    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Rules of the House of Representatives]
    [Pages 354-373]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule II

    Elections
                          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 355]]

    was amended several times before 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. 47). For a discussion of the former Office
    of the Doorkeeper, see Sec. 663a, infra; and for a discussion of the
    evolution of the Chief Administrative 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. 664,
    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. 47). A rudimentary form of this clause was adopted in 1789, and

      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 rules are adopted.
    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 (I, 204, 208).
    However, the officers mentioned in the rule, other than Speaker, 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 oath is administered
    by the Speaker to the officers (I, 81; Sec. 198, supra). 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 XXIII). Clause 4(d)(1)(A) of
    rule X requires the Committee on House Administration to provide policy
    direction for, and oversight of, the Inspector General, and oversight of
    the Clerk, Sergeant-at-Arms, and Chief Administrative Officer (see
    Sec. 752, infra).

    [[Page 356]]

    1980, p. 4350; and Mar. 12, 1992, p. 5519), Clerk (Nov. 15, 1975, p.
    36901; Jan. 6, 1999, p. 257), Chaplain (Mar. 14, 1966, p. 5712; Mar. 23,
    2000, p. 3481), Doorkeeper (Dec. 20, 1974, p. 41855), and Chief
    Administrative Officer (Jan. 9, 1997, p. 279). A resolution electing a
    House officer is presented as a question of privilege (July 31, 1997, p.
    17021). The resignation of an elected officer of the House is subject to
    acceptance by the House (Mar. 23, 2000, p. 3480).

    Clerk
      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,

    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. 47). Paragraph (a) was initially framed in 1880, on a basis
    furnished by a rule of 1860 (I, 64), and amended in 1911.

    [[Page 357]]

    Sec. 642. Other duties of the Clerk.

      Various  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), to serve as an ex officio member of the Federal Election
    Commission established pursuant to Public Law 94-283; 2 U.S.C. 437c; and
    to make certain reports on receipts and expenditures (2 U.S.C. 102, 103,
    113; see Sec. 655, infra). Instance of Clerk serving temporarily also as
    Sergeant-at-Arms (July 8, 1953, p. 8242).

    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 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, 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).

      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, pp. 115,
    116). 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).

    [[Page 358]]

    8(b)(3) of rule I, which requires the Speaker to deliver to the Clerk a
    list of Members in the order in which each shall act as Speaker pro
    tempore in the case of a vacancy.
      In a case of a vacancy in the Office of the Speaker arising after the
    adoption of the rules, this rule would be operative and conclude
    questions as to the Clerk's authority. For example, upon the death of
    the Speaker during a sine die adjournment of the first session of the
    87th Congress, the Clerk called the House to order on the first day of
    the second session (Jan. 10, 1962, p. 5). However, this rule should be
    read in light of clause

      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. 41).

    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 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.

      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. 47). The paragraph was initially adopted in 1822 (I, 252). It
    was amended in the 107th Congress to permit the Clerk to publish the
    list in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001,
    p. 25).

      (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;

    [[Page 359]]

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

          (4) send a 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.

      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. 47). 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 resolution (see Sec. 664, 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. 47). 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. 35077). Subparagraphs (3) and (4) were amended in
    the 107th Congress to permit the Clerk to publish the Journal in a form
    other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25).

    Sec. 648. Attests and seals process and certifies
    passage of bills; oversees engrossment and enrollment process.

      (d)(1)  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.

    [[Page 360]]

    nature by the Speaker and the President of the Senate, and report to the
    House the fact and date of their presentment.

      (2) The Clerk shall examine all bills, amendments, and joint
    resolutions after passage by the House and, in cooperation with the
    Senate, examine all bills and joint resolutions that have passed both
    Houses to see that they are correctly enrolled and forthwith present
    those bills and joint resolutions that originated in the House to the
    President in person after their sig

      Before the House recodified its rules in the 106th Congress,
    subparagraph (1) was found in former clause 3 of rule III (H. Res. 5,
    Jan. 6, 1999, p. 47). 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).

      The enrollment process was originally the responsibility of the
    Committee on Enrolled Bills, which was created in 1789 by a joint rule
    of the two Houses (IV, 4350). This joint rule lapsed in 1876 with other
    joint rules, but in 1880 the Rules of the House were amended to again
    recognize the Committee on Enrolled Bills (IV, 4350, 4416; VII, 2099).
    Responsibility for the engrossment and enrollment process was given to
    the Committee on House Administration when that Committee was created
    effective January 2, 1947 as part of the Legislative Reorganization Act
    of 1946 (60 Stat. 812) as an enumerated subject of legislative
    jurisdiction. That responsibility was transferred from the Committee's
    legislative jurisdiction to its special oversight jurisdiction (see
    former clause 4(d)(1)(A) of rule X) by the Committee Reform Amendments
    of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470) and was transferred to the Clerk in the 107th Congress
    (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 28). The Clerk and the Secretary
    of the Senate make comparisons of bills of their respective Houses for
    enrollment, and the two cooperate in the interchange of bills for
    signature.

    Sec. 649. Calendars distributed.

