[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 116th Congress]
[116th Congress]
[House Document 115-177]
[Rules of the House of Representatives]
[Pages 341-366]
[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 342]]

  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 343]]

  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. 3806).


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 344]]

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, Precedents (Wickham), ch. 4, 
Sec. 4.1). 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), including during 
the pendency of a vote by electronic device (Dec. 19, 2017, 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) (Precedents (Wickham), ch. 4, Sec. 4.6). 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, Precedents (Wickham), ch. 1, 
Sec. 6.6).


[[Page 345]]

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. _; June 20, 2018, p. _ (children used as the 
exhibit)). Mass presence of Members in 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. 
4393), 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; July 27, 2017, p. _). 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), including a mobile device that impairs decorum under clause 5 
of rule XVII (June 22, 2018, p. _). 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

  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; Jan. 20, 2018, p. _).

  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).


[[Page 346]]

  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, Precedents 
(Wickham), ch. 4, Sec. 1.2; see also Mar. 28, 2012, pp. 4361, 4362). 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 (Precedents (Wickham), ch. 4, Sec. 1.3). See 
also Sec. 962, infra.


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 
(Precedents (Wickham), ch. 4, Sec. 3.13; Mar. 29, 2012, p. 4500; July 
19, 2013, pp. 11946, 11947; Oct. 2, 2013, p. 14981), 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 
(Precedents (Wickham), ch. 1, Sec. 6.5). 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. 5130), (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.




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.



[[Page 347]]

  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 (Precedents (Wickham), ch. 4, Sec. 1.4). 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 (Precedents (Wickham), ch. 4, Sec. 1.13). 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. 47; Speaker Boehner, 
Jan. 6, 2015, p. _; Speaker Ryan, Jan. 3, 2017, p. _; Speaker Pelosi, 
Jan. 3, 2019, p. _).




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

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


  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).


[[Page 348]]



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. 17752).



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 of contumacious witnesses for 
action by the courts (III, 1691, 1769; VI, 385; 2 U.S.C. 194). A 
subpoena validly issued under clause 2(m) of rule XI need only be signed 
by the chair of that committee, whereas when the House issues an order 
or warrant, the summons is issued under the hand and seal of the 
Speaker, and it must be attested by the Clerk (III, 1668; see H. Rept. 
96-1078, p. 22).





627. Questions of order.

  5.  The Speaker shall decide all 
questions of order, subject to appeal by a Member, Delegate, or Resident 
Commissioner. On such an appeal a Member, Delegate, or Resident 
Commissioner may not speak more than once without permission of the 
House.


  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).


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debate on the measure (e.g., Feb. 15, 1995, p. 5012; June 1, 2011, p. 
8475; July 11, 2013, p. 11417; May 29, 2014, p. 9256, 9257; July 11, 
2014, p. 11815) 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 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 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. 11693) 
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. 15438; July 6, 2016, p. _; Mar. 7, 2017, p. _; Mar. 15, 2017, 
p. _; June 7, 2017, p. _; June 21, 2017, p. _) and may decline to 
respond to questions in advance of ruling (Oct. 2, 2013, p. 14997). 
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. 10412; June 7, 2017, 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 350]]

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

  The Chair does not decide on the legislative or legal effect of 
propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280, 
2841; Mar. 16, 1983, p. 5669; May 13, 1998, p. 9129), on the consistency 
of proposed action with other acts of the House (II, 1327-1336; VII, 
2112, 2136; VIII, 3237, 3458), whether Members have abused leave to 
print (V, 6998-7000; VIII, 3475), or on the propriety or expediency of a 
proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093, 
3127).

  Also, the Chair does not rule on: (1) the constitutional power of the 
House (II, 1490; IV, 3507), such as the constitutional authority of the 
House to propose a rule of the House, such matter appropriately being 
decided by way of the question of consideration or disposition of the 
proposal (Jan. 4, 2005, 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 351]]

