    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Rules of the House of Representatives]
    [Pages 339-363]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 339]]

        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 340]]

      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. 7).

      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).

    [[Page 341]]

      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 the filing 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).

      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). The House by unanimous consent has
    permitted an untimely demand for a vote on approval of the Journal (Mar.
    18, 2013, p. _).

    Preservation of order
      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). 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). Under
    the rule as in effect from the 92d Congress through the 95th Congress,
    any Member could offer a privileged, nondebatable motion that the
    Journal be read pending the Speaker's announcement of approval and
    before agreement by the House (Apr. 23, 1975, p. 11482).

    622. Speaker preserves order on floor and in galleries and
    lobby.

        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.

      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 342]]

    burn, Mar. 1, 1943, p. 1487 (air-raid drill)). A former Member must
    observe the rules of decorum while on the floor, and the Speaker may
    request the Sergeant-at-Arms to assist 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.
    19565).
      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 Ray

      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. 6858). 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. 6296). 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 343]]

    the well while not under recognition (June 22, 2016, p. _), and a
    gathering of Members improperly displaying electronic and non-electronic
    exhibits (Mar. 13, 2014, p. _), each constitutes a breach of decorum.
    The Chair has admonished Members to observe proper decorum before the
    adoption of the rules (Jan. 3, 2017, p. _).
      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 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). 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 have enlisted the assistance of a House Page to manage the
    placement of an exhibit on an easel, it was 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; July 7, 2016, p. _). Mass presence of Members in

      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 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).

      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. 4095).

      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
    the 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; see also Mar. 28, 2012, p. _). 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 344]]

    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; Mar. 29, 2012, p. _; July 19, 2013, p. _; Oct. 2, 2013,
    p. _), from which there is no appeal (see Sec. 629, infra). In the event
    of disorder in the well, the Chair may ask Members to uphold the dignity
    and decorum of the House so that business can be conducted in an orderly
    fashion (Speaker Ryan, June 22, 2016, p. _) or may order that the well
    be cleared (Speaker McCormack, Dec. 9, 1963, p. 23831). Even before
    adoption of the rules, the Speaker may maintain decorum by directing a
    Member engaging in such breach of decorum to be removed from the well
    and by directing the Sergeant-at-Arms to present the mace as the
    traditional symbol of order (Jan. 3, 1991, p. 58). A Member's
    comportment may constitute a breach of decorum even though the content
    of that Member's speech is not, itself, unparliamentary (July 29, 1994,
    p. 18609). Under this standard the Chair may deny further recognition to
    a Member engaged in unparliamentary debate who ignores repeated
    admonitions by the Chair to proceed in order (unless the Member is
    permitted to proceed by order of the House) (Sept. 18, 1996, p. 23535).
    The Chair has announced that time consumed (1) obtaining order (Mar. 21,
    2010, p. 4104; Apr. 18, 2012, p. _), (2) admonishing a Member for
    failing to address remarks to the Chair (July 23, 2015, p. _), (3)
    admonishing the gallery (Apr. 8, 2003, p. 8761), or (4) responding to a
    Member interrupting debate without being recognized (Feb. 7, 1985, p.
    2229; Feb. 6, 2002, p. 640), would not be charged to the Member under
    recognition.

    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

    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).

    [[Page 345]]

    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. 25; Speaker Boehner,
    Jan. 5, 2011, p. 106; Speaker Boehner, Jan. 3, 2013, p. _; Speaker
    Boehner, Jan. 6, 2015, p. _; Speaker Ryan, Jan. 3, 2017, p. _).

    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

    624. Speaker's signature to acts, warrants, subpoenas,
    etc.

      4.  The Speaker shall sign all acts and joint resolutions passed by
    the two Houses and all writs, warrants, and subpoenas of, or issued by
    order of, the House. The Speaker may sign enrolled bills and joint
    resolutions whether or not the House is in session.

      The Speaker was given authority to sign acts, warrants, subpoenas,
    etc., in 1794 (II, 1313). The last sentence of this clause, granting the
    Speaker standing authority to sign enrolled bills, even if the House is
    not in session, was added in the 97th Congress (H. Res. 5, Jan. 5, 1981,
    pp. 98-113). Before the House recodified its rules in the 106th
    Congress, clauses 4 and 5 occupied a single clause (H. Res. 5, Jan. 6,
    1999, p. 47).

    Sec. 625. Signing of enrolled bills.

