[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6. Officers, Officials, and Employees]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 425-429]
CHAPTER 6
Officers, Officials, and Employees
[[Page 425]]
A. The Speaker
Sec. 1. Introductory
Sec. 2. Definition and Nature of Office
Sec. 3. Jurisdiction and Duties
Sec. 4. Limitations on the Speaker's Powers
Sec. 5. Participation in Debate and Voting
Sec. 6. Power of Appointment; Legislative Authority
Sec. 7. Preserving Order on the House Floor
Sec. 8. Preserving Order in the House Galleries
B. Speaker Pro Tempore
Sec. 9. Introductory
Sec. 10. Definition and Nature of Office
Sec. 11. Oath of Office; Term of Office
Sec. 12. Designation of Speaker Pro Tempore
Sec. 13. --House Approval
Sec. 14. Election of Speaker Pro Tempore
C. House Officers
Sec. 15. Qualifications
Sec. 16. Election
Sec. 17. Oath; Compensation
Sec. 18. Duties of the Clerk
Sec. 19. Duties of the Sergeant at Arms
Sec. 20. Duties of the Doorkeeper
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Commentary and editing by Roy Miller, LL.B., and Thomas J. Nicola,
J.D.
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[[Page 426]]
Sec. 21. Duties of the Chaplain
Sec. 22. Vacancies; Selection of Successors
D. As Party Defendant or Witness
Sec. 23. In General; Immunities
E. Employment
Sec. 24. In General
Sec. 25. Creating Positions
Sec. 26. Minority Positions
Sec. 27. Compensation
[[Page 426]]
INDEX TO PRECEDENTS
Addressing another Member in debate, Sec. Sec. 7.3 et seq.
Appointment of committees, announcements by Speaker as to, Sec. 6.4
Appointment of conferees, procedure for, Sec. Sec. 6.14 et seq.
Benefits for former Speakers, Sec. 2.3
Bills, sponsorship of, by Speaker, Sec. 2.2
Chaplain
absence of, Sec. Sec. 21.8, 21.9
appointment of temporary, Sec. 22.4
election as emeritus, Sec. 16.7
election of, Sec. 16.8
election of, in uncontested vote, Sec. 16.2
election of temporary appointee, Sec. 16.9
prayers after death of Speaker, Sec. 21.4
prayers offered on special occasions, Sec. 21.6
Clerk of the House
legal representation of, Sec. Sec. 23.3 et seq.
subpena, receipt of, 23.8
summons, receipt of, Sec. 23.1
Clerk of the House, duties of
authorized to designate an acting Clerk, Sec. 18.18
calling roll in Committee of the Whole, Sec. 18.5
custodian of House records, Sec. 18.8
duties at commencement of Congress, Sec. Sec. 18.1, 18.2
forms, Sec. Sec. 18.13 et seq.
furnishes identification cards for employees, Sec. 18.9
payroll duties, Sec. 18.10
purchases House seal, Sec. 18.7
receives committee reports, Sec. 18.16
receives election certificates, Sec. 18.19
receives messages during adjournment, Sec. 18.13
receives messages from President, Sec. 18.14
receives messages from Senate, Sec. 18.15
reports receipt of Supreme Court messages, Sec. 18.3
Committee of the Whole, appointment of Chairman by Speaker, Sec. 6.1
Committees, authority of Speaker to appoint, Sec. Sec. 6.3 et seq.
[[Page 427]]
Committees, filling vacancies on, by Speaker, Sec. Sec. 6.13 et seq.
Congressional Record policies, determination of, Sec. 4.1
Contempt certification, Speaker's role in, Sec. Sec. 3.40 et seq.
Criticism of Speaker in debate, procedure when, Sec. 3.11
Debate, controlling scope of, by Speaker, Sec. 3.24
Debate, control of time for, by Presiding Officer, Sec. Sec. 3.25 et
seq.
Designation of Speaker pro tempore
House approval of, Sec. Sec. 13.1, 13.2
in writing by Speaker, Sec. 12.2
in writing by Speaker pro tempore, Sec. 12.4
orally by Speaker, Sec. 12.1
orally by Speaker pro tempore, Sec. 12.3
withdrawal of designation, Sec. 12.6
Doe v McMillan and immunity from suit, Sec. 23.14
Dombrowski v Eastland and immunity, Sec. 23.10
Doorkeeper
election of, Sec. 16.6
subpena, receipt of, Sec. 23.9
Doorkeeper, duties of
call of the House, Sec. Sec. 20.6, 20.7
calling House to order, Sec. 20.8
controls access to the galleries, Sec. Sec. 20.1-20.5
Election of officers
Chaplain, Sec. 16.8
Chaplain emeritus, Sec. 16.7
Chaplain, temporary appointee elected as, Sec. 16.2
Clerk, election of, Sec. 16.3
Doorkeeper, Sec. 16.6
procedure at commencement of Congress, Sec. Sec. 16.1, 16.2
Sergeant at Arms, Sec. 16.5
Sergeant at Arms, temporary appointee elected as, Sec. 16.4
Employee compensation
adjustments in, Sec. 27.3
announcement of adjustments in, Sec. 27.9
changes affected in, by salary comparability policy, Sec. 27.8
fixing amount of, Sec. 27.1
fixing limits on, Sec. 27.4
increasing amount of, Sec. 27.2
Employee overtime compensation
provision for payment of, Sec. 27.6
Employees' payroll
transfer of funds to, Sec. 27.5
Employment policy
announcement of changes in, Sec. 25.1
Exhibit, permission to display, in debate, Sec. 4.10
Floor privileges, enforcement of, Sec. 7.6
Galleries, control over, Sec. Sec. 8.1 et seq.
Gravel v United States and immunity from suit, Sec. 23.13
House Chamber, controlling use of Sec. Sec. 7.16 et seq.
House floor, controlling distribution of materials on, Sec. 7.15
House rules, construction of, by Speaker, Sec. 3.29
Immunity under Speech or Debate Clause, Sec. Sec. 23.10-23.14
Inquiries, answers to, by Speaker, Sec. 3.33
Inquiries to Members, by Chair, Sec. 3.32
Interruptions, Speaker's control over, Sec. Sec. 7.1 et seq.
Legal representation, in litigation involving House officers,
Sec. Sec. 23.3-23.5
Meeting, time and place of, Sec. 3.4
Member's floor movements, Speaker's control over, Sec. 7.13
Members, reference to, Speaker's control over, Sec. Sec. 7.9 et seq.
Minority employees
designation of, Sec. 26.1
[[Page 428]]
establishment of titles for, Sec. 26.2
Minority party member as Speaker pro tempore, Sec. 12.7
Motion, statement of, by Speaker, Sec. 3.15
Oath, administration of, by Speaker, Sec. 3.2
Oath, of House officer, Sec. Sec. 17.1, 17.2
Oath, of Speaker pro tempore, Sec. Sec. 11.1-11.6
administered by Member, Sec. 11.5
administered by Speaker, Sec. 11.4
Parliamentarian, consultation with, as to bill reference, Sec. 4.3
Parliamentary inquiries, duty of Speaker to answer, Sec. 4.11
Personnel salary allowances
increasing amount of, Sec. 27.7
Point of order as dilatory, ruling by Speaker, Sec. 4.9
Powell v McCormack and immunity from suit, Sec. 23.11
Prayers
at death of Speaker, Sec. 21.4
printing of, Sec. 21.5
when offered, Sec. Sec. 21.2, 21.3
President, notification to
of designation and approval of Speaker pro tempore, Sec. 13.2
of election of Speaker pro tempore, Sec. 14.2
Quorum requirement as to prayer, Sec. 21.1
Reading of papers, Speaker's control over, Sec. 7.12
Recess, authority of Speaker to declare, Sec. Sec. 4.34 et seq.
Recess, declaration by Speaker in emergency, Sec. 3.44
Recognition, by Speaker, when required, Sec. Sec. 4.30 et seq.
Recognition, power of, in Speaker, Sec. Sec. 3.16 et seq.
Record, control of, by Speaker, Sec. 3.12
Reference of bill, announcement as to, by Speaker, Sec. 4.2
Referral of measures to committee by Speaker, Sec. Sec. 3.5 et seq.
Resolution as privileged. time for determination, Sec. 3.30
Resolutions and special orders, Speaker's rulings as to, Sec. Sec. 4.7
et seq.
Romney v United States, Sergeant at Arms, duties, Sec. 19.3
Rules of comity, enforcement by Speaker, Sec. 3.45
Rulings by Speaker as to constitutionality, consistency, or effect of
language, Sec. Sec. 4.18 et seq.
