[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
[107th Congress]
[House Document 106-320]
[Rules of the House of Representatives]
[Pages 327-345]
[From the U.S. Government Publishing Office, www.gpo.gov]



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                  RULES OF THE HOUSE OF REPRESENTATIVES

                                  with


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                          NOTES AND ANNOTATIONS


    RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS



                               __________

                                 Rule I


Approval of the Journal
                               the speaker




Sec. 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.


  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, 96th Cong., 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. ----).


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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 (H. 
Res. 7, Jan. 4, 1977, p. 70; H. Res. 949, Jan. 19, 1978, p. 108; H. Res. 
9, Jan. 15, 1979, p. 17; H. Res. 522, Jan. 22, 1980, p. 188; H. Res. 8, 
Jan. 5, 1981, p. 114; H. Res. 313, Jan. 25, 1982, p. 62; H. Res. 8, Jan. 
3, 1983, p. 51; H. Res. 388, Jan. 23, 1984, p. 74; H. Res. 9, Jan. 3, 
1985, p. 414; H. Res. 355, Jan. 21, 1986, p. 2; H. Res. 7, Jan. 6, 1987, 
p. 19; H. Res. 348, Jan. 25, 1988, p. 39; H. Res. 7, Jan. 3, 1989, p. 
82; H. Res. 304, Jan. 23, 1990, p. 3; H. Res. 7, Jan. 3, 1991, p. 63; H. 
Res. 330, Jan. 28, 1992, p. 684; H. Res. 7, Jan. 5, 1993, p. 101; H. 
Res. 327, Jan. 25, 1994, p. 88; H. Res. 8, Jan. 4, 1995, p. 547; H. Res. 
327, Jan. 3, 1996, p. 36; H. Res. 9, Jan. 7, 1997, p. ----; H. Res. 337, 
Jan. 27, 1998, p. ----; H. Res. 14, Jan. 6, 1999, p. ----; H. Res. 403, 
Jan. 27, 2000, p. ----). In the first session of the 107th Congress, the 
House provided that it would meet at 2 p.m. on Mondays, 11 a.m. on 
Tuesdays, and 10 a.m. on the balance of the week through May 13, after 
which it would meet at noon on Mondays, 10 a.m. on Tuesdays, Wednesdays, 
and Thursdays, and 9 a.m. on the balance of the week for the remainder 
of the session (H. Res. 9, Jan. 3, 2001, p. ----). The House retains the 
right to vary from this schedule by use of the motion to adjourn to a 
day or time certain as provided in clause 4 of rule XVI. By special 
order, the House may provide for a session of the House on a Sunday, 
traditionally a ``dies non'' under the precedents of the House (Dec. 17, 
1982, p. 31946; Dec. 18, 1987, p. 36352; Nov. 19, 1989, p. 30029; Aug. 
20, 1994, p. 23367; Nov. 7, 1997, p. ----; Oct. 10, 1998, p. ----). 
Beginning in the second session of the 103d Congress, the House has by 
unanimous consent agreed to convene at an earlier hour on Mondays and 
Tuesdays for morning-hour debate and then recess to the hour established 
for convening under this clause (Feb. 11, 1994, p. 2244; May 23, 1994, 
p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12684; Jan. 4, 1995, 
p. 547; Feb. 16, 1995, p. 5096; May 12, 1995, p. 12765; see Sec. 951, 
infra).
  The hour of meeting is fixed by standing order, and has traditionally 
been set at 12 m. (I, 104-109, 116, 117; IV, 4325); but beginning in the


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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).
  Immediately after the Members are called to order 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). 
Prior to the 96th Congress, clause 1 of rule I directed the Speaker to 
announce his 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 prior to 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 his approval of the 
Journal (H. Res. 5, Jan. 15, 1979,

  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).

  Prior to the 92d Congress, the reading of the Journal was mandatory, 
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). 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 his approval and before agreement by the House 
(Apr. 23, 1975, p. 11482).

  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 
reading, including consideration 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-in 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; 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).


Preservation of order
<>   2. The Speaker shall preserve order and decorum and, in case 
of disturbance or disorderly conduct in

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the galleries or in the lobby, may cause the same to be cleared.

  Under the prior rule, 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). 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).

  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. ----).

  The Speaker may name a Member who is disorderly, but may not, of his 
own authority, censure or punish him (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); and the Speaker, as an exercise of his 
authority under this clause, has on his own initiative declared the 
House in recess in an emergency (83d Cong., p. 2324). A former Member 
must observe the rules of decorum while on the floor, and the Speaker 
may request the Sergeant-at-Arms to assist him in maintaining such 
decorum (Sept. 17, 1997, p. ----).

