    [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 317-341]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 317]]

        RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

                                     Rule I.

                             duties of the speaker.

    Sec. 621. Journal;
    Speaker's approval.

      1. The Speaker shall take the Chair on every legislative day precisely
    at the hour to which the House shall have adjourned at the last sitting
    and immediately call the Members to order.  The Speaker, having examined the Journal of the
    proceedings of the last day's sitting and approved the same, shall
    announce to the House his approval of the Journal, and the Speaker's
    approval of the Journal shall be deemed to be agreed to subject to a
    vote on agreeing to the Speaker's approval on the demand of any Member,
    which vote, if decided in the affirmative, shall not be subject to a
    motion to reconsider. It shall be in order to offer one motion that the
    Journal be read only if the Speaker's approval of the Journal is not
    agreed to, and such motion shall be determined without debate and shall
    not be subject to a motion to reconsider.

    [[Page 318]]

      This clause was adopted in 1789, amended in 1811, 1824 (II, 1310),
    1971 (Jan. 22, 1971, pp. 14-15, 140-44, with the implementation of the
    Legislative Reorganization Act of 1970, 84 Stat. 1140) and 1979 (H. Res.
    5, 96th Cong., Jan. 15, 1979, pp. 7, 16).

      The hour of meeting is fixed by standing order, and has traditionally
    been set at 12 m. (I, 104-109, 116, 117; IV, 4325); but beginning in the
    95th Congress, the House by standing order formalized the practice of
    varying its convening time to accommodate committee meetings on certain
    days of the week and to maximize time for floor action on other days. In
    the 100th through the 103d Congresses, the House adopted a resolution
    providing that it meet at noon on Mondays and Tuesdays, 2 p.m. on
    Wednesdays, and 11 a.m. on the balance of the week through May 14, after
    which the convening time for Wednesdays through Saturdays would advance
    to 10 a.m. for the remainder of the session (e.g., H. Res. 7, 100th
    Cong., Jan. 6, 1987, p. 19). In the 104th Congress the House adopted a
    resolution providing that it meet at 2 p.m. on Mondays, 11 a.m. on
    Tuesdays and Wednesdays, and 10 a.m. on the balance of the week through
    May 13, after which the convening time would advance to noon on Mondays
    and 10 a.m. for the balance of the week for the remainder of the session
    (H. Res. 8, Jan. 4, 1995, p. ----). In the second session of the 104th
    Congress and the first session of the 105th Congress, the House adopted
    a resolution providing that it meet at 2 p.m. on Mondays, 11 a.m. on
    Tuesdays and Wednesdays, and 10 a.m. on the balance of the week through
    May 12, after which the convening time would advance to noon on Mondays,
    10 a.m. on Tuesdays and Wednesdays and Thursdays, and 9 a.m. on the
    balance of the week for the remainder of the session (H. Res. 327, Jan.
    3, 1996, p. ----; H. Res. 9, Jan. 7, 1997, p. ----). The House retains
    the right to vary from this schedule by use of the motion to adjourn to
    a day or time certain as provided in clause 4 of rule XVI. By special
    order, the House may provide for a session of the House on a Sunday,
    traditionally a ``dies non'' under the precedents of the House (Dec. 17,
    1982, p. 31946; Dec. 18, 1987, p. 36352; Nov. 19, 1989, p. 30029; Aug.
    20, 1994, p. ----). Beginning in the second session of the 103d
    Congress, the House has by unanimous consent agreed to convene at an
    earlier hour on Mondays and Tuesdays for morning-hour debate and then
    recess to the hour established for convening under this clause (Feb. 11,
    1994, p. ----; May 23, 1994, p. ----; June 8, 1994, p. ----; June 10,
    1994, p. ----; Jan. 4, 1995, p. ----; Feb. 16, 1995, p. ----; May 12,
    1995, p. ----; see Sec. 753b, infra).

    [[Page 319]]

    (VI, 624). In the 96th Congress,
    the House eliminated the necessity for the appearance of a quorum before
    the Speaker's announcement of his approval of the Journal (H. Res. 5,
    Jan. 15, 1979, pp. 7, 16). The current rule specifies that it is not in
    order to make or entertain a point of order that a quorum is not present
    unless the Speaker has put the pending motion or proposition to a vote
    (clause 6(e) of rule XV, as added in the 95th Congress). If a quorum
    fails to respond on a motion incident to the approval, reading or
    amendment of the Journal, and there is an objection to the vote, a call
    of the House under clause 4 of rule XV is automatic (Feb. 2, 1977, pp.
    3342-43). Pursuant to clause 5(b)(1) of this rule as amended in the 98th
    Congress, the Speaker may postpone until a later time on the same
    legislative day a record vote on the Chair's approval of the Journal (H.
    Res. 5, Jan. 3, 1983, p. 34). Where the House adjourns on consecutive
    days without having approved the Journal of the previous days'
    proceedings, the Speaker puts the question de novo in chronological
    order as the first order of business on the subsequent day (Nov. 3,
    1987, p. 30592).
      Immediately after the Members are called to order prayer is offered by
    the Chaplain (IV, 3056), and the Speaker declines to entertain a point
    of no quorum before prayer is offered (VI, 663; clause 6(a)(1) of rule
    XV). Pursuant to clause 1 of rule I, as in effect in the 95th Congress,
    directing the Speaker to announce his approval of the Journal ``on the
    appearance of a quorum'' after having called the House to order, a point
    of order of no quorum could be made after the prayer and before the
    approval of the Journal when the House convened, notwithstanding the
    provisions of clause 6(e) of rule XV, allowing such points of order in
    the House only when the Speaker had put the pending motion or
    proposition to a vote (Oct. 3, 1977, p. 31987); prior practice had
    permitted a point of no quorum prior to the reading of the Journal (IV,
    2733; VI, 625) or during its reading

      Prior to the 92d Congress, the reading of the Journal was mandatory,
    could not be dispensed with except by unanimous consent (VI, 625; Sept.
    19, 1962, p. 19941), or by motion to suspend the rules (IV, 2747-2750).
    It had to be read in full when demanded by any Member (IV, 2739-2741;
    VI, 627, 628; Feb. 22, 1950, p. 2152), but the demand came too late
    after the Journal was approved (VI, 626). Under the rule as in effect
    before the 95th Congress, pending the Speaker's announcement of his
    approval of the Journal and prior to approval by the House, any Member
    could offer a privileged, non-debatable motion that the Journal be read
    (Apr. 23, 1975, p. 11482).

      The Journal of the last day of a session is not read on the first day
    of the next session (IV, 2742). No business is transacted before the
    reading (IV, 2751-2756; VI, 629, 630, 637); not even consideration of a
    conference report (VI, 630). However, the motion to adjourn (IV, 2757;
    Speaker Wright, Nov. 2, 1987, p. 30387) and the swearing in of a Member
    (I, 172) could take precedence, and a question of privilege relating to
    a breach of privilege (such as an assault) occurring during the reading
    or approval of the Journal may interrupt its reading or approval (II,
    1630).

