    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 323-341]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 323]]

       RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

    Approval of the Journal
                             Rule I.--THE SPEAKER

    621. Journal; Speaker's approval.

      1. The Speaker shall take the Chair on every legislative day precisely
    at the hour to which the House last adjourned and immediately call the
    House to order.  Having
    examined and approved the Journal of the last day's proceedings, the
    Speaker shall announce to the House his approval thereof. The Speaker's
    approval of the Journal shall be deemed agreed to unless a Member,
    Delegate, or Resident Commissioner demands a vote thereon. If such a
    vote is decided in the affirmative, it shall not be subject to a motion
    to reconsider. If such a vote is decided in the negative, then one
    motion that the Journal be read shall be privileged, shall be decided
    without debate, and shall not be subject to a motion to reconsider.

      This clause was adopted in 1789, amended in 1811, 1824 (II, 1310),
    1971 (Jan. 22, 1971, pp. 14, 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). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 324]]

    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 (H.
    Res. 7, Jan. 4, 1977, p. ----; H. Res. 949, Jan. 19, 1978, p. ----; H.
    Res. 9, Jan. 15, 1979, p. ----; H. Res. 522, Jan. 22, 1980, p. ----; H.
    Res. 8, Jan. 5, 1981, p. ----; H. Res. 313, Jan. 25, 1982, p. ----; H.
    Res. 8, Jan. 3, 1983, p. ----; H. Res. 388, Jan. 23, 1984, p. ----; H.
    Res. 9, Jan. 3, 1985, p. ----; H. Res. 355, Jan. 21, 1986, p. ----; H.
    Res. 7, Jan. 6, 1987, p. 19; H. Res. 348, Jan. 25, 1988, p. ----; H.
    Res. 7, Jan. 3, 1989, p. ----; H. Res. 304, Jan. 23, 1990, p. ----; H.
    Res. 7, Jan. 3, 1991, p. ----; H. Res. 330, Jan. 28, 1992, p. ----; H.
    Res. 7, Jan. 5, 1993, p. ----; H. Res. 327, Jan. 25, 1994, p. ----; H.
    Res. 8, Jan. 4, 1995, p. 547; H. Res. 327, Jan. 3, 1996, p. 36; H. Res.
    9, Jan. 7, 1997, p. ----; H. Res. 337, Jan. 27, 1998, p. ----). In the
    first session of the 106th Congress, the House provided that it would
    meet at 2 p.m. on Mondays, 11 a.m. on Tuesdays, and 10 a.m. on the
    balance of the week through May 9, after which it would meet at noon on
    Mondays, 10 a.m. on Tuesdays, Wednesdays, and Thursdays, and 9 a.m. on
    the balance of the week for the remainder of the session (H. Res. 14,
    Jan. 6, 1999, 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. 23367;
    Nov. 7, 1997, p. ----; Oct. 10, 1998, 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. 2244; May 23, 1994, p. 11459; June 8, 1994, p.
    12305; June 10, 1994, p. 12684; Jan. 4, 1995, p. 547; Feb. 16, 1995, p.
    5096; May 12, 1995, p. 12765; see Sec. 951, infra).
      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

    [[Page 325]]

    (H. Res. 5, Jan. 15, 1979, pp. 7, 16). 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
    6 of rule XX is automatic (Feb. 2, 1977, p. 3342).
      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 7 of rule XX).
    Prior to the 96th Congress, clause 1 of rule I directed the Speaker to
    announce his approval of the Journal on the appearance of a quorum after
    having called the House to order. Under that form of the rule, 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 former clause 6(e) of rule XV (now clause 7 of rule XX),
    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).
    Similarly, prior practice had permitted a point of no quorum prior to
    the reading of the Journal (IV, 2733; VI, 625) or during its reading
    (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

      Pursuant to clause 8 of rule XX, the Speaker may postpone until a
    later time on the same legislative day a record vote on the Speaker's
    approval of the Journal. 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).

      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
    from the 92d Congress through the 95th Congress, any Member could offer
    a privileged, nondebatable motion that the Journal be read pending the
    Speaker's announcement of his approval and before agreement by the House
    (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 XXII); 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).

      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 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).

