[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 3.  Party Organization]
[D. Floor Leaders]
[Â§ 17. In General]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 208-225]
 
                               CHAPTER 3
 
                           Party Organization
 
                            D. FLOOR LEADERS
 
Sec. 17. In General


    [Note: The following is descriptive of practices in effect in some 
Congresses. For discussion of any current modification of the office or 
role of floor leader, consult supplements to this edition as they 
appear.]

    Each party's caucus or conference elects a floor 
leader;(3) the chairman of the caucus or conference 
announces the selection of his party's floor leader to the 
House.(4) At times in the past, a third party has organized 
in the House and elected a floor leader in a party caucus or 
conference.(5) If a vacancy exists in the post of floor 
leader, as where a party's floor leader has been elevated to the 
Speakership,(6) a new floor leader is elected by the caucus 
or conference in the usual manner.(7)
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 3. Sec. 17.1, infra. The minority party's candidate for Speaker 
        normally becomes that party's floor leader. See Riddick, Floyd 
        M., Congressional Procedure, Chapman and Grimes (Boston, 1941), 
        p. 34.
            Collateral reference: Ripley, Randall B., Party Leaders in 
        the House of Representatives, The Brookings Institution 
        (Washington, D.C., 1967), pp. 24-28 (development of office of 
        Majority Leader); 28-32 (development of office of Minority 
        Leader); 57, 58, 61-63, 66, 67, 74, 75 (functions of party 
        floor leaders).
 4. Sec. 17.1, infra.
 5. See Sec. 17.3, infra.
 6. Majority Leaders have frequently succeeded to the Speakership. See 
        Congressional Quarterly's Guide to the Congress of the United 
        States, Congressional Quarterly Service (Washington, D.C., 
        1971), p. 141.
 7. See Sec. 17.2, infra.
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If a floor leader intends to be temporarily absent from the House, he 
may designate a person to act for him, and may announce such 
designation to the House.(8)
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 8. Sec. 17.4, infra.
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    A party's floor leader, in conjunction with other party leaders, 
plays an influential role in the formulation of party policy and 
programs. He is instrumental in guiding legislation favored by his 
party through the House, or in resisting those programs of the other 
party that are considered undesirable by his own party. He is 
instrumental in devising and implementing his party's strategy on the 
floor with respect to promoting or opposing legislation.(9)

[[Page 209]]

He is kept constantly informed as to the status of legislative business 
and as to the sentiment of his party respecting particular legislation 
under consideration. Such information is derived in part from the floor 
leader's contacts with his party's members serving on House committees, 
and with the members of the party's whip organization.(10)
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 9. For general discussion of the functions and duties of the floor 
        leader, see, in addition to ensuing sections in this chapter, 8 
        Cannon's Precedents Sec. 3614.
            So that the floor leaders may fulfill their floor duties 
        more easily and be available or visible to members of their 
        parties, aisle seats at tables on the floor of the House are 
        reserved for their use except in the Committee of the Whole. 
        See Cannon's Procedure in the House of Representatives, H. Doc. 
        No. 122, 86th Cong. 1st Sess. (1959), p. 221.
10. See Sec. 23, infra.
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    In his role as party leader, he protects the interests of 
individual members of his party whenever possible,(11) and 
exercises leadership with respect to legislative proceedings that 
concern the party as a whole. He appoints party members to certain 
positions that are of importance in the legislative process; thus, he 
appoints the official objectors for the Private and Consent 
Calendars(12) and, in the case of the Democratic floor 
leader, appoints the party whip.(13)
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11. See, for example, Sec. 19.4, infra.
12. See Sec. Sec. 15.1, 15.3, supra, and 20.1, infra.
13. See Sec. 20.3, infra.
            On occasion, the House has provided by simple resolution 
        for appointments to certain positions to be filled by the 
        Minority Leader, subject to the approval of the Speaker. See 95 
        Cong. Rec. 640, 641, 81st Cong. 1st Sess., Jan. 24, 1949 (H. 
        Res. 62, pertaining in part to certain assistant clerkships).
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    But the floor leader is more than a partisan leader. He is an 
integral, though to some extent, unofficial,(14) part of the 
legislative machinery of the House itself. The floor leader, 
particularly the Majority Leader, exercises considerable authority with 
respect to legislative scheduling, or the order of 
business.(15) Thus, the floor leader assumes a large measure 
of responsibility for the procedural aspects of transacting legislative 
business; his knowledge of House procedures is employed to expedite the 
consideration of legislative proposals.
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14. See 8 Cannon's Precedents Sec. 3614, particularly Cannon's comment 
        that, ``The Rules contain no provision relating to the 
        selection or duties of the party floor leaders. . . .''
15. See Sec. 18, infra.
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    In addition to playing a key role in the procedural aspects of 
House business, the floor leader may assume responsibilities relating 
to resolutions of a more substantive nature, particularly resolutions 
that concern the operations of the House itself or the government as a 
whole. Thus, a floor leader

