[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 35. Officers and Offices]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 35 - OFFICERS AND OFFICES
HOUSE PRACTICE
Sec. 1. House Officers
Sec. 2. Election and Oath
Sec. 3. Removal From Office
Sec. 4. Vacancies
Sec. 5. Other Offices Established by Rule II
Sec. 6. Offices Established by Law
Sec. 7. Service of Process
Research References
U.S. Const. art. I, Sec. 2
1 Hinds Sec. Sec. 235-283
6 Cannon Sec. Sec. 25-34
Deschler Ch 6 Sec. Sec. 15-22
Manual Sec. Sec. 640-670
Sec. 1 . House Officers
In General
The Constitution directs that the House choose its Speaker and
other officers. U.S. Const. art. I, Sec. 2. The ``other officers'' not
specified by title in the Constitution have carried various titles.
Currently, they are the Clerk, Sergeant-at-Arms, Chief Administrative
Officer, and Chaplain. Manual Sec. 640. Of these, only the Speaker
traditionally has been chosen from the sitting membership of the
House. Manual Sec. 26; see Office of the Speaker. The Speaker's term
of office thus expires at the end of his term of office as a Member,
whereas the other House officers continue in office until their
successors are chosen and qualified. Rule II clause 1; 1 Hinds
Sec. 187.
In the 102d Congress the position of the Postmaster, for many
years an elected officer of the House, was eliminated with the
adoption of the House Administrative Reform Resolution. Manual
Sec. 668. The Doorkeeper of the House, formerly an elected officer of
the House, was not reestablished when the rules were adopted for the
104th Congress. The responsibilities of that position were transferred
to the Sergeant-at-Arms. Manual Sec. 664.
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Other offices established in the rules of the House or by statute
are occupied by appointed officers. Rule II contains authority for an
Office of General Counsel (clause 8), Historian (clause 7), and
Inspector General (clause 6). The duties and appointing authority for
the positions of Legislative Counsel, Law Revision Counsel, and
Parliamentarian are carried in law. See Manual Sec. Sec. 1118, 1120,
1122.
The Clerk
The Clerk has specific responsibilities spelled out in House
rules, in statute, or as delegated to him by the House. He presides
when a new Congress convenes. Rule II clause 2; Manual Sec. Sec. 641-
645. He has duties related to the conduct of House business. For
example, he is responsible for processing bills, preparing the
Journal, taking and tallying votes, and receiving messages from the
President and the Senate when the House is not in session. Manual
Sec. Sec. 642, 647, 648, 652. To assist the House in its consideration
of measures, the Clerk reads bills and motions (Manual Sec. Sec. 428,
904), reads names alphabetically during the taking of certain votes
and elections (Manual Sec. 1015), notes all questions of order and
decisions thereon and places them in the Journal (Manual Sec. 647),
reports disorderly words of a Member who has been called to order
(Manual Sec. 960), certifies to the passage of all bills and
resolutions (Manual Sec. 648), makes corrections during engrossment
(Manual Sec. 479), presents enrolled bills to the Speaker for
signature and transmittal to the Senate (Manual Sec. 575), and
presents enrolled bills to the President (Manual Sec. 648).
The Clerk also calls various calendars at the direction of the
Speaker (Manual Sec. 898), receives petitions and private bills
(Manual Sec. 818), disseminates copies of amendments offered in the
Committee of the Whole (Manual Sec. 978), and provides a place where
Members may sign discharge petitions (Manual Sec. 892). The Clerk also
supervises the official reporters of the House, subject to the
direction and control of the Speaker. Manual Sec. 685.
In one instance, the Clerk carried out the duties of his own
office as well as those of the Sergeant-at-Arms, having been elected
to serve concurrently as Sergeant-at-Arms following the death of the
incumbent. Deschler Ch 6 Sec. 16.3.
The Clerk may designate and authorize one or more of his employees
to perform the duties of his Office during his absence, except for
such duties as are imposed on him by statute. Manual Sec. 651. The
designation may provide that such authorization is to remain in effect
until revoked. 91-1, Oct. 29, 1969, p 32076. The designation is laid
before the House by the Speaker. Deschler Ch 6 Sec. 18.18.
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Sergeant-at-Arms
The duties of the Sergeant-at-Arms on the floor are prescribed by
House rules and by statute. Rule II clause 3; 2 USC Sec. 78; Manual
Sec. Sec. 656-660. Under these provisions the Sergeant-at-Arms
maintains order and executes arrest warrants for persons cited for
contempt of the House or of a committee. In addition he enforces the
prohibition against Members walking across or out of the Hall of the
House while the Speaker is addressing the House (Manual Sec. 962),
appoints officers to send for and arrest absent Members when so
ordered by the Speaker or the House under rule XX clause 5 or 6
(Manual Sec. Sec. 1021-1025), and brings absent Members before the
House (Manual Sec. 1026).
