to later become President of the United
States. We all look forward to the unveiling of the portrait bust
of President Bush, and its placement in the Senate corridors, where
it will join the marble busts of the other men who served the
country as Vice President and fulfilled their constitutional duty
as presiding officer of the Senate.
Madam Speaker, I will not object to the request by the
gentleman from Missouri and withdraw my reservation.
The SPEAKER pro tempore (Mrs. [Jolene] Unsoeld [of
Washington]). Is there objection to the request of the gentleman
from Missouri.
There was no objection.
The Clerk read the Senate concurrent resolution, as follows:

S. Con. Res. 49

Resolved by the Senate (the House of Representatives concurring), That
the Senate Committee on Rules and Administration is authorized to use the
rotunda of the Capitol for the unveiling of the portrait bust of President
George Bush at 2:30 p.m. on June 27, 1991. The Architect of the Capitol and
the Capitol Police Board shall take such action as may be necessary with
respect to physical preparations and security for the ceremony.

The Senate concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

Sec. 7.17 The dean of the Texas delegation announced the ceremonial
unveiling of the portrait of former Speaker Jim Wright of Texas.

On July 10, 1991,⁽⁸³⁾ the following announcement was
made:
---------------------------------------------------------------------------
83. 137 Cong. Rec. 17808, 102d Cong. 1st Sess. See also Deschler's
Precedents Ch. 36 Sec. 21.8.
---------------------------------------------------------------------------

INVITATION TO UNVEILING OF PORTRAIT OF FORMER SPEAKER JIM
WRIGHT

(Mr. [Jack] BROOKS [of Texas] asked and was given permission to
address the House for 1 minute and to revise and extend his
remarks.)
Mr. BROOKS. Mr. Speaker, I would take this opportunity to
invite the Members to the unveiling of the portrait of former
Speaker Jim Wright. It will be done this afternoon at 5 o'clock in
Statuary Hall.
We will be honored by the presence of our current Speaker, the
illustrious gentleman from Washington [Mr. Foley], and by our
current minority leader, the distinguished gentleman from Illinois
[Mr. Michel], and others.
It will not be a long program. We look forward to seeing you
there. We will have a reception immediately after that in the
Rayburn Room, and we look forward to seeing you.

Sec. 7.18 The House agreed to a concurrent resolution directing the
Architect of the Capitol to restore the statue of three
suffragettes (the ``Portrait Monument'') and move it from the
Capitol crypt to the Rotunda for one year while a commission
selects a permanent site and an educational display for the statue.

On September 26, 1996,⁽⁸⁴⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
84. 142 Cong. Rec. 25244, 25246, 104th Cong. 2d Sess. See also
Deschler's Precedents Ch. 36 Sec. 21.8.
---------------------------------------------------------------------------

PROVIDING FOR RELOCATION OF PORTRAIT MONUMENT

Mrs. [Constance] MORELLA [of Maryland]. Mr. Speaker, I ask
unanimous consent that the Committee on House Oversight be
discharged from further consideration of the concurrent resolution
(H. Con. Res. 216) providing for relocation of the portrait
monument, and ask for its immediate consideration in the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore (Mr. [James] Hansen [of Utah]). Is
there objection to the request of the gentlewoman from Maryland?
There was no objection.

The Clerk read the concurrent resolution, as follows:

H. Con. Res. 216

Whereas in 1995, women of America celebrated the 75th anniversary of
their right to participate in our government through suffrage;

Whereas Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony were
pioneers in the movement for women's suffrage and the pursuit of equal
rights; and

Whereas the relocation of the Portrait Monument to a place of prominence
and esteem would serve to honor and revere the contribution of thousands of
women: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That
the Architect of the Capitol shall--

(1) restore the Portrait Monument and place it in the Rotunda of the
Capitol for one year at which time it shall be moved to a permanent site
along with an appropriate educational display, as determined by the
commission created in section 3, and an alternative statue recommended by
the commission shall be placed in the Rotunda;

(2) make all necessary arrangements for a rededication ceremony of the
Portrait Monument in the Rotunda in conjunction with the Woman Suffrage
Statue Campaign; and

(3) use no Federal funds to pay any expense of restoring or moving the
statue.

Sec. 2. The Rotunda of the Capitol is authorized to be used at a time
mutually agreed upon by the majority leader of the Senate and the Speaker
of the House of Representatives for a ceremony to commemorate and celebrate
the statue's return to the Rotunda.

Sec 3. A commission of 11 interested parties, including Senators and
Representatives, will be appointed. The majority leader of the Senate will
appoint three members and the minority leader of the Senate will appoint
two members to the commission. The Speaker of the House of Representatives
will appoint one member, the majority leader of the House of
Representatives will appoint two members, the minority leader of the House
of Representatives will appoint two members, and the Architect of the
Capitol will serve as the eleventh member of the commission. Immediately
following the relocation of the Portrait Monument, the commission shall--

(1) select a permanent site for the Portrait Monument;

(2) plan and develop an educational display to be located near the statue
at its permanent site, describing some of the most dramatic events of the
suffragettes' lives;

(3) select an alternative statue for permanent placement in the Rotunda
of the Capitol to commemorate the struggle of women in America for equal
rights;

(4) provide its recommendation to the Senate and the House of
Representatives no later than one year after the relocation of the Portrait
Monument; and

(5) use no Federal funds to pay any expense of the educational display
and/or relocation of the Portrait Monument.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

On June 24, 1997,⁽⁸⁵⁾ the House by unanimous consent
authorized the extension into the 105th Congress of the authority
granted by the concurrent resolution above:⁽⁸⁶⁾
---------------------------------------------------------------------------
85. 143 Cong. Rec. 11900, 105th Cong. 1st Sess.
86. See Sec. 7.14, supra.
---------------------------------------------------------------------------

AUTHORIZING EXTENSION OF AUTHORITY TO USE THE ROTUNDA FOR
CEREMONY COMMEMORATING THE PLACEMENT OF THE PORTRAIT MONUMENT

Mr. [William] THOMAS [of California]. Mr. Speaker, I ask
unanimous consent that the authorization contained in House
Concurrent Resolution 216, which was passed in the 104th Congress,
relating to the use of the rotunda for a ceremony to commemorate
the placement of the Portrait Monument in the Capitol rotunda, be
extended into this, the 105th Congress, subject to concurrence by
the Senate.
The SPEAKER pro tempore.⁽⁸⁷⁾ Is there objection to
the request of the gentleman from California?
---------------------------------------------------------------------------
87. George Radanovich (CA).
---------------------------------------------------------------------------

Mr. [Steny] HOYER [of Maryland]. Reserving the right to object,
Mr. Speaker, and I will not object, but if there is any further
explanation necessary, I will yield to the gentleman from
California.

Mr. THOMAS. Mr. Speaker, since the Portrait Monument was
actually placed in the rotunda in the 105th Congress we had created
an opportunity for a ceremony in the 104th. Given the rules since
the 104th expired, there is no current ability to hold a ceremony.
What we are asking for is to bring that ceremony authorized in
Concurrent Resolution 216 into the 105th, based upon concurrence by
the Senate.

Mr. HOYER. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.

On June 25, 1997,⁽⁸⁸⁾ the Senate by unanimous consent
``confirmed'' the language of the earlier concurrent resolution as
follows:
---------------------------------------------------------------------------
88. 143 Cong. Rec. 12636, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

UNANIMOUS-CONSENT AGREEMENT--H. CON. RES. 216

Mr. [Charles] GRASSLEY [of Iowa]. Mr. President, I ask
unanimous consent to confirm the language in H. Con. Res. 216
(104th Congress) providing for a ceremony commemorating the
placement of the Portrait Monument in the Capitol rotunda during
the 105th Congress.
The PRESIDING OFFICER.⁽⁸⁹⁾ Without objection, it is
so ordered.
---------------------------------------------------------------------------
89. Michael Enzi (WY).
---------------------------------------------------------------------------

Sec. 7.19 The House by unanimous consent agreed to a Senate concurrent
resolution authorizing the use of the Rotunda for the unveiling of
a portrait bust of Vice President Dan Quayle.

On September 5, 2003,⁽⁹⁰⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
90. 149 Cong. Rec. 21319, 21320, 108th Cong. 1st Sess. See also
Deschler's Precedents Ch. 36 Sec. 21.5.
---------------------------------------------------------------------------

AUTHORIZING THE USE OF THE ROTUNDA OF THE CAPITOL FOR THE
UNVEILING OF THE PORTRAIT BUST OF VICE PRESIDENT DAN QUAYLE ON
SEPTEMBER 10, 2003

Mr. [Robert] NEY [of Ohio]. Mr. Speaker, I ask unanimous
consent to take from the Speaker's table the Senate concurrent
resolution (S. Con. Res. 63) authorizing the use of the rotunda of
the Capitol for the unveiling of the portrait bust of Vice
President Dan Quayle on September 10, 2003, and ask for its
immediate consideration in the House.
The Clerk read the title of the Senate concurrent resolution.
The SPEAKER pro tempore.⁽⁹¹⁾ Is there objection to
the request of the gentleman from Ohio? . . .
---------------------------------------------------------------------------
91. Mac Thornberry (TX).
---------------------------------------------------------------------------

The Clerk read the Senate concurrent resolution, as follows:

Resolved by the Senate (the House of Representatives concurring), That
the Senate Committee on Rules and Administration is authorized to use the
rotunda of the Capitol for the unveiling of the portrait bust of Vice
President Dan Quayle on September 10, 2003. The Architect of the Capitol
and the Capitol Police Board shall take such action as may be necessary
with respect to physical preparations and security for the ceremony.

The Senate concurrent resolution was concurred in.
A motion to reconsider was laid on the table.

Sec. 7.20 The House by unanimous consent considered and passed a bill
authorizing the placement in Statuary Hall of a statue of Rosa
Parks (after adopting an amendment imposing a ten-year moratorium
on the placement of most other statues).

On November 17, 2005,⁽⁹²⁾ the following occurred:
---------------------------------------------------------------------------
92. 151 Cong. Rec. 26849, 26852, 26853, 109th Cong. 1st Sess. See also
Deschler's Precedents Ch. 36 Sec. 21.1.
---------------------------------------------------------------------------

PLACEMENT OF STATUE OF ROSA PARKS IN NATIONAL STATUARY HALL

Mr. [Robert] NEY [of Ohio]. Mr. Speaker, I ask unanimous
consent that the Committee on House Administration be discharged
from further consideration of the bill (H.R. 4145) to direct the
Architect of the Capitol to obtain a statue of Rosa Parks and to
place the statue in the United States Capitol in National Statuary
Hall, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore.⁽⁹³⁾ Is there objection to
the request of the gentleman from Ohio?
---------------------------------------------------------------------------
93. Mac Thornberry (TX).
---------------------------------------------------------------------------

Ms. [Juanita] MILLENDER-McDONALD [of California]. Mr. Speaker,
reserving the right to object, I yield to the gentleman from Ohio
to explain the purpose of this legislation. . . .
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. [John] Kuhl of New York). Is there
objection to the request of the gentleman from Ohio?
There was no objection.
The Clerk read the bill, as follows:

H.R. 4145

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. PLACEMENT OF STATUE OF ROSA PARKS IN NATIONAL STATUARY HALL.

(a) Obtaining Statue.--The Architect of the Capitol shall enter into an
agreement to obtain a statue of Rosa Parks, under such terms and conditions
as the Architect considers appropriate consistent with applicable law.

(b) Placement.--Not later than 2 years after the date of the enactment of
this Act, the Architect shall place the statue obtained under subsection
(a) in the United States Capitol in a suitable permanent location in
National Statuary Hall.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to
carry out this Act, and any amounts so appropriated shall remain available
until expended.

amendment in the nature of a substitute offered by mr. ney

Mr. NEY. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The Clerk read as follows:

Amendment in the nature of a substitute offered by Mr. Ney:

Strike all after the enacting clause and insert the following:

SECTION 1. PLACEMENT OF STATUE OF ROSA PARKS IN NATIONAL STATUARY HALL.

(a) Obtaining Statue.--Not later than 2 years after the date of the
enactment of this Act, the Joint Committee on the Library shall enter into
an agreement to obtain a statue of Rosa Parks, under such terms and
conditions as the Joint Committee considers appropriate consistent with
applicable law.

(b) Placement.--The Joint Committee shall place the statue obtained under
subsection (a) in the United States Capitol in a suitable permanent
location in National Statuary Hall.

SEC. 2. ELIGIBILITY FOR PLACEMENT OF STATUES IN NATIONAL STATUARY HALL.

(a) Eligibility.--No statue of any individual may be placed in National
Statuary Hall until after the expiration of the 10-year period which begins
on the date of the individual's death.

(b) Exceptions.--Subsection (a) does not apply with respect to--

(1) the statue obtained and placed in National Statuary Hall under this
Act; or

(2) any statue provided and furnished by a State under section 1814 of
the Revised Statutes of the United States (2 U.S.C. 2131) or any
replacement statue provided by a State under section 311 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 2132).

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to
carry out this Act, and any amounts so appropriated shall remain available
until expended.

Mr. NEY (during the reading). Mr. Speaker, I ask unanimous
consent that the amendment in the nature of a substitute be
considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Ohio?
There was no objection.
The SPEAKER pro tempore. The question is on the amendment in
the nature of a substitute offered by the gentleman from Ohio (Mr.
Ney).
The amendment in the nature of a substitute was agreed to.
The bill was ordered to be engrossed and read a third time, was
read the third time, and passed.
The title of the bill was amended so as to read: ``A Bill to
direct the Joint Committee on the Library to obtain a statue of
Rosa Parks and to place the statue in the United States Capitol in
National Statuary Hall, and for other purposes.''.
A motion to reconsider was laid on the table.

Sec. 7.21 By unanimous consent, the House considered a resolution
offered by the Majority Leader authorizing and directing the
Sergeant-at-Arms to deliver the mace to the Smithsonian Institution
for repairs during a period of adjournment under circumstances to
ensure that it was safeguarded, and requiring that the mace be
returned to the House before noon on the day the House would
reconvene (or earlier if so directed by the Speaker).

