[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.