[[Page 210]]

might offer resolutions concerning the adoption of rules for the 
Congress;(16) the appointment of a committee to notify the 
President of the assembly of Congress;(17) the authorization 
of additional memberships on a committee;(18) the assignment 
of party members to House committees;(19) the consideration 
of action to be taken by the House against a Member charged with 
misconduct;(20) and an increase in the salary of the 
President.(1) Frequently, resolutions introduced in the 
House, whether by the floor leader or by others, are the culmination of 
agreements reached by the leadership, particularly the floor leaders, 
of both parties.(2)
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16. See Sec. 17.7, infra.
17. Sec. 21.3, infra.
18. Sec. 17.8, infra.
19. See Sec. 19.7, infra. See Sec. 17.12, infra, for discussion of a 
        resolution electing a committee chairman to certain joint 
        committees.
20. Sec. 17.11, infra.
 1. Sec. 17.13, infra.
 2. See, for example, Sec. 17.8, infra.
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    The floor leaders may be consulted, or assume some 
responsibilities, with respect to the regulation of the use of physical 
facilities of the House, or the protection of privileges relating to 
such use.(3) Moreover, the floor leaders may be asked to 
serve on commissions concerned with physical improvements to be made at 
the Capitol. Thus, in the 91st Congress, the House approved a Senate 
bill whereby the membership on the Commission on the Extension of the 
Capitol, which originally consisted of the Speaker, the President of 
the Senate, the Minority Leaders of the two Houses, and the Architect 
of the Capitol, was enlarged to include the Majority Leaders of the 
House and the Senate.(4)
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 3. See Sec. Sec. 17.16, 17.17, infra.
 4. See 115 Cong. Rec. 26568, 26569, 91st Cong. 1st Sess., Sept. 23, 
        1969. See also 40 USCA Sec. 166 (note referring to Sec. 101 of 
        Act of Aug. 5, 1955, Ch. 568, 69 Statutes 515, as amended by 
        Pub. L. 91-77, Sept. 29, 1969, 83 Statutes 124). The change 
        noted above was for purposes of ensuring equal representation 
        of the two parties on the commission.
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    One Majority Leader remarked,(5) with reference to 
duties of the office that transcend those of partisan leadership:
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 5. 106 Cong. Rec. 19161, 86th Cong. 2d Sess., Sept. 1, 1960. The 
        remarks were those of Mr. John W. McCormack (Mass.), who later 
        as Speaker expressed the similar concern of a Speaker for the 
        rights of all Members of the House (see Sec. 1, supra).
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        One of the primary duties of the majority leader . . . I 
    consider to be that of protecting the rights of the individual 
    Member, to see that the rights of the individual Member, 
    particularly

[[Page 211]]

    of the minority party, are not trespassed upon.

    The Majority Leader frequently acts as Speaker pro 
tempore;(6) the Minority Leader has also served in this 
capacity during proceedings of a ceremonial nature.(7)
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 6. Sec. 17.5, infra. See also Ch. 6, infra.
 7. See Sec. 21.10, infra.
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    It is frequently the province of the floor leader to perform 
certain ceremonial duties; to make announcements concerning formal 
events; to extend certain courtesies; or to give expression to the 
gratitude, good wishes, and the like, of Members of his party or the 
House.(8)
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 8. See Sec. 21, infra.
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    On occasion, a floor leader has been assigned a position on a 
standing committee of the House in the same manner as other members of 
his party.(9) Ordinarily, however, floor leaders are not 
assigned to standing committees.
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 9. See Sec. 17.18, infra.
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    It may be mentioned that, in addition to serving on those 
committees or commissions already mentioned above and in ensuing 
sections, the Minority Leader is among those who serve on an advisory 
committee to the Secretary of the Treasury, who consults with such 
committee in determining who are major Presidential or Vice 
Presidential candidates entitled to receive secret service 
protection.(10)
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10. Pub. L. No. 90-331, June 6, 1968, 82 Stat. 170, referred to in 18 
        USC Sec. 3056 and note 
        thereto.                          -------------------
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Election of Floor Leader; Announcement

Sec. 17.1 Each party's caucus or conference elects a party floor 
    leader, and the caucus or conference chairman announces the name of 
    his party's floor leader to the House.

    In the 92d Congress, following the administration of the oath of 
office to the Members of the House, the announcements respecting the 
election of party floor leaders were made as follows:(11)
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11. 117 Cong. Rec. 13, 92d Cong. 1st Sess., Jan. 21, 1971. For examples 
        of similar proceedings, see 115 Cong. Rec. 34, 91st Cong. 1st 
        Sess., Jan. 3, 1969; and 113 Cong. Rec. 27, 90th Cong. 1st 
        Sess., Jan. 10, 1967.
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        Mr. [Olin E.] Teague of Texas: Mr. Speaker, as chairman of the 
    Democratic caucus, I have been directed to report to the House that 
    the Democratic Members have selected unanimously as majority leader 
    the gentleman from Louisiana, the Honorable Hale Boggs.
        Mr. [John B.] Anderson of Illinois: Mr. Speaker, as chairman of 
    the Republican conference, I am directed by

[[Page 212]]

    that conference to officially notify the House that the gentleman 
    from Michigan, the Honorable Gerald R. Ford, has been unanimously 
    selected as the minority leader of the House.

Election to Fill Unexpected Vacancy

Sec. 17.2 When a vacancy exists in the office of floor leader, as by 
    reason of the floor leader's elevation to the Speakership, the 
    election of a new floor leader and the announcement respecting such 
    election take place in the usual manner.

