[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[C. House Officers]
[Â§ 18. Duties of the Clerk]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 583-599]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 18. Duties of the Clerk

    The duties of the Clerk are prescribed by statute and by the rules 
of the House.(19) The Clerk's responsibilities include (1) 
preparing for and presiding at the commencement of Congress and after 
the death of a Speaker;(20) (2) assisting the House in 
legislative and nonlegislative business;(1) (3) receiving 
and submit

[[Page 584]]

ting documents;(2) (4) assisting individual 
Members;(3) and (5) paying the officers and employees of the 
House.(4)
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19. See Rule III, House Rules and Manual Sec. Sec. 637-647 (1973) for 
        general duties of the Clerk.
20. See Rule III clause 1, House Rules and Manual Sec. Sec. 637, 638 
        (1973); 2 USC Sec. 26.
 1. See, for example, Rule III clause 3, House Rules and Manual 
        Sec. Sec. 641-646 (1973), 2 USC Sec. 109, and Sec. Sec. 18.3-
        18.8, infra.
 2. See Sec. 23.8, infra, for a discussion of the procedure when the 
        Clerk receives a subpena.
 3. See, for example, Rule III clause 2, House Rules and Manual 
        Sec. 640 (1973) and 2 USC Sec. 26; see also Sec. 18.9, infra.
 4. See for example Rule III clause 3, House Rules and Manual Sec. 646 
        (1973) and 2 USC Sec. Sec. 60d and 60e; see also Sec.  18.10, 
        infra.
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    Prior to the commencement of the first session of each Congress, 
the Clerk prepares the roll of Representatives-elect.(5) At 
the first session of each Congress,(6) he calls Members to 
order, calls the roll of Members by states in alphabetical order, and 
pending the election of a Speaker or Speaker pro tempore, preserves 
order and decides all questions of order subject to appeal by any 
Member.
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 5. 2 USC Sec. 26. See, generally, Chs. 1 and 2, supra.
 6. Rule III clause 1, House Rules and Manual Sec. Sec. 637-639 (1973).
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    The Clerk also announces receipt of credentials, recognizes 
nominations for Speaker, appoints tellers for the roll call vote for 
Speaker, announces the vote, and appoints a committee to escort the 
Speaker-elect to the Chair.(7)
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 7. See Sec. Sec. 18.1, 18.2, infra, relating to announcing 
        credentials. Generally, see Ch. 1, supra.
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    To assist the House in its consideration of bills and resolutions, 
the Clerk,(8) notes all questions of order and decisions 
thereon and places them in the Journal, which he prints and distributes 
at the close of each session, and certifies to the passage of all bills 
and resolutions. He allows no papers out of his custody(9) 
except by order of the House;(10) reports disorderly words 
of a Member who has been called to order;(11) reads 
bills;(12) makes corrections during engrossment of a bill 
when authorized by the House;(13) reads names 
alphabetically;(14) and presents enrolled bills to the 
Speaker for signature and transmits them to the Senate.(15)
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 8. Rule III clause 3, House Rules and Manual Sec. Sec. 641, 643 
        (1973).
 9. See Jefferson's Manual, House Rules and Manual Sec. 352 (1973).
10. Rule XXXVII, House Rules and Manual Sec. 933 (1973).
11. Jefferson's Manual, House Rules and Manual Sec. 368, and Rule XIV 
        clause 5, Sec. 761 (1973).
12. Jefferson's Manual, House Rules and Manual Sec. 428 (1973).
13. Jefferson's Manual, House Rules and Manual Sec. 479 (1973).
14. Jefferson's Manual, Sec. 504, and Rule XV clause 1, House Rules and 
        Manual Sec. 765 (1973).
15. Jefferson's Manual, House Rules and Manual Sec. 575 (1973).
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    The Clerk announces pairs after votes;(16) places bills 
on the Con

[[Page 585]]

sent Calendar;(17) reads motions;(18) receives 
all petitions, memorials, and private bills;(19) transmits 
copies of amendments offered in the Committee of the Whole to the 
majority and minority tables and cloakrooms;(20) retains 
custody of discharge petitions and provides a place where Members may 
sign them;(1) and supervises the preparation of the Daily 
Record which includes legislative programs and committee meetings for 
each day.(2)
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16. Rule VIII clause 2, House Rules and Manual Sec. 660 (1973).
17. Rule XIII clauses 2 and 4, respectively, House Rules and Manual 
        Sec. Sec. 743, 746 (1973).
18. Rule XVI clause 2, House Rules and Manual Sec. 776 (1973).
19. Rule XXII clause 1, House Rules and Manual Sec. 849 (1973).
20. Rule XXIII clause 5, House Rules and Manual Sec. 870 (1973).
 1. Rule XXVII clause 4, House Rules and Manual Sec. 908 (1973).
 2. 44 USC Sec. 905.
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    The Clerk assists the House by performing duties not directly 
related to consideration of bills and resolutions. For example, he 
makes or approves all agreements relative to furnishing any matter or 
thing, or for the performance of any labor for the House;(3) 
attests and affixes the seal of the House to all writs, warrants, and 
subpenas issued by order of the House;(4) retains in his 
office library two copies of all books and documents deposited 
there;(5) designates an official in his office to serve as 
Clerk during his temporary absence;(6) receives reports of 
personnel and accounting of funds from committees;(7) 
receives all documents referred to and evidence taken by committees 
after the final adjournment of Congress;(8) obtains all 
noncurrent records of the House and each