      Once begun, the reading may not be interrupted, even by business so
    highly privileged as a conference report (V, 6443; rule XXVII); but a
    parliamentary inquiry (VI, 624), or an arraignment of impeachment may
    interrupt (VI, 469); and in cases of disorder the reading has been
    suspended (II, 1630; IV, 2759).

    [[Page 320]]

    is not admissible after the previous question is demanded
    on the motion to approve (IV, 2770; VI, 633; VIII, 2684; Sept. 13, 1965,
    p. 23600).

    <>   2. He shall preserve order and decorum, and, in case of
    disturbance or disorderly conduct in the galleries, or in the lobby, may
    cause the same to be cleared.

      Under the prior rule, the Speaker's examination and approval of the
    Journal was preliminary to the reading and did not preclude subsequent
    amendment by the House itself (IV, 2734-2738). If the Speaker's approval
    of the Journal is rejected, a motion to amend takes precedence of a
    motion to approve (IV, 2760; VI, 633), and a Member offering an
    amendment is recognized under the hour rule (Mar. 19, 1990, p. 4488);
    but the motion

      This clause was adopted in 1789 and amended in 1794 (II, 1343).

      The Speaker may name a Member who is disorderly, but may not, of his
    own authority, censure or punish him (II, 1344, 1345; VI, 237). In cases
    of extreme disorder in Committee of the Whole the Speaker has taken the
    chair and restored order without a formal rising of the committee (II,
    1348, 1648-1653, 1657); and the Speaker, as an exercise of his authority
    under this clause, has on his own initiative declared the House in
    recess in an emergency (83d Cong., p. 2324). A former Member must
    observe the rules of decorum while on the floor, and the Speaker may
    request the Sergeant-at-Arms to assist him in maintaining such decorum
    (Sept. 17, 1997, p. ----).

      The authority to have the galleries cleared has been exercised but
    rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion,
    acting on the basis of police reports and other evidence, the Speaker
    ordered the galleries cleared before the House convened (May 10, 1972,
    p. 16576) and then informed the House of his decision. In an early
    instance the Speaker ordered the arrest of a person in the gallery; but
    this exercise of power was questioned (II, 1605).

    [[Page 321]]

      While Members are permitted to use exhibits such as charts during
    debate (subject to the permission of the House under rule XXX), the
    Speaker may direct the removal of a chart from the well of the House
    which is not being utilized during debate (Apr. 1, 1982, p. 6304; Apr.
    19, 1990, p. 7402). The Speaker's responsibility to preserve decorum
    requires that he disallow the use of exhibits in debate which would be
    demeaning to the House, or to any Member of the House, or which would be
    disruptive of the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16,
    1990, p. 29647; Oct. 1, 1991, p. 24828; Nov. 16, 1995, p. ----; Jan. 3,
    1996, p. ----). The Speaker has disallowed the use of a person on the
    floor as a guest of the House as an ``exhibit'' (Dec. 19, 1995, p. ----;
    Jan. 22, 1996, p. ----). The Speaker may inquire as to a Member's
    intentions, as to the use of exhibits, before conferring recognition to
    address the House (Mar. 21, 1984, p. 6187). In the 101st Congress both
    the Speaker and the Chairman of the Committee of the Whole reinforced
    the Chair's authority to control the use of exhibits in debate,
    distinguishing between the constitutional authority of the House to make
    its own rules and first amendment rights of free speech, and the use of
    all exhibits was prohibited during the consideration of a bill in the
    Committee of the Whole (Oct. 11, 1990, p. 28650).

      At the request of the Committee on Standards of Official Conduct, the
    Speaker announced that (1) all handouts distributed on or adjacent to
    the floor must bear the name of a Member authorizing the distribution;
    (2) the content of such handouts must comport with the standards
    applicable to words used in debate; (3) failure to comply with these
    standards may constitute a breach of decorum and thus give rise to a
    question of privilege; (4) staff are prohibited in the Chamber or rooms
    leading thereto from distributing handouts and from attempting to
    influence Members with regard to legislation; and (5) Members should
    minimize the use of handouts to enhance the quality of debate (Sept. 27,
    1995, p. ----; Mar. 20, 1996, p. ----).

      Questions having been raised concerning proper attire for Members in
    the Chamber (thermostat controls having been raised to comply with a
    Presidential directive conserving energy in the summer months), the
    Speaker announced he considered traditional attire for Members
    appropriate, including coats and ties for male Members and appropriate
    attire for female Members, but that he would recognize for a question of
    privileges of the House to relax such standards. The Speaker also
    requested a Member in violation of those standards to remove himself
    from the Chamber and appear in appropriate attire, and refused to
    recognize such Member until he did so (Speaker O'Neill, July 17, 1979,
    p. 11461). The House later agreed to a resolution (presented as a
    question of the privileges of the House) requiring Members to wear
    proper attire as determined by the Speaker (July 17, 1979, pp. 186-87).

    [[Page 322]]

      Recognition is within the discretion of the Chair, and in order to
    uphold order and decorum in the House as required under clause 2 of rule
    I, the Speaker may deny a Member recognition to address the House under
    the ``one-minute rule'' (Aug. 27, 1980, p. 23456), and may deny further
    recognition to a Member proceeding out of order beyond the one-minute
    for which recognized (Mar. 16, 1988, p. 4081). It is a breach of decorum
    for a Member to continue to speak beyond the time for which the Member
    has been recognized or yielded to (Mar. 22, 1996, p. ----). Even prior
    to adoption of the rules, the Speaker may maintain decorum by directing
    a Member engaging in such breach of decorum to be removed from the well
    and by directing the Sergeant-at-Arms to present the mace as the
    traditional symbol of order (Jan. 3, 1991, p. 58). A Member's
    comportment may constitute a breach of decorum even though the content
    of that Member's speech is not, itself, unparliamentary (July 29, 1994,
    p. ----). Under this standard the Chair may deny further recognition to
    a Member engaged in unparliamentary debate who ignores repeated
    admonitions by the Chair to proceed in order (unless the Member is
    permitted to proceed by order of the House) (Sept. 18, 1996, p. ----).

    Sec. 623. Speaker's control of the Hall, corridors, and
    rooms.

      3.  He shall have general control, except as provided by rule or
    law, of the Hall of the House, and of the corridors and passages and the
    disposal of the unappropriated rooms in that part of the Capitol
    assigned to the use of the House, until further order.

      This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354),
    and April 5, 1911 (VI, 261).

      Control of the appropriated rooms in the House portion of the Capitol
    is exercised by the House itself (V, 7273-7279), but repairs and
    alterations have been authorized by statute (V, 7280-7281; 59 Stat.
    472). On January 15, 1979, the Speaker announced his directive
    concerning free access by Members in the corridors approaching the
    Chamber (p. 19). The Speaker has declined to recognize for a unanimous-
    consent request to change the decor in the Chamber, stating that he
    would take the ``suggestion'' under advisement in exercising his
    authority under this clause (Mar. 2, 1989, p. 3220).

    Sec. 624. Speaker's signature to acts, warrants, subpoenas,
    etc.; and decision of questions of order subject to appeal.

      4.  He shall
    sign all acts, addresses, joint resolutions, writs, warrants, and
    subpoenas of, or issued by order of, the House, and decide all questions
    of order, subject to an appeal by any Member, on which appeal no Member
    shall speak more than once, unless by permission of the House. The
    Speaker is authorized to sign enrolled bills whether or not the House is
    in session.

