    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 341-358]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Elections
                   Rule II.--OTHER OFFICERS AND OFFICIALS

    640. Election, oath, and removal of officers.

      1.  There
    shall be elected at the commencement of each Congress, to continue in
    office until their successors are chosen and qualified, a Clerk, a
    Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each
    of these officers shall take an oath to support the Constitution of the
    United States, and for the true and faithful exercise of the duties of
    his office to the best of his knowledge and ability, and to keep the
    secrets of the House. Each of these officers shall appoint all of the
    employees of his department provided for by law. The Clerk, Sergeant-at-
    Arms, and Chief Administrative Officer may be removed by the House or by
    the Speaker.

    [[Page 342]]

    trative Officer (an elected officer) from the former Director of Non-
    legislative and Financial Services (an officer appointed jointly by the
    Speaker and the Majority and Minority Leaders under clause 1 of rule VI
    of the 103d Congress), see Sec. 665, infra.
      When the House recodified its rules, it consolidated former rules II
    through VII, former clauses 10 and 11 of rule I, former clause 6 of rule
    XIII, and former clause 5 of rule XVI under rule II (H. Res. 5, Jan. 6,
    1999, p. ----). A rudimentary form of this clause was adopted in 1789,
    and was amended several times prior to 1880, when it assumed the form it
    retained for more than a century (I, 187). During the 102d Congress,
    section 2 of the House Administrative Reform Resolution of 1992 amended
    the clause to abolish the Office of the Postmaster (see Sec. 668, infra)
    and to empower the Speaker to remove elected officers (H. Res. 423, Apr.
    9, 1992, p. 9039). The 104th Congress made conforming changes to the
    clause to reflect the abolishment of the Office of the Doorkeeper and
    the establishment of an elected Chief Administrative Officer (sec.
    201(a), H. Res. 6, Jan. 4, 1995, p. 463). Clerical and stylistic changes
    were effected when the House recodified its rules in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. ----). For a discussion of the former
    Office of the Doorkeeper, see Sec. 664, infra; and for a discussion of
    the evolution of the Chief Adminis

      The House having discarded a theory that the rules might be imposed by
    one House on its successor (V, 6743-6745), it follows that this clause
    is not operative at the organization. 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 viva voce vote (I, 204, 208);
    but the officers mentioned in the rule were, even then, usually chosen
    by resolution, which is not a viva voce election (I, 193, 194). A
    majority vote is required for the election of officers of both Houses of
    Congress (VI, 23). The act of 1789 provides that the oath of office
    shall be administered to the Speaker by any Member and by the Speaker to
    the Clerk (I, 130). The Speaker also at the same time administers the
    oath to the other elective officers (I, 81). The Member of longest
    continuous service has traditionally administered the oath to the
    Speaker (I, 131). However, on some occasions the Speaker has selected
    the Member to administer the oath (VI, 6, 7). The requirement that the
    officers be sworn to keep the secrets of the House had become obsolete
    (I, 187), but the 104th Congress adopted a requirement that Members,
    officers, and employees subscribe an oath of secrecy regarding
    classified information (clause 13 of rule XXIV). In the 102d Congress
    clause 4(d)(1)(B) of rule X was amended to require the Committee on
    House Administration to provide policy direction for, and oversight of,
    the Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Inspector
    General (H. Res. 423, Apr. 9, 1992, p. 9040).

      The House has declined to interfere with the Clerk's power of removing
    his subordinates (I, 249). Employees under the Clerk and other officers
    are to be assigned only to the duties for which they are appointed (V,
    7232). The Sergeant-at-Arms having died, the Clerk was elected by the
    House to serve temporarily also as Sergeant-at-Arms without additional
    compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act
    of 1946 (2 U.S.C. 75a-1) authorizes the Speaker to fill temporary
    vacancies in the offices of Clerk, Sergeant-at-Arms, Chief
    Administrative Officer, and Chaplain. A former version of the Act also
    permitted temporary appointments to the former offices of Doorkeeper and
    Postmaster. The Speaker has exercised his authority to fill temporary
    vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
    30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519),
    Clerk (Nov. 15, 1975, p. 36901; Jan. 1, 1999, p. ----), Chaplain (Mar.
    14, 1966, p. 5712), Doorkeeper (Dec. 20, 1974, p. 41855), and Chief
    Administrative Officer (Jan. 9, 1997, p. ----). A resolution electing a
    House officer is presented as a question of privilege (July 31, 1997, p.
    ----).

