    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
    [111st Congress]
    [House Document 110-162]
    [Rules of the House of Representatives]
    [Pages 329-352]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 329]]

    ========================================================================

    ========================================================================

    [[Page 331]]

                      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 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.

    [[Page 332]]

      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, 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). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

      The hour of meeting is fixed by standing order, and was traditionally
    set at noon (I, 104-109, 116, 117; IV, 4325); but beginning in the 95th
    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 (e.g., H.
    Res. 7, Jan. 4, 1977, p. 70). 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. The House may
    provide for a session of the House on a Sunday, traditionally a ``dies
    non'' under the precedents of the House (e.g., Dec. 17, 1982, p. 31946;
    Dec. 18, 1987, p. 36352; 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).

      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 the 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 the 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).

    [[Page 333]]

    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 approval and before agreement by the House
    (Apr. 23, 1975, p. 11482).
      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

      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; clause 7(a) of 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.

      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).

    [[Page 334]]

    may request the Sergeant-at-Arms to assist in maintaining such decorum
    (Sept. 17, 1997, pp. 19026, 19027).
      The Speaker may name a Member who is disorderly, but may not, of the
    Speaker's own authority, censure or punish the Member (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). The Speaker, as an
    exercise of authority under this clause, has on 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

      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 before the adoption of the rules
    (Speaker Gingrich, Jan. 4, 1995, p. 454).

    [[Page 335]]

    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 the disallowance
    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 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 chair 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

      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.

    [[Page 336]]

    ceed 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, p. 6086; May 22, 2003, p. 12965; Oct. 2, 2003, pp. 23949,
    23950), 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 pro

    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).

    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). The Speaker has announced standards for
    use of the Chamber when the House is not in session (Speaker Pelosi,
    Jan. 6, 2009, p. _).

    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.

    [[Page 337]]

    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).
      The Speaker was given authority to sign acts, warrants, subpoenas,
    etc., in 1794 (II, 1313). The last sentence of this clause, granting the
    Speaker

    Sec. 625. Signing of enrolled bills.

      Enrolled  bills are
    signed first by the Speaker (IV, 3429) or a Speaker pro tempore under
    clause 8 of rule I. 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).

    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 under clause 2(m) of rule XI need only be signed
    by the chair of that committee, whereas when the House issues an order
    or warrant, the summons is issued under the hand and seal of the
    Speaker, 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.

    [[Page 338]]

      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 taking time for
    examination of the question (III, 2725; VI, 432; VII, 2106; VIII, 2174,
    2396, 3475).

      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; June 27, 2007, p. _). 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; June 12, 2008, p. _). However, the Committee of
    the Whole by unanimous consent 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). If 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).

    [[Page 339]]

    be examined and reversed if 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 is constrained to give precedent its proper influence (II,
    1317; VI, 248). Although the Chair will normally not disregard a
    decision of the Chair previously made on the same facts (IV, 4045), such
    precedents may

      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 340]]

    of committees, the Chair 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 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 if the
    Chair is not aware of the executive-session status of the information
    (Nov. 5, 1997, p. 24648). 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 the duty of the
    Chair 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 if the Chair's response might depend on the disposition of
    a prior amendment on which 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

      Under long practice, 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). The Chair ruled that the requirement of former clause 9
    of rule XIV (now clause 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 (Speaker Gingrich, Jan.
    20, 1995, p. 1866).

    [[Page 341]]

    17, 2003, pp. 25031, 25032). 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, pp. 25031, 25032). 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).
      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.

      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
    takes initiative to raise and submit a question (II, 1277, 1315, 1316;
    VIII, 3405). Even as to questions of privilege the Speaker usually, in
    later practice, makes a preliminary decision instead of submitting the
    question directly to the House (III, 2648, 2649, 2650, 2654, 2678;
    Speaker Wright, Mar. 11, 1987, p. 5404).

    Sec. 628a. Practice governing the Speaker in
    entertaining parliamentary inquiries.

      Recognition  for parliamentary inquiry lies
    in the discretion of the Chair (VI, 541; Apr. 7, 1992, p. 8273). As
    such, the Chair may recognize for a demand for the yeas and nays rather
    than entertain a parliamentary inquiry (Aug. 4, 2007, p. _). The Speaker
    may recognize and respond to a parliamentary inquiry although the
    previous question may have been demanded (Mar. 27, 1926, p. 6469).
    Although the Chair has discretion to recognize Members for parliamentary
    inquiries when no other Member is occupying the floor for debate, a
    parliamentary inquiry may not be raised unless the Member having the
    floor yields for that purpose (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 if 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, pp. 21557, 21558).