On July 27, 2006,⁽⁹⁴⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
94. 152 Cong. Rec. 16167, 109th Cong. 2d Sess. For similar
authorizations regarding the mace, see H. Res. 1449, 120 Cong.
Rec. 35740, 93d Cong. 2d Sess. (Oct. 16, 1974); H. Res. 487,
130 Cong. Rec. 9514, 98th Cong. 2d Sess. (Apr. 12, 1984); H.
Res. 221, 137 Cong. Rec. 21444, 102d Cong. 1st Sess. (Aug. 2,
1991); and H. Res. 223, 147 Cong. Rec. 15759, 107th Cong. 1st
Sess. (Aug. 2, 2001).
---------------------------------------------------------------------------

AUTHORIZING REPAIR OF MACE OF HOUSE OF REPRESENTATIVES

Mr. [John] BOEHNER [of Ohio]. Mr. Speaker, I offer a resolution
(H. Res. 957) and I ask unanimous consent for its immediate
consideration.
The Clerk read the resolution, as follows:

Resolved,

SECTION 1. REPAIR OF MACE OF HOUSE OF REPRESENTATIVES.

(a) Delivery for Repair.--The Sergeant at Arms of the House of
Representatives is authorized and directed, on behalf of the House of
Representatives, to deliver the mace of the House of Representatives,
following an adjournment of the House pursuant to concurrent resolution, to
the Secretary of the Smithsonian Institution only for the purpose of having
necessary repairs made to the mace and under such circumstances as will
assure that the mace is properly safeguarded.

(b) Return.--The mace shall be returned to the House of Representatives
before noon on the day before the House next reconvenes pursuant to
concurrent resolution or at any sooner time when so directed by the Speaker
of the House of Representatives.

The SPEAKER pro tempore.⁽⁹⁵⁾ Is there objection to
the request of the gentleman from Ohio?
---------------------------------------------------------------------------
95. Tom Feeney (FL).
---------------------------------------------------------------------------

There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 7.22 The House suspended the rules and passed a concurrent
resolution authorizing the use of Emancipation Hall in the Capitol
Visitor Center for the unveiling of a bust of Sojourner Truth.

On April 22, 2009,⁽⁹⁶⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
96. 155 Cong. Rec. 10336, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

AUTHORIZING EMANCIPATION HALL FOR UNVEILING SOJOURNER TRUTH
BUST

Mr. [Robert] BRADY of Pennsylvania. Mr. Speaker, I move to
suspend the rules and agree to the concurrent resolution (H. Con.
Res. 86) authorizing the use of Emancipation Hall in the Capitol
Visitor Center for the unveiling of a bust of Sojourner Truth.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:

H. Con. Res. 86

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF EMANCIPATION HALL FOR UNVEILING OF SOJOURNER TRUTH BUST.

(a) Authorization.--Emancipation Hall in the Capitol Visitor Center is
authorized to be used for an event on April 28, 2009, to unveil a bust of
Sojourner Truth.

Sec. 7.23 By unanimous consent, the House considered and agreed to a
Senate concurrent resolution to authorize use of the catafalque
from the Capitol Visitor Center in funeral services in the Senate
Chamber for deceased Senator Robert C. Byrd.⁽⁹⁷⁾
---------------------------------------------------------------------------
97. Parliamentarian's Note: This marked the first concurrent resolution
directing that the catafalque be taken from its new home in the
Capitol Visitor Center. The catafalque was previously housed in
the crypt beneath the Rotunda.
---------------------------------------------------------------------------

On June 30, 2010,⁽⁹⁸⁾ the following concurrent
resolution was agreed to:
---------------------------------------------------------------------------
98. 156 Cong. Rec. 12403, 111th Cong. 2d Sess.
---------------------------------------------------------------------------

PROVIDING FOR THE USE OF THE CAPITOL VISITOR CENTER CATAFALQUE

Mr. [John] BOCCIERI [of Ohio]. Mr. Speaker, I ask unanimous
consent to take from the Speaker's table the concurrent resolution
(S. Con. Res. 65) providing for the use of the catafalque situated
in the Exhibition Hall of the Capitol Visitor Center in connection
with memorial services to be conducted in the United States Senate
Chamber for the Honorable Robert C. Byrd, late a Senator from the
State of West Virginia, and ask for its immediate consideration in
the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore (Mr. [Ed] Pastor of Arizona). Is there
objection to the request of the gentleman from Ohio?
There was no objection.
The text of the concurrent resolution is as follows:

S. Con. Res. 65

Resolved by the Senate (the House of Representatives concurring), That
the Architect of the Capitol is authorized and directed to transfer the
catafalque which is situated in the Exhibition Hall of the Capitol Visitor
Center to the Senate Chamber so that such catafalque may be used in
connection with services to be conducted there for the Honorable Robert C.
Byrd, late a Senator from the State of West Virginia.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Sec. 7.24 The House suspended the rules and adopted a resolution
authorizing the placement of a statue or bust of Winston Churchill
in the Capitol.

On December 19, 2011,⁽⁹⁹⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
99. 157 Cong. Rec. 21369-70, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING FOR PLACEMENT OF STATUE OR BUST OF WINSTON CHURCHILL
IN CAPITOL

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to
suspend the rules and agree to the resolution (H. Res. 497) to
provide for the placement of a statue or bust of Sir Winston
Churchill in the United States Capitol.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 497

Whereas Sir Winston Churchill was Prime Minister of the United Kingdom
from 1940 through 1945 and from 1951 through 1955;

Whereas the United States and the United Kingdom led the Allied Powers
during World War Two;

Whereas President Franklin Delano Roosevelt and Sir Winston Churchill
formed a bond that united freedom-loving people throughout the world to
defeat tyranny in Europe and Asia;

Whereas, on December 26, 1941, Sir Winston Churchill addressed a Joint
Session of Congress;

Whereas during that speech, Sir Winston Churchill said, ``Sure I am that
this day--now we are the masters of our fate; that the task which has been
set us is not above our strength; that its pangs and toils are not beyond
our endurance. As long as we have faith in our cause and an unconquerable
will-power, salvation will not be denied us. In the words of the Psalmist,
`He shall not be afraid of evil tidings; his heart is fixed, trusting in
the Lord.' Not all the tidings will be evil.'';

Whereas December 26, 2011, is the 70th anniversary of this speech to a
joint session of Congress;

Whereas Sir Winston Churchill was made an Honorary Citizen of the United
States by an act of Congress in 1963;

Whereas Sir Winston Churchill was awarded the Congressional Gold Medal in
1969;

Whereas Sir Winston Churchill's persistence, determination and resolve
remains an inspiration to freedom-fighters all over the world;

Whereas the United Kingdom remains and will forever be an important and
irreplaceable ally to the United States; and

Whereas the United States Capitol does not currently appropriately
recognize the contributions of Sir Winston Churchill or that of the United
Kingdom: Now, therefore, be it

Resolved, That the Architect of the Capitol place an appropriate statue
or bust of Sir Winston Churchill in the United States Capitol at a location
directed by the House Fine Arts Board in consultation with the Speaker. . .

The SPEAKER pro tempore.⁽¹⁰⁰⁾ The question is on the
motion offered by the gentleman from California (Mr. Daniel E.
Lungren) that the House suspend the rules and agree to the
resolution, H. Res. 497.
---------------------------------------------------------------------------
100. Steven LaTourette (OH).
---------------------------------------------------------------------------

The question was taken; and (two-thirds being in the
affirmative) the rules were suspended and the resolution was agreed
to.
A motion to reconsider was laid on the table.

Sec. 8. House Office Buildings

As noted above,⁽¹⁾ House office buildings fall under the
jurisdiction of the Architect of the Capitol (who appoints the House
Superintendent) and the House Office Building Commission.⁽²⁾
The three main House office buildings are the Cannon Building
(completed 1908), the Longworth Building (completed 1933), and the
Rayburn Building (completed 1965). All three buildings were named after
former Speakers of the House and all personal offices of Members of the
House are located in those buildings. In 1939, the building now known
as the Ford Building was constructed, and for many years housed offices
of the executive branch (including the Federal Bureau of
Investigation). In 1975, the building was acquired by the Architect of
the Capitol for use by the House of Representatives, and in 1990 it was
renamed after former Minority Leader (and later President) Gerald
Ford.⁽³⁾ Another building (formerly the Congressional Hotel)
was acquired at the same time as the Ford Building, and was renamed
after former Speaker Thomas O'Neill of Massachusetts.⁽⁴⁾
This building used to contain both House offices and a dormitory for
House Pages, but was demolished in 2002. In 2008, a Federal building
next to the Ford Building was extensively renovated and its use split
between the Department of Health and Human Services and the House of
Representatives. In 2012, this building was named after former Speaker
Thomas O'Neill of Massachusetts,⁽⁵⁾ and in 2017, it was
formally made a House office building under the jurisdiction of the
Architect of the Capitol.⁽⁶⁾
---------------------------------------------------------------------------
1. See Sec. 7, supra.
2. Parliamentarian's Note: The Speaker traditionally appoints the
Majority Leader and the Minority Leader to serve (together with
the Speaker) on the Commission. See, e.g., Sec. 8.3, infra.
3. See Sec. 7.2, supra.
4. Id.
5. See 158 Cong. Rec. 15578-81, 112th Cong. 2d Sess. (Nov. 28, 2012).
The House-passed text was incorporated into P.L. 112-237, 126
Stat. 1628.
6. P.L. 114-254, 130 Stat. 1005.
---------------------------------------------------------------------------

The Speaker has inserted into the Congressional Record rules and
policies promulgated by the House Office Building
Commission.⁽⁷⁾ Classified security briefings have been held
in House office buildings,⁽⁸⁾ and offices have been
temporarily relocated from House office buildings to address security
or safety issues.⁽⁹⁾
---------------------------------------------------------------------------
7. See Sec. 8.1, infra. See also Deschler's Precedents Ch. 4
Sec. Sec. 6.1, 6.3.
8. See Sec. 1.15, supra.
9. See Sec. 8.2, infra. For a question of privilege regarding fire
safety in House office buildings, see Sec. 1.8, supra.
---------------------------------------------------------------------------

Sec. 8.1 The Speaker inserted in the Congressional Record the rules and
procedures governing the selection and assignment of suites in the
House office buildings, promulgated by the House Office Building
Commission.

On June 19, 1978,⁽¹⁰⁾ the following occurred:
---------------------------------------------------------------------------
10. 124 Cong. Rec. 18209-10, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

HOUSE OFFICE BUILDING COMMISSION RULES AND PROCEDURES

(Mr. O'NEILL (at the request of Mr. Evans of Georgia) asked and
was given permission to extend his remarks at this point in the
Record and to include extraneous matter.)
Mr. [Thomas] O'NEILL [of Massachusetts]. Mr. Speaker, this is
to advise Members that, effective June 7, 1978, the House Office
Building Commission has approved the attached Rules and Procedures
Governing the Selection and Assignment of Suites in the House
Office Buildings, as recommended by the Commission at its meeting
on October 20, 1977.
House Office Building Commission, House of Representatives
rules and procedures governing the selection and assignment of
suites in the house office buildings
The following rules and procedures for the selection and
assignment of suites to Members are hereby adopted by the House
Office Building Commission:

Rule 1. Office vacancies occurring during a session of
Congress.

1.1 If an office shall become vacant during a session of
Congress, due to death or resignation of a Member or for any
reason, it shall not be assigned for a period of 10 days from the
day of the vacancy. Beginning at 12:00 o'clock noon on the sixth
day (or the next day if it falls on a Sunday) from the day of
vacancy and ending at 12:00 o'clock noon on the tenth day (or the
next day if it falls on a Sunday), the Superintendent of the House
Office Buildings shall accept. in writing, applications (provided
for convenience by the Superintendent) from Members for the
vacancy. At 12:00 o'clock noon on the tenth day (or the next day if
It falls on a Sunday) the vacant office will be assigned to the
Member with the longest continuous service.
1.2 In the case of Members of equal service the one whose
application was first received in the Superintendent's office shall
have priority; if applications from Members of equal service are
received at the same time, priority shall be determined by lot.
1.3 There shall be a 30-day period from the date of the vacancy
before the occupants shall be required to move.
1.4 For the purposes of this Rule, the day of the vacancy shall
begin at 12:00 o'clock noon on the day following the effective date
of a Member's resignation or other termination reason, or the day
following the death of a Member.

Rule 2. Assignment of offices following November general
elections

2.1 Following election day, the Superintendent of the House
Office Buildings, under the direction of the House Office Building
Commission, shall be responsible for preparing and issuing a
schedule of dates on which suite applications will be received
from, and suites assigned to, reelected Members, reelected former
Members, and Members-elect without prior service.
2.2 Reelected Members and Reelected Former Members. The
application and assignment schedule shall be arranged in a manner
that will provide an opportunity for reelected Members and
reelected former Members to apply for vacant suites, with the order
of priority for selection and assignment based on length of
continuous service and with the longest continuous service having
the highest priority. The Superintendent of the House Office
Buildings shall deliver a copy of these rules and procedures, along
with the schedule of dates for applying, to each reelected Member
on Thursday following the election, and it shall then become
incumbent upon each related Member to apply for a suite at the
allotted time if he/she so desires. At the same time the
Superintendent of the House Office Buildings shall mail a copy of
these rules and procedures and the schedule application dates to
each reelected former Member. Only written application forms
(provided for convenience by the Superintendent) for vacant suites
will be received by the Superintendent of the House Office
Buildings; these applications will be listed In the order that they
are received. If a Member desires to have someone on his staff act
in his behalf In applying for vacant offices, the Superintendent
must be so notified in writing by the Member.
2.2.1 No Member will be permitted to apply before the allotted
day and opening time, nor after the allotted day and closing time.
2.2.2 A Member may apply for only one suite at a time; the
Member may revise the application during the selection time
allotted to his or her seniority group.
2.2.3 Assignments shall be made in accordance with the
provisions of rule 1.2.
2.2.4 A Member who applies for a suite which Is then assigned
to that Member, must move.
2.3 Members-elect without prior service. Between the hours of
9:00 o'clock a.m. and 12 o'clock noon, on the date stated In the
application and assignment schedule, Members-elect without prior
service, or their authorized representatives, will draw numbers
from a box to determine the order of their choice of an office from
those remaining available. One individual may represent any number
of Members-elect but he or she must draw a separate number for each
person so represented and written authority from the Member-elect
that is represented must be submitted. The numbers drawn will be
recorded immediately and the card bearing the number drawn must be
inscribed with the name of the Member-elect for whom It is drawn.
This card Is to be retained by the Member-elect or his
representative and presented to the Superintendent of the House
Office Buildings at 1:00 o'clock P.M. the same day at which time
offices will be chosen and assigned in the numerical order of the
numbers drawn. If more than one number is drawn out of the box at
one time the higher number shall prevail and the other numbers
shall be replaced In the box.
Rule 3. Members-elect without prior service or their accredited
representatives who have not participated in the drawing will make
their applications for offices In writing with the Superintendent
of the House Office Buildings. Assignments shall be made in
accordance with the provisions in Rule 1.2.
Rule 4. Unless otherwise provided by the House Office Building
Commission, Members of Congress who will not be Members of the
succeeding Congress must vacate their suites by 12:00 o'clock noon
on December 15 of the Second Session of a Congress in order that
offices may be made ready for Members of the next Congress.
Rule 5. The Superintendent of the House Office Buildings is
directed to carry out the provisions of these rules.
Thomas P. O'Neill, Jr.,
Chairman.