  The authority to have the galleries cleared has been exercised but 
rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion, 
acting on the basis of police reports and other evidence, the Speaker 
ordered the galleries cleared before the House convened (May 10, 1972, 
p. 16576) and then informed the House of his decision. In an early 
instance the Speaker ordered the arrest of a person in the gallery; but 
this exercise of power was questioned (II, 1605).


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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).
  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 which is not being 
utilized during debate (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402). 
The Speaker's responsibility to preserve decorum requires that he 
disallow the use of exhibits in debate which would be demeaning to the 
House, or to any Member of the House, or which would be disruptive of 
the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16, 1990, p. 29647; 
Oct. 1, 1991, p. 24828; Nov. 16, 1995, p. 33395; Jan. 3, 1996, p. 42). 
The Speaker has disallowed the use of a person on the floor as a guest 
of the House as an ``exhibit'' (Dec. 19, 1995, p. 37575; Jan. 22, 1996, 
p. 682; Oct. 7, 1999, p. ----). The Speaker may inquire as to a Member's 
intentions, as to the use of exhibits, before conferring recognition to 
address the House (Mar. 21, 1984, p. 6187). In the 101st Congress both 
the Speaker and the Chairman 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. ----). 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, p. ----; see also clause 4 of rule

  At the request of the Committee on Standards of Official Conduct, 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).

  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 
privileges of the House to relax such standards. The Speaker also 
requested a Member in violation of those standards to remove himself 
from the Chamber and appear in appropriate attire, and refused to 
recognize such Member until he did so (Speaker O'Neill, July 17, 1979, 
p. 19008). The House later agreed to a resolution (presented as a 
question of the privileges of the House) requiring Members to wear 
proper attire as determined by the Speaker (July 17, 1979, p. 19072).



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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 to address the House under 
the ``one-minute rule'' (Aug. 27, 1980, p. 23456), and may deny further 
recognition to a Member proceeding out of order beyond the one minute 
for which recognized (Mar. 16, 1988, p. 4081). It is a breach of decorum 
for a Member to continue to speak beyond the time for which the Member 
has been recognized or yielded to (Mar. 22, 1996, p. 6086). Even prior 
to adoption of the rules, the Speaker may maintain decorum by directing 
a Member engaging in such breach of decorum to be removed from the well 
and by directing the Sergeant-at-Arms to present the mace as the 
traditional symbol of order (Jan. 3, 1991, p. 58). A Member's 
comportment may constitute a breach of decorum even though the content 
of that Member's speech is not, itself, unparliamentary (July 29, 1994, 
p. 18609). Under this standard the Chair may deny further recognition to 
a Member engaged in unparliamentary debate who ignores repeated 
admonitions by the Chair to proceed in order (unless the Member is 
permitted to proceed by order of the House) (Sept. 18, 1996, p. 23535).




Sec. 623. Speaker's control of the Hall, corridors, and 
rooms.

  3.  Except as otherwise provided by rule or law, the Speaker shall 
have general control of the Hall of the House, the corridors and 
passages in the part of the Capitol assigned to the use of the House, 
and the disposal of unappropriated rooms in that part of the Capitol.


  This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354), 
and 1911 (VI, 261). Clerical and stylistic changes were effected when 
the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 
1999, p. ----).


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 (Mar. 2, 1989, p. 3220). The Speaker has announced 
that a joint Republican Conference and Democratic Caucus meeting would 
be held in the Chamber following the adjournment of the House on that 
day (July 27, 1998, p. ----).




Sec. 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.



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  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. ----).



Sec. 625. Signing of enrolled bills.

  Enrolled  bills are 
signed first by the Speaker (IV, 3429). He has declined to sign in the 
absence of a quorum (IV, 3458), or pending a motion to reconsider (V, 
5705); and the report of a committee as to the accuracy of the 
enrollment is first submitted, unless, as in rare instances only, the 
House by consent waives the requirement (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).



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). 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; Dec. 19, 1998, p. ----); 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).





Sec. 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. ----).


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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. 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). 
Questions arising


  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 Precedents, vol. 13, ch. 29, sec. 67.3; Jan. 24, 
1996, p. 1248; Sept. 12, 1996, p. 22901; Oct. 10, 1998, p. ----). Debate 
is confined to the question of order and may not extend to the merits of 
the proposition against which it lies or to parliamentarily similar 
propositions permitted to remain in the pending bill by waivers of 
points of order (July 18, 1995, p. 19335; June 22, 2000, p. ----). 
Members must address the Chair and cannot engage in colloquies on the 
point of order (Sept. 18, 1986, p. 24083), nor can they offer pro forma 
amendments to debate the point of order (July 21, 1998, p. ----). 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, p. 
----; July 24, 1998, p. ----). However, the Committee of the Whole by 
unanimous consent has allowed a Member to revise and extend his remarks 
to follow the ruling on a point of order (July 13, 2000, 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. ----). Where 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).

