    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Rules of the House of Representatives]
    [Pages 331-354]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 331]]

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    [[Page 333]]

                      RULES OF THE HOUSE OF REPRESENTATIVES

        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. 47).

    [[Page 334]]

    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. 75; H. Res. 14, Jan. 6, 1999, p. 246; H. Res. 403,
    Jan. 27, 2000, p. 132; H. Res. 9, Jan. 3, 2001, p. ----; H. Res. 333,
    Jan. 23, 2002, p. ----). In the 108th Congress and first session of the
    109th 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 a date certain in May, 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. ----; H. Res. 488, Jan. 20, 2004, p. ----; H. Res. 8,
    Jan. 4, 2005, 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. 25160; Oct. 10, 1998, p. 25483). Beginning in
    the second session of the 103d Congress, the House has by unanimous
    consent agreed to convene earlier on Mondays and Tuesdays for morning-
    hour debate and then recess to the hour established for convening under
    a previous order (see Sec. 951, infra).
      The hour of meeting is fixed by standing order, and was traditionally
    set at 12 m. (I, 104-109, 116, 117; IV, 4325); but beginning in the 95th

    [[Page 335]]

    er'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). Before 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 before 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 Speak

      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).

      Before 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. 47).

      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 (Speaker Martin, 83d Cong., Mar. 1,
    1954, p. 2424). 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, pp. 19026, 19027).

      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]]

    the page or to use the page as though part of the exhibit (June 11,
    2003, p. ----; 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. 10280). 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,'' including a Member's child (see
    Sec. 678, infra). The Chair also has cautioned Members to refrain from
    using audio devices during debate (May 24, 2005, 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

      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).

    [[Page 338]]

      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).

    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 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. ----; Oct. 2, 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
    before 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).

    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. 47).

    [[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. 17466).

    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. 47).

    Sec. 625. Signing of enrolled bills.

      Enrolled  bills are
    signed first by the Speaker (IV, 3429). For precedents relevant to the
    signing of enrolled bills before this clause was amended to permit the
    Speaker to sign at any time, see IV, 3458, and V, 5705. Before the
    adoption of clause 2(d)(2) of rule II (enabling the Clerk to examine
    enrolled bills), the House authorized the Speaker to sign an enrolled
    bill before the Committee on Enrolled Bills could attest to its accuracy
    (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; e.g., H. Res. 611, Dec. 19,
    1998, p. 28112); 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. 47).

    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). For
    example, the Chair declined to entertain a point of order that a motion
    to recommit was not germane before any nongermane portion of the motion
    had been read (May 9, 2003, p. ----); and a motion to recommit with
    instructions was ruled out of order before the entire motion had been
    read as a matter of form where a special order of business precluded
    instructions (May 6, 2004, p. ----). 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]]

    sent has allowed a Member to revise and extend his remarks to follow the
    ruling on a point of order (July 13, 2000, p. 14095). 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. 17278). 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).
      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. 25420). 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
    (e.g., July 18, 1995, p. 19335; June 22, 2000, p. 12078; Oct. 16, 2003,
    p. ----). Members must address the Chair and cannot engage in colloquies
    on the point of order (e.g., Sept. 18, 1986, p. 24083; Oct. 16, 2003, p.
    ----), nor can they offer pro forma amendments to debate the point of
    order (July 21, 1998, p. 16369). 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. 8493, 8494; July 24, 1998, p.
    17278). However, the Committee of the Whole by unanimous con

      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).

      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. 9129), 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), or on the propriety or expediency of a
    proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093,
    3127).

      Also, the Chair does not rule on: (1) the constitutional power of the
    House (II, 1490; IV, 3507), such as the constitutional authority of the
    House to propose a rule of the House, such matter appropriately being
    decided by way of the question of consideration or disposition of the
    proposal (Jan. 4, 2005, p. ----); (2) the constitutional competency of
    proposed legislation (II, 1255, 1318-1322, VI, 250, 251; VIII, 2225,
    3031, 3427; July 21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817; Oct.
    10, 1998, p. 25424); (3) the constitutional rights of Members (VIII,
    3071).

    [[Page 342]]

    proceedings had been postponed (June 27, 1994, p. 14593; June 12, 2000,
    p. 10377); (3) the admissibility under clause 2 of rule XXI of an
    amendment already pending (July 29, 1998, p. 17963), against which all
    points of order had been waived (July 27, 1995, p. 20800); (4) the
    admissibility of an amendment at a future date, pending a ruling of the
    Chair on its immediate admissibility (June 25, 1997, p. 12488). 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).
    The Chair 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 (formerly 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. 25). 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. 24648). A
    request that the voting display be turned on during debate is not in
    order (Oct. 12, 1998, p. 25770). 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.
    29537).
      The Chair is not required to decide a question not directly presented
    by the proceedings (II, 1314). Furthermore, 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. 3283) 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

    [[Page 343]]

    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).
      Before 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

      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 28, 2000, p. 12649; Mar.
    8, 2001, p. 3229; May 22, 2002, p. ----; Oct. 17, 2003, 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. ----; Oct. 17, 2003, 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. 19343).

      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. ----).

    [[Page 344]]

      On a difficult question of order, the Speaker has declined to rule
    until he has taken time for examination (III, 2725; VI, 432; VII, 2106;
    VIII, 2174, 2396, 3475); and he 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. 24653;
    Sept. 9, 2003, p. ----).

      The Speaker may entertain a parliamentary inquiry during a record vote
    if it relates to the vote (Oct. 9, 1997, p. 22017; Oct. 6, 1999, p.
    24199; Sept. 9, 2003, p. ----; Mar. 30, 2004, p. ----). However, the
    Speaker will not respond to a request to place the length of a record
    vote in historical context (Sept. 9, 2003, p. ----) or explain the
    exercise of his discretion to hold a vote open beyond the minimum time
    prescribed under clause 2 of rule XX (Mar. 30, 2004, p. ----).