    [[Page 342]]

    historical context (Sept. 9, 2003, p. _), (2) explain the exercise of
    discretion to hold a vote open beyond the minimum time prescribed under
    clause 2 of rule XX (Mar. 30, 2004, p. _), or (3) state the vote tally
    as it stood upon expiration of the minimum time (May 8, 2008, p. _).
      The Speaker may entertain a parliamentary inquiry during a record vote
    if it relates to the vote (Oct. 9, 1997, p. 22017; Oct. 6, 1999, p.
    24199; Sept. 9, 2003, pp. 21557, 21558; Mar. 30, 2004, p. _). However,
    the Speaker will not (1) respond to a request to place the length of a
    record vote in

      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; July 18, 2007, p. _); (4)
    reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p.
    29477; June 8, 2005, p. _; May 15, 2008, p. _); (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. _) or
    speculate as to the operation of committee rules (July 27, 2007, p. _;
    Oct. 10, 2007, p. _), although the Chair has confirmed that the adoption
    of a motion to recommit with instructions to report ``promptly'' does
    not necessarily suspend the operation of any rule of the House (Feb. 27,
    2008, p. _) or of a committee (Nov. 15, 2007, p. _).

      The Chair may clarify a prior response to a parliamentary inquiry
    (July 31, 1996, p. 20700).

    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). Although a decision of
    the Chair on a point of order is subject to appeal on demand of any
    Member, a Member cannot secure a recorded vote on a point of order
    absent an appeal and the Chair's putting the question thereon (June 20,
    1996, p. 14847).

    [[Page 343]]

    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) 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)
    count of a quorum (July 24, 1974, p. 25012); (7) call of a voice vote
    (Aug. 10, 1994, p. 20766); (8) refusal to recapitulate a vote (VIII,
    3128); (9) 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) 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) 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 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;

      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); (4) when
    dilatory (V, 5715-5722; VIII, 2822).

    [[Page 344]]

      An appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455; June
    24, 2003, pp. 15854-56); unless laid 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. 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, pp. 15854-56), and may be closed by motion to close
    debate or to rise and report (V, 6947, 6950; VIII, 3453). An appeal of a
    ruling of the Chair may be withdrawn in the Committee of the Whole as a
    matter of right (June 8, 2000, p. 9954). An appeal may be withdrawn at
    any time before action by the House thereon (as where the Chair has not
    even stated the question on appeal) (May 6, 2004, p. _).

    Form of a question
      A motion to postpone an appeal has been held in order (VIII, 2613).
    The Speaker may vote to sustain the Speaker's 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 such
    vote would be decisive or when the House is engaged in voting by ballot.

      This clause was adopted in 1789, and amended in 1850 (V, 5964) and
    1911. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). Before the House recodified
    its rules in the 106th Congress, clause 7 (formerly clause 6) consisted
    of this clause and current clause 1(c) of rule XX (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 345]]

    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 the Speaker's vote 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, or 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, the Speaker 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 the Speaker's vote
    would be decisive (V, 5969, 6061-6063; VIII, 3075). In one instance the
    Speaker asserted a right to withdraw a vote where a correction indicated
    that it was unnecessary (V, 5971).
      Although the amendment of 1850 granted the Speaker the same right to
    vote as other Members (V, 5966, 5967), it has historically rarely been
    exercised (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 the
    Speaker's

    Speaker pro tempore
      Before the vote by tellers was repealed (Sec. Sec. 1012, 1013, infra),
    the chair 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 illness, the Speaker may appoint a Member to
    perform the duties of the Chair for a period not exceeding 10 days,
    subject to the approval of the House. If the Speaker is absent and has
    omitted to make such an appointment, then the House shall elect a
    Speaker pro tempore to act during the absence of the Speaker.

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

    [[Page 346]]

    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.
      (3)(A) In the case of a vacancy in the Office of Speaker, the next
    Member on the list described

      (B) As soon as practicable after the election of the Speaker and
    whenever 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). Gender-based references were eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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 347]]

    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 may agree 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).

    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 such election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961
    (p. 17765), the House adopted House Resolution 445, electing Hon. John
    W. McCormack as Speaker pro tempore in the absence and terminal illness
    of Speaker Rayburn. The resolution provided that the Clerk notify the
    President and the Senate. The chair of the Democratic Caucus then
    administered the

    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 debate, the Speaker designates a Speaker pro tempore in
    writing (II, 1378, 1401); but does not usually announce the Members
    called to the chair temporarily during the day's sitting (II, 1379,
    1400). The presence of the Speaker either at the opening of morning-hour
    debate 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), but rarely otherwise (II, 1382,
    1390; III, 2596; VI, 264).

    [[Page 348]]

    635. Drug testing in the House.

      9.  The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of the House a system for drug testing in the House.
    The system may provide for the testing of a Member, Delegate, Resident
    Commissioner, officer, or employee of the House, and otherwise shall be
    comparable in scope to the system for drug testing in the executive
    branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses
    of the system may be paid from applicable accounts of the House for
    official expenses.

      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 349]]

    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 chair 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
    the 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 350]]

    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 chair (II, 1275; III, 2342;

      It is within the discretion of the Chair as to whom to appoint as
    conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and such
    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 351]]

    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 the 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);
    (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 the 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 the 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 the Member 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. 16241).

    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 Chair of the Committee of the Whole may declare an emergency recess
    subject to the call of the Chair.

    [[Page 352]]

    ment of the place of reconvening at the time previously appointed, then
    the Speaker 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 impair

          (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 the opinion of
    the Speaker, 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)). Gender-based
    references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _). 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 chair 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.