Senate, notification to
of designation and approval of Speaker pro tempore, Sec. 13.2
of election of Speaker pro tempore, Sec. 14.2
Senate rules, interpretations by Speaker as to, Sec. 4.6
Senators, reference to, Speaker's control over, Sec. 7.7
Sergeant at Arms
appointment of temporary, Sec. Sec. 22.2, 22.3
election of, Sec. Sec. 16.3-16.5
election of temporary appointee as, Sec. 16.4
keeps accounts of pay and mileage of
Members, Sec. Sec. 19.1-19.3
legal representation of, Sec. 23.5
subpena, receipt of, Sec. 23.7
summons, receipt of, Sec. 23.2
Speaker pro tempore, actions of, requiring authorization of House,
Sec. Sec. 12.8-12.14, 14.13-14.16
Speaker pro tempore, duties of
designated Speaker pro tempore, Sec. Sec. 12.8-12.16
[[Page 429]]
elected Speaker pro tempore, Sec. Sec. 14.8-14.13
Speaker pro tempore, election resolution, form of, Sec. 14.1
Speech or Debate Clause immunity, Sec. Sec. 23.10-23.14
Doe v McMillan, Sec. 23.14
Dombrowski v Eastland, Sec. 23.10
Gravel v United States, Sec. 23.13
Powell v McCormack, Sec. 23.11
Stamler v Willis, Sec. 23.12
Sponsorship of bills by Speaker, Sec. 2.2
Subpena, acceptance of, by Speaker, Sec. 3.39
Subpena, receipt of
by Clerk, Sec. 23.8
by Doorkeeper, Sec. 23.9
by Sergeant at Arms, Sec. 23.7
Summons, receipt of, Sec. Sec. 23.1, 23.2
Tellers, appointment of, by Speaker, Sec. Sec. 6.21 et seq.
Terms of office of Speakers pro tempore, Sec. Sec. 11.7-11.15
Unanimous-consent requests, putting of, by Speaker, Sec. 3.14
Vacancies
among House officers, temporary appointment to fill, Sec. 6.25
appointments by Speaker, of temporary officers, Sec. Sec. 22.1-22.4
Withdrawal of designation of Speaker pro tempore, Sec. 12.6
DESCHLER'S PRECEDENTS
[[Page 431]]
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 1. Introductory
The Speaker of the House of Representatives is the central
political leader in the House and one of the most powerful and
influential institutional figures in the United States government.
This subchapter describes the nature of the office of the Speaker,
outlines his jurisdiction and duties, and illustrates various
limitations on the Speaker's powers.
Throughout the subchapter, appropriate cross references are given
to other chapters wherein fuller treatment of the various substantive
areas are found.
Certain precedents involving the Chairman of the Committee of the
Whole have been included herein where they appear to be applicable, by
way of analogy, to the Speaker.
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)
[[Page 432]]
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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CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 3. Jurisdiction and Duties
The Speaker's jurisdiction and duties are found in numerous
statutes and, of course, throughout the House rules.
Generally speaking, the Speaker's jurisdiction and duties relate to
the House rules, the Members, and the dignity and prerogatives of the
House.(1)
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1. See Sec. 3.1. infra.
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At the beginning of a Congress, the Speaker normally administers
the oath of office to the new Members.(2) When a Speaker pro
tem
[[Page 436]]
pore is elected or designated and approved, the Speaker, if he is
present, also administers the oath of office to the Speaker pro
tempore.(3) In addition, the Speaker has the power to
administer oaths to witnesses.(4)
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2. See Sec. 3.2, infra, and 2 USC Sec. 25 (1973). See Ch. 1, supra,
for treatment of the Speaker's role in the assembly of
Congress.
3. See Sec. 3.3, infra.
4. 2 USC Sec. 191. See Ch. 15, infra, for treatment of the Speaker's
role in House investigations and inquiries.
Parliamentarian's Note: This statutory power has rarely
been used by Speakers in modern times.
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Under various House rules the Speaker presides over all regularly
scheduled House business:
(1) He calls the Members to order at the beginning of each daily
session.(5) Under the constitutional provisions dealing with
quorums(6) the Speaker then proceeds unless objection is
raised that a quorum is not present.(7~)
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5. Rule I clause 1, House Rules and Manual Sec. 621 (1973). See Ch.
20, infra, for the Speaker's role in the call of the House.
6. U.S. Const. art I, Sec. 5.
7. See Ch. 20, infra, for treatment of the Speaker's role in
determining the presence of a quorum.
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(2) If a quorum is present, the Speaker, having examined the House
Journal, may announce his approval of it. It is ordinarily not read
unless such is insisted upon.(8)
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8. Rule I clause 1, House Rules and Manual Sec. 621 (1973). See Ch. 5,
supra, for treatment of the Speaker's duties with regard to the
House Journal.
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(3) The next item of business under the rules--though infrequently
applied--is the reference(9) or correction of reference of
bills, joint resolutions, etc., to appropriate
committees.(10) In this regard, the Speaker may defend his
reference of measures should they be challenged.(11)
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9. See Sec. 3.5, infra. See also Sec. 4.3, infra. See Ch. 16, infra,
for fuller treatment of the Speaker's role in the reference of
bills, etc., to committees.
10. See Sec. 3.6, infra.
11. See Sec. 3.7, infra. See Ch. 29, infra, for fuller treatment of the
Speaker's participation in debate.
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(4) The Speaker next disposes of business on the Speaker's table.
Such business includes Presidential messages, communications from
department heads, and measures sent to the House by the
Senate.(12)
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12. Rule XXIV clauses 1 and 2, House Rules and Manual Sec. 878, et seq.
(1973. See also Sec. 2, supra, for examples of reports cleared
through the Speaker's office.
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(5) The Speaker then proceeds to unfinished
business.(13) Under the rules, then comes the morning hour
for the consideration of bills called up by committees;(14)
how
[[Page 437]]
ever, this procedure is not followed under present House practices,
since the House proceeds to business under other provisions of the
rules.
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13. Rule XXIV clauses 1 and 3, House Rules and Manual Sec. Sec. 878 and
885-888 (1973)
14. Rule XXIV clauses 1 and 4, House Rules and Manual Sec. Sec. 889,
890 (1973).
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(6) Next under the House rules, the Speaker is required to allow up
to one hour for the call of the committees under the regular order
before a motion can be entertained to go into the Committee of the
Whole House on the state of the Union.(15) Again, this is
largely an obsolete procedure, since by resolutions from the Committee
on Rules the House normally prescribes a different order of business.
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15. Rule XXIV clause 5, House Rules and Manual Sec. Sec. 891, 892
(1973).
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When a motion is made for the House to resolve itself into the
Committee of the Whole, the Speaker appoints the Chairman of the
Committee.(16)
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16. Rule XXIII clause 1, House Rules and Manual Sec. 861 (1973). See
also Sec. Sec. 6.1 and 6.2, infra. See Ch. 19, infra, for
fuller treatment of the Speaker's role in relation to the
Committee of the Whole.
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(7) When the Committee of the Whole finally rises to report back to
the House, the Speaker resumes the Chair and proceeds to the orders of
the day.(17)
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17. Rule XXIV clause 1, House Rules and Manual Sec. 878 (1973). See
also Jefferson's Manual, House Rules and Manual Sec. 384
(1973).
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During a daily session if the Speaker desires to be absent from the
Chair momentarily, he has the right under the House rules to designate
a Speaker pro tempore.(18) He may also designate a Speaker
pro tempore for longer periods, or even invite the election of one,
under certain circumstances.(19) When the Speaker is
criticized during debate, it is considered proper for him to designate
a Speaker pro tempore to rule on whether the criticism is
unparliamentary.(20)
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18. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
19. See Sec. Sec. 9 et seq., infra, for treatment of Speakers pro
tempore.
20. See 3.11, infra.
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Many more or less routine functions of the Speaker are of course
accomplished off of the floor of the House. Examples of these are:
(1) The Speaker certifies the salary and mileage accounts of
Members as required by statute.(1)
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1. 2 USCA Sec. 48. See Ch. 7, infra, for treatment of the
compensation, allowances, perquisites, and emoluments of
Members.
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(2) The Speaker has the statutory duty to certify to the
appropriate U.S. District Attorney the names of persons found to be in
contempt of House committees for prosecution(2) when the
House has formally authorized such ac
[[Page 438]]
tion.(3) Likewise, he certifies names of persons who have
purged themselves of the contempt charges to the U.S. District
Attorneys after formal House authorization.(4)
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2. 2 USC Sec. 194.
3. See Sec. 3.40, infra.
4. See Sec. 3.43, infra.
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(3) Whenever a vetoed measure is approved by two-thirds of both
Houses of Congress, the Speaker sends the original measure to the
General Services Administration for promulgation, if the House was the
last body to act on the measure.(5)
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5. 1 USC Sec. 106a.