    Parliamentarian's Note: When the second session of the 87th 
Congress met on Jan. 10, 1962, a vacancy existed in the Speakership due 
to the death of Speaker Sam Rayburn, of Texas, on Nov. 16, 1961. The 
Chairman of the Democratic Caucus, Francis E. Walter, of Pennsylvania, 
called a meeting of the caucus for Jan. 9 for the purpose of selecting 
a candidate for Speaker. No other business was scheduled for this 
meeting. Before the 9th, however, it became apparent that Mr. John W. 
McCormack, of Massachusetts, would be unopposed in the caucus as the 
candidate for Speaker. His selection would create a vacancy in the 
office of the Majority Leader, a position held by Mr. McCormack during 
the first session. During the caucus, Mr. Richard Bolling, of Missouri, 
who had withdrawn as a candidate for Majority Leader before the caucus, 
asked unanimous consent that the caucus proceed to the selection of a 
new Majority Leader to serve when Mr. McCormack was elevated to the 
Speakership. There being no objection to this request, the caucus then 
chose Mr. Carl Albert, of Oklahoma, as Majority Leader. The 
announcement of such selection was made in the House as 
follows:(12)
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12. 108 Cong. Rec. 7, 87th Cong. 2d Sess., Jan. 10, 1962.
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        Mr. Walter: Mr. Speaker, as chairman of the Democratic caucus I 
    am directed to report to the House that the Democratic Members have 
    selected as majority leader the gentleman from Oklahoma, the 
    Honorable Carl Albert.

Election of Floor Leader by Third Party

Sec. 17.3 On occasion, a third party in the House has organized as a 
    caucus or conference and elected a floor leader, whose name has 
    been announced to the House in the usual manner.

    The following announcement was made in the 75th 
Congress:(13)
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13. 81 Cong. Rec. 15, 75th Cong. 1st Sess., Jan. 5, 1937.

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[[Page 213]]

        Mr. [Gardner R.] Withrow [of Wisconsin]: Mr. Speaker, I 
    announce to the House that the Farmer-Labor-Progressive Party's 
    conference by unanimous consent selected Hon. Gerald J. Boileau, of 
    Wisconsin, as floor leader for the Seventy-fifth Congress. 
    [Applause.]

Announcement as to Acting Majority Leader

Sec. 17.4 On occasion, a Majority Leader expecting to be absent has 
    announced in the House the name of one to serve as acting Majority 
    Leader.

    In the 77th Congress, the Majority Leader announced as 
follows:(14)
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14. 88 Cong. Rec. 6668, 77th Cong. 2d Sess., July 27, 1942.
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        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    desire to announce that during my absence the gentleman from 
    Missouri [Mr. John J. Cochran] will act as majority leader.

Selection of Floor Leader as Speaker Pro Tempore

Sec. 17.5 Frequently, the Majority Leader is designated or elected 
    Speaker pro tempore.

    The following excerpt from the Record of the 91st 
Congress(15) exemplifies the manner in which the Majority 
Leader or others have assumed the chair when designated Speaker pro 
tempore. The proceedings, which took place immediately before the 
offering of the prayer, and after the Majority Leader called the House 
to order, were as follows:
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15. 115 Cong. Rec. 1075, 91st Cong. 1st Sess., Jan. 16, 1969.
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        The Speaker pro tempore laid before the House the following 
    communication from the Speaker:
                                                 January 16, 1969.

            I hereby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.
                                            John W. McCormack,
                                            Speaker of the House
                                               of Representatives.

    Similar proceedings occur regularly.(16)
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16. See, for example, 114 Cong. Rec. 3908, 90th Cong. 2d Sess., Feb. 
        22, 1968; and 113 Cong. Rec. 28948, 90th Cong. 1st Sess., Oct. 
        16, 1967. See also Ch. 6, infra.
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    In the 89th Congress, Majority Leader Carl Albert, of Oklahoma, 
Speaker pro tempore by designation, left the chair pending the offering 
of a resolution electing him as Speaker pro tempore during the absence 
of Speaker John W. McCormack, of Massachusetts. The proceedings and the 
resolution, which was offered by the Chairman of the Democratic Caucus, 
were as follows:(17)
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17. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess., Jan. 10, 1966.
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        The Speaker pro tempore (Mr. Albert) laid before the House the 
    following communication:

[[Page 214]]

        . . . I hereby designate the Honorable Carl Albert to act as 
    Speaker pro tempore today.
                                            John W. McCormack,
                                            Speaker of the House
                                               of Representatives.

Following the prayer, certain other business, and the call of the 
House, the proceedings were as follows:

        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Louisiana [Mr. Boggs] to assume the chair.
        Mr. [Hale] Boggs assumed the chair as Speaker pro tempore.
        The Speaker Pro Tempore (Mr. Boggs): The Chair recognizes the 
    gentleman from New York [Mr. Keogh].
        Mr. [Eugene J.] Keogh: Mr. Speaker, on account of the 
    unavoidable absence of the Speaker due to the death of his beloved 
    brother, and at his request, I offer a resolution and ask for its 
    immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 627

            Resolved, That Hon. Carl Albert, a Representative from the 
        State of Oklahoma, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President of the Senate be notified by 
        the Clerk of the election of the Honorable Carl Albert as 
        Speaker pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. Albert assumed the chair as Speaker pro tempore and Mr. 
    Celler administered the oath of office.

    Parliamentarian's Note: Speaker John W. McCormack whose brother 
died on Jan. 7, was not in Washington for the convening of the second 
session of the 89th Congress. Since the duration of the Speaker's 
absence was uncertain, and since there were new Members present to be 
sworn as well as business requiring signature, the election of a 
Speaker pro tempore was considered essential.
    Similar proceedings had taken place in the 88th 
Congress.(18)
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18. See 109 Cong. Rec. 22015, 88th Cong. 1st Sess., Nov. 18, 1963.
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Responsibilities as to Recommittal Motion

Sec. 17.6 A floor leader on occasion has assumed certain 
    responsibilities for the form, content, and introduction of a 
    recommittal motion, although in favor of the bill that was to be 
    the subject of such motion.