      Enrolled  bills are
    signed first by the Speaker (IV, 3429) 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; Mar. 11, 1986, p. 4240;
    Dec. 19, 2012, p. _).

    [[Page 346]]

    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).

    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). The House
    has authorized the Speaker to issue a 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

    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).

    [[Page 347]]

    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.
    4767).

    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, pp. 17309-11), 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. 13500), including withdrawal in favor
    of reservation (June 2, 2015, p. _). Present insistence on a point of
    order takes precedence over reservation (Nov. 19, 2009, pp. 28235,
    28243). A point of order against consideration of a measure must be
    raised (or reserved) before commencement of debate on the measure (e.g.,
    Feb. 15, 1995, p. 5012; June 1, 2011, p. 8475; July 11, 2013, p. _; May
    29, 2014, p. _; July 11, 2014, p. _) and 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

      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; July 10, 2014, p. _) and is
    solely to edify the judgment of the Chair, who may decline to hear more
    when prepared to rule (Mar. 3, 2011, pp. 3171, 3172; Oct. 8, 2013, p. _;
    July 6, 2016, p. _; Mar. 7, 2017, p. _; Mar. 15, 2017, p. _) and may
    decline to respond to questions in advance of ruling (Oct. 2, 2013, 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; June 18, 2014, p. _), 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. 2174). 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, pp. 8493, 8494; July 24, 1998, p. 17278; June 12, 2008,
    pp. 12318, 12319). However, a Member has been allowed by unanimous
    consent to revise and extend remarks, or to insert extraneous material,
    to appear following the ruling on a point of order (July 13, 2000, p.
    14095; May 17, 2017, p. _). 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 348]]

      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 interpretation of a rule is a
    statement made directly from the Chair and not a comment made by the
    Speaker in another context (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. 44-46); (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 349]]

    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
    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

      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 350]]

    25032), including one required to be printed in the Congressional Record
    where the Record had not yet been printed (Jan. 26, 2011, p. 906). 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. 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,

      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; Mar. 21,
    2010, p. 4106; Apr. 8, 2014, p. _; June 18, 2015, 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; Feb.
    14, 2017, p. _). 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; May 29, 2014, p. _; June 12, 2014, p. _; Jan. 13,
    2015, p. _; July 7, 2016, p. _) and the yielding Member is charged time
    consumed thereby (Deschler-Brown, ch. 31, Sec. 15.4; Feb. 5, 2014, p.
    _). A Member under recognition for a parliamentary inquiry may not yield
    to another Member (Nov. 22, 2002, p. 23510; Oct. 12, 2013, p. _) and may
    not engage in debate (June 24, 2011, p. 10018; Oct. 12, 2013, p. _; Apr.
    8, 2014, p. _; June 12, 2014, p. _; June 18, 2015, p. _). A proper
    parliamentary inquiry relates to an interpretation of a House rule, not
    of a statute or of the Constitution (July 28, 1982, p. 18385; Oct. 10,
    1998, p. 25424; July 18, 2006, p. 14784). The Chair may entertain a
    parliamentary inquiry during argument on a point of order if relevant
    thereto (June 24, 2003, p. 15832).

    [[Page 351]]

    Chair announced parameters for a proper parliamentary inquiry (Mar. 21,
    2010, p. 4106) and announced an intention to refuse further recognition
    on a particular line of improper inquiry (Mar. 21, 2010, p. 4093; Apr.
    8, 2014, p. _; June 18, 2015, p. _).
      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

      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. 4093), or (3) state the vote tally as it
    stood upon expiration of the minimum time (May 8, 2008, p. 8147).

    [[Page 352]]

