[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-59]
[Page 345-364]
Rule II
other officers and officials
Elections
1. <> There
shall be elected at the commencement of each Congress, to continue in
office until their successors are chosen and qualified, a Clerk, a
Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each
of these officers shall take an oath to support the Constitution of the
United States, and for the true and faithful exercise of the duties of
his office to the best of his knowledge and ability, and to keep the
secrets of the House. Each of these officers shall appoint all of the
employees of his department provided for by law. The Clerk, Sergeant-at-
Arms, and Chief Administrative Officer may be removed by the House or by
the Speaker.
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
[[Page 346]]
XIII, and former clause 5 of rule XVI under rule II (H. Res. 5, Jan. 6,
1999, p. ----). A rudimentary form of this clause was adopted in 1789,
and was amended several times prior to 1880, when it assumed the form it
retained for more than a century (I, 187). During the 102d Congress,
section 2 of the House Administrative Reform Resolution of 1992 amended
the clause to abolish the Office of the Postmaster (see Sec. 668, infra)
and to empower the Speaker to remove elected officers (H. Res. 423, Apr.
9, 1992, p. 9039). The 104th Congress made conforming changes to the
clause to reflect the abolishment of the Office of the Doorkeeper and
the establishment of an elected Chief Administrative Officer (sec.
201(a), H. Res. 6, Jan. 4, 1995, p. 463). Clerical and stylistic changes
were effected when the House recodified its rules in the 106th Congress
(H. Res. 5, Jan. 6, 1999, p. ----). For a discussion of the former
Office of the Doorkeeper, see Sec. 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.
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 act of 1789 provides
that the oath of office shall be administered to the Speaker by any
Member and by the Speaker to the Clerk (I, 130). The Speaker also at the
same time administers the oath to the other elective officers (I, 81).
The Member of longest continuous service has traditionally administered
the oath to the Speaker (I, 131). However, on some occasions the Speaker
has selected the Member to administer the oath (VI, 6, 7). The
requirement that the officers be sworn to keep the secrets of the House
had become obsolete (I, 187), but the 104th Congress adopted a
requirement that Members, officers, and employees subscribe an oath of
secrecy regarding classified information (clause 13 of rule 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 has declined to interfere with the Clerk's power of removing
his subordinates (I, 249). Employees under the Clerk and other officers
are to be assigned only to the duties for which they are appointed (V,
7232). The Sergeant-at-Arms having died, the Clerk was elected by the
House to serve temporarily also as Sergeant-at-Arms without additional
[[Page 347]]
compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act
of 1946 (2 U.S.C. 75a-1) authorizes the Speaker to fill temporary
vacancies in the offices of Clerk, Sergeant-at-Arms, Chief
Administrative Officer, and Chaplain. A former version of the Act also
permitted temporary appointments to the former offices of Doorkeeper and
Postmaster. The Speaker has exercised his authority to fill temporary
vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519),
Clerk (Nov. 15, 1975, p. 36901; Jan. 1, 1999, p. ----), Chaplain (Mar.
14, 1966, p. 5712; Mar. 23, 2000, p. ----), Doorkeeper (Dec. 20, 1974,
p. 41855), and Chief Administrative Officer (Jan. 9, 1997, p. ----). A
resolution electing a House officer is presented as a question of
privilege (July 31, 1997, p. ----). The resignation of an elected
officer of the House is subject to acceptance by the House (Mar. 23,
2000, p. ----).
Clerk
2. <> (a) At the
commencement of the first session of each Congress, the Clerk shall call
the Members, Delegates, and Resident Commissioner to order and proceed
to record their presence by States in alphabetical order, either by call
of the roll or by use of the electronic voting system. Pending the
election of a Speaker or Speaker pro tempore, the Clerk shall preserve
order and decorum and decide all questions of order, subject to appeal
by a Member, Delegate, or Resident Commissioner.
In 1880 several rules, adopted at different periods from 1794 to 1846,
were consolidated into this clause, which, before the House recodified
its rules in the 106th Congress, was found in rule III (H. Res. 5, Jan.
