[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Rules of the House of Representatives]
[Pages 406-414]
[From the U.S. Government Publishing Office, www.gpo.gov]


 
                                 Rule IV


Use and admittance
                          the hall of the house




677. Use of the Hall of the House.

  1. The Hall  of the House 
shall be used only for the legislative business of the House and for 
caucus and conference meetings of its Members, except when the House 
agrees to take part in any ceremonies to be observed therein.



  When the House recodified its rules in the 106th Congress, it 
consolidated former rules XXXI, XXXII, and XXXIII under rule IV, and 
clause 1 was found in former rule XXXI (H. Res. 5, Jan. 6, 1999, p. 47). 
Rules relating to the use of the Hall were adopted as early as 1804. The 
present form of this clause dates from 1880 (V, 7270). It was renumbered 
January 3, 1953 (p. 24). A technical amendment to this clause, in 
conjunction with one to clause 2(b), was effected in the 112th Congress 
(sec. 2(f), H. Res. 5, Jan. 5, 2011, p. 80). 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, 
106; Speaker Boehner, Jan. 3, 2013, p. 47; Speaker Boehner, Jan. 6, 
2015, p. 63; Speaker Ryan, Jan. 3, 2017, p. 66; Speaker Pelosi, Jan. 3, 
2019, p. _; Speaker Pelosi, Jan. 4, 2021, p. _; Speaker McCarthy, Jan. 
9, 2023, p. _).



Sec. 678. Persons and officials admitted to the floor 
during sessions of the House.

  2.  (a) Only the following persons shall be 
admitted to the Hall of the House or rooms leading thereto:


      (1) Members of Congress, Members-elect, Delegates, Delegates-
elect, the Resident Commissioner, and the Resident Commissioner-elect.

      (2) Contestants in election cases during the pendency of their 
cases on the floor.

      (3) The President and Vice President of the United States and 
their private secretaries.

      (4) Justices of the Supreme Court.

      (5) Elected officers and minority employees nominated as elected 
officers of the House.

      (6) The Parliamentarian.

      (7) Staff of committees when business from their committee is 
under consideration, and staff of the respective party leaderships when 
so assigned with the approval of the Speaker.

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

      (9) The Architect of the Capitol.

      (10) The Librarian of Congress and the assistant in charge of the 
Law Library.

      (11) The Secretary and Sergeant-at-Arms of the Senate.

      (12) Heads of departments.

      (13) Foreign ministers.

      (14) Governors of States.

      (15) Former Members, Delegates, and Resident Commissioners; former 
Parliamentarians of the House; and former elected officers and minority 
employees nominated as elected officers of the House (subject to clause 
4).

      (16) One attorney to accompany a Member, Delegate, or Resident 
Commissioner who is the respondent in an investigation undertaken by the 
Committee on Ethics when a recommendation of that committee is under 
consideration in the House.

      (17) Such persons as have, by name, received the thanks of 
Congress.


  (b) The Speaker may not entertain a unanimous consent request or a 
motion to suspend this clause or clauses 1, 3, 4, or 5.

  Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 1 of rule XXXII (H. Res. 5, Jan. 6, 
1999, p. 47). It was subjected to many changes from 1802 until 1880 (V, 
7283; VIII, 3634) and was renumbered in the 83d Congress (Jan. 3, 1953, 
p. 24). The rule was amended in the 92d Congress to include the Delegate 
from the District of Columbia among those having the privilege of the 
floor (H. Res. 5, Jan. 22, 1971, p. 144), and later in that Congress was 
revised to grant all Delegates the privilege (H. Res. 1153, Oct. 13, 
1972, pp. 36021-23). The latter revision was necessary because of the 
enactment of Public Law 92-271, which created the positions of Delegate 
from Guam and Delegate from the Virgin Islands. Officers and elected 
employees, both present and former, were given floor privileges by the 
adoption of this same resolution (H. Res. 1153, Oct. 13, 1972, p. 36013) 
but had in fact, by custom, been permitted on the floor before this 
change. This clause was substantially amended in the 94th Congress (H. 
Res. 1435, Oct. 1, 1976, pp. 35175-80) and was amended by the Ethics 
Reform Act of 1989 to permit floor privileges for one attorney for a 
Member-respondent during consideration of a disciplinary resolution 
(P.L. 101-194, Nov. 30, 1989). Clause 2(a)(7) was amended in the 108th 
Congress to extend floor privileges to party leadership staff when so 
assigned with the approval of the Speaker (sec. 2(d), H. Res. 5, Jan. 7, 
2003, p. 7). This amendment codified current practice, including the 
Speaker's ultimate control over such assignments. In the 112th Congress, 
paragraph (a)(16) was amended to reflect a change in committee name and 
paragraph (b) was amended to clarify the breadth of the restriction on 
suspending various prohibitions of rule IV, which had been 
unintentionally narrowed by recodification in the 106th Congress (secs. 
2(e)(8), 2(f)(2), H. Res. 5, Jan. 5, 2011, p. 80). In the 116th 
Congress, paragraphs (a)(1) and (a)(2) were amended to clarify that 
Delegates-elect and the Resident Commissioner-elect, as well as 
contestants in election cases for Delegate or the Resident Commissioner, 
have floor privileges, and paragraph (a)(14) was amended to extend such 
privileges to Governors of the Territories (sec. 102(d), H. Res. 6, Jan. 
3, 2019, p. _). Paragraph (a)(14) was further amended in the 117th 
Congress to extend such privileges to the Mayor of the District of 
Columbia (sec. 2(d)(1), H. Res. 8, Jan. 4, 2021, p. _), but language 
extending such privileges to the Mayor and to the Governors of 
Territories was repealed in the 118th Congress (sec. 2(p), H. Res. 5, 
Jan. 9, 2023, p. _).

  The portion of this clause that permits clerks of committees access to 
the floor during the consideration of business from their committees has 
been interpreted by the Speaker to allow four professional staff members 
and one clerk on the floor at one time (Speaker Albert, June 8, 1972, p. 
20318; Speaker O'Neill, Precedents (Wickham), ch. 4, Sec. 5.5). The 
Legislative Reorganization Act of 1970, section 503(3) (84 Stat. 1140, 
1202; 2 U.S.C. 281b(3)), also allows two staff members of the 
Legislative Counsel access to the floor to assist the committee.

  The portion of the clause forbidding the Speaker to entertain requests 
for suspension of certain clauses applies also to the chair of the 
Committee of the Whole (V, 7285) but the House may grant specific access 
by resolution (e.g., Precedents (Wickham), ch. 4, Sec. 1.7) and has 
likewise governed admittance for a specified joint meeting by resolution 
(Precedents (Wickham), ch. 4, Sec. 5.2). ``Heads of departments'' means 
members of the President's Cabinet, and not subordinate executive 
officers, and ``foreign ministers'' means ministers from foreign 
governments only.


  An alleged violation of the rule relating to admission to the floor 
presents a question of privilege (III, 2624, 2625; VI, 579), but not a 
higher question of privilege than an election case (III, 2626). In one 
case in which a former Member was abusing the privilege, he was excluded 
by direction of the Speaker (V, 7288), but in another case the Speaker 
declared it a matter for the House and not the Chair to consider (V, 
7286). In one case an alleged abuse was inquired into by a select 
committee (V, 7287). See Sec. 680, infra, for the rule constraining 
conduct of former Members, Delegates, the Resident Commissioner, 
officers, and staff while on the floor. The Speaker announced an 
intention to strictly enforce the rule to prevent a proliferation of 
committee and other staff on the floor (Aug. 22, 1974, p. 30027; 
Precedents (Wickham), ch. 4, Sec. 5.6; Precedents (Wickham), ch. 6, 
Sec. 15.8). The Speaker announced that committee staff would be required 
to display staff badges on the floor in exchange for identification 
cards before admission to the floor (Speaker O'Neill, Precedents 
(Wickham), ch. 4, Sec. 5.8; Jan. 5, 1993, p. 105). It is not in order to 
refer to persons on the floor of the House as guests of the House, such 
as Members' children (Apr. 28, 1994, p. 8783; Dec. 19, 1995, p. 37575; 
Jan. 22, 1996, p. 682; Apr. 30, 1998, p. 7320; June 17, 2004, p. 12847; 
Aug. 1, 2011, p. 12698) or other children (May 18, 1995, p. 13490; Oct. 
7, 1999, p. 24425; Apr. 25, 2013, pp. 5952, 5953; Apr. 21, 2016, p. 
4913; Apr. 26, 2018, p. _).