    In the 91st Congress, during a debate on the deployment of an anti-
ballistic missile system, considerable discussion centered on a 
prospective motion to recommit the bill containing provisions relating 
to the system. In the course of that discussion, some of which appears 
below, Minority Leader Gerald R. Ford, of Michigan, made

[[Page 215]]

certain comments relating to his responsibilities with respect to the 
motion to recommit, and with respect to the manner in which the issues 
surrounding the anti-ballistic missile system should be presented to 
the House. The proceedings in part were as follows:(19)
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19. 115 Cong. Rec. 28451-28453, 91st Cong. 1st Sess., Oct. 3, 1969.
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        Mr. [Jonathan B.] Bingham [of New York]: . . . Turning to the 
    motion to recommit which I understand will be offered, to strike 
    not only the funds for deployment of ABM but also the funds for 
    continuing research and development, I consider the decision of the 
    minority leader that this should be the form of the motion an 
    outrageous example of the use of arbitrary power. The position 
    stated in the motion to recommit is not a position that has been 
    advocated by any Member of the House during the course of debate. 
    To word the motion to recommit in this way represents a crude 
    effort to reduce the number of votes on record against the 
    Safeguard system.
        . . . Should the ``previous question'' fail to pass, I would 
    welcome the chance to vote for the 10-percent across-the-board cut 
    in this authorization several Members hope to offer as an 
    alternative recommittal motion. . . .
        Mr. [Silvio O.] Conte [of Massachusetts]: . . . The issue . . . 
    is whether to deploy the ABM. This specific question was defeated 
    by a very close vote of 50 to 50 in the Senate. And it is that 
    specific question to which we must now direct our attention.
        Since that is the real issue . . . we must have it presented . 
    . . in a clear and precise way. . . .
        For this reason, the motion to recommit should contain 
    instructions to merely stop the deployment of the ABM. It should 
    not . . . contain instructions to stop research and development on 
    the ABM because this is not the question and because this would 
    give a highly inaccurate and unfair picture of what we in this body 
    sincerely feel.
        . . . I also understand that the gentleman who will offer the 
    motion on the ABM, the gentleman from Wisconsin (Mr. O'Konski), 
    which motion will cover both research and development and 
    deployment of the system, voted for the bill by proxy. In other 
    words, he voted for the ABM' but he is now introducing a motion 
    against the ABM. . . .
        Now the only one present on the minority side, the gentleman 
    from Ohio (Mr. Whalen), voted against the bill in committee. 
    Therefore, and this seems clear to me, he should be the one 
    offering the motion with his instructions attached to it. . . .
        The only way the motion to recommit can be amended is when the 
    previous question is ordered, defeat it. . . . This defeat will 
    then open up the motion to recommit to amendment. I would hope that 
    in these new amendments, after the previous question is out of the 
    picture, we could face deployment of the ABM squarely for all the 
    people to see. . . .
        Mr. Gerald R. Ford: . . . Mr. Chairman, at a later time I had 
    planned to announce what the motion to recommit would be . . . 
    [but] I believe it is appropriate. I do it now.

[[Page 216]]

        First let me say the motion to recommit will be to strike all 
    of the ABM authorizations, $746.4 million. It will not be the 
    amendment offered by the gentleman from California (Mr. Charles H. 
    Wilson) which was defeated yesterday by a vote of 219 to 105.
        Let me speak, if I may, to the gentleman from Ohio. About last 
    Tuesday, I went over to the gentleman from Ohio and said we wanted 
    to vote on the ABM on the motion to recommit. I offered to him the 
    motion to recommit on the ABM. I said he had 24 hours to discuss 
    it, to think about it, but I would appreciate within 24 hours his 
    answer. The next day the gentleman from Ohio came back and said 
    that he did not want the motion to recommit on those terms, he 
    wanted to offer a motion to cut dollars out of the authorization 
    bill.
        Am I correct or incorrect?
        Mr. [Charles W.] Whalen [Jr., of Ohio]: The gentleman is 
    exactly correct. I would hasten to add one other comment he made. 
    The gentleman indicated to me . . . [that] if I did not offer this 
    recommittal motion he would get someone who would.
        Mr. Gerald R. Ford: That is perfectly true. That is my 
    responsibility, and I intend to carry it out, and we are going to 
    carry it out this way, subject, of course, to the will of the 
    House.
        Now, may I proceed.

        The defeat yesterday by a vote of 219 to 105 I believe laid to 
    rest the denial of the deployment of the ABM. A rollcall on that 
    issue in motion to recommit at this time would be totally 
    repetitious. Therefore, I believe the time has come that we 
    actually have a vote on the basic issue, which is whether or not we 
    are going to have an ABM system.
        We have been appropriating for research, development, test, and 
    engineering for some 15 to 16 years, and now the time has come to 
    lay the matter to rest, to fish or cut bait.
        So far as I am concerned, the vote today will be on that basis.
        Under the parliamentary situation, of course, Members can try 
    to get a vote on the previous question, open it up, and then we 
    will see what happens, but from my point of view a 1-year delay in 
    the authorization will bring about dire results the committee 
    points out. . . .
        Let me say right here and now that the time has come where the 
    issue ought to be settled fundamentally. I believe I exercised good 
    sense and good judgment in offering to the gentleman from Ohio (Mr. 
    Whalen) an opportunity. He did not accept it. We have made other 
    plans, and I hope that the House as a whole backs up this decision 
    to make the basic decision one way or the other on the ABM.