  The Chair is constrained to give precedent its proper influence (II, 
1317; VI, 248). While the Chair will normally not disregard a decision 
of the Chair previously made on the same facts (IV, 4045), such 
precedents may be examined and reversed where shown to be erroneous (IV, 
4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178). 
The authoritative source for proper interpretations of the rules are 
statements made directly from the Chair and not comments made by the 
Speaker in other contexts (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).


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whether Members have abused leave to print (V, 6998-7000; VIII, 3475), 
on the constitutional powers of the House (II, 1255, 1318-1320, 1490; 
IV, 3507; VI, 250, 251; VIII, 2225, 3031, 3071, 3427; July 21, 1947, pp. 
9522, 9551; May 13, 1948, p. 5817; Oct. 10, 1998, p. ----), or on the 
propriety or expediency of a proposed course of action (II, 1275, 1325, 
1326, 1337; IV, 3091-3093, 3127). He is not required to decide a 
question not directly presented by the proceedings (II, 1314), and it is 
not his duty 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. ----) 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 where 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. ----); (3) the admissibility under 
clause 2 of rule XXI of an amendment already pending (July 29, 1998, p. 
----), against which all points of order had been waived (July 27, 1995, 
p. 20800); and (4) the admissibility of an amendment at a future date, 
pending a ruling of the Chair on its immediate admissibility (June 25, 
1997, p. ----). The Chair does not take cognizance of complaints 
relating to pairs (VIII, 3087). He passes on the validity of conference 
reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the 
sufficiency of the accompanying statements as distinguished from the 
form (V, 6511-6513), or on the question of whether a conference report 
violates instructions of the House (V, 6395; VIII, 3246). As to reports 
of committees, he 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 he 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 (former 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. ----
). 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 where the Chair is not 
aware of the executive-session status of the information (Nov. 5, 1997, 
p. ----). A request that the voting display be turned on during debate 
is not in order (Oct. 12, 1998, p. ----). 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

[[Page 336]]

the Member cannot attend both to House and constituent duties at the 
same time (Nov. 10, 1999, p. ----).
  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. ----), on the consistency 
of proposed action with other acts of the House (II, 1327-1336; VII, 
2112, 2136; VIII, 3237, 3458),

  Prior to the 104th Congress, 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). However, 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 (Jan. 20, 1995, p. 
1866).

  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. ----; Mar. 8, 
2001, p. ----). 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); or to determine 
whether a bill, for which the pending resolution provides a special 
order waiving any requirement for a three-fifths vote on passage, 
actually ``carries'' a Federal income tax rate increase under clause 5 
of rule XXI (Oct. 26, 1995, p. 29477). 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. ----).


[[Page 337]]

1989, p. 14633). The Chair may take a parliamentary inquiry under 
advisement, especially where 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. ----). The 
Speaker may entertain a parliamentary inquiry during a record vote if it 
relates to the vote (Oct. 9, 1997, p. ----; Oct. 6, 1999, p. ----).
  Recognition for parliamentary inquiry lies in the discretion of the 
Chair (VI, 541; Apr. 7, 1992, p. 8273). The Speaker may recognize and 
respond to a parliamentary inquiry although the previous question may 
have been demanded (Mar. 27, 1926, p. 6469). While the Chair may in his 
discretion recognize Members for parliamentary inquiries when no other 
Member is occupying the floor for debate, when another Member has the 
floor he must yield for a parliamentary inquiry (Oct. 1, 1986, p. 27465; 
July 13,

  A proper parliamentary inquiry relates to an interpretation of a House 
rule, not of a statute or of the Constitution (Oct. 10, 1998, p. ----). 
The Chair will not respond to a parliamentary inquiry to: (1) judge the 
propriety of words spoken in debate pending a demand that those words be 
``taken down'' as unparliamentary (June 8, 1995, p. 15267); (2) judge 
the veracity of remarks in debate (June 5, 1996, p. 13195); (3) judge 
the propriety of words uttered earlier in debate (June 15, 2000, p. ----
); (4) reexamine and explain the validity of a prior ruling (Oct. 26, 
1995, p. 29477); (5) anticipate the precedential effect of a ruling 
(Oct. 10, 1998, p. ----); (6) judge the accuracy of the content of an 
exhibit (Nov. 10, 1995, p. 32142); (7) indicate which side of the aisle 
has failed under the Speaker's guidelines to clear a unanimous-consent 
request (Feb. 1, 1996, p. 2260); (8) respond to political commentary 
(June 25, 1998, p. ----); (9) 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. 
----); or (10) anticipate whether bill language would trigger certain 
executive actions or to interpret a pending proposition (Sept. 20, 1989, 
p. 20969; May 13, 1998, p. ----). The Chair may clarify a prior response 
to a parliamentary inquiry (July 31, 1996, p. 20700).

