[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