[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Rules of the House of Representatives]
[Pages 333-356]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                  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).


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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. 37; H. Res. 333, Jan. 
23, 2002, p. 3; H. Res. 9, Jan. 7, 2003, p. 21; H. Res. 488, Jan. 20, 
2004, p. ----; H. Res. 8, Jan. 4, 2005, p. ----; H. Res. 651, Jan. 31, 
2006, p. ----; H. Res. 10, Jan. 4, 2007, 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


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  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 Speaker's announcement of his approval 
of the Journal (H. Res. 5, Jan. 15, 1979, pp. 7, 16). If a quorum fails 
to respond on a motion incident to the approval, reading, or amendment 
of the Journal, and there is an objection to the vote, a call of the 
House under clause 6 of rule XX is automatic (Feb. 2, 1977, p. 3342).

  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 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).


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.


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  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, Mar. 1, 1954, p. 2424; 
see also Speaker Rayburn, Mar. 1, 1943, p. 1487 (air-raid drill)). 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. 19543; Oct. 
10, 2002, p. 20274). Occupants of the gallery are not to manifest 
approval or disapproval of, or otherwise disrupt, proceedings on the 
floor (see, e.g., Speaker Foley, June 12, 1990, p. 13593) and the 
Speaker may quell such demonstrations prior to the adoption of the rules 
(Speaker Gingrich, Jan. 4, 1995, p. 454).


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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. 
14627). 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 that 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 that would be demeaning to the House, or 
to any Member of the House, or that 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 the page or to use the page 
as though part of the exhibit (June 11, 2003, p. 14417; Speaker Hastert, 
June 12, 2003, p. 14576). 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

  At the request of the Committee on Standards of Official Conduct, the 
Speaker announced that (1) all handouts distributed on or adjacent to 
the floor must bear the name of a Member authorizing the distribution; 
(2) the content of such handouts must comport with the standards 
applicable to words used in debate; (3) failure to comply with these 
standards may constitute a breach of decorum and thus give rise to a 
question of privilege; (4) staff are prohibited in the Chamber or rooms 
leading thereto from distributing handouts and from attempting to 
influence Members with regard to legislation; and (5) Members should 
minimize the use of handouts to enhance the quality of debate (Sept. 27, 
1995, p. 26567; Mar. 20, 1996, p. 5644).

  Questions having been raised concerning proper attire for Members in 
the Chamber (thermostat controls having been raised to comply with a 
Presidential directive conserving energy in the summer months), the 
Speaker announced he considered traditional attire for Members 
appropriate, including coats and ties for male Members and appropriate 
attire for female Members, but that he would recognize for a question of 
privileges of the House to relax such standards. The Speaker also 
requested a Member in violation of those standards to remove himself 
from the Chamber and appear in appropriate attire, and refused to 
recognize such Member until he did so (Speaker O'Neill, July 17, 1979, 
p. 19008). The House later agreed to a resolution (presented as a 
question of the privileges of the House) requiring Members to wear 
proper attire as determined by the Speaker (July 17, 1979, p. 19072). 
See also Sec. 962, infra.


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p. 6086; May 22, 2003, p. 12965; 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).

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,




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).



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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).




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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. 11110); 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).



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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 344]]

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. 17613). 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 345]]

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. 8681; 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. 8681; 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. 23510).

  The Speaker 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. ----).


[[Page 346]]

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. ----).
  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;

  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; 
July 18, 2006, p. ----). The Chair will not respond to a parliamentary 
inquiry to: (1) judge the propriety of words spoken in debate pending a 
demand that those words be ``taken down'' as unparliamentary (June 8, 
1995, p. 15267); (2) judge the veracity of remarks in debate (June 5, 
1996, p. 13195; 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. 23510); (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) (although the Chair may explain the application 
of the procedural status quo to a pending proposal to change that status 
quo by way of an amendment to the standing rules (Feb. 1, 2006, p. ----
)); (12) judge the appropriateness of Senate action (Apr. 10, 2003, p. 
9279); (13) characterize proceedings of a committee (June 15, 2006, 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).


[[Page 347]]



Sec. 629. Practice, governing appeals.

  The  right of appeal 
insures the House against the arbitrary control of the Speaker and 
cannot be taken away from the House (V, 6002). While a decision of the 
Chair on a point of order is subject to appeal on demand of any Member, 
a Member cannot secure a recorded vote on a point of order absent an 
appeal and the Chair's putting the question thereon (June 20, 1996, p. 
14847).


  An appeal may not be entertained from the following: (1) response to a 
parliamentary inquiry (V, 6955; VIII, 3457); (2) decision on recognition 
(II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23, 1993, p. 
16820; Apr. 4, 1995, p. 10298; June 17, 1999, p. 13465; June 22, 2006, 
p. ----); (3) decision on dilatoriness of motions (V, 5731); (4) 
question on which an appeal has just been decided (IV, 3036; V, 6877); 
(5) Chair's count of the number rising to demand tellers (VIII, 3105), 
to demand a recorded vote (June 24, 1976, p. 20390; June 14, 2000, p. 
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. ----). Although the timeliness of 
the Chair's recognition of a Member to offer a motion to table an appeal 
is not subject to appeal (June 22, 2006, p. ----), the Chair's ruling on 
timeliness of a Member's demand that words be taken down is subject to 
appeal (Jan. 22, 2007, p. ----).

