[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 46. Recognition]
[From the U.S. Government Printing Office, www.gpo.gov]


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                         CHAPTER 46 - RECOGNITION

                              HOUSE PRACTICE

              A. Introduction; Power of Recognition

  Sec.  1. In General; Seeking Recognition
  Sec.  2. Power and Discretion of Chair
  Sec.  3. Limitations; Bases for Denial
  Sec.  4. Alternation in Recognition

              B. Right to Recognition; Priorities

  Sec.  5. In General
  Sec.  6. Priorities of Committee Members
  Sec.  7. Right of Member in Control
  Sec.  8. Right to Open and Close General Debate
  Sec.  9. -- To Close Debate on Amendments

              C. Recognition on Particular Questions

  Sec. 10. In General; As to Bills
  Sec. 11. For Motions
  Sec. 12. Of Opposition After Rejection of Motion
  Sec. 13. As to Special Rules
  Sec. 14. Under the Five-Minute Rule
  Sec. 15. -- Under Limited Five-Minute Debate
  Sec. 16. As to House-Senate Conferences
        Research References
          2 Hinds Sec. Sec. 1419-1479; 5 Hinds Sec. Sec. 4978-5079
          6 Cannon Sec. Sec. 283-313; 8 Cannon Sec. Sec. 2448-2478
          Deschler-Brown Ch 29 Sec. Sec. 8-23
          Manual Sec. Sec. 354-357, 949-956, 958, 959, 966, 997


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                   A. Introduction; Power of Recognition


  Sec. 1 . In General; Seeking Recognition

      In order to address the House or to offer a motion or make an 
  objection, a Member first must secure recognition from the Speaker or 
  from the Chairman of the Committee of the Whole. Rule XVII clause 1; 
  Manual Sec. 945. Under the rule, the Chair has the power and 
  discretion to determine who will be recognized and for what purpose. 2 
  Hinds Sec. Sec. 1422-1424; generally, see Sec. 2, infra. To determine 
  a Member's claim to the floor, the Chair may ask for what purpose a 
  Member rises and may grant recognition for the specific purpose 
  indicated. Manual Sec. 953.

                     Duty to Rise and Remain Standing

      Members must seek recognition at the proper time in order to 
  protect their rights to make points of order or to offer amendments. 
  Deschler-Brown Ch 29 Sec. 20.25. A Member must be on his feet and must 
  address the Chair in order to be recognized and may not remain seated 
  at the committee table while engaging in debate. Deschler-Brown Ch 29 
  Sec. Sec. 8.4, 8.5. Although a Member controlling the floor in debate 
  must remain standing, a Member who inadvertently seats himself and 
  then immediately stands again before the Chair recognizes another 
  Member may be permitted to retain control of the floor. Deschler-Brown 
  Ch 29 Sec. 33.22.
      The mere placing of an amendment on the Clerk's desk does not 
  bestow recognition. Deschler-Brown Ch 29 Sec. 19.6. Where numerous 
  amendments that might be offered to a bill have been left with the 
  Clerk, the Chair may remind all Members seeking to offer amendments 
  not only to stand but to seek recognition at the appropriate time. 
  Deschler-Brown Ch 29 Sec. 8.17. A Member recognized in support of an 
  amendment may yield to another for a question or a brief statement, 
  but the Member must remain standing in order to protect his right to 
  the floor. Deschler-Brown Ch 29 Sec. 29.8.

                                   Form

      The language used to obtain the floor and to grant recognition to 
  Members follows a traditional format of long standing:

      Member: Mr. Speaker (or Mr. Chairman). . . .

      Note: This form of address is used whether the Member is seeking 
  recognition to offer a proposition or interrupt a Member having the 
  floor. 5 Hinds Sec. 4979; 6 Cannon Sec. 193. Such salutations as 
  ``Gentlemen of the House'' or ``Ladies and gentlemen'' are not in 
  order. 6 Cannon Sec. 285. Where a woman is presiding, the term ``Madam

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  Speaker'' or ``Madam Chairman'' is used. 6 Cannon Sec. 284.

      Speaker (or Chairman): For what purpose does the gentleman (or 
    gentlewoman) rise?

      Note: This question enables the Chair to determine whether the 
  Member proposes a matter that may be entitled to precedence or is 
  otherwise in order under the rules of the House. 6 Cannon 
  Sec. Sec. 289-291.

      Member: I rise to offer a motion to __________ (or raise other 
    stated business).
      Speaker (or Chairman): The Chair recognizes the gentleman (or 
    gentlewoman) from __________ (Member's State).

                     Recognition to Interrupt a Member

      A Member who wishes to interrupt another who has the floor must 
  obtain recognition from the Chair. Deschler-Brown Ch 29 Sec. 8.2. 
  However, in most cases, it is within the discretion of the Member 
  occupying the floor to determine when and by whom he shall be 
  interrupted. Manual Sec. Sec. 364, 946. The interrupting Member is not 
  entitled to the floor until recognized by the Chair, even though he 
  may have been yielded time by the Member in charge of the time. 
  Deschler-Brown Ch 29 Sec. 29.2.

