[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[A. The Speaker]
[Â§ 2. Definition and Nature of Office]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 431-435]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 2. Definition and Nature of Office

    Article I, section 2, of the U.S. Constitution provides that ``the 
House of Representatives shall chuse their Speaker.''(1) The 
Member elected by the House as Speaker is almost invariably the Member 
chosen in the caucus or conference of the majority party in the 
House.(2)
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 1. See Ch. 1, supra, for treatment of the election of the Speaker.
 2. See Ch. 3, supra, for treatment of the party caucus or conference 
        procedures to select a nominee for Speaker.
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    The term of office of the Speaker begins upon his election and 
taking of his oath of office. The term ends upon the expiration of the 
Congress to which the Member was elected Speaker, unless the Speaker 
has resigned, died, or been removed by the House.(3)
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 3. ``A Speaker may be removed at the will of the House. . . .'' 
        Jefferson's Manual, House Rules and Manual Sec. 315 (1973). 
        Parliamentarian's Note: The House has never removed a Speaker, 
        however.
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    The Member chosen as the Speaker is the presiding officer of the 
House, charged with numerous duties and responsibilities by law and by 
House rules as will be ex-emplified in this subchapter;(4)

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but he is not unlimited in the exercise of his various 
powers.(5) In one sense, he represents the House as one body 
of Congress. For example, he signs all acts and joint resolutions for 
the House.(6) In another sense he represents the House as a 
single entity acting separately from any Senate action. For example, he 
has a formal part in initiating contempt of House proceedings against 
recalcitrant witnesses.(7) In still another sense he 
represents all of the individual Members of the House.(8) 
The Member elected Speaker also represents the membership in such 
matters as accepting service of subpena in his official 
capacity.(9)
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 4. See Sec. Sec. 3, 5-8, infra.
 5. See Sec. 4, infra.
 6. Rule I clause 4, House Rules and Manual Sec. Sec. 624 and 625 
        (1973). See Ch. 24, infra, for fuller treatment of the 
        Speaker's role in the signing of bills, joint resolutions, etc.
 7. See Sec. 3.41, infra.
 8. See Ch. 29, infra, for fuller treatment of the Speaker's role in 
        the House's consideration and debate of legislative measures.
 9. See Sec. 3.39, infra. See Ch. 11, infra, for treatment of the 
        Speaker's's role with respect to service of subpenas on the 
        House, Members, and House officers and employees.
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    The Speaker also serves as the official recipient of numerous 
reports made to Congress pursuant to law. For instance, he receives 
reports concerning various matters from the President,(10) 
and from various department heads and Cabinet Secretaries, including 
the Secretaries of the Treasury,(~11) 
Agriculture,(12) Defense,(13) and 
Interior,(14) as well as the Board of Governors of the 
Federal Reserve System.(15) Pursuant to House 
rules(16) the Speaker is provided a list of such reports to 
be made to the Congress(17) and, although the reports may 
not under law be specifically required to be addressed to him, in 
practice all such reports are addressed to the Speaker for his 
reference to appropriate House committees, a function he may delegate 
to the House Parliamentarian.
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10. See 7 USC Sec. 1703; 22 USC Sec. Sec. 1853, 2261, 2318, and 2753. 
        See Ch. 35, infra, for treatment of communications to or from 
        the executive branch.
11. See 6 USC Sec. 14 and 16 USC Sec. 1081.
12. See 7 USC Sec. 2155.
13. See 10 USC Sec. 2358 note.
14. See 16 USCA Sec. 469e.
15. See 12 USCA Sec. 247.
16. Rule III clause 2, House Rules and Manual Sec. 640 (1973).
17. See for example H. Doc. No. 93-21, 93d Cong. 1st Sess. (1973).
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    The Member chosen as Speaker also serves in such capacities as an 
ex officio member of the Presidential Election Campaign Fund Advisory 
Board.(18)
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18. 26 USCA Sec. 9021.

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[[Page 433]]

    The Speaker's compensation is fixed by law.(19) Statutes 
provide the Speaker with an expense allowance,(20) a postage 
allowance,(1) a mileage allowance for travel to and from 
each regular session,(2) a stationery 
allowance,(3) telephone, telegraph, and radiotelegraph 
allowances,(4) clerk-messengers,(5) and 
additional compensation for personal services in his 
office.(6)
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19. See 2 USC Sec. 31. See Ch. 7, infra, for treatment of Members' 
        compensation and allowances.
20. See 2 USC Sec. 31b.
 1. See 2 USC Sec. Sec. 42, 42c, and 42d.
 2. See 2 USC Sec. Sec. 43, 43b, and 43b-1.
 3. See 2 USC Sec. 46b.
 4. See 2 USC Sec. Sec. 46g and 46g-1.
 5. See 2 USC Sec. 74-2.
 6. See 2 USC Sec. 74-1.
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    The amounts of allowances to the Speaker for clerk 
hire,(7) postage stamps, stationery, telephone and 
telegraph, office space, and official office expenses in his home 
district and for similar items in his Washington office may from time 
to time be adjusted by the Committee on House Administration.
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 7. See 2 USC Sec. 57.
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    The Member chosen as Speaker retains his status as a Member, and 
thus, for example, may introduce legislation as a Member.(8) 
But he also attains a new status along with his additional duties. Most 
significantly, he enters into the line of succession to the Presidency. 
When, by reason of death, resignation, removal from office, inability, 
or failure to qualify, there is neither a President nor a Vice 
President, the Speaker, upon his resignation as Speaker and as a 
Representative, becomes the acting President of the United 
States.(9) Thus the Speaker is subject to being protected by 
the United States Secret Service.(10)
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 8. See Sec. 2.2, infra. See Ch. 16, infra, for treatment of the 
        introduction of bills, etc.
 9. 3 USC Sec. 19.
10. 18 USC Sec. 3056.
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    Former Speakers of the House have been provided clerk hire, 
administrative assistants,(11) the use of an 
automobile,(12) and federal office space and related 
allowances and expenses for a prescribed time limit after 
retirement.(13)
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11. See Sec. 2.3, infra.
12. See Sec. 2.4, infra.
13. See Sec. 2.5, infra.
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    Upon the death of a Speaker holding office, the flag of the United 
States is flown at half staff.(1~4)
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14. 36 USC Sec. 175 note; Proc. No. 
        3044.                          -------------------
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Speaker as Representative of the Members

