[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)).