                             Cross References

      Recognition is governed in specific instances and in specific 
  parliamentary situations by practices covered fully elsewhere in this 
  work; for example, Amendments; Previous Question; Refer and Recommit; 
  and Reconsideration. For the Speaker's announced policy of conferring 
  recognition for unanimous-consent requests for the consideration of 
  certain measures, see Unanimous-Consent Agreements.


  Sec. 2 . Power and Discretion of Chair

      In Jefferson's time, the Speaker was required by House rule to 
  recognize the Member who was ``first up.'' 2 Hinds Sec. 1420. In case 
  of doubt, there was an appeal from his recognition of a particular 
  Member. 2 Hinds Sec. Sec. 1429-1434. This practice was changed, 
  beginning in 1879, when the House adopted a report asserting that 
  ``discretion must be lodged with the presiding officer.'' The report 
  alluded to the practice of listing those Members desiring to speak on 
  a given proposition but indicated that the Chair should not be 
  obligated to follow the order stipulated. Rather, the report 
  recommended that the Chair be free to exercise ``a wise and just 
  discretion in the interest of full and fair debate.'' 2 Hinds 
  Sec. 1424. Today rule XVII clause 2 gives the Chair the power and 
  discretion to decide who shall be recognized, and his decision is no 
  longer subject to appeal. Manual Sec. Sec. 949,

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  953; 8 Cannon Sec. Sec. 2429, 2646. There has been no appeal from a 
  decision of the Speaker on a question of recognition since 1881. 
  Manual Sec. 356.
      Of course, the recognition of particular Members often is governed 
  by the rules and precedents pertaining to the order of business or by 
  special rules from the Committee on Rules. See Sec. Sec. 3, 4, infra. 
  However, where matters of equal privilege are pending, the order of 
  their consideration is subject to the Speaker's discretionary power of 
  recognition. Deschler-Brown Ch 29 Sec. 9.55. It follows that, when 
  more than one Member seeks recognition to call up privileged business, 
  it is within the discretion of the Speaker whom he shall recognize. 
  Rule XVII clause 2; Deschler-Brown Ch 29 Sec. 9.56.
      Rule XIV clause 6, which provides that questions relating to the 
  priority of business are to be decided by a majority without debate, 
  may not be invoked to inhibit the Speaker's power of recognition. 
  Manual Sec. 884.


  Sec. 3 . Limitations; Bases for Denial

      The Speaker's power of recognition is subject to limitations 
  imposed by the rules, such as rule XVII clause 7 (prohibiting the 
  Chair from recognizing a Member to draw attention to gallery 
  occupants) and rule IV clauses 1 and 2 (restricting use of and 
  admission to the Hall of the House). Manual Sec. Sec. 677, 678, 966; 
  Deschler-Brown Ch 29 Sec. 11.10. The Chair's power of recognition also 
  is governed by established practice and precedent, such as the long-
  standing tradition that a member of the committee reporting a bill is 
  first recognized for motions to dispose of the bill (see Sec. 11, 
  infra) and the Speaker's announced policy of conferring recognition 
  for unanimous-consent requests for the consideration of certain 
  measures (see Unanimous-Consent Agreements).


  Sec. 4 . Alternation in Recognition

                               In the House

      Under the standing rules of the House, the Member reporting or 
  calling up a measure is entitled to recognition for one hour, during 
  which time he may yield to others. At the close of that hour, unless 
  the previous question is moved, the ranking Member in opposition may 
  be recognized for an hour with the same privilege of yielding. 
  Thereafter, until the previous question is invoked, other Members 
  favoring and opposing the measure are recognized alternately, 
  preference again being given to members of the committee reporting the 
  measure. Manual Sec. 955; 8 Cannon Sec. 2460.
      Absent a special rule making party affiliation pertinent, the 
  Chair alternates according to differences on the pending question 
  rather than according to political affiliation. 2 Hinds Sec. 1444. 
  Where the special rule allots control

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  of time to ``the chairman and the ranking minority member of the 
  committee'' (which is ordinarily the case in the modern practice) the 
  term ``minority'' is construed to refer to the minority party in the 
  House and not to those in the minority on the pending question. 7 
  Cannon Sec. 767. However, a special rule that allots control of time 
  to those for and against a proposition does not necessarily require a 
  division between the majority and minority parties of the House but, 
  rather, a division between those actually favoring and opposing the 
  measure. 7 Cannon Sec. 766. Rules found in provisions of law 
  establishing procedures for overturning executive decisions normally 
  provide for equal division of time for debate between those favoring 
  and those opposing a proposition, without designating who should 
  control the time. Therefore, it is within the discretion of the Chair 
  to recognize a Member supporting and a Member opposing the measure. 
  Manual Sec. 1130; 7 Cannon Sec. 785.

