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United States House of Representatives Clerk

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United States House of Representatives Clerk
PostClerk of the House of Representatives
BodyUnited States House of Representatives
IncumbentPatrick L. McHenry
IncumbentsinceJanuary 3, 2025
AppointerHouse of Representatives
FormationApril 1, 1789
InauguralJohn Beckley

United States House of Representatives Clerk is the chief legislative and procedural officer responsible for maintaining the official records, managing roll call and legislative documents, and administering many administrative functions for the United States House of Representatives. The Clerk presides over the House during the opening of a new Congress until a Speaker of the United States House of Representatives is elected and serves as a central nexus between procedural actors such as the Sergeant at Arms, the Chief Administrative Officer of the House, and external institutions including the Library of Congress and the National Archives and Records Administration. The office traces its origins to the early Republic and has evolved alongside institutional developments such as the Apportionment Act of 1792, the Reapportionment Act of 1929, and changes in House rules.

Role and responsibilities

The Clerk's responsibilities encompass procedural, administrative, and custodial functions that support membership and legislative processes involving actors like the Speaker of the United States House of Representatives, the Majority Leader of the United States House of Representatives, and the Minority Leader of the United States House of Representatives. The Clerk certifies the election and credentials of new members presented from states such as California, Texas, and New York and conducts duties connected to contested elections referencing precedents like Powell v. McCormack and the contested seating matters involving representatives from Louisiana and Alabama. The role also interfaces with executive branch entities such as the Office of Management and Budget and judicial actors like the Supreme Court of the United States when records or testimony are sought.

Election and succession

The Clerk is elected by the full membership of the United States House of Representatives at the start of each new Congress, typically during the first organizational day presided over by the Clerk pro tempore and in coordination with the election of a Speaker of the United States House of Representatives. Historical elections have occurred amid controversies pictured in incidents like the 1839 speakership struggle and modern organizational ballots involving coalitions led by figures such as Nancy Pelosi and Kevin McCarthy. Succession provisions come into play when vacancies arise due to resignation, death, or contested outcomes; interim clerks have been appointed during periods of transition, paralleling precedents set by acting officers like the Acting Secretary of State in the Department of State.

Powers and duties within House proceedings

Within House proceedings the Clerk authenticates legislative documents including enrolled bills and amendments related to statutes such as the Congressional Budget Act of 1974 and the War Powers Resolution. The Clerk manages the official House Journal and the House floor calendar used by committee chairs like the Chair of the House Ways and Means Committee and the Chair of the House Appropriations Committee. During joint sessions the Clerk assists coordination with officers such as the Secretary of the Senate and external figures like the President of the United States when messages, proclamations, or electoral certificates are presented. The Clerk also supervises roll calls, counting votes in roll call procedures tied to motions and resolutions sponsored by members including those from the House Judiciary Committee and the House Intelligence Committee.

Administrative and clerical functions

Administrative functions include custody of House records and documents in partnership with the National Archives and Records Administration and archiving of documents used by committees such as the Committee on Oversight and Accountability. The Clerk oversees personnel in units that prepare legislative bill text and publication of the Congressional Record alongside the Government Publishing Office. The office manages logistical matters for the swearing-in of members, issuance of office assignments coordinated with the House Office Building Commission, and maintenance of the House roll for members from delegations such as the Delegate from Puerto Rico and the Resident Commissioner of Puerto Rico.

Historical development

The office originated with early Republic administrators like John Beckley and evolved through periods of institutional reform in the 19th and 20th centuries influenced by legislation including the Civil Service Reform Act of 1978 and organizational shifts after the Revolution of 1910 style reforms adapted by congressional leaders. Notable procedural changes occurred during eras led by Speakers such as Henry Clay and Tip O'Neill, and administrative modernization accelerated with technological adoption initiated under leaders like Newt Gingrich and Dennis Hastert. The Clerk's archival role expanded alongside the establishment of the National Archives and the professionalization of staff modeled after practices in the United Kingdom House of Commons.

Notable clerks

Prominent clerks have included early figures such as John Beckley, influential 19th-century administrators who worked with statesmen like Thomas Jefferson and James Madison, and modern clerks who managed contested inaugurations and closely divided chambers during the tenures of Speakers Paul Ryan, Nancy Pelosi, and Kevin McCarthy. Certain clerks played pivotal roles during crises, coordinating with actors like the Capitol Police Board and leadership offices during events including the 2021 United States Capitol attack.

Office and organizational structure

The Clerk heads an office comprising divisions responsible for legislative operations, records management, and member services, working alongside directors and senior staff analogous to executives in the Chief Administrative Officer of the House office and the Sergeant at Arms of the House of Representatives. Subunits publish legislative documents and manage digital systems interoperable with the Library of Congress systems such as Congress.gov and the THOMAS (database) legacy resources. Staffing includes clerks, administrative officers, and technical experts drawn from career civil servants and political appointees.

Interaction with other House officers and external entities

The Clerk coordinates closely with House officers including the Sergeant at Arms of the House of Representatives, the Chief Administrative Officer of the House, and the Parliamentarian of the United States House of Representatives, and interacts with external entities like the Library of Congress, the National Archives and Records Administration, and federal departments such as the Department of Justice when subpoenas or record requests arise. The office also liaises with state officials who submit certificates of election and with foreign delegations and international parliamentary bodies including representatives from the Inter-Parliamentary Union.

Category:Offices of the United States House of Representatives