    Feb. 14, 2017, p. _) (although the Chair may interpret or construe the
    terms of a previously adopted order under which the House may be
    operating (such as to respond to a question of order) (May 22, 2002, p.
    8681)); (16) identify which points of order were waived by a special
    order of business for a measure then pending (July 11, 2014, p. _); (17)
    judge the appropriateness of Senate action (Apr. 10, 2003, p. 9279);
    (18) characterize proceedings of a committee (June 15, 2006, p. 11409;
    Apr. 8, 2014, p. _; July 9, 2015, p. _) or speculate as to hypothetical
    committee action (Feb. 6, 2012, p. _) or 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. 2640) or of a
    committee (Nov. 15, 2007, p. 31789); (19) advise whether a cost estimate
    exists for a measure being considered by a committee (Mar. 8, 2017, p.
    _) or issue an advisory opinion regarding whether hypothetical committee
    action would violate a rule of the House (Mar. 8, 2017, p. _); (20)
    speculate whether Members-elect are entitled to compensation prior to
    taking the oath of office (Jan. 7, 2011, p. 228); (21) identify the
    number or party membership of cosponsors of a measure (Dec. 13, 2011, p.
    19846; Apr. 8, 2014, p. _; Feb. 26, 2015, p. _) or signatories to a
    discharge petition (Apr. 8, 2014, p. _); (22) address the legislative
    schedule (Sept. 28, 2012, p. _; Dec. 1, 2015, p. _; Dec. 9, 2015, p. _;
    Speaker Ryan, June 13, 2016, p. _; June 21, 2016, p. _; June 23, 2016,
    p. _), including advising on the Speaker's designation of a time to
    consider a purported question of the privileges of the House noticed
    under rule IX (Mar. 20, 2017, p. _); (23) prejudge who would be
    recognized as the leader of successful opposition to the previous
    question (Oct. 26, 2015, p. _); (24) explain a technical issue an
    outside entity may have had with the House broadcast feed (Jan. 12,
    2017, 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; July 16,
    2009, p. 18146; Feb. 11, 2011, p. 1585; July 11, 2013, p. _); (2) judge
    the propriety of words uttered earlier in debate (June 15, 2000, p.
    11106; July 18, 2007, p. 19560; Nov. 20, 2013, p. _; Jan. 8, 2016, p.
    _); (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. 9652); (5) decide whether a Member
    revealed classified information during debate (June 18, 2015, p. _); (6)
    reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p.
    29477; June 8, 2005, pp. 11945, 11946; May 15, 2008, p. 9229); (7)
    anticipate the precedential effect of a ruling (Oct. 10, 1998, p. 25424)
    or whether a future ruling by the Chair will ``result in a vote'' (Oct.
    9, 2015, p. _); (8) opine as to the substantive effect of an objection
    to a unanimous-consent request (July 11, 2013, p. _); (9) judge the
    accuracy of the content of an exhibit (Nov. 10, 1995, p. 32142); (10)
    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; Oct. 11, 2013, p. _; Oct. 12, 2013, p. _); (11)
    respond to political commentary (June 25, 1998, p. 13978; Apr. 4, 2001,
    p. 5417; Oct. 8, 2004, p. 22634; Mar. 17, 2016, p. _); (12) 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); (13) anticipate whether bill
    language would trigger certain executive actions (Sept. 20, 1989, p.
    20969); (14) interpret a pending proposition (May 13, 1998, p. 9129;
    July 9, 2009, p. 17233; Mar. 20, 2010, p. 4041) (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. 541)) or advise whether a pending
    proposition conflicts with certain ethics rules of the House (Mar. 17,
    2016, p. _); (15) interpret, construe, or characterize a pending special
    order of business resolution (May 22, 2002, p. 8681; Apr. 8, 2014, p. _;

      The Chair may clarify a prior response to a parliamentary inquiry
    (July 31, 1996, p. 20700; Mar. 21, 2010, p. 4106).

    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 353]]

    p. 10841) or for the yeas and nays (Sept. 12, 1978, p. 28950), or
    objecting 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 (July 11, 2013, p. _), 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 timeliness of a
    Member's demand that words be taken down is subject to appeal (Jan. 22,
    2007, p. 1899). The decision of the Chair that a unanimous-consent
    request to revise and extend remarks contains oratory extending beyond a
    simple declarative statement of the Member's attitude toward the
    underlying measure and thus constitutes debate is subject to appeal
    (July 11, 2013, p. _, p. _, and p. _).
      An appeal may not be entertained from the following: (1) response to a
    parliamentary inquiry (V, 6955; VIII, 3457; July 11, 2013, p. _); (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. 17233); (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
    supporting a demand for tellers (VIII, 3105), for a recorded vote (June
    24, 1976, p. 20390; June 14, 2000,

      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 354]]

      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 has been 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). 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).
    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
    for such motion in the House (V, 6947, 6950; VIII, 3453). An appeal may
    be withdrawn in the Committee of the Whole as a matter of right (June 8,
    2000, p. 9954).