of committees, the Chair does not decide as to their sufficiency (II, 
1339; IV, 4653) or whether the committee has followed instructions (II, 
1338; IV, 4404, 4689); or on matters arising in the Committee of the 
Whole (V, 6927, 6928, 6932-6937; Dec. 12, 1985, p. 36173); but has 
decided as to the validity of the authorization of a report (IV, 4592, 
4593) and has indicated that a point of order could be raised at a 
proper time where the content of a filed report varies from that 
approved by the committee (May 16, 1989, p. 9356). An objection to the 
use of an exhibit under clause 6 of rule XVII (formerly rule XXX) is not 
a point of order on which the Chair must rule (July 31, 1996, pp. 20694, 
20700). Before the rule was rewritten in the 107th Congress, it required 
that the Chair put the question whether the exhibit may be used. It now 
merely permits the Chair to put such question (sec. 2(o), H. Res. 5, 
Jan. 3, 2001, p. 25). A complaint that certain remarks that might be 
uttered in debate would improperly disclose executive-session material 
of a committee is not cognizable as a point of order in the House if the 
Chair is not aware of the executive-session status of the information 
(Nov. 5, 1997, p. 24648). The assertion that a Member may be 
inconvenienced by the legislative schedule announced by the Leadership 
does not give rise to a point of order that the Member cannot attend 
both to House and constituent duties at the same time (Nov. 10, 1999, p. 
29537).
  The Chair is not required to decide a question not directly presented 
by the proceedings (II, 1314). Furthermore, it is not the duty of the 
Chair to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p. 
30225), including: (1) the germaneness of an amendment not yet offered 
(Dec. 12, 1985, p. 36167; May 5, 1988, p. 9936; May 18, 1988, p. 11404; 
Mar. 22, 2000, p. 3283) or previously offered and entertained without a 
point of order (June 6, 1990, p. 13194); (2) the admissibility under 
existing Budget Act allocations of an amendment not yet offered, 
particularly if the Chair's response might depend on the disposition of 
a prior amendment on which proceedings had been postponed (June 27, 
1994, p. 14593; June 12, 2000, p. 10377); (3) the admissibility under 
clause 2 of rule XXI of an amendment already pending (July 29, 1998, p. 
17963), against which all points of order had been waived (July 27, 
1995, p. 20800); (4) the admissibility of an amendment at a future date, 
pending a ruling of the Chair on its immediate admissibility (June 25, 
1997, p. 12488). The Chair will not declare judgment on the propriety of 
words taken down before they are read to the House (Sept. 21, 2001, p. 
17613). The Chair does not take cognizance of complaints relating to 
pairs (VIII, 3087). The Chair passes on the validity of conference 
reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the 
sufficiency of the accompanying statements as distinguished from the 
form (V, 6511-6513), or on the question of whether a conference report 
violates instructions of the House (V, 6395; VIII, 3246). As to reports

  Under long practice, precedents and applicable guidelines allowed the 
Chair to refine a ruling on a point of order in the Record in order to 
clarify the ruling without changing its substance, including one 
sustained by the House on appeal (Feb. 19, 1992, p. 2461; see H. Res. 
230, 99th Cong., July 31, 1985, p. 21783; and H. Rept. 99-228 (in 
accordance with existing accepted practices, the Chair may make such 
technical or parliamentary corrections or insertions in transcript as 
may be necessary to conform to rule, custom, or precedent); see also H. 
Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House 
Administration task force on Record inserted by Speaker Foley, Oct. 27, 
1990, p. 37124). The Chair ruled that the requirement of former clause 9 
of rule XIV (now clause 8 of rule XVII), that the Record be a 
substantially verbatim account of remarks made during House proceedings, 
extended to statements and rulings of the Chair (Speaker Gingrich, Jan. 
20, 1995, p. 1866).


[[Page 352]]

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 
former clause 5(b) 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, 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.

  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 353]]

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).


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. 5786; 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. 4660; June 12, 2014, p. 10057, 
10058; 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. 2578). A Member under recognition for a parliamentary 
inquiry may not yield to another Member (Nov. 22, 2002, p. 23510; Oct. 
12, 2013, p. 15788) and may not engage in debate (June 24, 2011, p. 
10018; Oct. 12, 2013, p. 15788; Apr. 8, 2014, p. 5786; June 12, 2014, p. 
10058; 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,


  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. 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. 5785; June 18, 2015, 
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. 4093), or (3) state the vote tally as it 
stood upon expiration of the minimum time (May 8, 2008, p. 8147).


[[Page 354]]

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. _; 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. 11815); (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. 5785; July 9, 2015, 
p. _; June 28, 2018, p. _) or speculate as to hypothetical committee 
action (Feb. 6, 2012, p. 1005) 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 (Precedents (Wickham), ch. 3, 
Sec. 1.1; Apr. 8, 2014, p. 5785; Feb. 26, 2015, p. _) or signatories to 
a discharge petition (Apr. 8, 2014, p. 5785); (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. _); (25) confirm differences between a reported text and a 
separate substitute text (July 19, 2017, p. _); (26) interpret the 
meaning of the remarks of another Member (Jan. 22, 2018, p. _); (27) 
advise whether a specified discharge petition is at the desk (Mar. 21, 
2018, p. _); (28) explain the status of current law (June 7, 2018, p. 
_).