James C. Wright, Jr.,
Member.

John J. Rhodes,
Member.

June 7, 1978.
Schedule of Dates on Which Applications Will Be Received and
Suites Assigned Following November, 1978 Elections
Noon, November 13th, to Noon, November 14th--all Members who
have served 14 or more terms.
Noon, November 14th, to Noon, November 15th--Members who have
served 13 terms.
Noon, November 15th, to Noon, November 16th--Members who have
served 12 terms.
Noon, November 16th, to Noon, November 17th--Members who have
served 11 terms.
Noon, November 20th, to Noon, November 21st--Members who have
served 10 terms.
Noon, November 21st, to Noon, November 22d--Members who have
served 9 terms.
Noon, November 27th, to Noon, November 28th--Members who have
served 8 terms.
Noon, November 28th, to Noon, November 29th--Members who have
served 7 terms.
Noon, November 29th, to Noon, November 30th--Members who have
served 6 terms.
Noon, November 30th, to Noon, December 1st--Members who have
served 5 terms.
Noon, December 4th, to Noon, December 5th--Members who have
served 4 terms.
Noon, December 5th, to Noon, December 6th--Members who have
served 3 terms.
Noon, December 6th, to Noon, December 7th--Members who have
served 2 terms.
Noon, December 7th, to Noon, December 8th--Members who have
served 1 term.
Members-elect without prior service, or their accredited
representative, will draw for determination of selection priority
on December 11, 1978, between the hours of 9:00 a.m. and 12:00
noon, in accordance with provisions set forth in Rule 2.3.
Selection of suites will take place at 1:00 p.m. on the same day.
Brief Commentary Regarding New Rules for Suite Selection
To assist in interpretation, the following comments are
submitted concerning several basic changes that have been made in
the rules and procedures for the selection and assignment of office
space to Members:
(1) The new rules and procedures provide for specific dates for
Members to apply for suites, following the general elections in
November, based on their period of longest continuous service.
Previously, Members could apply for suites on any of the dates
during November, when applications were being received ``Bumping''
by Members could take place during the entire selection process;
that procedure caused considerable confusion. The new rules and
procedures continue the seniority system, but in a systematized and
more limited manner.
The order of priority for selection of available suites will
continue to be based on the period of longest continuous service;
however, once having selected a suite in a particular length-of-
service group the Member in that service group will no longer have
a second opportunity to make a selection from other suites that
become available during the remainder of the selection process.
(2) A Member who applies for a suite which is then assigned to
that Member, must move; the application for a different suite
automatically places the Member's former suite in the selection
pool from which it may not thereafter be withdrawn by that Member,
unless withdrawn prior to the closing date for the Member's service
group.
(3) A Member who desires to be represented during the selection
process must designate such a representative in writing.
Previously, only Members-elect without prior service were required
to designate a representative in writing to participate in the
selection process.
(4) Members of Congress who will not be Members of the
succeeding Congress must vacate their suites by 12 o'clock noon on
December 15, of the Second Session of a Congress, unless otherwise
approved by the House Office Building Commission.
June 7, 1978.

Sec. 8.2 The House suspended the rules and adopted a resolution
expressing the gratitude of the House to the General Accounting
Office⁽¹¹⁾ for accommodating Members and staff of the
House and its committees in the GAO office building in northeast
Washington during a recent closure of the House office buildings.
---------------------------------------------------------------------------
11. The General Accounting Office was renamed the Government
Accountability Office in 2004. See P.L. 108-271, 118 Stat. 811.
---------------------------------------------------------------------------

On November 27, 2001,⁽¹²⁾ the following resolution was
agreed to:
---------------------------------------------------------------------------
12. 147 Cong. Rec. 23058, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

EXPRESSING THE GRATITUDE OF HOUSE OF REPRESENTATIVES TO GENERAL
ACCOUNTING OFFICE

Mr. [Robert] NEY [of Ohio]. Mr. Speaker, I move to suspend the
rules and agree to the resolution (H. Res. 294) expressing the
gratitude of the House of Representatives to the General Accounting
Office and its employees for enabling the House to continue its
work while the House office buildings were closed due to the
presence of Anthrax.
The Clerk read as follows:

H. Res. 294

Whereas the House of Representatives recently found it necessary to close
its office buildings to Members, staff, and the public due to the presence
of Anthrax;

Whereas the Comptroller General made an offer to the House of
Representatives to make the General Accounting Office's building and
equipment available to the Members and staff of the House of
Representatives during the period in which the House office buildings were
closed, an offer the House gratefully accepted;

Whereas the House's subsequent temporary use of General Accounting Office
workspaces, telephones, computers, and other equipment imposed an
inconvenience on the employees of the Office, who graciously vacated their
worksites; and

Whereas the sacrifices made by employees of the General Accounting Office
during this period enabled the House of Representatives to continue its
legislative work on behalf of the people of the United States: Now,
therefore, be it

Resolved, That the House of Representatives expresses its gratitude to
the General Accounting Office for accommodating the House during the recent
closure of the House office buildings, and sincerely thanks the hundreds of
General Accounting Office employees who generously vacated their workspaces
and otherwise helped to make it possible for the work of the House to
continue during this period.

Sec. 2. The Clerk of the House of Representatives shall transmit a copy
of this resolution to the Comptroller General of the United States.

The SPEAKER pro tempore.⁽¹³⁾ Pursuant to the rule,
the gentleman from Ohio (Mr. Ney) and the gentleman from North
Carolina (Mr. Price) each will control 20 minutes.
---------------------------------------------------------------------------
13. Johnny Isakson (GA).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Ohio (Mr. Ney).
Mr. NEY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise here today on behalf of my colleague, the
gentleman from Maryland (Mr. Hoyer), of the Committee on House
Administration for consideration of H. Res. 294. This resolution
expresses the gratitude of the House of Representatives to the
General Accounting Office and its employees for enabling the House
to continue its work while the House office buildings were closed
due to the presence of anthrax.
Mr. Speaker, I want the citizens of the United States to know
that later on representatives on behalf of all employees of the GAO
will be present in the Capitol in Statuary Hall so that we may
speak with them and personally express our gratitude.

Sec. 8.3 Pursuant to statute,⁽¹⁴⁾ the Speaker appointed the
Majority and Minority Leaders to serve with herself on the House
Office Building Commission.
---------------------------------------------------------------------------
14. 2 U.S.C. 2001.
---------------------------------------------------------------------------

On January 6, 2009,⁽¹⁵⁾ the following occurred:
---------------------------------------------------------------------------
15. 155 Cong. Rec. 25, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

APPOINTMENT OF MEMBERS TO HOUSE OFFICE BUILDING COMMISSION

The SPEAKER pro tempore.⁽¹⁶⁾ Pursuant to 2 U.S.C.
2001, and the order of the House of today, the Chair announces the
Speaker's appointment of the gentleman from Maryland (Mr. Hoyer)
and the gentleman from Ohio (Mr. Boehner) as members of the House
Office Building Commission to serve with herself.
---------------------------------------------------------------------------
16. Tammy Baldwin (WI).
---------------------------------------------------------------------------

Sec. 9. The Capitol Visitor Center

Plans for a Capitol Visitor Center began as early as the 1970s, but
it wasn't until the 1990s that formal design reports were finally
issued. Those designs underwent significant revisions after the
shooting of two U.S. Capitol Police officers in 1998 and the terrorist
attacks of September 11, 2001. Groundbreaking took place in 2000 and
the Capitol Visitor Center officially opened on December 2, 2008. The
entire Center is located below ground, on the East Front of the
Capitol, and contains numerous exhibits, artworks, and meetings spaces
for Members of the House and Senators. In 2007, the great hall of the
Capitol Visitor Center was designated ``Emancipation
Hall.''⁽¹⁾ In 2008, Congress established an ``Office of the
Capitol Visitor Center'' within the Office of the Architect of the
Capitol, and further clarified jurisdiction over the
Center.⁽²⁾ In 2011, one of the rooms in the Center was named
the ``Gabriel Zimmerman Meeting Room,'' to honor a Capitol Hill
employee killed at a district event.⁽³⁾ Congress has
authorized the use of the Capitol Visitor Center for ceremonial
occasions⁽⁴⁾ and for classified security briefings for
Members.⁽⁵⁾
---------------------------------------------------------------------------
1. See Sec. 9.1, infra.
2. See Sec. 9.2, infra.
3. See Sec. 9.4, infra.
4. See Sec. 7.13, supra.
5. See Sec. 9.3, infra.
---------------------------------------------------------------------------

Sec. 9.1 The House suspended the rules and passed a bill reported from
the Committee on Transportation and Infrastructure to name the
great hall of the Capitol Visitor Center as ``Emancipation Hall.''

On November 13, 2007,⁽⁶⁾ the following bill was passed:
---------------------------------------------------------------------------
6. 153 Cong. Rec. 30974, 110th Cong. 1st Sess.
---------------------------------------------------------------------------

PROVIDING THAT THE GREAT HALL OF THE CAPITOL VISITOR CENTER
SHALL BE KNOWN AS EMANCIPATION HALL

Ms. [Eleanor] NORTON [of District of Columbia]. Mr. Speaker, I
move to suspend the rules and pass the bill (H.R. 3315) to provide
that the great hall of the Capitol Visitor Center shall be known as
Emancipation Hall.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3315

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. DESIGNATION OF GREAT HALL OF THE CAPITOL VISITOR CENTER AS
EMANCIPATION HALL.

(a) In General.--The great hall of the Capitol Visitor Center shall be
known and designated as ``Emancipation Hall'', and any reference to the
great hall in any law, rule, or regulation shall be deemed to be a
reference to Emancipation Hall.

(b) Effective Date.--This section shall apply on and after the date of
the enactment of this Act.

Sec. 9.2 The House suspended the rules and passed a bill establishing
within the Office of the Architect of the Capitol an Office of the
Capitol Visitor Center to provide for the effective management and
administration of the Capitol Visitor Center.

On March 5, 2008,⁽⁷⁾ the following bill was passed:
---------------------------------------------------------------------------
7. 154 Cong. Rec. 3224, 3225, 110th Cong. 2d Sess.
---------------------------------------------------------------------------

CAPITOL VISITOR CENTER ACT OF 2008

Mr. [Robert] BRADY [of Pennsylvania]. Mr. Speaker, I move to
suspend the rules and pass the bill (H.R. 5159) to establish the
Office of the Capitol Visitor Center within the Office of the
Architect of the Capitol, headed by the Chief Executive Officer for
Visitor Services, to provide for the effective management and
administration of the Capitol Visitor Center, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 5159

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be Seed as the ``Capitol Visitor Center
Act of 2008''. . . .

SEC. 101. DESCRIPTION AND PURPOSES OF CAPITOL VISITOR CENTER.

(a) Treatment as Part of Capitol.--In this Act, the ``Capitol Visitor
Center'' is the facility authorized for construction under the heading
``Capitol Visitor Center'' under chapter 5 of title II of division B of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277; 112 Stat. 2681-569), and such facility shall be
considered to be part of the United States Capitol for all provisions of
law in accordance with this Act. . . .

SEC. 102. OVERSIGHT OF COMMITTEES.

The Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives (hereafter in this
Act referred to as the ``supervising Committees'') shall exercise policy
review and oversight over the Capitol Visitor Center.

SEC. 103. SPECIAL RULE FOR CERTAIN SPACES IN THE CAPITOL VISITOR CENTER.

(a) Senate and House of Representatives Expansion Space.--Notwithstanding
any other provision of this Act, the Senate and House of Representatives
expansion space described as ``unassigned space'' under the heading
``Architect of the Capitol, Capitol Visitor Center'' in the Legislative
Branch Appropriations Act, 2002 (Public Law 107-68; 115 Stat. 588)--

(1) shall not be treated as part of the Capitol Visitor Center for
purposes of this Act; and

(2) shall be treated for purposes of law (including rules of the House of
Representatives and Senate)--

(A) in the case of space assigned for the use of the Senate, as part of
the Senate wing of the Capitol and subject to the authority and control of
the Committee on Rules and Administration of the Senate, or

(B) in the case of space assigned for the use of the House, as part of
the House of Representatives wing of the Capitol and subject to the
authority and control of the Speaker.

(b) Treatment of Congressional Auditorium and Related Adjacent Areas.--

(1) In general.--Notwithstanding any other provision of this Act, the
space in the Capitol Visitor Center known as the Congressional Auditorium,
together with each of the areas referred to in paragraph (2), shall be
assigned for Congressional use by the Chief Executive Officer for Visitor
Services under guidelines established by the supervising Committees.

(2) Areas described.--The areas referred to in this paragraph are as
follows, as identified and designated by the Architect of the Capitol on
October 1, 2007:

(A) The North Congressional Meeting Room (CVC268) and the South
Congressional Meeting Room (CVC217).