[[Page 586]]

committee and transfers them to the General Services Administration for 
preservation subject to House order;(9) sends to each state 
Governor a certificate informing him of the number of Representatives 
to which his state is entitled following each decennial 
census;(10) arranges with the Board of Education of the 
District of Columbia for the education of congressional and Supreme 
Court pages;(11) operates the House recording 
studio;(12) and obtains stationery.(13)
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 3. Rule III clause 3, House Rules and Manual Sec. 644 (1973).
            The Clerk must purchase American goods in preference to 
        foreign goods of similar quality (2 USC Sec.  109) and is 
        prohibited from using House funds for expenses of the House 
        barbershops (2 USC Sec. 96).
            The Clerk, not the Assistant Postmaster, was held to be 
        responsible for making contracts following the death of the 
        Postmaster (5 Hinds' Precedents Sec. 7235).
 4. Rule III clause 3, House Rules and Manual Sec. 642 (1973).
 5. Rule III clause 3, House Rules and Manual Sec. 641 (1973).
 6. Rule III clause 4, House Rules and Manual Sec. 647 (1973). See 6 
        Cannon's Precedents Sec. 26 for form of this designation; see 
        also Sec. 18.17, infra, for a resolution authorizing the Clerk 
        to designate a subordinate to perform his duties.
 7. Rule XI clause 30, House Rules and Manual Sec. 738 (1973).
 8. Rule XXXVI clause 1, House Rules and Manual Sec. 932 (1973). See 
        Sec. 18.16, infra, for form of Clerk's report of committee 
        reports received during an adjournment.
 9. Rule XXXVI clause 2, House Rules and Manual Sec.  932 (1973) and 44 
        USC Sec.  2114.
10. 2 USC Sec. 2a.
11. 2 USC Sec. 88a.
12. 2 USC Sec. 123c.
13. 2 USC Sec. 100; 44 USC Sec. 734. See also 5 Hinds' Precedents 
        Sec. 7322.
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    The Clerk is required both to submit and receive certain documents. 
For example, he submits to the House at the commencement of each 
Congress detailed statements disclosing names of clerks employed in his 
office and expenditures from the contingent fund.(14) He 
also reports amounts received and expended by his 
office,(15) as well as receipts and expenditures of funds 
available for disbursement.(16) He also submits accounts to 
the General Accounting Office monthly(17) and 
quarterly.(18)
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14. 2 USC Sec. 102.
            See Sec.  18.12, infra, which stases that responsibility 
        for printing this report has been assumed by the Committee on 
        House Administration.
15. 2 USC Sec. Sec. 103, 113.
16. The Clerk is authorized to require from his subordinate disbursing 
        officers precise and analytical statements and receipts for all 
        funds expended by them (2 USC Sec. 103). 2 USC Sec. 104a.
17. 31 USC Sec. 496.
18. 31 USC Sec. 497. 31 USC Sec. 72 (paragraph 8) provides that the 
        General Accounting Office shall receive the accounts of the 
        House of Representatives and certify balances arising thereon 
        to the Clerk.
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    The Clerk receives records and other documents in connection with 
campaigns for the House,(19) lobbying,(20) 
contested elections,(1) and contractual actions for national 
defense from each department and agency.(2)
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19. See 2 USC Sec. Sec. 431 et seq., which require the Clerk to receive 
        reports from political committees and candidates and prescribes 
        information to be disclosed by them.
20. See 2 USC Sec. Sec. 261 et seq., which require the Clerk to receive 
        registration information from lobbyists and statements of 
        accounts from persons receiving contributions.
 1. See 2 USC Sec. Sec. 381 et seq., which require the Clerk to receive 
        notice of contested elections and all documents and depositions 
        relating to such contests.
 2. 50 USC Sec. 1434(b).

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[[Page 587]]

    The Clerk performs many duties for the House membership. For 
example, he furnishes a list of reports required to be made to 
Congress.(3) He procures postage,(4) approves 
vouchers for payment of home district office expenses,(5) 
furnishes electrical and mechanical office equipment,(6) and 
reimburses Members a fixed amount for long distance telephone 
calls.(7)
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 3. Rule III clause 2, House Rules and Manual Sec.  640 (1973).
 4. 2 USC Sec. 42.
 5. 2 USC Sec. Sec. 22, 56.
 6. 2 USC Sec. 112e.
 7. 2 USC Sec. 46g-1.
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    The Clerk pays the officers and employees of the 
House,(8) as well as clerks designated by the 
membership.(9)
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 8. 2 USC Sec. Sec. 60d and 60e. See also Rule III clause 3, House 
        Rules and Manual Sec. 646 (1973).
 9.  2 USC Sec.  92.
            The Clerk makes a monthly certificate stating whether 
        persons listed as employees were actually present (2 USC Sec.  
        89) and is authorized to withhold from compensation any amount 
        which an employee owes to the House (2 USC Sec.  89a).
            Congress enacted two statutes dealing with continuity of 
        disbursement. One, codified as 2 USC Sec. 75a, authorizes the 
        disbursing clerk to continue the accounts, make payments, and 
        sign checks in the name of the former Clerk for a period not 
        extending beyond the quarter during which a new Clerk is 
        elected and qualified. The other, codified as 2 USC Sec. 49, 
        authorizes the Clerk to sign certificates for monthly 
        compensation during the recess between the first and second 
        sessions. the Speaker signs these certificates (2 USC Sec. 48) 
        when the House holds sessions.
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Duties Prior to Election of a Speaker

Sec. 18.1 The Clerk, after receiving a certificate of election filed in 
    due form, has placed the name of the Member so named on the roll 
    notwithstanding the fact that the secretary of state of the Member-
    elect's state was restrained by court order from certifying the 
    election of a Representative from that district.