                         In Committee of the Whole

      A similar alternation procedure is followed during general debate 
  in the Committee of the Whole. The usual practice is for the Chair to 
  alternate between those given control of debate time under a special 
  order, usually the chairman and ranking minority member. 7 Cannon 
  Sec. 875; Deschler-Brown Ch 29 Sec. 28.15.
      It is the usual practice in the Committee of the Whole, during 
  consideration of a measure under the five-minute rule, to alternate 
  between majority and minority members, giving priority to members of 
  the reporting committee in the order of seniority on the full 
  committee. Deschler-Brown Ch 29 Sec. 21.1. The Chair follows this 
  principle whether recognizing Members to debate a pending amendment or 
  to offer an amendment. Deschler-Brown Ch 29 Sec. 13.9. Because the 
  Chair normally has no knowledge whether specific Members oppose or 
  support the pending proposition, the Chair cannot strictly alternate 
  between both sides of the question. Deschler-Brown Ch 29 Sec. 25.14. 
  However, when an amendment is offered initially, rule XVIII clause 5 
  (the five-minute rule) contemplates that the five minutes allotted the 
  proponent is followed by recognition of a Member in opposition to the 
  amendment.


                    B. Right to Recognition; Priorities


  Sec. 5 . In General

      Rule XVII clause 2 directs the Speaker to ``name the Member who is 
  first to speak'' when two or more Members rise at once. The Speaker or

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  Chairman has the discretion to determine the order or sequence in 
  which Members will be recognized in debate. Manual Sec. 949; Deschler-
  Brown Ch 29 Sec. Sec. 9.2, 12.1, 19.20. However, the Chair's 
  determination of priorities is governed by many factors, such as 
  whether the pending proposition has been reported by a committee, 
  whether it is given priority or is privileged under the rules, and 
  whether the rules and practices of the House dictate a priority in 
  recognition. For example, in recognizing a Member for a motion to 
  recommit (who must qualify as being opposed to the bill), the Speaker 
  gives preference to the Minority Leader and then to minority members 
  of the committee reporting the bill in order of their rank on the 
  committee. Deschler Ch 23 Sec. 27.18; generally, see Refer and 
  Recommit.


  Sec. 6 . Priorities of Committee Members

               Priority of Committee Members Over Nonmembers

      Absent a special rule providing to the contrary, the members of 
  the committee reporting a bill are entitled to priority in recognition 
  over nonmembers for debate on the bill. Manual Sec. Sec. 953, 955; 2 
  Hinds Sec. Sec. 1438, 1448; 6 Cannon Sec. Sec. 306, 307; Sec. 14, 
  infra. Members of the committee reporting a bill also have priority in 
  recognition to make points of order against proposed amendments to the 
  bill. Deschler-Brown Ch 29 Sec. 13.3.
      The practice of according priority to committee members is an 
  ancient one, having been adapted from that of the English Parliament. 
  It is reasoned that the members of the reporting committee--having 
  worked for months, if not years, on the legislation--are naturally 
  more familiar with its strengths and weaknesses. Deschler-Brown Ch 29 
  Sec. 13.12. They are entitled to priority in recognition, even over 
  the Member who introduced the bill. Deschler-Brown Ch 29 Sec. 13.13. 
  However, if the proposition has been brought directly before the House 
  independently of a committee, the proponent may be entitled to 
  priority in recognition for motions and debate. Sec. 10, infra.

                     Recognition of Committee Chairmen

      The chairman of the reporting committee usually has charge of the 
  bill and is entitled at all stages to priority in recognition for 
  allowable motions intended to expedite it. Deschler-Brown Ch 29 
  Sec. Sec. 12.2, 24. If the chairman is opposed to the bill, however, 
  he ordinarily yields priority in recognition to a member of his 
  committee who favors the bill. 2 Hinds Sec. 1449.

                  Priorities as Between Committee Members

      Recognition is extended to committee members on the basis of their 
  committee seniority, with the Chair alternating between members of the 
  majority and the minority. Deschler-Brown Ch 29 Sec. 13.25; Sec. 4, 
  supra. Where

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  opposition is relevant to recognition and no committee member rises in 
  opposition to the measure, any Member may be recognized in opposition. 
  7 Cannon Sec. 958.

                   Effect of Failure to Seek Recognition

      Although members of the committee reporting a bill under 
  consideration have preference in recognition, a member may lose such 
  preference if he does not seek recognition in a timely manner. 
  Deschler-Brown Ch 29 Sec. 13.13. The Chair may recognize another on 
  the basis that the committee member, though standing, is not actively 
  seeking recognition. Deschler-Brown Ch 29 Sec. 13.14.


  Sec. 7 . Right of Member in Control

      Where a Member has been placed in charge of a bill by the 
  reporting committee, or has been so designated by a special rule from 
  the Committee on Rules, the Member named as manager is recognized to 
  call up the measure. Rule XVII clause 3(a); Deschler-Brown Ch 29 
  Sec. 27.1. Preference in recognition is accorded to the manager over 
  other Members. Rule XVII clause 3(a); Deschler-Brown Ch 29 Sec. 24.1. 
  This priority in recognition of the Member in charge prevails in both 
  the House and in the Committee of the Whole. Rule XVII clause 3(a); 
  Deschler-Brown Ch 29 Sec. Sec. 12.10, 14.3.
      The Member in charge of the bill also is entitled at all stages to 
  priority in recognition for allowable motions intended to expedite the 
  bill, from the time of its first consideration to the time of 
  consideration of Senate amendments and conference reports. 2 Hinds 
  Sec. Sec. 1451, 1452, 1457; 6 Cannon Sec. Sec. 300, 301. For example, 
  the Member who has been recognized to call up a measure in the House 
  has priority in recognition to move the previous question thereon, 
  even over the chairman of the committee reporting that measure. Manual 
  Sec. 953.
      The fact that a Member has the floor on one matter does not 
  necessarily entitle him to priority in recognition on a motion 
  relating to another matter. 2 Hinds Sec. 1464. Before the Member in 
  charge has begun his remarks, a Member proposing a preferential motion 
  is entitled to recognition. 5 Hinds Sec. Sec. 5391-5395. However, once 
  debate has begun, a Member may not deprive the Member in charge of the 
  floor by offering a debatable motion of higher privilege than the 
  pending motion. Manual Sec. 953; 2 Hinds Sec. Sec. 1460-1463; 6 Cannon 
  Sec. Sec. 297-299; 8 Cannon Sec. Sec. 2454, 3183, 3193, 3197, 3259.

