[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 Printing 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.


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      (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).