    [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 331-353]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 331]]

    ========================================================================

                      RULES OF THE HOUSE OF REPRESENTATIVES

                                      with

    ========================================================================

    [[Page 333]]

                              NOTES AND ANNOTATIONS

        RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

                                     Rule I

    Approval of the Journal
                                   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 (H. Res. 5, Jan. 22, 1971, pp. 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 334]]

    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. 70; H. Res. 949, Jan. 19, 1978, p. 108; H. Res.
    9, Jan. 15, 1979, p. 17; H. Res. 522, Jan. 22, 1980, p. 188; H. Res. 8,
    Jan. 5, 1981, p. 114; H. Res. 313, Jan. 25, 1982, p. 62; H. Res. 8, Jan.
    3, 1983, p. 51; H. Res. 388, Jan. 23, 1984, p. 74; H. Res. 9, Jan. 3,
    1985, p. 414; H. Res. 355, Jan. 21, 1986, p. 2; H. Res. 7, Jan. 6, 1987,
    p. 19; H. Res. 348, Jan. 25, 1988, p. 39; H. Res. 7, Jan. 3, 1989, p.
    82; H. Res. 304, Jan. 23, 1990, p. 3; H. Res. 7, Jan. 3, 1991, p. 63; H.
    Res. 330, Jan. 28, 1992, p. 684; H. Res. 7, Jan. 5, 1993, p. 101; H.
    Res. 327, Jan. 25, 1994, p. 88; H. Res. 8, Jan. 4, 1995, p. 547; H. Res.
    327, Jan. 3, 1996, p. 36; H. Res. 9, Jan. 7, 1997, p. 143;
    H. Res. 337, Jan. 27, 1998, p. ----; H. Res. 14, Jan. 6, 1999, p. ----;
    H. Res. 403, Jan. 27, 2000, p. ----; H. Res. 9, Jan. 3, 2001, p.
    ----; H. Res. 333, Jan. 23, 2002, p. ----). In the first session
    of the 108th Congress, the House provided that it would
    meet at 2 p.m. on Mondays, noon on Tuesdays, and 10 a.m.
    on the balance of the week through May 19, 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. 9, Jan. 7, 2003, p. ----). The House
    retains the right to vary from this schedule by use of the motion to
    fix the day and time to which the House shall adjourn 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 335]]

    eliminated the necessity for the appearance of a quorum before the
    Speaker's announcement of his approval of the Journal (H. Res. 5, Jan.
    15, 1979, pp. 7, 16). 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, the
    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 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

      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
    approval of the Journal (or the postponement of a vote under
    clause 8 of rule XX on agreeing to the Speaker's approval),
    including consideration of a conference report (IV, 2751-2756; VI, 629,
    630, 637). 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.

      Once begun, the reading may not be interrupted, even by business so
    highly privileged as a conference report (V, 6443; rule XXII). However,
    a parliamentary inquiry (VI, 624), an arraignment of impeachment (VI,
    469), or a question of privilege relating to a breach of privilege (such
    as an assault occurring during the reading) may interrupt its reading or
    approval (II, 1630).

    [[Page 336]]

    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.

      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).

      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). In response to
    a disruptive demonstration in the gallery, the Chair notes for the
    Record the disruptive character of the demonstration and enlists the
    Sergeant-at-Arms to remove the offending parties (Oct. 8, 2002, p. ----;
    Oct. 10, 2002, p. ----).

    [[Page 337]]

    Speaker Hastert, June 12, 2003, p. ---- ). The Chair will distinguish
    between using an exhibit in the immediate area the Member is addressing
    the House as a visual aid for the edification of Members and staging an
    exhibition; for example, a Member having a large number of his
    colleagues accompany him in the well, each carrying a part of his
    exhibit, was held to impair the decorum of the House (June 12, 2003, p.
    ----). The Speaker may inquire as to a Member's intentions, as to
    the use of exhibits, before conferring recognition to address the House
    (Mar. 21, 1984, p. 6187). In the 101st Congress both the Speaker and the
    Chairman of the Committee of the Whole reinforced the Chair's authority
    to control the use of exhibits in debate, distinguishing between the
    constitutional authority of the House to make its own rules and first
    amendment rights of free speech, and the use of all exhibits was
    prohibited during the consideration of a bill in the Committee of the
    Whole (Oct. 11, 1990, p. 28650). The Speaker may permit the display of
    an exhibit in the Speaker's lobby during debate on a measure (May 20,
    1999, p. ----). Just as an appeal may be entertained on a decision from
    the Chair that a Member has engaged in personalities in debate (Sept.
    28, 1996, pp. 25780-82; see also clause 4 of rule XVII),
    so also may an appeal be entertained on a ruling of the Chair on the
    propriety of an exhibit (Nov. 16, 1995, p. 33395).
      Although Members are permitted to use exhibits such as charts during
    debate (subject to 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. 33395; 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. 37575; Jan. 22, 1996,
    p. 682; Oct. 7, 1999, p. ----). Although a Member may enlist the
    assistance of a page to manage the placement of an exhibit on an easel,
    it is not appropriate to refer to the page or to use the page as though
    part of the exhibit (June 11, 2003, p. ----;