    [[Page 343]]

    Clerk
                                                           Rule II, clause 2
    Rule II, clause 2

    641. Clerk; commencement of first session.

      2.  (a) At the
    commencement of the first session of each Congress, the Clerk shall call
    the Members, Delegates, and Resident Commissioner to order and proceed
    to record their presence by States in alphabetical order, either by call
    of the roll or by use of the electronic voting system. Pending the
    election of a Speaker or Speaker pro tempore, the Clerk shall preserve
    order and decorum and decide all questions of order, subject to appeal
    by a Member, Delegate, or Resident Commissioner.

      In 1880 several rules, adopted at different periods from 1794 to 1846,
    were consolidated into this clause, which, before the House recodified
    its rules in the 106th Congress, was found in rule III (H. Res. 5, Jan.
    6, 1999, p. ----). Paragraph (a) was initially framed in 1880, on a
    basis furnished by a rule of 1860 (I, 64), and amended in 1911.

    Sec. 642. Other duties of the Clerk.

      Various  other
    administrative duties, similar to those specified in this clause, are
    imposed on the Clerk by law (I, 253; Legislative Reorganization Act of
    1946, 60 Stat. 812); and the law also makes it his duty to furnish
    stationery, blank books, etc., to the committees and officers of the
    House (V, 7322); to exercise discretionary authority as to reprinting of
    bills and documents (V, 7319); to receive the testimony taken in
    election contests (I, 703, 705; see also Federal Contested Election Act,
    P.L. 91-138, 83 Stat. 284), and to serve as an ex officio member of the
    Federal Election Commission established pursuant to Public Law 94-283; 2
    U.S.C. 437c. Instance of Clerk serving temporarily also as Sergeant-at-
    Arms (July 8, 1953, p. 8242).

      The Clerk is required to make certain reports on receipts and
    expenditures (2 U.S.C. 102, 103, 113), which are available to the
    public. But members of the public have no statutory or constitutional
    right to examine the actual financial records which are used in
    preparing such reports (Trimble v. Johnston, 173 F. Supp. 651, D.C. Cir.
    1959).

    [[Page 344]]

    electronic device to establish a quorum (Jan. 5, 1981, pp. 93-96). For a
    discussion of procedure in the House before the adoption of rules,
    including the procedure by which the Clerk conducts the election of the
    Speaker, see Sec. Sec. 27 and 60, supra. The Clerk, in presiding before
    the election of the Speaker, recognizes Members (I, 74). The Members-
    elect have, before the election of the Speaker or adoption of rules,
    authorized the Clerk and Sergeant-at-Arms of the last House to preserve
    order (I, 101); but usually such action has not been taken, although an
    occasion might arise to make it necessary (I, 76, 77).

    Sec. 643. Clerk's duties at organization.

      As  rules are not
    usually adopted until after the election of the Speaker, this paragraph
    is not in force at the time of organization of a new House. The
    procedure at organization does, however, follow a practice conforming to
    the terms of the paragraph (I, 81), although the House may depart from
    it. Since the 97th Congress, for example, the House has permitted by
    unanimous consent the alphabetical roll call of Members by States to be
    conducted by

      While the Speaker ceases to be an officer of the House with the
    expiration of a Congress, the Clerk, by old usage, continues in a new
    Congress (I, 187, 188, 235, 244).-

    Sec. 644. The roll of Memberselect.

      The  roll of Members is
    made up by the Clerk from the credentials, in accordance with a
    provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of
    election in due form having been filed, the Clerk placed the name of the
    Member-elect on the roll, although he was subsequently advised that a
    State Supreme Court had issued a writ restraining the Secretary of State
    from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll
    may not be interrupted, especially by one not on that roll (I, 84), and
    a person not on the roll may not be recognized (I, 86). A motion to
    proceed to the election of the Speaker is of higher privilege than a
    motion to correct the roll (I, 19-24). The House has declined to permit
    enrollment by the Clerk to be final as to prima facie right (I, 376,
    589, 592).