    [[Page 326]]

    Preservation of order
    <>   2. The Speaker 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.

                                                            Rule I, clause 2
    Rule I, clause 2

      This clause was adopted in 1789 and amended in 1794 (II, 1343).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      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 the 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 327]]

    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). The Speaker may permit the display of an exhibit in the
    Speaker's lobby during debate on a measure (May 20, 1999, p. ----).
      While Members are permitted to use exhibits such as charts during
    debate (subject to the permission of the House under clause 6 of rule
    XVII), 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. 42). 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. 682). 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

      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. 5644).

      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. 19008). 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, p. 19072.

      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. 6086). 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. 18609). 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. ----).

    [[Page 328]]

    Control of Capitol facilities
                                                            Rule I, clause 3
    Rule I, clause 3

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

      3.  Except as otherwise provided by rule or law, the Speaker shall
    have general control of the Hall of the House, the corridors and
    passages in the part of the Capitol assigned to the use of the House,
    and the disposal of unappropriated rooms in that part of the Capitol.

      This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354),
    and April 5, 1911 (VI, 261). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----).

      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). The Speaker has announced
    that a joint Republican Conference and Democratic Caucus meeting would
    be held in the Chamber following the adjournment of the House on that
    day (July 27, 1998, p. ----).

                                                            Rule I, clause 4
    Rule I, clause 4
    Signature of documents

    624. Speaker's signature to acts, warrants, subpoenas,
    etc.

      4.  The Speaker shall sign all acts and joint resolutions passed by
    the two Houses and all writs, warrants, and subpoenas of, or issued by
    order of, the House. The Speaker may sign enrolled bills and joint
    resolutions whether or not the House is in session.

    [[Page 329]]

      The Speaker was given authority to sign acts, warrants, subpoenas,
    etc., 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). Before the House recodified its rules in the 106th
    Congress, clauses 4 and 5 had occupied a single clause (H. Res. 5, Jan.
    6, 1999, p. ----).

    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 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. 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 6 of rule XX; Sec. 1026, 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; Dec. 19, 1998, p. ----); 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).

                                                            Rule I, clause 5
    Rule I, clause 5
    Questions of order

    627. Questions of order.

      5.  The Speaker shall decide all
    questions of order, subject to appeal by a Member, Delegate, or Resident
    Commissioner. On such an appeal a Member, Delegate, or Resident
    Commissioner may not speak more than once without permission of the
    House.

      This rule was adopted in 1789 and amended in 1811. Before the House
    recodified its rules in the 106th Congress, clauses 4 and 5 had occupied
    a single clause (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 330]]

    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).

    Sec. 628. 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, 6887;
    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

      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; Deschler-Brown Precedents, vol. 13, ch. 29, sec. 67.3; Jan. 24,
    1996, p. 1248; Sept. 12, 1996, p. ----; Oct. 10, 1998, 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), nor can they offer pro forma amendments to debate the point
    of order (July 21, 1998, p. ----). 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, p. 31873; May 15, 1997, p ----; July 24, 1998, p. ----). A
    Member may raise multiple points of order simultaneously, and the Chair
    may hear argument and rule on each question individually (Mar. 28, 1996,
    pp. 6931, 6933; or the Chair may choose to rule on only one of the
    points of order raised (July 24, 1998, p. ----). 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. 9889).

      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. 14437; Sept. 19, 1995, p.
    25454). 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 331]]

    9551; May 13, 1948, p. 5817; Oct. 10, 1998, p. ----), 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. 14593); (3) the
    admissibility under clause 2 of rule XXI of an amendment already pending
    (July 29, 1998, p. ----), 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
    instructions (II, 1338; IV, 4404, 4689); or on matters arising in the
    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 clause 6 of rule XVII (former 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, pp. 20694, 20700). A
    complaint that certain remarks that might be uttered in debate would
    improperly disclose executive-session material of a committee is not
    cognizable as a point of order in the House where the Chair is not aware
    of the executive-session status of the information (Nov. 5, 1997, p. --
    --). A request that the voting display be turned on during debate is not
    in order (Oct. 12, 1998, 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; May 13, 1998, p. ----), 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,

