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CHAPTER 4

House Facilities and Capitol Grounds

A. Introductory § 1. In General; Care, Protection and Use § 2. Demonstrations and Disturbances § 3. Hall of the House § 4. Admission to House Floor

B. House Galleries and Buildings § 5. Galleries § 6. Office Buildings

INDEX TO PRECEDENTS

Assignment of office suites to Mem- Gallery tickets, distribution of, § 5.2 bers, § 6.1 Hall, use of, for purposes of enter- Chamber, photographs of, § 3.5 tainment, § 3.2 Chamber, use of, § 3.1 Joint sessions, floor privileges at, after adjournment, § 3.3 § 4.3 Cloakroom, use of, § 4.1 Office suites, assignment of, § 6.1 Floor privileges, § 4.2 Protection of Capitol by federal during election contests, § 4.5 troops, § 1.2 during joint sessions, § 4.3 Select committees, operation of for former Members, § 4.7 House facility by, § 1.1 for recipients of congressional appre- Speaker’s lobby, use of, § 4.1 ciation, § 4.6 Visitors, Speaker’s control over, § 5.1 for U.S. Senators, § 4.8 Visitors in galleries, making ref- suspension of rule as to, § 4.2 erence to, §§ 5.3–5.5 Gallery occupants, conduct of, § 5.6 Visitors in House office buildings, sanctions against, § 5.6 § 6.2

267

House Facilities and Capitol Grounds

A. INTRODUCTORY § 1. In General; Care, Pro- care of the exterior,(6) repairs,(7) tection and Use and in the House side of the Cap- itol the lighting, heating, and ven- The manner in which a par- tilating.(8) He also carries into ef- ticular facility of the House may fect the provision prohibiting the be used is frequently regulated by use of the Capitol rooms for pri- a federal statute, federal judicial vate studios or works of art, with- decision, House rule, or precedent out permission from the Joint of the House. The discussion in Committee on the Library.(9) this chapter emphasizes those fa- Privately-owned works of art cilities that are regulated by one may not be exhibited in Statuary or more of the above. While the Hall, the Rotunda, nor in the cor- creation of several special select ridors of the Capitol. 40 USC committees to oversee the man- § 189 (1970). National Statuary agement of certain designated Hall, however, may be used for House facilities is described ceremonies when special permis- below,(1) standing committee juris- sion is given by the Speaker. See diction over the various House fa- Ch. 36, infra. ( ) cilities is discussed elsewhere. 2 The responsibility for policing Numerous statutory enact- the Capitol buildings and grounds ( ) ments 3 provide for the care, pro- is vested in the Capitol Police, tection, and use of the Capitol under the direction of the Capitol building and grounds. The Archi- Police Board.(10) On several ex- tect of the Capitol (4) supervises the care and superintendence of 6. 40 USC § 163a (1970). the Capitol Building,(5) including 7. 40 USC § 166 (1970). 8. 40 USC § 167 (1970). 1. See § 1.1, infra. 9. 40 USC § 190 (1970). 2. See Ch. 17, infra. 10. 40 USC § 212a (1970). The Capitol 3. See 40 USC §§ 161–217a. Police Board consists of the Sergeant 4. For a description of the powers and at Arms of the , duties of the the Sergeant at Arms of the House see 40 USC § 162 (1970). of Representatives, and the Architect 5. 40 USC § 163 (1970). of the Capitol. 40 USC § 212a (1970).

269 Ch. 4 § 1 DESCHLER’S PRECEDENTS traordinary occasions, however, Creation of Select Committees Federal troops have been called to protect the Capitol.(11) § 1.1 The House sometimes cre- The protection of the Capitol ates a special select com- building and grounds (12) is regu- mittee to manage or oversee lated by statutory provisions (13) the operation of a designated that limit the conduct and activi- House facility. ties which are permitted to occur On Dec. 6, 1967,(19) the House there. Public use of the Capitol adopted a resolution creating a se- grounds is generally confined to lect committee to manage the paved areas,(14) and the roads on House Beauty Shop. The resolu- the grounds may not be occupied tion vested complete managerial in such manner as to obstruct or authority in the three-member hinder their proper use.(15) Sales committee, which was to be ap- and solicitations are forbidden, as pointed by the Speaker. The select are advertising displays.(16) A pro- committee was made permanent vision also makes punishable by Pub. L. No. 91–145 (83 Stat. climbing upon, removing or dam- 347). aging any property or plant life on The House has adopted similar the Capitol grounds.(17) The unau- resolutions on several other occa- (20) thorized presence upon the floor of sions. In the 90th Congress the either House, in the gallery of ei- House adopted a resolution cre- ating a select committee to regu- ther House, or in any room within late parking on the House side of any of the Capitol buildings des- the Capitol. In the 91st Con- ignated for the use of any Mem- gress (1) the House established a ber, committee, subcommittee, or select committee to oversee the employee of either House of Con- management of the House Res- gress is statutorily prohibited.(18) taurant.(2)

11. See § 1.2, infra. 19. 113 CONG REC. 35143, 90th Cong. 12. The area comprising the Capitol 1st Sess. grounds is described at 40 USC 20. 113 CONG. REC. 17791, 17792, 90th § 193a (1970). Cong. 1st Sess., June 28, 1967. 13. 40 USC §§ 193a–193m (1970). 1. 115 CONG. REC. 19080, 19081, 91st 14. 40 USC § 193b (1970). Cong. 1st Sess., July 10, 1969. 15. 40 USC § 193c (1970). 2. The responsibility for the manage- 16. 40 USC § 193d (1970). ment of the House Restaurant is, by 17. 40 USC § 193e (1970). statute, vested in the Architect of 18. 40 USC § 193f(b)(1)–(3) (1970). the Capitol. 40 USC § 174k (1970).

270 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 1

Protection of Capitol by Fed- Capitol until Friday, Apr. 12, eral Troops when they were withdrawn on order of the Secretary of Defense. § 1.2 Federal troops have been The deployment of troops was in called upon to guard the accordance with the Emergency Capitol and its facilities on Plan for Protection of the Capitol, several extraordinary occa- which had been previously ap- sions. proved by the Speaker of the On Apr. 5, 1968, in response to House and the Vice President of the widespread civil disorder that the United States. Specific author- arose in the District of Columbia ity was neither requested by nor following the assassination of Dr. received from the Speaker or Martin Luther King in Memphis, other Capitol officials prior to the Tennessee, the preceding day, assignment of troops to guard the President Lyndon B. Johnson Capitol. ( ) issued an executive order 3 au- On Feb. 25, 1943,(4) Speaker thorizing the Secretary of Defense Sam Rayburn, of Texas, from the to mobilize National Guard Troops floor of the House, defended his and to order regular armed forces policy of having the Capitol pro- into the District of Columbia to tected by federal soldiers for a restore law and order, protect gov- time during World War II: ernment property and prevent in- terference with governmental ac- Mr. Speaker, I am utterly amazed at tivities. The Capitol was one of my colleague from Minnesota, a man usually of splendid judgment and abso- the first areas secured when the lute fairness. troops arrived on Friday, Apr. 5. We have on this hill $180,000,000 Troops remained on duty at the worth of property...... It happens to be the business of The Committee on House Adminis- the Speaker of the House of Represent- tration has jurisdiction of measures atives to protect the property on this relating to the House Restaurant. hill, and it cannot be protected by a Rule XI clause 9(1), House Rules and few Metropolitan Police. . . . [S]ome Manual § 693 (1973). The Select day or some night somebody may come Committee on the House Restaurant, into this building and destroy a million which supervises the operation of the dollars worth of property. As long as I restaurant, now operates under the have the responsibility, I am going to authority of the Committee on House keep somebody here to protect these Administration. House Rules and buildings. Manual § 695 (1973). 3. Executive Order No. 11403, 33 Fed. 4. 89 CONG. REC. 1324, 78th Cong. 1st Reg. (1968). Sess.