      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. 26567; 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).

    [[Page 338]]

    Speaker may deny a Member recognition for a ``one-minute
    speech'' (Aug. 27, 1980, p. 23456). Furthermore, it
    is a breach of decorum for a Member to continue to speak beyond the time
    for which recognized (Mar. 22, 1996, p. 6086; May 22, 2003, p. ----),
    and the Speaker may deny further recognition to such Member (Mar. 16,
    1988, p. 4081), from which there is no appeal (see Sec. 629,
    infra). 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. 23535).

    Control of Capitol facilities
      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

    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 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. ----).

    [[Page 339]]

    Signature of documents
      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. ----).

    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.

      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 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).

    [[Page 340]]

    Questions of order

    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).

    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 occupied a
    single clause (H. Res. 5, Jan. 6, 1999, p. ----).

    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 during a division are decided peremptorily (V, 5926),
    and when they arise out of any other question must be decided before
    that question (V, 6864). In rare instances the Speaker has declined to
    rule until he has taken time for examination of the question (III, 2725;
    VI, 432; VII, 2106; VIII, 2174, 2396, 3475).

    [[Page 341]]

    ``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).
      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, ch. 29, Sec. 67.3; Jan. 24, 1996, p. 1248; Sept.
    12, 1996, p. 22901; 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. 19335; June 22, 2000, 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. ----). However, the Committee of the Whole by unanimous
    consent has allowed a Member to revise and extend his remarks to follow
    the ruling on a point of order (July 13, 2000, 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

      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 342]]

    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 (July 31, 1996, pp. 20694, 20700). Before the
    rule was rewritten in the 107th Congress, it required that the Chair put
    the question whether the exhibit may be used. It now merely permits the
    Chair to put such question (sec. 2(o), H. Res. 5, Jan. 3, 2001, p. ----
    ). 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 assertion that a Member
    may be inconvenienced by the legislative schedule announced by the
    Leadership does not give rise to a point of order that the Member cannot
    attend both to House and constituent duties at the same time (Nov. 10,
    1999, 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, 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; Mar. 22, 2000, p. ----) 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; June 12,
    2000, p. ----); (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. 20800); 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 will not declare judgment on the propriety of words
    taken down before they are read to the House (Sept. 21, 2001, 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

      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, 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).

    [[Page 343]]

    28, 2000, p. ----; Mar. 8, 2001, p. ----; May 22, 2002, p. ----
    ). Thus, the Chair has declined to identify provisions in a bill
    as ostensible objects of a waiver in the pending resolution providing a
    special order for that bill (Oct. 19, 1995, pp. 28503, 28504; Oct. 26,
    1995, p. 29477; Mar. 28, 1996, p. 7064); 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 of rule XXI (Oct. 26,
    1995, p. 29477); or to opine whether an amendment might be in
    order in the Committee of the Whole (May 22, 2002, 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. ----).
      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; July 27, 1993, p. 17116; July 27, 1995, p. 20741; Jan.
    5, 1996, p. 366; Mar. 28, 1996, p. 7064; June

      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). A Member under recognition for a
    parliamentary inquiry may not yield to another Member (Nov. 22, 2002, p.
    ----). 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. ----; Oct. 6, 1999, p. ----).