(B) The North Pre-function Area (CVC268CR) and the South Pre-function
Area (CVC217CR).

(D) The North Cloak Room (CVC210) and the South Cloak Room (CVC208).

(E) The Projection Room (CVC209).

(F) The Green Room (CVC207).

(G) The TV Control Room (CVC105).

(H) Offices CVC101, CVC102, CVC103, CVC104, CVC106, CVC204, and CVC205.

Sec. 9.3 The Majority Leader took the floor by unanimous consent to
announce the scheduling of a classified briefing in the Capitol
Visitor Center.

On April 25, 2013,⁽⁸⁾ the following occurred:
---------------------------------------------------------------------------
8. 159 Cong. Rec. H2322 [Daily Ed.], 113th Cong. 1st Sess. For a list
of similar security briefings, see Precedents (Wickham) Ch. 1
Sec. 10.1.
---------------------------------------------------------------------------

ANNOUNCEMENT OF CLASSIFIED BRIEFING REGARDING SYRIA AND NORTH
KOREA

(Mr. CANTOR asked and was given permission to address the House
for 1 minute.)
Mr. [Eric] CANTOR [of Virginia]. Mr. Speaker, today, the
administration has confirmed that the Assad regime in Syria has
crossed a dangerous, game-changing red line, using chemical weapons
against its own citizens.
The Syrian conflict has raged for many months, and nearly
100,000 Syrian civilians have been killed. The conflict now
threatens to spill over Syria's borders, destabilizing key American
allies. This dangerous conflict threatens American national
security interests in the region.
I wanted to take this opportunity, Mr. Speaker, to urge Members
to attend the classified briefing that the administration will be
providing tomorrow morning at 9:30 a.m. in the CVC auditorium.
Secretary of State Kerry, Deputy Secretary of Defense Ash Carter,
Vice Chairman of the Joint Chiefs Admiral Sandy Winnefeld, and
Deputy Director of National Intelligence Robert Cardillo will be
there to brief Members on the situations in both Syria and in North
Korea.
With that, Mr. Speaker, I'd like to say to Members that we
won't be having another vote in this series.

Sec. 9.4 The House passed a resolution honoring an employee who was
killed at a district event by designating a room in the Capitol
Visitor Center as the ``Gabriel Zimmerman Meeting Room.''

On November 30, 2011,⁽⁹⁾ the House considered the
following resolution and adopted the resolution on December 1,
2011:⁽¹⁰⁾
---------------------------------------------------------------------------
9. 157 Cong. Rec. 18427, 18434, 112th Cong. 1st Sess.
10. Id. at 18559.
---------------------------------------------------------------------------

GABRIEL ZIMMERMAN MEETING ROOM

Mr. [Chuck] FLEISCHMANN [of Tennessee]. Madam Speaker, I move
to suspend the rules and agree to the resolution (H. Res. 364)
designating room HVC 215 of the Capitol Visitor Center as the
``Gabriel Zimmerman Meeting Room''.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 364

Whereas public events allowing Members of Congress to meet with
constituents are an intrinsic element of American democracy and
representative government;

Whereas at approximately 10:10 a.m. on January 8, 2011, a gunman
attempted the assassination of Congresswoman Gabrielle Giffords, opening
fire at her ``Congress on your Corner'' event in front of a Safeway
supermarket in Tucson, Arizona, killing 6 and wounding 13, including
Congresswoman Giffords;

Whereas Christina-Taylor Green, Dorothy Morris, John Roll, Phyllis
Schneck, Dorwan Stoddard, and Gabriel Zimmerman lost their lives in the
attack;

Whereas Gabriel Zimmerman began his Congressional career in January 2007
as Constituent Services Supervisor for then newly elected Congresswoman
Giffords, a role in which he supervised a robust constituent services
operation and worked directly with the people of Arizona's Eighth
Congressional District to help them resolve problems with Federal agencies
and to offer other forms of assistance;

Whereas Gabriel Zimmerman then served as Congresswoman Giffords' Director
of Community Outreach, a position in which he proactively engaged the
Congresswoman and her office with constituencies, organizations, and
citizens throughout southern Arizona;

Whereas Gabriel Zimmerman organized hundreds of events to allow
constituents to meet with Congresswoman Giffords while serving as Director
of Community Outreach, and led the organization, planning, and
implementation of Congresswoman Giffords' January 8, 2011 ``Congress on
your Corner'' event;

Whereas Gabriel Zimmerman was a 1998 graduate of University High School
in Tucson, Arizona, a 2002 graduate of the University of California at
Santa Cruz, and a 2006 graduate of Arizona State University, where he
received a Masters in social work;

Whereas prior to joining Congresswoman Giffords' staff, Gabriel Zimmerman
was a social worker assisting troubled youth;

Whereas Gabriel Zimmerman was an outdoor enthusiast, all-around athlete,
and lover of history, who at the time of his death at the age of 30 was
engaged to be married, and who was known and respected by countless
individuals throughout the Eighth Congressional District;

Whereas staff serve a vital role in the Congress, allowing the
legislative branch to exercise its critical constitutional duties and
enabling Members to effectively represent their constituents;

Whereas over 15,000 individuals are currently serving as Congressional
staffers;

Whereas, on January 8, 2011, Speaker John Boehner stated, in reaction to
the Tucson shooting, ``I am horrified by the senseless attack on
Congresswoman Gabrielle Giffords and members of her staff. An attack on one
who serves is an attack on all who serve.''; and

Whereas Gabriel Zimmerman was the first Congressional staffer in history
to be murdered in the performance of his official duties: Now, therefore,
be it

Resolved, That room HVC 215 of the Capitol Visitor Center is designated
as the ``Gabriel Zimmerman Meeting Room''.

The SPEAKER pro tempore.⁽¹¹⁾ Pursuant to the rule,
the gentleman from Tennessee (Mr. Fleischmann) and the gentlewoman
from the District of Columbia (Ms. Norton) each will control 20
minutes.
---------------------------------------------------------------------------
11. Candice Miller (MI).
---------------------------------------------------------------------------

The Chair recognizes the gentleman from Tennessee. . . .

The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from Tennessee (Mr. Fleischmann) that the House
suspend the rules and agree to the resolution, H. Res. 364.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-
thirds being in the affirmative, the ayes have it.
Ms. [Debbie] WASSERMAN SCHULTZ [of Florida]. Madam Speaker, on
that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX,
further proceedings on this question will be postponed. . .
. -------------------

GABRIEL ZIMMERMAN MEETING ROOM

The SPEAKER pro tempore.⁽¹²⁾ The unfinished business
is the vote on the motion to suspend the rules and agree to the
resolution (H. Res. 364) designating room HVC 215 of the Capitol
Visitor Center as the ``Gabriel Zimmerman Meeting Room'', on which
the yeas and nays were ordered.
---------------------------------------------------------------------------
12. Lynn Westmoreland (GA).
---------------------------------------------------------------------------

The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from Tennessee (Mr. Fleischmann) that the House
suspend the rules and agree to the resolution.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas
419, nays 0, not voting 14, as follows: . . .
So (two-thirds being in the affirmative) the rules were
suspended and the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

Sec. 10. The Senate Chamber

The Senate Chamber is located on the north side of the Capitol
building and, like the House Chamber, has been renovated on numerous
occasions to allow for the introduction of new technologies. As early
as the 1920s, the Senate Chamber was equipped with audio microphones
for use by Senators. Television broadcasting of Senate proceedings did
not occur until 1986,⁽¹⁾ though prior to this time the
Senate did authorize limited, ad hoc broadcasts of certain
proceedings.⁽²⁾ During the impeachment trial of President
William Clinton, the Senate authorized additional lighting and
broadcasting equipment to be used in the Senate Chamber.⁽³⁾
The Senate Chamber has also been utilized for funeral services for a
deceased Senator.⁽⁴⁾
---------------------------------------------------------------------------
1. See Sec. 10.2, infra.
2. See Sec. 10.1, infra.
3. See Sec. 10.7, infra.
4. See Sec. 7.23, supra.
---------------------------------------------------------------------------

The Senate Chamber has been used for the opposing party's response
to the President's state of the Union address,⁽⁵⁾ and Senate
proceedings have been translated live by a sign language interpreter on
the floor.⁽⁶⁾ Senators have agreed to meet in the Old Senate
Chamber (also located within the Capitol) to discuss a classified
treaty.⁽⁷⁾ When a disturbance occurs in the Senate gallery,
the Presiding Officer may order the galleries cleared.⁽⁸⁾
Senate floor privileges have been extended to the House Parliamentarian
during various Congresses.⁽⁹⁾
---------------------------------------------------------------------------
5. See Sec. 10.3, infra.
6. See Sec. 10.6, infra.
7. See Sec. 10.4, infra.
8. See Sec. 10.5, infra.
9. See Sec. 10.8, infra.
---------------------------------------------------------------------------

On one occasion, the Senate met in pro forma session at the nearby
Postal Square Building, due to an earthquake in the Washington, D.C.,
area.⁽¹⁰⁾
---------------------------------------------------------------------------
10. See Sec. 10.9, infra.
---------------------------------------------------------------------------

Sec. 10.1 By unanimous consent, the Senate considered a resolution
authorizing ad hoc radio and television coverage of Senate
proceedings (relating to the determination of a contested election
for a seat from the state of New Hampshire).

On June 9, 1975,⁽¹¹⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
11. 121 Cong. Rec. 17864-65, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

Mr. ROBERT C. BYRD [of West Virginia]. Mr. President, I ask
unanimous consent that the pending business before the Senate be
temporarily laid aside for not to exceed 5 minutes, and that the
Senate resume the consideration of Senate Resolution 177.
The PRESIDING OFFICER.⁽¹²⁾ Without objection, it is
so ordered. The resolution will be stated by title.
---------------------------------------------------------------------------
12. James Abourezk (SD).
---------------------------------------------------------------------------

The assistant legislative clerk read as follows:

A resolution (S. Res. 177) to permit radio, television, and photographic
coverage of all proceedings of the Senate relating to the determination of
the contested election for a seat in the United States Senate from the
State of New Hampshire. . . .

The PRESIDING OFFICER. The question is on agreeing to the
resolution, as amended.
The resolution (S. Res. 177) as amended, was agreed to, as
follows:

Resolved, That the proceedings in open session of the Senate with respect
to the determination of the contested election for a seat in the United
States Senate from the State of New Hampshire may be broadcast by radio and
television, contingent upon some limitations of debate being ordered by the
Senate. Rule IV of the Rules for Regulation of the Senate wing of the
United States Capitol is also accordingly suspended for the purpose of
photography, contingent upon some limitation of debate being ordered by the
Senate. Be it further

Resolved, That such broadcasting shall be accomplished in conformity with
procedures thereon agreed upon by the joint floor leadership. The
implementation of such procedures shall be effected by the joint floor
leadership after consultation with the chairman and ranking minority member
of the Committee on Rules and Administration.

Mr. HUGH SCOTT [of Pennsylvania]. Mr. President, I move to
reconsider the vote by which the resolution was agreed to.
Mr. [Michael] MANSFIELD [of Montana]. I move to lay that motion
on the table.
The motion to lay on the table was agreed to.

Sec. 10.2 Over the course of several years, the Senate authorized
studies and limited experiments in audio and television coverage of
its proceedings, culminating in full cable broadcast of Senate
proceedings on the Cable-Satellite Public Affairs Network (C-SPAN)
in 1986.

On April 21, 1982,⁽¹³⁾ the Senate agreed to a resolution
directing its Committee on Rules and Administration to provide for
television and radio coverage of Senate sessions, said resolution to
become effective on the date the Senate agreed to a subsequent
resolution reported by that committee containing regulations to
implement such coverage:
---------------------------------------------------------------------------
13. 128 Cong. Rec. 7306, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

The PRESIDING OFFICER.⁽¹⁴⁾ The question is on
agreeing to the resolution, as amended.
---------------------------------------------------------------------------
14. Dan Quayle (IN).
---------------------------------------------------------------------------

The resolution (S. Res. 20), as amended, was passed as follows:

S. Res. 20

Resolved, That the Committee on Rules and Administration is authorized
and directed to provide for television and/or radio coverage (including
videotapes and radio broadcasting recordings) of proceedings in the Senate
Chamber. This resolution shall become effective on the date on which the
Senate agrees to a resolution which is hereby required to be reported by
the Senate Committee on Rules and Administration 60 days from adoption of
this resolution containing such regulations and/or rules changes needed to
implement television and/or radio coverage of the Senate.

Mr. [Howard] BAKER [of Tennessee]. Mr. President, I move to
reconsider the vote by which the resolution was agreed to.
Mr. ROBERT C. BYRD [of West Virginia]. I move to lay that
motion on the table.
The motion to lay on the table was agreed to.

On February 27, 1986,⁽¹⁵⁾ the Senate adopted a
resolution providing, inter alia, for radio coverage of Senate
proceedings to begin immediately and for live continuous television
coverage to begin on June 1, 1986, terminating on July 15, 1986, with a
requirement that the Senate vote on permanent television coverage:
---------------------------------------------------------------------------
15. 132 Cong. Rec. 3130-32, 3151, 3156, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

TV AND RADIO COVERAGE OF SENATE PROCEEDINGS

The PRESIDING OFFICER.⁽¹⁶⁾ The clerk will state the
pending business.
---------------------------------------------------------------------------
16. Daniel Evans (WA).
---------------------------------------------------------------------------

The legislative clerk read as follows:
A resolution (S. Res. 28) to improve Senate proceedings.
The Senate resumed consideration of the resolution.
Mr. [Robert] DOLE [of Kansas]. Mr. President, pending business
is Senate Resolution 28; is that correct?
The PRESIDING OFFICER. That is
correct. -------------------

AMENDMENT NO. 1636

(Purpose: To improve Senate procedures)
Mr. DOLE. Mr. President, I am about to send to the desk a
substitute amendment sponsored by the leadership, and others. There
will be a number of other Members who I assume may want to
cosponsor, and some may not want to, which is the result of hours
and hours and hours of discussion by Members on each side, some who
were for, some who were against, and some who had no strong
feelings on TV in the Senate. I believe we have reached a point
where we ought to determine whether this more or less consensus
will be adopted by the Senate.
In my view, it strikes a good balance. I would be happy to
discuss it in detail after it is before the Senate.
I therefore send it to the desk, and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Kansas (Mr. DOLE), for himself, and Senators
MATHIAS, BYRD, ARMSTRONG, GORE, and WILSON, proposes an amendment
numbered 1636.
Mr. DOLE. Mr. President, I ask unanimous consent that further
reading of the substitute amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The substitute amendment follows:
In lieu of the language proposed to be inserted, insert the
following:

``That (a) the Senate hereby authorizes and directs that there be both
television and radio broadcast coverage (together with videotape and audio
recordings) of proceedings in the Senate Chamber.