6, 1999, p. ----). Paragraph (a) was initially framed in 1880, on a
basis furnished by a rule of 1860 (I, 64), and amended in 1911.
Various <> administrative
duties, similar to those specified in this clause, are imposed on the
Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat.
812); and the law also makes it his duty to furnish stationery, blank
books, etc., to the committees and officers of the House (V, 7322); to
exercise discretionary authority as to reprinting of bills and documents
(V, 7319); to receive the testimony taken in election contests (I, 703,
705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat.
284), to serve as
[[Page 348]]
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).
As <> rules are not
usually adopted until after the election of the Speaker, this paragraph
is not in force at the time of organization of a new House. The
procedure at organization does, however, follow a practice conforming to
the terms of the paragraph (I, 81), although the House may depart from
it. Since the 97th Congress, for example, the House has permitted by
unanimous consent the alphabetical roll call of Members by States to be
conducted by electronic device to establish a quorum (Jan. 5, 1981, pp.
93-96). For a discussion of procedure in the House before the adoption
of rules, including the procedure by which the Clerk conducts the
election of the Speaker, see Sec. Sec. 27 and 60, supra. The Clerk, in
presiding before the election of the Speaker, recognizes Members (I,
74). The Members-elect have, before the election of the Speaker or
adoption of rules, authorized the Clerk and Sergeant-at-Arms of the last
House to preserve order (I, 101); but usually such action has not been
taken, although an occasion might arise to make it necessary (I, 76,
77).
While the Speaker ceases to be an officer of the House with the
expiration of a Congress, the Clerk, by old usage, continues in a new
Congress (I, 187, 188, 235, 244).-
The <> roll of Members is
made up by the Clerk from the credentials, in accordance with a
provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of
election in due form having been filed, the Clerk placed the name of the
Member-elect on the roll, although he was subsequently advised that a
State Supreme Court had issued a writ restraining the Secretary of State
from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll
may not be interrupted, especially by one not on that roll (I, 84), and
a person not on the roll may not be recognized (I, 86). A motion to
proceed to the election of the Speaker is of higher privilege than a
motion to correct the roll (I, 19-24). The House has declined to permit
enrollment by the Clerk to be final as to prima facie right (I, 376,
589, 592).
In <> early years the authority of the Clerk to decide
questions of order pending the election of a Speaker was questioned (I,
65). The Clerks often declined to make decisions (I, 68-72; V, 5325).
However, in 1855 and 1997 the Clerk decided a question of order; and in
1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, p. ----).
During the existence of a rule that applied the rules of a prior House
to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the
Clerks made several rulings (I, 76, 77; VI, 623). In a case of vacancy
arising after the adoption of rules, this rule would be operative and
conclude questions as to the Clerk's au
[[Page 349]]
thority. 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. ----).
(b) <> At the
commencement of every regular session of Congress, the Clerk shall make
and cause to be delivered to each Member, Delegate, and the Resident
Commissioner a list of the reports that any officer or Department is
required to make to Congress, citing the law or resolution in which the
requirement may be contained and placing under the name of each officer
the list of reports he is required to make.
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 2 of rule II (H. Res. 5, Jan. 6,
1999, p. ----). 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. ----).
(c) The Clerk shall--
(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
[[Page 350]]
(4) send a copy of the Journal to the executive of and to each
branch of the legislature of every State as may be requested by such
State officials.
Before the House recodified its rules in the 106th Congress, this
paragraph (except subparagraph (2)) was found in former clause 3 of rule
III; and subparagraph (2) was found in former clause 5 of rule XVI (H.
Res. 5, Jan. 6, 1999, p. ----). Subparagraph (2) was adopted initially
in 1837 and amended in 1880 (V, 6740). Former provisions directing the
Clerk to make all contracts, keep contingent and stationery accounts,
and pay officers and employees were stricken by section 3 of the House
Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr.