271 Ch. 4 § 2 DESCHLER’S PRECEDENTS

§ 2. Demonstrations and to impede passage through or Disturbances within the Capitol grounds or Capitol buildings; to engage in Federal statutory provisions (5) any act of physical violence upon make violent, disorderly or disrup- the Capitol grounds or within any tive acts in the Capitol building or of the Capitol buildings; or to pa- on the Capitol grounds unlawful, rade, demonstrate, or picket with- as well as prohibiting all unau- in any of the Capitol buildings.(8) thorized demonstrations. The un- On Nov. 6, 1972,(9) the Supreme authorized possession or use on Court ruled that section 193g of the Capitol grounds of any fire- title 40 unconstitutionally arm, dangerous weapon, explo- abridges the first amendment sive, or incendiary device is un- right to assemble and petition the lawful.(6) The unauthorized pres- government. Section 193g pro- ence of any person or any group of vides: persons upon the floor or in the It is forbidden to parade, stand, or gallery of either House of Con- move in processions or assemblages in gress is a violation of federal stat- said Grounds, or utory law, as is unauthorized to display therein any flag, banner, or presence in any room within any device designed or adapted to bring of the Capitol buildings set aside into public notice any party, organiza- or designated for the use of either tion, or movement, except as herein- House of Congress or any Mem- after provided in sections 193j and 193k of this title. ber, committee, subcommittee, of- ficer, or employee of either House Sections 193j and 193k provide of Congress, with the intent to that on ‘‘proper occasions’’ the pro- disrupt the orderly conduct of offi- hibitions contained in sections cial business.(7) It is also unlawful 193b-193g may be suspended by to willfully and knowingly utter the President of the Senate and abusive language at any place the Speaker of the House, or in upon the Capitol grounds with the their absence by the Capitol Police intent to disturb the orderly con- Board. duct of any session of either The Jeannette Rankin Brigade, House of Congress, including com- a coalition of women against the mittee or subcommittee hearings; 8. 40 USC § 193f(b)(4)–(7) (1970). 5. 40 USC §§ 193f and 193g (1970). 9. Chief of Capitol Police v Jeannette 6. 40 USC § 193f(a)(1) (1970). Rankin Brigade, 409 U.S. 972 (Nov. 7. 40 USC § 193f(b)(1)–(3) (1970). 6, 1972).

272 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 2 war in Vietnam, and 58 individual trict Court to the Supreme Court. women filed a complaint in the The Supreme Court, acting with- United States District Court for out a hearing and with no written the District of Columbia on Jan. opinion, affirmed the decision of 8, 1968, following the refusal by the District Court holding section the Capitol Police Board to permit 193g to be unconstitutional.(12) them to carry out a planned On Mar. 1, 1954,(13) an extraor- march on the Capitol grounds to dinary incident occurred in the protest the war. The three-judge House Chamber. A discharge of court balanced the plaintiffs’ right firearms from the House Gallery to assemble and petition the gov- interrupted the counting of a divi- ernment under the First Amend- sion vote on a resolution relating ment against the interests of maintaining the serenity of the to the supplying of agricultural Capitol grounds and concluded: workers from Mexico. Four Puerto Rican terrorists in Gallery Eleven While some substantial govern- fired an estimated 20 to 30 pistol mental interests in the Capitol Grounds may warrant protection, none shots downward into the crowd of have been alleged which are suffi- Members on the floor. Five Mem- ciently substantial to override the fun- bers were wounded. All five of the damental right to petition ‘‘in its clas- wounded Members were dis- sic form’’ and to justify a blanket pro- hibition of all assemblies, no matter charged from the hospitals by the how peaceful and orderly, anywhere on end of May, 1954. the Capitol Grounds.(10) The four assailants were identi- The court refused to rewrite the fied by police as belonging to the provision to make it consistent Puerto Rican Nationalist Party. with the First Amendment rights They were brought to trial in the of the plaintiffs, stating that U.S. District Court for the District under the concepts embodied in of Columbia. Three of the four the separation of powers doctrine, were sentenced to serve a total of such a function is more appro- from 25 to 75 years in prison, priately to be performed by Con- while the fourth was sentenced to gress.(11) serve from 16 years and months The defendants took a direct ap- to 50 Years. peal from the decision of the Dis- 12. Chief of Capitol Police v Jeannette 10. Jeannette Rankin Brigade v Chief of Rankin Brigade, 409 U.S. 972 (Nov. Capitol Police, 342 F Supp 575, 585 6, 1972). (D.D.C. 1972). 13. 100 CONG. REC. 2434, 83d Cong. 2d 11. 342 F SUPP at 587. Sess.

273 Ch. 4 § 3 DESCHLER’S PRECEDENTS

§ 3. Hall of the House times held in the Chamber, as Rule XXXI specifically authorizes Under House Rule I clause 3, them.(17) Occasionally the House the Speaker has ‘‘general control votes to participate in ceremonies . . . of the Hall of the House.’’ (14) to be held in the Hall.(18) A more specific provision dealing It is in violation of the common with the use of the House Cham- law of the House for a visitor, ber, however, is Rule XXXI: without authorization, to photo- ( ) The Hall of the House shall be used graph the House Chamber. 19 only for the legislative business of the However, the House, by resolu- House and for the caucus meetings of tion, sometimes permits special its Members, except upon occasions groups, such as historical soci- where the House by resolution agrees to take a part in any ceremonies to be eties, to photograph the House in (20) observed therein; and the Speaker session, and the Speaker usu- shall not entertain a motion for the ally permits a photograph of the suspension of this Rule.(15) House in session to be taken on ( ) The House has been very reluc- the first day of each Congress. 1 tant to permit the Chamber to be used for other than legislative Use of House Chamber purposes. An occasion on which § 3.1 The House Chamber is oc- the House permitted the Chair- casionally used for certain man of the Isthmian Canal Com- meetings of Members. mission to address the House, rel- ( ) ative to the construction of the On Jan. 10, 1947, 2 an an- Panama Canal, was characterized nouncement was made in the as ‘‘[a]n exceptional instance in House concerning a meeting to be which the Hall of the House was 17. § 3.1, infra. used for other than legislative 18. See Ch. 36, infra. business.’’ 8 Cannon’s Precedents 19. See § 3.5, infra. § 3632. It is not necessary, however, to clear Members may not entertain the gallery when one visitor is vio- guests in the Hall,(16) but caucus lating the rules by taking pictures. meetings of Members are some- The Speaker may order the offending party to leave the gallery. See § 5.7, 14. House Rules and Manual § 623 infra. (1973). 20. See § 3.5, infra. 15. House Rules and Manual § 918 1. See § 3.5, infra. (1973). 2. 93 CONG. REC. 255, 80th Cong. 1st 16. § 3.2, infra. Sess.

274 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 3 held in the House Chamber for held in the House Chamber imme- the veterans of all wars who were diately after the adjournment of Members of the House at that Congress. time. The stated purpose of the meeting was the reorganization of § 3.3 The House controls the a veterans’ group, and this meet- use of its Chamber even after ing, as well as all future ones, was it adjourns for a session. to be nonpolitical, social, and edu- On June 18, 1934,(5) a resolu- cational in character. tion was introduced to prevent the use of the House Chamber after § 3.2 Permission to use the the adjournment of Congress for Hall of the House for pur- certain entertainment which was poses of entertainment will to be broadcast over radio. A ordinarily be refused. Member then raised the point of order that the resolution was not (3) On Feb. 14, 1955, Speaker privileged, because it was con- Sam Rayburn, of Texas, after templated that the entertainment reading the text of Rule XXXI, would be held after the adjourn- made the following remarks con- ment of the House. The Speaker (6) cerning the use of the Hall of the rendered the following ruling on House: the point of order: A great many Members have asked The object of the resolution is to the Parliamentarian and the present reach something which might occur occupant of the chair about the use of after the adjournment of the House, the Hall of the House of Representa- but the Chair thinks it is a close ques- tives. At any time in the future when tion. The House controls the use of its any Member desires to entertain a own Chamber even after it adjourns; group except Members of the House of therefore the Chair prefers to submit Representatives it will be held that the the question to the House. caucus room is open for that purpose, The previous question was then but not the Hall of the House of Rep- ordered, and the resolution was resentatives. agreed to. On June 18, 1934,(4) the House adopted a resolution forbidding § 3.4 On one occasion the certain entertainment, which was House authorized a special to be broadcast over radio, to be group to use the House Chamber when the House 3. 101 CONG. REC. 1512, 84th Cong. 1st was not in session. Sess. 4. 78 CONG. REC. 12567, 73d Cong. 2d 5. Id. Sess. 6. Henry T. Rainey (Ill.).