    [[Page 344]]

    amendment as a tactic to prevent the offering of other amendments under
    a special order adopted by the House (May 10, 2000, p. ----); (10)
    anticipate whether bill language would trigger certain executive actions
    or to interpret a pending proposition (Sept. 20, 1989, p. 20969; May 13,
    1998, p. ----); or (11) judge the appropriateness of Senate
    action (Apr. 10, 2003, 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 Chair will not respond to a parliamentary inquiry to: (1) judge the
    propriety of words spoken in debate pending a demand that those words be
    ``taken down'' as unparliamentary (June 8, 1995, p. 15267); (2) judge
    the veracity of remarks in debate (June 5, 1996, p. 13195); (3) judge
    the propriety of words uttered earlier in debate (June 15, 2000, p. ----
    ); (4) reexamine and explain the validity of a prior ruling (Oct. 26,
    1995, p. 29477); (5) anticipate the precedential effect of a ruling
    (Oct. 10, 1998, p. ----); (6) judge the accuracy of the content of an
    exhibit (Nov. 10, 1995, p. 32142); (7) indicate which side of the aisle
    has failed under the Speaker's guidelines to clear a unanimous-consent
    request (Feb. 1, 1996, p. 2260; Nov. 22, 2002, p. ----);
    (8) respond to political commentary (June 25, 1998, p. ----; Apr.
    4, 2001, p. ----); (9) comment on the effect of time consumed on
    a pending

      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; Dec. 19, 1998, p. ----), 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).

      An appeal may not be entertained from the following: (1) response to a
    parliamentary inquiry (V, 6955; VIII, 3457); (2) decision on recognition
    (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23, 1993, p.
    16820; Apr. 4, 1995, p. 10298; June 17, 1999, p. ----); (3) decision on
    dilatoriness of motions (V, 5731); (4) question on which an appeal has
    just been decided (IV, 3036; V, 6877); (5) Chair's count of the number
    rising to demand tellers (VIII, 3105), to demand a recorded vote (June
    24, 1976, p. 20390; June 14, 2000, p. ----) or the yeas and nays (Sept.
    12, 1978, p. 28950), or to object to a request under the former rule
    that required a committee have permission to sit during floor
    proceedings under the five-minute rule (Sept. 12, 1978, p. 28984); (6)
    Chair's count of a quorum (July 24, 1974, p. 25012); (7) Chair's call of
    a voice vote (Aug. 10, 1994, p. 20766); (8) Chair's refusal to
    recapitulate a vote (VIII, 3128); (9) Chair's refusal under clause 7 of
    rule XX (former clause 6(e) of rule XV) to entertain a point of no
    quorum when a pending question has not been put to a vote (Sept. 16,
    1977, p. 29594); (10) determination that a Member's time in debate has
    expired (Mar. 22, 1996, p. 6086); and (11) the Speaker's
    announcement of the whole number of the House upon the death,
    resignation, expulsion, disqualification, or removal of a Member (clause
    5(c) of rule XX). An appeal also may not be
    entertained: (1) while another is pending (V, 6939-6941); (2) between
    the motion to adjourn and vote thereon (V, 5361); (3) during a call of
    the yeas and nays (V, 6051); or (4) when dilatory (V, 5715-5722; VIII,
    2822).

    [[Page 345]]

    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 relevancy of debate (V, 5056-5063) is not debatable. In
    practice in the House, a Member in favor of 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. 10614). 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;
    June 24, 2003, p. ----), and may be closed by motion to close
    debate or to rise and report (V, 6947, 6950; VIII, 3453).
      An appeal may be debated (VII, 1608; VIII, 2347, 2375,
    3453-3455; June 24, 2003, p. ----); unless the motion is
    made to lay on the table (V, 5301;

    Form of a question
      A motion to postpone an appeal has been held in order (VIII, 2613). An
    appeal of a ruling of the Chair may be withdrawn in the Committee of the
    Whole as a matter of right (June 8, 2000, p. ----). The Speaker may vote
    to sustain his own decision (IV, 4569; V, 5686, 6956, 6957).

    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, this clause (former clause
    5) 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 346]]

    Discretion to vote
      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 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
    (Nov. 18, 1995, p. 33973).

    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, and amended 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. ----).

      Although the amendment of 1850 granted the Speaker the same right to
    vote as other Members (V, 5966, 5967), he has historically rarely
    exercised it (V, 5964, footnote). The Speaker's name is not on the roll
    from which the yeas and nays are called (V, 5970), is called only on his
    request (V, 5965), and is then called at the end of the roll by name (V,
    5965; VIII, 3075). During an electronic vote, the Speaker directs the
    Clerk to record him and verifies that instruction by submitting a vote
    card (Oct. 17, 1990, p. 30229). The Speaker 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 Speaker never has two votes on the same question; that is,
    having voted as a Member, he may not vote again should the result be a
    tie (V, 5964). 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). The
    Speaker also exercises the right to withdraw his vote in case a
    correction shows it to have been unnecessary (V, 5971).

    Speaker pro tempore
      Before the vote by tellers was repealed (Sec. Sec. 1012-1013, infra),
    the Chairman of the Committee of the Whole could be counted on a vote by
    tellers without passing through the tellers (V, 5996, 5997; VIII, 3100,
    3101).