      The portion of this rule relating to decisions on points of order was
    adopted in 1789 and amended in 1811; and the portion relating to the
    signing of acts, etc., was adopted in 1794 (II, 1313). The last sentence
    of this clause, granting the Speaker standing authority to sign enrolled
    bills, even if the House is not in session, was added in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113).

    [[Page 323]]

    is first submitted, unless, as in rare instances only, the
    House by consent waives the requirement (IV, 3452). In cases of error
    the House has permitted the Speaker's signature to be vacated (IV, 3453,
    3455-3457; VII, 1077-1080). Under the modern practice, the Committee of
    the Whole may rise informally without motion to enable the Speaker to
    assume the Chair and to sign an enrolled bill and lay it before the
    House (Jan. 28, 1980, p. 888; Apr. 30, 1980, p. 9505).

    Sec. 625. Signing of enrolled bills.

      Enrolled  bills are
    signed first by the Speaker (IV, 3429). He has declined to sign in the
    absence of a quorum (IV, 3458), or pending a motion to reconsider (V,
    5705); and the report of a committee as to the accuracy of the
    enrollment

    Sec. 626. Signing of warrants, subpoenas,
    etc.

      Warrants,  subpoenas, etc., during recesses of Congress are signed only by
    authority specially given (III, 1753, 1763, 1806). The issuing of
    warrants must be specially authorized by the House (I, 287) or pursuant
    to a standing rule (clause 4 of rule XV; Sec. 774a, infra). Instance
    wherein the House authorized the Speaker to warrant for the arrest of
    absentees (VI, 638). The Speaker also signs the articles, replications,
    etc., in impeachments (III, 2370, 2455); and certifies cases of
    contumacious witnesses for action by the courts (III, 1691, 1769; VI,
    385; 2 U.S.C. 194). A subpoena validly issued by a committee authorized
    by the House under clause 2(m) of rule XI to issue subpoenas need only
    be signed by the chairman of that committee, whereas when the House
    issues an order or warrant, the Speaker must issue the summons under his
    hand and seal, and it must be attested by the Clerk (III, 1668; see H.
    Rept. 96-1078, p. 22).

    Sec. 627. Practice governing the Speaker in deciding
    points of order.

      The  Speaker may require that a question of order be
    presented in writing (V, 6865). When enough of a proposition has been
    read to show that it is out of order, the question of order may be
    raised without waiting for the reading to be completed (V, 6886-7; VIII,
    2912, 3378, 3437), though the Chair may decline to rule until the entire
    proposition has been read (Dec. 14, 1973, pp. 41716-18). Questions
    arising during a division are decided peremptorily (V, 5926), and when
    they arise out of any other question must be decided before that
    question (V, 6864). In rare instances the Speaker has declined to rule
    until he has taken time for examination of the question (III, 2725; VI,
    432; VII, 2106; VIII, 2174, 2396, 3475).

    [[Page 324]]

    rule on each question individually (Mar. 28, 1996, pp. ----, ----).
    Where a Member incorrectly demands the ``regular order,'' rather than
    making a point of order to assert that remarks are not confined to the
    question under debate, the Chair may treat the demand as a point of
    order and rule thereon (May 1, 1996, p. ----).
      Debate on a point of order, being for the Chair's information, is
    within the Chair's discretion (see, e.g., V, 6919, 6920; VIII, 3446-
    3448; Jan. 24, 1996, p. ----; Sept. 12, 1996, p. ----). Debate is
    confined to the question of order and may not extend to the merits of
    the proposition against which it lies or to parliamentarily similar
    propositions permitted to remain in the pending bill by waivers of
    points of order (July 18, 1995, p. ----). Members must address the Chair
    and cannot engage in ``colloquies'' on the point of order (Sept. 18,
    1986, p. 24083). To ensure that the arguments recorded on a question of
    order are those actually heard by the Chair before ruling, the Chair
    will not entertain a unanimous consent request to permit a Member to
    revise and extend remarks on a point of order (Sept. 22, 1976, pp.
    31873-74; May 15, 1997, p ----). A Member may raise multiple points of
    order simultaneously, and the Chair may hear argument and

      The Chair is constrained to give precedent its proper influence (II,
    1317; VI, 248). While the Chair will normally not disregard a decision
    of the Chair previously made on the same facts (IV, 4045), such
    precedents may be examined and reversed where shown to be erroneous (IV,
    4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178).
    The authoritative source for proper interpretations of the rules are
    statements made directly from the Chair and not comments made by the
    Speaker in other contexts (May 25, 1995, p. ----; Sept. 19, 1995, p. --
    --). Preserving the authority and binding force of parliamentary law is
    as much the duty of each Member of the House as it is the duty of the
    Chair (VII, 1479). The Speaker's decisions are recorded in the Journal
    (IV, 2840, 2841), but responses to parliamentary inquiries are not so
    recorded (IV, 2842).

    [[Page 325]]

    instructions (II, 1338; IV,
    4404, 4689); or on matters arising in Committee of the Whole (V, 6927,
    6928, 6932-6937; Dec. 12, 1985, p. 36173); but he has decided as to the
    validity of the authorization of a report (IV, 4592, 4593) and has
    indicated that a point of order could be raised at a proper time where
    the content of a filed report varies from that approved by the committee
    (May 16, 1989, p. 9356). An objection to the use of an exhibit under
    rule XXX is not a point of order on which the Chair must rule but,
    instead, requires that the Chair put the question whether the exhibit
    may be used, on which no debate is in order (July 31, 1996, p. ----).
      The Chair does not decide on the legislative or legal effect of
    propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280,
    2841; Mar. 16, 1983, p. 5669), on the consistency of proposed action
    with other acts of the House (II, 1327-1336; VII, 2112, 2136; VIII,
    3237, 3458), whether Members have abused leave to print (V, 6998-7000;
    VIII, 3475), on the constitutional powers of the House (II, 1255, 1318-
    1320, 1490; IV, 3507; VI, 250, 251; VIII, 2225, 3031, 3071, 3427; July
    21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817), or on the propriety or
    expediency of a proposed course of action (II, 1275, 1325, 1326, 1337;
    IV, 3091-3093, 3127). He is not required to decide a question not
    directly presented by the proceedings (II, 1314), and it is not his duty
    to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p.
    30225), including: (1) the germaneness of an amendment not yet offered
    (Dec. 12, 1985, p. 36167; May 5, 1988, p. 9936; May 18, 1988, p. 11404)
    or previously offered and entertained without a point of order (June 6,
    1990, p. 13194); (2) the admissibility under existing Budget Act
    allocations of an amendment not yet offered, particularly where the
    Chair's response might depend on the disposition of a prior amendment on
    which proceedings had been postponed (June 27, 1994, p. ----); (3) the
    admissibility under clause 2 of rule XXI of an amendment already
    pending, against which all points of order had been waived (July 27,
    1995, p. ----); and (4) the admissibility of an amendment at a future
    date, pending a ruling of the Chair on its immediate admissibility (June
    25, 1997, p. ----). The Chair does not take cognizance of complaints
    relating to pairs (VIII, 3087). He passes on the validity of conference
    reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the
    sufficiency of the accompanying statements as distinguished from the
    form (V, 6511-6513), or on the question of whether a conference report
    violates instructions of the House (V, 6395; VIII, 3246). As to reports
    of committees, he does not decide as to their sufficiency (II, 1339, IV,
    4653), or whether the committee has followed

