    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Rules of the House of Representatives]
    [Pages 371-396]
    [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
    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.

    [[Page 372]]

    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. 7). For a discussion of the former
    Office of the Doorkeeper, see Sec.  663b, 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
    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

      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 Chief Administrative Officer and
    the Inspector General, and oversight of the Clerk and Sergeant-at-Arms
    (see Sec. 752, infra).

    [[Page 373]]

    (Precedents (Wickham), ch. 6, Sec. 17.1; Speaker Hastert, Dec. 6, 2005,
    p. 27569; May 25, 2011, p. 7885; Jan. 7, 2014, p. 449) even when
    prospective (Precedents (Wickham), ch. 6, Sec. 14.2; Speaker Ryan,
    Precedents (Wickham), ch. 6, Sec. 17.2; Speaker Pelosi, Feb. 25, 2019,
    p. _). The Speaker may administer the oath to an officer elected
    prospectively (Speaker Albert, June 26, 1972, p. 22387; Speaker Ryan,
    Precedents (Wickham), ch. 6, Sec. 17.2). 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. 3156; Jan. 11, 2021, p. _) and may be
    prospective (Precedents (Wickham), ch. 6, Sec. 17.3; Precedents
    (Wickham), ch. 6, Sec. 16.3) or retroactive (Precedents (Wickham), ch.
    6, Sec. 16.5).

    Clerk
      The Speaker has removed an officer prospectively (Speaker Ryan,
    Precedents (Wickham), ch. 6, Sec. 17.5). 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. 5501)
    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; Mar. 12, 1992, p. 5519; Jan. 11, 2021, p. _), Clerk (Nov. 15,
    1975, p. 36901; Precedents (Wickham), ch. 6, Sec. 14.6; Precedents
    (Wickham), ch. 6, Sec. 14.4), Chaplain (Mar. 14, 1966, p. 5712; Mar. 23,
    2000, p. 3481; Precedents (Wickham), ch. 6, Sec. 16.3), Doorkeeper (Dec.
    20, 1974, p. 41855), and Chief Administrative Officer (Jan. 9, 1997, p.
    279; Precedents (Wickham), ch. 6, Sec. 17.6; Dec. 16, 2015, p. 20274). A
    resolution electing a House officer is presented as a question of
    privilege

    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, and in the absence of a
    Member acting as Speaker pro tempore pursuant to clause 8(b)(3)(A) of
    rule I, 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. It was amended
    in the 115th Congress to clarify that the authority of the Clerk to
    preside is subordinate to a Member serving as Speaker pro tempore under
    clause 8(b)(3)(A) of rule I (sec. 2(g), H. Res. 5, Jan. 3, 2017, p. _).

    [[Page 374]]

    to reprinting of bills and documents (V, 7319); and receiving testimony
    taken in election contests (I, 703, 705; see also Federal Contested
    Election Act, P.L. 91-138, 83 Stat. 284). The Clerk has served
    temporarily also as Sergeant-at-Arms (July 8, 1953, p. 8242).

    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), such as: furnishing stationery, blank books, etc., to the
    committees and officers of the House (V, 7322); exercising discretionary
    authority as

    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-elect (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).-

    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). As part of the
    announcement prior to the call of the roll, the Clerk announces any
    district for which the Clerk has not received a certificate of election
    (Jan. 3, 2019, p. _; Jan. 3, 2021, p. _). 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). The Clerk has
    announced the House in recess subject to the call of the Chair by
    unanimous consent after the call of the roll and before the election of
    the Speaker (Jan. 3, 2021, p. _).

    [[Page 375]]

    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,
    clause 8(b)(3) of rule I now 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.
      Before clause 8(b)(3) of rule I, this clause operated also in the case
    of a vacancy in the Office of Speaker arising during a Congress. For
    example,

      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. 5501 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.

      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 reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

      (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;

    [[Page 376]]

          (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.

      Before the House recodified its rules in the 106th Congress, this
    paragraph (except subparagraph (2)) was found in former clause 3 of rule
    III (I, 251); 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, 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.

