    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Rules of the House of Representatives]
    [Pages 377-384]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule IV

    Use and admittance
                              the hall of the house

    677. Use of the Hall of the House.

      1. The Hall  of the House
    shall be used only for the legislative business of the House and for
    caucus and conference meetings of its Members, except when the House
    agrees to take part in any ceremonies to be observed therein. The
    Speaker may not entertain a motion for the suspension of this clause.

    [[Page 378]]

      When the House recodified its rules in the 106th Congress, it
    consolidated former rules XXXI, XXXII, and XXXIII under rule IV, and
    clause 1 was found in former rule XXXI (H. Res. 5, Jan. 6, 1999, p. ----
    ). Rules relating to the use of the Hall were adopted as early as 1804.
    The present form of this clause dates from 1880 (V, 7270). It was
    renumbered January 3, 1953 (p. 24).

    Sec. 678. Persons and officials admitted to the floor
    during sessions of the House.

      2.  (a) Only the following persons shall be
    admitted to the Hall of the House or rooms leading thereto:

          (1) Members of Congress, Members-elect, and contestants in
    election cases during the pendency of their cases on the floor.

          (2) The Delegates and the Resident Commissioner.

          (3) The President and Vice President of the United States and
    their private secretaries.

          (4) Justices of the Supreme Court.

          (5) Elected officers and minority employees nominated as elected
    officers of the House.

          (6) The Parliamentarian.

          (7) Staff of committees when business from their committee is
    under consideration, and staff of the respective party
    leaderships when so assigned with the approval of the Speaker.

          (8) Not more than one person from the staff of a Member, Delegate,
    or Resident Commissioner when that Member, Delegate, or Resident
    Commissioner has an amendment under consideration (subject to clause 5).

          (9) The Architect of the Capitol.

          (10) The Librarian of Congress and the assistant in charge of the
    Law Library.

          (11) The Secretary and Sergeant-at-Arms of the Senate.

          (12) Heads of departments.

          (13) Foreign ministers.

    [[Page 379]]

          (14) Governors of States.

          (15) Former Members, Delegates, and Resident Commissioners; former
    Parliamentarians of the House; and former elected officers and minority
    employees nominated as elected officers of the House (subject to clause
    4).

          (16) One attorney to accompany a Member, Delegate, or Resident
    Commissioner who is the respondent in an investigation undertaken by the
    Committee on Standards of Official Conduct when a recommendation of that
    committee is under consideration in the House.

          (17) Such persons as have, by name, received the thanks of
    Congress.

      (b) The Speaker may not entertain a unanimous consent request or a
    motion to suspend this clause.

    [[Page 380]]

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). It was subjected to many changes from 1802 until 1880
    (V, 7823; VIII, 3634) and was renumbered in the 83d Congress (Jan. 3,
    1953, p. 24). The rule was amended in the 92d Congress to include the
    Delegate from the District of Columbia among those having the privilege
    of the floor (H. Res. 5, Jan. 22, 1971, p. 144), and later in that same
    Congress was again revised to permit all Delegates to enjoy the
    privilege (H. Res. 1153, Oct. 13, 1972, pp. 36021-23). The latter
    revision was necessary because of the enactment of Public Law 92-271,
    which created the positions of Delegate from Guam and Delegate from the
    Virgin Islands. Officers and elected employees, both present and former,
    were given floor privileges by the adoption of this same resolution (H.
    Res. 1153, Oct. 13, 1972, p. 36013) but had in fact, by custom, been
    permitted on the floor prior to this change in the clause. This clause
    was substantially amended in the 94th Congress (H. Res. 1435, Oct. 1,
    1976, pp. 35175-80) and was amended by the Ethics Reform Act of 1989 to
    permit floor privileges for one attorney for a Member-respondent during
    consideration of a disciplinary resolution (P.L. 101-194, Nov. 30,
    1989). Clause 2(a)(7) was amended in the 108th Congress to extend
    floor privileges to party leadership staff when so assigned with the
    approval of the Speaker (sec. 2(d), H. Res. 5, Jan. 7, 2003, p. ----).
    This amendment codified current practice, including the Speaker's
    ultimate control over such assignments.

      The portion of this clause which permits clerks of committees access
    to the floor during the consideration of business from their committees
    has been interpreted by the Speaker to allow four professional staff
    members and one clerk on the floor at one time (Speaker Albert, June 8,
    1972, p. 20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). The
    Legislative Reorganization Act of 1970, section 503(3) (84 Stat. 1140,
    1202; 2 U.S.C. 281b(3)) also allows two staff members of the Legislative
    Counsel access to the floor to assist the committee.

