[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress] [110th Congress] [House Document 109-157] [Rules of the House of Representatives] [Pages 356-375] [From the U.S. Government Printing Office, www.gpo.gov] Rule II Elections other officers and officials [[Page 357]] 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.
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 |
641. Clerk; commencement of first session. | 2. (a) At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates, and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system. Pending the election of a Speaker or Speaker pro tempore, the Clerk shall preserve order and decorum and decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner. |
Sec. 642. Other duties of the Clerk. | Various administrative duties, similar to those specified in this clause, are imposed on the Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat. 812); and the law also makes it his duty to furnish stationery, blank books, etc., to the committees and officers of the House (V, 7322); to exercise discretionary authority as to reprinting of bills and documents (V, 7319); to receive the testimony taken in election contests (I, 703, 705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat. 284), to serve as an ex officio member of the Federal Election Commission established pursuant to Public Law 94-283; 2 U.S.C. 437c; and to make certain reports on receipts and expenditures (2 U.S.C. 102, 103, 113; see Sec. 655, infra). Instance of Clerk serving temporarily also as Sergeant-at-Arms (July 8, 1953, p. 8242). |
Sec. 643. Clerk's duties at organization. | As rules are not usually adopted until after the election of the Speaker, this paragraph is not in force at the time of organization of a new House. The procedure at organization does, however, follow a practice conforming to the terms of the paragraph (I, 81), although the House may depart from it. Since the 97th Congress, for example, the House has permitted by unanimous consent the alphabetical roll call of Members by States to be conducted by electronic device to establish a quorum (Jan. 5, 1981, pp. 93-96). For a discussion of procedure in the House before the adoption of rules, including the procedure by which the Clerk conducts the election of the Speaker, see Sec. Sec. 27, 60, supra. The Clerk, in presiding before the election of the Speaker, recognizes Members (I, 74). The Members-elect have 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). |
Sec. 644. The roll of Memberselect. | The roll of Members is made up by the Clerk from the credentials, in accordance with a provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of election in due form having been filed, the Clerk placed the name of the Member-elect on the roll, although he was subsequently advised that a State Supreme Court had issued a writ restraining the Secretary of State from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll may not be interrupted, especially by one not on that roll (I, 84), and a person not on the roll may not be recognized (I, 86). A motion to proceed to the election of the Speaker is of higher privilege than a motion to correct the |
Sec. 645. Clerk as presiding officer at organizations. | In early years the authority of the Clerk to decide questions of order pending the election of a Speaker was questioned (I, 65). The Clerks often declined to make decisions (I, 68-72; V, 5325). However, in 1855 and 1997 the Clerk decided a question of order; and in 1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, pp. 115, 116). During the existence of a rule that applied the rules of a prior House to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the Clerks made several rulings (I, 76, 77; VI, 623). |
Sec. 646. Clerk furnishes a list of reports. | (b) At the commencement of every regular session of Congress, the Clerk shall make and cause to be delivered to each Member, Delegate, and the Resident Commissioner a list of the reports that any officer or Department is required to make to Congress, citing the law or resolution in which the requirement may be contained and placing under the name of each officer the list of reports he is required to make. |
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; |
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. |
Sec. 649. Calendars distributed. | (e) The Clerk shall cause the calendars of the House to be distributed each legislative day. |
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 |
Sec. 651. Official to act as Clerk upon designation. | (g) The Clerk shall provide for his temporary absence or disability by designating an official in the Office of the Clerk to sign all papers that may require the official signature of the Clerk and to perform all other official acts that the Clerk may be required to perform under the rules and practices of the House, except such official acts as are provided for by statute. Official acts performed by the designated official shall be under the name of the Clerk. The designation shall be in writing and shall be laid before the House and entered on the Journal. |
Sec. 652. Authority to receive messages. | (h) The Clerk may receive messages from the President and from the Senate at any time when the House is not in session. |
Sec. 653. Administration of vacant Member's office. | (i)(1) The Clerk shall supervise the staff and manage the office of a Member, Delegate, or Resident Commissioner who has died, resigned, or been expelled until a successor is elected. The Clerk shall perform similar duties in the event that a vacancy is declared by the House in any congressional district because of the incapacity of the person representing such district or other reason. Whenever the Clerk is acting as a supervisory authority over such staff, he shall have authority to terminate employees and, with the approval of the Committee on House Administration, may appoint such staff as is required to operate the office until a successor is elected. |
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. |
656. SergeantatArms enforces authority of House. | 3. (a) The Sergeant-at-Arms shall attend the House during its sittings and maintain order under the direction of the Speaker or other presiding officer. The Sergeant-at-Arms shall execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. |
Sec. 658. Doorkeeping. | (c) The Sergeant-at-Arms shall enforce strictly the rules relating to the privileges of the Hall of the House and be responsible to the House for the official conduct of his employees. |
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. |
661. Duties. | 4. (a) The Chief Administrative Officer shall have operational and financial responsibility for functions as assigned by the Committee on House Administra |
Sec. 662. Semiannual reports. | (b) In addition to any other reports required by the Committee on House Administration, the Chief Administrative Officer shall report to the Committee on House Administration not later than 45 days following the close of each semiannual period ending on June 30 or December 31 on the financial and operational status of each function under the jurisdiction of the Chief Administrative Officer. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. |
Sec. 663. Cooperation with others. | (c) The Chief Administrative Officer shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. |
Sec. 663a. Former Office of Doorkeeper. | Before the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V enumerated the duties of the Doorkeeper, who enforced the rules relating to the privileges of the Hall of the House. The earlier form of the rule was adopted |
Sec. 664. Former Director of Nonlegislative and Financial Services. | The Chief Administrative Officer supplanted the Director of Non-legislative and Financial Services formerly provided for under clause 1 of rule VI in the 103d Congress, which corresponded to an erstwhile rule LII of the 102d Congress. Certain functions and entities formerly within the purview of elected officers were transferred to the Director of Non-legislative and Financial Services pursuant to section 7 of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040). Section 7(b) of that resolution vested the Committee on House Administration with authority to prescribe regulations providing for the orderly transfer of such functions and entities and any other transfers necessary for the improvement of non-legislative and financial services in the House, so long as not transferring a function or entity within the jurisdiction of the committee under rule X. Section 13 of the resolution provided that 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). |
665. Duties of the Chaplain. | 5. The Chaplain shall offer a prayer at the commencement of each day's sitting of the House. |
667. Inspector General. | 6. (a) There is established an Office of Inspector General. |
Sec. 668. Former Office of the Postmaster. | Until the 102d Congress, former rule VI provided for an Office of the Postmaster, who superintended the post offices of the House and the delivery of its mail. The earlier form of the rule was adopted in 1838 and amended in 1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and 1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the Postmaster was abolished during the 102d Congress by sections 2 and 5 of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040). |
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. |
670. General Counsel. | 8. There is established an Office of General Counsel for the purpose of providing legal assistance and representation to the House. Legal assistance and representation shall be provided without regard to political affiliation. The Office of General Counsel shall function pursuant to the direction of the Speaker, who shall consult with a Bipartisan Legal Advisory Group, which shall include the majority and minority leaderships. The Speaker shall appoint and set the annual rate of pay for employees of the Office of General Counsel. |