275 Ch. 4 § 3 DESCHLER’S PRECEDENTS

On Aug. 1, 1953,(7) the House The Speaker traditionally per- by unanimous consent considered mits certain photographers to and adopted the following resolu- take photographs at the opening tion: session of each new Congress, pro- Resolved, That the consent of the vided that they do so in accord- House is hereby granted for the use by ance with carefully drawn guide- the Interparliamentary Union of the lines. Occasionally members of the Hall of the House of Representatives, news media have violated these and such committee rooms in the Cap- itol and the House Office Buildings as guidelines. At the opening session the Speaker may direct, for its session of the 91st Congress, members of in the year 1953, during the month of the news media violated the re- October: Provided, however, That this strictions by taking pictures dur- consent shall not be binding if the Con- ing the period when the kleig gress shall be in session when the said Interparliamentary Union shall con- lights were turned out. Speaker vene: And provided further, That such McCormack called this matter to use shall be subject to the control and the attention of the news media management of the officers of the galleries and requested a report House. from each on the action taken by Photographing the House them with respect to the viola- Chamber tions of the regulations as well as the provisions they were making § 3.5 Visitors may not, without to prevent such violations in the authorization, photograph future.(9) the House Chamber. On Jan. 14, 1946, photog- Parliamentarian’s Note: Under raphers violated the guidelines by the practice of the House, permis- taking a picture of the House in sion must be obtained before pho- session before the initial quorum tographs may be taken inside the call. The photograph, showing ap- House Chamber. Permission may proximately 60 Members present take the form of a House resolu- in the Chamber, was published in tion similar to the one which per- newspapers throughout the coun- mitted the United States Capitol try, along with a caption berating Historical Society to photograph Congress for not attending to du- the House in session.(8) ties at the beginning of the ses-

7. 99 CONG. REC. 10917, 83d Cong. 1st 9. See the statement by Speaker John Sess. W. McCormack (Mass.) at 115 CONG. 8. See 110 CONG. REC. 3224, 88th REC. 145, 91st Cong. 1st Sess., Jan. Cong. 2d Sess., Feb. 20, 1964. 6, 1969.

276 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 sion. See the statement by Speak- ed officers and elected minority em- er pro tempore John W. McCor- ployees of the House (other than Mem- bers), the Parliamentarian and former mack, of Massachusetts, at 92 Parliamentarians of the House, former CONG. REC. 20, 79th Cong. 2d elected officers and former elected mi- Sess., Jan. 14, 1946. nority employees of the House (other than ex-Members) who are not inter- ested in any claim or directly in any bill pending before Congress, and § 4. Admission to House clerks of committees when business Floor from their committee is under consid- eration; and it shall not be in order for House Rule XXXII clause 1 (10) the Speaker to entertain a request for the suspension of this rule or to enumerates those persons entitled present from the chair the request of to be admitted to the floor or any Member for unanimous consent. (11) rooms leading thereto, while Rule XXXII clause 2 sets forth the the House is in session: conditions under which persons 1. The persons hereinafter named, may be admitted to the floor when and none other, shall be admitted to the House is not in session: the Hall of the House or rooms leading thereto, viz: The President and Vice There shall be excluded at all times President of the United States and from the Hall of the House of Rep- their private secretaries, judges of the resentatives and the cloakrooms all persons not entitled to the privilege of Supreme Court, Members of Congress the floor during the session, except and Members-elect, contestants in elec- that until fifteen minutes of the hour tion cases during the pendency of their of the meeting of the House persons cases in the House, the Secretary and employed in its service, accredited Sergeant-at-Arms of the Senate, heads members of the press entitled to ad- of departments, foreign ministers, gov- mission to the press gallery, and other ernors of States, the Architect of the persons on request of Members, by Capitol, the Librarian of Congress and card or in writing, may be admitted. his assistant in charge of the Law Li- The provision that prohibits the brary, the Resident Commissioner to (12) the United States from Puerto Rico, Speaker from entertaining a each Delegate to the House, such per- request for the suspension of Rule sons as have, by name, received the XXXII has been rigidly enforced thanks of Congress, ex-Members of the during regular sessions.(13) House of Representatives who are not interested in any claim or directly in 12. This provision in Rule XXXII clause any bill pending before Congress, elect- 1 is equally applicable to the Chair- man of the Committee of the Whole. 10. House Rules and Manual § 919 5 Hinds’ Precedents § 7285. (1973). 13. See § 4.2, infra; 5 Hinds’ Precedents 11. See § 4.1, infra. § 7284.

277 Ch. 4 § 4 DESCHLER’S PRECEDENTS

On the occasion of ceremonies, rent resolution expressing the however, the provision is con- thanks of Congress does not enti- strued more broadly.(14) tle the recipient to floor privileges At joint meetings of Congress, under Rule XXXII. The expression although Rule XXXII is observed, of thanks must be in the form of it is recognized under the customs an ,(17) and the re- and practices of the House that cipient must be named.(18) The one of the purposes of a joint type of interest in the legislation meeting is to permit selected peo- under consideration that is suffi- ple who do not have floor privi- cient to disqualify an ex-Member leges to come upon the floor.(15) from the privilege of the floor has Several of the classes of persons been interpreted on several occa- entitled to floor privileges under sions.(19) Rule XXXII have been further de- The rule has been interpreted fined in rulings by the Chair. so as to exclude from the privilege ‘‘Contestants’’ in election contests of the floor clerks other than those have been granted the privilege of employed by the committee in the House floor even though they charge of the bill under consider- were not themselves candidates in ation.(20) Similarly, floor privileges the general election.(16) A concur- are not extended to employees of

14. Illustrative of this point is an occur- 17. See § 4.6, infra. rence described in 5 Hinds’ Prece- 18. 8 Cannon’s Precedents § 3638. dents § 7290. On Dec. 19, 1894, 19. Speaker Sam Rayburn (Tex.) held Speaker Charles F. Crisp (Ga.) sub- that employment by an organization mitted a unanimous-consent request with a direct interest in the legisla- that a State Governor and his staff tion under consideration was suffi- be admitted to the floor during a cient. For an interpretation of this ceremony the following day, despite provision by a committee of Con- the provision in Rule XXXII that gress, see 5 Hinds’ Precedents prohibits submission of such re- § 7289. quests. The Speaker considered the 20. 8 Cannon’s Precedents § 3636. rule to apply only when the House Rule XXXII, which permits was engaged in the transaction of or- clerks of committees access to the dinary business. floor during the consideration of 15. See § 4.4, infra. But see 5 Hinds’ business from their committee, has Precedents § 9272, which states that been interpreted by the Speaker to the rule relating to admission to the allow only a limited number of clerks floor does not apply to joint sessions on the floor at one time. 118 CONG. of the two Houses. REC. 20318, 92d Cong. 2d Sess., 16. See § 4.5, infra. June 8, 1972.