    [[Page 332]]

    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 former clause 9
    of rule XIV (now clause 8 of rule XVII) 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.
    1866).
      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. 2461; 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,

      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. 30862; Nov. 18, 1993, p. ----; July 27, 1995, p. ----; Jan. 5,
    1996, p. 366; Mar. 28, 1996, p. 7064). 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. 28503, 28504; Oct. 26, 1995, p. ----; Mar. 28, 1996, p. 7064);
    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
    under clause 5(b) of rule XXI (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. 28503). 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. 8273). The Speaker may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (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. 8273). 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. 16174; Jan. 3, 1996, pp. 36-41; Nov. 5, 1997,
    p. ----). The Speaker may entertain a parliamentary inquiry during a
    record vote if it relates to the vote (Oct. 9, 1997, p. ----).

    [[Page 333]]

    Chair has declined to anticipate whether bill language would trigger
    certain executive actions or to interpret a pending proposition (Sept.
    20, 1989, p. 20969; May 13, 1998, p. ----). The Chair will neither
    respond to a parliamentary inquiry involving the propriety of words
    spoken in debate pending a demand that those words be ``taken down'' as
    unparliamentary (June 8, 1995, p. 15267) nor respond to inquiry as to
    the veracity of remarks in debate (June 5, 1996, p. 13195). 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 anticipate the precedential effect of a
    ruling (Oct. 10, 1998, p. ----); requiring the Chair to judge the
    accuracy of the content of an exhibit (Nov. 10, 1995, p. ----);
    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. 2260); and requiring the Chair to respond to political
    commentary (June 25, 1998, p. ----). The Chair may clarify a prior
    response to a parliamentary inquiry (July 31, 1996, p. 20700).
      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute or of the Constitution (Oct. 10, 1998, p. ----).
    The

      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. 629. Practice, governing appeals.

      The  right of appeal
    insures the House against the arbitrary control of the Speaker and
    cannot 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.
    14847).

    [[Page 334]]

    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. 6086).
      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. 16820; Apr. 4, 1995, p. 10297); from
    decisions on dilatoriness 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 the former rule
    that required 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. 16403; Aug. 10, 1994, p. 20766); from decision refusing
    recapitulation of a vote (VIII, 3128); from the Speaker's refusal under
    clause 7 of rule XX (former clause 6(e) of rule XV) to entertain

      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).

                                                            Rule I, clause 6
    Rule I, clause 6
    Form of a question

    630. Putting of the question by the Speaker.

      6.  The Speaker
    shall rise to put a question but may state it sitting. The Speaker shall
    put a question in this form: ``Those in favor (of the question), say
    `Aye.' ''; and after the affirmative voice is expressed, ``Those
    opposed, say `No.' ''. After a vote by voice under this clause, the
    Speaker may use such voting procedures as may be invoked under rule XX.

      This clause was adopted in 1789 (II, 1311). Before the House
    recodified its rules in the 106th Congress, clause 6 consisted of this
    clause and current clause 1(a), clause 1(b), and clause 2(a) of rule XX
    (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 335]]

    yeas and nays (Speaker Foley, Mar. 9, 1992, p. 4698). 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

                                                            Rule I, clause 7
    Rule I, clause 7
    Discretion to vote

    631. The Speaker's vote. Tie vote.

      7.  The Speaker is not
    required to vote in ordinary legislative proceedings, except when his
    vote would be decisive or when the House is engaged in voting by ballot.

      This clause was adopted in 1789, with amendment in 1850 (V, 5964) and
    1911. Before the House recodified its rules in the 106th Congress,
    clause 7 (former clause 6) consisted of this clause and current clause
    1(c) of rule XX (H. Res. 5, Jan. 6, 1999, p. ----).

      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 Speaker has 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).

                                                            Rule I, clause 8
    Rule I, clause 8
    Speaker pro tempore

    632. Speaker pro tempore.

      8.  (a) The Speaker may appoint a
    Member to perform the duties of the Chair. Except as specified in
    paragraph (b), such an appointment may not extend beyond three
    legislative days.

