[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. ----).