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The Speaker generally informs the House of actions taken pursuant
to House authorization. For instance, the Speaker will inform the House
when he has signed enrolled bills during an adjournment of the
House,(6) or when, acting in his official capacity as
spokesman of the House, he has accepted a subpena served on the
House.(7) It is also considered the Speaker's duty to inform
the House when a Speaker pro tempore has acted for him during an
adjournment.(8)
---------------------------------------------------------------------------
6. See Sec. 3.9, infra.
7. See Sec. 3.39, infra.
8. See Sec. 3.10, infra.
---------------------------------------------------------------------------
In certain unusual circumstances, the Speaker is considered to have
the inherent power to act on the Members' behalf without House
authorization. For example, in emergency situations, the Speaker is
considered to have the inherent power to declare the House in recess,
subject to the call of the Chair.(9)
---------------------------------------------------------------------------
9. See Sec. 3.44, infra. See Ch. 39, infra, for treatment of House
recesses.
---------------------------------------------------------------------------
During the consideration of the various measures, the Speaker
normally assumes the primary responsibility on the part of the House
for enforcing the customary rules of comity between the two Houses of
Congress.(10)
---------------------------------------------------------------------------
10. See 3.45. infra.
---------------------------------------------------------------------------
To facilitate the consideration of measures, the House rules
provide the Speaker with three major functions: (1) recognizing Members
who seek to address the House,(11) (2) construing and
applying the House rules,(12) and (3) putting the question
to or stating a motion for the Members for their vote.(13)
---------------------------------------------------------------------------
11. Rule XIV clause 1, House Rules and Manual Sec. Sec. 749 et seq.
(1973).
12. See Rule I clause 4, House Rules and Manual Sec. Sec. 624, 627
(1973).
13. Rule I clause 5, House Rules and Manual Sec. 629 (1973). See also
the forms of putting the question, House Rules and Manual
Sec. Sec. 960-965 (1973). See Ch. 29, infra, for fuller
treatment of the Speaker's power of recognition.
---------------------------------------------------------------------------
The Speaker has held that in construing the rules he may look
[[Page 439]]
to all pertinent facts concerning the matter to which the rules would
be applied.(14) In ruling on a matter brought to his
attention by a point of order, the Speaker normally will wait until the
matter is completely before him.(15)
---------------------------------------------------------------------------
14. See Sec. 3.29, infra.
15. See Sec. 3.30, infra.
---------------------------------------------------------------------------
In certain circumstances the presiding officer may make inquiries
of a Member having the floor.(16) But it is the more
frequent case that the Speaker answers inquiries from the Members. For
example, he answers questions regarding the applicability of the House
rules to standing committees.(17) However, he does not
answer hypothetical inquiries or general questions relating to
committee procedure.
---------------------------------------------------------------------------
16. See Sec. 3.32, infra.
17. See Sec. 3.33, infra.
---------------------------------------------------------------------------
The Speaker may decline to answer immediately a parliamentary
inquiry(18) or he may simply ask a Member to withhold his
inquiry until the Speaker has sufficient time to ascertain certain
facts.(19)
---------------------------------------------------------------------------
18. See Sec. 3.34, infra.
19. See Sec. 3.35, infra. -------------------
---------------------------------------------------------------------------
Duties Generally
Sec. 3.1 In general, as the elected presiding officer of the House, the
Speaker has duties relating to the House rules, to the Members, and
to the dignity and prerogatives of the House.
On Jan. 10, 1962,(20) Speaker elect John W. McCormack,
of Massachusetts, addressed the House from the Chair regarding his
duties as Speaker of the House.
---------------------------------------------------------------------------
20. 108 Cong. Rec. 6, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: Members of the House of Representatives . . . [in]
the exercise and performance of the powers and duties of the
Speaker, parliamentary or otherwise, I shall perform such duties
impartially with fair treatment to all Members in interpreting and
enforcing the rules, but above all protecting the rights of all
Members without regard to party affiliation.
While as leader in this body of my party, I have my political
responsibilities, in the performance of my duties as Speaker, my
responsibility is to the House itself and to all of its Members.
As majority leader I always considered that one of my primary
duties was to protect the rights, under the rules and also in
accordance with the customs of the House, of the minority party. I
shall follow that course as Speaker. . . .
I will continue to maintain the dignity of the House of
Representatives, protecting its prerogatives and maintaining the
right and privileges of its members.
Administering Oaths
Sec. 3.2 It is the normal practice for the Speaker to admin
[[Page 440]]
ister the oath of office to Members at the opening of a session of
Congress.
On Jan. 3, 1945,(1) the following procedure regarding
the swearing in of Members took place.
---------------------------------------------------------------------------
1. 91 Cong. Rec. 14, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker [Sam Rayburn, of Texas]: The Chair understands that
two or three Members with certificates on file with the Clerk were
not here when the other Members were sworn in, were unable to get
here at the hour of meeting on account of late trains. At least two
such Members are here now.
Mr. [Karl E.] Mundt [of South Dakota]: Mr. Speaker, I am one of
those detained by late trains. I took the oath of office but I was
not here in time to answer to the first roll call.
The Speaker: The statement of the gentleman from South Dakota
will stand.
The Members who have not taken the oath of office will present
themselves in the well of the House and all others will clear the
well of the House.
Mr. Gorski and Mr. Stefan appeared at the bar of the House and
took the oath of office.
Sec. 3.3 If the Speaker is present when the House has elected a Speaker
pro tempore, it is normally the Speaker who administers the oath of
office to the Speaker pro tempore.
On Aug. 26, 1949,(2) a resolution was introduced as
follows:
---------------------------------------------------------------------------
2. 95 Cong. Rec. 12344, 81st Cong. 1st. Sess.
---------------------------------------------------------------------------
Mr. [J. Percy] Priest [of Tennessee]: Mr. Speaker, I offer a
resolution (H. Res. 351) and ask for its immediate consideration.
The Clerk read as follows:
Resolved, That Hon. E.E. Cox, a Representative from the
State of Georgia, be, and he is hereby, elected Speaker pro
tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. E.E. Cox as Speaker pro
tempore during the absence of the Speaker.
The resolution was agreed to.
The Speaker [Sam Rayburn, of Texas]: The gentleman from Georgia
[Mr. Cox] will present himself at the bar of the House and take the
oath.
Mr. Cox appeared at the bar of the House and took the oath of
office.
Meeting Time and Place
Sec. 3.4 When the House is to meet in a place other than the House
Chamber, the Speaker normally is the one who informs the Members of
the time and place of the meeting.
On July 1, 1949,(3) Speaker Sam Rayburn, of Texas, made
an announcement concerning the time and place of the meeting of the
House.
---------------------------------------------------------------------------
3. 95 Cong. Rec. 8808, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: Pursuant to House Resolution 271, the House stands
ad
[[Page 441]]
journed to meet on Tuesday, July 5, 1949, at 12 o'clock noon, in
the caucus room in the New House Office Building.(4)
---------------------------------------------------------------------------
4. Parliamentarian's Note: The House moved to the New House Office
Building pending remodeling of the House Chamber in the Capitol
caused by an insecure ceiling.
---------------------------------------------------------------------------
Referring Measures to Committees
Sec. 3.5 The Speaker examines and refers to committees all bills and
resolutions introduced by Members of the House.
On Jan. 10, 1967,(5) Speaker John W. McCormack, of
Massachusetts, indicated the procedure by which bills introduced on the
opening day of a Congress are examined and referred to committees.
---------------------------------------------------------------------------
5. 113 Cong. Rec. 34, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair would like to make a statement
concerning the introduction and reference of bills today.
As Members are aware, they have the privilege today of
introducing bills. Heretofore on the opening day of a new Congress
several thousand bills have been introduced. It will be readily
apparent to all Members that it may be a physical impossibility for
the Speaker to examine each bill for reference today. The Chair
will do his best to refer as many bills as possible, but he will
ask the indulgence of Members if he is unable to refer all the
bills that may be introduced. Those bills which are not referred
and do not appear in the Record as of today will be included in the
next day's Record and printed with a date as of
today.(6)
---------------------------------------------------------------------------
6. Parliamentarian's Note: On the opening day of the first session of
the 90th Congress a total of 2,247 bills and resolutions were
introduced.
---------------------------------------------------------------------------
Sec. 3.6 Having the authority to refer Presidential messages and bills
to committees, a Speaker may change a reference to another
committee if appropriate.
On Jan. 27, 1958,(7) Speaker Sam Rayburn, of Texas,
announced a change of reference of matters from one committee to
another:
---------------------------------------------------------------------------
7. 104 Cong. Rec. 1112, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: After further examination of the President's
message and the recommendations made therein, the Chair believes
that the proper committee to which to refer the President's message
is the Committee on Education and Labor instead of the Committee on
Interstate and Foreign Commerce, because on the Science Foundation
no new law is suggested, simply more appropriations. The other part
of the President's message deals with education. Therefore the
Chair is going to change the reference of the President's message
and whatever bills are introduced on that subject, to the Committee
on Education and Labor.