(b) Such broadcast coverage shall be--

(1) provided in accordance with provisions of this resolution;

(2) provided continuously, except for any time when the Senate is
conducting a quorum call, or when a meeting with closed doors is ordered;
and

(3) provided subject to the provisions pertaining to the Senate gallery
contained in the following Standing Rules of the Senate: rule XIX,
paragraphs 6 and 7; rule XXV, paragraph 1(n); and rule XXXIII, paragraph 2.

Sec. 2. The radio and television broadcast of Senate proceedings shall be
supervised and operated by the Senate.

Sec. 3. The television broadcast of Senate proceedings shall follow the
Presiding Officer and Senators who are speaking clerks and the Chaplain
except during rollcall votes when the television cameras shall show the
entire Chamber.

Sec. 4. (a) The broadcast coverage by radio and television of the
proceedings of the Senate shall be implemented as provided in this section.

(b) The Architect of the Capitol, in consultation with the Sergeant at
Arms and Doorkeeper of the Senate, shall--

(1) construct necessary broadcasting facilities for both radio and
television (including a control room and the modification of Senate sound
and lighting fixtures);

(2) employ necessary expert consultants; and

(3) acquire and install all necessary equipment and facilities to (A)
produce a broadcast-quality ``live'' audio and color video signal of such
proceedings, and (B) provide an archive-quality audio and color video tape
recording of such proceedings:

Provided, That the Architect of the Capitol, in carrying out the duties
specified in clauses (1) through (3) of this subsection, shall not enter
into any contract for the purchase or installation of equipment, for
employment of any consultant, or for the provision of training to any
person, unless the same shall first have been approved by the Committee on
Rules and Administration.

(c) The Sergeant at Arms and Doorkeeper of the Senate shall (1) employ
such staff as may be necessary, working in conjunction with the Senate
Recording and Photographic Studios, to operate and maintain all broadcast
audio and color video equipment installed pursuant to this resolution, (2)
make audio and video tape recordings, and copies thereof as requested by
the Secretary under clause (4) of this subsection, of Senate proceedings,
(3) retain for ninety days after the day any Senate proceedings took place,
such recordings thereof, and as soon thereafter as possible, transmit to
the Secretary of the Senate copies of such recordings: Provided, That the
Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties
specified in clauses (1) and (2) of this subsection, shall comply with
appropriate Senate procurement and other regulations, and (4) if authorized
by the Senate at a later date the Secretary of the Senate shall (A) obtain
from the Sergeant at Arms copies of audio and video tape recordings of
Senate proceedings and make such copies available, upon payment to her of a
fee fixed therefor by the Committee on Rules and Administration, and (B)
receive from the Sergeant at Arms such recordings thereof, and as soon
thereafter as possible, transmit to the Librarian of Congress and to the
Archivist of the United States archive-quality copies of such recordings.

Sec. 5. (a) Radio Coverage of Senate proceedings shall--

(1) begin as soon as the necessary equipment has been installed; and

(2) be provided continuously at all times when the Senate is in session
(or is meeting in Committee of the Whole), except for any time when a
meeting with closed doors is ordered.

(b) As soon as practicable but no later than May 1, there shall begin a
test period during which tests of radio and television coverage of Senate
proceedings shall be conducted by the staffs of the Committee on Rules and
Administration and of the Office of the Sergeant at Arms and Doorkeeper of
the Senate. Television coverage of Senate proceedings shall go live June 1,
1986. The test period aforementioned shall end on July 15, 1986.

(1) final procedures for camera direction control shall be established;

(2) television coverage of Senate proceedings shall not be transmitted
between May 1st and June 1st, except that, at the direction of the chairman
of the Committee on Rules and Administration, such coverage may be
transmitted over the coaxial cable system of the Architect of the Capitol;
and

(3) recordings of Senate proceedings shall be retained by the Secretary
of the Senate.

Sec. 6. The use of tape duplications of radio coverage of the proceedings
of the Senate for political purposes is strictly prohibited; and any such
tape duplication furnished to any person shall be made on the condition
that it not be used for political purposes. The use of tape duplications of
T.V. coverage for any purpose outside the Senate is strictly prohibited
until the Senate provides otherwise.

Sec. 7. Any changes in the regulations made by this resolution shall be
made only by Senate resolution. However, the Committee on Rules and
Administration may adopt such procedures and such regulations, which do not
contravene the regulations made by this resolution, as it deems necessary
to assure the proper implementation of the purposes of this resolution.

Sec. 8. Such funds as may be necessary (but not in excess of $3,500,000)
to carry out this resolution shall be expended from the contingent fund of
the Senate.

Sec. 9. That Rule XXX, paragraph l(b), is amended to read as follows:

``(b) When a treaty is reported from a committee with or without
amendment, it shall, unless the Senate unanimously otherwise directs, lie
over one day for consideration; after which it may be read a second time,
after which amendments may be proposed. At any stage of such proceedings
the Senate may remove the injunction of secrecy from the treaty.'' . . .

Sec. 10. That paragraph 2 of rule XXII of the Standing Rules of the
Senate is amended to read as follows:

Sec. 14. Provided, that if the Senate authorizes the permanent televising
of the Senate pursuant to section 15, that radio and television coverage of
the Senate shall be made available on a ``live'' basis and free of charge
to (1) any accredited member of the Senate Radio and Television
Correspondents Gallery, (2) the coaxial cable system of the Architect of
the Capitol, and (3) such other news gathering, educational, or information
distributing entity as may be authorized by the Committee on Rules and
Administration to receive such broadcasts. . . .

Mr. DOLE. Mr. President, let me state very quickly, and then I
will turn it over to Senator Mathias, Chairman of the Rules
Committee, Senator Byrd, Senator Long, Senator Armstrong, and
others who may want to discuss this. Let me just summarize what the
substitute does.
The first section of the resolution provides for a test period
for coverage of the Senate by television to begin no later than May
1, 1986--hopefully it will start earlier than that, but no later
than May 1, 1986--and to go live on June 1, 1986. Coverage will be
gavel to gavel except for those times that the Senate is conducting
quorum calls.
I might add as an aside that I would assume from time to time
when there is no business that we would probably be standing in
recess, and of course those periods would not be covered.
Only Senators speaking, and the Presiding Officer as well as
the Chaplain and the clerks, will be shown on television. The
entire Chamber will be shown during rollcall votes to give the
viewer an opportunity to see what happens during a rollcall vote.
And we have provided that obviously the clerk should be covered
when they are reading the amendments, the Chaplain obviously should
be covered, the Presiding Officer covered when there is actually
some action which involves the Presiding Officer, or when you are
showing the entire Chamber you also would show the Presiding
Officer. . . .
The rules changes include a 30-hour limit on postcloture
consideration, reduction of the 3-day rule on reports to 2 days,
waiving the reading of the Journal by a vote, elimination of the
Committee of the Whole on treaties, and a provision requiring the
conference reports be available on each Senator's desk before they
are in order to be called up are proposed.
I say with reference to the motion to proceed which I felt very
strongly about, we now have a substitute which does help the
leadership at least bring matters before the Senate by waiving the
reading of the Journal. . . .
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk read as follows:
The Senator from Oklahoma [Mr. Boren], on behalf of himself and
Mr. Long, proposes an amendment numbered 1641.
Mr. [David] Boren. Mr. President, I ask unanimous consent that
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike Sec. 15 and insert in lieu thereof the following:
Sec. 15. Television coverage of the Senate shall cease at the
close of business July 15,1986, and television coverage of the
Senate and the rules changes contained herein shall continue, if
the Senate agrees to the question, which shall be put one hour
after the Senate convenes on July 29, 1986, ``Shall radio and
television coverage continue after this date, and shall the rules
changes contained herein continue?'' There shall be 12 hours of
debate on this question, to be equally divided and controlled in
the usual form, at the end of which any Senator may propose as an
alternative the question, ``Shall the test period continue for
thirty days?''. On this question there shall be one hour of debate,
equally divided and controlled in the usual form. If this question
is decided in the affirmative, then thirty days hence, one hour
after the Senate convenes, the Senate shall proceed to vote without
intervening action on the question, ``Shall radio and television
coverage continue after this date and shall the rules changes
contained herein continue?''. . . .
The PRESIDING OFFICER. The question is on agreeing to the
resolution. On this question the yeas and nays have been ordered,
and the clerk will call the roll. . . .
The PRESIDING OFFICER. Are there any other Senators in the
Chamber who desire to vote?
The result was announced--yeas 67, nays 21, as follows:

[Rollcall Vote No. 24 Leg.]

On June 2, 1986,⁽¹⁷⁾ the Majority Leader of the Senate
announced the inception of televised Senate proceedings on a six-week
test basis, pursuant to the resolution previously adopted:
---------------------------------------------------------------------------
17. 132 Cong. Rec. 12042, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

A DAY OF HISTORY: TELEVISION IN THE SENATE

Mr. [Robert] DOLE [of Kansas]. Mr. President, there is no doubt
about it: This day is historic in many ways. It is exciting in many
ways.
Not that TV in the Senate is here, now that the public has an
opportunity--and we underscore ``opportunity--I doubt that we will
ever be without television in the Senate, except for that period
when we pull the plug and take a look at ourselves and see what we
might do to correct certain areas.

On July 29, 1986,⁽¹⁸⁾ the Senate voted to continue radio
and television coverage of its proceedings as well as the rules changes
implementing that coverage:
---------------------------------------------------------------------------
18. 132 Cong. Rec. 17905, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

The PRESIDING OFFICER.⁽¹⁹⁾ All time having been
yielded back, the question before the Senate is, Shall radio and
television coverage continue after this date, and shall the rules
changes contained in Senate Resolution 28 continue?
---------------------------------------------------------------------------
19. Thad Cochran (MS).
---------------------------------------------------------------------------

The yeas and nays have been ordered and the clerk will call the
roll.
The assistant legislative clerk called the roll.
Mr. [Alan] SIMPSON [of Wyoming]. I announce that the Senator
from Arizona [Mr. Goldwater] is necessarily absent.
I further announce that, if present and voting, the Senator
from Arizona [Mr. Goldwater] would vote ``nay.''
The PRESIDING OFFICER (Mr. [Jacob] Hecht [of Nevada]). Are
there any other Senators in the Chamber who desire to vote?
The result was announced--yeas 78, nays 21 as follows:

Sec. 10.3 The Senate suspended, by unanimous consent, the Rules for the
Regulation of the Senate Wing (and the standing rules of the
Senate) to permit the Senate Majority Leader to use the Senate
Chamber for the televised Democratic party response following the
President's state of the Union address.

On January 25, 1988,⁽²⁰⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
20. 134 Cong. Rec. 3-4, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

WAIVER OF CERTAIN SENATE RULES

Mr. [Robert] BYRD [of West Virginia]. Mr. President, I ask
unanimous consent that rule III and rule IV, paragraph 1, of the
Rules for the Regulation of the Senate Wing, and rule XXXIII,
paragraph 1, of the Standing Rules of the Senate be suspended for
the purpose of the response by the majority leader to the State of
the Union Address today.
Mr. [Ted] STEVENS [of Alaska]. Mr. President, reserving the
right to object, and I shall not object, I would like to state that
it is my understanding that the chairman of the Rules Committee has
cleared this matter.
I have been contacted by the distinguished majority leader, as
the ranking Republican on the Rules Committee. I wonder, if there
would be no objection that following the request of the majority
leader, I could put in the Record the letter that was sent by the
majority leader to our Republican leader, setting forth the terms
under which this unanimous-consent request has been agreed to.

The ACTING PRESIDENT pro tempore.⁽²¹⁾ Without
objection, the letter will be printed in the Record.
---------------------------------------------------------------------------
21. Harry Reid (NV).
---------------------------------------------------------------------------

The letter is as follows:
U.S. Senate,
Office of the Majority Leader,
Washington, DC, January 23, 1988.
Hon. Robert Dole,
Republican Leader, U.S. Senate, Washington, DC.

Dear Robert: This will refer to our telephone conversation in
which we discussed the use of the Senate floor for the Democratic
Response immediately following the President's State of the Union
Address on Monday evening.
As one who is very particular about the Senate's rules and
regulations, I specified that the use of the Senate Chamber in this
instance would be under the following strict conditions:
(1) The precedent is limited to ``the formal response'' to the
President's State of the Union Address.
(2) The precedent is further limited to ``the formal response''
carried by one or more of the major networks.
(3) Only a Senate Leader (myself in this instance) would be
using and speaking from the Senate Chamber.
(4) The occasion is the official response by one of the two
major political parties--the party not in control of the White
House.
(5) There is no participant in the response other than a Senate
Leader; the response follows immediately after the President's
address to the two Houses; and no charts or other visual aids will
be used.
(6) There will be no audience present in the galleries or on
the floor of the Chamber, the only persons present being the
network pool camera personnel.
Inasmuch as the State of the Union Address occurs only once a
year, and the President speaks from the House Chamber, I feel that
this request is appropriate, especially when limited to the
foregoing restrictions. At such time as the Democratic Party may be
in control of the White House in a future year, the Republican
Leader would be entitled to the same privilege.
With best regards.

Sincerely yours,
Robert C. Byrd.

Mr. [Robert] DOLE [of Kansas]. Mr. President, if the majority
leader will yield--and reserving the right to object--I have
discussed this at length with the majority leader. I have no
problem with it. I think it has been very tightly circumscribed, as
the letter will indicate, and I have no objection to the request.
I appreciate the majority leader calling me in South Dakota, in
Rapid City, on Saturday. We had a good discussion. I had been
apprised earlier by the distinguished Senator from Alaska, through
staff.
I thank the majority leader for his courtesy.
The ACTING PRESIDENT pro tempore. Without objection, the
request of the majority leader is granted.