    [[Page 336]]

    the Chair for a period not exceeding 10 days, subject to the approval of
    the House. If the Speaker is absent and has omitted to make such an
    appointment, then the House shall elect a Speaker pro tempore to act
    during the absence of the Speaker.
      (b)(1) In the case of his illness, the Speaker may appoint a Member to
    perform the duties of

      (2) With the approval of the House, the Speaker may appoint a Member
    to act as Speaker pro tempore only to sign enrolled bills and joint
    resolutions for a specified period of time.

      This clause was adopted in 1811, and amended in 1876 (II, 1377) and in
    1920 (VI, 263). Before the House recodified its rules in the 106th
    Congress, clause 8 (former clause 7) and clause 9 had occupied a single
    clause (H. Res. 5, Jan. 6, 1999, p. ----).

    Sec. 634. 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 select committees, administered the oath of office to a
    Member-elect (Mar. 17, 1998, p. ----), 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. The House agreed by unanimous consent to
    the Speaker's appointment under this clause of two Members in the
    alternative to act as Speakers pro tempore to sign enrollments through a
    date certain (Aug. 6, 1998, p. ----).

    [[Page 337]]

    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 8 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. 2807). Members of the
    minority have been called to the chair on occasions of ceremony (II,
    1383; VI, 270; Jan. 31, 1951, p. 779; Jan. 6, 1999, p. ----), 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
    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

                                                            Rule I, clause 9
    Rule I, clause 9
    Term limit

    635. Term limit.

      9.  A person may not serve as Speaker for
    more than four consecutive Congresses (disregarding for this purpose any
    service for less than a full session in any Congress).

      This clause was added in the 104th Congress (sec. 103(a), H. Res. 6,
    Jan. 4, 1995, p. 462). Before the House recodified its rules in the
    106th Congress, this clause and clause 8 had occupied a single clause
    (former clause 7) (H. Res. 5, Jan. 6, 1999, p. ----).

                                                           Rule I, clause 10
    Rule I, clause 10
    Designation of travel

    636. Travel authority.

      10.  The Speaker may designate a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House to travel on the business of the House within or without the
    United States, whether the House is meeting, has recessed, or has
    adjourned. Expenses for such travel may be paid from applicable accounts
    of the House described in clause 1(i)(1) of rule X on vouchers approved
    and signed solely by the Speaker.

    [[Page 338]]

    gress, clause 10 (former clause 8) consisted of this clause and current
    clause 10 of rule XXV (H. Res. 5, Jan. 6, 1999, p. ----). See also
    Sec. Sec. 769, 770, 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). In the 105th Congress this clause was amended to update
    archaic references to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997,
    p. ----). A clerical correction was effected at the beginning of the
    106th Congress with respect to the description of ``applicable
    accounts'' (H. Res. 5, Jan. 6, 1999, p. ----). Before the House
    recodified its rules in the 106th Con

                                                           Rule I, clause 11
    Rule I, clause 11
    Committee appointment

    637. Select and conference committees.

      11. The  Speaker
    shall appoint all select, joint, and conference committees ordered by
    the House. At any time after an original appointment, the Speaker may
    remove Members, Delegates, or the Resident Commissioner from, or appoint
    additional Members, Delegates, or the Resident Commissioner to, a select
    or conference committee. In appointing Members, Delegates, or the
    Resident Commissioner to conference committees, the Speaker shall
    appoint no less than a majority who generally supported the House
    position as determined by the Speaker, shall name those who are
    primarily responsible for the legislation, and shall, to the fullest
    extent feasible, include the principal proponents of the major
    provisions of the bill or resolution passed or adopted by the House.

    [[Page 339]]

    95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 6(f) of rule X (H. Res. 5, Jan. 6, 1999, p. ----).
      The provision of this clause relating to select committees was adopted
    in 1880, and the provision relating to conference committees was first
    adopted in 1890, although the practice of leaving the appointment of
    conference committees to the Speaker had existed from the earliest years
    of the House's history (IV, 4470; VIII, 2192). The provision authorizing
    the Speaker to add or remove conferees after his initial appointment was
    added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The
    provision requiring the Speaker to appoint a majority of Members who
    generally supported the House position became effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The provision
    requiring the Speaker to appoint Members primarily responsible for the
    legislation was added in the

      Prior to 1880 the House might take from the Speaker the appointment of
    a select committee (IV, 4448, 4470; VIII, 2192) and on several occasions
    did so in fact (IV, 4471-4476). In the earlier usage of the House the
    Member moving a select committee was appointed its chairman (II, 1275;
    III, 2342; IV, 4514-4516). However, in modern practice, except for
    matters of ceremony, the inconvenience and even impropriety of the usage
    has caused it often to be disregarded (IV, 4517-4523, 4671).