    Later in the proceedings, the following motion to recommit was 
offered by Mr. Alvin E. O'Konski, of Wisconsin:(20)
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20. 115 Cong. Rec. 28487, 91st Cong. 1st Sess., Oct. 3, 1969.
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        Mr. O'Konski moves to recommit the bill H.R. 14000 to the 
    Committee on Armed Services with instructions to report it back 
    forthwith with the following amendments:
        On page 2, line 6, delete the figure ``$780,460,000'' and 
    substitute ``$434,960,000''; . . .

[[Page 217]]

    A point of order was made, based on the principle that a Member 
opposed to the bill as a whole is entitled to prior recognition, for 
purposes of offering a motion to recommit, over a Member opposed to a 
portion of the bill; it was contended that Mr. O'Konski, as one opposed 
to the bill ``only in its present form,'' should yield to one who voted 
against the entire bill. The point of order was 
overruled,(1) however, and, after the previous question was 
ordered, the motion to recommit was rejected.(2)
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 1. Id.
 2. 115 Cong. Rec. 28488, 91st Cong. 1st Sess., Oct. 3, 1969.
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Resolutions as to Adoption of Rules

Sec. 17.7 On occasion, the Majority Leader has offered the resolution 
    calling for adoption of House rules.

    Although the resolution pertaining to adoption of the rules at the 
beginning of a Congress is usually offered by the former Chairman of 
the Committee on Rules for that Congress,(3) the resolution 
on occasion has been offered by the Majority Leader. Thus, in the 88th 
Congress,(4) Majority Leader Carl Albert, of Oklahoma, 
offered a resolution calling for adoption of the rules of the 87th 
Congress, together with applicable provisions of the Legislative 
Reorganization Act of 1946, as amended, and with an amendment calling 
for an increase in the membership of the Committee on Rules.
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 3. See Ch. 1, supra.
 4. 109 Cong. Rec. 14, 88th Cong. 1st Sess., Jan. 9, 1963.
---------------------------------------------------------------------------

    In the 89th Congress,(5) the Majority Leader also 
offered the resolution relating to adoption of rules. The resolution 
again called for a controversial amendment affecting the Committee on 
Rules, in this instance the incorporation of the ``21-day 
rule.''(6) It is worth noting that the Majority Leader, in 
offering and participating in debate on the resolution, was acting 
under instructions of the Democratic Caucus, as the Majority Leader 
indicated in the following exchange:(7)
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 5. 111 Cong. Rec. 21, 89th Cong. 1st Sess., Jan. 4, 1965.
 6. See 111 Cong. Rec. 21, 89th Cong. 1st Sess., Jan. 4, 1965.
 7. 111 Cong. Rec. 23, 89th Cong. 1st Sess., Jan. 4, 1965.
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        Mr. [Clarence J.] Brown of Ohio: . . . Will the gentleman yield 
    for me to offer a perfecting amendment? . . .
        Mr. [Carl] Albert [of Oklahoma]: May I say to the gentleman 
    that this resolution is being offered under instructions of the 
    Democratic caucus. I am the agent of the caucus for that

[[Page 218]]

    purpose. I have no authority to yield for amendment or to yield for 
    any purpose in order to allow the bill to be divided.

    In the 90th Congress,(8) Majority Leader Albert offered 
a resolution calling for adoption of House rules, including the 21-day 
rule which had been adopted in the 89th Congress. Following discussion 
of the 21-day rule and other matters, a motion to order the previous 
question with respect to the resolution was rejected.(9) An 
amendment repealing the 21-day rule was then adopted.(10)
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 8. 113 Cong. Rec. 28, 90th Cong. 1st Sess., Jan. 10, 1967.
 9. 113 Cong. Rec. 31, 90th Cong. 1st Sess., Jan. 10, 1967.
10. 113 Cong. Rec. 33, 90th Cong. 1st Sess., Jan. 10, 1967.
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Resolutions as to Size of Committees

Sec. 17.8 A resolution increasing the size of the Committee on 
    Government Operations was offered by the Majority Leader, the 
    minority party leadership having been consulted with respect to 
    issues relating to the resolution.

    In the 89th Congress, Majority Leader Carl Albert, of Oklahoma, 
offered a resolution increasing the size of the Committee on Government 
Operations. As indicated in the remarks of Mr. Albert, the minority 
party leadership had been consulted with respect to issues relating to 
the resolution. The resolution offered by Mr. Albert was as 
follows:(11)
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11. 111 Cong. Rec. 660, 89th Cong. 1st Sess., Jan. 14, 1965.
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                                  H. Res. 114

        Resolved, That during the Eighty-ninth Congress, the Committee 
    on Government Operations shall be Composed of thirty-four members.

After the resolution was read, Gerald R. Ford, of Michigan, the 
Minority Leader, asked that the Majority Leader indicate the 
distribution of the additional members of the Committee. Mr. Albert's 
reply was as follows:(12)
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12. 111 Cong. Rec. 661, 89th Cong. 1st Sess., Jan. 14, 1965.
---------------------------------------------------------------------------

        This is an addition of three memberships to the Committee on 
    Government Operations two of which will be assigned to the majority 
    and one of which will be assigned to the minority.
        This is a matter which has been worked out, as a few other 
    matters have been, between the leadership on both sides for the 
    convenience of the House.