      The portion of the clause forbidding the Speaker to entertain requests
    for suspension of the rule applies also to the Chairman of the Committee
    of the Whole (V, 7285). ``Heads of departments'' means members of the
    President's Cabinet, and not subordinate executive officers, and
    ``foreign ministers'' means ministers from foreign governments only.
    ``Governors of States'' does not include governors of territories (V,
    7283; VIII, 3634).

      An alleged violation of the rule relating to admission to the floor
    presents a question of privilege (III, 2624, 2625; VI, 579), but not a
    higher question of privilege than an election case (III, 2626). In one
    case where a former Member was abusing the privilege, he was excluded by
    direction of the Speaker (V, 7288), but in another case the Speaker
    declared it a matter for the House and not the Chair to consider (V,
    7286). In one case an alleged abuse was inquired into by a select
    committee (V, 7287). See Sec. 680, infra, for the rule constraining
    conduct of former Members, Delegates, the Resident Commissioner,
    officers, and staff while on the floor. The Speaker announced his
    intention to strictly enforce the rule to prevent a proliferation of
    committee and other staff on the floor (Aug. 22, 1974, p. 30027; Jan.
    19, 1981, p. 402; Jan. 25, 1983, p. 224). The Speaker announced that
    committee staff would be required to display staff badges on the floor
    in exchange for identification cards prior to admission to the floor
    (Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5, 1993, p. 105). It is not
    in order to refer to persons temporarily on the floor of the House as
    guests of the House, such as Members' children (Apr. 28, 1994, p. 8783;
    Dec. 19, 1995, p. 37575; Jan. 22, 1996, p. 682; Apr. 30, 1998, p. ----),
    other children (May 18, 1995, p. 13490), or Senators exercising floor
    privileges (May 18, 1995, p. 13491).

    Sec. 679. Admission to the floor when the House is not
    sitting.

      3. (a)  Except as provided in paragraph (b), all persons not entitled
    to the privilege of the floor during the session shall be excluded at
    all times from the Hall of the House and the cloakrooms.

    [[Page 381]]

    admission to the press gallery, and other persons on request of a
    Member, Delegate, or Resident Commissioner by card or in writing, may be
    admitted to the Hall of the House.

      (b) Until 15 minutes of the hour of the meeting of the House, persons
    employed in its service, accredited members of the press entitled to

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1902 (V, 7346).

    Sec. 680. Former Members and officers.

      4.  (a) Former
    Members, Delegates, and Resident Commissioners; former Parliamentarians
    of the House; and former elected officers and minority employees
    nominated as elected officers of the House shall be entitled to the
    privilege of admission to the Hall of the House and rooms leading
    thereto only if--

          (1) they do not have any direct personal or pecuniary interest in
    any legislative measure pending before the House or reported by a
    committee; and

          (2) they are not in the employ of, or do not represent, any party
    or organization for the purpose of influencing, directly or indirectly,
    the passage, defeat, or amendment of any legislative measure pending
    before the House, reported by a committee, or under consideration in any
    of its committees or subcommittees.

      (b) The Speaker shall promulgate such regulations as may be necessary
    to implement this rule and to ensure its enforcement.

    [[Page 382]]

    to enforce the rule. As early as 1945 the Chair held that former Members
    do not have the privilege of the floor when they are personally
    interested in legislation (Speaker Rayburn, Oct. 2, 1945, p. 9251).
    Pursuant to the authority under this clause, the Speaker issued
    regulations addressing former Members (Jan. 6, 1977, p. 321; June 7,
    1978, p. 16625; Speaker Foley, June 9, 1994, p. 12387; Speaker Gingrich,
    May 24, 1995, p. 14300; Speaker Gingrich, Aug. 1, 1996, p. 21031). A
    former Member is not entitled to the privileges of the floor under this
    clause if he (1) has a direct personal or pecuniary interest in
    legislation under consideration in the House or reported by any
    committee, or (2) represents any party or organization for the purpose
    of influencing the disposition of legislation pending before the House,
    reported by any committee or under consideration in any committee or
    subcommittee (June 7, 1978, p. 16625). The essence of the rule is the
    former Member's status as one with a personal or pecuniary interest and
    not whether the former Member may have a present intent to lobby
    (Speaker Foley, June 9, 1994, p. 12387). Intent to lobby will be assumed
    where the former Member is employed or retained as a lobbyist to
    influence legislative measures as described in (2) above (Aug. 1, 1996,
    p. 21031). The Speaker has emphasized that the rule applies not only to
    the floor but also to ``rooms leading thereto,'' and has construed the
    latter phrase to include the Speaker's Lobby and the cloakrooms (Speaker
    Gingrich, May 24, 1995, p. 14300; Aug. 1, 1996, p. 21031).
      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). This clause was added initially in the 94th Congress (H.
    Res. 1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one clause and
    to clarify the restrictions on admittance to the floor of former
    Members, officers, and employees and to give the Speaker the power to
    promulgate regulations