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  Sec. 8 . Right to Open and Close General Debate

                                 Generally

      Rule XVII clause 3(a) provides that the Member reporting a measure 
  from a committee is entitled to open and close general debate on that 
  measure. Manual Sec. 958. Otherwise, rule XVII clause 3(b) precludes a 
  Member from speaking twice on the same question without leave of the 
  House. Manual Sec. 959. Under the modern practice, however, where a 
  special order places the control of debate in a ``manager,'' or 
  divides the time between the chairman and ranking minority member of 
  the committee reporting the measure, those controlling the time may 
  yield to other Members as often as they desire, and are not restricted 
  by this rule. Manual Sec. 959. The minority member controlling one-
  half of the time must consume it or yield it back before the closing 
  of debate. Deschler-Brown Ch 29 Sec. 24.19. A majority manager of the 
  bill who represents the primary committee of jurisdiction is entitled 
  to close general debate (in this case, as against another manager 
  representing an additional committee of jurisdiction). Manual 
  Sec. 958.
      The manager of a bill for purposes of closing general debate may 
  be the chairman of the reporting committee or a designated majority 
  member of that committee. Deschler-Brown Ch 29 Sec. Sec. 7.3, 7.4.
      The right of the manager to open and close general debate under 
  rule XVII clause 3 is recognized in both the House and the Committee 
  of the Whole. Deschler-Brown Ch 29 Sec. 7.4.

                           Rights of Proponents

      The manager of a bill in control of the time, and not its 
  proponent, is ordinarily entitled to close general debate. Deschler-
  Brown Ch 29 Sec. 7.4. Where existing law provides that general debate 
  in the Committee of the Whole on a joint resolution shall be equally 
  divided and controlled by proponents and opponents, a proponent has 
  the right to open and close general debate. 99-1, Apr. 23, 1985, p 
  8964. Where a joint resolution having no ``sponsor'' and having not 
  been referred to a committee was made in order by a special rule, its 
  proponent was recognized to open and close general debate, there being 
  no other ``manager'' of the pending resolution. 99-2, Apr. 16, 1986, 
  pp 7611, 7629.


  Sec. 9 . -- To Close Debate on Amendments

         Recognition of Manager of Bill for Motion to Close Debate

      In the Committee of the Whole, the Member managing the bill is 
  entitled to priority in recognition to move to close debate on a 
  pending amend

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  ment over other Members who desire to debate the amendment or to offer 
  amendments thereto. Deschler-Brown Ch 29 Sec. 78.9.

    Recognition of Manager of Bill for Closing Controlled Debate on an 
                                 Amendment

      Under rule XVII clause 3(c), a manager of a bill or other 
  representative of the committee in opposition to, and not the 
  proponent of, an amendment has the right to close debate on an 
  amendment on which debate has been limited and allocated under the 
  five-minute rule in Committee of the Whole, including a minority 
  manager. This principle prevails, even where the manager of the bill 
  is the proponent of a pending amendment to the amendment. Manual 
  Sec. 959.
      The Chair will assume that the manager of a measure controlling 
  time in opposition to an amendment is representing the committee of 
  jurisdiction, even where the measure called up is unreported, where an 
  unreported compromise text is made in order as original text in lieu 
  of committee amendments or where the committee reported the measure 
  without recommendation. Where the pending text includes a provision 
  recommended by a committee of sequential referral, a member of that 
  committee is entitled to close debate against an amendment thereto. 
  Where the rule providing for the consideration of an unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction, those managers are entitled to close controlled debate 
  against an amendment thereto. The majority manager of the bill may be 
  recognized to control time in opposition to an amendment thereto, 
  without regard to the party affiliation of the proponent, where the 
  special order allocates control to ``a Member opposed.'' The right to 
  close debate in opposition to an amendment devolves to a member of the 
  committee of jurisdiction who derived debate time by unanimous consent 
  from a manager who originally had the right to close debate. The 
  proponent of a first-degree amendment who controls time in opposition 
  to a second-degree amendment that favors the original bill over the 
  first-degree amendment does not qualify as a ``manager'' within the 
  meaning of rule XVII clause 3(c) in opposing. Manual Sec. 959.