    Sec. 645. Clerk as presiding officer at
    organizations.

      In  early years the authority of the Clerk to decide
    questions of order pending the election of a Speaker was questioned (I,
    65). The Clerks often declined to make decisions (I, 68-72; V, 5325).
    However, in 1855 and 1997 the Clerk decided a question of order; and in
    1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, p. ----).
    During the existence of a rule that applied the rules of a prior House
    to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the
    Clerks made several rulings (I, 76, 77; VI, 623). In a case of vacancy
    arising after the adoption of rules, this rule would be operative and
    conclude questions as to the Clerk's authority. The Clerk having died,
    and in the absence of the Sergeant-at-Arms, the Doorkeeper of the 79th
    Congress presided at organization of the 80th Congress (Jan. 3, 1947, p.
    33). The Clerk, having been appointed pursuant to 2 U.S.C. 75a-1 by the
    previous Speaker at the end of the 105th Congress to fill a vacancy
    caused by resignation of the Clerk elected for that Congress, presided
    at the organization of the 106th Congress (Jan. 6, 1999, p. ----).

    [[Page 345]]

    delivered to each Member, Delegate, and the Resident Commissioner a list
    of the reports that any officer or Department is required to make to
    Congress, citing the law or resolution in which the requirement may be
    contained and placing under the name of each officer the list of reports
    he is required to make.

    Sec. 646. Clerk furnishes a list of reports.

      (b)  At the
    commencement of every regular session of Congress, the Clerk shall make
    and cause to be printed and

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule II (H. Res. 5, Jan. 6,
    1999, p. ----). The paragraph was initially adopted in 1822 (I, 252).

      (c) The Clerk shall--

    Sec. 647. Clerk's duty as to Journal and
    documents.

          (1) note  all questions of order, with the decisions thereon, the
    record of which shall be appended to the Journal of each session;

          (2) enter on the Journal the hour at which the House adjourns;

          (3) complete the printing and distribution of the Journal to
    Members, Delegates, and the Resident Commissioner, together with an
    accurate and complete index, as soon as possible after the close of a
    session; and

          (4) send a printed copy of the Journal to the executive of and to
    each branch of the legislature of every State as may be requested by
    such State officials.

    [[Page 346]]

    lution (see Sec. 665, infra). Clerical corrections were effected at the
    beginning of the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995,
    p. 469) and the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
    During the 104th Congress the requirement to send a printed copy of the
    Journal to each branch of every State legislature was changed to an
    authorization to send such copies on request (H. Res. 254, Nov. 30,
    1995, p. ----).

      Before the House recodified its rules in the 106th Congress, this
    paragraph (except subparagraph (2)) was found in former clause 3 of rule
    III; and subparagraph (2) was found in former clause 5 of rule XVI (H.
    Res. 5, Jan. 6, 1999, p. ----). Subparagraph (2) was adopted initially
    in 1837 and amended in 1880 (V, 6740). Former provisions directing the
    Clerk to make all contracts, keep contingent and stationery accounts,
    and pay officers and employees were stricken by section 3 of the House
    Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr.
    9, 1992, p. 9050), to relieve the Clerk of functions to be transferred
    to the Director of Non-legislative and Financial Services pursuant to
    section 7 of that reso

    Sec. 648. Attests and seals process and certifies passage
    of bills.

      (d)  The Clerk shall attest and affix the seal of the House to
    all writs, warrants, and subpoenas issued by order of the House and
    certify the passage of all bills and joint resolutions.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 3 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). 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; but when the power is granted to a committee to send for
    persons and papers under clause 2(m) of rule XI, a summons signed by the
    chairman of the committee is sufficient (III, 1668).

    Sec. 649. Calendars printed.

      (e)  The Clerk shall cause the
    calendars of the House to be printed and distributed each legislative
    day.

      Before the House recodified its rules in the 106th Congress, paragraph
    (e) was found in former clause 6 of rule XIII (H. Res. 5, Jan. 6, 1999,
    p. ----). This paragraph was adopted initially in the 62d Congress,
    April 5, 1911 (VI, 743), and amended December 8, 1931 (pp. 10, 83).

      (f) The Clerk shall--

    Sec. 650. Documents.