278 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 an executive department who privileges of the floor for a regular have assisted the committee in session of the House. This has the preparation of the bill under been done, however, only on sev- consideration.(1) United States eral early occasions.(5) Senators have been held not to The Doorkeeper, as part of his possess the privilege of addressing general duties,(6) enforces strictly the House, although they may be the rules relating to the privileges (2) present on the House floor. of the Hall of the House (7) and al- In addition to the floor privi- lows no person to enter the room leges granted under Rule XXXII, over the Hall while the House is certain representatives of the in session.(8) press and broadcast media may be He also sees that the floor is admitted to the floor under House cleared of all persons without floor Rule XXXIV: privileges 15 minutes before each 2. . . . [A]nd the Speaker may as- meeting of the House and for 10 sign one seat on the floor to Associated (9) Press reporters and one to United minutes after adjournment. Press International, and regulate the An alleged violation of the rules occupation of the same. And the relating to admission to the floor Speaker may admit to the floor, under presents a question of privilege.(10) such regulations as he may prescribe, one additional representative of each 5. On Feb. 10, 1870, the privileges of press association.(3) the floor for a day were extended to 3. . . . [A]nd the Speaker may admit John Kitts, a Revolutionary War sol- to the floor, under such regulations as dier, who had seen the surrender of he may prescribe, one representative of Cornwallis. 5 Hinds’ Precedents the National Broadcasting Company, one of the Columbia Broadcasting Sys- § 7293. On Jan. 8, 1844, the House tem, one of the Mutual Broadcasting extended the privileges of the floor to System, and one of the American the widow of President Madison. 5 Broadcasting Company.(4) Hinds’ Precedents § 7081. 6. For a more detailed discussion of the The House may grant to some- duties of the Doorkeeper, see Ch. 6, one not entitled to floor privileges infra. under the House rules the rare 7. Rule V clause 1, House Rules and honor of special admission to the Manual § 651 (1973). 8. Rule V clause 2, House Rules and 1. 6 Cannon’s Precedents § 579. Manual § 653 (1973). 2. See § 4.8, infra. 9. Rule V clause 2, House Rules and 3. House Rules and Manual § 930a Manual § 653 (1973). (1973). 10. 6 Cannon’s Precedents § 579.3 Hinds’ 4. Id. Precedents §§ 2624–25.

279 Ch. 4 § 4 DESCHLER’S PRECEDENTS

Rooms Adjacent to Floor or to the Speaker’s lobby, so-called, where Members and the newspaper § 4.1 Persons who are not enti- folk and others that are privileged to be in there confer. tled to floor privileges under Rule XXXII may not be ad- Suspension of Rule Relative to mitted to the ‘‘Hall of the Floor Privileges House or rooms leading thereto,’’ which include the § 4.2 The Chair may not enter- cloakroom and the Speaker’s tain a request to suspend lobby. Rule XXXII, which enumer- On Oct. 2, 1945,(11) the fol- ates those persons entitled to lowing proceedings occurred: admission to the House floor. (13) MR. [FRANK B.] KEEFE [of Wis- On Mar. 25, 1940, prior to consin]: Mr. Speaker, a parliamentary the consideration of a bill to pro- inquiry. vide revenue for the District of THE SPEAKER: (12) The gentleman will Columbia, the following unani- state it. mous-consent request was made: MR. KEEFE: Mr. Speaker, rule XXXII MR. [JACK] NICHOLS [of Oklahoma]: of the Rules of the House of Represent- . . . First, Mr. Speaker, I ask unani- atives reads, in part: mous consent that an expert who has The persons hereinafter named aided this committee in the prepara- and none other shall be admitted to tion of this bill be permitted to sit at the halls of the House or rooms lead- the committee table. ing thereto. . . . MR. [JOSEPH W.] MARTIN [Jr.] of . . . [D]oes the language ‘‘or rooms Massachusetts: Reserving the right to leading thereto’’ include the lobby and object, Mr. Speaker, I am afraid this would be establishing quite a prece- reading room adjacent to the House dent. It is contrary to the rules of the floor? House. THE SPEAKER: The Chair may say to MR. NICHOLS: I may say to the gen- the gentleman from Wisconsin [Mr. tleman from Massachusetts that when Keefe] that the present occupant of the similar bills were considered on two Chair has always been very jealous of previous occasions on the floor of the all the rules of the House, and espe- House the same request was made and cially this one. agreed to. Certainly there is precedent The Chair thinks that no person who for such action in the House. is not named in the rule should have THE SPEAKER: (14) The Chair observes the privilege of the floor of the House that under the rules the Chair cannot of Representatives or to the cloakroom entertain such a request.

11. 91 CONG. REC. 9251, 79th Cong. 1st 13. 86 CONG. REC. 3359, 76th Cong. 3d Sess. Sess. 12. Sam Rayburn (Tex.). 14. William B. Bankhead (Ala.).

280 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4

MR. NICHOLS: Similar requests have THE SPEAKER: The Chair desires to been submitted and granted when pre- make an announcement. vious tax bills have been under consid- After consultation with the majority eration, Mr. Speaker. and minority leaders, and with their THE SPEAKER: Rule XXXIII [now consent and approval, the Chair an- Rule XXXII], which enumerates those nounces that at the time set for the persons entitled to the floor, provides, joint session to hear an address by the in part, as follows: President of the United States, only It shall not be in order for the the doors immediately opposite the Speaker to entertain a request for Speaker and those on his left and right the suspension of this rule or to will be open. No one will be allowed on present from the Chair the request the floor of the House who does not of any Member for unanimous con- have the privileges of the floor of the sent. House. The Chair suggests that ex- This is the general rule relating to Members of the House seat themselves admission to the floor of the House. in the folding chairs so that sitting Of course, personally, the Chair has Members may find their accustomed no feeling in the matter. Although it places in the Chamber. may have been done heretofore, the at- tention of the Chair was not called to Parliamentarian’s Note: On Apr. it. 14, 1948, Speaker Joseph W. Mar- tin, Jr., of Massachusetts, ad- Joint Sessions of Congress dressed a letter to all Members of the House suggesting that they § 4.3 Prior to a scheduled joint refrain from attempting to bring meeting of Congress, the children or relatives on the floor, Speaker frequently an- during the upcoming celebration nounces that only persons of the 50th anniversary of the lib- with floor privileges will be eration of Cuba. admitted to the floor during the joint meeting. § 4.4 Although Rule XXXII, The following announcement, which enumerates those per- made by Speaker John W. McCor- sons entitled to floor privi- mack, of Massachusetts, on Jan. leges, is observed at joint 10, 1967,(15) is typical: meetings of Congress, it is recognized that under the 15. 113 CONG. REC. 34, 35, 90th Cong. customs and practices of the 1st Sess. For further illustrations see House, one of the purposes of 111 CONG. REC. 27, 89th Cong. 1st a joint meeting is to permit Sess., Jan. 4, 1965; 107 CONG. REC. 1340, 87th Cong. 1st Sess., Jan. 26, people who do not have the 1961; 97 CONG. REC. 4072, 82d Cong. privilege of the floor to come 1st Sess., Apr. 18, 1951. upon the floor. 281 Ch. 4 § 4 DESCHLER’S PRECEDENTS