    On Jan. 3, 1949,(10) the Clerk, Ralph R. Roberts, made 
the following announcement to the House:
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10. 95 Cong. Rec. 8, 81st Cong. 1st Sess.
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                  Statement Regarding Certain Credentials

        The Clerk: A certificate of election is on file in the Clerk's 
    office, showing the election of John C. Davies as a Representative-
    elect to the Eighty-first Congress from the Thirty-fifth 
    Congressional District of the State of New York.

        Several communications have been received from the executive 
    deputy sec

[[Page 588]]

    retary of state for the State of New York informing the Clerk that 
    a case is pending before the supreme court, Albany County, N. Y., 
    and that the said secretary of state is restrained from certifying 
    the election of a Representative from this congressional district. 
    However, in view of the fact that a certificate of election in due 
    form has been filed with the Clerk by John C. Davies, the Clerk has 
    therefore placed his name on the roll. . . .

    The Clerk made this announcement after the quorum call and before 
the election of the Speaker.(11)
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11. See Sec. 18.19, infra, for the form of the Clerk's announcement of 
        receipt of a certificate of election.
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Sec. 18.2 Following the death of a Speaker during a Congress, the Clerk 
    presides until a new Speaker is elected and appoints a committee to 
    escort the Speaker-elect to the Chair.(12)
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12. See Ch. 1, supra, for a discussion of the Clerk's duty to preside 
        until a Speaker is elected at the commencement of each 
        Congress.
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    On Thursday, June 4, 1936,(13) the Clerk, South Trimble, 
called the House to order and made the following announcement:
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13. 80 Cong. Rec. 9016, 9017, 74th Cong. 2d Sess.
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        The Clerk: Gentlemen of the House of Representatives, it 
    becomes my sad and painful duty to announce to the House the sudden 
    death of your beloved Speaker, the Honorable Joseph W. Byrns, a 
    Representative from the State of Tennessee.
        Speaker Byrns presided over the House on yesterday, presumably 
    in his accustomed good health, but shortly after his arrival at his 
    apartment he was stricken and soon thereafter passed away. In his 
    death this House has suffered the loss of an able, fair, and 
    impartial presiding officer; the country a legislator of long 
    experience, a statesman of courage and marked ability; and his 
    State of Tennessee a noteworthy citizen.
        The duty of selecting one to preside over the deliberations of 
    the House now rests upon you.
        Mr. [John J.] O'Connor [of New York]: Mr. Clerk, in view of the 
    unfortunate circumstances in which we find ourselves, and with no 
    disrespect to our beloved Speaker who has left us, it becomes 
    necessary, in order that the House may function and the machinery 
    of government may not stop, that the House proceed to the election 
    of a Speaker.
        I present the following resolution and move its adoption.
        The Clerk read as follows:

                              House Resolution 543

            Resolved, That Hon. William B. Bankhead, a Representative 
        from the State of Alabama, be, and he is hereby, elected 
        Speaker of the House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. William B. Bankhead as 
        Speaker of the House of Representatives.

        The Clerk: The question is on agreeing to the resolution.

[[Page 589]]

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Clerk: The Clerk appoints the gentleman from New York [Mr. 
    O'Connor], the gentleman from New York [Mr. Snell], and the 
    gentleman from Colorado [Mr. Taylor] to escort the gentleman from 
    Alabama [Mr. Bankhead] to the chair.
        The committee escorted Mr. Bankhead into the Chamber, and he 
    assumed the chair. The oath of office was administered to the 
    Speaker-elect by Mr. Sabath.(14)
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14. Parliamentarian's Note: Joseph W. Byrns (Tenn.) was the first 
        Speaker to die while Congress was in session. Speaker Michael 
        C. Kerr (Ind.) died on Aug. 19, 1876, between sessions. 
        Following the death of Speaker Kerr, the Clerk, George M. 
        Adams, called the House to order at the commencement of the 
        second session on Dec. 4, 1876 (see 5 Cong. Rec. 2-6, 44th 
        Cong. 2d Sess., and 1 Cannon's Precedents Sec.  214). Speaker 
        Henry T. Rainey (Ill.) died on Aug. 19, 1934, after the second 
        session of the 73d Congress had adjourned.
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    On Monday, Sept. 16, 1940,(15) the Clerk, South Trimble, 
called the House to order and made the following announcement:
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15. 86 Cong. Rec. 12231, 76th Cong. 3d Sess.
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        The Clerk: Members of the House of Representatives, it becomes 
    my sad and painful duty, as Clerk of the House of Representatives, 
    to inform you officially that your beloved Speaker [William B. 
    Bankhead, of Alabama] passed away yesterday morning at the Naval 
    Hospital in this city.
        America has lost one of her greatest statesmen and patriots, 
    the House of Representatives a most able and eloquent Speaker, and 
    the State of Alabama a noble and courageous son.
        In accordance with the rules and practices of the House of 
    Representatives, it now becomes the duty of this House to elect a 
    Speaker. What is the pleasure of this House?
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Clerk, in view 
    of the unfortunate circumstances in which the House finds itself, 
    and with a feeling of very profound respect for the memory of our 
    beloved Speaker who has left us, it becomes necessary, in order 
    that the House may continue to function and the machinery of 
    Government may go on, that the House proceed to the election of a 
    Speaker.
        I therefore offer the following resolution, and move its 
    adoption.
        The Clerk read as follows:

                              House Resolution 602

            Resolved, That Hon. Sam Rayburn, a Representative from the 
        State of Texas, be, and he is hereby, elected Speaker of the 
        House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Sam Rayburn as Speaker of the 
        House of Representatives.