9, 1992, p. 9050), to relieve the Clerk of functions to be transferred
to the Director of Non-legislative and Financial Services pursuant to
section 7 of that resolution (see Sec. 664, infra). Clerical corrections
were effected at the beginning of the 104th Congress (sec. 223(f), H.
Res. 6, Jan. 4, 1995, p. 469) and the 106th Congress (H. Res. 5, Jan. 6,
1999, p. ----). 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. ----).
(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
[[Page 351]]
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. ----). When the House issues an order or warrant, the
Speaker must issue the summons under his hand and seal, and it must be
attested by the Clerk; but when the power is granted to a committee to
send for persons and papers under clause 2(m) of rule XI, a summons
signed by the chairman of the committee is sufficient (III, 1668).
The enrollment process was originally the responsibility of the
Committee on Enrolled Bills, which was created in 1789 by a joint rule
of the two Houses (IV, 4350). This joint rule lapsed in 1876 with other
joint rules, but in 1880 the rules of the House were amended to again
recognize the Committee on Enrolled Bills (IV, 4350, 4416; VII, 2099).
Responsibility for the engrossment and enrollment process was given to
the Committee on House Administration when that Committee was created
effective January 2, 1947 as part of the Legislative Reorganization Act
of 1946 (60 Stat. 812) as an enumerated subject of legislative
jurisdiction. That responsibility was transferred from the Committee's
legislative jurisdiction to its special oversight jurisdiction (see
former clause 4(d)(1)(A) of rule X) by the Committee Reform Amendments
of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
1974, p. 34470) and was transferred to the Clerk in the 107th Congress
(sec. 2(b), H. Res. 5, Jan. 3, 2001, p. ----). The Clerk and the
Secretary of the Senate make comparisons of bills of their respective
Houses for enrollment, and the two cooperate in the interchange of bills
for signature.
(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. ----). 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. ----).
(f) The Clerk shall--
(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
[[Page 352]]
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. ----). 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. ----
).
(g) <> The
Clerk shall provide for his temporary absence or disability by
designating an official in the Office of the Clerk to sign all papers
that may require the official signature of the Clerk and to do all other
official acts that the Clerk may be required to do under the rules and
practices of the House, except such official acts as are provided for by
statute. Official acts done by the designated official shall be under
the name of the Clerk. The designation shall be in writing and shall be
laid before the House and entered on the Journal.
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. ----). 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).
[[Page 353]]
(h) <> The Clerk may
receive messages from the President and from the Senate at any time when
the House is not in session.
Before the House recodified its rules in the 106th Congress, this
paragraph was found in former clause 5 of rule III (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted initially in the 97th Congress (H. Res.
5, Jan. 5, 1981, pp. 98-113). In the case of Kennedy v. Sampson, 511
F.2d 430 (D.C. Cir. 1974) (see Sec. 113, supra, accompanying Const.,
art. I, sec. 7, cl. 2) a United States Court of Appeals held that a bill
could not be pocket-vetoed by the President during an ``intrasession''
adjournment of Congress to a day certain for more than three days, where
the House of origin has made appropriate arrangements for the receipt of
Presidential messages during the adjournment. Under this clause the
Clerk may receive messages during recesses as well as during
adjournments (Dec. 22, 1987, p. 37966).
(i)(1) <> The Clerk shall supervise the staff and manage the office of a
Member, Delegate, or Resident Commissioner who has died, resigned, or
been expelled until a successor is elected. The Clerk shall perform
similar duties in the event that a vacancy is declared by the House in
any congressional district because of the incapacity of the person
representing such district or other reason. Whenever the Clerk is acting
as a supervisory authority over such staff, he shall have authority to
terminate employees and, with the approval of the Committee on House
Administration, may appoint such staff as is required to operate the
office until a successor is elected.
(2) For 60 days following the death of a former Speaker, the Clerk
shall maintain on the House payroll, and shall supervise in the same
manner, staff appointed under House Resolution 1238, Ninety-first
Congress (as enacted into perma
[[Page 354]]
nent law by chapter VIII of the Supplemental Appropriations Act, 1971)
(2 U.S.C. 31b-5).