    [[Page 377]]

    rectly 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.

      (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 cor

      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).

      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).

      A special order of business reported by the Committee on Rules
    directing the Clerk to refrain from certifying an enrollment pending the
    resolution of a given contingency does not violate subparagraph (2)
    (Apr. 13, 2011, p. 5873).

    Sec. 649. Calendars distributed.

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

    [[Page 378]]

      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.

      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). Paragraph (f) 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).

    [[Page 379]]

    shall be in writing and shall be laid before the House and entered on
    the Journal.

    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

      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. 7).

    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.

      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. 9) 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.

    [[Page 380]]

    the Committee on House Administration, may appoint such staff as is
    required to operate the office until a successor is elected.

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

      (i)  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

    -  (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). A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Outdated language was
    removed in the 117th Congress to conform to the repeal of a statutory
    provision providing for staff assistance to former Speakers (sec. 2(a),
    H. Res. 8, Jan. 4, 2021, p. _). The Clerk managed the office of a
    congressional district after the House was notified that a special
    election had been ordered by the State in said district (where a vacancy
    existed due to the lack of a certificate of election) (March 14, 2019,
    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.

    [[Page 381]]

    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--
      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,

    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 382]]

    assist the Chair in maintaining decorum (Sept. 17, 1997, p. 19027;
    Precedents (Wickham), ch. 6, Sec. 15.7; June 22, 2018, p. _).
      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. A
    gender-based reference was eliminated in the 111th Congress (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7). 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, 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. 4556). 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 (now Ethics) 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 Chair may enlist the Sergeant-at-Arms to

      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(k)(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. 5606).

      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 Speaker may
    maintain decorum before adoption of rules by directing the Sergeant-at-
    Arms to present the mace as the traditional symbol of order (Precedents
    (Wickham), ch. 1, Sec. 6.5). Before the election of Speaker, a special
    rule may be adopted conferring the authority of this paragraph, 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 the Sergeant-at-Arms while enforcing
    order on the floor.

    [[Page 383]]

      Duties imposed on the Sergeant-at-Arms by law (I, 258) include control
    of the 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 the additional
    position of Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 5501,
    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).

      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. 7). 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.

      (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 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

    [[Page 384]]

    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. 7). For the history of the Office of
    the Doorkeeper, see Sec. 663b, infra.

    Sec. 660. Cooperation with others.

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

      Before the House recodified its rules in the 106th Congress,
    paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. 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).

    Sec. 660a. Duties regarding electronic devices.

      (g)(1)  The
    Sergeant-at-Arms is authorized and directed to impose a fine against a
    Member, Delegate, or the Resident Commissioner for the use of an
    electronic device for still photography or for audio or visual recording
    or broadcasting in contravention of clause 5 of rule XVII and any
    applicable Speaker's announced policy on electronic devices.

      (2) A fine imposed pursuant to this paragraph shall be $500 for a
    first offense and $2,500 for any subsequent offense.

    [[Page 385]]

      (3)(A) The Sergeant-at-Arms shall promptly notify the Member,
    Delegate, or the Resident Commissioner, the Speaker, the Chief
    Administrative Officer, and the Committee on Ethics of any such fine.

      (B) Such Member, Delegate, or Resident Commissioner may appeal the
    fine in writing to the Committee on Ethics not later than 30 calendar
    days or five legislative days, whichever is later, after notification
    pursuant to subdivision (A).

      (C) Upon receipt of an appeal pursuant to subdivision (B), the
    Committee on Ethics shall have a period of 30 calendar days or five
    legislative days, whichever is later, to consider the appeal. The fine
    will be upheld unless the appeal is agreed to by a majority of the
    Committee. Upon a determination regarding the appeal or if no appeal has
    been filed at the expiration of the period specified in subdivision (B),
    the chair of the Committee on Ethics shall promptly notify the Member,
    Delegate, or the Resident Commissioner, the Speaker, the Sergeant-at-
    Arms, and the Chief Administrative Officer, and shall make such
    notification publicly available. The Speaker shall promptly lay such
    notification before the House.