          (1) retain  in the library at the
    Office of the Clerk for the use of the Members, Delegates, Resident
    Commissioner, and officers of the House, and not to be withdrawn
    therefrom, two copies of all the books and printed documents deposited
    there; and

    [[Page 347]]

    requested by that Member, Delegate, or Resident Commissioner that has
    been printed by order of either House of Congress in any Congress in
    which the Member, Delegate, or Resident Commissioner served.

          (2) deliver or mail to any Member, Delegate, or the Resident
    Commissioner an extra copy, in binding of good quality, of each document

      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (f) were found in former clause 3 of rule III (H.
    Res. 5, Jan. 6, 1999, p. ----). They were amended in the 92d Congress to
    include Delegates and the Resident Commissioner among those entitled to
    the listed services (H. Res. 5, Jan. 22, 1971, pp. 140-44; H. Res. 1153,
    Oct. 13, 1972, pp. 36013-15).

    Sec. 651. Official to act as Clerk upon designation.

      (g)  The
    Clerk shall provide for his temporary absence or disability by
    designating an official in the Office of the Clerk to sign all papers
    that may require the official signature of the Clerk and to do all other
    official acts that the Clerk may be required to do under the rules and
    practices of the House, except such official acts as are provided for by
    statute. Official acts done by the designated official shall be under
    the name of the Clerk. The designation shall be in writing and shall be
    laid before the House and entered on the Journal.

    [[Page 348]]

    p. ----). It was adopted initially on January 18, 1912 (VI, 25) and was
    amended January 3, 1953 (p. 16). Form of designation of a Clerk pro
    tempore (VI, 26).

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 4 of rule III (H. Res. 5, Jan. 6,
    1999,

    Sec. 652. Authority to receive messages.

      (h)  The Clerk may
    receive messages from the President and from the Senate at any time when
    the House is not in session.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 5 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 97th Congress (H. Res.
    5, Jan. 5, 1981, pp. 98-113). In the case of Kennedy v. Sampson, 511
    F.2d 430 (D.C. Cir. 1974) (see Sec. 113, supra, accompanying Const.,
    art. I, sec. 7, cl. 2) a United States Court of Appeals held that a bill
    could not be pocket-vetoed by the President during an ``intrasession''
    adjournment of Congress to a day certain for more than three days, where
    the House of origin has made appropriate arrangements for the receipt of
    Presidential messages during the adjournment. Under this clause the
    Clerk may receive messages during recesses as well as during
    adjournments (Dec. 22, 1987, p. 37966).

    Sec. 653. Administration of vacant Member's
    office.

      (i)(1)  The Clerk shall supervise the staff and manage the office of a
    Member, Delegate, or Resident Commissioner who has died, resigned, or
    been expelled until a successor is elected. The Clerk shall perform
    similar duties in the event that a vacancy is declared by the House in
    any congressional district because of the incapacity of the person
    representing such district or other reason. Whenever the Clerk is acting
    as a supervisory authority over such staff, he shall have authority to
    terminate employees and, with the approval of the Committee on House
    Administration, may appoint such staff as is required to operate the
    office until a successor is elected.

      (2) For 60 days following the death of a former Speaker, the Clerk
    shall maintain on the House payroll, and shall supervise in the same
    manner, staff appointed under House Resolution 1238, Ninety-first
    Congress (as enacted into permanent law by chapter VIII of the
    Supplemental Appropriations Act, 1971) (2 U.S.C. 31b-5).

    [[Page 349]]

    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999,
    p. ----).

    -  (j) In <> addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Clerk shall report to the Committee on House
    Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or on December 31 on the financial
    and operational status of each function under the jurisdiction of the
    Clerk. Each report shall include financial statements and a description
    or explanation of current operations, the implementation of new policies
    and procedures, and future plans for each function.
      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 6 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 98th Congress (H. Res.
    5, Jan. 3, 1983, p. 34). It was amended in the 104th and 106th
    Congresses to reflect changes in the name of the Committee on House
    Administration

    Sec. 655. Cooperation with others.

      (k)  The Clerk shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits of financial records and administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (j) and (k) were found in former clauses 7 and 8 of rule III
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress (sec. 201(b), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. ----).