Sec. 2.1 House rules(15) and practice dictate that Members

[[Page 434]]

    should address the Speaker in debate, and no other persons, 
    inasmuch as the Speaker is said to represent all of the Members of 
    the House for such purpose.
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15. Rule XIV clause 1, House Rules and Manual Sec. 749 (1973).
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    On Jan. 12, 1932,(16) Speaker John N. Garner, of Texas, 
discussed the proper way for a Member to preface his remarks to the 
House.
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16. 75 Cong. Rec. 1815, 72d Cong. 1st Sess.
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        The Speaker: The Chair is in entire sympathy with the remarks 
    made by the gentleman from Massachusetts [Mr. Luse]. It is supposed 
    to be a slight upon the Chair, according to the expressions of 
    former Speakers of the House, when Members address the Chairman of 
    the Committee of the Whole or the Speaker and then address the 
    Members on the floor en masse. The Speaker represents the House of 
    Representatives in its organization, and by addressing the Chair 
    gentlemen address the entire membership of the House.

Sponsorship of Bills

Sec. 2.2 Although traditionally the Speaker refrains from sponsoring 
    public bills containing subject matter of a general import, he has 
    on occasion introduced a public bill pertaining solely to a matter 
    within his congressional district.

    On May 21, 1970,(17) a public bill was introduced by 
Speaker John W. McCormack, of Massachusetts:
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17. 116 Cong. Rec. 16643, 91st Cong. 2d Sess.
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        Under clause 4 of rule XXII, public bills and resolutions were 
    introduced and severally referred as follows: . . .
        By Mr. McCormack:
        H.R. 17750. A bill to declare the tidewaters in the waterway of 
    the Fort Point Channel lying between the northeasterly side of the 
    Summer Street highway bridge and the easterly side of the 
    Dorchester Avenue highway bridge in the city of Boston nonnavigable 
    tidewaters, to the Committee on Interstate and Foreign Commerce. . 
    . .

Former Speakers' Benefits

Sec. 2.3 Former Speakers have been provided clerk hire and 
    administrative assistants through the contingent fund of the House.

    On Jan. 12, 1959,(18) a resolution was adopted regarding 
benefits for former Speakers of the House.
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18. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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        Resolved, That effective January 7, 1959, there shall be 
    payable from the contingent fund of the House, until otherwise 
    provided by law, for any Member of the House who has served as 
    Speaker of the House, an additional $5,000 basic per annum for 
    clerk hire,

[[Page 435]]

    and in addition an administrative assistant at the basic rate of 
    $8,880 per annum.
        The Speaker:(19) Without objection, the resolution 
    is agreed to.
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19. Sam Rayburn (Tex.)
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        There was no objection.

Sec. 2.4 Former Speakers have been provided the use of automobiles 
    through the contingent fund of the House.

    On Jan. 12, 1959,(20) a resolution was adopted regarding 
benefits for former Speakers of the House.
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20. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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        Resolved, That there shall be paid out of the contingent fund 
    of the House, until otherwise provided by law, expenses necessary 
    for the purchase, maintenance, operation, and driving of an 
    automobile for the use of any Member of the House who has served as 
    Speaker of the House.
        The Speaker(21) Without objection, the resolution is 
    agreed to.
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21. Sam Rayburn (Tex.).
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        There was no objection.
        A motion to reconsider was laid on the table.

Sec. 2.5 Upon retirement, a former Speaker was provided with federal 
    office space and related expenses and allowances.

    On Dec. 22, 1970,(22) a resolution was called up 
providing that upon its enactment the Speaker of the 91st Congress, Mr. 
John W. McCormack, of Massachusetts, would upon his retirement be 
entitled to, among other things: (1) federal office space, (2) an 
office expense of $100 per month, (3) frank mail privileges, (4) a 
local telephone allowance, (5) salaries for two secretaries, and (6) a 
stationery allowance without cash withdrawal, all to be financed from 
the contingent fund of the House. After some debate, the resolution was 
passed.
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22. 116 Cong. Rec. 43313, 43314, 91st Cong. 2d Sess.
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