      (4) The Sergeant-at-Arms and the Committee on Ethics are authorized to
    establish policies and procedures for the implementation of this
    paragraph.

    [[Page 386]]

    proper decorum (Speaker Ryan, June 23, 2017, p. _). For annotations
    under clause 5 of rule XVII, see Sec. 962, infra.
      This clause was added in the 115th Congress (sec. 2(a)(1), H. Res. 5,
    Jan. 3, 2017, p. _), and it was amended during the 117th Congress to
    modify the process for consideration of appeals by the Committee on
    Ethics (sec. 8, H. Res. 85, Feb. 2, 2021, p. _). Immediately following
    its adoption, the Chair announced procedures regarding its enforcement
    (Jan. 3, 2017, p. _). The Speaker has inserted in the Record announced
    policies on electronic devices under clause 5 of rule XVII and on the
    implementation of this clause (Speaker Ryan, Jan. 3, 2017, p. _; Speaker
    Pelosi, Jan. 3, 2019, p. _; Speaker Pelosi, Jan. 4, 2021, p. _). The
    Speaker has emphasized this rule as part of a larger enforcement
    announcement regarding

    Chief Administrative Officer
      During the 117th Congress, the House established fines for the failure
    to wear a mask during a designated public health emergency in
    contravention of the Speaker's announced policies (sec. 4, H. Res. 38,
    Jan. 12, 2021, p. _) and for the failure to complete a required security
    screening for entrance to the House Chamber (H. Res. 73, Feb. 2, 2021,
    p. _). The resolution that imposed a fine related to masks cross-
    referenced this clause for enforcement purposes, and established mask-
    wearing as a standard of conduct pursuant to clause 3(a)(2) of rule XI.

    661. Duties.

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

    Sec. 662. Semiannual reports.

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

    [[Page 387]]

    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

    Sec. 663a. Deduction from salary for certain
    fines.

      (d)(1)  Upon notification from the chair of the Committee on Ethics
    pursuant to clause 3(g)(3)(C), the Chief Administrative Officer shall
    deduct the amount of any fine levied under clause 3(g) from the net
    salary otherwise due the Member, Delegate, or the Resident Commissioner.

      (2) The Chief Administrative Officer is authorized to establish
    policies and procedures for such salary deductions.

      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). Paragraph (a) 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), but that change was reversed in the
    114th Congress (sec. 2(a)(3)(B), H. Res. 5, Jan. 6, 2015, p. 34).
    Paragraph (d) was added in the 115th Congress (sec. 2(a)(2), H. Res. 5,
    Jan. 3, 2017, p. _). 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. The Chief
    Administrative Officer makes certain reports on receipts and
    expenditures (2 U.S.C. 4108, 4109), 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).

    [[Page 388]]

    a specified period, to deduct the amount of the fine from the net salary
    of the Member, Delegate, or Resident Commissioner in accordance with
    procedures established by the Committee on House Administration (H. Res.
    73, Feb. 2, 2021, p. _).
      During the 117th Congress, the House established a fine for failure to
    wear a mask during a designated public health emergency in contravention
    of the Speaker's announced policies, which required the Chief
    Administrative Officer to deduct the amount of any such fine (sec. 4, H.
    Res. 38, Jan. 12, 2021, p. _). The House also established a fine for the
    failure to complete a required security screening for entrance to the
    House Chamber, which required the Chief Administrative Officer, upon
    failure of a Member, Delegate, or Resident Commissioner to pay such a
    fine within

    Sec. 663b. 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 389]]

    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 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;
    Precedents (Wickham), ch. 6, Sec. 16.5; Precedents (Wickham), ch. 6,
    Sec. 16.3). Form of resolution electing a Chaplain emeritus (VI, 31;
    Jan. 30, 1950, p. 1095; Precedents (Wickham), ch. 6, Sec. 16.21).
      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

    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). During the 113th Congress,
    the Supreme Court held that the practice of opening a town board meeting
    with a prayer offered by a member of the clergy did not violate the
    Establishment Clause in part because of the tradition long followed by
    Congress and state legislatures. Town of Greece v. Galloway, 572 U.S.
    565 (2014).