                   Recognition of Proponent of Amendment

      Under certain circumstances, the proponent of an amendment may 
  close debate where he is not opposed by a manager. For example, the 
  proponent may close debate where neither a committee representative 
  nor a Member assigned a managerial role by the governing special order 
  opposes the amendment. Where a committee representative is allocated 
  control of time in opposition to an amendment, not by recognition from 
  the Chair but by

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  a unanimous-consent request of a third Member who was allocated the 
  time by the Chair, then the committee representative is not entitled 
  to close debate as against the proponent. Similarly, the proponent of 
  the amendment may close debate where no representative from the 
  reporting committee opposes an amendment to a multijurisdictional 
  bill; where the measure is unreported and has no ``manager'' under the 
  terms of a special rule; or where a measure is being managed by a 
  single reporting committee and the Member controlling time in 
  opposition, though a member of a committee having jurisdiction over 
  the amendment, does not represent the reporting committee. Manual 
  Sec. 959.


                  C. Recognition on Particular Questions


  Sec. 10 . In General; As to Bills

      Under a practice of long standing, special rules give control of 
  general debate in the House or in the Committee of the Whole to the 
  chairman and ranking minority member of the reporting committee(s), 
  and recognition is extended accordingly. In the absence of the 
  chairman and ranking minority member designated by the rule, the Chair 
  recognizes the next ranking majority and minority members for control 
  of such debate, who may either be informally designated during a 
  temporary absence upon informing the Chair or who may be formally 
  designated by unanimous consent for the remainder of the debate. 
  Deschler-Brown Ch 29 Sec. 9.4. If, on the other hand, the proposition 
  has been brought directly before the House independently of a 
  committee, the proponent who calls up the measure is entitled to 
  priority in recognition for motions and debate. 2 Hinds 
  Sec. Sec. 1446, 1454; 8 Cannon Sec. 2454.
      For a discussion of recognition to offer amendments, see 
  Amendments. For a discussion of recognition for parliamentary 
  inquiries and points of order, see Points of Order andParliamentary 
  Inquiries.

                             Discharged Bills

      If a bill has not been reported from committee, but is before the 
  House pursuant to a motion to discharge, the proponents of that motion 
  are entitled to priority in recognition for the purpose of managing 
  the bill. Deschler-Brown Ch 29 Sec. 27.5. For a discussion of 
  recognition of Members for debate on the motion, see rule XV clause 2; 
  Manual Sec. 892; Discharging Measures from Committees. In recognizing 
  a Member to control time for debate in opposition to a discharged 
  bill, the Chair recognizes the chairman of the committee having 
  jurisdiction of the subject matter if he is opposed. Deschler-Brown Ch 
  29 Sec. 25.16.

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                  Measures Called Up by Unanimous Consent

      Where a measure is called up in the House pursuant to a unanimous-
  consent agreement, the Member calling up the bill is recognized for 
  one hour, and amendments may not be offered by other Members unless he 
  yields for that purpose or unless a motion for the previous question 
  is rejected. Deschler-Brown Ch 29 Sec. 24.24. By contrast, a measure 
  called up in the House as in the Committee of the Whole is considered 
  under the five-minute rule.
      For the Speaker's policy of conferring recognition for unanimous-
  consent requests for the consideration of certain measures, see 
  Unanimous-Consent Agreements and Committees of the Whole.


  Sec. 11 . For Motions

      As noted in section 7, supra, the Member in charge of a bill is 
  entitled at all stages to priority in recognition for allowable 
  motions intended to expedite the bill, subject to a determination by 
  the Chair that another Member has a motion of higher precedence. Thus, 
  where one Member moves a call of the House, and another Member 
  immediately moves to adjourn, the Chair will recognize the latter 
  because the motion to adjourn is of higher privilege. 8 Cannon 
  Sec. 2642. If a preferential motion is debatable, a Member must offer 
  it before the other Member has begun debate. This is so because a 
  Member may not, by attempting to offer a preferential motion, deprive 
  another Member, who has begun his remarks, of the floor. 8 Cannon 
  Sec. 3197.
      A Member may lose his right to the floor if he neglects to claim 
  it before another Member with a preferential motion has been 
  recognized. 2 Hinds Sec. 1435. A Member desiring to offer a motion 
  must actively seek recognition from the Chair before another motion to 
  dispose of the pending question has been adopted. The fact that the 
  Member may have been standing at that time is not sufficient to secure 
  recognition. Deschler-Brown Ch 29 Sec. 8.19. Moreover, the mere offer 
  of a motion does not confer recognition. Where another Member has 
  shown due diligence, he may be recognized. Deschler-Brown Ch 29 
  Sec. 23.2.
      For treatment of recognition to offer particular kinds of motions, 
  see Previous Question, Suspension of Rules, Unanimous-Consent 
  Agreements, and other chapters dealing with specific motions.