[[Page 442]]
Sec. 3.7 Although the Speaker has the power to refer bills to proper
committees in the first instance, such references may later be
challenged and the Speaker may defend his decision.
On Mar. 2, 1966,(8) Speaker John W. McCormack, of
Massachusetts, took the floor in the Committee of the Whole to indicate
his responsibility regarding the reference of public bills to proper
committees.
---------------------------------------------------------------------------
8. 112 Cong. Rec. 4579, 4580, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. McCormack: . . . Mr. Chairman, in view of the remarks by
the gentleman from New Hampshire [Mr. Cleveland] about the
reference of this bill, and overhearing them and confining myself
to that aspect of his remarks, I simply want to advise the Members
of the House that in my judgment as the Speaker, this bill was
properly referred to the Committee on Public Works.
In the original bill, the bill calls for the participation in
the 1967 exposition, jointly with the State of Alaska through
economic development projects such as industrial, agricultural,
educational, research, or commercial facilities, and so forth.
Mr. Chairman, I thoroughly respect the views of my friend, the
gentleman from New Hampshire [Mr. Cleveland], but I cannot be on
the floor and listen to one challenge the reference of a bill that
I made. I realize that I might make mistakes occasionally, but I
will always make the reference of a bill that the rules call for.
In my clear judgment this bill was properly referred to the
Committee on Public Works(9)
---------------------------------------------------------------------------
9. Parliamentarian's Note: As introduced the bill in question was
primarily an economic development measure. In this form, the
bill was primarily within the jurisdiction of the Committee on
Public Works. As reported, however, the primary emphasis of the
bill was federal recognition of and participation in the
centennial celebration of the Alaska purchase. In this form,
the bill was similar to centennial bills that have been
traditionally, under the precedents, referred to the Committee
on the Judiciary.
Reference generally, see Ch. 16, infra.
---------------------------------------------------------------------------
Informing the House of Actions Taken
Sec. 3.8 The Speaker informs the House when he has accepted a
resignation and appointed a successor to a committee during an
adjournment.
On Jan. 3, 1957,(10) Speaker Sam Rayburn, of Texas, made
the following announcement concerning a committee appointment:
---------------------------------------------------------------------------
10. 103 Cong. Rec. 47, 85th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to announce that pursuant to the
provisions of House Concurrent Resolution 244, 84th Congress, and
the order of
[[Page 443]]
the House of July 27, 1956, empowering him to accept resignations
and to appoint commissions . . . he did, on September 8, 1956,
appoint as a member of the joint committee to represent the
Congress at the unveiling of the Commodore John Barry Memorial at
Wexford, Ireland . . . the gentleman from Pennsylvania . . . to
fill a vacancy caused by the resignation of the gentleman from New
York.
Sec. 3.9 The Speaker informs the House when he has signed enrolled
bills during an adjournment pursuant to authority granted him.
On July 26, 1948,(11) Speaker Joseph W. Martin, Jr., of
Massachusetts, announced his signing of certain enrolled bills
subsequent to adjournment.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 9363, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker, pursuant to the provisions of House Concurrent
Resolution 219, Eightieth Congress, announced his signature to
enrolled bills and joint resolutions of the Senate as follows:
On June 22, 1948:
S. 418. An act to provide for water-pollution-control
activities in the Public Health Service of the Federal Security
Agency and in the Federal Works Agency, and for other purposes.
. . .
And on June 23, 1948, enrolled bills of the Senate as follows:
S. 165. An act for the relief of Doris E. Snyder. . . .
On June 10, 1968,(12) Speaker John W. McCormack, of
Massachusetts, made an announcement to the House:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 16381, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to announce that pursuant to the
authority granted him on Thursday, June 6, 1968, he did on June 7,
1968, sign the following enrolled bills of the House:
H.R. 6087. An act to assist State and local governments in
reducing the incidence of crime, to increase the effectiveness,
fairness, and consideration of law enforcement and criminal
justice systems at all levels of government, and for other
purposes
Sec. 3.10 The Speaker informs the House when an elected Speaker pro
tempore has signed enrolled bills during an adjournment of the
House pursuant to authority granted.
On July 14, 1958,(l3) Speaker Sam Rayburn, of Texas,
announced that during an adjournment the elected Speaker pro tempore
had signed certain enrolled bills pursuant to authority granted.
---------------------------------------------------------------------------
13. 104 Cong. Rec. 13695, 13696, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Procedure When Speaker Criticized
Sec. 3.11 When the Speaker is the subject of criticism in debate and a
point of order is raised against such criticism, it is customary
for the Speaker to
[[Page 444]]
appoint a Speaker pro tempore to rule on whether the words spoken
were parliamentary.
On Feb. 7, 1935,(14) the following remarks were made:
---------------------------------------------------------------------------
14. 79 Cong. Rec. 1680, 1681, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Thomas L. Blanton [of Texas]: Mr. Chairman, a point of
order.
Mr. Chairman, I ask that the words of the gentleman from
Massachusetts [Mr. Tinkham] about former Speaker Rainey and Speaker
Byrns be taken down. If he has no respect for the living, he ought
to have some respect for the dead. I ask that his words be taken
down. We will call the gentleman down on that now. . . .
The Chairman [William N. Rogers, of New Hampshire]: The Clerk
will report the words objected to.
The Clerk read to the Committee the words objected to.
The Chairman: The Committee will rise.
Accordingly the Committee rose; and the Speaker . . . resumed
the chair.
The Speaker [Joseph W. Byrns, of Tennessee]: The Clerk will
report the words.
The Clerk read the words objected to.
The Speaker: The Chair feels some delicacy in ruling on the
language inasmuch as he is involved, and the Chair will ask the
gentleman from New York [Mr. O'Connor] to take the chair.
Mr. O'Connor assumed the chair as Speaker pro tempore.
Controlling the Record
Sec. 3.12 It has been held that the Speaker may direct the official
House reporters of debates to refrain from inserting in the
Congressional Record notations concerning applause and other
demonstrations by Members in the House.
On Mar. 6, 1945,(15) Speaker Sam Rayburn, of Texas,
responded to a parliamentary inquiry concerning Congressional Record
coverage of demonstrations in the House.
---------------------------------------------------------------------------
15. 91 Cong. Rec. 1789, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John E.] Rankin [of Mississippi]: . . . I propound another
parliamentary inquiry at this time. Some time ago the Official
Reporters of Debates ceased to take down the demonstrations that
are made in the course of debate, the only parliamentary body in
the world that prints a Record in which that has been done, that I
have been able to find. I occasionally get the Record of the
British House of Parliament. I read it and in these trying times
there is applause, cheers, their cries of ``hear, hear'' laughter,
and other demonstrations that are made. You get the Record of the
United States Senate and, as a rule, they do not have probably so
many there to applaud, but when there is applause or a
demonstration, it is placed in the Record. Our demonstrations have
been cut out of our Record
[[Page 445]]
and I think it is a serious mistake because now a man can make a
speech and extend his remarks and you have no indication as to
where his speech left off and where his extension of remarks
begins. I know it has been contended by a few Members in the House
that the extension of those demonstrations in the Record have been
abused. But that was done very seldom, and where the Member did
abuse that privilege by inserting laughter or applause he has been
subjected to the most drastic criticism and ridicule and, as a
rule, has never attempted it again. . . .
The Speaker: The Chair does not intend to be facetious, but the
Chair would like to give the House his reaction to the expressions
``Hear! Hear!'' and ``Applause'' in the Record. When I came here 32
years ago on Sunday last, a gentleman had been elected by a split
in the Republican Party in a particular State, and he had come here
with Democratic and Progressive votes. He made a speech in the
House. Whether it went into the permanent Record I do not know, but
I know it went into the temporary Record. It closed in this
fashion: ``Loud and prolonged applause among Democrats and
Progressives, followed by much handshaking.''
In times past there appeared in the Record the word
``Applause'' where a Member spoke. In another place there was
``Loud applause.'' In another place there was ``Loud and prolonged
applause.'' In another place there was ``Loud and prolonged
applause, the Members rising.'' If I had made a speech and had
received ``applause,'' and some Member had followed me immediately
and had received ``loud and prolonged applause, the Members
rising,'' my opponent in the next primary might have called
attention to how insignificant I was because I only received
``applause'' and the other Member had received ``loud and prolonged
applause, the Members rising.''
The Chair has held that demonstrations in the House are not a
part of the Record, and shall continue to hold that until the rules
of the House are changed.
Sec. 3.13 Although it has been held that it is within the authority and
normally the duty of the Speaker to order stricken from the notes
of the official House reporters remarks made by Members not
legitimately having the floor, it has also been held that it is
within the Speaker's power to allow an exception in unusual
circumstances.
