[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-61]
[Page 368-375]
Rule IV
the hall of the house
Use and admittance
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. The
Speaker may not entertain a motion for the suspension of this clause.
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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. ----
). 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).
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, and contestants in
election cases during the pendency of their cases on the floor.
(2) The Delegates and the Resident Commissioner.
(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.
(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.
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(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 Standards of Official Conduct 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.
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. ----). It was subjected to many changes from 1802 until 1880
(V, 7823; 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 same
Congress was again revised to permit all Delegates to enjoy 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 prior to this change in the clause. 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).
The portion of this clause which 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 mem
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bers and one clerk on the floor at one time (Speaker Albert, June 8,
1972, p. 20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). 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 the rule applies also to the Chairman of the Committee
of the Whole (V, 7285). ``Heads of departments'' means members of the
President's Cabinet, and not subordinate executive officers, and
``foreign ministers'' means ministers from foreign governments only.
``Governors of States'' does not include governors of territories (V,
7283; VIII, 3634).
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 where 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 his
intention to strictly enforce the rule to prevent a proliferation of
committee and other staff on the floor (Aug. 22, 1974, p. 30027; Jan.
19, 1981, p. 402; Jan. 25, 1983, p. 224). The Speaker announced that
committee staff would be required to display staff badges on the floor
in exchange for identification cards prior to admission to the floor
(Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5, 1993, p. 105). It is not
in order to refer to persons temporarily 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. ----),
other children (May 18, 1995, p. 13490), or Senators exercising floor
privileges (May 18, 1995, p. 13491).
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 Resi
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dent 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. ----). It was adopted initially in 1902 (V, 7346).
4. <> (a) 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 shall be entitled to the
privilege of admission to the Hall of the House and rooms leading
thereto only if--
(1) they do not have any direct personal or pecuniary interest in
any legislative measure pending before the House or reported by a
committee; and
(2) they are not in the employ of, or do not represent, any party
or organization for the purpose of influencing, directly or indirectly,
the passage, defeat, or amendment of any legislative measure pending
before the House, reported by a committee, or under consideration in any
of its committees or subcommittees.
(b) The Speaker shall promulgate such regulations as may be necessary
to implement this rule and to ensure its enforcement.
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. ----). This clause was added initially in the 94th Congress (H.
Res. 1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one clause and
to clarify the restrictions on admittance to the floor of former
Members, officers, and employees and to give the Speaker the power to
promulgate regulations to enforce the rule. As early as 1945 the Chair
held that former Members do not have the privilege of the floor when
they are personally interested
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in legislation (Speaker Rayburn, Oct. 2, 1945, p. 9251). Pursuant to the
authority under this clause, the Speaker issued regulations addressing
former Members (Jan. 6, 1977, p. 321; June 7, 1978, p. 16625; Speaker
Foley, June 9, 1994, p. 12387; Speaker Gingrich, May 24, 1995, p. 14300;
Speaker Gingrich, Aug. 1, 1996, p. 21031). A former Member is not
entitled to the privileges of the floor under this clause if he (1) has
a direct personal or pecuniary interest in legislation under
consideration in the House or reported by any committee, or (2)
represents 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 (June
7, 1978, p. 16625). The essence of the rule is 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, June 9,
1994, p. 12387). Intent to lobby will be assumed where the former Member
is employed or retained as a lobbyist to influence legislative measures
as described in (2) above (Aug. 1, 1996, p. 21031). The Speaker has
emphasized that the rule applies not only to the floor but also to
``rooms leading thereto,'' and has construed the latter phrase to
include the Speaker's Lobby and the cloakrooms (Speaker Gingrich, May
24, 1995, p. 14300; 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, p. ----). 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. ----).
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 shall remain at
the desk and are admitted only to ad
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vise 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.
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. ----). 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 who has an amendment under
consideration but not of a measure's sponsor or during special-order
speeches. The Speaker promulgated regulations for the implementation of
this clause on January 26, 1977 (p. 2333). In the 97th Congress the
Speaker announced that personal staff of Members did not have the
privilege of the floor and that committee staff, permitted on the floor
when business from their committees is under consideration, were
required to remain unobtrusively by the committee tables (Aug. 18, 1982,
p. 21934). Staff permitted on the floor under this clause are not
permitted to pass out literature or otherwise attempt to influence
Members in their votes (Aug. 1, 1990, p. 21519; Sept. 27, 1995, p.
26567) and may not applaud during debate (June 14, 1995, p. 15896).
Gallery
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, Del
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egate, Resident Commissioner, or Senator, the Speaker shall issue a card
of admission to his family, which may include their visitors. No other
person shall be admitted to this section.
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.
----). It was adopted initially in 1880 (V, 7302) and renumbered January
3, 1953 (p. 24).
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.
Prohibition on 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 XXXIII (H. Res. 5, Jan.
6, 1999, p. ----). It was adopted initially in the 105th Congress (H.
Res. 5, Jan. 7, 1997, p. ----).