        The resolution was agreed to.
        The Clerk: The Clerk appoints the gentleman from Massachusetts 
    [Mr. McCormack], the gentleman from Massachusetts [Mr. Martin], and 
    the gentleman from North Carolina [Mr. Doughton] to escort the 
    gentleman from Texas [Mr. Rayburn] to the chair.

[[Page 590]]

        The committee escorted Mr. Rayburn into the Chamber, and he 
    assumed the chair.
        The oath of office was administered to the Speaker-elect by Mr. 
    Sabath.
        Mr. [Robert L.] Doughton: Ladies and gentlemen of the House, I 
    present the newly elected Speaker of the House of Representatives, 
    a worthy successor to our late beloved Speaker the Honorable 
    William B. Bankhead, the gentleman from Texas [Mr. Rayburn].
        The Speaker: The Chaplain will offer prayer.

    On Jan. 10, 1962,(16) the Clerk, Ralph R. Roberts, 
called the House to order and made the following announcement:
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16. 108 Cong. Rec. 5, 87th Cong. 2d Sess.
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        Members of the House of Representatives, the time has arrived 
    for the meeting of the 2d session of the 87th Congress. Since the 
    last session of Congress the great and beloved Speaker of the House 
    [Sam Rayburn, of Texas] has departed this life.
        The Clerk of the House, in conformity with the rules, has 
    called the House to order for the purpose of electing a Speaker. 
    The roll will be called to ascertain whether a quorum is present.
        The Clerk will call the roll. . . .

    Following a quorum call, the Clerk proceeded to the election of the 
Speaker.

                            Election of Speaker

        The Clerk: Nominations for Speaker of the House of 
    Representatives are now in order.
        The Clerk recognizes the gentleman from Pennsylvania [Mr. 
    Francis Eugene Walter].
        Mr. Walter: Mr. Clerk, as chairman of the Democratic caucus I 
    am directed by the unanimous vote of that caucus to present for 
    election to the office of Speaker of the House of Representatives 
    the name of the Honorable John W. McCormack, a Representative from 
    the State of Massachusetts.
        The Clerk: The gentleman from Iowa [Mr. Hoeven] is recognized.
        Mr. [Charles B.] Hoeven: Mr. Clerk, by authority, by direction, 
    and by unanimous vote of the Republican conference, I nominate for 
    Speaker of the House of Representatives the Honorable Charles A. 
    Halleck, a Representative from the State of Indiana.
        The Clerk: The Honorable John W. McCormack of Massachusetts and 
    the Honorable Charles A. Halleck of Indiana have been nominated for 
    Speaker.
        Are there further nominations? [After a pause.] If there are no 
    further nominations, the Clerk will appoint the following Members 
    to act as tellers: the gentleman from Texas [Mr. Burleson]; the 
    gentlewoman from Missouri [Mrs. Sullivan]; the gentleman from Ohio 
    [Mr. Schenck]; and the gentlewoman from Tennessee [Mrs. Reece].
        The tellers will please take their places at the desk in front 
    of the Speaker's rostrum.
        The roll will now be called, and Members responding to their 
    names will indicate by surname the candidate of their choice.
        The Clerk will call the roll. . . .
        The Clerk: The tellers agree in their tally. The total number 
    of votes

[[Page 591]]

    cast was 414, of which the Honorable John W. McCormack received 
    248, and the Honorable Charles A. Halleck received 166. Two voted 
    ``present.'' Therefore, the Honorable John W. McCormack of 
    Massachusetts is the duly elected Speaker of the House of 
    Representatives for the 87th Congress.
        The Clerk appoints the following Members to escort the Speaker-
    elect to the Chair: The gentleman from Indiana [Mr. Halleck] and 
    the gentleman from Oklahoma [Mr. Albert].
        (The Doorkeeper announced the Speaker-elect of the House of 
    Representatives, who was escorted to the Chair by the committee of 
    escort.(17)
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17. Parliamentarian's Note: Speaker Rayburn presided over the House for 
        the last time on Aug. 30, 1961. On Aug. 31, 1961, John W. 
        McCormack by resolution was elected Speaker pro tempore 
        ``during the absence of the Speaker.''
            The first session of the 87th Congress adjourned sine die 
        on Sept. 27, 1961. Speaker Rayburn died on Nov. 16, 1961, in 
        Bonham, Tex.
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Reports to the House

Sec. 18.3 The Clerk reported to the House delivery of a message to the 
    Supreme Court.

    On Mar. 14, 1930,(18) the Clerk read the following 
letter:
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18. 72 Cong. Rec. 5330, 71st Cong. 2d Sess.
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        The Speaker of the House of Representatives.