                                                           Rule II, clause 3
    Rule II, clause 3
    Sergeant-at-Arms--

    [[Page 350]]

    authority thereof, directed to him by the Speaker.

    656. SergeantatArms enforces authority of House.

      3. (a)
    The Sergeant-at-Arms shall attend the House during its sittings and
    maintain order under the direction of the Speaker or other presiding
    officer. The Sergeant-at-Arms shall execute the commands of the House,
    and all processes issued by

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 1 of rule IV (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1789, with additions and
    amendments in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971.
    Amendments adopted in the 92d Congress clarified the responsibility of
    the Sergeant-at-Arms to keep the accounts for the pay and mileage of the
    Delegates from the District of Columbia, Guam, and the Virgin Islands
    and the Resident Commissioner from Puerto Rico as well as for Members
    (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
    36013-15). In the 94th Congress, the provisions of House Resolution 732,
    directing the Sergeant-at-Arms to enter into agreements with State
    officials, with the approval of the Committee on House Administration,
    to withhold State income taxes from the pay of each Member subject to
    such State income tax and requesting such withholding, were enacted into
    permanent law (90 Stat. 1448; 2 U.S.C. 60e-1b). Former provisions of
    this clause directing the Sergeant-at-Arms to keep the accounts for the
    pay and mileage of Members and Delegates and the Resident Commissioner
    from Puerto Rico were stricken by section 4 of the House Administrative
    Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p.
    9039), to relieve the Sergeant-at-Arms of functions to be transferred to
    the Director of Non-legislative and Financial Services pursuant to
    section 7 of that resolution (see Sec. 665, supra). During the 102d
    Congress, the House adopted a resolution presented by the Majority
    Leader as a question of the privileges of the House to terminate all
    bank and check-cashing operations in the Office of the Sergeant-at-Arms
    and direct the Committee on Standards of Official Conduct to review GAO
    audits of such operations (Oct. 3, 1991, p. 25435). When former rule IV
    was rewritten entirely in the 104th Congress, clause 1 was restated
    without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).

      The Sergeant-at-Arms is authorized to make payments from the
    contingent fund of the House (now referred to as ``applicable accounts
    of the House described in clause 1(i)(1) of rule X''), under rules
    prescribed by the Committee on House Administration, to defray the
    expenses of the funeral of a deceased Member of the House and the
    expenses of any delegation of Members of Congress duly appointed to
    attend (76 Stat. 686; 2 U.S.C. 124).

    [[Page 351]]

      The Speaker ordered that documents received in a communication from an
    independent counsel advising the House of substantial and credible
    information that may constitute grounds for impeachment of the President
    be kept under armed guard of the Sergeant-at-Arms until the House
    determined which documents to make available to the public (Sept. 9,
    1998, p. ----).

      At the organization of the House in a new Congress the election of
    Speaker occurs before the adoption of rules. Therefore this rule is not
    in force at that time, and in case of necessity a special rule may be
    adopted conferring the authority, as was done in 1849 and 1859 (I, 101,
    102).

    -- <>   (b) The symbol of the office of the Sergeant-at-Arms shall
    be the mace, which shall be borne by him while enforcing order on the
    floor.

      Duties are imposed on the Sergeant-at-Arms by law (I, 258): Control of
    Capitol police; and the making up of the roll of Members-elect and
    presiding over the organization of a new Congress in case of vacancy in
    the Office of the Clerk, or the absence or disability of that officer (2
    U.S.C. 26). The death of the Sergeant-at-Arms being announced, the House
    passed appropriate resolutions and adjourned as a mark of respect (VI,
    32; July 8, 1953, p. 8263). The Clerk having died, and in the absence of
    the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
    the organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
    Congress the Sergeant-at-Arms having died, the Clerk was elected to
    serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
    8242), and upon resignation by the Clerk from his additional position of
    Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a
    temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
    having resigned in the 96th Congress, the Speaker appointed a temporary
    Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
    and the same occurred in the 102d Congress (Mar. 12, 1992, p. 5519).
    Instance where the Senate by resolution removed its Sergeant-at-Arms
    (VI, 37).

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 2 of rule IV (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1789 (II, 1346). When former
    rule IV was rewritten entirely in the 104th Congress, the paragraph was
    restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    An attempt to enforce order without the mace gave rise to a question of
    privilege (II, 1347). Extreme disorder arising on the floor, the Speaker
    directed the Sergeant-at-Arms to enforce order with the mace (VI, 258;
    VIII, 2530).

