Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress-Rule III.Duties of the Clerk

[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).

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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. ----).