            Sir: I have the honor to inform you that pursuant to the 
        direction of the House I did this day deliver to the Supreme 
        Court of the United States, in session, copies of the 
        resolutions adopted by the House of Representatives on March 
        10, 1930, expressing the sorrow of the House because of the 
        death of William Howard Taft, former Chief Justice, and of 
        Edward Terry Sanford, late associate justice of the Supreme 
        Court.
            Mr. Chief Justice Hughes, on behalf of the court expressed 
        appreciation of the action of the House of Representatives and 
        directed that the resolutions be spread upon the court's 
        records.

          Respectfully,

                                           William Tyler Page,
                                                    Clerk of the
                                         House of Representatives.

Sec. 18.4 The Clerk has reported to the House receipt of a message from 
    a former President.

    On June 16, 1969,(19) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following letter from the 
Clerk:

19. 115 Cong. Rec. 15822, 91st Cong. 1st Sess.
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                                                    June 11, 1969.
        The Honorable the Speaker,
        U.S. House of Representatives.

            Dear Sir: I have the honor to transmit herewith a letter of 
        thanks to the Members of the House of Representatives from the 
        Honorable Harry S. Truman, for the resolution of the Congress 
        of the United States of America extending best wishes on the 
        occasion of Mr. Truman's 85th birthday.
            With kindest regards, I am,

[[Page 592]]

              Sincerely,

                                              W. Pat Jennings,    
                                                          Clerk,  
                                    U.S. House of Representatives.

Roll Call Duties

Sec. 18.5 Prior to implementation of electronic voting, the Clerk 
    called the roll at the direction of the Chair when the Committee of 
    the Whole lacked a quorum.

    On May 3, 1933,(20), the Clerk called the roll after 
receiving a direction from the Chair, Samuel Davis McReynolds, of 
Tennessee. Chairman McReynolds had overruled a point of order that the 
roll call was not in order in the Committee of the Whole. The Committee 
did not have a quorum and rejected a motion to rise. The Chair ordered 
the roll call pursuant to Rule XXIII clause 2, of the House Rules and 
Manual.(1)
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20. 77 Cong. Rec. 2834, 73d Cong. 1st Sess.
 1. Under the electronic voting system adopted in January 1973, the 
        Chairman ordinarily directs the Members to record their 
        presence by electronic device when the Committee of the Whole 
        lacks a quorum, thereby obviating the need for the Clerk to 
        call the roll. See Rule XXIII clause 2, House Rules and Manual 
        Sec. 863 (1973). Generally, see Ch. 30, infra, noting that the 
        Clerk still calls the roll under certain circumstances.
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Renumbering of Bill Sections

Sec. 18.6 During a meeting of the House, but not the Committee of the 
    Whole, the Clerk may be authorized to renumber sections of a bill 
    following an amendment made in the Committee.

    On Apr. 29, 1969,(2) a Member, Hastings Keith, of 
Massachusetts, made a parliamentary inquiry regarding the Clerk's 
authority to renumber sections of a bill:
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 2. 115 Cong. Rec. 10753, 91st Cong. 1st Sess.
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        Mr. Keith: Mr. Chairman, I, of course, have no objection to 
    this amendment but I do have a parliamentary inquiry.
        The Chairman [Jacob H. Gilbert, of New York]: The gentleman 
    will state the parliamentary inquiry.
        Mr. Keith: Mr. Chairman, if the amendment is adopted and I hope 
    and trust it will be; would that not require the renumbering of the 
    lines in which the earlier amendments have been incorporated into 
    the existing legislation?
        The Chairman: The gentleman may request that the Clerk be 
    authorized to renumber accordingly.
        Mr. Keith: I would so request.
        The Chairman: The gentleman may make the request that the Clerk 
    be authorized to renumber the sections accordingly after the 
    Committee rises and we are in the House.(3)
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 3. See Jefferson's Manual, House Rules and Manual Sec. 479 (1973) for 
        authority to amend section numbers pursuant to resolution.

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[[Page 593]]

Duties Related to the Seal of the House

Sec. 18.7 The Clerk has been authorized to purchase a new seal for the 
    House.

    On Dec. 18, 1963,(4) a Member, Samuel N. Friedel, of 
Maryland, offered and the House passed the following resolution (H. 
Res. 560):
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 4. 109 Cong. Rec. 24912, 88th Cong. 1st Sess.
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        Resolved, That the Clerk of the House of Representatives shall 
    procure a new seal and press for the use of the House of 
    Representatives, which shall possess fifty stars, emblematic of the 
    fifty States of the Union, and shall depict the Capitol as it 
    currently appears.
        Resolved, That upon approval of the new seal by the Committee 
    on House Administration, the chairman shall notify the Speaker and 
    it shall then become the official great seal of the House of 
    Representatives.
        Resolved, That the Clerk shall furnish an impression of the new 
    official great seal of the House of Representatives to the 
    Administrator of General Services.
        Resolved, That the necessary expenses for procuring the new 
    seal shall be paid out of the contingent fund of the House on 
    vouchers signed by the Clerk and approved by the Committee on House 
    Administration.

The resolution was agreed to and the motion to reconsider was laid on 
the table.

Keeping Custody of House Records

Sec. 18.8 At the direction of the House, the Clerk may make available 
    certain records.