On Feb. 24, 1970,(16) the fol- MR. PODELL: . . . I shall read to you lowing parliamentary inquiry was [rule] 32 of the Rules of the House of raised: Representatives relating to admission to the floor. MR. [BERTRAM L.] PODELL [of New The persons hereinafter named, and York]: Mr. Speaker, I should like to none other, shall be admitted to the make a parliamentary inquiry. Hall of the House or rooms leading THE SPEAKER: (17) The gentleman will thereto, viz: The President and Vice state his parliamentary inquiry. President of the United States and MR. PODELL: I should like to know their private secretaries, judges of the whether or not on tomorrow, at 12:30, Supreme Court, Members of Congress during the address by President and Members-elect. . . . Pompidou to the joint meeting of the It continues on with a few more cat- House of Representatives and the Sen- egories, and it says that no other per- ate, whether Rule 32 of the Rules of son shall be admitted to the floor and the House of Representatives relating the Speaker may not request such per- to admissions to the floor will be recog- mission under the appropriate provi- nized, or whether those rules will be sions. suspended? THE SPEAKER: In further response to THE SPEAKER: The answer to that is the gentleman’s inquiry, the Chair will that the rule will be recognized, but follow the customs and the practices of the purpose of the joint meeting is to the House when there is a joint meet- receive the visitor who will come to the ing taking place. House Chamber. The Chair will follow the rules of the House. Contestants in Election Con- MR. PODELL: Mr. Speaker, a further tests parliamentary inquiry. THE SPEAKER: The gentleman will § 4.5 On one occasion chal- state it. lengers in an election contest MR. PODELL: I should like to know whether or not rule 32, which relates were considered to be ‘‘con- to the restriction of those people to be testants’’ who were entitled admitted to the floor, will be observed to floor privileges pursuant tomorrow, or whether it will be sus- to Rule XXXII during the pended because it is a joint meeting or pendency of their case, even because the House is in recess? though they had not been THE SPEAKER: The Chair will state that one of the purposes of a joint candidates in the election in meeting is to permit people who do not which the sitting Members have the privilege of the floor to come were re-elected. upon the floor. Parliamentarian’s Note: On 16. 116 CONG. REC. 4546, 91st Cong. 2d Sept. 16, 1965, three of the five Sess. representatives of the Mississippi 17. John W. McCormack (Mass.). Freedom Democratic Party who 282 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 were contesting the re-election of within the meaning of Rule the five sitting Members of the XXXII, and were therefore enti- House from Mississippi, requested tled to be present on the floor dur- permission from the Speaker to be ing the consideration of their chal- present on the floor the following lenges.(20) day for the debate relative to their cases. Under Rule XXXII, ‘‘con- Recipients of Congressional testants in election cases during Appreciation the pendency of their cases in the House’’ (18) are entitled to floor § 4.6 A privileges. Since none of the chal- expressing the thanks of lengers had been actual can- Congress, because it is not didates in the congressional elec- an act of Congress, is not suf- tions the previous November, ficient to bestow floor privi- however, their status as ‘‘contest- leges, under Rule XXXII. ants’’ within the meaning of Rule Parliamentarian’s Note: The XXXII was in doubt. The chal- House, on July 20, 1962,(1) and lengers had been defeated in the the Senate, three days later,(2) Democratic primary, and state passed a concurrent resolution (H. law had not permitted them to be Con. Res. 347) expressing the candidates in the general election. thanks of Congress to General of They alleged that the State of the Army, Douglas MacArthur. In Mississippi had systematically ex- response to an informal inquiry, cluded blacks from the electoral the Parliamentarian, on Aug. 10, process, and that the election was 1962, informed a Member that therefore without constitutional while Rule XXXII extends floor validity. The Speaker (19) noting privileges to ‘‘such persons as that both the resolution dis- have, by name, received the missing the election contests (H. Res. 585) and the report of the 20. For a Member’s statement during Committee on House Administra- the debate on the resolution dis- missing the election contests ac- tion (H. Rept. No. 1008, 89th knowledging the presence of the Cong. 1st Sess. [1965]), referred to three contestants on the floor, see the petitioners as contestants, 111 CONG. REC. 24267, 24268, 89th ruled that they were ‘‘contestants’’ Cong. 1st Sess., Sept. 17, 1965. 1. 108 CONG. REC. 14329, 87th Cong. 18. Rule XXXII clause 1, House Rules 2d Sess. and Manual § 919 (1973). 2. 108 CONG. REC. 14528, 87th Cong. 19. John W. McCormack (Mass.). 2d Sess., July 23, 1962.

283 Ch. 4 § 4 DESCHLER’S PRECEDENTS thanks of Congress,’’ (3) the con- The persons hereinafter named and none other shall be admitted to current resolution passed in favor the halls of the House or rooms lead- of General MacArthur was not an ing thereto. act of Congress and did not be- stow the privilege. Then follows a list of those permitted, including: Ex-Members of the House Ex-Members of the House of Rep- resentatives who are not interested in any claim or directly in any bill § 4.7 An ex-Member who has a pending before the Congress. direct interest in a bill pend- ing before Congress or who . . . [D]oes the quoted rule bar from the halls of the House or rooms leading is in the employ of an organi- thereto ex-Members of Congress who zation with such an interest are in the employ of organizations, cor- may not enjoy the privilege porations, or individuals that have a of the floor during pendency direct interest in the defeat or passage thereof that is normally af- of a bill pending and under debate in forded ex-Members by Rule the House? THE SPEAKER: The Chair may say to XXXII. the gentleman from Wisconsin [Mr. On Oct. 1, 1945, a former Mem- Keefe] that the present occupant of the ber, Winder Harris, was present chair has always been very jealous of at the majority table while the all the rules of the House, and espe- House was considering a ship- cially this one. The Chair thinks that sales bill. [Parliamentarian’s Note: not even an ex- Winder Harris was at the time an when he has a bill he is personally in- terested in that is coming up for con- officer in a ship-building firm.] sideration in the House nor any ex- (4) The following day, the propriety Member of the House who is in the of his presence was questioned: employ of an organization that has leg- MR. [FRANK B.] KEEFE [of Wis- islation before the Congress should be consin]: Mr. Speaker, a parliamentary allowed the privilege of the House or inquiry. the rooms that . . . constitute a part of THE SPEAKER: (5) The gentleman will the House of Representatives. state it. MR. KEEFE: Mr. Speaker, rule XXXII United States Senators of the Rules of the House of Represent- atives reads, in part: § 4.8 Since United States Sen- ators have the privilege of 3. Rule XXXII clause 1, House Rules and Manual § 919 (1973). the floor, but not the privi- 4. 91 CONG. REC. 9251, 79th Cong. 1st lege of addressing the House, Sess., Oct. 2, 1945. the Speaker will not recog- 5. Sam Rayburn (Tex.). nize a Member who wishes to 284 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5

request unanimous consent MR. [JOHN E.] RANKIN [of Mis- for consideration of a resolu- sissippi]: A parliamentary inquiry, Mr. tion inviting Members of the Speaker. Senate to address the House; THE SPEAKER: The gentleman will state it. such a resolution will be re- MR. RANKIN: Of course, the Speaker ferred to the proper com- has a right to refuse to recognize me mittee. for that purpose, but I think if the On Oct. 11, 1943,(6) after sev- Speaker will investigate the rules he eral Members expressed a desire will find that we have a right to invite that the House invite five Mem- those men to come here to address the Members in the House. bers of the Senate, who had just THE SPEAKER: The Chair has already returned from the war fronts to investigated that and finds it is other- address the House, Speaker Sam wise. Members of the Senate have the Rayburn, of Texas, made a state- privilege of the floor, but they do not ment on the subject, which was have the privilege of addressing the followed by several clarifying par- House of Representatives. liamentary inquiries: MR. [CLARE E.] HOFFMAN [of Michi- gan]: Mr. Speaker, a parliamentary in- The Chair does not intend to recog- quiry. nize a Member to ask unanimous con- THE SPEAKER: The gentleman will sent for the present consideration of a state it. resolution inviting Senators to address the House in open or , MR. HOFFMAN: Would it be within because the Chair thinks that is tanta- the rules to have a recess, as we do mount to an amendment to the rules of when foreign potentates and rulers the House and, therefore, is a matter come here, and have the Senators for the House to determine. If resolu- come over and talk to us? tions like that are introduced, they will THE SPEAKER: If the House stands in be sent to the proper committee. recess at that time.

B. HOUSE GALLERIES AND BUILDINGS § 5. Galleries Rule XXXII (7) the Speaker is re- sponsible for assigning sections of The House rules vest in the the galleries. He sets aside a por- Speaker control over the galleries tion of the West Gallery for the in the House Chamber. Under President of the United States,

6. 89 CONG. REC. 8197, 8198, 78th 7. House Rules and Manual § 922 Cong. 1st Sess. (1973).