  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. ----), and rarely 
raises and submits a question on his own initiative (II, 1277, 1315, 
1316; VIII, 3405). Even as to questions of privilege he usually, in 
later practice, makes a preliminary decision instead of submitting the 
question directly to the House (III, 2648, 2649, 2650, 2654, 2678; 
Speaker Wright, Mar. 11, 1987, p. 5404).



Sec. 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).



[[Page 338]]

(IV, 3036; V, 6877); (5) Chair's count of the number rising to demand 
tellers (VIII, 3105), to demand a recorded vote (June 24, 1976, p. 
20390; June 14, 2000, p. ----) or the yeas and nays (Sept. 12, 1978, p. 
28950), or to object 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) Chair's count of a 
quorum (July 24, 1974, p. 25012); (7) Chair's call of a voice vote (Aug. 
10, 1994, p. 20766); (8) Chair's refusal to recapitulate a vote (VIII, 
3128); (9) Chair's refusal under clause 7 of rule XX (former 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); or (10) 
determination that a Member's time in debate has expired (Mar. 22, 1996, 
p. 6086). An appeal 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); or (4) when 
dilatory (V, 5715-5722; VIII, 2822).
  An appeal may not be entertained from the following: (1) response to a 
parliamentary inquiry (V, 6955; VIII, 3457); (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. ----); (3) decision on 
dilatoriness of motions (V, 5731); (4) question on which an appeal has 
just been decided

  The appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455); 
unless the motion is made to lay on the table (V, 5301; Mar. 16, 1988, 
p. 4086), or the previous question is 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. In practice in the 
House, a Member in favor of the ruling usually moves to lay the appeal 
on the table, thus shutting off debate (e.g., Oct. 8, 1968, p. 30215; 
Apr. 6, 1995, p. 10614). 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). Debate 
on an appeal in the Committee of the Whole is under the five-minute rule 
(VII, 1608; VIII, 2347, 2556a, 3454, 3455), and may be closed by motion 
to close debate or to rise and report (V, 6947, 6950; VIII, 3453).


Form of a question
  A motion to postpone an appeal has been held in order (VIII, 2613). An 
appeal of a ruling of the Chair may be withdrawn in the Committee of the 
Whole as a matter of right (June 8, 2000, p. ----). The Speaker may vote 
to sustain his own decision (IV, 4569; V, 5686, 6956, 6957).


[[Page 339]]

such voting procedures as may be invoked under rule XX.



Sec. 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


  This clause was adopted in 1789 (II, 1311). Before the House 
recodified its rules in the 106th Congress, this clause (former 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. ----).


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 prior to 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).




Sec. 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.


  This clause was adopted in 1789, and amended in 1850 (V, 5964) and 
1911. Before the House recodified its rules in the 106th Congress, 
clause 7 (former clause 6) consisted of this clause and current clause 
1(c) of rule XX (H. Res. 5, Jan. 6, 1999, p. ----).


[[Page 340]]

  Although the amendment of 1850 granted the Speaker the same right to 
vote as other Members (V, 5966, 5967), he has historically rarely 
exercised it (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 his 
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 him 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, as he 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, he 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 his vote would be decisive (V, 5969, 6061-6063; VIII, 3075). The 
Speaker also exercises the right to withdraw his vote in case a 
correction shows it to have been unnecessary (V, 5971).


Speaker pro tempore
  Before the vote by tellers was repealed (Sec. Sec. 1012-1013, infra), 
the Chairman 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).



Sec. 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 his 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.

  This clause was adopted in 1811, and amended in 1876 (II, 1377) and in 
1920 (VI, 263). Before the House recodified its rules in the 106th 
Congress, clause 8 (former clause 7) and clause 9 occupied a single 
clause (H. Res. 5, Jan. 6, 1999, p. ----).