    On June 16, 1953,(5) by direction of the committee on 
House Administration, a Member, Karl M. LeCompte, of Iowa, offered and 
the House agreed to the following resolution (H. Res. 288):
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 5. 99 Cong. Rec. 6641, 83d Cong. 1st Sess.
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        Resolved, That the Clerk of the House is authorized to permit 
    the Administrator of General Services to make available for use--
        (1) any records of the House of Representatives, transferred to 
    the National Archives, which have been in existence for not less 
    than 50 years, except when he determines that the use of such 
    records would be detrimental to the public interest; and
        (2) any records of the House of Representatives, transferred to 
    the National Archives, which have previously been made public.
        Sec. 2. Such permission may continue so long as it is 
    consistent with the rights and privileges of the House of 
    Representatives.

    On Oct. 2, 1964,~(6~) a Member, Omar T. Burleson, of 
Texas, offered and the House passed the following House resolution (H. 
Res. 902):
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 6. 110 Cong. Rec. 23785, 88th Cong. 2d Sess.
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        Resolved, That upon assurances of proper protection, 
    preservation, and re

[[Page 594]]

    turn, the Clerk of the House of Representatives is directed to make 
    available to the Administrator of General Services the records of 
    the House of Representatives relating to the First Federal Congress 
    for reproduction and publication in accordance with the historical 
    objectives of Public Law 88-383.(7)
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 7. Pub. L. No. 88-383 (see 44 USCA Sec. 2504 note) authorized a 
        historical compilation of records of the First Congress.
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    On July 23, 1947,(8) a Member, Justin Leroy Johnson, of 
California, offered and the House passed the following resolution (H. 
Res. 325):
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 8. 93 Cong. Rec. 9885, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House of Representatives be, 
    and he is hereby, authorized to transmit to the California State 
    Library at Sacramento, Calif., photostatic copies of the memorial 
    and attendant papers in the files of the House relating to the bill 
    H.R. 3818 of the Forty-fourth Congress entitled ``An act for the 
    relief of John A. Sutter,'' the cost of such photostatic copies to 
    be paid by the California State Library.

    Parliamentarian's Note: The papers referred to in this precedent 
were stored in the National Archives.

Identification Cards

Sec. 18.9 The House by resolution has authorized the Clerk to furnish 
    identification cards for House and Members' employees.

    On July 1, 1965,(9) a Member, Wayne L. Hays, of Ohio, by 
direction of the Committee on House Administration, introduced and the 
House passed the following resolution (H. Res. 261):
---------------------------------------------------------------------------
 9. 111 Cong. Rec. 15501, 15502, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved . . .

            That, upon the request of the Speaker, a Member, elected 
        officer of the House of Representatives, or the chairman of any 
        committee of the House, the Clerk of the House of 
        Representatives shall furnish cards of identification to such 
        employees under their jurisdiction as they may designate. Each 
        such card shall be signed by the Speaker, Member, officer, or 
        committee chairman concerned, and shall not be valid for a 
        longer period than the duration of one session of a Congress.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Payroll Duties

Sec. 18.10 The House by resolution has authorized the Clerk to transfer 
    funds from balances available to him in several accounts under his 
    administrative control to meet employee payrolls pending enactment 
    of an appropriation bill carrying funds for that purpose.

[[Page 595]]

    On May 28, 1969,(10) Mr. Samuel N. Friedel, of Maryland, 
by direction of the Committee on House Administration offered and the 
House agreed to the following resolution (H. Res. 425):
---------------------------------------------------------------------------
10. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House and Sergeant at Arms be 
    and is hereby directed to pay such sum as may be necessary, from 
    the balance available of the 1968 appropriation and the various 
    funds of the 1969 appropriation, where balances may be available, 
    for the House of Representatives to meet the May and June payroll 
    of Members, officers of the House, and employees of the House. 
    Moneys expended from these funds and/or appropriations by the 
    Sergeant at Arms and the Clerk will be repaid to the funds and/or 
    appropriations from the Sergeant at Arms and Clerk's supplemental 
    appropriation upon its approval.(11)
---------------------------------------------------------------------------
11. Parliamentarian's Note: This resolution was passed to provide 
        payroll funds because the Committee on House Administration had 
        been advised that funds previously appropriated were exhausted.
---------------------------------------------------------------------------

Computer Services

Sec. 18.11 The Clerk's responsibility for computer operations has been 
    assumed by the Committee on House Administration.

    On Nov. 9, 1971,(12~) the Committee on House 
Administration assumed responsibility for the computer operations of 
the House. By direction of this committee, Mr. Frank J. Thompson, Jr., 
of New Jersey, offered and the House agreed to the following resolution 
(H. Res 601):
---------------------------------------------------------------------------
12. 117 Cong. Rec. 40015-17, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That during the Ninety second Congress, the Committee 
    on House Administration is authorized to incur such expenses (not 
    in excess of $1,500,000) as the committee considers advisable to 
    provide for maintenance and improvement of ongoing computer 
    services for the House of Representatives and for the investigation 
    of additional computer services for the House of Representatives, 
    including expenditures for the employment of technical, clerical, 
    and other assistants, for the procurement of services of individual 
    consultants or organizations thereof pursuant to section 202(i) of 
    the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)), and 
    for the procurement of equipment by contract or otherwise. Such 
    expenses shall be paid out of the contingent fund of the House on 
    vouchers authorized and approved by such committee, and signed by 
    the chairman thereof. Not to exceed $1,000,000 of the total amount 
    provided by this resolution may be used to procure the temporary or 
    intermittent services of individual consultants or organizations 
    thereof pursuant to section 202(i) of the Legislative 
    Reorganization. Act of 1946 (2 U.S.C. 72a(i)); but this monetary 
    limitation on the procurement of such services shall not prevent 
    the use of such funds for any other authorized purpose.
        Sec. 2. No part of the funds authorized by this resolution 
    shall be avail

[[Page 596]]

    able for expenditures in connection with the study or investigation 
    of any subject matter which is being investigated for the same 
    purpose by any other committee of the House.
        Sec. 3. Funds authorized by this resolution shall be expended 
    pursuant to regulations established by the Committee on House 
    Administration in accordance with existing law.