      It is within the discretion of the Chair as to whom he appoints as
    conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and his
    discretion is not subject to challenge on a point of order even though
    clause 11 requires the Speaker to appoint as conferees Members who are
    primarily responsible for the legislation (Speaker O'Neill, Oct. 12,
    1977, p. 33434). A motion to instruct the Speaker as to the number and
    composition of a conference committee on the part of the House is not in
    order (VIII, 2193, 3221), and a motion to instruct conferees does not
    necessarily form the basis for the Speaker's determination under this
    clause as to which Members support the legislation (May 9, 1990, p.
    9830).

    [[Page 340]]

    solve when their report is acted upon, conference appointments should
    not be construed as jurisdictional precedent (Speaker Foley, June 3,
    1992, p. 13288). The Speaker may fill a vacancy on a conference
    committee by appointment but may not accept a resignation from a
    conference committee (as contrasted with his authority to remove) absent
    an order of the House (Nov. 4, 1987, p. 30808). On June 21, 1977,
    Speaker O'Neill first exercised his discretionary authority to appoint a
    principal proponent of an adopted floor amendment as an additional
    limited conferee on that issue (p. 20132).
      The Speaker may appoint conferees from committees (1) which have not
    reported a measure, (2) which have jurisdiction over provisions of a
    non-germane Senate amendment to a House amendment to a Senate bill
    originally narrower in scope (Speaker O'Neill, Nov. 28, 1979, p. 33904),
    or (3) which have jurisdiction over provisions of an original Senate
    bill where the House amendment was narrower in scope (Speaker O'Neill,
    July 28, 1980, p. 19875; July 11, 1985, p. 18545). The Speaker may also
    appoint one who, although not a member of the committee of jurisdiction,
    is a principal proponent of the measure (Speaker Gingrich, Feb. 1, 1995,
    p. ----). The Speaker has appointed as sole conferees on a nongermane
    portion of a Senate bill or amendment only members from the committee
    having jurisdiction over the subject matter thereof (Speaker O'Neill,
    Aug. 27, 1980, p. 23548; July 24, 1986, p. 17644), and also members from
    such committees as additional rather than exclusive conferees on other
    nongermane portions of the Senate bill (July 24, 1986, p. 17644). Where
    a comprehensive matter is committed to conference, the Speaker may
    appoint separate groups of conferees from several committees for
    concurrent or exclusive consideration of provisions within their
    respective jurisdictions (Feb. 7, 1990, p. 1522; May 9, 1990, p. 9830).
    Pursuant to this clause the Speaker may by the terms of his appointment
    empower a group of exclusive conferees to report in total disagreement
    (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). Pursuant to this
    clause the Speaker may remove a conferee (Mar. 10, 1998, p. ----; Oct.
    5, 1998, p. ----). In the 102d Congress the Speaker reiterated his
    announced policy of simplifying conference appointments by noting on the
    occasion of a relatively complex appointment that, inasmuch as
    conference committees are select committees that dis

      For a further discussion of the Speaker's authority to appoint
    conferees, see Sec. 536, supra.

                                                           Rule I, clause 12
    Rule I, clause 12
    Declaration of recess

    638. 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. 49). Having postponed proceedings on a pending question, the Speaker
    may declare a recess for a short time under clause 12 of rule I (there
    being no question then pending before the House) (Apr. 30, 1998, p. ----
    ).

                                                           Rule I, clause 13
    Rule I, clause 13
    Other responsibilities

    639. 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.
    The system may provide for the testing of a Member, Delegate, Resident
    Commissioner, officer, or 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.

    [[Page 341]]

    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. ----). Clerical and stylistic changes to this clause were effected
    when