On Apr. 19, 1937,(16) Speaker William B. Bankhead, of
Alabama, responded to a parliamentary inquiry concerning remarks of
Members, not legitimately having the floor, being reflected in the
Congressional Record.
---------------------------------------------------------------------------
16. 81 Cong. Rec.. 3588, 3589, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Edward W.] Curley [of New York]: I rise to propound a
parliamentary inquiry, Mr. Speaker.
The Speaker: The gentleman will state his parliamentary
inquiry.
[[Page 446]]
Mr. Curley: Last Thursday, April 15, during the discussion of
the antilynching bill, I submitted two questions to the gentleman
from New York [Mr. Wadsworth]. Upon reading the Congressional
Record the following day I found they were omitted. In the course
of the extension of my own address on the following page in the
Record that fact is mentioned in my own address; so that on a
checkback it will be found that these two questions have been
omitted, and we find that they were omitted inadvertently by the
reporter. The reporter has informed me of the fact that that is the
truth.
What I wish to know, Mr. Speaker, is whether or not I can have
the permanent Record corrected so as to include the two questions
and the offside remark that went with them. . . .
The Speaker: Did the gentleman from New York address the Chair
and ask whether or not the gentleman from New York [Mr. Wadsworth],
then occupying the floor, would yield?
Mr. Curley: I did, Mr. Speaker. I think the gentleman from New
York [Mr. O'Connor] was presiding on both occasions.
The Speaker: Did the gentleman from New York [Mr. Wadsworth]
yield?
Mr. Curley: The gentleman from New York [Mr. Wadsworth] did not
yield, and so stated. But not long thereafter the gentleman from
New York [Mr. Gavagan] asked the same questions, received the same
reply, that the gentleman from New York [Mr. Wadsworth] did not
yield; yet the questions and remarks of the gentleman from New York
[Mr. Gavagan] are incorporated in the Congressional Record.
The Speaker: This is a rather important inquiry that the
gentleman from New York [Mr. Curley] has submitted. It has not been
raised, so far as the Chair recalls, during the present session of
Congress. In order that the rights of Members may be protected, and
that the Members may know what the rules and precedents are with
respect to this proposition, the Chair will read from section 3466,
volume 8, of Cannon's Precedents of the House of Representatives. .
. .
The Chair may say that in conformity with this precedent, and
what the Chair conceives to be sound procedure, the rule should be
reiterated that when a Member is occupying the floor and a Member
after addressing the Chair and asking the Member then occupying the
floor if he will yield for a question or for an interruption, and
the gentleman then speaking declines to yield, it is not proper for
a Member nevertheless to interject into the Record some remark
which he desires to make.
Under the particular circumstances now raised by the gentleman
from New York [Mr. Curley], and in view of the fact the question
has not heretofore been presented at this session of the Congress,
the Chair is of the opinion it may not be an injustice to instruct
the reporter to incorporate in the permanent Record in this
instance the statement made by the gentleman from New York [Mr.
Curley].
The Chair may say, however, that hereafter in conformity with
this rule and what he regards as sound practice, the Chair
instructs the reporters of debates where a Member declines to yield
and notwithstanding another Member seeking to interrupt him per
[[Page 447]]
sists in talking, that those remarks shall not be incorporated in
the Record.
Putting Unanimous-Consent Requests
Sec. 3.14 Unanimous-consent requests are put to the House by the
Speaker, and a Member's objection to such a request is ineffective
if it fails to follow immediately upon the Speaker's statement of
the request.
On Sept. 4, 1940,(17~) a unanimous-consent request was
made as follows:
---------------------------------------------------------------------------
17. 80 Cong. Rec.. 11516, 11517, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
Mr. [Beverly M.] Vincent [of Kentucky]: Mr. Speaker, I ask
unanimous consent to withdraw the last sentence of my statement.
Mr. [Henry C.] Dworshak [of Idaho]: I object, Mr. Speaker.
The Speaker Pro Tempore [Jere Cooper, of Tennessee]: The
gentleman from Kentucky asks unanimous Consent to withdraw the
statement. Is there objection? The Chair hears none.
Mr. [Frederick V.] Bradley [of Michigan]: I object, Mr.
Speaker.
Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a point of
order and a parliamentary inquiry.
The Speaker Pro Tempore: The gentleman will state it.
Mr. Hoffman: Mr. Speaker, a moment ago certain words were
uttered by the gentleman on the floor of the House which I demanded
be taken down. No report was made of those words. I demand the
regular order--the taking down of the words, the report of the
words, and the reading by the Clerk.
The Speaker Pro Tempore: Subsequently, unanimous consent was
granted for the words to be withdrawn.
Mr. Hoffman: Oh, no, Mr. Speaker; three Members were on their
feet. I was one of them, and objecting to that.
The Speaker Pro Tempore: That was the ruling of the Chair.
Mr. Hoffman: I appeal from the ruling of the Chair then.
The Speaker Pro Tempore: This is not a ruling, it is just an
answer to a parliamentary inquiry.
Stating Motions for Votes
Sec. 3.15 The Speaker or Chairman of the Committee of the Whole states
motions, and it has been held that it is his statement of the
motion and not the motion as stated by a Member that is voted upon.
On Mar. 26, 1965,(18) the following motion was made:
---------------------------------------------------------------------------
18. 111 Cong. Rec. 6101, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Adam C.] Powell [of New York]: Mr. Chairman, I move that
all debate and all amendments to section 203 close in 5 minutes,
with one-half of the time reserved to the chairman.
The Chairman [Richard Bolling, of Missouri]: The chairman of
the committee moves that all debate and all amendments----
[[Page 448]]
Mr. [Porter] Hardy [Jr., of Virginia]: Mr. Chairman. a point of
order.
The Chairman: The gentleman will state his point of order.
Mr. Hardy: He is moving that he is going to have half of the
time. Is that a proper motion? I had understood it was not. I
believe it can be done by unanimous consent.
The Chairman: Will the chairman of the committee please restate
his motion?
Mr. Hardy: I understood the motion.
Mr. Powell: I withdraw the previous motion. I move all debate
and all amendments on this title and this section close in 10
minutes.
Mr. Hardy: Mr. Chairman, I ask that the original motion be
read.
Mr. [John M.] Ashbrook [of Ohio]: Mr. Chairman, a point of
order. I want to know whether or not it takes unanimous consent to
withdraw the motion.
The Chairman: The gentleman from New York asks unanimous
consent to withdraw the motion.
Mr. Powell: That is right. I withdraw it. I ask unanimous
consent to withdraw it.
Mr. Ashbrook: Mr. Chairman, I object.
The Chairman: Does the gentleman from New York desire a vote on
his original motion?
Mr. Hardy: Mr. Chairman, will the Chair state the motion as
originally made?
Mr. Gerald R. Ford [of Michigan]: Mr. Chairman, a parliamentary
inquiry. At the time that the gentleman from New York made the
motion his voice was inaudible. I strongly feel that the motion
that he made should be reread and read loud.
The Chairman: The Chair will attempt to state how he understood
it. It may be in error.
Mr. Gerald R. Ford: Mr. Chairman, I ask that the reporter read
what the Chairman said so we can all hear it. It would be very
helpful.
The Chairman: The gentleman from Michigan, the distinguished
minority leader, is putting the Chair in the same position he had
him in a little while ago. This goes straight, head on, into all of
the practices and procedures of the House to have the reporter re-
report a motion.
Mr. Gerald R. Ford: Mr. Chairman, I withdraw my request.
The Chairman: The Chair will state the motion as the Chair
understood it. The Chair will say frankly the Chair had a little
difficulty hearing it, but my understanding of the motion was that
the chairman of the committee moved that all debate and all
amendments to section 203 be closed in 5 minutes.
Mr. Gerald R. Ford: And time was reserved for the chairman.
The Chairman: The Chair did not hear that.
Mr. [Craig] Hosmer [of California]: Mr. Chairman, a
parliamentary inquiry.
The Chairman: The gentleman will state it.
Mr. Hosmer: In the event that the motion is carried, if put,
would the motion carried be that which was actually made by the
gentleman from New York, or according to the Record as reported, or
would it be the motion as stated by the Chair?
The Chairman: The motion will be as stated by the Chair, as was
the case yesterday and is the case today.
[[Page 449]]
The motion is that all debate on this section close in 5
minutes.
Power of Recognition
Sec. 3.16 Although the Speaker has discretion to recognize Members to
have the floor, he is under no duty to announce in advance whom he
might recognize in the future.
On Oct. 8, 1969,(19) a parliamentary inquiry was
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
19. 115 Cong. Rec. 29220, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John D.] Dingell [of Michigan]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Dingell: If the previous question is voted down, would it
then be in order to offer an amendment to raise the sum for water
pollution control grants to the States in the sum of $1 billion?
The Speaker: The Chair will state that, if the previous
question is voted down, it would be in order to offer an amendment.