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

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



  (b) Until 15 minutes of the hour of the meeting of the House, persons 
employed in its service, accredited members of the press entitled to 
admission to the press gallery, and other persons on request of a 
Member, Delegate, or Resident Commissioner by card or in writing, may be 
admitted to the Hall of the House.


  Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 2 of rule XXXII (H. Res. 5, Jan. 6, 
1999, p. 47). It was adopted initially in 1902 (V, 7346).



Sec. 680. Former Members and officers.

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


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

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

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

      (4) has been convicted by a court of record for the commission of 
a crime in relation to that individual's election to, or service to, the 
House.


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

  Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 3 of rule XXXII (H. Res. 5, Jan. 6, 
1999, p. 47). It was adopted during the 94th Congress (H. Res. 1435, 
Oct. 1, 1976, pp. 35175-80) to: (1) consolidate in one place and to 
clarify the restrictions on admittance to the floor of former Members, 
officers, and employees; (2) add the restriction now found in paragraph 
(a)(3); and (3) give the Speaker the power to promulgate regulations to 
enforce the rule. During the 109th Congress, the clause was amended to: 
(1) add paragraph (a)(1) to establish plainer proscriptions with respect 
to registered lobbyists, agents of foreign principals, and persons with 
similar representational roles; and (2) specify particular exercises of 
regulatory authority by the Speaker (Precedents (Wickham), ch. 4, 
Sec. 6.7). The 111th Congress clarified the authority of the Speaker 
over the entire rule and not merely the exemptions specified in 
paragraph (b), and eliminated a gender-based reference (secs. 2(l), 
2(m), H. Res. 5, Jan. 6, 2009, pp. 7, 9). During the 117th Congress, 
paragraph (a)(4) expanded the proscription on the privileges of the 
floor to include individuals convicted for crimes related to that 
individual's election or service to the House (sec. 2(d)(2), H. Res. 8, 
Jan. 4, 2021, p. _). Pursuant to the authority granted by this clause, 
Speakers have issued regulations from time to time (Speaker O'Neill, 
Precedents (Wickham), ch. 4, Sec. 6.2; Speaker Foley, June 9, 1994, p. 
12387; Speaker Gingrich, May 24, 1995, p. 14300; Speaker Gingrich, Aug. 
1, 1996, p. 21031; Speaker Hastert, Feb. 1, 2006, p. 644; Speaker 
Pelosi, Jan. 5, 2007, p. 273).

  The Speaker has emphasized that this clause applies not only to the 
floor but also to ``rooms leading thereto,'' and has construed the 
latter phrase to include, for example, the Speaker's Lobby and the 
cloakrooms (Speaker Rayburn, Oct. 2, 1945, p. 9251; Speaker Gingrich, 
May 24, 1995, p. 14300; Aug. 1, 1996, p. 21031) and the Rayburn Room 
(Feb. 1, 2006, p. 541).

  Even before the addition of what is now paragraph (a)(3), the Speaker 
advised that former Members did not have the privilege of the floor if 
they were in the employ of an organization that was interested in 
legislation before the Congress (Speaker Rayburn, Oct. 2, 1945, p. 
9251). A former Member has not been entitled to the privileges of the 
floor under this clause if (1) having a direct personal or pecuniary 
interest in legislation under consideration in the House or reported by 
any committee, or (2) representing any party or organization for the 
purpose of influencing the disposition of legislation pending before the 
House, reported by any committee or under consideration in any committee 
or subcommittee (Precedents (Wickham), ch. 4, Sec. 6.3). The essence of 
the rule has been the former Member's status as one with a personal or 
pecuniary interest and not whether the former Member may have a present 
intent to lobby (Speaker Foley, Precedents (Wickham), ch. 4, Sec. 6.4). 
Even before the adoption of a more categorical form of the rule during 
the 109th Congress, intent to lobby was assumed if a former Member was 
employed or retained as a lobbyist to influence legislative measures as 
described in (2) above (Aug. 1, 1996, p. 21031).