Chief Administrative Officer
The Chief Administrative Officer of the House has the operational
and financial responsibility for functions assigned to him by the
Committee on House Administration. He is subject to the oversight of
that committee and reports to it semiannually on the financial and
operational status of each function under his jurisdiction. Rule II
clause 4.
The Chaplain
The Chaplain offers a prayer at commencement of each day's sitting
of the House. Rule II clause 5. The prayer, which does not require a
quorum, is offered daily, whether the House adjourned or recessed at
its previous sitting. Deschler Ch 6 Sec. Sec. 21.1, 21.2.
There are often ``guest chaplains.'' The daily prayer has been
offered by visiting clergy of various denominations and nationalities.
Deschler Ch 6 Sec. 21.9. In the unexpected absence of the Chaplain,
the prayer has been offered by a Member who was an ordained minister.
93-1, May 31, 1973, p 17441.
Sec. 2 . Election and Oath
Election
The Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
Chaplain are elected for each Congress by resolution. Deschler Ch 6
Sec. 16 (with forms). Before the House recodified its rules in the
106th Congress, the House was required under former rule II to elect
its Speaker and other officers by a viva voce vote following
nominations. 1 Hinds Sec. Sec. 204, 208. However, even then, the
officers mentioned in the rule, other than Speaker, were usually
chosen by resolution, which is not a viva voce election. 1 Hinds
Sec. Sec. 193, 194.
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At the commencement of a Congress, each party's caucus selects one
nominee for each such office. The majority submits its slate of
nominees, and the minority usually submits a substitute resolution
containing its slate. The House then votes on these slates, which may
be offered by the caucus chairmen. Deschler Ch 6 Sec. 16. Such a
resolution is offered from the floor as privileged and may be divided
for a separate vote for the Chaplain, customarily an uncontested
office. Manual Sec. 640; Deschler Ch 6 Sec. 16.2.
Oath
Each elected officer of the House takes the oath prescribed by
law, which is administered by the Speaker. 5 USC Sec. 3331 (with
form); Deschler Ch 6 Sec. 17. An officer elected to hold an additional
office concurrently takes a separate oath for the additional office.
Deschler Ch 6 Sec. 17.1. Generally an officer appointed to fill the
vacancy of an elected officer does not appear at the bar to take the
oath but subscribes thereto in writing when he accepts the
appointment. Deschler Ch 6 Sec. 17.2. The oath has been administered
to an officer-elect before the effective date of his election. 92-2,
June 26, 1972, p 22387; generally, see Oaths.
Sec. 3 . Removal From Office
Both the Speaker and the House have the authority to remove the
Clerk, Sergeant-at-Arms, or Chief Administrative Officer. Rule II
clause 1; Manual Sec. 640. An officer of the House may be removed from
office pursuant to the adoption of a simple resolution, which may be
offered as a matter of privilege. 1 Hinds Sec. Sec. 284, 288-290; 6
Cannon Sec. 35. For removal of the Speaker, see Office of the Speaker.
As a basis for removal of an officer, the House has considered
allegations as follows:
That the Clerk altered and falsified a House document. 1 Hinds
Sec. 284.
That the Clerk was negligent in the administration of the
contingent fund or misappropriated House funds. 1 Hinds
Sec. Sec. 283, 287.
That the Doorkeeper was guilty of misconduct or corruption in
office. 1 Hinds Sec. Sec. 288, 289.
Sec. 4 . Vacancies
The Speaker may make temporary appointments to fill vacancies in
the Offices of the Clerk, the Sergeant-at-Arms, the Chief
Administrative Officer, and the Chaplain. 2 USC Sec. 75a-1. Pursuant
to this authority, the Speaker has temporarily filled vacancies caused
by the death or resignation of an officer. See, e.g., Deschler Ch 6
Sec. 6.25. Such appointments are effective until such time as the
House acts by the adoption of a resolution to fill the va
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cancy on a permanent basis. Such a resolution is presented as a
question of privilege if offered by direction of the majority party
caucus. Manual Sec. 701. The resignation of an elected officer of the
House is subject to acceptance by the House. Manual Sec. 640.
Sec. 5 . Other Offices Established by Rule II
Office of Inspector General
Under rule II clause 6, the Inspector General conducts audits of
the financial and administrative functions of the House. The Inspector
General is appointed by the Speaker, the Majority Leader, and the
Minority Leader, acting jointly, and is subject to the policy
direction and oversight of the Committee on House Administration.
Manual Sec. 667.
Office of General Counsel
Under rule II clause 8 the General Counsel provides legal
assistance and representation to the House. The General Counsel is
appointed by the Speaker and functions under his direction. Manual
Sec. 670.
