Rules of The House of Representatives of The United States
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.
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.
(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.
(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
(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.
(d)(1) The Clerk shall attest and affix
the seal of the House to all writs, warrants,
and subpoenas issued by order of
the House and certify the passage of all
bills and joint resolutions.
(2) The Clerk shall examine all bills,
amendments, and joint resolutions
after passage by the House and, in cooperation
with the Senate, examine all
bills and joint resolutions that have
passed both Houses to see that they are
correctly enrolled and forthwith
present those bills and joint resolutions
that originated in the House to
the President in person after their signature
by the Speaker and the President
of the Senate, and report to the
House the fact and date of their presentment.
(e) The Clerk shall cause the calendars
of the House to be distributed
each legislative day.
(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 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.
(g) The Clerk shall provide for his
temporary absence or disability by designating
an official in the Office of the
Clerk to sign all papers that may require
the official signature of the Clerk
and to perform all other official acts
that the Clerk may be required to perform
under the rules and practices of
the House, except such official acts as
are provided for by statute. Official
acts performed by the designated official
shall be under the name of the
Clerk. The designation shall be in writing
and shall be laid before the House
and entered on the Journal.
(h) The Clerk may receive messages
from the President and from the Senate
at any time when the House is not
in session.
(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 permanent law by chapter VIII of
the Supplemental Appropriations Act,
1971) (2 U.S.C. 31b-5).
(j) In addition to any other reports
required by the Speaker or the Committee
on House Administration, the
Clerk shall report to the Committee on
House Administration not later than 45
days following the 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.
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.
(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.
(c) The Sergeant-at-Arms shall enforce
strictly the rules relating to the
privileges of the Hall of the House and
be responsible to the House for the official
conduct of his employees.
(d) The Sergeant-at-Arms may not
allow a person to enter the room over
the Hall of the House during its
sittings; and from 15 minutes before
the hour of the meeting of the House
each day until 10 minutes after adjournment,
he shall see that the floor
is cleared of all persons except those
privileged to remain.
(e) In addition to any other reports
required by the Speaker or the Committee
on House Administration, the
Sergeant-at-Arms shall report to the
Committee on House Administration
not later than 45 days following the
close of each semiannual period ending
on June 30 or on December 31 on the financial
and operational status of each
function under the jurisdiction of the
Sergeant-at-Arms. Each report shall
include financial statements and a description
or explanation of current operations,
the implementation of new
policies and procedures, and future
plans for each function.
(f) The Sergeant-at-Arms shall fully
cooperate with the appropriate offices
and persons in the performance of reviews
and audits of financial records
and administrative operations.
Chief Administrative Officer
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 performance
of reviews and audits of financial
records and administrative operations.
Chaplain
5. The Chaplain shall offer a prayer at the commencement of each day's sitting of the House.
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.
(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.
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.
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.
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