    Sec. 658. Doorkeeping.

      (c)  The Sergeant-at-Arms shall
    enforce strictly the rules relating to the privileges of the Hall of the
    House and be responsible to the House for the official conduct of his
    employees.

    [[Page 352]]

    during its sittings; and from 15 minutes before the hour of the meeting
    of the House each day until 10 minutes after adjournment, he shall see
    that the floor is cleared of all persons except those privileged to
    remain.

      (d) The Sergeant-at-Arms may not allow a person to enter the room over
    the Hall of the House

    -  (e) <> In addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Sergeant-at-Arms shall report to the Committee on
    House Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or on December 31 on the financial
    and operational status of each function under the jurisdiction of the
    Sergeant-at-Arms. Each report shall include financial statements and a
    description or explanation of current operations, the implementation of
    new policies and procedures, and future plans for each function.
      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress to transfer functions incident to the abolishment of the
    Office of the Doorkeeper (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    For the history of the Office of the Doorkeeper, see Sec. 664, infra.

    Sec. 660. Cooperation with others.

      (f) The  Sergeant-at-Arms
    shall fully cooperate with the appropriate offices and persons in the
    performance of reviews and audits of financial records and
    administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. ----).

    [[Page 353]]

    Chief Administrative Officer
                                                           Rule II, clause 4
    Rule II, clause 4

    661. Duties.

      4.  (a) The Chief Administrative Officer shall
    have operational and financial responsibility for functions as assigned
    by the Committee on House Administration and shall be subject to the
    policy direction and oversight of the Committee on House
    Administration.-

    Sec. 662. Semiannual reports.

      (b)  In addition to any other
    reports required by the Committee on House Administration, the Chief
    Administrative Officer shall report to the Committee on House
    Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or December 31 on the financial and
    operational status of each function under the jurisdiction of the Chief
    Administrative Officer. Each report shall include financial statements
    and a description or explanation of current operations, the
    implementation of new policies and procedures, and future plans for each
    function.

    Sec. 663. Cooperation with others.

      (c)  The Chief
    Administrative Officer shall fully cooperate with the appropriate
    offices and persons in the performance of reviews and audits of
    financial records and administrative operations.

    [[Page 354]]

    the Sergeant-at-Arms incident to the abolishment of the Office of the
    Doorkeeper.
      Before the House recodified its rules in the 106th Congress, clause 4
    was found in former rule V (H. Res. 5, Jan. 6, 1999, p. ----). It was
    adopted initially in this form in the 104th Congress (sec. 201(c), H.
    Res. 6, Jan. 4, 1995, p. 463). It was amended in the 105th Congress to
    eliminate the supervisory role of the Speaker over the Chief
    Administrative Officer (H. Res. 5, Jan. 7, 1997, p. ----). A conforming
    change was effected at the beginning of the 106th Congress in the name
    of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. --
    --). The earlier form of the rule enumerated the duties of the
    Doorkeeper, which were transferred to

    Sec. 664. Former Office of Doorkeeper.

      Before  the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V
    enumerated the duties of the Doorkeeper, who enforced the rules relating
    to the privileges of the Hall of the House. The earlier form of the rule
    was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V,
    7295). By law the Doorkeeper was assigned certain administrative duties
    (I, 262), including certain housekeeping functions. Through his
    employees and appointees, the Doorkeeper also discharged various duties
    not enumerated in the law or in the rules, such as announcing at the
    door of the Hall of the House all messengers from the President and the
    Senate (V, 6591). The Clerk having died, and the Sergeant-at-Arms having
    been absent, the Doorkeeper of the 79th Congress presided at the
    organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th
    Congress, the House adopted a resolution on the death of the Doorkeeper
    and appointed a committee to attend his funeral (Jan. 28, 1943, pp. 421-
    22).-

    Sec. 665. Former Director of Nonlegislative and
    Financial Services.