      Prior to the 104th Congress, precedents and applicable guidelines
    allowed the Chair to refine a ruling on a point of order in the Record
    in order to clarify the ruling without changing its substance, including
    one sustained by the House on appeal (Feb. 19, 1992, p. ----; see H.
    Res. 230, 99th Cong., July 31, 1985, p. 21783, and H. Rept. 99-228 (in
    accordance with existing accepted practices, the Chair may make such
    technical or parliamentary corrections or insertions in transcript as
    may be necessary to conform to rule, custom, or precedent); see also H.
    Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House
    Administration Task Force on Record inserted by Speaker Foley, Oct. 27,
    1990, p. 37124]). However, the Chair ruled that the requirement of
    clause 9 of rule XIV, which was adopted in the 104th Congress, that the
    Record be a substantially verbatim account of remarks made during House
    proceedings, extended to statements and rulings of the Chair (Jan. 20,
    1995, p. ----).

    [[Page 326]]

      In interpreting the language of a special order adopted by the House,
    the Chair will not look behind the unambiguous language of the
    resolution itself (June 18, 1986, p. 14267). Questions concerning
    informal guidelines of the Committee on Rules for advance submission of
    amendments for possible inclusion under a ``modified closed'' rule may
    not be raised under the guise of parliamentary inquiry (May 5, 1988, p.
    9938). Because the Chair refrains from issuing advisory opinions on
    hypothetical or anticipatory questions of order, the Chair will not
    interpret a special order before it is adopted by the House (Oct. 14,
    1986, p. ----; Nov. 18, 1993, p. ----; July 27, 1995, p. ----; Jan. 5,
    1996, p. ----; Mar. 28, 1996, p. ----). Thus, the Chair has declined to
    identify provisions in a bill as ostensible objects of a waiver in the
    pending resolution providing a special order for that bill (Oct. 19,
    1995, pp. ----, ----; Oct. 26, 1995, p. ----; Mar. 28, 1996, p. ----);
    or to determine whether a bill, for which the pending resolution
    provides a special order waiving any requirement for a three-fifths vote
    on passage, actually ``carries'' a Federal income tax rate increase
    (Oct. 26, 1995, p. ----). The Chair will not compare the text made in
    order by a pending special order as original text for further amendment
    with the text reported by the committee of jurisdiction (Oct. 19, 1995,
    p. ----). Similarly, the Chair will not issue an advisory opinion on how
    debate on a pending resolution will bear on the Chair's ultimate
    interpretation of the resolution as an order of the House (Sept. 18,
    1997, p. ----).

      Recognition for parliamentary inquiry lies in the discretion of the
    Chair (VI, 541; Apr. 7, 1992, p. ----). The Speaker may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (Speaker pro tempore Snell, Mar. 27, 1926, p. 6469).
    While the Chair may in his discretion recognize Members for
    parliamentary inquiries when no other Member is occupying the floor for
    debate, when another Member has the floor he must yield for a
    parliamentary inquiry (Oct. 1, 1986, p. 27465; July 13, 1989, p. 14633).
    The Chair may take a parliamentary inquiry under advisement, especially
    where not related to the pending proceedings (VIII, 2174; Apr. 7, 1992,
    p. ----). The Chair responds to parliamentary inquiries relating in a
    practical sense to the pending proceedings but does not respond to
    requests to place them in historical context (June 25, 1992, p. ----;
    Jan. 3, 1996, p. ----).

      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute; the Chair has declined to anticipate whether
    bill language would trigger certain executive actions (Sept. 20, 1989,
    p. 20969). The Chair will neither respond to a parliamentary inquiry
    involving the propriety of words spoken in debate pending a demand under
    clause 4 of rule XIV that those words be ``taken down'' as
    unparliamentary (June 8, 1995, p. ----) nor respond to inquiry as to the
    veracity of remarks in debate (June 5, 1996, p. ----). The Chair has
    declined to answer parliamentary inquiries requiring the Chair to
    reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p.
    ----); requiring the Chair to judge the accuracy of the content of an
    exhibit (Nov. 10, 1995, p. ----); and requiring the Chair to indicate
    which side of the aisle has failed under the Speaker's guidelines to
    clear a unanimous-consent request (Feb. 1, 1996, p. ----). The Chair may
    clarify a prior response to a parliamentary inquiry (July 31, 1996, p.
    ----).

      The Speaker rarely submits a question directly to the House for its
    decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker
    Longworth, Apr. 8, 1926, p. 7148), and rarely raises and submits a
    question on his own initiative (II, 1277, 1315, 1316; VIII, 3405). Even
    as to questions of privilege he usually, in later practice, makes a
    preliminary decision instead of submitting the question directly to the
    House (III, 2648, 2649, 2650, 2654, 2678; Speaker Wright, Mar. 11, 1987,
    p. 5404).

    Sec. 628. Practice, governing appeals.

      The  right of appeal
    insures the House against the arbitrary control of the Speaker and can
    not be taken away from the House (V, 6002). While a decision of the
    Chair on a point of order is subject to appeal on demand of any Member,
    a Member cannot secure a recorded vote on a point of order absent an
    appeal and the Chair's putting the question thereon (June 20, 1996, p.
    ----).

    [[Page 327]]

    of motions (V, 5731); while another is pending
    (V, 6939-6941); on a question on which an appeal has just been decided
    (IV, 3036; V, 6877); between the motion to adjourn and vote thereon (V,
    5361); during a call of the yeas and nays (V, 6051); from the count by
    the Chair of the number rising to demand tellers (VIII, 3105) or a
    recorded vote (June 24, 1976, p. 20390) or the yeas and nays (Sept. 12,
    1978, p. 28950) or rising to object to a request under a former version
    of clause 2(i) of rule XI that a committee have permission to sit under
    the five-minute rule (Sept. 12, 1978, p. 28984); from the Chair's count
    of a quorum (July 24, 1974, p. 25012); from the Chair's call of a voice
    vote (July 13, 1994, p. ----; Aug. 10, 1994, p. ----); from decision
    refusing recapitulation of a vote (VIII, 3128); from the Speaker's
    refusal under clause 6(e) of rule XV to entertain a point of order of no
    quorum when a pending question has not been put to a vote (Sept. 16,
    1977, p. 29594); or from the Chair's determination that a Member's time
    in debate has expired (Mar. 22, 1996, p. ----).
      Appeals may not be entertained from: responses to parliamentary
    inquiries (V, 6955; VIII, 3457); when dilatory (V, 5715-5722; VIII,
    2822); from decisions on recognition (II, 1425-1428; VI, 292; VIII,
    2429, 2646, 2762; July 23, 1993, p. ----; Apr. 4, 1995, p. ----); from
    decisions on dilatoriness

      An appeal may be entertained from a decision of the Chair on the
    propriety of an exhibit (Nov. 16, 1995, p. ----); that a Member has
    engaged in personalities in debate (Sept. 28, 1996, p. ----); or that an
    amendment proposes to change a portion of the bill already passed in the
    reading (Sept. 25, 1997, p. ----). The Speaker may vote to sustain his
    own decision (IV, 4569; V, 5686, 6956, 6957).