      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute or of the Constitution (Oct. 10, 1998, p. 25424).
    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; June 17,
    2004, p. ----); (3) judge the propriety of words uttered earlier in
    debate (June 15, 2000, p. 11106); (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. 25424); (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. 13978; Apr. 4, 2001, p. 5417; Oct. 8, 2004, p. ----); (9)
    comment on the effect of time consumed on a pending amendment as a
    tactic to prevent the offering of other amendments under a special order
    adopted by the House (May 10, 2000, p. 7508); (10) anticipate whether
    bill language would trigger certain executive actions; (11) interpret a
    pending proposition (Sept. 20, 1989, p. 20969; May 13, 1998, p. 9129);
    (12) 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).

      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. 28107), 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 345]]

    (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23, 1993, p.
    16820; Apr. 4, 1995, p. 10298; June 17, 1999, p. 13465); (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. 10841) 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 (formerly 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); (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(d) of rule XX); (12)
    the Speaker's announcement of the content of a catastrophic quorum
    failure report under clause 5(c) of rule XX (Sec. 1024a, infra).
    Although an announcement by the Chair that an objection to a unanimous-
    consent request has been heard is not subject to appeal, the Chair's
    ruling on the timeliness of the objection is subject to appeal (Apr. 14,
    2005, p. ----).
      An appeal may not be entertained from the following: (1) response to a
    parliamentary inquiry (V, 6955; VIII, 3457); (2) decision on recognition

      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 346]]

      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; 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 of a
    ruling of the Chair may be withdrawn in the Committee of the Whole as a
    matter of right (June 8, 2000, p. 9954). An appeal may be withdrawn at
    any time before action by the House thereon (as where the Chair has not
    even stated the question on appeal) (May 6, 2004, p. ----).

    Form of a question
      A motion to postpone an appeal has been held in order (VIII, 2613).
    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 (formerly 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. 47).

    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 before 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 (formerly clause 6) consisted of this clause and current clause
    1(c) of rule XX (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 347]]

    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). In one
    instance the Speaker asserted a right to withdraw his vote where a
    correction indicated that it was unnecessary (V, 5971).
      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,

    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.

      (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,
    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.

      (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.

    [[Page 348]]

    pore 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.
      (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
    tem

      (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.

      This clause was adopted in 1811, and amended in 1876 (II, 1377) and in
    1920 (VI, 263). The clause was again amended in the 99th Congress to
    authorize the Speaker, with approval of the House, to designate a
    Speaker pro tempore to sign enrolled bills (H. Res. 7, Jan. 3, 1985, p.
    393). Before the House recodified its rules in the 106th Congress,
    clause 8 (formerly clause 7) and clause 9 occupied a single clause (H.
    Res. 5, Jan. 6, 1999, p. 47). Clause 8(b)(3) was added in the 108th
    Congress (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. ----). The Speaker
    delivers to the Clerk the list required under clause 8(b)(3)(B) and
    announces such delivery to the House (e.g., Mar. 13, 2003, p. ----; Jan.
    20, 2005, p. ----).

    [[Page 349]]

    not exercised by a Speaker pro tempore designated under paragraph (a) of
    this clause (II, 1399, 1400, 1404; VI, 274, 277; Sept. 21, 1961, p.
    20572; June 21, 1984, p. 17708). 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 (e.g., Aug. 6, 1998, p. 19128; Nov. 18, 1999, p. 30790).

    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. 2192). Elected
    Speakers pro tempore have signed enrolled bills, appointed select
    committees, administered the oath of office to a Member-elect (Mar. 17,
    1998, p. 3836), etc., functions

    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. 41), but in rare
    instances on other occasions (II, 1382, 1390; III, 2596; VI, 264).

    635. Drug testing in the House.

      9.  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 350]]

      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. 47). This clause was redesignated from clause 13 to
    clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p.
    ----).

    Designation of travel

    Sec. 635a. Former Term limit.

      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 (formerly clause 7) (H.
    Res. 5, Jan. 6, 1999, p. 47).

    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(j)(1) of rule X on vouchers approved
    and signed solely by the Speaker.

    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). In the 106th and 109th Congresses, clerical corrections were
    effected with respect to the ``applicable accounts of the House'' (H.
    Res. 5, Jan. 6, 1999, p. 47; sec. 2(a), H. Res. 5, Jan. 4, 2005, 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. 47).
    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.

    [[Page 351]]

    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.

    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

      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 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. 47).

      Before 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 (IV, 4471-4476). In the earlier practice 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). The Speaker has
    removed Members from a select committee (e.g., Sept. 8, 2004, p. ----).

    [[Page 352]]

    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).
      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 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) or a principal proponent of an adopted floor amendment (June
    21, 1977, p. 20132). 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
    (e.g., Mar. 10, 1998, p. 3049). 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).

    [[Page 353]]

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

    638. Short recess authority.

      12.  (a) 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 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. 7381). 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.
    23524; June 25, 2003, p. ----).

    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.

      (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 previously appointed,
    then he may, in consultation with the Minority Leader--

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

    [[Page 354]]

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

      (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. ----). For similar authority in the Senate, see
    Senate Resolution 296 (108th Cong., Feb. 3, 2003, p. ----). An emergency
    recess under paragraph (b) was declared by the Speaker pro tempore on
    May 11, 2005 (p. ----) and by the Chairman of the Committee of the Whole
    on June 29, 2005 (p. ----).