[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress] [110th Congress] [House Document 109-157] [Rules of the House of Representatives] [Pages 335-356] [From the U.S. Government Printing 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 his 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. |
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. |
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. |
Sec. 625. Signing of enrolled bills. | Enrolled bills are signed first by the Speaker (IV, 3429). 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). Under the modern practice, the Committee of the Whole may rise informally without motion to enable the Speaker to assume the Chair and to sign an enrolled bill and lay it before the House (Jan. 28, 1980, p. 888; Apr. 30, 1980, p. 9505). |
Sec. 626. Signing of warrants, subpoenas, etc. | Warrants, subpoenas, etc., during recesses of Congress are signed only by authority specially given (III, 1753, 1763, 1806). The issuing of warrants must be specially authorized by the House (I, 287) or pursuant to a standing rule (clause 6 of rule XX; Sec. 1026, infra). Instance wherein the House authorized the Speaker to warrant for the arrest of absentees (VI, 638). The Speaker also signs the articles, replications, etc., in impeachments (III, 2370, 2455; e.g., H. Res. 611, Dec. 19, 1998, p. 28112); and certifies cases of contumacious witnesses for action by the courts (III, 1691, 1769; VI, 385; 2 U.S.C. 194). A subpoena validly issued by a committee authorized by the House under clause 2(m) of rule XI to issue subpoenas need only be signed by the chairman of that committee, whereas when the House issues an order or warrant, the Speaker must issue the summons under his hand and seal, 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. |
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), 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, p. ----). 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 he has taken time for examination of the question (III, 2725; VI, 432; VII, 2106; VIII, 2174, 2396, 3475). |
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). While 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). |
630. Putting of the question by the Speaker. | 6. The Speaker shall rise to put a question but may state it sitting. The Speaker shall put a question in this form: ``Those in favor (of the question), say `Aye.' ''; and after the affirmative voice is expressed, ``Those opposed, say `No.' ''. After a vote by voice under this clause, the Speaker may use such voting procedures as may be invoked under rule XX. |
631. The Speaker's vote. Tie vote. | 7. The Speaker is not required to vote in ordinary legislative proceedings, except when his vote would be decisive or when the House is engaged in voting by ballot. |
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. |
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 his 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 |
635. Drug testing in the House. | 9. The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing in the House. The system may provide for the testing of a Member, Delegate, Resident Commissioner, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The ex |
Sec. 635a. Former Term limit. | Clause 9 formerly was occupied by a prohibition against the Speaker serving for more than four consecutive Congresses, which was added in the 104th Congress (sec. 103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). Before the House recodified its rules in the 106th Congress, the former term-limit rule and current clause 8 occupied a single clause (formerly clause 7) (H. Res. 5, Jan. 6, 1999, p. 47). |
636. Travel authority. | 10. The Speaker may designate a Member, Delegate, Resident Commissioner, officer, or employee of the House to travel on the business of the House within or without the United States, whether the House is meeting, has recessed, or has adjourned. Expenses for such travel may be paid from applicable accounts of the House described in clause 1(j)(1) of rule X on vouchers approved and signed solely by the Speaker. |
637. Select and conference committees. | 11. The Speaker shall appoint all select, joint, and conference committees ordered by the House. At any time after an original appointment, the Speaker may remove Members, Delegates, or the Resident Commissioner from, or appoint additional Members, Delegates, or the Resident Commissioner to, a select or conference committee. In appointing Members, Delegates, or the Resident Commissioner to conference committees, the Speaker shall appoint no less than a majority who generally supported the House position as determined by the Speaker, shall name those who are primarily responsible for the legislation, and shall, to the fullest extent feasible, include the principal proponents of the major provisions of the bill or resolution passed or adopted by the House. |
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. |
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. |