Sec. 17.9 The Majority Leader offered a resolution stating the size of 
    certain standing committees.

    On Jan. 16, 1967,(13) Majority Leader Carl Albert, of 
Oklahoma,

[[Page 219]]

offered the following resolution (H. Res. 128):
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13. 113 Cong. Rec. 445, 90th Cong. 1st Sess.
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        Resolved, That during the Ninetieth Congress the Committee on 
    Agriculture shall be composed of thirty-five members;
        The Committee on Appropriations shall be composed of fifty-one
    members . . .

Resolutions as to Minority Employees

Sec. 17.10 The floor leader has offered resolutions relating to the 
    positions of certain minority employees in the House.

    On Jan. 27, 1949,(14) the Majority Leader, John W. 
McCormack, of Massachusetts, offered a resolution having reference to 
the appointment of certain minority employees of the House. The 
proceedings, including Mr. McCormack's remarks in explanation of the 
purposes of the resolution, were as follows:
---------------------------------------------------------------------------
14. 95 Cong. Rec. 640, 641, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. McCormack: Mr. Speaker, I offer  resolution (H. Res. 62) 
    and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved,
            Sec. 2. That effective January 4, 1949, the compensation of 
        the Deputy Sergeant at Arms in Charge of Pairs, Office of the 
        Sergeant at Arms, and the compensation of the special employee, 
        Office of the Doorkeeper, shall be at the basic rate of $4,000 
        per annum, respectively. . . .
            Sec. 4. There shall be paid out of the contingent fund of 
        the House, until otherwise provided by law, compensation at the 
        basic rate of $5,000 per annum for the services of an assistant 
        Journal clerk; compensation at the basic rate of $5,000 per 
        annum for the services of an assistant tally clerk; 
        compensation at the basic rate of $3,900 per annum for the 
        services of an assistant enrolling clerk; compensation at the 
        basic rate of $3,000 per annum for the services of an assistant 
        bill clerk; all of whom shall be designated by the minority 
        leader subject to the approval of the Speaker. . . .

        Mr. McCormack. Mr. Speaker, it has long been recognized by the 
    leadership of the House that it was desirous to have a corps of 
    trained personnel to function in the various key positions under 
    the service of the House. In order to accomplish that, the 
    resolution creates four assistant clerkships which shall be taken 
    out of patronage and filled by competent men who have proved their 
    worth. . . .
        If this resolution is not adopted at this time the men who held 
    the jobs as head of these various departments will leave the 
    service of the House and their experience and efficiency will be 
    lost. It is desirable that they not only assist in training the top 
    men of the various departments who will shortly be appointed but 
    will aid appreciably in ameliorating the work of these departments.
        It was contemplated in the Legislative Reorganization Act that 
    career employees should be provided for in the staffing of 
    committees but nothing

[[Page 220]]

    tangible was done concerning the employees of the House directly. 
    This resolution will take care of that need by providing a career 
    service for the employees who have proved their worth.
        In the unhappy event that the present majority of the House 
    should become the minority in the Eighty-second Congress then the 
    top men in the departments in this Congress would be designated by 
    the next minority leader to fill the clerkships that this 
    resolution provides, so that in the future there will always be 
    majority and minority employees who are experienced and 
    trustworthy.

    On June 17, 1969,(15) Minority Leader Gerald R. Ford, of 
Michigan, offered a resolution relating to the positions of certain 
minority employees in the House of Representatives. The resolution 
provided that certain designated employees be given the titles of 
``Floor Assistant to the Minority,'' ``Pair Clerk to the Minority,'' 
and ``Staff Director to the Minority,'' and contained further 
provisions relating to compensation of such employees.
---------------------------------------------------------------------------
15. 115 Cong. Rec. 16196, 91st Cong. 1st Sess.
            For general discussion of employees of the House, see Ch. 
        6, infra.
---------------------------------------------------------------------------

Right of Member-elect to be Sworn

Sec. 17.11 In the 90th Congress, the Minority Leader offered, as a 
    substitute for a resolution previously introduced, an amendment 
    deferring administration of the oath to a Member-elect and 
    providing that a select committee consider the right of such 
    Member-elect to be sworn.

    In the 90th Congress, objection was made to the administration of 
the oath to Adam Clayton Powell, Jr., of New York, and a resolution was 
thereafter offered directing the Speaker(16) to administer 
the oath to Mr. Powell, but referring the question of Mr. Powell's 
final right to be sworn to a select committee.(17)
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
17. 113 Cong. Rec. 14, 15, 90th Cong. 1st Sess., Jan. 10, 1967. For 
        general discussion of the rights of the House with respect to 
        determining the qualifications of its Members, see Chs. 7, 12, 
        infra.
---------------------------------------------------------------------------

    Following some debate, the Member who had offered the resolution 
moved the previous question, and the motion was rejected. Immediately 
thereafter,(18) the Minority Leader offered a substitute 
amendment deferring the administration of the oath to Mr. Powell until 
the House had considered a report from a special committee on Mr. 
Powell's rights. The substitute amendment was agreed to, and the 
resolution then adopted.(19)
---------------------------------------------------------------------------
18. 113 Cong. Rec. 24, 90th Cong. 1st Sess., Jan. 10, 1967.
19. 113 Cong. Rec. 26, 27, 90th Cong. 1st Sess., Jan. 10, 1967.