Before the House recodified its rules in the 106th Congress, this
paragraph was found in former clause 6 of rule III (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted initially in the 98th Congress (H. Res.
5, Jan. 3, 1983, p. 34). It was amended in the 104th and 106th
Congresses to reflect changes in the name of the Committee on House
Administration (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5,
Jan. 6, 1999, p. ----).
- (j) In <> addition to any other
reports required by the Speaker or the Committee on House
Administration, the Clerk shall report to the Committee on House
Administration not later than 45 days following the close of each
semiannual period ending on June 30 or on December 31 on the financial
and operational status of each function under the jurisdiction of the
Clerk. Each report shall include financial statements and a description
or explanation of current operations, the implementation of new policies
and procedures, and future plans for each function.
(k) <> The Clerk shall fully
cooperate with the appropriate offices and persons in the performance of
reviews and audits of financial records and administrative operations.
Before the House recodified its rules in the 106th Congress,
paragraphs (j) and (k) were found in former clauses 7 and 8 of rule III
(H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
104th Congress (sec. 201(b), H. Res. 6, Jan. 4, 1995, p. 463). A
conforming change was effected at the beginning of the 106th Congress in
the name of the Committee on House Administration (H. Res. 5, Jan. 6,
1999, p. ----).
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
[[Page 355]]
right to examine the actual financial records that are used in preparing
such reports (Trimble v. Johnston, 173 F. Supp. 651, D.C. Cir. 1959).
Sergeant-at-Arms--
3. (a) <>
The Sergeant-at-Arms shall attend the House during its sittings and
maintain order under the direction of the Speaker or other presiding
officer. The Sergeant-at-Arms shall execute the commands of the House,
and all processes issued by authority thereof, directed to him by the
Speaker.
Before the House recodified its rules in the 106th Congress, this
paragraph was found in former clause 1 of rule IV (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted initially in 1789, with additions and
amendments in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971.
Amendments adopted in the 92d Congress clarified the responsibility of
the Sergeant-at-Arms to keep the accounts for the pay and mileage of the
Delegates from the District of Columbia, Guam, and the Virgin Islands
and the Resident Commissioner from Puerto Rico as well as for Members
(H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
36013-15). In the 94th Congress, the provisions of House Resolution 732,
directing the Sergeant-at-Arms to enter into agreements with State
officials, with the approval of the Committee on House Administration,
to withhold State income taxes from the pay of each Member subject to
such State income tax and requesting such withholding, were enacted into
permanent law (90 Stat. 1448; 2 U.S.C. 60e-1b). Former provisions of
this clause directing the Sergeant-at-Arms to keep the accounts for the
pay and mileage of Members and Delegates and the Resident Commissioner
from Puerto Rico were stricken by section 4 of the House Administrative
Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p.
9039), to relieve the Sergeant-at-Arms of functions to be transferred to
the Director of Non-legislative and Financial Services pursuant to
section 7 of that resolution (see Sec. 664, supra). During the 102d
Congress, the House adopted a resolution presented by the Majority
Leader as a question of the privileges of the House to terminate all
bank and check-cashing operations in the Office of the Sergeant-at-Arms
and direct the Committee on Standards of Official Conduct to review GAO
audits of such operations (Oct. 3, 1991, p. 25435). When former rule IV
was rewritten in the 104th Congress, clause 1 was restated without
change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
The Sergeant-at-Arms is authorized to make payments from the
contingent fund of the House (now referred to as ``applicable accounts
of the
[[Page 356]]
House described in clause 1(i)(1) of rule X''), under rules prescribed
by the Committee on House Administration, to defray the expenses of the
funeral of a deceased Member of the House and the expenses of any
delegation of Members of Congress duly appointed to attend (76 Stat.
686; 2 U.S.C. 124).
The Speaker ordered that documents received in a communication from an
independent counsel advising the House of substantial and credible
information that may constitute grounds for impeachment of the President
be kept under armed guard of the Sergeant-at-Arms until the House
determined which documents to make available to the public (Sept. 9,
1998, p. ----).
