    [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 377-385]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule IV

    Use and admittance
                              the hall of the house

    [[Page 378]]

    ference 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.

    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 con

      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. 47).
    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.

    [[Page 379]]

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

          (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.

          (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]]

    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 before 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.
      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. 47). 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

      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).

    [[Page 381]]

    ----; June 17, 2004, p. ----), other children (May 18, 1995, p. 13490),
    or Senators exercising floor privileges (May 18, 1995, p. 13491).

      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 before 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. 7320;
    Oct. 7, 1999, p.

    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.

      (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
    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.

      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. 47). 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

    [[Page 382]]

    islative measure pending before the House, reported by a committee, or
    under consideration in any of its committees or subcommittees.
          (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 leg

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

      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. 47). 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 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).

    [[Page 383]]

      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, pp. 19026, 19027). 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. 19340).

    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 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.

    [[Page 384]]

    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. 47). 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.

      (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
    control 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.

      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.
    47). 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.

    [[Page 385]]

    paign contribution in the Hall of the House or rooms leading thereto.

    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 cam

      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. 47). It was adopted initially in the 105th Congress (H. Res.
    5, Jan. 7, 1997, p. 121).