      The appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455);
    unless the motion is made to lay on the table (V, 5301; Mar. 16, 1988,
    p. 4086), or the previous question is ordered (V, 5448, 5449). An appeal
    from a decision relating to the priority of business (V, 6952), or
    irrelevancy of debate (V, 5056-5063) is not debatable. In practice in
    the House, a Member favorable to the ruling usually moves to lay the
    appeal on the table, thus shutting off debate (e.g., Oct. 8, 1968, p.
    30215; Apr. 6, 1995, p. ----). A motion to postpone an appeal has been
    held in order (VIII, 2613). Debate in the House is under the hour rule
    (V, 4978), but may be closed at any time by the adoption of a motion for
    the previous question (V, 6947); or to lay on the table (VIII, 3453).
    Debate on an appeal in the Committee of the Whole is under the five-
    minute rule (VII, 1608; VIII, 2347, 2556a, 3454, 3455), and may be
    closed by motion to close debate or to rise and report (V, 6947, 6950;
    VIII, 3453).

    [[Page 328]]

    tion shall first rise from their <> seats, and then those in
    the negative. If any Member requests a recorded vote and that request is
    supported by at least one-fifth of a quorum, such vote shall be taken by
    electronic device, unless the Speaker in his discretion orders clerks to
    tell the names of those voting on each side of the question, and such
    names shall be recorded by electronic device or by clerks, as the case
    may be, and shall be entered in the Journal, together with the names of
    those not voting. A recorded vote taken pursuant to this paragraph shall
    be considered a vote by the yeas and nays. Members shall have not less
    than fifteen minutes to be counted from the ordering of the recorded
    vote or the ordering of clerks to tell the vote.

    Sec. 629. Putting of the question by the Speaker.

      5.  (a) He
    shall rise to put a question, but may state it sitting; and shall put
    questions in this form, to wit: ``As many as are in favor (as the
    question may be), say `Aye'.''; and after the affirmative voice is
    expressed, ``As many as are opposed, say `No'.''; if he doubts, or a
    division is called for, the House shall divide; those in the affirmative
    of the ques-

      This paragraph was first adopted in 1789 and its present form reflects
    the revisions and amendments of 1860, 1880 (II, 1311), 1972 (H. Res.
    1123, Oct. 13, 1972, pp. 36005-08), and 1993 (H. Res. 5, Jan. 5, 1993,
    p. ----). From January 22, 1971 (when H. Res. 5 of the 92d Congress was
    adopted incorporating provisions in the Legislative Reorganization Act
    of 1970, 84 Stat. 1140), until October 13, 1972, this rule provided a
    two-step procedure for ordering ``tellers with clerks'' prior to
    installation of the electronic voting system, and for the first time
    permitted Members to be recorded on votes in Committee of the Whole. The
    last two sentences of this paragraph permitting a single-step ``recorded
    vote'' and voting by means of electronic device installed in the Chamber
    in 1972, were contained in House Resolution on October 13, 1972, and
    were made effective by adoption of the rules of the 93d Congress (H.
    Res. 6, Jan. 3, 1973, pp. 26-27). The general provision for demanding a
    vote by tellers was repealed in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. ----). The penultimate sentence of this paragraph, providing
    that a recorded vote taken pursuant thereto shall be considered a vote
    by the yeas and nays, was added in the 105th Congress (H. Res. 5, Jan.
    7, 1997, p. ----).

    [[Page 329]]

    yeas and nays (Speaker Foley, Mar. 9, 1992, p. ----). It is
    not in order for a Member having the floor in debate to conduct a
    ``straw vote'' or otherwise ask for a show of support for a proposition.
    See Procedure, ch. 30, sec. 3.1.
      The motion as stated by the Chair in putting the question and not as
    stated by the Member in offering the motion, is the proposition voted on
    (VI, 247). Under this paragraph the Speaker must put the pending
    question to a voice vote prior to entertaining a demand for a recorded
    vote or the

      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray his duty to make an honest count on a
    division (V, 6002) and the integrity of the Chair in counting a vote
    should not be questioned in the House (VIII, 3115; July 11, 1985, p.
    18550), and the Chair's count of Members demanding a recorded vote is
    not appealable (June 24, 1976, pp. 20390-91). A vote by division takes
    no cognizance of Members present but not voting, and consequently the
    number of votes counted by division has no tendency to establish a lack
    of a quorum (June 29, 1988, p. 16504).

    [[Page 330]]

      In a full House (total membership of 435), a recorded vote is ordered
    by one-fifth of a quorum (44), but in Committee of the Whole a recorded
    vote is ordered by 25 (clause 2(b) of rule XXIII, as added in 96th Cong.
    by H. Res. 5, Jan. 15, 1979, pp. 7, 16), rather than 20 in both cases as
    in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The former right
    to demand tellers was not precluded by the fact that the yeas and nays
    had been refused (V. 5998; VIII, 3103), that a point of no quorum has
    been made against a division vote on the question on which tellers were
    requested (VIII, 3104, by a point of no quorum and a call of the House
    following a division vote on the question on which tellers were demanded
    (Sept. 25, 1969, pp. 27041-42), or by the intervention of a quorum call
    following the refusal of the Committee of the Whole to order a recorded
    vote (Feb. 27, 1974, p. 4447). But only one request for a recorded vote
    on a pending question is in order (Jan. 21, 1976, p. 508), and a demand
    for a recorded vote cannot interrupt a vote by division which is in
    progress (June 10, 1975, p. 18048). While a request for a recorded vote
    once denied may not be renewed, the request remains pending where the
    Chair interrupts the count of Members standing in favor of the request
    in order to count for a quorum pursuant to a point of order that a
    quorum is not present (Aug. 5, 1982, pp. 19658, 19659). Recognition by
    the Chair for a parliamentary inquiry immediately following the Chair's
    announcement of a voice vote on an amendment is not such intervening
    business as to prevent a demand for a recorded vote thereon where the
    Chair has not announced the final disposition of the amendment (May 23,
    1984, p. 13928; July 26, 1984, p. 21249). Where a division vote is
    demanded on a proposition in the House and the vote thereon is then
    postponed pursuant to paragraph (b) of this clause a division may again
    be demanded when the question is put de novo on the proposition as
    unfinished business (since a demand for a division may be made by any
    Member), whereas a demand for the yeas and nays if refused by the House
    may not be renewed (Mar. 18, 1980, pp. 5739-40). Ordinarily, however,
    only one demand for a vote by division on a pending question is in order
    (July 26, 1984, p. 21259; June 29, 1994, p. ----).

      In Committee of the Whole, a request for a recorded vote on an
    amendment once denied may not be renewed even where the absence of a
    quorum is disclosed immediately following the refusal to order a
    recorded vote (June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227).