Mr. BYRD. Mr. President, I thank the distinguished Republican
leader. I thank the distinguished Senator from Alaska [Mr.
Stevens], who is the ranking member of the Rules Committee, and I
thank Mr. Ford, who is the chairman of the Rules Committee.
The restrictions are very, very tight, and the precedent they
will set is one which, of course, will be the privilege of the
leader on the other side of the aisle at some point in the future.

Sec. 10.4 By unanimous consent, the Senate agreed to meet in closed
session in the Old Senate Chamber the next day for a three-hour
session to debate classified information.

On March 28, 1988,⁽²²⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
22. 134 Cong. Rec. 5415, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

The PRESIDING OFFICER.⁽²³⁾ Is there any objection to
that unanimous-consent request? Without objection, it is so
ordered.
---------------------------------------------------------------------------
23. Wendell Ford (KY).
---------------------------------------------------------------------------

closed session at 9:30 a.m. tuesday

Mr. [Robert] BYRD [of West Virginia]. Mr. President, I ask
unanimous consent that at the hour of 9:30 a.m. tomorrow the Senate
go into closed session; that it meet in the Old Senate Chamber for
this closed session; that it stay in closed session no longer than
12:45 p.m., and that the time for debate be equally divided between
the two leaders or their designees.
The PRESIDING OFFICER. Is there any objection to the unanimous-
consent request of the majority leader? Without objection, it is so
ordered.

recess at 12:45 p.m.

Sec. 10.5 In the Senate, where there is a disturbance in the galleries,
the Presiding Officer has the discretion to order those responsible
for the disturbance to be removed, or to order the entire galleries
to be cleared temporarily.

On November 21, 1989,⁽²⁴⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
24. 135 Cong. Rec. 31277, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

SENATE GALLERIES

Mr. [Lincoln] CHAFEE [of Rhode Island]. Mr. President, I notice
the galleries have been cleared. Is there a reason for that? I hope
the public would be permitted back into the gallery.
The PRESIDING OFFICER.⁽²⁵⁾ The Senator's observation
is well taken. The Chair, as soon as business is completed, was
going to allow the galleries to be again filled.
---------------------------------------------------------------------------
25. Harry Reid (NV).
---------------------------------------------------------------------------

Mr. CHAFEE. I thank the Chair.
Mr. [Alan] SIMPSON [of Wyoming]. Mr. President, I thank the
acting leader for his cooperation.
The PRESIDING OFFICER. The Sergeant at Arms is instructed that
the galleries can now be filled with people wishing to view the
proceedings of the Senate.
Mr. CHAFEE. Mr. President, might I make a further suggestion?
It would be my hope that if there are disturbances in the
gallery, the individuals be removed rather than the galleries
cleared. I think we have adequate staff to control the galleries,
and I think it is giving in to a few malcontents, a few disturbers,
to clear everybody out because there are several who are causing
trouble.
Mr. President, I suspect that there will be probably more to
come in who will cause trouble, but I do not think the answer is to
clear all the galleries.
Obviously, the situation has not come out of control. I hope
that the Sergeant at Arms would have adequate personnel, and I
believe he does, to remove those who are causing the disturbances
rather than having everybody, many of them innocent visitors to
Washington who have come to see the Senate, forced out of the
galleries after they have waited in line a considerable time to
observe the proceedings.
The PRESIDING OFFICER. The Chair would respond to the Senator
from Rhode Island, it is discretionary with the Chair as to whether
or not the individuals should be removed from the gallery.
Mr. CHAFEE. I appreciate that, Mr. President, and I have full
confidence in the Chair's judgment. I do offer that as a
suggestion, because I do not think this is the last time we are
going to see that occur.
I thank the Chair.
Mr. SIMPSON. Mr. President, I think my colleagues might be
interested to recall that Senator Byrd, as majority leader, and
Senator Dole, as our minority leader, appointed Senator Cranston
and myself as a working group with the two whips from the House,
the majority and minority whips, to discuss security issues in the
Capitol area. That was some years ago.
Our work was presented. Some did not accept that work; they
felt it was intrusive, and yet you will note that we have cleared
the Capitol Plaza of automobiles--that was never thought to be a
possibility--because we were told by security people of the highest
caliber that if we were to be the target of terrorism or simply
malcontents or whoever may be involved, one of the most
extraordinary ways of doing that is simply to target our cars,
place a plastic explosive underneath the vehicle, so that it is
parked next to the Capitol, and take a chunk of the Capitol off
with it, plus a few more cars.
Then, of course, one evening right here--some may not recall--
we had a late session. We would have been here. It was a Monday
night. I remember there were many clustered off the floor watching
various activities, including Monday night football.
We left then about 11. And at 12 o'clock, an explosive device
blew in all the windows in this hall, and would have taken several
Democratic and Republican Senators.

So I agree totally with Senator Chafee; yet, there is a
sensitive balance between democracy and anarchy. I hope we can
always keep the Galleries open. But in my capacity, with Senator
Cranston, as the leader of that group, I can show you some
remarkable cases of people bringing devices into the Capital area
who had a great mischief in mind.
I think it is worth considering that we should not let the
actions of a few deter this great experiment that does take place
in our Congress.
I did want my colleagues to know that it is a very serious
issue, and if any of you wish to review any of that confidential
material you are certainly welcome to do so. It is rather
startling.
I thank the Chair.

Sec. 10.6 By unanimous consent, the Senate permitted debate on a
conference report to be ``signed'' (live sign language for hearing
impaired in corner of television screen by signer on Senate floor).

On July 11, 1990,⁽²⁶⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
26. 136 Cong. Rec. 17029, 17059, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

Mr. President, I submit a report of the committee of conference
on S. 933 and ask for its immediate consideration.
The PRESIDING OFFICER.⁽²⁷⁾ The report will be
stated.
---------------------------------------------------------------------------
27. Brock Adams (WA).
---------------------------------------------------------------------------

The assistant legislative clerk read as follows:

The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 933) to
establish a clear and comprehensive prohibition of discrimination
on the basis of disability, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses this report, signed by a majority of the
conferees.

The PRESIDING OFFICER. Without objection, the Senate will
proceed to the consideration of the conference report.
(The conference report is printed in the House proceedings of
the Record of June 26, 1990.)

Mr. [George] MITCHELL [of Maine]. Mr. President, I ask
unanimous consent that during consideration of the conference
report on S. 933, debate be signed as part of Senate television
coverage today. . . .

Sec. 10.7 The Senate by unanimous consent considered and adopted a
resolution providing for additional equipment and furniture to be
installed in its chamber to accommodate the impeachment trial
managers on the part of the House and counsel for the President,
including equipment for display of video or audio evidence.

On January 14, 1999,⁽²⁸⁾ the following occurred in the
Senate:
---------------------------------------------------------------------------
28. 145 Cong. Rec. 357, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

The Senate met at 1:04 p.m. and was called to order by the
Chief Justice of the United
States. -------------------

TRIAL OF WILLIAM JEFFERSON CLINTON, PRESIDENT OF THE UNITED
STATES

The CHIEF JUSTICE.⁽²⁹⁾ The Senate will convene as a
Court of Impeachment. The Chaplain will offer a prayer.
---------------------------------------------------------------------------
29. William Rehnquist. -------------------
---------------------------------------------------------------------------

PRAYER

The Chaplain, Dr. Lloyd John Ogilvie, offered the following
prayer:
Almighty God, whose providential care has never varied all
through our Nation's history, we ask You for a special measure of
wisdom for the women and men of this Senate as they act as jurors
in this impeachment trial. You have been our Nation's refuge and
strength in triumphs and troubles, prosperity and problems. Now,
dear Father, help us through this difficult time. As You guided the
Senators to unity in matters of procedure, continue to make them
one in their search for the truth and in their expression of
justice. Keep them focused in a spirit of nonpartisan patriotism
today and in the crucial days to come. Bless the distinguished
Chief Justice as he presides over this trial. We commit to You all
that is said and done and ultimately decided. In Your holy Name.
Amen.
The CHIEF JUSTICE. The Sergeant at Arms will make the
proclamation.
The Sergeant at Arms, James W. Ziglar, made proclamation as
follows:
Hear ye! Hear ye! Hear ye! All persons are commanded to keep
silent, on pain of imprisonment, while the Senate of the United
States is sitting for the trial of the articles of impeachment
exhibited by the House of Representatives against William Jefferson
Clinton, President of the United States.
The CHIEF JUSTICE. The Presiding Officer recognizes the
majority leader.
Mr. [Trent] LOTT [of Mississippi]. Thank you, Mr. Chief
Justice.

installing equipment and furniture in the senate chamber

Mr. LOTT. I send a resolution to the desk providing for
installing equipment and furniture in the Senate Chamber and ask
that it be agreed to and the motion to reconsider be laid upon the
table.
The CHIEF JUSTICE. The clerk will report the resolution by
title.
The legislative clerk read as follows:
A resolution (S. Res. 17), to authorize the installation of
appropriate equipment and furniture in the Senate Chamber for the
impeachment trial.
The CHIEF JUSTICE. Without objection, the resolution is
considered and agreed to.
The resolution (S. Res. 17) was agreed to, as follows:

S. Res. 17

Resolved, That in recognition of the unique requirements raised by the
impeachment trial of a President of the United States, the Sergeant at Arms
shall install appropriate equipment and furniture in the Senate chamber for
use by the managers from the House of Representatives and counsel to the
President in their presentations to the Senate during all times that the
Senate is sitting for trial with the Chief Justice of the United States
presiding.

Sec. 2. The appropriate equipment and furniture referred to in the first
section is as follows:

(1) A lectern, a witness table and chair if required, and tables and
chairs to accommodate an equal number of managers from the House of
Representatives and counsel for the President which shall be placed in the
well of the Senate.

(2) Such equipment as may be required to permit the display of video, or
audio evidence, including video monitors and microphones, which may be
placed in the chamber for use by the managers from the House of
Representatives or the counsel to the President.

Sec. 3. All equipment and furniture authorized by this resolution shall
be placed in the chamber in a manner that provides the least practicable
disruption to Senate proceedings.

Sec. 10.8 By unanimous consent, the Senate granted to the House
Parliamentarian and his five assistants privileges of the floor of
the Senate during the 111th Congress.⁽³⁰⁾
---------------------------------------------------------------------------
30. Parliamentarian's Note: This privilege had been extended to the
House Parliamentarian consistently for many decades but has not
been renewed in recent Congresses.
---------------------------------------------------------------------------

On January 6, 2009,⁽³¹⁾ the following occurred:
---------------------------------------------------------------------------
31. 155 Cong. Rec. 43, 111th Cong. 1st Sess.
---------------------------------------------------------------------------

UNANIMOUS CONSENT AGREEMENT

Mr. [Harry] REID [of Nevada]. Mr. President, I send to the desk
en bloc 12 unanimous-consent requests and I ask for their immediate
consideration en bloc; that the requests be agreed to en bloc, that
the motion to reconsider the adoption of these requests be laid
upon the table and that they appear separately in the record.
Before the Chair rules, I would like to point out these
requests are routine, done at the beginning of each new Congress,
and they entail issues such as authority for the Committee on
Standards of Official Conduct to meet, authorizing the Secretary to
receive reports at the desk, establishing leader time each day, and
floor privileges for House Parliamentarians.
The PRESIDING OFFICER.⁽³²⁾ Without objection, it is
so ordered.
---------------------------------------------------------------------------
32. John Tester (MT).
---------------------------------------------------------------------------

The requests read as follows: . . .

Mr. President, I ask unanimous consent that the Parliamentarian
of the House of Representatives and his five assistants be given
the privileges of the floor during the 111th Congress.

Sec. 10.9 Form of Senate proceedings convened at an alternate time and
place due to an earthquake.

The Senate was scheduled for a 2:30 p.m. pro forma on August 23,
2011. The earthquake tremors struck the Washington region at
approximately 1:51 p.m. The Senate instead convened at 3:30 p.m. in the
Postal Square Building. On August 23, 2011,⁽³³⁾ the
following occurred:
---------------------------------------------------------------------------
33. 157 Cong. Rec. 12952, 112th Cong. 1st Sess.
---------------------------------------------------------------------------

The Senate met at 3:30 p.m. and 9 seconds and was called to
order by the Honorable Christopher A. Coons, a Senator from the
State of Delaware. -------------------

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The PRESIDING OFFICER.⁽³⁴⁾ The clerk will please
read a communication to the Senate from the President pro tempore
(Mr. Inouye).
---------------------------------------------------------------------------
34. Chris Coons (DE).
---------------------------------------------------------------------------

The assistant legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, August 23, 2011.
To the Senate:

Under the provisions of rule I, paragraph 3, of the Standing
Rules of the Senate, I hereby appoint the Honorable Christopher A.
Coons, a Senator from the State of Delaware, to perform the duties
of the Chair.
Daniel K. Inouye,
President pro tempore.

Mr. COONS thereupon assumed the chair as Acting President pro
tempore. -------------------

RECESS UNTIL AUGUST 26, 2011 AT 11:15 A.M.