The Chair is not going to pass on the amount at the present time.
Mr. Dingell: Mr. Speaker, a further parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Dingell: Would I be recognized for that purpose? It would
be my intent so to do.
The Speaker: The Chair is not going to give a preliminary
opinion as to whom the Chair might recognize.
Sec. 3.17 The Speaker has on occasion announced in advance that he
would deny recognition to a Member under certain circumstances.
On Oct. 18, 1943,(20) the following parliamentary
situation developed under which Speaker Sam Rayburn, of Texas,
indicated he would deny recognition to a Member under certain
circumstances.
---------------------------------------------------------------------------
20. 89 Cong. Rec. 8433, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I ask
unanimous consent to proceed for 1 minute.
The Speaker: Is there objection?
There was no objection.
Mr. McCormack: Mr. Speaker, I do this for the information of my
colleagues, because this morning they received a letter from the
Speaker in respect to a meeting to be held Wednesday morning, and
in that letter it was stated that the meeting would be held in the
Caucus Room of the old House Office Building, at which meeting
General Marshall and other generals would appear in an off-the-
record manner. The old Caucus Room has been looked over, as well as
the auditorium of the Library of Congress. It is felt that the
auditorium of the Library of Congress is a much more desirable
place to hold the meeting, and I rise to announce that, instead of
holding the
[[Page 450]]
meeting in the old Caucus Room, it will be held in the auditorium
of the Library of Congress. . . .
Mr. [John E.] Rankin [of Mississippi]: Now, if we are going to
hold executive sessions of the House, there is only one place that
we are authorized by law to hold them, and that is in this Hall.
Mr. McCormack: This is not an executive session of Congress.
Mr. Rankin: It is going to be a secret session, and it ought to
be, and it ought to be held in the Hall of the House of
Representatives.
Mr. McCormack: This is not an executive session of Congress.
Mr. Rankin: It is unnecessary for the Congress of the United
States to be going off to some other building to hear these leaders
report on the war when we have the Hall of the House of
Representative built and equipped for that purpose.
Will not the gentleman modify his request to have that meeting
here in this Hall?
The Speaker: The Chair would not recognize the gentleman for
that purpose and the gentleman would not make such a request.
Sec. 3.18 The Speaker's power over recognition includes the power to
ask for what purpose a Member rises without such request implying
that the Speaker recognizes the Member for the purpose for which he
has arisen.
On Apr. 13, 1946,(1) two Members rose seeking
recognition from Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
1. 92 Cong. Rec. 3669, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Dewey] Short [of Missouri]: Mr. Speaker.
Mr. [Edward E.] Cox [of Georgia]: Mr. Speaker.
The Speaker: For what purpose does the gentleman from Missouri
rise?
Mr. Short: Mr. Speaker, I offer a motion to recommit.
The Speaker: For what purpose does the gentleman from Georgia
rise?
Mr. Cox: Mr. Speaker, it was my purpose to demand a reading of
the engrossed copy of the bill.
Mr. [Malcolm C.] Tarver [of Georgia]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Tarver: Mr. Speaker, may a demand be made for the reading
of the copy of the engrossed bill after the proceedings which have
just taken place and after the Clerk has read the bill which was
considered engrossed?
The Speaker: The bill was ordered to be engrossed and read a
third time. The gentleman from Georgia was on his feet at the time.
Does the gentleman from Georgia insist upon his demand that the
engrossed copy of the bill be read?
Mr. Cox: Mr. Speaker, my making demand that the engrossed copy
of the bill be read does not indicate my opposition to the bill.
Mr. Short: Mr. Speaker, I am opposed to the bill.
Mr. Cox: I was compelled to make the demand and I did make it.
The Speaker: The gentleman from Georgia [Mr. Cox] demands the
reading of the engrossed copy of the bill. The Chair will state
that with the number of amendments agreed to, it
[[Page 451]]
would be impossible to have the engrossed copy of the bill this
afternoon.
Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, a point of
order.
The Speaker: The gentleman will state it.
Mr. Marcantonio: Mr. Speaker, if I understood the situation
correctly, the gentleman from Missouri [Mr. Short] was recognized
to offer a motion to recommit.
The Speaker: The gentleman from Missouri [Mr. Short] was not
recognized. The Chair asked the gentleman for what purpose he rose,
and then recognized the gentleman from Georgia.
Sec. 3.19 The Speaker's power of recognition includes the power to deny
recognition to a Member for the purpose of making a motion which
the Speaker determines to be in conflict with previous action of
the House.
On Oct. 8, 1968,(2) Speaker John W. McCormack, of
Massachusetts, heard a Member's motion before recognizing the Member to
offer it.
---------------------------------------------------------------------------
2. 114 Cong. Rec. 30214-16, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker--
The Speaker: For what purpose does the gentleman from Ohio
rise?
Mr. Taft: Mr. Speaker I have a privileged motion.
Mr. [Sidney R.] Yates [of Illinois]: A point of order, Mr.
Speaker. That is not in order until the reading of the Journal has
been completed.
The Speaker: Will the gentleman from Ohio state his privileged
motion?
Mr. Taft: Mr. Speaker, my motion is on a point of personal
privilege.
The Speaker: Will the gentleman from Ohio state whether it is a
point of personal privilege or a privileged motion?
Mr. Taft: It is a privileged motion, and a motion of personal
privilege.
Under rule IX questions of personal privilege are privileged
motions, ahead of the reading of the Journal.
The Speaker: The Chair will advise the gentleman that a
question of personal privilege should be made later after the
Journal has been disposed of.
If the gentleman has a matter of privilege of the House, that
is an entirely different situation.
Mr. Taft: I believe, Mr. Speaker, this involves not only
personal privilege as an individual, but also as a Member of the
House and also the privileges of all Members of the House.
The Speaker: The Chair does not recognize the gentleman at this
time on a matter of personal privilege.
But the Chair will, after the pending matter, the reading of
the Journal has been disposed of, recognize the gentleman if the
gentleman seeks recognition.
Mr. Taft: Mr. Speaker, a parliamentary inquiry.
The Speaker: The gentleman will state the parliamentary
inquiry.
Mr. Taft: Mr. Speaker, is it not true in rule IX relating to
questions of privilege it is stated that such questions shall have
precedence over all other questions except motions to adjourn?
The Speaker: Will the gentleman state the question of
privilege.
[[Page 452]]
Mr. Taft: Mr. Speaker, my motion is that I and all other
Members in the Chamber who were here at the time of the last quorum
call and answered ``present'' be permitted to leave the Chamber at
their desire. . . .
The Speaker: The Chair will state in response to the
parliamentary inquiry that the action of the House has deprived--
has caused the doors to be closed and has deprived temporarily the
privilege that the gentleman refers to. That has been done by the
action of the House.
Mr. Taft: Mr. Speaker, I was recognized to make a privileged
motion and it was not a matter of a parliamentary inquiry. I have
made that motion and I ask that the Chair rule on the motion.
The Speaker: What is the motion?
Mr. Taft: I request that I be given time to discuss the motion
as a matter of privilege.
The Speaker: The gentleman will state his motion.
Mr. Taft: Mr. Speaker, my motion is that I and all other
Members present on the floor who answered ``present'' at the time
of the last quorum call shall be permitted to leave the House
freely at their own desire.
The Speaker: The Chair does not recognize the gentleman for the
purpose of making such a motion because the Chair has already
clearly indicated the House has already taken action and it is
within the power of the House to take the action that it did.
Therefore, the Chair does not recognize the gentleman to make such
a motion.
Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, it was my
understanding that the gentleman from Ohio had been recognized for
the purpose of offering the motion.
The Speaker: The gentleman from Michigan is well aware of the
fact that the question of recognition rests with the Chair. The
gentleman did not make a motion which was in order by reason of the
action heretofore taken by the House.
Sec. 3.20 It has been held that the presiding officer has the power to
give or deny recognition to a Member who seeks to offer a
perfecting amendment which would take precedence over another
amendment.
On Dec. 15, 1937,(3) the Chairman of the Committee of
the Whole, John W. McCormack, of Massachusetts, indicated the
discretionary nature of his power to recognize Members in answer to the
following parliamentary inquiries:
---------------------------------------------------------------------------
3. 82 Cong. Rec. 1590, 75th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Gerald J.] Boileau [of Wisconsin]: Mr. Chairman, reserving
the right to object, and I do so to propound a parliamentary
inquiry as to the order in which amendments are to be offered. The
amendment offered by the gentlewoman from New Jersey is now
pending. Would not perfecting amendments have priority of
consideration over a substitute amendment?
The Chairman: The Chair has no knowledge of what amendments may
[[Page 453]]
be offered; but ordinarily a perfecting amendment has precedence
over a motion to substitute insofar as voting is concerned. If the
unanimous-consent request is granted, it is the understanding of
the Chair that amendments will be offered section by section.