      The Chief  Administrative Officer supplanted the Director of
    Non-legislative and Financial Services formerly provided for under
    clause 1 of rule VI in the 103d Congress, which corresponded to an
    erstwhile rule LII of the 102d Congress. Certain functions and entities
    formerly within the purview of elected officers were transferred to the
    Director of Non-legislative and Financial Services pursuant to section 7
    of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr.
    9, 1992, p. 9040). Section 7(b) of that resolution vested the Committee
    on House Administration with authority to prescribe regulations
    providing for the orderly transfer of such functions and entities and
    any other transfers necessary for the improvement of non-legislative and
    financial services in the House, so long as not transferring a function
    or entity within the jurisdiction of the committee under rule X. Section
    13 of the resolution provided that previous responsibility for a
    function or entity would remain fixed until such function or entity were
    transferred. Pursuant to clause 1 of rule VI of the 103d Congress (then
    still designated as rule LII of the 102d Congress), the Speaker, the
    Majority Leader, and the Minority Leader jointly appointed the first
    Director of Non-legislative and Financial Services of the House on
    October 23, 1992 (Oct. 29, 1992, p. 34802).

                                                           Rule II, clause 5
    Rule II, clause 5
    Chaplain

    666. Duties of the Chaplain.

      5. The  Chaplain shall offer a
    prayer at the commencement of each day's sitting of the House.

    [[Page 355]]

    adopted initially in 1880 (I, 272), but the sessions of the House were
    opened with prayer from the first, and the Chaplain was an officer of
    the House before the adoption of the rule (I, 273-282). The Chaplain
    takes the oath prescribed for the officers of the House (VI, 31; Feb. 1,
    1950, p. 1311). Prayer by the Chaplain is not business requiring the
    presence of a quorum and the Speaker declines to entertain a point of no
    quorum before prayer is offered (VI, 663; clause 7(a)(1) of rule XX).
    There is no precedent for prayer to be offered by the Chaplain during a
    continuous session of the House, absent an adjournment or recess
    (compare Apr. 22 and 23, 1985, pp. 8753 and 8959). Form of resignation
    of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097). The
    election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095).
      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VII (H. Res. 5, Jan. 6, 1999, p. ----).
    It was

      During the 97th Congress, the Supreme Court held that employment of a
    chaplain for the legislative body of Nebraska did not violate the
    Establishment Clause of the first amendment to the Constitution (Marsh
    v. Chambers, 463 U.S. 783 (1983)). The Court of Appeals cited the Marsh
    decision as controlling authority in a similar challenge to the House
    Chaplain (Murray v. Buchanan, 729 F.2d 689 (D.C. Cir. 1983)). The House
    adopted a privileged resolution articulating its position in the Murray
    case (H. Res. 413, Mar. 30, 1982, p. 5890).

                                                           Rule II, clause 6
    Rule II, clause 6
    Office of Inspector General

    667. Inspector General.

      6. (a)  There is established an
    Office of Inspector General.

      (b) The Inspector General shall be appointed for a Congress by the
    Speaker, the Majority Leader, and the Minority Leader, acting jointly.

      (c) Subject to the policy direction and oversight of the Committee on
    House Administration, the Inspector General shall only--

          (1) conduct periodic audits of the financial and administrative
    functions of the House and of joint entities;

    [[Page 356]]

          (2) inform the officers or other officials who are the subject of
    an audit of the results of that audit and suggesting appropriate
    curative actions;

          (3) simultaneously notify the Speaker, the Majority Leader, the
    Minority Leader, and the chairman and ranking minority member of the
    Committee on House Administration in the case of any financial
    irregularity discovered in the course of carrying out responsibilities
    under this clause;

          (4) simultaneously submit to the Speaker, the Majority Leader, the
    Minority Leader, and the chairman and ranking minority member of the
    Committee on House Administration a report of each audit conducted under
    this clause; and

          (5) report to the Committee on Standards of Official Conduct
    information involving possible violations by a Member, Delegate,
    Resident Commissioner, officer, or employee of the House of any rule of
    the House or of any law applicable to the performance of official duties
    or the discharge of official responsibilities that may require referral
    to the appropriate Federal or State authorities under clause 3(a)(3) of
    rule XI.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. ----).
    It was adopted initially in this form at the beginning of the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Later in the
    104th Congress and in the 106th Congress it was amended to effect a
    technical correction (H. Res. 254, Nov. 30, 1995, p. ----; H. Res. 5,
    Jan. 6, 1999, p. ----). Its predecessor form was composed in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) by combining two rules adopted
    in the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d
    Cong., Apr. 9, 1992, p. 9040). For the history of former rule VI before
    1992, see Sec. 668, infra.