[[Page 341]]

elect (Mar. 17, 1998, p. ----), etc., functions not exercised by a 
Speaker pro tempore by designation (II, 1399, 1400, 1404; VI, 274, 277; 
Sept. 21, 1961, p. 20572; June 21, 1984, p. 17708), but the clause was 
amended in the 99th Congress (H. Res. 7, Jan. 3, 1985, p. 393) to 
authorize the Speaker, with House approval, to designate a Speaker pro 
tempore to sign enrolled bills. The House agreed by unanimous consent to 
the Speaker's appointment under this clause of two Members in the 
alternative to act as Speakers pro tempore to sign enrollments through a 
date certain (Aug. 6, 1998, p. ----; Nov. 18, 1999, p. ----).


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 Rayburn. The resolution provided that the Clerk notify the 
President and the Senate. The chairman of the Democratic Caucus then 
administered the oath. Elected Speakers pro tempore have signed enrolled 
bills, appointed select committees, administered the oath of office to a 
Member-



Term limit
  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 debates, he designates a Speaker pro tempore in writing 
(II, 1378, 1401); but he does not always announce the Member whom he 
calls to the chair temporarily during the day's sitting (II, 1379, 
1400). The presence of the Speaker either at the opening of morning-hour 
debates or at the opening of the regular session on a day satisfies the 
requirement that the Speaker be present to convene the House at least 
every fourth day. A Speaker pro tempore elected under clause 8 of rule I 
may in turn designate another Member to act as Speaker pro tempore on a 
day certain (II, 1384; VI, 275; Feb. 23, 1996, p. 2807). Members of the 
minority have been called to the chair on occasions of ceremony (II, 
1383; VI, 270; Jan. 31, 1951, p. 779; Jan. 6, 1999, p. ----), but in 
rare instances on other occasions (II, 1382, 1390; III, 2596; VI, 264).




Sec. 635. Term limit.

  9.  A person may not serve as Speaker for 
more than four consecutive Congresses (disregarding for this purpose any 
service for less than a full session in any Congress).



Designation of travel
  This clause was added in the 104th Congress (sec. 103(a), H. Res. 6, 
Jan. 4, 1995, p. 462). Before the House recodified its rules in the 
106th Congress, this clause and clause 8 occupied a single clause 
(former clause 7) (H. Res. 5, Jan. 6, 1999, p. ----).


[[Page 342]]

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(i)(1) of rule X on vouchers 
approved and signed solely by the Speaker.



Sec. 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



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. ----). A clerical correction was effected at the beginning of the 
106th Congress with respect to the description of ``applicable 
accounts'' (H. Res. 5, Jan. 6, 1999, p. ----). 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. ----). 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 chairman of the committee 
for members and employees thereof.


[[Page 343]]

of the bill or resolution passed or adopted by the House.



Sec. 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 
his 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. ----).

  Prior to 1880 the House might take from the Speaker the appointment of 
a select committee (IV, 4448, 4470; VIII, 2192) and on several occasions 
did so in fact (IV, 4471-4476). In the earlier usage of the House the 
Member moving a select committee was appointed its chairman (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).

  It is within the discretion of the Chair as to whom he appoints as 
conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and his 
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 344]]

ing 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). 
Pursuant to this clause the Speaker may by the terms of his appointment 
empower a group of exclusive conferees to report in total disagreement 
(June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). Pursuant to this 
clause the Speaker may remove a conferee (Mar. 10, 1998, p. ----; Oct. 
5, 1998, p. ----). In the 102d Congress the Speaker reiterated his 
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 fill a vacancy on a conference committee by appointment but 
may not accept a resignation from a conference committee (as contrasted 
with his authority to remove) absent an order of the House (Nov. 4, 
1987, p. 30808). On June 21, 1977, Speaker O'Neill first exercised his 
discretionary authority to appoint a principal proponent of an adopted 
floor amendment as an additional limited conferee on that issue (p. 
20132).
  The Speaker may appoint conferees from committees (1) which have not 
reported a measure, (2) which 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), 
or (3) which 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). The Speaker has appointed as sole conferees on a nongermane 
portion of a Senate bill or amendment only members from the committee 
hav


Declaration of recess
  For a further discussion of the Speaker's authority to appoint 
conferees, see Sec. 536, supra.




Sec. 638. Authority to declare recesses.

  12.  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.



Other responsibilities
  This clause was added in the 103d Congress (H. Res. 5, Jan. 5, 1993, 
p. 49). Having postponed proceedings on a pending question, the Speaker 
may declare a recess for a short time under clause 12 of rule I (there 
being no question then pending before the House) (Apr. 30, 1998, p. ----
).


[[Page 345]]

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.



Sec. 639. Drug testing in the House.

  13.  The Speaker, in 
consultation with the Minority Leader, shall develop through an 
appropriate entity of the House a system for drug testing in the




  This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, 
p. ----). 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. ----).