Mr. Boileau: Nevertheless, it is the amendment offered by the
gentlewoman from New Jersey that would be before the House.
The Chairman: That is before the Committee now.
Mr. Boileau: Would not perfecting amendments have priority over
an amendment to substitute?
The Chairman: So far as voting is concerned, yes.
Mr. Boileau: I appreciate that fact, but may I propound a
further parliamentary inquiry, whether or not a Member rising in
his place and seeking recognition would not have a prior right to
recognition for the purpose of offering a perfecting amendment to
the amendment now pending?
The Chairman: It does not necessarily follow that such Member
would have a prior right. Recognition is in the discretion of the
Chair.
Mr. Boileau: I recognize it does not necessarily follow, but I
am trying to have the matter clarified. Therefore I ask the Chair
whether or not a Member who qualifies as offering a perfecting
amendment does not have prior right of recognition in offering such
amendment?
The Chairman: The Chair has tried to be as helpful as he could,
but the Chair does not feel he should estop himself of his own
discretion in the matter of recognitions.
Mr. Boileau: Does the Chair then rule that is within the
discretion of the Chair rather than a right of the Member?
The Chairman: In answer to the gentleman's inquiry, the Chair
is of the opinion it is within the province of the Chair whom the
Chair will recognize, having in mind the general rules of the
House.
Sec. 3.21 Where there are two matters of equal preference brought
before the House at the same time, it is within the Speaker's
discretion to recognize whichever matter he chooses to be
considered first.
On Sept. 22, 1966,(4) an announcement was made
concerning a change in the legislative program. A Member raised a
parliamentary inquiry as a result of the change.
---------------------------------------------------------------------------
4. 112 Cong. Rec. 23691, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, a
parliamentary inquiry.
Under the rules of the House, as I understand them, this rule,
House Resolution 1007, to bring up the so called House Un-American
Activities Committee bill, is a privileged matter, and if it is not
programed, then the gentleman handling the rule or any member of
the Rules Committee, may call it up as a privileged matter. Is my
understanding correct about that?
The Speaker [John W. McCormack, of Massachusetts]: The
gentleman's
[[Page 454]]
understanding is correct. Of course, the question of recognition is
with the Chair, where there are two similar preferential matters,
but the gentleman's understanding is correct that after 7
legislative days a member of the Rules Committee could call it up.
If it were a question of recognition, if the same preferential
status existed at the same time, recognition rests with the Chair.
Sec. 3.22 It is within the Speaker's discretion to recognize a Member
for a parliamentary inquiry regarding a resolution and, after such
is stated and without answering the inquiry, recognize another
Member for the purpose of withdrawing a pending resolution.
On Apr. 8, 1964,(5) Speaker John W. McCormack, of
Massachusetts, indicated the nature of the Speaker's power of
recognition during the consideration of two measures before the House.
The Committee of the Whole had risen and reported to the House matters
pertaining to a bill (H.R. 10222). Upon demand by a Member the bill was
ordered to be engrossed and read a third time. While preparation of the
engrossed copy of the bill was taking place, a Member called up House
Resolution 665 by direction of the Committee on Rules and asked for its
immediate consideration. After certain remarks on House Resolution 665
were made, the Speaker declared a recess pending the receipt of the
engrossed copy of H.R. 10222. The recess having expired, the House was
called to order by the Speaker and the proceedings were as follows:
---------------------------------------------------------------------------
5. 110 Cong. Rec. 7303, 7304, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The unfinished business is the reading of the
engrossed copy of H.R. 10222.
The Clerk will read the engrossed copy.
Mr. Oliver P. Bolton [of Ohio]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The gentleman will state his parliamentary
inquiry.
Mr. Oliver P. Bolton: Mr. Speaker, when the recess was called,
it was my understanding that we were engaged in the consideration
of [H. Res. 665]. Is it not the rule of the House that we must
finish the consideration of that measure before we take up any
other measure which has been passed over for parliamentary and
mechanical reasons?
Mr. [Richard] Bolling [of Missouri]: Mr. Speaker----
The Speaker: The gentleman from Missouri [Mr. Bolling].
Mr. Bolling: Mr. Speaker, under the rules I withdraw House
Resolution 665.
Mr. Oliver P. Bolton: Mr. Speaker, a parliamentary inquiry.
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, that takes
unanimous consent, and I object.
The Speaker: The Chair will state that it does not take
unanimous con
[[Page 455]]
sent to withdraw the resolution in the House.
Mr. Oliver P. Bolton: Mr. Speaker, it is my understanding that
the Speaker was addressing the Member now addressing the Chair and
had not given an answer to my question. Therefore, the recognition
of the Member from the other side, the gentleman from Missouri [Mr.
Bolling] was out of order. Am I incorrect?
The Speaker: The recognition of the gentleman from Missouri
[Mr. Bolling] terminated the parliamentary inquiry.
Mr. Oliver P. Bolton: In other words, the Speaker did not
answer the parliamentary inquiry; is that correct?
The Speaker: Since the resolution was withdrawn, the
parliamentary inquiry was ended.
Mr. Oliver P. Bolton: If the Speaker will respectfully permit,
the gentleman from Ohio would suggest that the question had been
asked before the resolution had been withdrawn.
The Speaker: The Chair will state that the Chair has the power
of recognition. Now that the resolution has been withdrawn, the
unfinished business is the reading of the engrossed copy of H.R.
10222.
Mr. Oliver P. Bolton: Mr. Speaker, a further parliamentary
inquiry.
The Speaker: The gentleman will state it.
Mr. Oliver P. Bolton: The Speaker had recognized the gentleman
from Ohio for a parliamentary inquiry. The parliamentary inquiry
had been made. The parliamentary inquiry had not been answered and
yet the Chair recognized the gentleman from Missouri.
The Speaker: Which the Chair has the power to do.
The Clerk will read the engrossed copy of H.R. 10222
Sec. 3.23 The power of recognition vested in the presiding officer is
not infringed upon if unanimous consent is requested and received
to recognize a Member to speak at a certain time.
The Chairman of the Committee of the Whole, being also a Member,
may invoke his right to object to a unanimous-consent request.
On Dec. 9, 1947,(6) the Chairman of the Committee of the
Whole, Earl C. Michener, of Michigan, responded to an inquiry
concerning possible infringement on the power of recognition by
unanimous consent being given a Member to speak:
---------------------------------------------------------------------------
6. 93 Cong. Rec. 11231, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
The Chairman: As the Chair understands the rule, the presiding
officer in the Committee is in a dual capacity. First, he is
selected to be the presiding officer during the consideration of
the bill. But by accepting such appointment he does not lose his
right to vote and object as any other Member. That is, his district
is not deprived of its rights by virtue of the Chairman selection.
That being true, the Chair not making any objection, I cannot see
how the rights of the Chair are infringed upon if the Committee, by
unanimous consent, wants to provide that a certain individual may
speak at a certain
[[Page 456]]
hour during the Committee consideration. If the Chair is agreeable
and all Members are agreeable.
Controlling Scope of Debate
Sec. 3.24 The scope of debate in the House is generally a matter of
relevancy which the Speaker may determine when a point of order is
raised.
On Dec. 10, 1963,(7) Speaker John W. McCormack, of
Massachusetts, discussed the scope of House debate during a ruling on a
point of order related thereto.
---------------------------------------------------------------------------
7. 109 Cong. Rec. 23968, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Byron G.] Rogers of Colorado: The point of order is we are
now considering the rule on the indigent defendant's bill. The
gentleman from Kansas is talking about the civil rights bill, and
is out of order.
The Speaker: The Chair is prepared to rule.
The Chair takes a lenient attitude toward debate in the House.
If the gentleman from Kansas feels that there is anything involved
in this bill that might be connected with legislation concerning
civil rights, the Chair feels that the gentleman, who is conversant
with the rules, is proceeding and will proceed in order.
The gentleman from Kansas may proceed.
Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, will the
gentleman yield?
Mr. [William H.] Avery [of Kansas]: Yes, Mr. Speaker, I yield
to the gentleman from Iowa.
Mr. Gross: Mr. Speaker, I ask unanimous consent that the
gentleman from Kansas have permission to speak out of order.
The Speaker: Without objection, it is so ordered.
There was no objection.
Controlling Time for Debate
Sec. 3.25 The presiding officer supervises the timing of the
proceedings by a clock in the House Chamber.
On Feb. 10, 1964,(8) when a discrepancy existed in the
times shown on the clocks in the House Chamber, the following question
was asked of the Chairman of the Committee of the Whole, Eugene J.
Keogh, of New York:
---------------------------------------------------------------------------
8. 110 Cong. Rec. 2724, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Robert H.] Michel [of Illinois]: By what clock are we
operating this afternoon?