285 Ch. 4 § 5 DESCHLER’S PRECEDENTS cabinet members, Supreme Court ties under Rule I,(12) the Speaker Justices, foreign ministers and preserves order and decorum in suites, and their respective fami- the galleries, and in the case of lies and another portion for per- disturbance or disorderly conduct, sons to be admitted on the card of he may order the galleries (13) Members. The southerly half of cleared. When the House has the East Gallery is assigned for resolved itself into the Committee of the Whole, the Chairman may the use of Members’ families. Rep- (8) exercise similar power in pre- resentatives of the press and serving order in the galleries.(14) (9) broadcast media are each enti- The Doorkeeper frequently dis- tled to have a portion of the gal- tributes tickets for admission to lery set aside for their use, subject the galleries on special occa- to such regulations as the Speaker sions.(15) Sometimes the House, by may prescribe. Supervision of resolution, makes a special rule these two portions of the gallery, for admission to the galleries on including the designation of em- the occasion of the electoral ployees, is vested respectively in a count (16) or some other occurrence standing committee of press cor- of great interest.(17) respondents and a second com- Rule XIV clause 8 (18) prohibits mittee, the Executive Committee a Member, while the House is in of the Radio and Television Cor- session, from introducing to or respondents’ Gallery. Both of bringing to the attention of the these committees, however, are House any occupant in the gal- subject to the direction and con- leries. The Speaker may not en- (10) tertain a request for the suspen- trol of the Speaker. sion of this rule by unanimous The Speaker, when he deems it consent or otherwise, (19) and if it necessary to protect the Members’ and the Houses’ facilities, may 12. House Rules and Manual §§ 621–634 order special admission cards for (1973). the galleries or a search of visi- 13. Rule I clause 2, House Rules and tors.(11) As part of his regular du- Manual § 622 (1973). 14. Rule XXIII clause 1, House Rules 8. Rule XXXII, House Rules and Man- and Manual § 861 (1973). ual § 922 (1973). 15. See § 5.2, infra. 9. Rule XXXIV clause 3, House Rules 16. 3 Hinds’ Precedents § 1961. and Manual § 930a (1973). 17. 5 Hinds’ Precedents § 7033. 10. Rule XXXIV clauses 2 and 3, House 18. House Rules and Manual § 764 Rules and Manual §§ 930 and 930a (1973). (1973). 19. Rule XIV clause 8, House Rules and 11. See § 5.1, infra. Manual § 764 (1973).

286 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5 is violated without objection from Members and the facilities the other Members present in the require it, he may order spe- Chamber, he will invoke it on his cial admission cards for the own initiative.(20) galleries or a search of visi- The rules and practices of the tors. House do not permit visitors in On Feb. 23, 1942,(5) Speaker the galleries to manifest their ap- Sam Rayburn, of Texas, set forth proval or disapproval of the pro- the reasons for ordering the ceedings on the floor by applause issuance of new gallery admission ( ) or otherwise. 1 cards and the search of visitors On occasions when cir- entering the galleries: cumstances have warranted it, an- THE SPEAKER: One of the respon- nouncements by the Chair admon- sibilities of the Speakership is the pro- ishing visitors in the galleries not tection of the Members and the places to applaud have usually been suf- in which they work. This responsi- ficient to restore order.(2) Under bility, of course, is a little more anx- the customs and practices of the ious one right now than in ordinary House, a visitor in the galleries times, and anything that is done or any regulation that is issued is issued may not, without authorization, after the best and most competent ad- ( ) photograph the House Chamber. 3 vice the Speaker is able to get. The Speaker may find that it is Some time ago cards were issued not necessary to clear the gal- and no one was allowed to come into leries when one visitor is violating the gallery without one. These cards the rule. He may just order the of- have been outstanding for some time, fending party to leave the House and I am sorry to say they have been widely distributed, many of them (4) Chamber. mailed to distant points in the country.

The Chair and those who advise him have decided that it is best to revoke Speaker’s Control Over Admis- all outstanding cards of admission to sion of Visitors the galleries. New cards have been printed and will be distributed to the Members today and tomorrow, as the § 5.1 When the Speaker’s re- cards to the gallery outstanding will sponsibility to protect the not be honored after Wednesday morn- ing. . . . 20. See § 5.3, infra. Another thing that those who advise 1. See § 5.6, infra. me think is highly advisable is that 2. See § 5.6, infra 3. See § 3.5, supra. 5. 88 CONG. REC. 1524, 77th Cong. 2d 4. See § 5.7, infra. Sess.

287 Ch. 4 § 5 DESCHLER’S PRECEDENTS

the people entering any of the gal- sponsibility of the Door- leries, except the Members’ gallery, keeper of the House. submit themselves to search. This is ( ) thought wise and judicious by men On Feb. 28, 1945, 7 a Member who will be in the Capitol and who will on the minority side made an in- be competent for the work. quiry of the Chair concerning the I hope this may not seem too irk- allocation of gallery tickets for an some to some of our people who may upcoming joint session of Con- come to Washington. I am willing to gress. The Member alleged that take this responsibility for the reason the majority generally receives all that if a mishap occurs around the of the approximately 100 tickets Capitol somebody has got to take the responsibility, and I am willing to that remain after each Member of share my part of it. So I hope the cards the House and Senate receives that will be issued in lieu of those out- one ticket. In response, the Speak- ( ) standing may be handed in Wash- er pro tempore 8 declared that ington to visitors and constituents of the tickets are distributed in a yours and not be mailed around the proper and equitable way, and country. stated that the matter was the re- Parliamentarian’s Note: Fol- sponsibility of the Doorkeeper. lowing the shooting which oc- curred in the House Chamber on Reference by Members to Visi- Mar. 1, 1954,(6) the Speaker can- tors Present in Galleries celed all outstanding gallery ad- § 5.3 It is a violation of Rule mission cards, effective the day XIV clause 8 to introduce or following the shooting. New cards call attention to anyone in were printed for distribution the the galleries, and the Speak- following day, with a request er, on his own initiative, will being made to all Members by the invoke this provision. Speaker that gallery cards be ( ) issued only to persons who could On Apr. 16, 1940, 9 the fol- be vouched for by each Member lowing proceedings occurred: issuing the new cards. 7. 91 CONG. REC. 1594, 1595, 79th Cong. 1st Sess. Distribution of Gallery Tickets 8. John W. McCormack (Mass.). for Special Occasions 9. 86 CONG. REC. 4589, 76th Cong. 3d Sess. For further examples see 110 § 5.2 The distribution of tick- CONG. REC. 2264, 88th Cong. 2d ets for seats in the gallery for Sess., Feb. 6, 1964; 109 CONG. REC. special occasions is the re- 10157, 10158, 88th Cong. 1st Sess., June 4, 1963; 100 CONG. REC. 12253, 6. See § 2, supra. 83d Cong. 2d Sess., July 27, 1954.

288 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5

MR. [BERNARD J.] GEHRMANN [of other Members present in the Wisconsin]: Mr. Speaker, I am very Chamber, and the Speaker (13) did proud to be able to announce that not invoke the rule because at the there are two children in the gallery—— time he was engaged in conversa- THE SPEAKER PRO TEMPORE: (10) The tion at the rostrum and was un- gentleman from Wisconsin will sus- able to hear the remarks. pend. The Chair calls the gentleman’s attention to the fact that it is a viola- § 5.4 It is not in order under tion of the rules of the House for a Rule XIV clause 8 to refer to Member on the floor to introduce any- visitors in the galleries, even one in the gallery. with permission to proceed MR. GEHRMANN: Mr. Speaker, I beg the Chair’s pardon, but I am not intro- out of order. ducing them. I just want to say that On July 27, 1954,(14) a Member there are two children who were attempted to direct the attention stranded in Finland in the war zone. They got out of there just before—— of the House to a French nurse, a THE SPEAKER PRO TEMPORE: The heroine of the Battle of Dien Bien gentleman’s remarks are still a viola- Phu, who was seated in the gal- tion of the rules of the House. lery: MR. GEHRMANN: Mr. Speaker, it MR. [WALTER H.] JUDD [of Min- would seem that the extraordinary oc- nesota]: Mr. Chairman, I appreciate casion, the fact that the State Depart- the gentleman’s courtesy in permitting ment interested itself—— this short interlude. One of the things THE SPEAKER PRO TEMPORE: The that always thrills everybody in the time of the gentleman from Wisconsin world is courage and devotion to duty, has expired. especially when under most trying and Parliamentarian’s Note: On sev- dangerous circumstances. I appreciate eral occasions,(11) a Member. in the opportunity to call attention to the presence in our gallery—— violation of Rule XIV clause 8,(12) THE CHAIRMAN: (15) The gentleman has called the presence of certain from Minnesota will suspend. The visitors in the gallery to the atten- Chair regrets extremely—— tion of the House. The remarks MR. JUDD: Mr. Chairman, I ask were made without objection by unanimous consent to proceed out of order. 10. Sam Rayburn (Tex.). THE CHAIRMAN: The gentleman may 11. 111 CONG. REC. 6022, 6023, 89th not proceed out of order for the pur- Cong. 1st Sess., Mar. 25, 1965; 111 CONG. REC. 5637, 89th Cong. 1st 13. John W. McCormack (Mass.). Sess., Mar. 23, 1965. 14. 100 CONG. REC. 12253, 83d Cong. 2d 12. House Rules and Manual § 764 Sess. (1973). 15. Benjamin F. James (Pa.).