At the organization of the House in a new Congress the election of
Speaker occurs before the adoption of rules. Therefore this rule is not
in force at that time, and in case of necessity a special rule may be
adopted conferring the authority, as was done in 1849 and 1859 (I, 101,
102).
Duties are imposed on the Sergeant-at-Arms by law (I, 258): Control of
Capitol police; and the making up of the roll of Members-elect and
presiding over the organization of a new Congress in case of vacancy in
the Office of the Clerk, or the absence or disability of that officer (2
U.S.C. 26). The death of the Sergeant-at-Arms being announced, the House
passed appropriate resolutions and adjourned as a mark of respect (VI,
32; July 8, 1953, p. 8263). The Clerk having died, and in the absence of
the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
the organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
Congress the Sergeant-at-Arms having died, the Clerk was elected to
serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
8242), and upon resignation by the Clerk from his additional position of
Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a
temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
having resigned in the 96th Congress, the Speaker appointed a temporary
Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
and the same occurred in the 102d Congress (Mar. 12, 1992, p. 5519).
Instance where the Senate by resolution removed its Sergeant-at-Arms
(VI, 37).
-- <> (b) The symbol of the office of the Sergeant-at-Arms shall
be the mace, which shall be borne by him while enforcing order on the
floor.
Before the House recodified its rules in the 106th Congress, this
paragraph was found in former clause 2 of rule IV (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted initially in 1789 (II, 1346). When former
rule IV was rewritten entirely in the 104th Congress, the paragraph was
restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
An attempt to enforce order without the mace gave rise to a question of
privilege (II,
[[Page 357]]
1347). Extreme disorder arising on the floor, the Speaker directed the
Sergeant-at-Arms to enforce order with the mace (VI, 258; VIII, 2530).
(c) <> The Sergeant-at-Arms shall
enforce strictly the rules relating to the privileges of the Hall of the
House and be responsible to the House for the official conduct of his
employees.
(d) The Sergeant-at-Arms may not allow a person to enter the room over
the Hall of the House during its sittings; and from 15 minutes before
the hour of the meeting of the House each day until 10 minutes after
adjournment, he shall see that the floor is cleared of all persons
except those privileged to remain.
Before the House recodified its rules in the 106th Congress,
paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV
(H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
104th Congress to transfer functions incident to the abolishment of the
Office of the Doorkeeper (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
For the history of the Office of the Doorkeeper, see Sec. 663a, infra.
- (e) <> In addition to any other
reports required by the Speaker or the Committee on House
Administration, the Sergeant-at-Arms shall report to the Committee on
House Administration not later than 45 days following the close of each
semiannual period ending on June 30 or on December 31 on the financial
and operational status of each function under the jurisdiction of the
Sergeant-at-Arms. Each report shall include financial statements and a
description or explanation of current operations, the implementation of
new policies and procedures, and future plans for each function.
[[Page 358]]
(f) The <> Sergeant-at-Arms
shall fully cooperate with the appropriate offices and persons in the
performance of reviews and audits of financial records and
administrative operations.
Before the House recodified its rules in the 106th Congress,
paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV
(H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A
conforming change was effected at the beginning of the 106th Congress in
the name of the Committee on House Administration (H. Res. 5, Jan. 6,
1999, p. ----).
Chief Administrative Officer
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.-
(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.
(c) <> The Chief
Administrative Officer shall fully cooperate with the appropriate
offices and persons in the perform
[[Page 359]]
ance of reviews and audits of financial records and administrative
operations.
Before the House recodified its rules in the 106th Congress, clause 4
was found in former rule V (H. Res. 5, Jan. 6, 1999, p. ----). It was
adopted initially in this form in the 104th Congress (sec. 201(c), H.
Res. 6, Jan. 4, 1995, p. 463). It was amended in the 105th Congress to
eliminate the supervisory role of the Speaker over the Chief
Administrative Officer (H. Res. 5, Jan. 7, 1997, p. ----). A conforming
change was effected at the beginning of the 106th Congress in the name
of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. --
--). 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. ----). 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.
