    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
    [111st Congress]
    [House Document 110-162]
    [Rules of the House of Representatives]
    [Pages 352-371]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule II

    Elections
                          other officers and officials

    [[Page 353]]

    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
    the office to the best of the knowledge and ability of the officer, and
    to keep the secrets of the House. Each of these officers shall appoint
    all of the employees of the department concerned provided for by law.
    The Clerk, Sergeant-at-Arms, and Chief Administrative Officer may be
    removed by the House or by the Speaker.

    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

      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
    was amended several times before 1880, when it assumed the form it
    retained for more than a century (I, 187). During the 102d Congress, 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 certain 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). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _). 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.

    [[Page 354]]

    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).
      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

    Clerk
      The House has declined to interfere with the Clerk's power of removing
    subordinates (I, 249). Employees under the Clerk and other officers are
    to be assigned only 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 the authority to fill temporary
    vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
    30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519),
    Clerk (Nov. 15, 1975, p. 36901; Jan. 6, 1999, p. 257; Nov. 18, 2005, p.
    _), 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; Speaker
    Hastert, Dec. 6, 2005, p. _) even when prospective (Feb. 6, 2007, p. _).
    The resignation of an elected officer of the House is subject to
    acceptance by the House (Mar. 23, 2000, p. 3480; Feb. 6, 2007, p. _).

    [[Page 355]]

    to appeal by a Member, Delegate, or Resident Commissioner.

    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

      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.

    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 requires the furnishing of 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. 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 on one occasion, 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).

      Although 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).-

    [[Page 356]]

    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. 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

    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).

      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 an adjournment sine die 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 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.

      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 required to be made by such officer.

    [[Page 357]]

    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _).

      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). A gender-based

      (c) The Clerk shall--

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

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

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

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

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

    [[Page 358]]

      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 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 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.

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

      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 the Speaker's 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 chair of the committee is sufficient (III, 1668).

    [[Page 359]]

      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).

    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--

    Sec. 650. Documents.

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

          (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.

    [[Page 360]]

      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 the temporary absence or disability of the Clerk
    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.

      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 amended January 3, 1953 (p. 16). Form of designation of a Clerk pro
    tempore (VI, 26). Technical corrections were effected in the 108th
    Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _).

    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 in recess or adjournment.

    [[Page 361]]

      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 in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) and amended in the 111th Congress to apply to recesses
    as well as adjournments (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. _) to
    reflect current practice (see Dec. 22, 1987, p. 37966). 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.

    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. When acting as a supervisory
    authority over such staff, the Clerk shall have authority to terminate
    employees and, with the approval of the Committee on House
    Administration, may appoint such staff as is required to operate the
    office until a successor is elected.

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

    -  (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

    [[Page 362]]

    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). A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

    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).

    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 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).

    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 the Sergeant-
    at-Arms by the Speaker.

    [[Page 363]]

    in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971. A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _). Amendments adopted in the 92d Congress to clarify
    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) were stricken by 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 transferred to the
    Director of Non-legislative and Financial Services pursuant to that
    resolution (see Sec. 664, supra). 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). 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).
      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

      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).

    [[Page 364]]

    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 the 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).

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

      Duties imposed on the Sergeant-at-Arms by law (I, 258) include 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

      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).
    A gender-based reference was eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. _). Extreme disorder arising on the
    floor, the Speaker directed the Sergeant-at-Arms to enforce order with
    the mace (VI, 258; VIII, 2530), but an attempt to enforce order without
    the mace has been questioned as illegitimate (II, 1347).

    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
    employees of the office of the Sergeant-at-Arms.

    [[Page 365]]

    that the floor is cleared of all persons except those privileged to
    remain.

      (d) The Sergeant-at-Arms may not allow a person to enter the room over
    the Hall of the House during its sittings and, from 15 minutes before
    the hour of the meeting of the House each day until 10 minutes after
    adjournment, shall see

    -  (e) <> In addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Sergeant-at-Arms shall report to the Committee on
    House Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or on December 31 on the financial
    and operational status of each function under the jurisdiction of the
    Sergeant-at-Arms. Each report shall include financial statements and a
    description or explanation of current operations, the implementation of
    new policies and procedures, and future plans for each function.
      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. 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).
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. _). 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.

    [[Page 366]]

    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.

    Sec. 663. Cooperation with others.

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

    [[Page 367]]

    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.
      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

    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 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, 422).-

    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 the House
    Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p.
    9040), which also 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. 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 on October
    23, 1992 (Oct. 29, 1992, p. 34802).

    665. Duties of the Chaplain.

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

    [[Page 368]]

    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 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).
      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

    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.

      (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) provide audit, investigative, and advisory services to the
    House and joint entities in a manner consistent with government-wide
    standards;

    [[Page 369]]

          (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 chair 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 chair and ranking minority member of the
    Committee on House Administration a report of each audit conducted under
    this clause; and

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

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. 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). Paragraph (c)(1) was amended, and gender-
    based references were eliminated, in the 111th Congress (secs. 2(a),
    2(l), H. Res. 5, Jan. 6, 2009, p. _).

    [[Page 370]]

    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).

      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

    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
    supervised 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).

    669. Historian.

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

    [[Page 371]]

    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).

    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

    670. General Counsel.

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

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted intially in the 103d Congress (H. Res. 5,
    Jan. 5, 1993, p. 49). The previous year, in 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.

      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)).