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[[Page 221]]

Resolutions as to Election of Member to Joint Committee

Sec. 17.12 The Majority Leader offered a resolution electing a Member 
    to joint committees.

    In the 90th Congress, Majority Leader Carl Albert, of Oklahoma, 
offered a resolution electing the Chairman of the Committee on House 
Administration to certain joint committees, as follows:(20)
---------------------------------------------------------------------------
20. 114 Cong. Rec. 24368, 90th Cong. 2d Sess., July 31, 1968.
---------------------------------------------------------------------------

                                  H. Res. 1278

        Resolved, That the gentleman from Maryland, Mr. Friedel be, and 
    he is hereby elected a member of the Joint Committee on Printing, 
    and a member of the Joint Committee of Congress on the Library.
        The resolution was agreed to.

Resolutions Acting Salaries

Sec. 17.13 In the 91st Congress, the Majority Leader moved to suspend 
    the rules and pass a bill increasing the President's salary; the 
    resolution was jointly offered by the Majority and Minority Leader 
    and others.

    On Jan. 6, 1969, Majority Leader Carl Albert, of Oklahoma, moved to 
suspend the rules and pass a bill increasing the compensation of the 
President. The proceedings were as follows:(1)
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 172, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, I move to suspend the rules and pass 
    the bill (H.R. 10) to increase the per annum rate of compensation 
    for the President of the United States.
        The Clerk read as follows:

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled, That 
        section 102 of title 3, United States Code, is amended by 
        striking out ``$100,000'' and inserting in lieu thereof 
        ``$200,000''.
            Sec. 2. The amendment made by this Act shall take effect at 
        noon on January 20, 1969.

        The Speaker:(2) Is a second demanded
---------------------------------------------------------------------------
 2. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [H.R.] Gross [of Iowa]: Mr. Speaker, I demand a second.
        The Speaker: Without objection, a second will be considered as 
    ordered.
        There was no objection. . . .
        Mr. Albert: . . . Mr. Speaker, as Members all know, this is the 
    first suspension bill of the 91st Congress. Normally, the Speaker 
    would not recognize Members to call up bills under suspension of 
    the rules this early in the term and without committee 
    consideration. The only reason that this method has been used on 
    this occasion is that it presents to the House the opportunity to 
    consider this legislation before the new President takes office. 
    Members know that under article II, section 1, clause 7, of the 
    Constitution the salary of the President of the United States 
    cannot be increased during his term of office. Therefore, if the 
    matter is to be handled at all, it must be passed by both Houses of 
    the Congress and signed by the President before noon on

[[Page 222]]

    January 20. Members further know, Mr. Speaker, that committee 
    assignments have not been made and will not be made in time for 
    normal hearings and proceedings to be had in order to consider this 
    bill by the deadline.

        In view of these circumstances, the distinguished minority 
    leader and the distinguished Chairman and ranking member of the 
    Committee on Post Office and Civil Service and myself have jointly 
    offered this resolution for the consideration of the Members of the 
    House. . . .

In the ensuing debate, the following remarks were made by the Minority 
Leader:(3)
---------------------------------------------------------------------------
 3. 115 Cong. Rec. 174, 91st Cong. 1st Sess., Jan. 6, 1969.
---------------------------------------------------------------------------

        Mr. Gerald R. Ford [of Michigan]: . . . I compliment [the 
    Majority Leader] for taking the initiative in advocating this 
    legislation for a President not of his own party. . . .

After some debate, the question was taken, and, two-thirds having voted 
in favor thereof, the rules were suspended and the bill was 
passed.(4)
---------------------------------------------------------------------------
 4. 115 Cong. Rec. 176, 91st Cong. 1st Sess., Jan. 6, 1969.
---------------------------------------------------------------------------

Sec. 17.14 The Majority Leader offered a resolution relating to the 
    appointment and salaries of certain House employees.(5)
---------------------------------------------------------------------------
 5. See Sec. 17.10, supra, for discussion of the resolution.
---------------------------------------------------------------------------

Responsibilities Relating to Capitol Facilities

Sec. 17.15 The Majority and Minority Leaders of the House were included 
    in the membership of the Commission on the Extension of the 
    Capitol.

    The membership on the Commission on the Extension of the Capitol, 
which originally consisted of the Speaker, the President of the Senate, 
the Minority Leaders of the two Houses, and the Architect of the 
Capitol, was enlarged in the 91st Congress to include the Majority 
Leaders of the House and Senate.(6)
---------------------------------------------------------------------------
 6. 115 Cong. Rec. 26568, 26569, 91st Cong. 1st Sess., Sept. 23, 1969.
---------------------------------------------------------------------------

Sec. 17.16 On certain occasions, the Speaker has consulted with the 
    floor leaders of both parties with respect to the regulation of 
    floor privileges.

    In the 87th Congress, the Speaker made an 
announcement(7) concerning floor privileges and related 
matters, which he indicated to have been the subject of

[[Page 223]]

consultation between the Speaker and the floor leaders.
---------------------------------------------------------------------------
 7. 107 Cong. Rec. 1340, 87th Cong. 1st Sess., Jan. 26, 1961 (Speaker 
        Sam Rayburn [Tex.]). The announcement related to a joint 
        session to hear an address by the President.
---------------------------------------------------------------------------

Sec. 17.17 Regulations governing the use of the House office buildings, 
    the House garages, and the Capitol power plant were inserted in the 
    Record by the Majority Leader.