    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--

    [[Page 390]]

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

          (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 Appropriations and the Committee on House Administration a
    report of each audit conducted under this clause; and

          (5) report to the Committee on Ethics 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.

    [[Page 391]]

    amended, and gender-based references were eliminated, in the 111th
    Congress (secs. 2(a), 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Paragraph
    (c)(5) was amended in the 112th Congress to reflect a change in
    committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80). Paragraph
    (c)(4) was amended in the 113th Congress to add the Committee on
    Appropriations (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. 26).
      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, Apr.
    9, 1992, p. 9040). Paragraph (c)(1) was

      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. 661-663a,
    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 Ethics (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, which
    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, Jan. 21, 1971, p. 15), and 1972
    (H. Res. 1153, Oct. 13, 1972, pp. 36013, 36014). The Office of the
    Postmaster was abolished during the 102d Congress by 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 392]]

    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 200th anniversary of the House of
    Representatives (Precedents (Wickham), ch. 6, Sec. 23.1). 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 was
    removed from the standing rules and established for the remainder of its
    existence by P.L. 98-367. 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).

    670. General Counsel.

      8. (a)  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 Speaker shall
    appoint and set the annual rate of pay for employees of the Office of
    General Counsel. The Office of General Counsel shall function pursuant
    to the direction of the Speaker, who shall consult with the Bipartisan
    Legal Advisory Group.

    [[Page 393]]

      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 initially 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. It was amended
    in the 114th Congress to move composition of the Bipartisan Legal
    Advisory Group to a new paragraph (b) (sec. 2(b), H. Res. 5, Jan. 6,
    2015, p. 34).

      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.
    5571(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. 5571(b)). The House
    may authorize the General Counsel to represent the House or a committee
    or take other action in a judicial proceeding (Feb. 14, 2008, p. 2191;
    sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10; June 28, 2012, pp. 10512,
    10515; sec. 4(a)(2), H. Res. 5, Jan. 3, 2013, p. 27; Precedents
    (Wickham), ch. 6, Sec. 19.3; secs. 3(f)(1), 3(f)(2), H. Res. 5, Jan. 6,
    2015, p. 36; sec. 103(n), H. Res. 6, Jan. 3, 2019, p. _; title III, H.
    Res. 6, Jan. 9, 2019, p. _; H. Res. 430, June 11, 2019, _). The House
    has authorized the Office of General Counsel to retain private counsel
    in support of an ongoing impeachment inquiry (H. Res. 661, Nov. 14,
    2019, p. _).

    Sec. 670a. Bipartisan Legal Advisory Group.

      (b)  There is
    established a Bipartisan Legal Advisory Group composed of the Speaker
    and the majority and minority leaderships. Unless otherwise provided by
    the House, the Bipartisan Legal Advisory Group speaks for, and
    articulates the institutional position of, the House in all litigation
    matters.

      This paragraph was added in the 114th Congress to affirmatively
    establish the Bipartisan Legal Advisory Group, whose composition was
    previously included in what is now paragraph (a) (sec. 2(b), H. Res. 5,
    Jan. 6, 2015, p. 34). The second sentence reflected a separate order of
    the House of the 113th Congress, which also authorized the Bipartisan
    Legal Advisory Group to continue certain civil actions begun in the
    previous Congress (sec. 4(a)(1), H. Res. 5, Jan. 3, 2013, p. 27). In the
    116th Congress the House adopted a resolution reported from the
    Committee on Rules reaffirming the authority of the Bipartisan Legal
    Advisory Group to speak for the House in regard to authorizing
    committees to initiate or intervene in judicial proceedings (H. Res.
    430, June 11, 2019, p. _).

    [[Page 394]]

    of a prior Congress, respectively, with respect to such litigation
    matter, and to take such steps as may be appropriate, including, but not
    limited to, the issuance of subpoenas, to ensure continuation of such
    litigation matter.

