[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 380-388]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                                 Rule IV


Use and admittance
                          the hall of the house


[[Page 381]]

tertain 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 conference meetings of its Members, except when the House 
agrees to take part in any ceremonies to be observed therein. The 
Speaker may not en



  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.

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


[[Page 382]]

      (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 383]]

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. 7). 
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 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.

  The portion of this clause that 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 384]]


  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 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; June 17, 2004, 
p. ----), other children (May 18, 1995, p. 13490; Oct. 7, 1999, p. 
24425;), or Senators exercising floor privileges (May 18, 1995, p. 
13491).



Sec. 679. Admission to the floor when the House is not 
sitting.

  3. (a)  Except as provided in paragraph (b), all persons not entitled 
to the privilege of the floor during the session shall be excluded at 
all times from the Hall of the House and the cloakrooms.



  (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) A former 
Member, Delegate, or Resident Commissioner; a former Parliamentarian of 
the House; or a former elected officer of the House or former minority 
employee nominated as an elected officer of the House shall not be 
entitled to the privilege of admission to the Hall of the House and 
rooms leading thereto if he or she--


      (1) is a registered lobbyist or agent of a foreign principal as 
those terms are defined in clause 5 of rule XXV;

      (2) has any direct personal or pecuniary interest in any 
legislative measure pending before the House or reported by a committee; 
or


[[Page 385]]

      (3) is in the employ of or represents any party or organization 
for the purpose of influencing, directly or indirectly, the passage, 
defeat, or amendment of any legislative proposal.


  (b) The Speaker may promulgate regulations that exempt ceremonial or 
educational functions from the restrictions of this clause.

  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). It was adopted initially in the 94th Congress (H. Res. 
1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one place 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. The form of the rule adopted during the 
109th Congress established plainer proscriptions with respect to 
registered lobbyists, agents of foreign principals, and persons with 
similar representational roles and specified particular exercises of 
regulatory authority by the Speaker (H. Res. 648, Feb. 1, 2006, p. ----
).

  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 granted by this clause, Speakers have issued regulations from 
time to time (Speaker O'Neill, Jan. 6, 1977, p. 321; Speaker Foley, June 
9, 1994, p. 12387; Speaker Gingrich, May 24, 1995, p. 14300; Speaker 
Gingrich, Aug. 1, 1996, p. 21031; Speaker Hastert, Feb. 1, 2006, p. ----
).

  A former Member has not been 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 has been 
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). Even before the adoption of a 
more categorical form of the rule during the 109th Congress, intent to 
lobby was assumed where a former Member was 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, for example, the Speaker's 
Lobby and the cloakrooms (Speaker Gingrich, May 24, 1995, p. 14300; Aug. 
1, 1996, p. 21031) and the Rayburn Room (Feb. 1, 2006, p. ----).


[[Page 386]]

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).

  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




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 387]]

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 388]]

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).