    [[Page 357]]

    Officer; see clause 4 of rule II, Sec. Sec. 661-663, supra), and
    paragraph (b) (former clause 2) corresponded to an erstwhile rule LIII
    of the 102d Congress (relating to the Inspector General). The 104th
    Congress rewrote clause 2 of rule VI (as it was composed in the 103d
    Congress) to occupy all of rule VI and to: broaden the auditing
    responsibilities beyond the offices of the elected officers (paragraph
    (c)(1), former clause 2(c)(1)); add requirements for simultaneous
    reporting (paragraphs (c)(3) and (4), former clauses 2(c)(3) and (4));
    delete a provision relating to classification of employees (former
    clause 2(d)); and add the responsibility to report certain information
    to the Committee on Standards of Official Conduct (paragraph (c)(5))
    (sec. 201, H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also
    mandated that the Inspector General, in consultation with the Speaker
    and the Committee on House Administration, procure an independent and
    comprehensive audit of House financial records and administrative
    operations and report the results thereof in accord with this rule (sec.
    107, H. Res. 6, Jan. 4, 1995, p. 463).
      In the form of the rule adopted in the 103d Congress, paragraph (a)
    (former clause 1) corresponded to an erstwhile rule LII of the 102d
    Congress (relating to the Director of Non-legislative and Financial
    Services, who in the 104th Congress was supplanted by the Chief
    Administrative

      Pursuant to clause 2(b) of the form of the rule adopted in the 103d
    Congress, the Speaker, the Majority Leader, and the Minority Leader
    jointly appointed the first Inspector General of the House of
    Representatives (Nov. 10, 1993, p. 28591).

    Sec. 668. Former Office of the Postmaster.

      Until  the 102d
    Congress, former rule VI provided for an Office of the Postmaster, who
    superintended the post offices of the House and the delivery of its
    mail. The earlier form of the rule was adopted in 1838 and amended in
    1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and
    1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the
    Postmaster was abolished during the 102d Congress by sections 2 and 5 of
    the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9,
    1992, p. 9040).

                                                           Rule II, clause 7
    Rule II, clause 7
    Office of the Historian

    669. Historian.

      7.  There is established an Office of the
    Historian of the House of Representatives. The Speaker shall appoint and
    set the annual rate of pay for employees of the Office of the Historian.

    [[Page 358]]

    agement, supervision, and administration of the office was under the
    direction of the Speaker and was staffed by a professional historian
    appointed by the Speaker on a nonpartisan basis. In 1984 the Office of
    the Bicentennial was removed from the standing rules and established by
    law for the remainder of its existence in P.L. 98-367 (2 U.S.C. 29c).

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 10 of rule I (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 101st Congress (H. Res.
    5, Jan. 3, 1989, p. 72). The second sentence was added in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----). An earlier form of this
    clause provided for the seven-year establishment of an Office for the
    Bicentennial to coordinate the commemoration of the two-hundredth
    anniversary of the House of Representatives (H. Res. 621, 97th Cong.,
    Dec. 17, 1982, p. 31951). The man

                                                           Rule II, clause 8
    Rule II, clause 8
    Office of General Counsel

    670. General Counsel.

      8.  There is established an Office of
    General Counsel for the purpose of providing legal assistance and
    representation to the House. Legal assistance and representation shall
    be provided without regard to political affiliation. The Office of
    General Counsel shall function pursuant to the direction of the Speaker,
    who shall consult with a Bipartisan Legal Advisory Group, which shall
    include the majority and minority leaderships. The Speaker shall appoint
    and set the annual rate of pay for employees of the Office of General
    Counsel.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted intially in the 103d Congress (H. Res. 5,
    Jan. 5, 1993, p. 49). The previous year, in section 12 of the House
    Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p.
    9040), the House had directed the Committee on House Administration to
    provide for an Office of General Counsel in a manner ensuring
    appropriate coordination with and participation by both the majority and
    minority leaderships in matters of representation and litigation.