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  Sec. 12 . Of Opposition After Rejection of Motion

                                 Generally

      Where an essential motion by the Member in charge of a measure is 
  defeated, the right to priority in recognition passes to a Member 
  opposed, as determined by the Speaker. Manual Sec. 954; 2 Hinds 
  Sec. Sec. 1465-1468; Deschler-Brown Ch 29 Sec. 15.6. Thus, where a 
  motion for the previous question is rejected on a pending resolution, 
  the Chair recognizes the Member he perceives to have led the 
  opposition to that motion. 6 Cannon Sec. 308; Deschler-Brown Ch 29 
  Sec. 15.11. Recognition of that Member is not precluded by the fact 
  that was previously recognized and offered an amendment that was ruled 
  out on a point of order. 91-1, Jan. 3, 1969, p 27.
      The principle that the defeat of an essential motion offered by 
  the Member in charge causes recognition to pass to the opposition is 
  applicable in the following instances:

     House rejects a motion to lay an adversely reported resolution 
         of inquiry on the table. Deschler-Brown Ch 29 Sec. 15.3.
     House rejects a motion for the previous question on a 
         resolution reported from the Committee on Rules. Deschler-Brown 
         Ch 29 Sec. 15.14.
     House rejects a motion for the previous question on a 
         resolution relating to the seating of a Member-elect. Deschler-
         Brown Ch 29 Sec. 15.15.
     House rejects a motion for the previous question on a 
         resolution to discipline a Member of the House. 6 Cannon 
         Sec. 236.
     House rejects a motion for the previous question on a 
         resolution providing for adoption of rules. 6 Cannon Sec. 308.
     House rejects a motion for the previous question on a motion 
         to recommit. 107-2, Feb. 27, 2002, p ____.
     House rejects a motion to dispose of a Senate amendment 
         reported from conference in disagreement. Manual Sec. 954. 
         (Recognition passes to opposition for disposition of that 
         Senate amendment only.)
     Committee of the Whole reports a bill adversely. 4 Hinds 
         Sec. 4897; 8 Cannon Sec. 2430.
     Committee of the Whole reports a bill with the recommendation 
         that the enacting clause be stricken. 8 Cannon Sec. 2629.

      The principle that recognition passes to a Member of the 
  opposition is applicable upon defeat of an essential motion by the 
  Member in charge of the bill. A motion to postpone consideration to a 
  day certain is not an essential motion whose defeat requires 
  recognition to pass to a Member opposed. Deschler-Brown Ch 29 
  Sec. 15.2. The mere defeat of an amendment proposed by the Member in 
  charge does not always cause the right to priority in recognition to 
  pass to the opponents. 2 Hinds Sec. 1478. In any case, the recogni

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  tion for a motion by a Member in opposition may be preempted by a 
  motion of higher precedence. Manual Sec. 954.

    Effect of Rejection of Motion for Previous Question on Conference 
                 Report or Rejection of Conference Report

      The right to priority in recognition ordinarily passes to a Member 
  of the opposition when the House refuses to order the previous 
  question on a conference report, because control passes to the 
  opposition upon rejection of the motion for the previous question. 2 
  Hinds Sec. Sec. 1473, 1474; 5 Hinds Sec. 6396. However, the 
  invalidation of a conference report on a point of order, although 
  equivalent to its rejection by the House, does not give the Member 
  raising the question of order the right to the floor and exerts no 
  effect on the right to recognition. 6 Cannon Sec. 313; 8 Cannon 
  Sec. 3284. Rejection of a conference report after the previous 
  question has been ordered thereon does not cause recognition to pass 
  to a Member opposed to the report, and the manager retains control to 
  offer the initial motion to dispose of amendments in disagreement. 
  Manual Sec. 954; 2 Hinds 1477.


  Sec. 13 . As to Special Rules

                         Calling Up Special Rules

      Recognition to call up special rules--that is, order-of-business 
  resolutions from the Committee on Rules--may be sought pursuant to the 
  provisions of rule XIII clause 6(d). Manual Sec. 861. Ordinarily, only 
  a member of the Committee on Rules designated to call up a special 
  rule from the committee may be recognized for that purpose. Deschler-
  Brown Ch 29 Sec. 18.13. Where a special rule has been reported by the 
  committee and has not been called up within the seven legislative days 
  specified by clause 6(d), recognition to call it up may be extended to 
  any member of that committee, including a minority member. Deschler-
  Brown Ch 29 Sec. 18.13. The Member calling up the resolution must have 
  announced his intention one calendar day before seeking recognition. 
  See Manual Sec. 861. Because calling up such a resolution is 
  privileged, the Speaker would be obliged to recognize for this purpose 
  unless another matter of equal privilege was proposed, in which case 
  the order of consideration would be determined pursuant to the 
  Speaker's discretionary power to grant recognition. Deschler-Brown Ch 
  29 Sec. 9.55.

                          Recognition for Debate

      A Member recognized to call up a special rule or resolution by 
  direction of the Committee on Rules controls one hour of debate 
  thereon and may offer one or more amendments thereto. Deschler-Brown 
  Ch 29 Sec. 24.26. He need not have the specific authorization of the 
  committee to offer an

[[Page 786]]

  amendment. Manual Sec. 858. He is recognized for a full hour, 
  notwithstanding the fact that he previously has called up the 
  resolution and withdrawn it after debate. Deschler-Brown Ch 29 
  Sec. 18.17. Other Members may be recognized only if yielded time. 
  Deschler-Brown Ch 29 Sec. 29.23. The resolution is not subject to 
  amendment from the floor by another Member unless the Member in charge 
  yields for that purpose or the House rejects a motion for the previous 
  question. 6 Cannon Sec. 309; Deschler-Brown Ch 29 Sec. 30.5.
      Ordinarily the manager's amendments are voted on after debate and 
  after the previous question is ordered on the amendments and on the 
  resolution. 101-2, Sept. 25, 1990, p 25575.