    Parliamentarian's Note: Prior to passage of the above resolution, 
the Data Processing Office of the Clerk had responsibility for computer 
operations.

Contingent Fund Reports

Sec. 18.12 The Clerk's responsibility for printing the Clerk's report 
    dealing with the contingent fund has been assumed by the Committee 
    on House Administration.

    On Sept. 23, 1961,(13) the Committee on House 
Administration assumed responsibility for printing the report of the 
Clerk of the House, dealing with the contingent fund, pursuant to 2 
USCA Sec. 102. By direction of the Committee on House Administration, 
Mr. Omar T. Burleson, of Texas, offered and the House agreed to the 
following resolution (H. Res. 476):
---------------------------------------------------------------------------
13. 107 Cong. Rec. 20946, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That, until otherwise provided by law, the Committee 
    on House Administration shall have exclusive responsibility for 
    prescribing the form of, and having printed, the portion of the 
    report of the Clerk of the House under section 60 of the Revised 
    Statutes (2 USC 102) dealing with the contingent fund of the House.

    Parliamentarian's Note: Prior to adoption of this resolution, the 
Clerk printed the report of the Clerk of the House.

Receipt of Messages and Reports

Sec. 18.13 The Clerk is sometimes authorized by resolution to receive 
    messages during adjournments.

    On June 22, 1940,(14) for example, Mr. Sam Rayburn, of 
Texas, offered and the House agreed to the following resolution (H. 
Res. 545)
---------------------------------------------------------------------------
14. 86 Cong. Rec. 9085, 76th Cong. 3d Sess.
            See also 108 Cong. Rec. 577, 87th Cong. 2d Sess., Jan. 22, 
        1962; 108 Cong. Rec. 9524, 87th Cong. 2d Sess., May 31, 1962; 
        110 Cong. Rec. 16248, 16249, 88th Cong. 2d Sess., July 20, 
        1964, for similar instances.
---------------------------------------------------------------------------

        Resolved, That notwithstanding the recess or the adjournment of 
    the House until July 1, 1940, the Clerk of the House is hereby 
    authorized to receive messages from the Senate and the Speaker be, 
    and he is hereby, authorized to sign any enrolled bills or joint 
    resolutions duly passed by the two

[[Page 597]]

    Houses and which have been examined by the Committee on Enrolled 
    Bills and found truly enrolled.
        The resolution was agreed to.

Sec. 18.14 The Clerk reports receipt during adjournment of a message 
    from the President to the Speaker who lays it before the House.

    When the clerk during an adjournment receives a message from the 
President(15) he transmits the message with a covering 
letter to the Speaker who lays both communications before the House.
---------------------------------------------------------------------------
15. See Sec. 18.4, supra, for procedure when receiving a message from a 
        former President.
---------------------------------------------------------------------------

    For example on Feb. 20, 1969,(16) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following 
communication from the Clerk:
---------------------------------------------------------------------------
16. 115 Cong. Rec 4088, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
        The Honorable the Speaker,
        U.S. House of Representatives.

            Dear Sir: I have the honor to transmit herewith a sealed 
        envelope addressed to the Speaker of the House of 
        Representatives, said to contain a message from the President 
        wherein he transmits a special study regarding the 
        administration of the Headstart program. This envelope was 
        received in the Office of the Clerk at 3:55 p.m. on Wednesday, 
        February 19, 1969.
              Sincerely,
                                                   Pat Jennings,  
                                                            Clerk.

Sec. 18.15 The Clerk reports receipt of a message from the Senate to 
    the Speaker who lays the matter before the House.

    When the Clerk during an adjournment receives a message from the 
Senate, he transmits it with a covering letter to the Speaker who lays 
both communications before the House.(17) For example, on 
June 28, 1965,(18) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
17. See for example, 103 Cong. Rec. 13161, 85th Cong. 2d Sess., July 7, 
        1958; and 103 Cong. Rec. 13675, 85th Cong. 2d Sess., July 14, 
        1958, for similar instances.
18. 111 Cong. Rec. 14845, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
                                                    June 25, 1965.
        The Honorable the Speaker,
        House of Representatives.

            Sir: Pursuant to authority granted on June 24, 1965, the 
        Clerk received from the Secretary of the Senate today, the 
        following message:
            That the Senate passed H.J. Res. 541, entitled ``Joint 
        resolution to extend the Area Redevelopment Act for a period of 
        2 months.''
              Respectfully yours,

                                             Ralph R. Roberts,
                                                          Clerk,
                                    U.S. House of Representatives.

Sec. 18.16 The Clerk reports receipt of committee reports received 
    during adjournment

[[Page 598]]

    to the Speaker who lays the communication before the House.