    On Sept. 15, 1965, the Majority Leader asked that there be printed 
in the Record and the Journal certain regulations adopted by the House 
Office Building Commission governing the House office buildings and 
garages and the Capitol power plant.(8)
---------------------------------------------------------------------------
 8. 111 Cong. Rec. 23926, 23927, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

Election of Floor Leader to Standing Committee

Sec. 17.18 On occasion, a floor leader has been elected to a standing 
    committee of the House.

    In the 87th Congress, immediately after the House adopted a 
resolution increasing the membership of the Committee on Science and 
Astronautics, a resolution was offered electing the Majority Leader, 
John W. McCormack, of Massachusetts, to the committee. The proceedings 
were as follows:(9)
---------------------------------------------------------------------------
 9. 107 Cong. Rec. 7965, 87th Cong. 1st Sess., May 15, 1961.
---------------------------------------------------------------------------

        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I offer a 
    privileged resolution and ask for its immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 290

            Resolved, That the following-named Members be, and they are 
        hereby, elected members of the following standing committees of 
        the House of Representatives:
            Committee on Science and Astronautics: John W. McCormack, 
        Massachusetts. . . .

    In the 90th Congress, the Majority Leader, Carl Albert, of 
Oklahoma, resigned his position on the Committee on Science and 
Astronautics(10) and was elected to fill a vacancy on the 
Committee on Education and Labor.(11)
---------------------------------------------------------------------------
10. Mr. Albert had been named to this committee in the resolution 
        electing Democratic Members to standing committees (113 Cong. 
        Rec. 1086, 90th Cong. 1st Sess., Jan. 23, 1967).
11. See 113 Cong. Rec. 6901, 6902, 90th Cong. 1st Sess., Mar. 16, 1967.
---------------------------------------------------------------------------

    Parliamentarian's Note: Although the ratio on the Committee on 
Education and Labor had been fixed at nineteen to fourteen, only 
eighteen Democrats had been elected to membership thereon. The 
existence of the vacancy effectively changed the ratio on the committee 
and on all subcommittees established under the full committee. The 
election of the

[[Page 224]]

Majority Leader reinforced the Democratic advantage on the full 
committee and relieved the pressure from the minority for a larger 
proportion of minority Members on the subcommittees. His election also 
removed the impression that the vacancy had been left to exist pending 
disposition of the controversy over whether the former chairman of the 
committee, Adam Clayton Powell, Jr., of New York, was to be seated in 
the House.
    Generally, floor leaders are not appointed to and do not serve on 
standing committees.(12)
---------------------------------------------------------------------------
12. In the 87th Congress, Mr. Carl Albert (Okla.) resigned from the 
        Committee on Agriculture after his selection as Majority 
        Leader. 108 Cong. Rec. 470, 87th Cong. 2d Sess., Jan. 18, 1962.
---------------------------------------------------------------------------

Service of Summons on Floor Leader

Sec. 17.19 The floor leaders, having been summoned to appear in Federal 
    Court, submitted the matter of such summons for the consideration 
    of the House.

    On July 8, 1965, the following proceedings took 
place:(13)
---------------------------------------------------------------------------
13. 111 Cong. Rec. 15978, 89th Cong. 1st Sess.
            For a discussion of privileges of the House generally, see 
        Ch. 11, infra.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I rise to a 
    question of the privilege of the House.
        The Speaker:(14) The gentleman will state the 
    question of privilege.
---------------------------------------------------------------------------
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, in my official capacity as a 
    Representative and as majority leader of this House, I have been 
    served with a summons issued by the U.S. District Court for the 
    District of Columbia to appear in connection with the case of the 
    All-American Protectorate, Inc. against Lyndon B. Johnson, and 
    others.

        Under the precedents of the House, I am unable to comply with 
    this summons without the consent of the House, the privileges of 
    the House being involved. I therefore submit the matter for the 
    consideration of this body.
        I send to the desk the summons.
        The Speaker: The Clerk will read the subpena. . . .
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, I rise for the 
    same purpose as the distinguished majority leader and I would like 
    to read a statement.
        Mr. Speaker, in my official capacity as a Representative and as 
    minority leader of this House, I have been served with a summons 
    issued by the U.S. District Court for the District of Columbia to 
    appear in connection with the case of the All-American 
    Protectorate, Incorporated, against Lyndon B. Johnson et al.
        Under the precedents of the House, I am unable to comply with 
    this summons without the consent of the House, the privileges of 
    the House

[[Page 225]]

    being involved. I therefore submit the matter for the consideration 
    of this body.

    Parliamentarian's Note: In the 90th Congress, the Majority and 
Minority Leaders, and others, were summoned in a civil action brought 
by Adam Clayton Powell, Jr., of New York, who was contesting his 
exclusion from the House. The Speaker(15) submitted the 
matter to the House on behalf of all those served with summonses. The 
majority whip offered a resolution authorizing the Speaker to appoint 
counsel to represent the Members;(6) the resolution was 
agreed to.(17)
---------------------------------------------------------------------------
15. John W. McCormack (Mass.).
16. 113 Cong. Rec. 6040, 6041, 90th Cong. 1st Sess., Mar. 9, 1967.
17. 113 Cong. Rec. 6049, 90th Cong 1st Sess., Mar. 9, 1967.
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