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate stands in recess until 11:15 a.m. on Friday.
Whereupon, the Senate, at 3:30 and 37 seconds, recessed until
Friday, August 26, 2011, at 11:15 a.m.
PRECEDENTS OF THE HOUSE
Ch. 4

INDEX-HOUSE FACILITIES AND CAPITOL GROUNDS

Accessibility
galleries, Sec. Sec. 4, 4.8
rostrum, Sec. 1.7
sign language, Sec. Sec. 10, 10.6
Architect of the Capitol
appointment by President with advice and consent of Senate, Sec. 7
artworks, jurisdiction over, Sec. 7
Capitol complex, authority over, Sec. Sec. 7, 9
House Chamber, authority over, Sec. 1.2
House office buildings, authority over, Sec. Sec. 7, 8
Library of Congress, authority over, Sec. 7
Office of the Capitol Visitor Center, Sec. Sec. 9, 9.2
statuary, jurisdiction over, Sec. Sec. 7, 7.18
Superintendent of House Office Buildings, Sec. Sec. 7, 8
Art and Statuary
Architect of the Capitol, jurisdiction, Sec. Sec. 7, 7.18
Capitol, placement of artworks and statuary in, Sec. Sec. 7, 7.15,
7.18, 7.24
Capitol Visitor Center, placement of statues in, Sec. Sec. 7, 7.22
Clerk of the House, jurisdiction, Sec. 7
House Administration, Committee on, jurisdiction, Sec. 7
Rotunda, placement of statues in, Sec. 7.18
Statuary Hall, placement of statues in, Sec. Sec. 7, 7.20
Audio-Visual Broadcasting
Cable-Satellite Public Affairs Network (C-SPAN), Sec. Sec. 3, 3.1
closed-circuit broadcasting, Sec. Sec. 3, 3.1
committee proceedings, broadcasting of, Sec. Sec. 3, 3.6
Congressional Record, insertion regarding, Sec. 3.3
generally, Sec. 3
impeachment hearings of President Richard Nixon, Sec. Sec. 3, 3.1
impeachment trial of President William Clinton, Sec. 10.7
Internet streaming coverage, Sec. 3
microphones, see House Chamber
non-legislative debate, broadcasting of, Sec. Sec. 3, 3.2-3.5
``Oxford-style'' debate, protocols for, Sec. Sec. 3, 3.5
panning the House Chamber during special-order speeches,
Sec. Sec. 3, 3.2-3.5
photography, see House Chamber
resolutions authorizing, Sec. 3.1
Senate Chamber, audio-visual broadcasting in, Sec. Sec. 10, 10.1,
10.2, 10.7
Speaker's authority over, Sec. Sec. 3, 3.1-3.5
unauthorized broadcasting, prohibition on, Sec. 3
voting, broadcasting of, Sec. Sec. 3, 3.7
voting information, display of, Sec. 3.1
Attending Physician
security briefing conducted by, Sec. 1.16
Cable-Satellite Public Affairs Network (C-SPAN)
see Audio-Visual Broadcasting
Capitol
artworks in, placement of, Sec. Sec. 7, 7.15
Architect of the Capitol, see Architect of the Capitol
Capitol crypt, Sec. Sec. 7.17, 7.23
Capitol Grounds, ceremonies conducted on, Sec. Sec. 7, 7.11
Capitol Grounds generally, Sec. 7
Capitol Rotunda, see Capitol Rotunda
Capitol Visitor Center, see Capitol Visitor Center
ceremonies conducted in, see Ceremonies
designating rooms and areas in, Sec. Sec. 7, 7.1, 7.3, 7.4, 7.6-7.9
House Chamber, see House Chamber
legislative call system, Sec. 2
Rotunda, see Capitol Rotunda
safety issues regarding, Sec. Sec. 1, 1.8, 1.21
security incidents in, Sec. Sec. 1, 1.13, 7
Senate Chamber, see Senate Chamber
Statuary Hall, see Statuary Hall
statues in, placement of, Sec. Sec. 7, 7.24
United States Capitol Preservation Commission, Sec. 7
Capitol Crypt
see Capitol
Capitol Grounds
see Capitol
Capitol Police
Capitol Police Board, Sec. 7
Capitol Police Chief, briefings by, Sec. Sec. 1, 1.13, 1.16
Capitol Police headquarters, redesignating, Sec. 7.5
Capitol Police officers, designating ``document entrance'' of the
Capitol after, Sec. 7.6
jurisdiction, Sec. 7
security briefing conducted by Chief of, Sec. Sec. 1, 1.13, 1.16
security incident of July 24, 1998, Sec. Sec. 1, 1.13, 7.5, 7.6
Capitol Rotunda
authorizing use of, Sec. Sec. 1.12, 7.10, 7.14, 7.16, 7.18, 7.19
ceremonies conducted in, Sec. Sec. 1.12, 7, 7.10, 7.14, 7.16, 7.18,
7.19
jurisdiction shared between House and Senate, Sec. 7
statues, placement in, Sec. 7.18
Capitol Visitor Center
catafalque, Sec. Sec. 7, 7.23
ceremonies conducted in, Sec. Sec. 7, 7.13, 7.14, 7.22
designating rooms and areas in, Sec. Sec. 9, 9.1, 9.4
Emancipation hall, Sec. Sec. 7, 7.13, 7.14, 7.22, 9, 9.1
film footage of House Chamber obtained for exhibit in, Sec. 5.1
history, Sec. 9
Office of the Capitol Visitor Center, Sec. Sec. 9, 9.2
jurisdiction shared between House and Senate, Sec. 7
security briefings conducted in, Sec. Sec. 1, 9.3
security incident in, Sec. 7
statues in, placement of, Sec. Sec. 7, 7.22
Catafalque
use of, Sec. Sec. 7, 7.23
Caucuses
see Party Organization
Ceremonies
Capitol Grounds, ceremonies conducted on, Sec. Sec. 7, 7.11
Capitol Rotunda, ceremonies conducted in, Sec. Sec. 1.12, 7, 7.10,
7.14, 7.16, 7.18, 7.19
Capitol Visitor Center, ceremonies conducted in, Sec. Sec. 7, 7.13,
7.14, 7.22
ceremonial displays in the House Chamber, Speaker's discretion
regarding, Sec. Sec. 1, 1.4
ceremonial functions, exception to restrictions on floor access,
Sec. Sec. 6, 6.7
floor privileges during ceremonies in the House Chamber,
Sec. Sec. 5, 5.2, 5.11
inauguration ceremonies, President, Sec. Sec. 7, 7.14
inauguration ceremonies, Vice President, Sec. 5.11
joint meetings, foreign language translation in the House Chamber,
Sec. 3
religious ceremonies not conducted in House Chamber, Sec. 1
Senate Chamber, ceremonies in, Sec. Sec. 7.23, 10
Statuary Hall, ceremonies conducted in, Sec. Sec. 7, 7.12, 7.17
vice-presidential swearing-in ceremony, announcement regarding
floor privileges, Sec. 5.11
Chamber
see House Chamber and Senate Chamber
Classified Security Briefings
see Security Briefings
Clerk of the House
audio-visual broadcasting of House proceedings, control of cameras,
Sec. Sec. 3.2, 3.4
artworks, jurisdiction over, Sec. 7
floor privileges of, Sec. 5
Cloakrooms
see Party Organization
Committees
audio-visual broadcasting of committee proceedings, Sec. Sec. 3,
3.6
correspondence regarding audio-visual broadcasting of House
proceedings, Sec. 3.3
floor privileges of staff from, Sec. Sec. 5, 5.3-5.5, 5.7, 5.8
House Administration, Committee on, jurisdiction over artworks,
Sec. 7
House Administration, Committee on, jurisdiction over Capitol,
Sec. 7
House Administration, Committee on, role in regulating former
Members' access to House facilities, Sec. 6.7
Joint Committee of Congress on the Library, jurisdiction of, Sec. 7
Joint Congressional Committee on Inaugural Ceremonies,
reauthorizing, Sec. 7.14
staff permitted on the floor, Sec. Sec. 5, 5.3-5.5, 5.7, 5.8
Transportation and Infrastructure, Committee on, jurisdiction over
Capitol, Sec. 7
Contested Elections
see Election Contests
Congressional Record
audio-visual broadcasting, announcement regarding submitted for
publication by Speaker, Sec. 3.1
audio-visual broadcasting, insertion regarding special-order
speeches, Sec. 3.3
electronic voting system protocols submitted for publication by
Speaker, Sec. 2
floor privileges, policy statements submitted for publication by
Speaker, Sec. Sec. 1.17, 5, 5.5
gallery disturbances noted in, Sec. 4.5
House Chamber use policy statements submitted for publication by
Speaker, Sec. Sec. 1, 1.17
House Office Building Commission regulations published in,
Sec. Sec. 8, 8.1
Death
former Member, memorial service for, Sec. 7.12
Senator, memorial service for, Sec. Sec. 7.10, 7.23
shooting of Capitol Police officers, Sec. Sec. 1.13, 7.5, 7.6
staff, designating room after deceased, Sec. 9.4
Decorum
attire in the House Chamber, Sec. Sec. 1.2, 1.3
Chair, remarks in debate must be addressed to, Sec. Sec. 6, 6.9
galleries, prohibition on referencing visitors in, Sec. Sec. 1.18,
4
microphones turned off in response to disorderly behavior,
Sec. Sec. 3, 3.13, 3.14
Delegates and the Resident Commissioner
floor privileges of, Sec. 5
Doorkeeper
floor privileges, role in enforcing rule on, Sec. 5.6
Election Contests
floor privileges of contestants, Sec. 6.6
Senate contested election, audio-visual broadcast of, Sec. 10.1
Electronic Devices
Speaker's announced policy regarding, Sec. 1
unauthorized use for photography or broadcasting, prohibition on,
Sec. 3
Electronic Voting System
see Voting
Emancipation Hall
see Capitol Visitor Center
Floor Privileges
see House Floor
Former Members
see Members
Galleries
accessibility, Sec. Sec. 4, 4.8
clearing, Sec. Sec. 4, 4.1
disruptions in, Sec. Sec. 4, 4.2-4.4
disturbances in, Sec. Sec. 4, 4.5-4.7
oath of office, administration of, visitors requested to stand
during, Sec. Sec. 4, 4.9
press access to, Sec. Sec. 4, 4.10
Senate galleries, Sec. Sec. 10, 10.5
Speaker's authority over, Sec. 4
visitors, prohibition on referencing in debate, Sec. Sec. 1.18, 4,
visitors requested to stand during administration of oath of
office, Sec. Sec. 4, 4.9
Handouts
Speaker's announced policies regarding, Sec. Sec. 1, 1.17, 5.9
Hall of the House
see House Chamber
House Administration, Committee on,
see Committees
House Chamber
access to, announcement regarding, Sec. Sec. 1, 1.1
attire of Members in, Sec. Sec. 1.2, 1.3
audio-visual broadcasting in, Sec. Sec. 3, 3.1-3.5, 3.7
ceremonial displays, Speaker's discretion regarding, Sec. Sec. 1,
1.4
ceremonial joint meeting, foreign language translation of, Sec. 3
ceremonial joint meeting, restrictions on access, Sec. 5.2
ceremonies, religious, not conducted in, Sec. 1
cloakrooms, see Party Organization
decorum announcements, Sec. 1.18
doors, closed, Sec. Sec. 1, 1.6, 5.11
doors, locked, Sec. Sec. 1, 1.6
electronic devices, use in, see Electronic Devices
electronic voting system, see Voting
evacuation drills, Sec. Sec. 1, 1.10
floor privileges, see House Floor
galleries, see Galleries
joint meeting, foreign language translation, Sec. 3
joint meeting, restrictions on access, Sec. 5.2
joint session, announcement regarding seating for, Sec. 1.19
microphones, Sec. Sec. 2, 3, 3.10-3.14
official photograph taken in, Sec. Sec. 3, 3.8
party caucus meetings conducted in, Sec. Sec. 1.11, 1.13
photography in, official photograph, Sec. Sec. 3, 3.8
photography in, prohibition on, Sec. 3
photography in, resolutions authorizing, Sec. Sec. 3, 3.8, 3.9
quorum calls, announcement regarding access during, Sec. Sec. 1,
1.1
religious ceremonies not conducted in, Sec. 1
repairs and renovations, Sec. Sec. 1, 1.7, 2
rostrum accessibility, Sec. 1.7
safety issues regarding, Sec. Sec. 1, 1.8, 1.21
security briefings conducted in, Sec. Sec. 1, 1.14
security incidents in, Sec. 1.9
secret sessions conducted in, Sec. 1
smoking, prohibition on, Sec. 1.20
Speaker's authority over, see Speaker of the House
Speaker's Lobby, see Speaker's Lobby
temperature control, Sec. Sec. 1, 1.2, 1.3
unauthorized broadcasting in, prohibition on, Sec. 3
votes, announcement regarding access during, Sec. Sec. 1, 1.1
voting, audio-visual broadcast of, Sec. Sec. 3, 3.7
House Floor
ceremonial functions, exception to restrictions on floor access,
Sec. Sec. 6, 6.7
ceremonies, floor privileges during, Sec. Sec. 5, 5.2, 5.11
committee staff, floor privileges of, Sec. Sec. 5, 5.3-5.5, 5.7,
5.8
Delegates and the Resident Commissioner, floor privileges of,
Sec. 5
electronic devices, Speaker's announced policies regarding,
Sec. Sec. 1, 1.17
floor privileges generally, Sec. Sec. 1, 1.7, 1.17, 3, 5, 5.1-5.16,
6, 6.1-6.9,
former Members, floor privileges of, Sec. Sec. 5, 6, 6.1-6.9
handouts, Speaker's announced policies regarding, Sec. Sec. 1,
1.17, 5.9
Members, floor privileges of, Sec. 5
Members, former, floor privileges of, Sec. Sec. 5, 6, 6.1-6.9
Members' staff, floor privileges of, Sec. Sec. 5, 5.5, 5.9, 5.10
minority employees, floor privileges of, Sec. 5
officers of the House, floor privileges of, Sec. 5
parliamentary inquiries regarding floor privileges, Sec. Sec. 5.9,
6, 6.3, 6.5
President, floor privileges of, Sec. 5
privileges of the floor generally, Sec. Sec. 1, 1.7, 1.17, 3, 5,
5.1-5.16, 6, 6.1-6.9
resolutions authorizing or restricting access, Sec. Sec. 1.7, 3, 5,
5.1, 5.2
Senators, floor privileges of, Sec. Sec. 5, 5.12, 5.15, 5.16
suspension of rules, rule regarding floor privileges may not be
waived by, Sec. 5
unanimous consent, rule regarding floor privileges may not be
waived by, Sec. Sec. 5, 5.3
Vice President, floor privileges of, Sec. 5
House Galleries
see Galleries
House Office Buildings
Architect of the Capitol, jurisdiction, Sec. Sec. 7, 8