    Sec. 670b. Continuing litigation authority.

      (c)  The House,
    the Speaker, a committee or the chair of a committee authorized during a
    prior Congress to act in a litigation matter is authorized to act as the
    successor in interest to the House, the Speaker, such committee or the
    chair of such committee

    Office of Diversity and Inclusion
      This paragraph was added in the 115th Congress (sec. 2(h), H. Res. 5,
    Jan. 3, 2017, p. _), and amended in the 117th Congress to clarify that
    the issuance of subpoenas constituted an appropriate step to ensure
    continuation of a litigation matter (sec. 2(c), H. Res. 8, Jan. 4, 2021,
    p. _). Previously, authority to continue judicial proceedings had been
    granted by separate orders for specific matters (e.g., sec. 4(f), H.
    Res. 5, Jan. 6, 2009, p. 10; sec. 4(a)(2), H. Res. 5, Jan. 3, 2013, p.
    27; secs. 3(f)(1), 3(f)(2), H. Res. 5, Jan. 6, 2015, p. 36).

    670c. Diversity and Inclusion.

      9. (a)  There is established
    an Office of Diversity and Inclusion. The Speaker, in consultation with
    the Minority Leader, shall appoint a Director of the Office from
    recommendations provided by the chair of the Committee on House
    Administration in consultation with the ranking minority member of such
    committee.

      (b) Subject to the policy direction and oversight of the Committee on
    House Administration, the Office of Diversity and Inclusion shall--

          (1) direct and guide House employing offices to recruit, hire,
    train, develop, advance, promote, and retain a diverse workforce;

          (2) survey and evaluate diversity in House employing offices;

    [[Page 395]]

    ity Leader, the chair and ranking minority member of the Committee on
    House Administration, and the chair and ranking minority member of the
    Subcommittee on the Legislative Branch of the Committee on
    Appropriations; and
          (3) through the Director of the Office at the end of each session
    of Congress, submit a House of Representatives diversity report to the
    Speaker, the Majority Leader, the Minor

          (4) provide consultation and guidance in furtherance of increasing
    diversity and inclusion in the House.

    Office of the Whistleblower Ombuds
      This clause was adopted in the 117th Congress (sec. 2(b), H. Res. 8,
    Jan. 4, 2021, p. _). Prior to its inclusion in the standing rules, the
    office was established in the 116th Congress with responsibility for the
    development of plans for increased diversity in House employment as well
    as a biennial report on diversity within the House (sec. 104(d), H. Res.
    6, Jan. 3, 2019, p. _). In the 117th Congress the House required the
    office to recommend a methodology for surveying the diversity of witness
    panels at committee hearings, and required the Committees on House
    Administration and Rules to ensure the implementation of such
    recommendations by a date certain (sec. 3(t), H. Res. 8, Jan. 4, 2021,
    p. _).

    670d. Whistleblower Ombuds.

      10. (a)  There is established an
    Office of the Whistleblower Ombuds. The Speaker, in consultation with
    the chairs and ranking minority members of the Committee on House
    Administration and the Committee on Oversight and Reform, shall appoint
    a Director of the Office.

      (b) Subject to the policy direction and oversight of the Committee on
    House Administration, and in consultation with any other committee (at
    the request of the chair or ranking minority member of such other
    committee), the Office of the Whistleblower Ombuds shall--

    [[Page 396]]

          (1) promulgate best practices for whistleblower intake for offices
    of the House; and

          (2) provide training for offices of the House on whistleblower
    intake, including establishing an effective reporting system for
    whistleblowers, maintaining whistleblower confidentiality, advising
    staff of relevant laws and policies, and protecting information provided
    by whistleblowers.

      This clause was adopted in the 117th Congress (sec. 2(b), H. Res. 8,
    Jan. 4, 2021, p. _). Prior to its inclusion in the standing rules, the
    office was established in the 116th Congress and given similar duties
    (sec. 104(e), H. Res. 6, Jan. 3, 2019, p. _).