  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 348]]

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. ----
).
  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).


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.



[[Page 349]]

  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).

  Although the amendment of 1850 granted the Speaker the same right to 
vote as other Members (V, 5966, 5967), he has historically rarely 
exercised it (V, 5964, footnote). The Speaker's name is not on the roll 
from which the yeas and nays are called (V, 5970), is called only on his 
request (V, 5965), and is then called at the end of the roll by name (V, 
5965; VIII, 3075). During an electronic vote, the Speaker directs the 
Clerk to record him and verifies that instruction by submitting a vote 
card (Oct. 17, 1990, p. 30229). The Speaker may vote to make a tie and 
so decide a question in the negative, as he may vote to break a tie and 
so decide a question in the affirmative (VIII, 3100; Aug. 14, 1957, p. 
14783). The Speaker never has two votes on the same question; that is, 
having voted as a Member, he may not vote again should the result be a 
tie (V, 5964). The duty of giving a decisive vote may be exercised after 
the intervention of other business, or after the announcement of the 
result or on another day, if a correction of the roll shows a condition 
wherein his vote would be decisive (V, 5969, 6061-6063; VIII, 3075). In 
one instance the Speaker asserted a right to withdraw his vote where a 
correction indicated that it was unnecessary (V, 5971).


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



632. Speaker pro tempore.

  8.  (a) The Speaker may appoint a 
Member to perform the duties of the Chair. Except as specified in 
paragraph (b), such an appointment may not extend beyond three 
legislative days.


  (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.


[[Page 350]]

tempore only to sign enrolled bills and joint resolutions for a 
specified period of time.
  (2) With the approval of the House, the Speaker may appoint a Member 
to act as Speaker pro

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

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


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

  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. 7). 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. 6118; Jan. 
20, 2005, p. ----).


[[Page 351]]

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 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



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).


[[Page 352]]

penses of the system may be paid from applicable accounts of the House 
for official expenses.



635. Drug testing in the House.

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



  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. 
7).


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. 7). 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.




[[Page 353]]

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.




637. Select and conference committees.

  11. The  Speaker 
shall appoint all select, joint, and conference committees ordered by 
the House. At any time after an original appointment, the Speaker may 
remove Members, Delegates, or the Resident Commissioner from, or appoint 
additional Members, Delegates, or the Resident Commissioner to, a select 
or conference committee. In appointing Members, Delegates, or the 
Resident Commissioner to conference committees, the Speaker shall 
appoint no less than a majority who generally supported the House 
position as determined by the Speaker, shall name those who are 
primarily responsible for the legislation, and shall, to the fullest 
extent feasible, include the principal proponents of the major 
provisions of the bill or resolution passed or adopted by the House.


  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).


[[Page 354]]

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. ----).
  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;

  It is within the discretion of the Chair as to whom he appoints as 
conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and his 
discretion is not subject to challenge on a point of order even though 
clause 11 requires the Speaker to appoint as conferees Members who are 
primarily responsible for the legislation (Speaker O'Neill, Oct. 12, 
1977, p. 33434). A motion to instruct the Speaker as to the number and 
composition of a conference committee on the part of the House is not in 
order (VIII, 2193, 3221), and a motion to instruct conferees does not 
necessarily form the basis for the Speaker's determination under this 
clause as to which Members support the legislation (May 9, 1990, p. 
9830).


[[Page 355]]

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).
  The Speaker may appoint conferees from committees (1) that have not 
reported a measure, (2) that 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) that 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 modify an appointment 
by removal (e.g., Mar. 10, 1998, p. 3049), addition (e.g., Nov. 14, 
2005, p.----), or substitution of one conferee for another (Dec. 16, 
2005, p.----), or by expansion of the specification of provisions for 
which a conferee is appointed (Oct. 3, 2002, p. 19011; Nov. 14, 2005, 
p.----). In the 102d Congress the Speaker reiterated his announced 
policy of simplifying conference appointments by noting on the occasion 
of a relatively complex appointment that, inasmuch as conference 
committees are select committees that dissolve when their report is 
acted upon, conference appointments should not be construed as 
jurisdictional precedent (Speaker Foley, June


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. 7). 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)(1)  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.


  (2) To suspend the business of the Committee of the Whole House on the 
state of the Union when notified of an imminent threat to its safety, 
the Chairman of the Committee of the Whole may declare an emergency 
recess subject to the call of the Chair.


[[Page 356]]

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

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

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


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




  Paragraphs (b)-(d) were added in the 108th Congress (sec. 2(c), H. 
Res. 5, Jan. 7, 2003, p. 7) and the application of paragraph (b) to the 
Committee of the Whole was clarified in the 110th Congress (sec. 505(a), 
H. Res. 6, Jan. 4, 2007, p. ---- (adopted Jan. 5, 2007)). For similar 
authority in the Senate, see Senate Resolution 296 (108th Cong., Feb. 3, 
2004, 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. ----). For a drill, see 
March 6, 2003 (p. 5355). For the Speaker's inherent authority to declare 
a recess under clause 2 of rule I, see Sec. 622, supra.