[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Rules of the House of Representatives]
[Pages 333-355]
[From the U.S. Government Publishing Office, www.gpo.gov]


 
                                 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 334]]





  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 certain days 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).


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leged, 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 and 
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 privi

  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).


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the Sergeant-at-Arms to assist in maintaining 
such decorum (Sept. 17, 1997, pp. 19026, 19027). The Chair announced 
that failure to heed the gavel constitutes an act of stark incivility 
(July 28, 2009, p. _).
  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). Before the establishment 
of recess authority in clause 12(b), 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 may request 

  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 (see, e.g., Oct. 8, 2002, p. 
19543; Apr. 29, 2010, p. _). After repeated disturbances in the gallery, 
the chair of the Committee of the Whole warned occupants of the gallery 
of possible prosecution (under 40 U.S.C. 5104) (Apr. 15, 2011, p. _). 
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).


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tional 
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 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. 11008). 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 
concerning 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 constitu

  At the request of the Committee on Standards of Official Conduct (now 
Ethics), 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; Mar. 4, 1998, p. 2523; Mar. 21, 
2010, p. _).

  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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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). The Chair announced that time consumed while obtaining 
order would not be charged to the Member under recognition (Mar. 21, 
2010, p. _).

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 




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. _; Speaker Boehner, Jan. 5, 2011, _).


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the House. The Speaker may sign enrolled bills and joint 
resolutions whether or not the House is in session.



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 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) 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).





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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; July 9, 2009, p. _), 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, pp. 8590, 8591). 
A point of order may be withdrawn as a matter of right before action 
thereon (e.g., June 24, 2008, p. _). Present insistence on a point of 
order takes precedence over reservation (Nov. 19, 2009, p. _). A timely 
reservation of a point of order by one Member inures to the benefit of 
any other Member who desires to raise a point of order (V, 6906; July 
18, 1990, p. 17930). 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; Mar. 
24, 2010, p. _).



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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).
  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) and is solely to edify the 
judgment of the Chair, who may decline to hear more when prepared to 
rule (Mar. 3, 2011, p. _). 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). Members must address the Chair and 
cannot engage in colloquies on the point of order (e.g., Sept. 18, 1986, 
p. 24083; May 19, 2005, p. 10337), nor can they offer pro forma 
amendments to debate the point of order (July 21, 1998, p. 16369; June 
27, 2007, pp. 17715, 17716) or the underlying proposition (Feb. 16, 
2011, 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 

  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 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 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, pp. 44 0946); (2) the constitutional competency 
of proposed legislation (II, 1255, 1318-1322, VI, 250, 251; VIII, 2225, 
3031, 3427; July 21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817; Oct. 
10, 1998, p. 25424); (3) the constitutional rights of Members (VIII, 
3071).


[[Page 342]]


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, 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 


[[Page 343]]


  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).

  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, 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), including one required to be printed in the Congressional 
Record where the Record had not yet been printed (Jan. 26, 2011, _). 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).

  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).


[[Page 344]]


the floor yields for that purpose (Oct. 1, 1986, p. 27465; 
July 13, 1989, p. 14633) and the yielding Member is charged time 
consumed thereby (Nov. 7, 2009, p. _). A Member under recognition for a 
parliamentary inquiry may not yield to another Member (Nov. 22, 2002, p. 
23510).


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; Nov. 7, 
2009, p. _). As such, the Chair may recognize for a demand for the yeas 
and nays rather than entertain a parliamentary inquiry (Aug. 4, 2007, p. 
23233). 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 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). The Chair announced parameters for a proper 
parliamentary inquiry (Mar. 21, 2010, p _) and announced his intention 
to refuse further recognition on a particular line of improper inquiry 
(Mar. 21, 2010, 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, pp. 5577, 5578). 
However, the Speaker will not (1) respond to a request to place the 
length of a record vote in historical context (Sept. 9, 2003, p. 21558), 
(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, pp. 
5577, 5578; Mar. 21, 2010, p. _), or (3) state the vote tally as it 
stood upon expiration of the minimum time (May 8, 2008, p. _).