    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 347]]

    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 the Chair for a period not exceeding 10 days,

      (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.

      (3)(A) In the case of a vacancy in the Office of Speaker, the next
    Member on the list described in subdivision (B) shall act as Speaker pro
    tempore until the election of a Speaker or a Speaker pro tempore.
    Pending such election the Member acting as Speaker pro tempore may
    exercise such authorities of the Office of Speaker as may be necessary
    and appropriate to that end.

      (B) As soon as practicable after his election and whenever he deems
    appropriate thereafter, the Speaker shall deliver to the Clerk a list of
    Members in the order in which each shall act as Speaker pro tempore
    under subdivision (A).

      (C) For purposes of subdivision (A), a vacancy in the Office of
    Speaker may exist by reason of the physical inability of the Speaker to
    discharge the duties of the office.

    [[Page 348]]

      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 occupied a single
    clause (H. Res. 5, Jan. 6, 1999, p. ----). Clause 8(b)(3) was
    added in the 108th Congress (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. ----
    ). The Speaker delivered to the Clerk the first list required under
    clause 8(b)(3)(B) on February 10, 2003 (Mar. 13, 2003, 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. The Speaker has appointed a Speaker pro
    tempore to perform the duties of the Chair for a fourth consecutive day
    on account of illness (Speaker Hastert, Feb. 26, 2001, p. ----).
    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. ----; Nov. 18, 1999, p. ----).

     Other responsibilities
      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 a 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 announce the Member whom he
    calls to the chair temporarily during the day's sitting (II, 1379,
    1400). The presence of the Speaker either at the opening of morning-hour
    debates or at the opening of the regular session on a day satisfies the
    requirement that the Speaker be present to convene the House at least
    every fourth day. A Speaker pro tempore elected under clause 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).

    [[Page 349]]

    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.

    635. Drug testing in the House.

      9.  The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of

     Clause 9 <> formerly was
    occupied by a prohibition against the Speaker serving for more than four
    consecutive Congresses, which was added in the 104th Congress
    (sec. 103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in
    the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. ----).
    Before the House recodified its rules in the 106th Congress, the
    former term-limit rule and current clause 8
    occupied a single clause (former clause 7) (H. Res. 5, Jan. 6, 1999, p.
    ----).

    Designation of travel
      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes to this clause were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----). This clause was redesignated from clause 13 to
    clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p.
    ----).

    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 350]]

    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 Congress, this clause and the provision now found in clause 10 of
    rule XXIV together occupied former clause 8 of this rule (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.

    Committee appointment
      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. 121). A

    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 351]]

    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 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 select committee members or 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

      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 352]]

    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 dissolve 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. 3258). 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

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

    This paragraph was added as clause 12 of rule
    I in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49).
    It was redesignated as paragraph (a) in the 108th Congress (sec.
    2(c), H. Res. 5, Jan. 7, 2003, p. ----). Having postponed
    proceedings on a pending question, the Speaker may declare a recess for
    a short time under this paragraph (there being no question
    then pending before the House) (Apr. 30, 1998, p. ----). A
    Member's mere revelation that he seeks to offer a motion to adjourn does
    not suffice to make that motion ``pending,'' and thus the Chair remains
    able to declare a short recess under this paragraph (Oct. 28, 1997, p.
    ----; June 25, 2003, p. ----).

      12. <

    Sec. 639. Emergency recess and reconvening
    authority.

      (b)  To suspend the business of the House when notified of an
    imminent threat to its safety, the Speaker may declare an emergency
    recess subject to the call of the Chair.

    [[Page 353]]

    viously appointed, then he may, in consultation with the Minority
    Leader--
      (c) During any recess or adjournment of not more than three days, if
    the Speaker is notified by the Sergeant-at-Arms of an imminent
    impairment of the place of reconvening at the time pre

          (1) postpone the time for reconvening within the limits of clause
    4, section 5, article I of the Constitution and notify Members
    accordingly; or

          (2) reconvene the House before the time previously appointed
    solely to declare the House in recess within the limits of clause 4,
    section 5, article I of the Constitution and notify Members accordingly.

      (d) The Speaker may convene the House in a place at the seat of
    government other than the Hall of the House whenever, in his opinion,
    the public interest shall warrant it.

      Paragraphs (b)-(d) were added in the 108th Congress (sec. 2(c), H.
    Res. 5, Jan. 7, 2003, p. ----).