Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress-Rule XXX.Use of Exhibits

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Rules of the House of Representatives]
[Pages 778-779]
[From the U.S. Government Printing Office, www.gpo.gov]



[[Page 778]]
 

                                Rule XXX.


                            use of exhibits.




Sec. 915. Objections to use of exhibits.

  When the  use of any 
exhibit in debate is objected to by any Member, it shall be determined 
without debate by a vote of the House.


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


[[Page 779]]

may not, as a matter of right, require the reading 
of a book or paper on suggestion that it contains matter infringing on 
the privileges of the House (V, 5258).


Sec. 916. History of former rule on reading of 
papers.

  The earlier  form of the rule, originally adopted in 1794 and amended in 
1802 and 1880 (V, 5257), addressed reading from papers. It recognized 
the right of a Member under the general parliamentary law to have read 
the paper on which the House is to vote (V, 5258), but when that paper 
had been read once, the reading could not be repeated unless by order of 
the House (V, 5260). The right could be abrogated by suspension of the 
rules (V, 5278-5284; VIII, 3400); but was not abrogated simply by the 
fact that the current procedure was taking place under the rule for 
suspension (V, 5273-5277). On a motion to refer a report, the reading of 
it could be demanded as a matter of right, but the latest ruling left to 
the House to determine whether or not an accompanying record of 
testimony should be read (V, 5261, 5262). In general the reading of a 
report was held to be in the nature of debate (V, 5292); but where a 
report presented facts and conclusions but no legislative proposition, 
it was read if submitted for action (IV, 4663). Where a paper is offered 
as involving a matter of privilege it may be read to the House (III, 
2597; VI, 606; VIII, 2599), rather than by the Speaker privately (III, 
2546), but a Member 


  The former rule prohibiting the reading of papers in debate was held 
to apply to the exhibition of articles as evidence or in exemplification 
in debate (VIII, 2452, 2453; June 2, 1937, pp. 6104-05; Aug. 5, 1949, p. 
10859), and the new form of the rule adopted in the 103d Congress (H. 
Res. 5, Jan. 5, 1993, p. ----) marks the modern relevance of that 
application. While Members may use exhibits such as charts during debate 
subject to this rule, the Speaker may, pursuant to his authority to 
preserve order and decorum under rule I (see Sec. 622, supra), direct 
the removal of a chart from the well of the House which is not being 
utilized during debate (Apr. 1, 1982, p. 6304), or which is otherwise 
disruptive of decorum.






Sec. 917. Earlier practice.

  The reading  of papers other than 
the one on which the vote was about to be taken was usually permitted 
without question (V, 5258), and the Member in debate usually read such 
papers as he pleased, but this privilege was subject to the authority of 
the House if another Member objected (V, 5285-5288, 5289-5291; VIII, 
2597, 2602; Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This 
principle applied even to the Member's own written speech (V, 5258; 
VIII, 2598), to a report which he proposed to have read in his own time 
or to read in his place (V, 5293), and to excerpts from the 
Congressional Record (VIII, 2597). But, on a motion to lay on the table, 
a demand for the reading of a paper other than the one to which the 
motion applied was overruled (V, 5297); and after the previous question 
were ordered a Member could not ask the decision of the House as to the 
reading of a paper not before the House for action (V, 5296), even 
though it be the report of the committee (V, 5294, 5295). For further 
discussion, see Sec. Sec. 432-436, supra. The consent of the House 
pursuant to the former form of this rule for a Member to read a paper in 
debate only permitted the Member seeking such permission to read as much 
of the paper as possible in the time yielded or allotted to that Member, 
and did not necessarily grant permission to read or to insert the entire 
document (Mar. 1, 1979, p. 3748). Where a Member objected to another's 
reading from a paper the Chair put the question without debate, and it 
was not in order under the guise of parliamentary inquiry to debate that 
question by indicating that the objection was a dilatory tactic (Dec. 
10, 1987, p. 34672).