    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 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) and amended in the 115th
    Congress to remove a requirement that the Speaker rise to put a question
    (sec. 2(e), H. Res. 5, Jan. 3, 2017, p. _). 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. 7). 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 355]]

    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). The Speaker has voted for a successor
    in that role where his resignation was effective ``upon the election of
    my successor'' (Speaker Wright, June 6, 1989, p. 10800; Speaker Boehner,
    Oct. 29, 2015, p. _).
      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.

    [[Page 356]]

      (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).

      (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.
    7). 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).

    [[Page 357]]

    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 permit the
    Speaker to make appointments beyond the limit in paragraph (a) (e.g.,
    Dec. 16, 2009, pp. 32039, 32040). 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. 25).

    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

    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 358]]

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

    635. Drug testing in the House.

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

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes to this clause were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). This clause was redesignated from clause 13 to
    clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p.
    7).

    Designation of travel

    Sec. 635a. Former term limit.

      Clause 9  formerly was occupied
    by a prohibition against the Speaker serving for more than four
    consecutive Congresses, which was added in the 104th Congress (sec.
    103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th
    Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). Before the House
    recodified its rules in the 106th Congress, the former term-limit rule
    and current clause 8 occupied a single clause (formerly clause 7) (H.
    Res. 5, Jan. 6, 1999, p. 47).

    636. Travel authority.

      10.  The Speaker may designate a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House to travel on the business of the House within or without the
    United States, whether the House is meeting, has recessed, or has
    adjourned. Expenses for such travel may be paid from applicable accounts
    of the House described in clause 1(k)(1) of rule X on vouchers approved
    and signed solely by the Speaker.

    [[Page 359]]

    ployees for foreign travel, except where authorized by the chair of the
    committee for members and employees thereof.

    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. 80). 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 em

    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.

    [[Page 360]]

      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).

      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). 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).

    [[Page 361]]

    (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). 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. 23628;
    Nov. 14, 2013, 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). 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 choose
    to appoint minority conferees on the recommendation of the Minority
    Leader (Speaker Boehner, Dec. 20, 2011, p. 21438; Dec. 23, 2011, p.
    21485).
      Pursuant to this clause the Speaker may by the terms of the
    appointment empower a group of exclusive conferees to report in total
    disagreement

    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 (Apr. 30, 1998, p. 7381) or
    having withdrawn recognition for a special-order speech (Nov. 4, 2009,
    p. 26795), 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 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. 17493).

    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.

    [[Page 362]]

    ty, the chair of the Committee of the Whole 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 safe

      (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.

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

      (e) During any recess or adjournment of not more than three days, if
    in the opinion of the Speaker the public interest so warrants, then the
    Speaker, after consultation with the Minority Leader, may reconvene the
    House at a time other than that previously appointed, within the limits
    of clause 4, section 5, article I of the Constitution, and notify
    Members accordingly.

    [[Page 363]]

      (f) The Speaker may name a designee for purposes of paragraphs (c),
    (d), and (e).

      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. 7). Paragraphs (e) and (f) were added in the 114th
    Congress (sec. 2(d), H. Res. 5, Jan. 6, 2015, p. _). A clarifying change
    to paragraph (d) was effected in the 115th Congress (sec. 2(f), H. Res.
    5, Jan. 3, 2017, p. _). An emergency recess under paragraph (b) has been
    declared by the Speaker pro tempore (Mar. 6, 2003, p. 5355 (drill); May
    11, 2005, p. 9163; Oct. 3, 2013, p. _; July 8, 2016, p. _) and by the
    chair of the Committee of the Whole (June 29, 2005, p. 14835). For the
    Speaker's inherent authority to declare a recess under clause 2 of rule
    I, see Sec. 622, supra. The Speaker has dispensed with morning-hour
    debate (July 10, 2014, p. _; see Sec. 951, infra), postponed the time
    for reconvening (Oct. 30, 2012, p. _; Mar. 4, 2014, p. _), or reconvened
    the House before the time previously appointed (Dec. 19, 2009, p. 32729;
    Jan. 21, 2014, p. _; Mar. 13, 2017, p. _) under paragraph (c) upon
    notification by the Sergeant-at-Arms of an imminent impairment to
    reconvening. The House previously provided the public interest
    reconvening authority now in paragraph (e) by standing order (see
    Sec. 83a, supra, discussing also similar authority in the Senate). The
    Speaker executes by letter the designation under paragraph (f) (e.g.,
    Jan. 6, 2015, p. _).