289 Ch. 4 § 5 DESCHLER’S PRECEDENTS

pose [for] which he manifestly intends the galleries may not mani- to use the time. The Chair regrets ex- tremely that he must so hold under the fest their approval or dis- rules of procedure of the House. We approval of proceedings on are all conscious of the great heroism the floor by applause or oth- of the person to whom the Chair knows that the gentleman wishes to allude, erwise. but it is a matter of extreme regret On occasion it has become nec- that because of the rules of the House, reference may not be made to anyone essary for the Chair to admonish in the gallery. guests in the galleries that they must maintain order and refrain § 5.5 It is a violation of Rule from manifestations of approval or XIV clause 8 for a Member to disapproval of the proceedings on insert in the Congressional the floor.(17) Record a reference to visitors The following statement made present in the galleries. by the Chairman of the Com- Parliamentarian’s Note: On mittee of the Whole, Chet June 13, 1968,(16) a Member was Holifield, of California, on July 31, given permission to address the 1969,(18) is typical: House for one minute and revise The Chair will state that visitors in and extend his remarks. In revis- the gallery are guests of the House of ing his statement for the Congres- Representatives. Under the rules and sional Record, he inserted a ref- practices of the House of Representa- erence to visitors who had been tives, visitors in the gallery are not present in the galleries, and sent permitted to make undue noise or to the statement directly to the Gov- applaud or to in any way show their ernment Printing Office instead of pleasure or displeasure as to the ac- returning it to the Official Report- tions of the Members of the House. ers of Debate. The Government Printing Office was advised to § 5.7 It is not necessary to contact the Official Reporters of clear the gallery when one Debate or the Parliamentarian in visitor is violating the rules the event similar violations of the by taking pictures; the rules are attempted. Speaker may order the of-

Conduct of Gallery Occupants; 17. See, e.g., 111; CONG. REC. 27449, Sanctions 91st Cong. 2d Sess., Aug. 5, 1970; 116 CONG. REC. 14449, 91st Cong. 2d § 5.6 Under the rules and prac- Sess., May 6, 1970; 112 CONG. REC. tices of the House visitors in 16837, 89th Cong. 2d Sess., July 25, 1966. 16. 114 CONG. REC. 17062, 90th Cong. 18. 115 CONG. REC. 21634, 91st Cong. 2d Sess. 1st Sess.

290 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6

fending party to leave the ized to prescribe rules and regula- gallery. tions governing the use and occu- On Feb. 22, 1950,(19) a visitor pancy of rooms in the House office (3) with a camera was detected in the buildings. gallery: The procedure for the assign- ment of rooms in the House office ( ) THE SPEAKER: 20 The Chair under- buildings is provided by statute (4) stands there is a camera in the gallery. and by rules adopted by the Whoever has that camera will remove the camera or remove themselves and House Office Building Commis- ( ) the camera immediately. That is a vio- sion. 5 Section 178 of title 40 pro- lation of the rules of the House. vides that the assignment of va- MR. [JOHN E.] RANKIN [of Mis- cant offices will be based on writ- sissippi]: Mr. Speaker, a parliamentary ten requests filed by Members or inquiry. In that case, it is not the rule Members-elect. If only one such to clear the gallery? request has been made for a par- THE SPEAKER: Not necessarily. ticular vacant office, it will be as- MR. RANKIN: To clear them of those signed as requested. If two or who are violating the law. more Members request the same THE SPEAKER: The Chair has just made that suggestion. vacant office, preference will be his successor as Speaker is elected or his term as a Representative in Con- § 6. Office Buildings gress expires. 3. 40 USC § 175 (1970). Section 183 of The House office buildings are title 40 provides that the assignment under the control and supervision and reassignment of rooms and other of the Architect of the Capitol, space in the House office buildings subject to the approval and direc- shall be subject to the control of the tion of the House Office Building House by rule, resolution, order, or otherwise, and that nothing in sec- (1) Commission. The commission tions 177–184 of title 40 (discussed consists of the Speaker and two below) shall be construed to affect or Members appointed by the Speak- repeal the provisions of section 175 er.(2) The commission is author- of the same title, which places the House office buildings under the con- 19. 96 CONG. REC. 2152, 81st Cong. 2d trol of the Architect of the Capitol, Sess. subject to the approval and direction 20. Sam Rayburn (Tex.). of the House Office Building Com- 1. 40 USC § 175 (1970). mission. 2. 40 USC § 175 (1970). Under 40 USC 4. 40 USC §§ 177–184 (1970). § 176 (1970), the Speaker continues 5. House Rules and Manual § 985 as a member of the commission until (1971).

291 Ch. 4 § 6 DESCHLER’S PRECEDENTS given to the one ‘‘who has been The House Office Building Com- longest in continuous service as a mission has adopted rules of pro- Member and Member-elect of the cedure for the assignment of va- House.’’ (6) If two or more Rep- cant offices that are designed to resentatives with equal periods of clarify the statutory procedures continuous service, or two or more defined in section 178 of title Representatives-elect request the 40.(11) Under these provisions, if same vacant office, preference will an office becomes vacant during a be given to the one who first files session of Congress, applications a request. for the vacancy will be received A Representative or Representa- for a period of 10 days. The sys- tive-elect may not have pending at tem of priority established in sec- the same time more than one re- tion 178 is generally applicable, in quest under section 178 for a va- addition to a provision that would cant room, but he may withdraw a establish priority by lot in the request at anytime.(7) A Member event that applications are re- will be deemed to have relin- ceived at the same time from quished the room previously as- Members with equal periods of signed to him when he is assigned service. Applications from re-elect- a new room upon his request, or is ed Members and former Members appointed chairman of a com- who wish to change offices at the mittee having a committee beginning of a new Congress are room.(8) Representatives may ex- received between the Monday fol- change rooms with each other, but lowing election day on the even the exchange will be valid only so years and Dec. 1. The seniority long as both remain Members or provisions of section 178 again es- Members-elect of the House.(9) tablish priority. On Dec. 5, Mem- Records of room assignments, ex- bers-elect without prior service, or changes and requests, which are their representatives, draw num- kept by the Architect of the Cap- bers to determine the order of se- itol, are open for the inspection of 11. The rules are reprinted in House (10) Members. Rules and Manual § 985 (1973). In 1968 the commission promulgated a 6. For an interpretation of the term similar set of rules based on senior- ‘‘continuous service,’’ see § 6.1. infra. ity to govern the assignment of re- 7. 40 USC § 179 (1970). modeled rooms in the Cannon House 8. 40 USC § 179 (1970). Office Building. See 114 CONG. REC. 9. 40 USC § 180 (1970). 22155, 90th Cong. 2d Sess., July 18, 10. 40 USC § 181 (1970). 1968.