      (e)  The Clerk shall cause
    the calendars of the House to be 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. 47). This paragraph was adopted initially in the 62d Congress, April
    5, 1911 (VI, 743), and amended December 8, 1931 (pp. 10, 83). It was
    amended in the 107th Congress to permit the Clerk to publish the
    calendars in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3,
    2001, p. 25).

      (f) The Clerk shall--

    [[Page 361]]

    sioner, and officers of the House, and not to be withdrawn therefrom,
    two copies of all the books and printed documents deposited there; and

    Sec. 650. Documents.

          (1) retain  in the library at the
    Office of the Clerk for the use of the Members, Delegates, Resident
    Commis

          (2) deliver to any Member, Delegate, or the Resident Commissioner
    an extra copy of each document 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.

      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. 47). 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). It was amended in the 107th Congress to
    permit the Clerk to distribute documents by a method other than mail and
    in a form other than bound (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25).

    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 perform all
    other official acts that the Clerk may be required to perform under the
    rules and practices of the House, except such official acts as are
    provided for by statute. Official acts performed 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 362]]

    ed January 3, 1953 (p. 16). Form of designation of a Clerk pro tempore
    (VI, 26). Technical corrections to the clause were effected in the 108th
    Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).

      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, p. 47). It was adopted initially on January 18, 1912 (VI, 25) and
    was amend

    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. 47). 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.

    [[Page 363]]

    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).

      (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,

    -  (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. 47). 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. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999,
    p. 47).

    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. 47). 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. 47).

    [[Page 364]]

    public. However, members of the public have no statutory or
    constitutional right to examine the actual financial records that are
    used in preparing such reports (Trimble v. Johnston, 173 F. Supp. 651,
    D.C. Cir. 1959).

    Sergeant-at-Arms--
      The Clerk is also required to make certain reports on receipts and
    expenditures under law (2 U.S.C. 102, 103, 113), which are available to
    the

    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 authority thereof, directed to him by the
    Speaker.

    [[Page 365]]

      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. 47). 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. 664, 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 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(j)(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).

      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. 19769).

      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).

    [[Page 366]]

    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).

      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. 47). 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

    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.

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

    -  (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.

    [[Page 367]]

      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. 47). 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. 663a, 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.

    Chief Administrative Officer
      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. 47). 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. 47).

    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
    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.

    [[Page 368]]

    ance of reviews and audits of financial records and administrative
    operations.

    Sec. 663. Cooperation with others.

      (c)  The Chief
    Administrative Officer shall fully cooperate with the appropriate
    offices and persons in the perform

      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. 47). 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. 121). 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.
    47). It was amended in the 107th Congress to reflect the removal of the
    requirement that the Committee on House Administration provide policy
    direction to the Chief Administrative Officer (sec. 2(g), H. Res. 5,
    Jan. 3, 2001, p. 25). The earlier form of the rule enumerated the duties
    of the Doorkeeper, which were transferred to the Sergeant-at-Arms
    incident to the abolishment of the Office of the Doorkeeper.

    Sec. 663a. 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).-

    [[Page 369]]

    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).

    Chaplain

    Sec. 664. 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

    665. Duties of the Chaplain.

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

      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. 47). It
    was 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; Mar.
    23, 2000, p. 3480). Form of resolution electing a Chaplain emeritus (VI,
    31; Jan. 30, 1950, p. 1095; Nov. 10, 1999, p. 29493).

    Office of Inspector General
      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).

    667. Inspector General.

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

    [[Page 370]]

      (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;

          (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

    [[Page 371]]

          (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. 47). 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. 35077; H. Res. 5,
    Jan. 6, 1999, p. 47). 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.

      In the form of the rule adopted in the 103d Congress, paragraph (a)
    (formerly 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 Officer; see clause 4 of rule II, Sec. Sec. 661-663,
    supra), and paragraph (b) (formerly 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), formerly clause 2(c)(1)); add requirements for
    simultaneous reporting (paragraphs (c)(3) and (4), formerly clauses
    2(c)(3) and (4)); delete a provision relating to classification of
    employees (formerly 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).

    Office of the Historian

    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).

    [[Page 372]]

    and set the annual rate of pay for employees of the Office of the
    Historian.

    669. Historian.

      7.  There is established an Office of the
    Historian of the House of Representatives. The Speaker shall appoint

    Office of General Counsel
      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. 47). 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. 47). 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 management, 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). Apart from the Office of the
    Historian, the History of the House Awareness and Preservation Act
    requires the Librarian of Congress to prepare a new and complete written
    history of the House in consultation with the Committee on House
    Administration (2 U.S.C. 183). The Act also requires the Librarian to
    accept for deposit, preserve, maintain, and make accessible an oral
    history of the House as told by its Members and former Members (2 U.S.C.
    183a).

    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.

    [[Page 373]]

    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.
      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. 47). It was adopted intially in the 103d Congress (H. Res. 5,
    Jan. 5, 1993,

      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 U.S.C.
    130f(a)). Furthermore, the law requires the Attorney General to notify
    the General Counsel of a determination not to appeal a court decision
    affecting the constitutionality of an Act (2 U.S.C. 130f(b)).