[[Page 355]]

  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. 11408); (2) 
judge the propriety of words uttered earlier in debate (June 15, 2000, 
p. 11106; July 18, 2007, p. 19560; Nov. 20, 2013, p. 17591; 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. 
_) or issue an advisory opinion regarding the authority to publicize 
classified documents pursuant to a House rule (Feb. 2, 2018, p. _; Feb. 
6, 2018, 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. 11330); 
(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. 15713; Oct. 12, 
2013, p. 15788); (11) respond to political commentary (June 25, 1998, p. 
13978; Apr. 4, 2001, p. 5417; Oct. 8, 2004, p. 22634; Mar. 17, 2016,

  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).


  An appeal may not be entertained from the following: (1) response to a 
parliamentary inquiry (V, 6955; VIII, 3457; July 11, 2013, p. 11329); 
(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; Jan. 17, 2019, 
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 supporting a demand for tellers (VIII, 3105), for a 
recorded vote (June 24, 1976, p. 20390; June 14, 2000, 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. 11321), 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. 11323, p. 11406, and p. 11410).


[[Page 356]]

  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 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; Sept. 6, 2017, p. _), and may be closed by motion to close 
debate or to rise for such motion in the House (V, 6947, 6950; VIII, 
3453). Debate on an appeal in the Committee of the Whole must be 
confined to the question of sustaining the ruling of the Chair and may 
not extend to the merits of the underlying proposition (V, 5055; Sept. 
6, 2017, p. _). 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).



[[Page 357]]

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).

  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). 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. _).


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 358]]



632. Speaker pro tempore.

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


  (b)(1) In the case of illness, the Speaker may appoint a Member to 
perform the duties of the Chair for a period not exceeding 10 days, 
subject to the approval of the House. If the Speaker is absent and has 
omitted to make such an appointment, then the House shall elect a 
Speaker pro tempore to act during the absence of the Speaker.

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

  (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.


[[Page 359]]

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).
  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),



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 
(Precedents (Wickham), ch. 2, Sec. 3.12), 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).



[[Page 360]]

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; VI, 275; Feb. 23, 1996, p. 2807). Members of the 
minority have been called




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 361]]

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


[[Page 362]]

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 363]]

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).
  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.

  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). 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. 17073; Oct. 19, 2017, 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, Precedents 
(Wickham), ch. 3, Sec. 6.11; Dec. 23, 2011, p. 21485).


Recess and Convening Authorities
  For a further discussion of the Speaker's authority to appoint 
conferees, see Sec. 536, supra. For the Speaker's authority to appoint 
Delegates to select, joint, and conference committees, see clause 3(b) 
of rule III (Sec. 676, infra).




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 364]]

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).

  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



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, 
Delegates, and the Resident Commissioner accordingly; or


[[Page 365]]

      (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, Delegates, 
and the Resident Commissioner 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, Delegates, and the Resident Commissioner accordingly.


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


[[Page 366]]

  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. _). Notification requirements under this clause were 
applied to Delegates and the Resident Commissioner in the 116th Congress 
(sec. 102(a), H. Res. 6, Jan. 3, 2019, p. _). An emergency recess under 
paragraph (b) has been declared by the Speaker pro tempore (Precedents 
(Wickham), ch. 4, Sec. 1.10 (drill); May 11, 2005, p. 9163; Oct. 3, 
2013, p. 15082; 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 (Precedents 
(Wickham), ch. 1, Sec. 11.18; see Sec. 951, infra), postponed the time 
for reconvening (Precedents (Wickham), ch. 1, Sec. 11.16; Precedents 
(Wickham), ch. 1, Sec. 11.17), or reconvened the House before the time 
previously appointed (Precedents (Wickham), ch. 1, Sec. 11.14; 
Precedents (Wickham), ch. 1, Sec. 11.15; Mar. 13, 2017, p. _) under 
paragraph (c) upon notification by the Sergeant-at-Arms of an imminent 
impairment to reconvening. The Speaker has reconvened the House before 
the time previously appointed under paragraph (e) upon a determination 
that doing so was in the public interest (Dec. 3, 2018, p. _). 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. _).