The General Counsel is authorized by law to appear in any
proceeding before a State or Federal court (except the United States
Supreme Court) without compliance with admission requirements of such
court. 2 USC Sec. 130f(a). Furthermore, the law requires the Attorney
General to notify the General Counsel of a determination not to appeal
a court decision affecting the constitutionality of an Act. 2 USC
Sec. 130f(b).
Office of the Historian
Under rule II clause 7 the Historian of the House of
Representatives is appointed by the Speaker. Manual Sec. 669.
Sec. 6 . Offices Established by Law
General Accounting Office
The preparation, utilization, and distribution (to committees and
Members) of reports by the General Accounting Office, and its
authority to assign its employees to duty with congressional
committees, are regulated by sections 231-236 of the Legislative
Reorganization Act of 1970. 31 USC Sec. 1172-1176.
Office of Compliance
The Office of Compliance was established by the Congressional
Accountability Act of 1995. 2 USC Sec. 1381. The office is composed of
five individuals appointed jointly by the Speaker, the Majority Leader
of the Sen
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ate, and the Minority Leaders of the House and the Senate. The office
has regulatory, enforcement, and educational responsibilities under
the Act. Section 1382 provides for a General Counsel to be appointed
by the Chair of the Compliance Board to exercise the authorities of
the Office of Compliance.
Office of Legislative Counsel
The Office of the Legislative Counsel of the House of
Representatives evolved from a single Legislative Drafting Service
established for the Congress by the Act of February 24, 1919. 40 Stat.
1057, 1141. The currently applicable provisions of law setting forth
the purpose and functions of the office and providing for its
administration are contained in title V of the Legislative
Reorganization Act of 1970. 2 USC Sec. Sec. 281, 282. The purpose of
the office is to advise and assist the House, its committees, and its
Members in the achievement of a clear, faithful, and coherent
expression of legislative policies.
Congressional Budget Office
The Congressional Budget Office was established by the
Congressional Budget Act of 1974. 2 USC Sec. 601. The office is headed
by a director appointed by the Speaker and the President pro tempore.
2 USC Sec. 601. The functions of the office include providing
assistance to the House and Senate Committees on the Budget and
Appropriations and the Senate Committee on Finance in the discharge of
matters within their jurisdictions and to other committees to assist
them in complying with the provisions of the Act. 2 USC Sec. 602.
The Office of the Law Revision Counsel
The Office of the Law Revision Counsel was established by the
Committee Reform Amendments of 1974 to develop a codification of the
laws of the United States. 2 USC Sec. 285.
Office of the Parliamentarian
A Parliamentarian has been appointed by the Speaker in every
Congress since 1927. Before 1927 the ``Clerk at the Speaker's Table''
performed the function of the Parliamentarian. In the 95th Congress
the House formally and permanently established an Office of the
Parliamentarian to be managed, supervised, and administered by a
nonpartisan Parliamentarian appointed by the Speaker. 2 USC Sec. 287.
The compilation and preparation of the precedents of the House of
Representatives was authorized in the 93d Congress by the Committee
Reform Amendments of 1974. 2 USC Sec. 28a.
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The printing and distribution of the precedents was also authorized
by law. 2 USC Sec. Sec. 28, 28b-e, 29.
For a list of other House offices, commissions, and joint
entities, see Manual Sec. Sec. 1113-1125b.
Sec. 7 . Service of Process
Rule VIII governs the procedure for House response to a judicial
or administrative subpoena served on a Member, Delegate, Resident
Commissioner, officer, or employee of the House. Manual Sec. 697.
Examples of service of process on officers include those on the
Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11
Sec. Sec. 16.2-16.4, 16.7-16.9, 16.11. Examples of service of process
on employees include those on current and former employees of a
committee, an employee of the House Republican Conference, and a
former employee of a former House select committee who was subpoenaed
to give a deposition about his recollection of certain executive
session transactions. 93-2, Sept. 30, 1974, p 33020; 94-1, Sept. 23,
1975, p 29824; 97-1, Jan. 22, 1981, pp 694, 695. For a discussion of
how an officer must comply with service of process under rule VIII,
see Questions of Privilege.
Legal counsel, through the Department of Justice, is available to
an officer of the House (but not its Members) to defend the officer
against actions brought against him while he was discharging his
official duty or executing an order of the House. 2 USC Sec. 118. For
a discussion of this statutory procedure, as well as House
authorization by resolution for the appointment of legal counsel to
represent an officer, Member, or employee who has been served with
process, see Questions of Privilege. Legal counsel is also available
through the Office of General Counsel under rule II clause 8, which
provides legal assistance and representation to Members, committees,
officers, and employees in complying with legal process under rule
VIII. Sec. 5, supra.