    Sec. 630b. Former ordering of tellers and taking of the
    vote.

      Under  the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have counted without passing between the
    tellers (V, 5996, 5997; VIII, 3100, 3101).

    Sec. 631. Postponing rollcall votes on passage.

      (b)(1)  On
    any legislative day whenever a recorded vote is ordered or the yeas and
    nays are ordered, or a vote is objected to under clause 4 of rule XV on
    any of the following questions, the Speaker may, in his discretion,
    postpone further proceedings on each such question to a designated time
    or place in the legislative schedule on that legislative day in the case
    of the question of agreeing to the Speaker's approval of the Journal, or
    within two legislative days, in the case of the other questions listed
    herein:

          (A) the question of adopting a resolution;

          (B) the question of passing a bill;

          (C) the question of agreeing to a motion to instruct conferees as
    provided in clause 1(c) of rule XXVIII: Provided, however, That
    proceedings shall not resume on said question if the conferees have
    filed a report in the House;

    [[Page 331]]

          (D) the question of agreeing to a conference report;

          (E) the question of agreeing to a motion to recommit a bill
    considered pursuant to clause 4 of rule XIII;

          (F) the question of ordering the previous question on a question
    described in subdivision (A), (B), (C), (D), or (E);

          (G) the question of agreeing to an amendment to a bill considered
    pursuant to clause 4 of rule XIII; and

          (H) the question of agreeing to a motion to suspend the rules.

      (2) At the time designated by the Speaker for further consideration of
    proceedings postponed under subparagraph (1), the Speaker shall put each
    question on which further proceedings were postponed, in the order in
    which that question was considered.

      (3) At any time after the vote has been taken on the first question on
    which the Speaker has postponed further proceedings under this
    paragraph, the Speaker may, in his discretion, reduce to not less than
    five minutes the period of time within which a rollcall vote by
    electronic device on the question may be taken without any intervening
    business on any or all of the additional questions on which the Speaker
    has postponed further proceedings under this paragraph.

    [[Page 332]]

    disposition of all such questions, previously
    undisposed of, in the order in which the questions were considered.

      (4) If the House adjourns before all of the questions on which further
    proceedings were postponed under this paragraph have been put and
    determined, then, on the next following legislative day the unfinished
    business shall be the

      Paragraph (b) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7), and paragraph (b)(1) was amended in the 97th Congress (H.
    Res. 5, Jan. 5, 1981, pp. 98-113) to place all authority for the
    postponing of further proceedings on certain questions into rule I. This
    consolidation was accomplished with the addition of the authority to
    postpone further proceedings on reports from the Committee on Rules
    (formerly clause 4(e) of rule XI) and the authority to postpone further
    proceedings on motions to suspend the rules and pass bills or
    resolutions (formerly clause 3(b) of rule XXVII). The authority for the
    Speaker to postpone further proceedings on agreeing to his approval of
    the Journal until later that legislative day was added to paragraph
    (b)(1) in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). The
    authority for the Speaker to postpone further proceedings on motions to
    instruct conferees after 20 calendar days in conference was added to
    paragraph (b)(1) in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72),
    along with the provision that a question so postponed not be put if the
    conferees sooner file their report. In the 104th Congress the list of
    questions susceptible of postponement was reordered and expanded to
    include a vote on ordering the previous question on another question
    that is, itself, susceptible of postponement (sec. 223(a), H. Res. 6,
    Jan. 4, 1995, p. ----). In the 105th Congress paragraph (b)(1) was
    amended to enable postponement of certain questions during consideration
    of bills called from the Corrections Calendar, i.e., agreeing to an
    amendment, ordering the previous question on a motion to recommit, and
    agreeing to a motion to recommit (H. Res. 5, Jan. 7, 1997, p. ----).

      The Speaker first exercised his authority to postpone a rollcall vote
    on the approval of the Journal on November 10, 1983 (p. 32097). That
    authority includes the power to postpone a division vote on the approval
    of the Journal that is objected to under clause 4 of rule XV (Sept. 21,
    1993, p. ----). But on questions not enumerated in this paragraph, such
    as the initial motion to instruct conferees, unanimous consent is
    required to permit the Speaker to postpone such record votes (Oct. 6,
    1986, p. 28704).

    [[Page 333]]

    the order in which the motions had
    been entered (June 4, 1974, pp. 17521-47). Clause 5(b) does not require
    the Chair's customary announcement at the beginning of consideration of
    motions to suspend the rules that the Chair intends to postpone possible
    rollcall votes (Nov. 14, 1995, p. ----).
      Pursuant to clause 6(e) of rule XV, prohibiting a point of order of no
    quorum unless the Speaker has put the pending proposition to a vote, the
    Speaker announces, after postponing a vote on a motion to suspend the
    rules where objection has been made to the vote on the grounds that a
    quorum is not present, that the point of order is considered as
    withdrawn, since the Chair is no longer putting the question (May 16,
    1977, p. 14785). At the conclusion of debate on all motions to suspend
    the rules on a legislative day, the Speaker announces that he will put
    the question on each motion on which further proceedings have been
    postponed--either de novo if objection to the vote has been made under
    clause 4 of rule XV or for a ``yea and nay'' or recorded vote if
    previously ordered by the House in

      Under the authority to postpone further proceedings on a specified
    question to a designated time within two legislative days, the Speaker
    may simultaneously designate separate times for the resumption of
    proceedings on separate postponed questions (Mar. 3, 1992, p. ----).
    Once the Speaker has postponed rollcall votes to a designated place in
    the legislative schedule, he may subsequently redesignate the time when
    the votes will be taken within the appropriate period (June 6, 1984, p.
    15080; Oct. 3, 1988, pp. 27782, 27878).

    [[Page 334]]

    consideration of a motion to suspend the rules (although
    that is customarily the courtesy) but may postpone further proceedings
    after a record vote is ordered or an objection is raised under clause 4
    of rule XV (Feb. 23, 1993, p. ----). When the House adjourns on the
    second legislative day after postponement of a question under this
    clause without resuming proceedings thereon, the question remains the
    unfinished business on the next legislative day (Oct. 1, 1997, p. ----).

      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than 5 minutes the
    time for taking votes on any or all of the subsequent motions on which
    votes have been postponed (June 4, 1974, p. 17547). Having clustered
    record votes on motions to suspend the rules and then having clustered
    record votes on passage of other measures considered immediately after
    debate on the suspension motions, the Speaker may, pursuant to this
    clause, conduct all the postponed votes in one sequence and reduce to
    five minutes the time for all electronic votes after the first
    suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724). But
    the Chair may decline, in his discretion, to recognize for a unanimous-
    consent request to reduce to five minutes the first vote in the series,
    since the bell and light system would not give adequate notice of the
    initial five-minute vote (Oct. 8, 1985, p. 26666). But where a series of
    votes has been postponed pursuant to this clause, to occur following a
    fifteen-minute vote on another measure not a part of that series, the
    vote on the first postponed measure may be reduced to five minutes only
    by unanimous consent (May 24, 1983, p. 13595; July 22, 1996, p. ----).
    By unanimous consent waiving the five-minute minimum set by paragraph
    (b)(3) of this clause, the House has authorized the Speaker to put
    remaining postponed questions to two-minute electronic votes (Oct. 4,
    1988, pp. 28126, 28148). The Speaker may ``cluster'' postponed votes on
    a motion to suspend the rules and on adoption of a resolution in the
    order in which those questions were considered on the preceding day
    (July 19, 1983, p. 19774). The requirement that the Speaker put each
    question on motions to suspend the rules in the order in which
    postponed, does not prevent the Speaker from entertaining a unanimous-
    consent request for the consideration of a similar Senate measure
    following passage of a House bill and prior to the next postponed vote
    (Feb. 15, 1983, p. 2175). Since a resolution raising a question of the
    privileges of the House takes precedence over a motion to suspend the
    rules, it may be offered and voted on between motions to suspend the
    rules on which the Speaker has postponed record votes until after debate
    on all suspensions (May 17, 1983, p. 12486). Under this clause the
    Speaker is not required to announce his intention to postpone at the
    beginning of

    Sec. 632. The Speaker's vote. Tie vote.

