[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]
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. Traditionally only the
Speaker, and not these other officers, 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 such
individual's term of office as a Member, whereas the other House
officers continue in office until their successors are chosen and
qualified. Clause 1 of rule II; 1 Hinds Sec. 187.
In the 102d Congress the position of the Postmaster, for many
years an elected officer of the House, was eliminated. Manual
Sec. 668. The Doorkeeper of the House, formerly an elected officer of
the House, was not reestablished beginning in the 104th Congress. The
responsibilities of that position were transferred to the Sergeant-at-
Arms. Manual Sec. 663.
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Other offices established in the rules of the House or by statute
are occupied by appointed officials. 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 by the House. The Clerk presides
when a new Congress convenes. Clause 2 of rule II; Manual
Sec. Sec. 641-645. The Clerk has duties related to the conduct of
House business. For example, the Clerk 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. 895), 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 employees to
perform the duties of the Office during an absence, except for such
duties as are imposed on the Clerk 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. Clause 3 of rule II; 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 the Sergeant-at-
Arms 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 clause 5 or
6 of rule XX (Manual Sec. Sec. 1021-1025), and brings absent Members
before the House (Manual Sec. 1026). Pursuant to clause 12(c) of rule
I, the Sergeant-at-Arms notifies the Speaker of an imminent impairment
of the place of reconvening in order to allow alternate arrangements
for convening the House. Manual Sec. 639. The Sergeant-at-Arms is also
responsible for the production of a ``catastrophic quorum failure
report'' under clause 5(c) of rule XX. See Quorums.
Chief Administrative Officer
The Chief Administrative Officer (CAO) of the House has the
operational and financial responsibility for functions assigned by the
Committee on House Administration. The CAO is subject to the oversight
of that committee and reports to it semiannually on the financial and
operational status of each function under the jurisdiction of the CAO.
Clause 4 of rule II.
The Chaplain
The Chaplain offers a prayer at commencement of each day's sitting
of the House. Clause 5 of rule II. The prayer, which does not require
a quorum, is offered daily after the House is called to order by the
Speaker or a Speaker pro tempore is appointed. Deschler Ch 6
Sec. Sec. 21.1, 21.2.
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 offi
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cers 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. Officers have been elected
prospectively. 110-1, Feb. 6, 2007, p 3156.
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 amendment
containing its slate. The House then votes on these slates (often
disposing of them by voice vote), which may be offered by the caucus
chairs. 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. The oath has been administered to an officer-
elect before the effective date of such individual's election. 92-2,
June 26, 1972, p 22387; see generally 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. Clause 1 of
rule II; 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
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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 vacancy on a permanent basis. Such a resolution
is presented as a question of privilege. Manual Sec. 701. The
resignation of an elected officer of the House is subject to
acceptance by the House. Manual Sec. 640; Deschler-Brown-Johnson Ch 37
Sec. 9.
Sec. 5 . Other Offices Established by Rule II
Office of Inspector General
Under clause 6 of rule II, 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 clause 8 of rule II the General Counsel provides legal
assistance and representation to the House. The General Counsel is
appointed by the Speaker and functions under the direction of the
Speaker. 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 clause 7 of rule II the Historian of the House of
Representatives is appointed by the Speaker. Manual Sec. 669.
Sec. 6 . Offices Established by Law
Government Accountability Office
The preparation, utilization, and distribution (to committees and
Members) of reports by the Government Accountability 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. 711-720. This office was
formerly known as the General Accounting Office. 31 USC Sec. 702 note.
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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 Senate, 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 the 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 man
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aged, 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. 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. 1113-1125h.
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 such officer while discharging
official duties 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 clause 8 of rule II, which
provides legal assistance and representation to Members, committees,
officers, and employees in complying with legal process under rule
VIII. Sec. 5, supra.