    On Jan. 10, 1947,(19) the Speaker, Joseph W. Martin, 
Jr., of Massachusetts, laid before the House the following 
communication:
---------------------------------------------------------------------------
19. 93 Cong. Rec. 236, 237, 80th Cong. 1st Sess.

                                                  January 8, 1947.
        The Honorable the Speaker
        House of Representatives.

            Sir: During the interim between the adjournment of the 
        second session of the Seventy-ninth Congress and the convening 
        of the Eightieth Congress, the following reports were received 
        and printed by the Clerk of the House:
            House Report No. 2729, Seventy-ninth Congress: Reconversion 
        experience and current economic problems. Submitted by Mr. 
        Colmer, from the Special Committee on Postwar Economic Policy 
        and Planning, pursuant to House Resolution 60. Filed December 
        12, 1946. . . .
            House Report No. 2730, Seventy-ninth Congress: Operation of 
        national sales programs of surplus property by War Assets 
        Administration. Submitted by Mr. Slaughter, from the Select 
        Committee To Investigate Disposition of Surplus Property, 
        pursuant to House Resolution 385. Filed September 30, 1946....
              Very truly yours,
                                                 John Andrews,
                                                    Clerk of the
                                          House of Representatives

Designation of Subordinate

Sec. 18.17 The Clerk has been authorized by resolution to designate a 
    subordinate temporarily to perform his duties.

    For example, on July 26, 1947,(20) the following 
occurred:
---------------------------------------------------------------------------
20. 93 Cong. Rec. 10518, 80th Cong. 1st Sess.
            See for example, 92 Cong. Rec. 10781, 79th Cong. 2d Sess., 
        Aug. 2, 1946; and 94 Cong. Rec. 9348, 80th Cong. 2d Sess., June 
        19, 1948, for other resolutions.
---------------------------------------------------------------------------

        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I offer a 
    resolution (H. Res. 351) and ask for its immediate consideration. .

            Resolved, That in order that the duties of his office may 
        be discharged in case of his absence or disability or in case 
        his office should become vacant, the Clerk of the House of 
        Representatives on or before July 26, 1947, shall designate a 
        subordinate in his office to perform the duties thereof in any 
        such contingencies until the commencement of the second session 
        of the Eightieth Congress. Such designee when acting under this 
        authorization, shall subscribe himself as Acting Clerk of the 
        House of Representatives.

        The Clerk of the House shall promptly communicate to the 
    Speaker the name of the employee designated hereunder for the 
    information of the House.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 18.18 The Clerk designates a subordinate to perform his duties 
    temporarily and informs the Speaker who lays the communication 
    before the House.

[[Page 599]]

    On July 26, 1947,(1) the Speaker, Joseph W. Martin, Jr., 
of Massachusetts, laid before the House the following 
communication(2) which was read by the Clerk:
---------------------------------------------------------------------------
 1. 93 Cong. Rec. 10518, 80th Cong 1st Sess., July 26, 1947. See also 
        Ch. 1 Sec. 5, supra, form for designation of an acting Clerk to 
        preside until election of a Speaker and Rule III clause 4, 
        House Rules and Manual Sec. 647 (1973), which authorizes the 
        Clerk to designate an official in his office to sign all papers 
        and perform other acts, except such as are provided by statute, 
        that may be required under the rules and practice of the House 
        to be done by the Clerk.
            Clerks have designated authority to subordinates for 
        temporary periods both with and without authorizing resolutions 
        passed prior to the designations. Compare 92 Cong. Rec 10768, 
        10781, 79th Cong. 2d Sess., Aug. 2, 1946; 93 Cong. Rec. 10518, 
        80th Cong. 1st Sess., July 26, 1947; and 93 Cong. Rec. 9348, 
        80th Cong. 2d Sess., June 19, 1948, instances where resolutions 
        authorized designations, with, for example, 109 Cong. Rec. 
        10025, 88th Cong. 2d Sess., May 5, 1964; 111 Cong. Rec. 2759, 
        89th Cong. 1st Sess., Feb. 16, 1965; and 114 Cong. Rec. 30617, 
        90th Cong. 2d Sess., Oct. 10, 1968, instances where no 
        resolutions preceded the designations.
 2. See also 6 Cannon's Precedents Sec. 26, for another form of 
        designation.

                                                    July 26, 1947.
        The Honorable the Speaker,
        House of Representatives.

            Sir: Pursuant to the provisions of House Resolution 351 
        adopted by the House today, I have designated Mr. Harry Newlin 
        Megill, an official in my office, to discharge the duties 
        contemplated by said resolution.

              Respectfully yours,

                                                 John Andrews,

                                                    Clerk of the
                                         House of Representatives.

Receipt of Election Certificate

Sec. 18.19 The Clerk reports receipt of an election certificate for a 
    vacant seat to the Speaker who lays the communication before the 
    House.

    On Feb. 23, 1966,(3) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
 3. 112 Cong. Rec. 3667, 89th Cong. 2d Sess.

                                                February 22, 1966.
        The Honorable the Speaker,
        House of Representatives.

            Sir: A certificate in due form of law showing the election 
        of Theodore R. Kupferman as a Representative-elect to the 89th 
        Congress from the 17th Congressional District of the State of 
        New York, to fill the vacancy caused by the resignation of John 
        V. Lindsay, is on file in this office.
              Respectfully yours,

                                             Ralph R. Roberts,
                                                          Clerk,
                                    U.S. House of Representatives.

[[Page 600]]