  A former Member must observe the rules of proper decorum while on the 
floor, and the Chair may direct the Sergeant-at-Arms to assist the Chair 
in maintaining such decorum (Sept. 17, 1997, pp. 19026, 19027). A former 
Member may not manifest approval or disapproval of the proceedings 
(VIII, 3635). In the 105th Congress the House adopted a resolution 
offered as a question of the privileges of the House alleging indecorous 
behavior of a former Member and instructing the Sergeant-at-Arms to ban 
the former Member from the floor, and rooms leading thereto, until the 
resolution of a contested election to which he was party (H. Res. 233, 
Sept. 18, 1997, p. 19340).




Sec. 681. Members' staff.

  5. A person  from the staff of a 
Member, Delegate, or Resident Commissioner may be admitted to the Hall 
of the House or rooms leading thereto under clause 2 only upon prior 
notice to the Speaker. Such persons, and persons from the staff of 
committees admitted under clause 2, may not engage in efforts in the 
Hall of the House or rooms leading thereto to influence Members with 
regard to the legislation being amended. Such persons are admitted only 
to advise the Member, Delegate, Resident Commissioner, or committee 
responsible for their admission. A person who violates this clause may 
be excluded during the session from the Hall of the House and rooms 
leading thereto by the Speaker.



Gallery
  Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 4 of rule XXXII (H. Res. 5, Jan. 6, 
1999, p. 47). This clause was added initially in the 95th Congress (H. 
Res. 5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to 
one person from the staff of a Member having an amendment under 
consideration (but not of a measure's sponsor), and was amended in the 
115th Congress to remove a requirement that personal and committee staff 
remain at the committee tables (sec. 2(i), H. Res. 5, Jan. 3, 2017, p. 
37). The Speaker promulgated regulations for the implementation of this 
clause in the 95th Congress (January 26, 1977, p. 2333), which should be 
read in light of the amendment made in the 115th Congress. In the 97th 
Congress the Speaker announced that personal staff of Members did not 
have the privilege of the floor (Precedents (Smith), ch. 7, Sec. 6.9). 
Staff permitted on the floor under this clause are not permitted to 
distribute literature or otherwise attempt to influence Members in their 
votes (Precedents (Wickham), ch. 4, Sec. 5.9; Sept. 27, 1995, p. 26567) 
and may not applaud during debate (Precedents (Wickham), ch. 4, 
Sec. 5.10).



682. The various galleries and admission 
thereto.

  6. (a)  The Speaker shall set aside a portion of the west gallery for 
the use of the President, the members of the Cabinet, justices of the 
Supreme Court, foreign ministers and suites, and the members of their 
respective families. The Speaker shall set aside another portion of the 
same gallery for the accommodation of persons to be admitted on the 
cards of Members, Delegates, or the Resident Commissioner.



  (b) The Speaker shall set aside the southerly half of the east gallery 
for the use of the families of Members of Congress. The Speaker shall 
control one bench. On the request of a Member, Delegate, Resident 
Commissioner, or Senator, the Speaker shall issue a card of admission to 
the family of such individual, which may include their visitors. No 
other person shall be admitted to this section.


[[Page 414]]

  Before the House recodified its rules in the 106th Congress, this 
provision was found in former rule XXXIII (H. Res. 5, Jan. 6, 1999, p. 
47). It was adopted initially in 1880 (V, 7302) and renumbered January 
3, 1953 (p. 24). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).


Prohibition on campaign contributions
  On special occasions the House sometimes makes a special rule for 
admission to the galleries (V, 7303), as on the occasion of the 
electoral count (III, 1961), of an address by the President, and of 
public funerals.




683. Prohibition on distribution of campaign 
contributions.

  7. A  Member, Delegate, Resident Commissioner, officer, or 
employee of the House, or any other person entitled to admission to the 
Hall of the House or rooms leading thereto by this rule, may not 
knowingly distribute a political campaign contribution in the Hall of 
the House or rooms leading thereto.




  Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 5 of rule XXXII (H. Res. 5, Jan. 6, 
1999, p. 47). It was adopted initially in the 105th Congress (H. Res. 5, 
Jan. 7, 1997, p. 121).