      6.  He shall not be
    required to vote in ordinary legislative proceedings, except where his
    vote would be decisive, or where the House is engaged in voting by
    ballot; and in cases of a tie vote the question shall be lost.

      This clause was adopted in 1789, with amendment in 1850 (V, 5964), and
    1911.

      The Speaker's name is not on the roll from which the yeas and nays are
    called (V, 5970) and is not called unless on his request (V, 5965). It
    is then called at the end of the roll (V, 5965; VIII, 3075), the Clerk
    calling him by name. On an electronic vote, the Chair directs the Clerk
    to record him and verifies that instruction by submitting a vote card
    (Oct. 17, 1990, p. 30229). The Chair may vote to make a tie and so
    decide a question in the negative, as he may vote to break a tie and so
    decide a question in the affirmative (VIII, 3100; Aug. 14, 1957, p.
    14783). The duty of giving a decisive vote may be exercised after the
    intervention of other business, or after the announcement of the result
    or on another day, if a correction of the roll shows a condition wherein
    his vote would be decisive (V, 5969, 6061-6063; VIII, 3075); and he also
    exercises the right to withdraw his vote in case a correction shows it
    to have been unnecessary (V, 5971). The Speakers have the same right as
    other Members to vote (V, 5966, 5967) but rarely exercise it (V, 5964,
    footnote), and the Chair may not vote twice (V, 5964). The Chair may be
    counted on a vote by tellers (V, 5996, 5997; VIII, 3100, 3101).

    [[Page 335]]

    tions for a period of time specified in the designation, notwithstanding
    any other provision of this clause: Provided, however, That in case of his
    illness, he may make such appointment for a period not exceeding ten
    days, with the approval of the House at the time the same is made; and
    in his absence and omission to make such appointment, the House shall
    proceed to elect a Speaker pro tempore to act during his absence.-

    Sec. 633. Speaker pro tempore.

      7.  (a) He shall have the
    right to name any Member to perform the duties of the Chair, but such
    substitution shall not extend beyond three legislative days, except that
    with the permission of the House he may name a Member to act as Speaker
    pro tempore only to sign enrolled bills and joint resolu-

    Sec. 633a. Fourterm limit.

      (b)  No person may serve as
    Speaker for more than four consecutive Congresses, beginning with the
    One Hundred Fourth Congress (disregarding for this purpose any service
    for less than a full session in any Congress).

      This clause was adopted in 1811, and amended in 1876 (II, 1377) and in
    1920 (VI, 263). Paragraph (b) was added in the 104th Congress (sec.
    103(a), H. Res. 6, Jan. 4, 1995, p. ----).

    Sec. 634a. Election, oath, and designation of Speaker pro
    tempore.

      The  right of the House to elect a Speaker pro tempore in the
    absence of the Speaker was exercised before the rule was adopted (II,
    1405), although the House sometimes preferred to adjourn (I, 179). An
    elected Speaker pro tempore in the earlier practice was not sworn (I,
    229; II, 1386); but the Senate and sometimes the President were notified
    of his election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961,
    p. 17765, the House adopted House Resolution 445, electing Hon. John W.
    McCormack as Speaker pro tempore in the absence and terminal illness of
    Speaker Rayburn. The resolution provided that the Clerk notify the
    President and the Senate. The Chairman of the Democratic Caucus then
    administered the oath. Elected Speakers pro tempore have signed enrolled
    bills, appointed committees, etc., functions not exercised by a Speaker
    pro tempore by designation (II, 1399, 1400, 1404; VI, 274, 277, Sept.
    21, 1961, p. 20572; June 21, 1984, p. 17708), but the clause was amended
    in the 99th Congress (H. Res. 7, Jan. 3, 1985, p. 393) to authorize the
    Speaker, with House approval, to designate a Speaker pro tempore to sign
    enrolled bills.

    [[Page 336]]

    the Speaker is not present at the opening of a session, including
    morning-hour debates, he designates a Speaker pro tempore in writing
    (II, 1378, 1401); but he does not always name in open House the Member
    whom he calls to the chair temporarily during the day's sitting (II,
    1379, 1400). The presence of the Speaker either at the opening of
    morning-hour debates or at the opening of the regular session on a day
    satisfies the requirement that the Speaker be present to convene the
    House at least every fourth day. A Speaker pro tempore elected under
    clause 7 of rule I may in turn designate another Member to act as
    Speaker pro tempore on a day certain (II, 1384; VI, 275, Feb. 23, 1996,
    p. ----). Members of the minority have been called to the chair on
    occasions of ceremony (II, 1383; VI, 270; Jan. 31, 1951, p. 779), but in
    rare instances on other occasions (II, 1382, 1390; III, 2596; VI, 264).

      A call of the House may take place with a Speaker pro tempore in the
    chair (IV, 2989), and the Speaker pro tempore may issue his warrant for
    the arrest of absent members under a call of the House (VI, 688). When

    Sec. 634b. Travel authority.

      8.  He shall have the authority
    to designate any Member, officer or employee of the House of
    Representatives to travel on the business of the House of
    Representatives, as determined by him, within or without the United
    States, whether the House is meeting, has recessed or has adjourned, and
    all expenses for such travel may be paid for from the applicable
    accounts of the House described in clause 1(h)(1) of rule X on vouchers
    solely approved and signed by the Speaker. However, expenses may not be
    paid from the applicable accounts of the House described in clause
    1(h)(1) of rule X for travel of a Member after the date of the general
    election of Members in which the Member has not been elected to the
    succeeding Congress, or in the case of a Member who is not a candidate
    in such general election, the earlier of the date of such general
    election or the adjournment sine die of the last regular session of the
    Congress.

    [[Page 337]]

    to update archaic references to the ``contingent fund'' (H. Res.
    5, Jan. 7, 1997, p. ----). See also Sec. 719b, infra, for discussion of
    the Speaker's authority under section 502(b) of the Mutual Security Act
    of 1954 (22 U.S.C. 1754) to authorize use of counterpart funds for
    Members and employees for foreign travel, except where authorized by the
    chairman of the committee for members and employees thereof.

      This clause was adopted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20), and the last sentence was added in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, p. 5941). In the 105th Congress this clause was
    amended

    Sec. 634c. Broadcasting of House proceedings.