[[Page 345]]


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. 541)); (13) 
judge the appropriateness of Senate action (Apr. 10, 2003, p. 9279); 
(14) characterize proceedings of a committee (June 15, 2006, p. 11409) 
or speculate as to the operation of committee rules (July 27, 2007, p. 
21124; Oct. 10, 2007, p. 26993), 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. _); 
(15) speculate whether Members-elect are entitled to compensation prior 
to taking the oath of office (Jan. 7, 2011, p. _).
  A proper parliamentary inquiry relates to an interpretation of a House 
rule, not of a statute or of the Constitution (Oct. 10, 1998, p. 25424; 
July 18, 2006, p. 14784). 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; July 16, 2009, p. _; Feb. 11, 2011, p. _); (2) judge the 
propriety of words uttered earlier in debate (June 15, 2000, p. 11106; 
July 18, 2007, p. 19560); (3) judge the veracity of remarks in debate 
(June 5, 1996, p. 13195; June 17, 2004, p. 12886); (4) decide whether 
certain remarks in debate were confined to the question under 
consideration (as required by clause 1 of rule XVII) (May 27, 2010, p. 
_); (5) reexamine and explain the validity of a prior ruling (Oct. 26, 
1995, p. 29477; June 8, 2005, pp. 11945, 11946; May 15, 2008, p. _); (6) 
anticipate the precedential effect of a ruling (Oct. 10, 1998, p. 
25424); (7) judge the accuracy of the content of an exhibit (Nov. 10, 
1995, p. 32142); (8) 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); (9) respond to political 
commentary (June 25, 1998, p. 13978; Apr. 4, 2001, p. 5417; Oct. 8, 
2004, p. 22634); (10) 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); (11) anticipate whether bill language would trigger certain 
executive actions; (12) interpret a pending proposition (Sept. 20, 1989, 
p. 20969; May 13, 1998, p. 9129; July 9, 2009, p. _; Mar. 20, 2010, p. 
_) (although the 

  The Chair may clarify a prior response to a parliamentary inquiry 
(July 31, 1996, p. 20700; Mar. 21, 2010, p. _).



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 346]]


timeliness of a Member's demand that words be 
taken down is subject to appeal (Jan. 22, 2007, p. 1899).
  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. 12299; July 9, 2009, 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, pp. 6393, 6394). 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. 12299), the 
Chair's ruling on 

  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).

  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, pp. 8590, 8591).


Form of a question
  The House has postponed, along with the underlying matter, an appeal 
from a decision of the Chair thereon (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).


[[Page 347]]


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).

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 




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).

  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 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).


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).


[[Page 348]]


such an appointment may not extend beyond three 
legislative days.


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), 


  (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.

  (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 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).




[[Page 349]]




  (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.

  Paragraph (a) was adopted in 1811 and limited to three 
legislative days in 1920 (VI, 263). Paragraph (b)(1) was adopted in 1876 
(II, 1377). Paragraph (b)(2) was adopted in the 99th Congress (H. Res. 
7, Jan. 3, 1985, p. 393). Paragraph (b)(3) was adopted in the 108th 
Congress (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. 7). 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). The Speaker delivers to the 
Clerk the list required under paragraph (b)(3)(B) and announces such 
delivery to the House (e.g., Mar. 13, 2003, p. 6118; Jan. 20, 2005, p. 
266).



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 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 Members in the alternative to act as Speakers pro tempore to 
sign enrollments through a date certain (e.g., Aug. 6, 1998, p. 19128) 
or for an entire Congress (e.g., Jan. 6, 2009, p. _).



[[Page 350]]




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).

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; 




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).



[[Page 351]]




penses for such travel may be paid from applicable 
accounts of the House described in clause 1(k)(1) of rule X on vouchers 
approved and signed solely by the Speaker.



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. Ex



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, 109th, and 112th 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. 
42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, 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.


[[Page 352]]




of the bill or resolution passed or adopted by the 
House.



637. Select and conference committees.

  11. The  Speaker 
shall appoint all select, joint, and conference committees ordered by 
the House. At any time after an original appointment, the Speaker 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 


  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).

  Before 1880 the House could 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; 
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, pp. 17754, 
17755).

  It is within the discretion of the Chair 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 353]]




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. 25816), or substitution of one conferee for another (Dec. 16, 
2005, p. 29212; Oct. 6, 2009, p. _), or by expansion of the 
specification of provisions for which a conferee is appointed (Oct. 3, 
2002, p. 19011; Nov. 14, 2005, p. 25816). 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 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. 


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.



[[Page 354]]




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; July 13, 2009, p. _).

  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 (Apr. 30, 1998, p. 7381) or 
having withdrawn recognition for a special-order speech (Nov. 4, 2009, 
p. _), the Speaker may declare a recess for a short time under this 
paragraph (there being no question then pending before the House). A 
Member's mere revelation that the Member seeks to offer a motion to 
adjourn does not suffice 



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.

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

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

      (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.




[[Page 355]]




  (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. 19 (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. 731). An emergency 
recess under paragraph (b) was declared by the Speaker pro tempore on 
May 11, 2005 (p. 9163) and by the chair of the Committee of the Whole on 
June 29, 2005 (p. 14835). 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. The Speaker has changed the convening time 
under paragraph (c) upon notification by the Sergeant-at-Arms of an 
imminent impairment to reconvening (Dec. 19, 2009, p. _).