[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]
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. 640-670a
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
Speaker. The Speaker's term of office usually corresponds with 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.
Other offices established in the rules of the House or by statute
are occupied by appointed officials. Rule II contains authority for an
Inspector General (clause 6), Historian (clause 7), and an Office of
General Counsel (clause 8). 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 from the
prior Congress presides when a new Congress convenes. Clause 2 of rule
II; Manual Sec. Sec. 641-645. The Clerk also presides in the absence
of the Member acting as Speaker pro tempore pursuant to clause
8(b)(3)(A) of rule I. 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), attests to subpoenas
issued by order of the House (Manual Sec. 647), 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 is responsible for maintaining an
electronic document depository to meet public availability
requirements under clause 3 of rule XXIX. Manual Sec. 1105a.
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. The Clerk
retains the list of Members designated by the Speaker to act as
Speaker pro tempore in the event of a vacancy in the Office of Speaker
(clause 8(b)(3)(B) of rule I) and the list of Members designated by
the Speaker to act as designee to recall the House from periods of
adjournment.
In one instance, the Clerk carried out the duties of that 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.
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. 5604;
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 various prohibitions on breaches of comportment by
Members in the Chamber, (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. In the 115th Congress, the Sergeant-at-Arms was
authorized to levy fines against Members engaging in still photography
or audio-visual broadcasting in the House Chamber in contravention of
clause 5 of rule XVII and the Speaker's announced policies regarding
use of the Chamber. 115-1, Jan. 3, 2017, p__.
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. If a Member is assessed a fine under clause 3 of
rule II for improper use of an electronic device for still photography
or audio-visual recording in the Chamber, the CAO is authorized to
deduct the amount of such fine from the salary of the offending
Member.
The Chaplain
The Chaplain offers a prayer at commencement of each day's sitting
of the House. Clause 5 of rule II; Manual Sec. 665. 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. The
House has also stood for a moment of silent prayer in the absence of
the Chaplain. Deschler Ch 6 Sec. 21.8.
Sec. 2 . Election and Oath
Election
The Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
Chaplain are elected for each Congress by privileged 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. 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
(customarily disposing of them by voice vote), which may be offered by
the caucus chairs. Deschler Ch 6 Sec. 16. Such a resolution 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; 114-2, July 13, 2016, p__; 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 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 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. Sec. 640, 701. The resignation of an elected officer of the House
(except the Speaker) is subject to acceptance by the House. Manual
Sec. 640; Deschler-Brown-Johnson Ch 37 Sec. 9. The resignation of an
elected officer may be either prospective (111-2, July 15, 2010, pp
13110, 13111) or retroactive (112-1, May 25, 2011, pp 7884, 7885). The
Speaker has removed an officer prospectively where the letter of
resignation lacked a clear effective date. 114-1, Dec. 16, 2015, p__.
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. The General Counsel may be authorized to represent the House
(or a committee of the House) or otherwise take action in judicial
proceedings. 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. 5571(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. 5571(b).
In the 114th Congress, the Bipartisan Legal Advisory Group (BLAG)
was affirmatively established in the rules of the House, its
composition having been previously provided in the rule establishing
the office of General Counsel. Clause 8(b) of rule II. The BLAG
consists of the Speaker, the majority and minority leaders, and the
majority and minority whips. As determined by a majority of its
membership, the BLAG articulates the institutional position of the
House in all litigation matters. Manual Sec. 670a.
Office of the Historian
Under clause 7 of rule II, the Historian is appointed by the
Speaker. Manual Sec. 669.
Sec. 6 . Offices Established by Law
Government Accountability Office
The Government Accountability Office is an independent,
nonpartisan agency that provides Congress with analysis of Federal
government performance to ensure accountability and efficiency in
government operations. 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.
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 (CBO) 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
of the Senate. 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.
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 functions 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. The printing and
distribution of the precedents was also authorized by law. 2 USC
Sec. Sec. 28, 28b-e, 29.
Other Offices
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, the Sergeant-at-Arms, and the Chief Administrative
Officer. Deschler Ch 11 Sec. Sec. 16.2-16.4, 16.7-16.9, 16.11; 114-2,
Sept. 6, 2016, p__. 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. 5503.
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 (without regard to political affiliation) in
complying with legal process under rule VIII. Sec. 5, supra.