  Sec. 14 . Under the Five-Minute Rule

                     Generally; Effect of Special Rule

      Recognition of Members to offer amendments in the Committee of the 
  Whole under the five-minute rule is within the discretion of the Chair 
  and cannot be challenged on a point of order. Deschler-Brown Ch 29 
  Sec. 9.6. The Chair does not anticipate the order in which amendments 
  may be offered nor does he declare in advance the order in which he 
  will recognize Members proposing amendments. Deschler-Brown Ch 29 
  Sec. 21.3. The Chair endeavors to alternate recognition to offer 
  amendments between majority and minority Members (giving priority to 
  committee members). Manual Sec. 980. Of course, if a special rule 
  reported from the Committee on Rules specifies those Members who are 
  to control debate, the Chair will extend recognition accordingly. 
  However, where the special rule merely makes in order the 
  consideration of a particular amendment, it does not confer a 
  privileged status on the amendment and does not, absent legislative 
  history establishing a contrary intent by the Committee on Rules, 
  alter the principle that recognition to offer an amendment under the 
  five-minute rule is within the discretion of the Chairman of the 
  Committee of the Whole. 95-2, May 23, 1978, p 15095. Under the modern 
  practice, special orders often provide discretionary priority in 
  recognition to Members who have preprinted their amendments in the 
  Congressional Record. See, e.g., 107-2, H. Res. 428, May 22, 2002, p 
  ____. As to the effect of special rules on the control and 
  distribution of debate time, see Consideration and Debate.

          Priority of Committee Members over Noncommittee Members

      Committee amendments to a pending section are considered before 
  the Chair entertains amendments from the floor. Deschler Ch 27 
  Sec. Sec. 26.1-26.3. When entertaining amendments from the floor 
  during the five-minute rule, the Chair follows certain guidelines as a 
  matter of long-standing custom.

[[Page 787]]

   Among them is that recognition is first accorded to members of the 
  committee reporting the bill over Members of the House who are not on 
  that committee. Deschler-Brown Ch 29 Sec. 21.1. Thus, the Chair 
  normally will recognize a member of a committee reporting a bill to 
  offer a substitute for an amendment before recognizing a noncommittee 
  member, although that committee member may have been recognized 
  separately to debate the original amendment. Deschler-Brown Ch 29 
  Sec. 13.20. Members of the committee reporting a pending bill are 
  entitled to priority in recognition over noncommittee members, without 
  regard to their party affiliation. Thus the Chair may accord priority 
  in recognition to minority members of the reporting committee over 
  majority noncommittee members to offer amendments. Deschler-Brown Ch 
  29 Sec. 13.11.

                  Priorities as Between Committee Members

      In bestowing recognition under the five-minute rule, the Chair 
  gives preference to the chairman and ranking minority member of the 
  committee reporting the bill under consideration. Deschler-Brown Ch 29 
  Sec. 12.12. Thereafter, the Chair endeavors to alternate between 
  majority party and minority party members of the reporting committee. 
  Manual Sec. 981. Priority in recognition to offer amendments is 
  extended to members of the full committee reporting the bill, and the 
  Chair does not accord priority in recognition to members of the 
  subcommittee that considered the bill over other members of the full 
  committee. Deschler-Brown Ch 29 Sec. 13.6. However, in five-minute 
  debate on appropriation bills the Chair may, in his discretion, 
  recognize members of the subcommittee handling the bill first, and 
  then recognize members of the full Committee. Deschler-Brown Ch 29 
  Sec. 12.8.
      In recognizing Members to offer amendments under the five-minute 
  rule, the Chair normally recognizes members of the committee handling 
  the bill in the order of their seniority on the committee. Deschler-
  Brown Ch 29 Sec. 12.3. However, recognition under the five-minute rule 
  remains within the discretion of the Chair, and on rare occasions he 
  has recognized a junior member of the committee reporting the bill. 
  Deschler-Brown Ch 29 Sec. 21.8.


  Sec. 15 . -- Under Limited Five-Minute Debate

      The House, by unanimous consent, may agree to limit or extend 
  debate under the five-minute rule in the Committee of the Whole, 
  whether or not that debate has commenced. In the Committee of the 
  Whole, debate under the five-minute rule may be limited by the 
  Committee by unanimous consent or, after preliminary debate, by 
  motion. See Consideration and Debate. When such a limitation has been 
  agreed to, the general rules of rec

[[Page 788]]

  ognition applied under the five-minute rule are considered abrogated. 
  Deschler-Brown Ch 29 Sec. 22.14. Decisions regarding recognition 
  during the remaining time, a division of time not having been ordered 
  as part of the limitation, are largely within the discretion of the 
  Chair. Deschler-Brown Ch 29 Sec. 22.15. He may, in his discretion, 
  either (1) permit continued debate under the five-minute rule, (2) 
  allocate the remaining time among those desiring to speak, or (3) 
  divide the time between a proponent and an opponent to be yielded by 
  them (which has become the prevailing practice). Manual Sec. 987. The 
  order in which the Chair recognizes Members desiring to speak also is 
  subject to his discretion. He may take into account such factors as 
  their committee status, whether they have amendments at the desk, and 
  their seniority. Deschler-Brown Ch 29 Sec. 22.12. In exercising these 
  discretionary powers, the Chair may:

     Announce that he will attempt to divide the time equally among 
         those Members standing at the time the limitation is imposed 
         and then, if time remains, recognize other Members seeking 
         recognition. Deschler-Brown Ch 29 Sec. 22.13.
     Divide the time equally among all those Members who were on 
         their feet seeking recognition, whether or not they have 
         previously spoken to the question. Deschler-Brown Ch 29 
         Sec. 22.9.
     Recognize Members wishing to offer amendments and those 
         opposed to the amendments. Deschler-Brown Ch 29 Sec. 22.15.
     Divide the time between the majority and minority managers of 
         the bill. Deschler-Brown Ch 29 Sec. 79.71.
     Allocate time on an amendment between the proponent and an 
         opponent thereof, to be yielded by them. Deschler-Brown Ch 29 
         Sec. 24.29.
     Recognize first those Members wishing to offer amendments 
         after having equally divided the time among all Members 
         desiring to speak. Manual Sec. 987.
     Recognize during remaining time those Members who have a 
         desire to speak, and then Members who have not spoken to the 
         amendment or Members who were recognized for less than five 
         minutes under the limitation of time. Deschler-Brown Ch 29 
         Sec. 25.10.
     Allocate the remaining time in three equal parts--to the 
         offeror of an amendment, to the offeror of an amendment to the 
         amendment, and to the floor manager of the bill. Deschler-Brown 
         Ch 29 Sec. 79.78.
     Continue to recognize Members under the five-minute rule 
         (usually where the time remaining for debate is fixed at a 
         longer period, such as an hour and a half, and is subject to 
         any subsequent limitations on time ordered on separate 
         amendments when offered). Deschler-Brown Ch 29 Sec. Sec. 79.32, 
         79.46.

[[Page 789]]

     Continue to recognize Members under the five-minute rule but 
         subsequently divide any remaining debate time among those 
         Members standing and reserve some time for the committee to 
         conclude debate. Deschler-Brown Ch 29 Sec. 79.125.
     Reallocate remaining time, after intial allocation, among 
         Members who have not spoken or proceed again under the five-
         minute rule. Deschler-Brown Ch 29 Sec. 22.43.


  Sec. 16 . As to House-Senate Conferences

                     Recognition to Seek a Conference

      A motion to send a measure to conference is authorized by rule 
  XXII clause 1. Manual Sec. 1070; see Conferences Between the Houses. 
  The motion is in order if the appropriate committee has authorized the 
  motion and the Speaker in his discretion recognizes for that purpose. 
  Deschler-Brown Ch 29 Sec. 17.1. The Speaker will not recognize for the 
  motion where he has referred the Senate amendment in question to the 
  House committee or committees with jurisdiction and they have not yet 
  had the opportunity to consider the amendment. Manual Sec. 1070.
      Recognition for debate and control of debate time on the motion, 
  see Conferences Between the Houses.

                       Motions to Instruct Conferees

      Recognition to offer a motion to instruct House conferees on a 
  measure initially being sent to conference is the prerogative of the 
  minority. The Speaker recognizes the ranking minority member of the 
  committee reporting the bill if that member seeks recognition to offer 
  the motion after the request or motion to go to conference is agreed 
  to and before the Speaker's appointment of conferees. Deschler-Brown 
  Ch 33 Sec. 11.1. Where two minority members of the committee that has 
  reported a bill seek recognition to offer a motion to instruct 
  conferees pending their appointment by the Speaker, the Chair will 
  recognize the senior minority member of that committee. Manual 
  Sec. 541.
      If a motion for the previous question is voted down on a motion to 
  instruct the managers on the part of the House, the motion is open to 
  amendment and the Speaker may recognize a Member opposed to ordering 
  the previous question to control the time and offer an amendment. 
  Deschler Ch 23 Sec. 23.7.
      Recognition for debate and control of debate time on a motion to 
  instruct, see Conferences Between the Houses.

[[Page 790]]

                       Calling Up Conference Reports

      A conference report normally is called up for consideration in the 
  House by the senior majority manager on the part of the House at the 
  conference, and he may be recognized to do so, even though he did not 
  sign the report and in fact was opposed to it. Deschler-Brown Ch 29 
  Sec. 17.7. If the senior House conferee cannot be present on the floor 
  to call up the report, the Speaker may recognize a junior majority 
  member of the conference committee. Deschler-Brown Ch 29 Sec. 27.6. 
  The Speaker also may extend recognition to call up the report to the 
  conferee who is chairman or ranking majority member of a committee 
  with jurisdiction. 6 Cannon Sec. 301; Deschler-Brown Ch 29 Sec. 27.7. 
  Where a conference consists of conferees appointed from more than one 
  committee, the conference report may be called up by the chairman of a 
  committee that was not the primary committee in the House. 97-2, Dec. 
  21, 1982, pp 33299, 33300.
      Recognition to dispose of amendments between the Houses or for 
  debate thereon, see Senate Bills; Amendments Between the Houses.