    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Pages 337-343]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule III.

                              DUTIES OF THE CLERK.

    [[Page 338]]

    Sec. 637. Clerk's duties at organization.

      1.  The Clerk
    shall, at the commencement of the first session of each Congress, call
    the Members to order, proceed to call the roll of Members by States in
    alphabetical order, and, pending the election of a Speaker or Speaker
    pro tempore, preserve order and decorum, and decide all questions of
    order subject to appeal by any Member.

      This portion of the rule was framed in 1880, on a basis furnished by a
    rule of 1860 (I, 64), and amended in 1911.

      As rules are not usually adopted until after the election of Speaker,
    this rule 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 rule (I, 81), although the House may
    depart from it. In the 97th Congress, for example, the House did, by
    unanimous consent, permit the alphabetical roll call of Members by
    States to be conducted by electronic device, to establish a quorum (Jan.
    5, 1981, pp. 93-96).

      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).-

    Sec. 638. 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 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).

      The Clerk, in presiding before the election of Speaker, recognizes
    Members (I, 74).

      The Members-elect have, before the election of 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).

    [[Page 339]]

    Sec. 639. 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), and the Clerks often declined to make decisions (I, 68-72; V,
    5325), although in 1855 occur exceptions to this theory (I, 91). But in
    1860 the provisions of the present rule were adopted (I, 64), with a
    further rule that the rules of one House should apply in the
    organization of its successor (V, 6743-6747); and under this arrangement
    the Clerks have made rulings (I, 76, 77; VI, 623). In 1890 the theory
    that the rules of one House may be made binding on its successor was
    overthrown (V, 6747). In a case of vacancy arising after the adoption of
    rules, this rule would be operative and conclude questions as to the
    Clerk's authority. 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).

    Sec. 640. Clerk furnishes a list of reports.

      2.  He shall
    make and cause to be printed and delivered to each Member, or mailed to
    his address, at the commencement of every regular session of Congress, a
    list of the reports which it is the duty of any officer or Department to
    make to Congress, referring to the act or resolution and page of the
    volume of the laws or Journal in which it may be contained, and placing
    under the name of each officer the list of reports required of him to be
    made.

      This rule was adopted in 1822 (I, 252).

    [[Page 340]]
    that Member, Delegate, or the Resident Commissioner which has been
    printed, by order of either House <> of the Congress, in any
    Congress in which he served; attest and affix the seal of the House to
    all writs, warrants, and subpoenas issued by order of the House; and
    certify to the passage of all bills and joint resolutions.

    Sec. 641. Clerk's duty as to Journal and documents.

      3.  He
    shall note all questions of order, with the decisions thereon, the
    record of which shall be printed as an appendix to the Journal of each
    session; and complete, as soon after the close of the session as
    possible, the printing and distribution to Members, Delegates, and the
    Resident Commissioner from Puerto Rico of the Journal of the House,
    together with an accurate and complete index; retain in the library at
    his office, for the use of the Members, Delegates, the Resident
    Commissioner from Puerto Rico and officers of the House, and not to be
    withdrawn therefrom, two copies of all the books and printed documents
    deposited there; send, at the end of each session, a printed copy of the
    Journal thereof to the executive and to each branch of the legislature
    of every State; deliver or mail to any Member, Delegate, or the Resident
    Commissioner from Puerto Rico an extra copy, in binding of good quality,
    of each document requested by

      Former provisions of this clause 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. ----), 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. 651e, infra). A clerical correction was effected in
    the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995, 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 Clerk is required to make certain reports on receipts and
    expenditures (2 U.S.C. 102, 103, 113), which are available to the
    public. But members of the public have no statutory or constitutional
    right to examine the actual financial records which are used in
    preparing such reports (Trimble v. Johnston, 173 F. Supp. 651, D.C.
    Cir., 1959).

    [[Page 341]]
    and shall be laid before the House and entered on the Journal.

    Sec. 647a. Official to act as Clerk upon designation.

      4.  He
    shall, in case of temporary absence or disability, designate an official
    in his office to sign all papers that may require the official signature
    of the Clerk of the House, and to do all other acts, except such as are
    provided for by statute, that may be required under the rules and
    practices of the House to be done by the Clerk. Such official acts, when
    so done by the designated official, shall be under the name of the Clerk
    of the House. The said designation shall be in writing,

      In 1880 several rules, adopted at different periods from 1794 to 1846,
    were consolidated into this rule; which was amended in 1892 (I, 251) and
    January 3, 1953, p. 16. Section 3 was amended January 22, 1971, (H. Res.
    5, pp. 140-44) to make it clear that the Delegate from the District of
    Columbia and the Resident Commissioner from Puerto Rico, as well as
    Members, are entitled to the services rendered the House by the Clerk.
    It was again revised in 1972 (H. Res. 1153, Oct. 13, 1972, pp. 36013-
    15), effective at the beginning of the 93d Congress, to extend the
    services of the Clerk to all Delegates, including those provided for the
    Territories of Guam and the Virgin Islands by a law enacted in the 92d
    Congress. Section 4 was adopted January 18, 1912 (VI, 25) and was
    amended January 3, 1953, p. 16.

    <>   5. The Clerk is
    authorized to receive messages from the President and from the Senate at
    any time that the House is not in session.

      Various other administrative duties, similar to those specified in
    this rule, 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), and to serve as an ex officio
    member of the Federal Election Commission established pursuant to Public
    Law 94-283; 2 U.S.C. 437c. Form of designation of a Clerk pro tempore
    (VI, 26). Instance of Clerk serving temporarily also as Sergeant-at-Arms
    (July 8, 1953, p. 8242).

    [[Page 342]]

      Clause 5, providing standing authority for the Clerk to receive
    messages, was added 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).

    Sec. 647c. Administration of vacant Member's office.

      6.  He
    shall supervise the staff and manage any office of a Member who is
    deceased, has resigned, or been expelled until a successor is elected
    and 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 Member 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 he may appoint, with the
    approval of the Committee on House Oversight, such staff as is required
    to operate the office until a successor is elected. He shall maintain on
    the House payroll and supervise in the same manner staff appointed
    pursuant to section 800 of Public Law 91-665 (2 U.S.C. 31b-5) for sixty
    days following the death of a former Speaker.

    -  7. <> In addition to any other
    reports required by the Speaker or the Committee on House Oversight, the
    Clerk shall report to the Committee on House Oversight not later than
    forty-five 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, a description or explanation of cur

    [[Page 343]]
    rent operations, the implementation of new policies and procedures, and
    future plans for each function.
      This clause was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34). It was amended in the 104th Congress to reflect the new name of
    the Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995,
    p. ----).

    Sec. 647e. Cooperation with others.

      8.  The Clerk shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits of financial records and administrative operations.

      Clauses 7 and 8 were added in the 104th Congress (sec. 201(b), H. Res.
    6, Jan. 4, 1995, p. ----).