designating buildings after former Members, Sec. Sec. 7, 7.2, 8
fire safety, Sec. Sec. 1, 1.8
GAO office building, temporary relocation to, Sec. 8.2
House Office Building Commission, appointments to, Sec. 8.3
House Office Building Commission, jurisdiction, Sec. Sec. 7, 8
House Office Building Commission, regulations promulgated by,
Sec. Sec. 8, 8.1
legislative call system, Sec. 2
office space, assignment of, Sec. Sec. 8, 8.1
security briefings conducted in, Sec. Sec. 1, 1.15
Superintendent of House Office Buildings, jurisdiction,
Sec. Sec. 7, 8
House Office Building Commission
see House Office Buildings
House Pages
dormitory for, Sec. 8
Impeachment
audio-visual broadcast of hearings, Sec. Sec. 3, 3.1
Senate Chamber, impeachment trials conducted in, Sec. Sec. 10, 10.7
Inaugurations
presidential inauguration ceremonies, Sec. Sec. 7, 7.14
vice-presidential inauguration ceremonies, Sec. 5.11
Internet Streaming
see Audio-Visual Broadcasting
Joint Committees
see Committees
Joint Meetings
see Ceremonies
Joint Sessions
floor privileges during, Sec. Sec. 1.19, 5, 5.12-5.14
House Chamber, announcement regarding seating in, Sec. Sec. 1.19,
5, 5.12-5.14
Legislative Call System
generally, Sec. 2
Library of Congress
Architect of the Capitol, jurisdiction, Sec. 7
Joint Committee of Congress on the Library, jurisdiction, Sec. 7
Librarian of Congress, jurisdiction, Sec. 7
Lobbying
amendments to House rules regarding, Sec. Sec. 6.1, 6.7
announcement regarding floor access, Sec. 6.4
former Members, restrictions on floor access, Sec. Sec. 6, 6.1-6.5,
6.7, 6.8
parliamentary inquiries regarding floor access of former Members,
Sec. Sec. 6.3, 6.5, 6.8
regulations regarding floor access promulgated by the Speaker,
Sec. 6.2
Mace
history and use, Sec. 7
repair and cleaning, Sec. 7.21
Sergeant-at-Arms' role regarding, Sec. Sec. 7, 7.21
Members
Delegates and the Resident Commissioner, floor privileges of,
Sec. 5
floor privileges of, Sec. 5
former Member, deceased, memorial service in Statuary Hall,
Sec. 7.12
former Members, designating rooms and buildings after, Sec. Sec. 7,
7.1-7.3, 7.7-7.9
former Members, floor privileges of, Sec. Sec. 5, 6, 6.1-6.9
former Members, portraits of, Sec. Sec. 7, 7.15
former Members, remarks in debate may not be addressed to,
Sec. Sec. 6, 6.9
Members-elect, floor privileges of, Sec. 5
Members-elect, oath of office administered to, see Oath of Office
oath of office, administration to Members-elect, see Oath of Office
staff of, floor privileges, Sec. Sec. 5, 5.5, 5.9, 5.10
Members-elect
see Members
Microphones
see House Chamber
Minority Employees
see Party Organization
Morning-hour debate
see Non-Legislative Debate
Non-Legislative Debate
audio-visual broadcast of, Sec. Sec. 3, 3.2-3.5
morning-hour debate, dispensing with due to safety incident,
Sec. 1.21
morning-hour debate, recounting of security incident during,
Sec. 1.9
one-minute speech by Speaker regarding audio-visual broadcasting,
Sec. 3.2
``Oxford-style'' debate, protocols for audio-visual broadcast of,
Sec. Sec. 3, 3.5
parliamentary inquiries regarding audio-visual broadcasting of,
Sec. Sec. 3.2, 3.4
special-order speeches, audio-visual broadcast of, Sec. Sec. 3,
3.2-3.5
Oath of Office
gallery visitors requested to stand during administration of,
Sec. Sec. 4, 4.9
Senator on the floor during administration of, Sec. 5.15
vice-presidential swearing-in ceremony, announcement regarding
floor privileges, Sec. 5.11
Officers, Officials, and Employees of the House
Architect of the Capitol, see Architect of the Capitol
Attending, Physician, see Attending Physician
Capitol Police, see Capitol Police
Clerk, see Clerk of the House
Doorkeeper, see Doorkeeper
floor privileges of, Sec. 5
former officers, floor privileges of, Sec. Sec. 6, 6.1, 6.2, 6.7
House Pages, see House Pages
Parliamentarian, see Parliamentarian
Sergeant-at-Arms, see Sergeant-at-Arms
Speaker, see Speaker of the House
Tally Clerk, see Tally Clerk
One-Minute Speeches
see Non-Legislative Debate
Parliamentarian
floor privileges of, Sec. 5
security incident recounted by clerk to, Sec. 1.9
Senate floor privileges of, Sec. Sec. 10, 10.8
Parliamentary Inquiries
audio-visual broadcasting of special order speeches, inquiries
regarding, Sec. Sec. 3.2, 3.4
floor privileges, inquiries regarding, Sec. Sec. 5.9, 6, 6.3, 6.5,
6.8
galleries, inquiries regarding, Sec. Sec. 4.3, 4.10
House Chamber doors, inquiries regarding, Sec. 1.6
microphones, inquiries regarding, Sec. Sec. 3.10, 3.11, 3.13
smoking, inquiries regarding, Sec. 1.20
Party Organization
caucus meetings held in chamber, Sec. Sec. 1, 1.11, 1.13
cloakrooms, use by party caucuses, Sec. 1
Majority Leader, announcement regarding gallery renovations by,
Sec. 4.8
Majority Leader, appointment to House Office Building Commission,
Sec. Sec. 7, 8.3
Majority Leader, former, designating rooms after, Sec. 7.8
Majority Leader, former, portraits of, Sec. Sec. 7, 7.15
minority employees, floor privileges of, Sec. Sec. 5, 6.7
Minority Whip, submission for Congressional Record regarding audio-
visual broadcasting by, Sec. 3.3
Photography
see House Chamber
President and Vice President
Architect of the Capitol, President's role in appointment, Sec. 7
bust of President, authorization for unveiling ceremony in Capitol
Rotunda, Sec. 7.16
bust of Vice President, authorization for unveiling ceremony in
Capitol Rotunda, Sec. 7.19
floor privileges of, Sec. 5
impeachment trial of President conducted in Senate Chamber,
Sec. Sec. 10, 10.7
inauguration ceremonies, President, Sec. Sec. 7, 7.14
inauguration ceremonies, Vice president, Sec. 5.11
presidential messages, see Presidential Messages and Communications
vice-presidential swearing-in ceremony, announcement regarding
floor privileges, Sec. 5.11
Presidential Messages and Communications
floor privileges during joint sessions, Sec. Sec. 1.19, 5, 5.12-
5.14
joint session, announcement regarding seating for, Sec. Sec. 1.19,
5, 5.12-5.14
state of the Union address, opposing party's response,
Sec. Sec. 10, 10.3
Privileged Questions
amending House rules regarding floor privileges, Sec. 6.1
audio-visual broadcast of House proceedings, resolution
authorizing, Sec. 3.1
Questions of Privilege
attire in the House Chamber, resolutions regarding, Sec. Sec. 1.2,
1.3
audio-visual broadcasting of Members voting, resolution regarding,
Sec. Sec. 3, 3.7
fire safety in Capitol and House office buildings, resolution
regarding, Sec. 1.8
floor privileges of a former Member, resolution regarding,
Sec. Sec. 6, 6.6
former Members' floor privileges, resolution regarding,
Sec. Sec. 6, 6.6
microphones, resolution regarding Chair's authority over,
Sec. Sec. 3.13, 3.14
Quorums and Quorum Calls
House Chamber, announcement regarding access during quorum call,
Sec. Sec. 1, 1.1
Recess
emergency recesses, Sec. Sec. 1, 1.10, 7
party caucus meeting in House chamber during, Sec. 1.11
Rotunda
see Capitol Rotunda
Rules of the House
amendments to, Sec. Sec. 6.1, 6.7
gallery rules enforced prior to adoption of, Sec. 4.7
resolutions amending, Sec. Sec. 6.1, 6.7
suspension of rules, see Suspension of Rules
Secret Sessions
House Chamber preparation for, Sec. 1
Security briefings
Capitol Police Chief, briefings by, Sec. Sec. 1, 1.13, 1.16
Capitol Visitor Center, briefings conducted in, Sec. Sec. 1, 9.3
House Chamber, briefings conducted in, Sec. Sec. 1, 1.14
House office buildings, briefings conducted in, Sec. Sec. 1, 1.15
Old Senate Chamber, closed classified session conducted in,
Sec. 10.4
Sergeant-at-Arms, briefings by, Sec. Sec. 1, 1.13
Security incidents
Capitol, incidents in, Sec. Sec. 1, 1.13, 7
Capitol Visitor Center, incidents in, Sec. 7
House Chamber, incidents in, Sec. 1.9
July 24, 1998, Sec. Sec. 1, 1.13, 7, 7.5, 7.6
Senate office buildings, incidents in, Sec. Sec. 1.16, 7
Senate
Architect of the Capitol, role in appointing, Sec. 7
Chamber, see Senate Chamber
Capitol Rotunda, jurisdiction over, Sec. 7
Capitol Visitor Center, jurisdiction over, Sec. 7
convening in alternate location, Sec. 10.9
designating rooms and areas after Senators, Sec. Sec. 7, 7.4
Rotunda, jurisdiction over, Sec. 7
Senate Chamber, see Senate Chamber
Senate office buildings, security incidents in, Sec. Sec. 1.16, 7
Senators, see Senators
Senate Chamber
alternate facility used for pro forma session, Sec. 10.9
audio-visual broadcasting in, Sec. Sec. 10, 10.1, 10.2, 10.7
ceremonies in, Sec. Sec. 7.23, 10
floor privileges for House Parliamentarian, Sec. Sec. 10, 10.8
galleries, Sec. Sec. 10, 10.5
impeachment trials conducted in, Sec. Sec. 10, 10.7
Old Senate Chamber, Sec. Sec. 10, 10.4
repairs and renovations, Sec. 10
sign language, use in, Sec. Sec. 10, 10.6
state of the Union address, opposing party's response conducted in,
Sec. Sec. 10, 10.3
Senate office buildings
see Senate
Senators
deceased Senators, ceremonies regarding, Sec. Sec. 7.10, 7.23
designating rooms and areas after, Sec. Sec. 7, 7.4
floor privileges of, Sec. Sec. 5, 5.12, 5.15, 5.16
Presidents of the Senate, busts of, Sec. 7
Sergeant-at-Arms
Capitol Police Board, service on, Sec. 7
floor privileges of, Sec. 5
floor privileges, rules and orders enforced by, Sec. Sec. 5.6, 6.6
gallery disturbances, role in restoring order, Sec. 4.5
mace, role regarding, Sec. Sec. 7, 7.21
secret sessions, role in preparing Chamber, Sec. 1
security briefing conducted by, Sec. Sec. 1, 1.13
unauthorized photography and broadcasting, prohibition on enforced
by, Sec. 3
Speaker of the House
audio-visual broadcasting of House proceedings, announcements
regarding implementation of, Sec. 3.1
audio-visual broadcasting of House proceedings, authority over,
Sec. Sec. 3, 3.1-3.6
audio-visual broadcasting of House proceedings, one-minute speech
regarding, Sec. 3.2
ceremonial displays in House Chamber, discretion regarding,
Sec. Sec. 1, 1.4
decorum announcements by, Sec. Sec. 1.2, 1.18, 3.13, 6, 6.9
designating rooms and buildings after, Sec. Sec. 7, 7.1, 7.2, 8
electronic devices on the floor, announced policy regarding,
Sec. Sec. 1, 1.17
electronic voting system, announced policy regarding, Sec. Sec. 1,
1.17
floor privileges, announcement of policies regarding, Sec. Sec. 1,
1.17, 5, 5.4, 5.6, 5.8, 5.10-5.14, 6.2, 6.4, 6.7
galleries, announcements regarding, Sec. Sec. 1.18, 4.1-4.7, 4.9
handouts on the floor, announced policy regarding, Sec. Sec. 1,
1.17, 5.9
House Chamber, announcement regarding access to, Sec. Sec. 1, 1.1
House Chamber, discretion regarding ceremonial displays in,
Sec. Sec. 1, 1.4
House Chamber, status while not in session, announced policy
regarding, Sec. Sec. 1, 1.17
House Office Building Commission, appointment to, Sec. Sec. 7, 8.3
House office buildings named after, Sec. Sec. 7, 7.2, 8
microphones, authority over, Sec. Sec. 3, 3.13, 3.14
one-minute speech regarding audio-visual broadcasting, Sec. 3.2
parliamentary inquiries, responding to, see Parliamentary Inquiries
portraits of, acceptance by the House, Sec. Sec. 7, 7.17
Speaker's Lobby
interview tables, announcement regarding, Sec. Sec. 1, 1.5
Special-Order Speeches
see Non-legislative Debate
State of the Union Address
see Joint Sessions and Presidential Messages and Communications
Statuary
see Art and Statuary
Statuary Hall
ceremonies conducted in, Sec. Sec. 7, 7.12, 7.17
National Statuary Hall collection, Sec. 7
statues, placement in, Sec. Sec. 7, 7.20
Suspension of Rules
floor privileges, rule may not be waived by, Sec. 5
Tally Clerk
electronic voting system, role in operating, Sec. 2
floor privileges of, Sec. 5
Transportation and Infrastructure, Committee on,
see Committees
Unanimous Consent
ceremonial displays, requests regarding, Sec. Sec. 1, 1.4
floor privileges, rule may not be waived by, Sec. Sec. 5, 5.3
microphones, use of to propound requests, Sec. 3.10
Vice President
see President and Vice President
Voting
audio-visual broadcasting of Members voting, Sec. Sec. 3, 3.7
closed-circuit broadcasting, voting information displayed, Sec. 3.1
electronic voting policies promulgated by Speaker, Sec. Sec. 1,
1.17
electronic voting system in general, Sec. 2
House Chamber, announcement regarding access during votes,
Sec. Sec. 1, 1.1
Tally Clerk, role in operating electronic voting system, Sec. 2