      A former Member must observe the rules of proper decorum while on the
    floor, and the Chair may direct the Sergeant-at-Arms to assist the Chair
    in maintaining such decorum (Sept. 17, 1997, p. ----). A former Member
    may not manifest approval or disapproval of the proceedings (VIII,
    3635). In the 105th Congress the House adopted a resolution offered as a
    question of the privileges of the House alleging indecorous behavior of
    a former Member and instructing the Sergeant-at-Arms to ban the former
    Member from the floor, and rooms leading thereto, until the resolution
    of a contested election to which he was party (H. Res. 233, Sept. 18,
    1997, p. ----).

    [[Page 383]]

    remain at the desk and are admitted only to advise the Member, Delegate,
    Resident Commissioner, or committee responsible for their admission. A
    person who violates this clause may be excluded during the session from
    the Hall of the House and rooms leading thereto by the Speaker.

    Sec. 681. Members' staff.

      5. A person  from the staff of a
    Member, Delegate, or Resident Commissioner may be admitted to the Hall
    of the House or rooms leading thereto under clause 2 only upon prior
    notice to the Speaker. Such persons, and persons from the staff of
    committees admitted under clause 2, may not engage in efforts in the
    Hall of the House or rooms leading thereto to influence Members with
    regard to the legislation being amended. Such persons shall

    Gallery
      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 4 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). This clause was added initially in the 95th Congress (H.
    Res. 5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to
    one person from the staff of a Member who has an amendment under
    consideration but not of a measure's sponsor or during special-order
    speeches. The Speaker promulgated regulations for the implementation of
    this clause on January 26, 1977 (p. 2333). In the 97th Congress the
    Speaker announced that personal staff of Members did not have the
    privilege of the floor and that committee staff, permitted on the floor
    when business from their committees is under consideration, were
    required to remain unobtrusively by the committee tables (Aug. 18, 1982,
    p. 21934). Staff permitted on the floor under this clause are not
    permitted to pass out literature or otherwise attempt to influence
    Members in their votes (Aug. 1, 1990, p. 21519; Sept. 27, 1995, p.
    26567) and may not applaud during debate (June 14, 1995, p. 15896).

    682. The various galleries and admission
    thereto.

      6. (a)  The Speaker shall set aside a portion of the west gallery for
    the use of the President, the members of the Cabinet, justices of the
    Supreme Court, foreign ministers and suites, and the members of their
    respective families. The Speaker shall set aside another portion of the
    same gallery for the accommodation of persons to be admitted on the
    cards of Members, Delegates, or the Resident Commissioner.

    [[Page 384]]

    trol one bench. On the request of a Member, Delegate, Resident
    Commissioner, or Senator, the Speaker shall issue a card of admission to
    his family, which may include their visitors. No other person shall be
    admitted to this section.

      (b) The Speaker shall set aside the southerly half of the east gallery
    for the use of the families of Members of Congress. The Speaker shall
    con

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXXIII (H. Res. 5, Jan. 6, 1999, p.
    ----). It was adopted initially in 1880 (V, 7302) and renumbered January
    3, 1953 (p. 24).

    Prohibition on campaign contributions
      On special occasions the House sometimes makes a special rule for
    admission to the galleries (V, 7303), as on the occasion of the
    electoral count (III, 1961), of an address by the President, and of
    public funerals.

    683. Prohibition on distribution of campaign
    contributions.

      7. A  Member, Delegate, Resident Commissioner, officer, or
    employee of the House, or any other person entitled to admission to the
    Hall of the House or rooms leading thereto by this rule, may not
    knowingly distribute a political campaign contribution in the Hall of
    the House or rooms leading thereto.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XXXIII (H. Res. 5, Jan.
    6, 1999, p. ----). It was adopted initially in the 105th Congress (H.
    Res. 5, Jan. 7, 1997, p. 121).