Before <> the 104th
Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V
enumerated the duties of the Doorkeeper, who enforced the rules relating
to the privileges of the Hall of the House. The earlier form of the rule
was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V,
7295). By law the Doorkeeper was assigned certain administrative duties
(I, 262), including certain housekeeping functions. Through his
employees and appointees, the Doorkeeper also discharged various duties
not enumerated in the law or in the rules, such as announcing at the
door of the Hall of the House all messengers from the President and the
Senate (V, 6591). The Clerk having died, and the Sergeant-at-Arms having
been absent, the Doorkeeper of the 79th Congress presided at the
organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th
Congress, the House adopted a resolution on the death of the Doorkeeper
and appointed a committee to attend his funeral (Jan. 28, 1943, pp. 421-
22).-
The Chief <> Administrative Officer supplanted the Director of
Non-legislative and Financial Services formerly provided for under
clause 1 of rule VI in the 103d Congress, which corresponded to an
erstwhile rule LII of the 102d Congress. Certain functions and entities
formerly within the purview of elected officers were transferred to the
Director of Non-legislative and Financial Services pursuant to section 7
of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr.
9, 1992, p. 9040). Section 7(b) of that resolution vested the Committee
on House Administration with authority to prescribe regulations
providing for the orderly transfer of such functions and entities and
any other transfers necessary for the improvement of non-legislative and
financial services in the House, so long as not transferring a function
or entity within the jurisdiction of the committee under rule X. Section
13 of the resolution provided that
[[Page 360]]
previous responsibility for a function or entity would remain fixed
until such function or entity were transferred. Pursuant to clause 1 of
rule VI of the 103d Congress (then still designated as rule LII of the
102d Congress), the Speaker, the Majority Leader, and the Minority
Leader jointly appointed the first Director of Non-legislative and
Financial Services of the House on October 23, 1992 (Oct. 29, 1992, p.
34802).
Chaplain
5. The <> Chaplain shall offer a
prayer at the commencement of each day's sitting of the House.
Before the House recodified its rules in the 106th Congress, this
clause was found in former rule VII (H. Res. 5, Jan. 6, 1999, p. ----).
It was adopted initially in 1880 (I, 272), but the sessions of the House
were opened with prayer from the first, and the Chaplain was an officer
of the House before the adoption of the rule (I, 273-282). The Chaplain
takes the oath prescribed for the officers of the House (VI, 31; Feb. 1,
1950, p. 1311). Prayer by the Chaplain is not business requiring the
presence of a quorum and the Speaker declines to entertain a point of no
quorum before prayer is offered (VI, 663; clause 7(a)(1) of rule XX).
There is no precedent for prayer to be offered by the Chaplain during a
continuous session of the House, absent an adjournment or recess
(compare Apr. 22 and 23, 1985, pp. 8753 and 8959). Form of resignation
of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097; Mar.
23, 2000, p. ----). The election of a Chaplain emeritus (VI, 31; Jan.
30, 1950, p. 1095; Nov. 10, 1999, p. ----).
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).
Office of 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.
[[Page 361]]
(c) Subject to the policy direction and oversight of the Committee on
House Administration, the Inspector General shall only--
(1) conduct periodic audits of the financial and administrative
functions of the House and of joint entities;
(2) inform the officers or other officials who are the subject of
an audit of the results of that audit and suggesting appropriate
curative actions;
(3) simultaneously notify the Speaker, the Majority Leader, the
Minority Leader, and the chairman and ranking minority member of the
Committee on House Administration in the case of any financial
irregularity discovered in the course of carrying out responsibilities
under this clause;
(4) simultaneously submit to the Speaker, the Majority Leader, the
Minority Leader, and the chairman and ranking minority member of the
Committee on House Administration a report of each audit conducted under
this clause; and
(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.
[[Page 362]]
Before the House recodified its rules in the 106th Congress, this
clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. ----).