      9.  (a) He
    shall devise and implement a system subject to his direction and control
    for closed circuit viewing of floor proceedings of the House of
    Representatives in the offices of all Members and committees and in such
    other places in the Capitol and the House Office Buildings as he deems
    appropriate. Such system may include other telecommunications functions
    as he deems appropriate. Any such telecommunications function shall be
    subject to rules and regulations issued by the Speaker.

      (b)(1) He shall devise and implement a system subject to his direction
    and control for complete and unedited audio and visual broadcasting and
    recording of the proceedings of the House of Representatives. He shall
    provide for the distribution of such broadcasts and recordings thereof
    to news media, the storage of audio and video recordings of the
    proceedings, and the closed captioning of the proceedings for hearing-
    impaired individuals.

    [[Page 338]]

    Television Correspondents' Galleries shall be provided access to the
    live coverage of the House of Representatives.
      (2) All television and radio broadcasting stations, networks,
    services, and systems (including cable systems) which are accredited to
    the House Radio and Television Correspondents' Galleries, and all radio
    and television correspondents who are accredited to the Radio and

      (3) No coverage made available under this clause nor any recording
    thereof shall be used for any political purpose.

      (4) Coverage made available under this clause shall not be broadcast
    with commercial sponsorship except as part of bona fide news programs
    and public affairs documentary programs. No part of such coverage or any
    recording thereof shall be used in any commercial advertisment.

      (c) He may delegate any of his responsibilities under this clause to
    such legislative entity as he deems appropriate.

      This clause was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7). The requirement that the televised broadcasts of the
    proceedings of the House be closed captioned for hearing-impaired
    individuals was added to the second sentence of paragraph (b)(1) in the
    101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority of the
    Speaker to make rules governing telecommunications functions within the
    House was added to paragraph (a) in the 102d Congress (H. Res. 5, Jan.
    3, 1991, p. 39).

    [[Page 339]]

    Speaker, after
    receipt of that report (H. Rept. 95-881, Feb. 15, 1978), directed
    implementation of full audio coverage, with distribution to the media,
    on June 8, 1978 (p. 16746). Public Law 95-391 (the Legislative Branch
    Appropriation Bill for fiscal year 1979) contained the following proviso
    in section 306 relating to the broadcasting of House proceedings: ``No
    funds in this bill may be used to implement a system for televising and
    broadcasting the proceedings of the House pursuant to House Resolution
    866, Ninety-Fifth Congress, under which the TV cameras in the Chamber
    purchased by the House are controlled and operated by persons not in the
    employ of the House.''
      In the 95th Congress the House considered as a question of the
    privileges of the House and adopted a resolution directing the Committee
    on Rules to investigate the impact on the safety, dignity, and integrity
    of House proceedings, of a test authorized by the Speaker under his
    general control over the Hall of the House for the audiovisual broadcast
    of House proceedings within the Capitol and House Office Buildings (H.
    Res. 404, Mar. 15, 1977, p. 7608). The resolution directed the Committee
    on Rules to report to the House at the earliest practicable date its
    findings and recommendations, including whether such coverage should be
    made available to the public. The Committee reported and the House
    adopted another resolution which: (1) authorized the Speaker to
    establish a closed-circuit system for in-House broadcasting of House
    proceedings; (2) directed the Committee on Rules to study methods for
    providing complete audio and visual broadcasting of House proceedings
    and to report to the House thereon; and (3) directed the Speaker after
    receipt of the committee's report to establish a system subject to his
    direction and control for audio and visual broadcast and recording of
    House proceedings and to provide for distribution and access to the news
    media (H. Res. 866, Oct. 27, 1977, pp. 35425-37). The

      Pursuant to his authority under this clause, the Speaker directed the
    Clerk in the 98th Congress to immediately implement periodic wide-angle
    television coverage of all ``special-order'' speeches at the end of
    legislative business (with captions at the bottom of the screen
    indicating that legislative business has been completed) (May 10, 1984,
    p. 11894) but not during ``interim'' special orders (Dec. 19, 1985, p.
    38106). However, in the 103d and 104th Congresses, the Speaker
    prohibited wide-angle coverage but continued the caption at the bottom
    of the screen not only during special order speeches but also during
    morning-hour debates (Speaker Foley, Feb. 11, 1994, p. ----; Speaker
    Gingrich, Jan. 4, 1995, p. ----). In the 99th Congress, the House
    adopted a resolution, raised as a question of the privileges of the
    House, authorizing and directing the Speaker to provide for the audio
    and visual broadcast coverage of the Chamber while Members are voting
    (H. Res. 150, Apr. 30, 1985, p. 9821). Although paragraph (b)(1) of this
    clause requires complete and unedited broadcast coverage of the
    proceedings of the House has held (by tabling an appeal of a ruling of
    the Chair) that it does not require in-House microphone amplification of
    disorderly conduct by a Member following expiration of his recognition
    for debate (Mar. 16, 1988, p. 4081).

    Sec. 634d. Office of the Historian.

      10.  There is established
    in the House of Representatives an office to be known as the Office of
    the Historian of the House of Representatives.

    [[Page 340]]

      This clause was added in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72). An earlier form of this clause provided for the seven-year
    establishment of an Office for the Bicentennial to coordinate the
    commemoration of the two-hundredth anniversary of the House of
    Representatives (H. Res. 621, 97th Cong., Dec. 17, 1982, p. 31951). The
    management, supervision, and administration of the Office was under the
    direction of the Speaker and was staffed by a professional historian
    appointed by the Speaker on a non-partisan basis. In 1984 the Office of
    the Bicentennial was removed from the standing rules and established by
    law for the remainder of its existence in P.L. 98-367 (2 U.S.C. 29c).

    Sec. 634e. Office of General Counsel.

      11.  There is
    established in the House of Representatives an office to be known as the
    Office of General Counsel for the purpose of providing legal assistance
    and representation to the House. Legal assistance and representation
    shall be provided without regard to political affiliation. The Office of
    General Counsel shall function pursuant to the direction of the Speaker,
    who shall consult with a Bipartisan Legal Advisory Group, which shall
    include the majority and minority leaderships. The Speaker shall appoint
    and set the annual rate of pay for employees of the Office of General
    Counsel.

      This clause was added in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----). The previous year, in section 12 of the House Administrative
    Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. ----), the
    House had directed the Committee on House Administration to provide for
    an Office of General Counsel in a manner ensuring appropriate
    coordination with and participation by both the majority and minority
    leaderships in matters of representation and litigation.

    Sec. 634f. Authority to declare recesses.

      12.  To suspend the
    business of the House for a short time when no question is pending
    before the House, the Speaker may declare a recess subject to the call
    of the Chair.

      This clause was added in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----).

    [[Page 341]]

    employee of the House, and otherwise shall be
    comparable in scope to the system for drug testing in the executive
    branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses
    of the system may be paid from applicable accounts of the House for
    official expenses.

    Sec. 634g. Drug testing in the House.

      13.  The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of the House a system for drug testing in the House
    of Representatives. The system may provide for the testing of any
    Member, officer, or

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. ----).