292 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6 lection-of the remaining offices. At one time,(13) the seniority of Those who do not participate in a Member for the purpose of room the drawing must file written ap- assignment dated from the begin- plications for the offices that re- ning of his last uninterrupted main unassigned after the conclu- service regardless of previous sion of the drawing. Members of terms of membership in the Congress who will not be Mem- House. This interpretation of ‘‘con- bers of the succeeding Congress tinuous service’’, which was ren- must vacate their offices by 12 dered on Feb. 8, 1930, by Speaker o’clock noon on January 1 before Nicholas Longworth, of Ohio, as Chairman of the House Office the new Congress convenes. Building Commission, was It is provided by statute that changed by the commission on unoccupied space in the House of- Feb. 27, 1967. Under this current fice buildings shall be assigned by ruling, a Member who has had the Architect of the Capitol under more than one period of uninter- the direction of the commission rupted service is entitled to have and subject to the control of the his longest period of uninter- House of Representatives. 40 USC rupted service used in deter- § 184 (1970). mining room assignment priority, The commission also adopts even if it is not his last such pe- rules regulating conduct of per- riod.(14) sons within the House office build- ings, House garages, and the Cap- itol power plant. For example, on Assignment of Office Suites to Aug. 26, 1965, the commission Members promulgated rules which, among other things, regulated soliciting § 6.1 If two or more Members and the taking of photographs request the same office suite, within the House office buildings preference will be given to and related facilities.(12) the Member with a longest period of uninterrupted serv- 12. 111 CONG. REC. 23926, 23927, 89th ice, even if it is not his latest Cong. 1st Sess., Sept. 15, 1965. The period of service. regulations make subject to arrest ( ) and prosecution those persons who On Mar. 2, 1967, 15 Speaker fail to comply with the above provi- John W. McCormack, of Massa- sions, or with those sections which prohibit damaging public property, 13. 8 Cannon’s Precedents § 3651. possessing weapons and explosives, 14. See § 6.1, infra. creating disturbances, or obstructing 15. 113 CONG. REC. 5218, 90th Cong. 1st any area covered by the regulations. Sess.

293 Ch. 4 § 6 DESCHLER’S PRECEDENTS chusetts, as Chairman of the uninterrupted service as a Member House Office Building Commis- and Member-elect of the House of Rep- sion, announced the rule of the resentatives (not necessarily the last period of uninterrupted service as held commission concerning the com- in Cannon’s Precedents, Vol. 8, Page putation of seniority, as it relates 981, Sec. 3651).’’ to the selection and assignment of This ruling is effective February 27, office space: 1967 and is being submitted as a mat- ter of record for the information of all MR. MCCORMACK: Mr. Speaker, for Members of the House of Representa- the information of the Members, I in- tives. clude an action recently taken by the House Office Building Commission: Visitors in House Office Build- ASSIGNMENT OF ROOMS, HOUSE ings OFFICE BUILDINGS In connection with assignment of § 6.2 The House Office Build- rooms to Members of the House of Rep- ing Commission has jurisdic- resentatives in the House Office Build- tion over matters relating to ings, 40 U.S.C. 178 provides, in part, the harassment of visitors in as follows: the House office buildings. If two or more requests are made for ( ) the same vacant room, preference shall On May 3, 1935, 16 a par- be given to the Representative making liamentary inquiry was raised the request who has been longest in concerning the jurisdiction of and continuous service as a Member and the rules adopted by the commis- Member-elect of the House of Rep- sion: resentatives. The question was raised before the MR. [THOMAS L.] BLANTON [of House Office Building Commission as Texas]: Mr. Speaker, may I propound a to whether the wording ‘‘longest con- parliamentary inquiry? tinuous service’’ should refer to any pe- THE SPEAKER: (17) The gentleman will riod of continuous service whether or state it. not such continuous service occurred MR. BLANTON: The Speaker of the before or after a break in service in the House of Representatives is the Chair- House. man of the House Office Building Com- At a meeting of February 27, 1967, mission in charge of the House Office the House Office Building Commission Building and which controls these of- unanimously ruled on this point, as fol- fice buildings. lows: I would like to ask the Speaker if ‘‘The term ‘longest continuous serv- there are any means that a Member ice’ as used in 40 U.S.C. 178, gov- erning seniority in assignment of 16. 79 CONG. REC. 6894, 74th Cong. 1st rooms in the House Office Buildings, is Sess. held to refer to the longest period of 17. Joseph W. Byrns (Tenn.).

294 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6

has, under the regulations prescribed (1) Property damage: Willful destruc- by the Commission governing these tion, damage, desecration or removal of buildings, to prevent a Washington any Government property or part newspaper from installing a snooper at thereof is prohibited. his office to interrogate and harass (2) Photographs: Photographing, every person that goes in or comes out televising, recording, or broadcasting of of a Member’s office in that Govern- committee proceedings is not per- ment building? mitted, except as provided for by the THE SPEAKER: The Commission is Rules of the House. Visitors are per- composed of 3 Members and the mitted to take photographs of the pub- Speaker is only 1 of the 3. I would be lic areas in the House office buildings pleased if the gentleman would take with handheld cameras if the photo- the matter up with the Commission as graphs are not intended for commercial a whole. We will be very pleased to purposes. The use of flash equipment give the gentleman a hearing and dis- or other special photolighting devices, cuss the matter with him. tripods, or other bulky accessory equip- ment is not permitted unless special Rules and Regulations as to permission is obtained from the House Use Office Building Commission. Applica- tions for such special permission § 6.3 Rules and regulations should be made to the Speaker. governing the House office (3) Soliciting, commercial ventures, and other nongovernmental activities: buildings have been adopted The soliciting of alms and contribu- by the House Office Building tions, commercial soliciting, and vend- Commission. ing of all kinds, the display or distribu- On Mar. 5, 1973, the House Of- tion of commercial advertising, the col- lecting of private debts, or the distribu- fice Building Commission adopted tion of material such as pamphlets, the following rules: handbills, and flyers, in any of the Pursuant to the authority conferred areas covered by these regulations is on the House Office Building Commis- prohibited. This section does not apply sion by the act of March 4, 1907 (34 to national or local drives for funds for Stat. 1365, as amended (40 U.S.C. welfare, health, and other purposes 175)) the following rules and regula- sponsored or approved by the House tions are promulgated governing the Office Building Commission, or to per- use and occupancy of rooms and sonal notices posted by employees on spaces, including all terraces, en- authorized bulletin boards. trances, lobbies, foyers, corridors, cafe- (4) Weapons and explosives: No per- terias, restaurants and areas appur- son, except members of the Capitol Po- tenant thereto, in the Cannon, Long- lice and individuals authorized by law, worth, and Rayburn House Office shall enter any of the areas covered by Buildings, in the House Annex, the these regulations who has in his pos- House of Representatives garages, and session, either openly or concealed, any the : dangerous or deadly weapon, explosive,

295 Ch. 4 § 6 DESCHLER’S PRECEDENTS

incendiary, or electronic device, and tory or directory nature, and, during the use or discharge thereof is prohib- emergencies, with directions of the ited. Capitol Police or other authorized au- (5) Disturbances: The making or any thority. harangue, oration, or the utterance of (8) Enforcement of regulations: It any loud, threatening, or abusive lan- guage or sound, or the use of any de- shall be the duty of all persons em- vice which emits any loud, threatening, ployed in the service of the or abusive language or sound, is pro- Governmcnt in the House Office Build- hibited. ings to prevent, as far as may be in (6) Obstruction: It is forbidden to pa- their power, violations of these regula- rade, stand, or move in processions or tions, and to aid the Capitol Police and assemblages, or to obstruct the foyers, other authorized authority, by informa- corridors, rooms or other areas covered tion or otherwise, in securing the ap- by these regulations, or to display prehension of persons violating these therein any flag, banner, or device de- regulations. signed or adapted to bring into public notice any person, party, organization, Any person who fails or refuses to or movement. comply with these regulations, or who (7) Compliance with regulations: fails or refuses to comply with direc- Persons entering, in, or on the areas tives of the Capitol Police or other au- covered by these regulations shall com- thorized personnel, shall be subject to ply with all official signs of a prohibi- arrest and prosecution.

296