It was adopted initially in this form at the beginning of the 104th
Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Later in the
104th Congress and in the 106th Congress it was amended to effect a
technical correction (H. Res. 254, Nov. 30, 1995, p. 35077; H. Res. 5,
Jan. 6, 1999, p. ----). Its predecessor form was composed in the 103d
Congress (H. Res. 5, Jan. 5, 1993, p. 49) by combining two rules adopted
in the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d
Cong., Apr. 9, 1992, p. 9040). For the history of former rule VI before
1992, see Sec. 668, infra.
In the form of the rule adopted in the 103d Congress, paragraph (a)
(former clause 1) corresponded to an erstwhile rule LII of the 102d
Congress (relating to the Director of Non-legislative and Financial
Services, who in the 104th Congress was supplanted by the Chief
Administrative Officer; see clause 4 of rule II, Sec. Sec. 661-663,
supra), and paragraph (b) (former clause 2) corresponded to an erstwhile
rule LIII of the 102d Congress (relating to the Inspector General). The
104th Congress rewrote clause 2 of rule VI (as it was composed in the
103d Congress) to occupy all of rule VI and to: broaden the auditing
responsibilities beyond the offices of the elected officers (paragraph
(c)(1), former clause 2(c)(1)); add requirements for simultaneous
reporting (paragraphs (c)(3) and (4), former clauses 2(c)(3) and (4));
delete a provision relating to classification of employees (former
clause 2(d)); and add the responsibility to report certain information
to the Committee on Standards of Official Conduct (paragraph (c)(5))
(sec. 201, H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also
mandated that the Inspector General, in consultation with the Speaker
and the Committee on House Administration, procure an independent and
comprehensive audit of House financial records and administrative
operations and report the results thereof in accord with this rule (sec.
107, H. Res. 6, Jan. 4, 1995, p. 463).
Pursuant to clause 2(b) of the form of the rule adopted in the 103d
Congress, the Speaker, the Majority Leader, and the Minority Leader
jointly appointed the first Inspector General of the House of
Representatives (Nov. 10, 1993, p. 28591).
Until <> the 102d
Congress, former rule VI provided for an Office of the Postmaster, who
superintended the post offices of the House and the delivery of its
mail. The earlier form of the rule was adopted in 1838 and amended in
1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and
1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the
Postmaster was abolished during the 102d Congress by sections 2 and 5 of
the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9,
1992, p. 9040).
[[Page 363]]
Office of the 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.
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 10 of rule I (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted initially in the 101st Congress (H. Res.
5, Jan. 3, 1989, p. 72). The second sentence was added in the 106th
Congress (H. Res. 5, Jan. 6, 1999, p. ----). An earlier form of this
clause provided for the seven-year establishment of an Office for the
Bicentennial to coordinate the commemoration of the two-hundredth
anniversary of the House of Representatives (H. Res. 621, 97th Cong.,
Dec. 17, 1982, p. 31951). The management, supervision, and
administration of the office was under the direction of the Speaker and
was staffed by a professional historian appointed by the Speaker on a
nonpartisan basis. In 1984 the Office of the Bicentennial was removed
from the standing rules and established by law for the remainder of its
existence in P.L. 98-367 (2 U.S.C. 29c).
Office of General Counsel
8. <> There is established an Office of
General Counsel for the purpose of providing legal assistance and
representation to the House. Legal assistance and representation shall
be provided without regard to political affiliation. The Office of
General Counsel shall function pursuant to the direction of the Speaker,
who shall consult with a Bipartisan Legal Advisory Group, which shall
include the majority and minority leaderships. The Speaker shall appoint
and set the annual rate of pay for employees of the Office of General
Counsel.
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6,
1999, p. ----). It was adopted intially in the 103d Congress (H. Res. 5,
Jan. 5, 1993,
[[Page 364]]
p. 49). The previous year, in section 12 of the House Administrative
Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040), the
House had directed the Committee on House Administration to provide for
an Office of General Counsel in a manner ensuring appropriate
coordination with and participation by both the majority and minority
leaderships in matters of representation and litigation.
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)).