The Chairman: The one the Chair is looking at.(9)
---------------------------------------------------------------------------
9. Parliamentarian's Note: The clock the Chair was ``looking at'' was
the clock on the north wall of the House Chamber.
---------------------------------------------------------------------------
Sec. 3.26 It is within the authority of the Chairman of the Committee
of the Whole to supervise the control of time for debate, and when
he is not informed of a delegation of control of time the
delegation is ineffective.
[[Page 457]]
On Jan. 31, 1964,(10) during the course of the following
debate the Chairman of the Committee of the Whole, Eugene J. Keogh, of
New York, indicated the manner by which a delegation of control of time
for debate is effective.
---------------------------------------------------------------------------
10. 110 Cong. Rec. 1538, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Basil L.] Whitener: [of North Carolina]: If the gentleman
will get me more time, I will be glad to yield to the gentleman.
Mr. [Peter W.] Rodino [Jr., of New Jersey]: I will give the
gentleman 1 extra minute.
Mr. Whitener: I yield to the gentleman, but please do not take
more than 1 minute.
The Chairman: The Chair has to inform the gentleman from North
Carolina that the gentleman from New Jersey does not have control
of the time.
Mr. Whitener: Then, Mr. Chairman, I must respectfully decline
to yield to the gentleman. . . .
Mr. [Byron G.] Rogers of Colorado: Mr. Chairman, a point of
order.
The Chairman: The gentleman will state the point of order.
Mr. Rogers of Colorado: Mr. Chairman, the gentleman from New
Jersey is now in charge of the time in the absence of the chairman,
the gentleman from New York [Mr. Celler].
The Chairman: The Chair was not informed that the gentleman
from New York is absent nor is the Chair informed that the
gentleman from New Jersey is now in charge of the time.
The gentleman from North Carolina is recognized.
Mr. Whitener: I thank the chairman. . . .
The Chairman: The time of the gentleman has expired.
Mr. Rodino: Mr. Chairman, I yield myself 10 minutes, and I wish
to state I am acting for the chairman of the Committee on the
Judiciary who asked me to take charge of the time for him in his
absence.
The Chairman: The gentleman from New Jersey is recognized.
Sec. 3.27 It is within the authority of the Speaker and the House, and
not the Chairman of the Committee of the Whole, to decide whether
time for continued consideration of an unfinished bill will be
given in the legislative program.
On Apr. 26, 1948,(11) the Chairman of the Committee of
the Whole, Leslie C. Arends, of Illinois, responded to an inquiry about
what time might be provided for a continuation of consideration of an
unfinished bill.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 4873, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. August H. Andresen [of Minnesota]: Mr. Chairman, a
parliamentary inquiry.
The Chairman (Mr. Arends): The gentleman will state it.
Mr. August H. Andresen: Mr. Chairman, I understand that the
Committee will rise at 4 o'clock. It is also my understanding of
the rules that
[[Page 458]]
this Committee should meet tomorrow in order to have continuous
consideration of the pending legislation.
I would like to have a ruling of the Chair as to whether or not
the rules provide that a day may intervene so that this legislation
may be taken up on Wednesday.
The Chairman: The Chair may say that is a matter for the
Speaker of the House and the House itself to determine. It is not
something within the jurisdiction of the [Chairman of the Committee
of the Whole] to decide.
Sec. 3.28 The Speaker has set policy with regard to the practice of
one-minute speeches by Members.
On July 22, 1968,(12) Speaker John W. McCormack, of
Massachusetts, discussed the practice of permitting one-minute speeches
from the floor of the House:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 22633, 22634, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Leslie C.] Arends [of Illinois]: . . . Would it be proper
if Members were permitted to extend their remarks and make their 1-
minute speeches at the end of the legislative day in order that we
might just get started right away on the legislative program when
we meet.
Mr. McCormack: I call the 1-minute period ``dynamic
democracy.'' I hesitate to take away the privilege of a Member as
to speaking during that period and it has become a custom and a
practice of the House. I think it is a very good thing to adhere to
that custom and practice.
It is only on rare occasions that Members have not been
recognized for that purpose. How would the gentleman feel if he had
a 1-minute speech to make and he had sent out his press release and
then found out that the Speaker was not going to recognize him?
Surely, I think, the gentleman would feel better if the Speaker did
recognize him; would he not?
Mr. Arends: According to a person's views--I think it would be
the reverse.
Mr. McCormack: Does the gentleman mean at the end of the day?
Mr. Arends: You said that this might be ``dynamic democracy.''
I would rather it would be started when we have the time rather
than be started at noon.
Mr. McCormack: It is an integral part of the procedure of the
House and I like to adhere to it. Very seldom have I said to
Members that I will accept only unanimous-consent requests for
extensions of remarks. I hesitate to do it. I think every Member
realizes that I am trying to protect their rights.
Mr. [Durward G.] Hall [of Missouri]: I thank the gentleman for
yielding.
I think the question is not that of eliminating the 1-minute
speeches after the Members have their news releases out. But it is
a question of not going back after the second or third rollcall and
rerecognizing speeches. In this connection does ``dynamic
democracy'' mean the same thing as benign but beneficial
dictatorship--which does have merit?
Mr. McCormack: The gentleman from Missouri has raised a very
interesting question. Many times I have said to myself, I am going
to announce
[[Page 459]]
that the 1-minute speeches will have to be at 12 o'clock and not
thereafter. But I have not come to the making of that resolution
because I just could not bring myself to it. It is somewhat late in
this session to do it and when, of course, we Democrats control the
House in the next Congress, and I hope I will be Speaker, then I
might do it. I am not promising it, but I may do it. But there is
something to what the gentleman from Missouri says.
Mr. Hall: I would appreciate it if we had a little more
``dynamic democracy'' so that we could get to work on the
legislative program.
Mr. McCormack: I realize that any Member who wants to make a 1-
minute speech ought to be here at 12 o'clock. But we are all human
beings. None of us are perfect.
On June 17, 1970,(13) Speaker McCormack made the
following announcement:
---------------------------------------------------------------------------
13. 116 Cong. Rec. 20158, 20245, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair will recognize Members for unanimous-
consent requests to extend remarks, and so forth, or for 1-minute
speeches with yielding back of the time, and later in the day the
Chair will recognize Members for 1-minute speeches if Members
desire to present them. . . .
Mr. [William V.] Alexander [Jr., of Arkansas]: Mr. Speaker, I
ask unanimous consent to address the House for 1 minute, to revise
and extend my remarks and to include extraneous matter.
The Speaker: Is there objection to the request of the gentleman
from Arkansas?
Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, reserving the
right to object----
The Speaker: The gentleman from Arkansas asked unanimous
consent to address the House for 1 minute.
Mr. Gross: I understand that, Mr. Speaker, and I reserved the
right to object.
Mr. Speaker, when the session opened this morning the Speaker--
very providently, I thought--in the interest of--getting on with
the legislative business, precluded 1-minute speeches. However, I
am not at all certain that it was done for the purpose of
expediting the legislation, but rather to prevent 1-minute speeches
on the resolution just passed.
The Speaker: . . . As far as the Chair is concerned the custom
of the 1-minute speech procedure is adhered to as much as possible
because the Chair thinks it is a very healthy custom.
The Chair had the intent, after the disposition of the voting
rights bill, to recognize Members for 1-minute speeches or further
unanimous-consent requests if they so desired to do so.
Construing and Applying House Rules
Sec. 3.29 It has been held within the authority of the Speaker to look
to all pertinent facts concerning a matter in order to construe
House rules sought to be applied thereto.
On Aug. 13, 1937,(14) Speaker William B. Bankhead, of
Ala
[[Page 460]]
bama, described the circumstances that could be considered in
construing a rule of the House.
---------------------------------------------------------------------------
14. 81 Cong. Rec. 8842-45, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John H.] Kerr [of North Carolina]: Mr. Speaker, I offer a
privileged report in the election contest of Roy against Jenks.
The Clerk read the title of the resolution.
The Speaker: Referred to the House Calendar and ordered
printed.
Mr. [Charles W.] Tobey [of New Hampshire]: Mr. Speaker, I rise
to make a point of order against the acceptance by the House of the
report and resolution just offered by the chairman of Elections
Committee No. 3.
Mr. Speaker, it is my contention that the making of this report
constitutes a violation of section 47 of rule 11 of the rules of
the House of Representatives, which reads as follows:
47. The several elections committees of the House shall
make final report to the House in all contested election cases
not later than 6 months from the first day of the first regular
session of the Congress to which the contestee is elected
except in a contest from the Territory of Alaska in which case
the time shall not exceed 9 months.
The language of this rule is not permissive; it is mandatory,
compelling. . . .
After lengthy debate Speaker Bankhead said:
The Speaker: The Chair is prepared to rule on this point of
order. . . .
. . . Of course, this is a rather serious proposition which has
been submitted to the Chair, because it involves the right of the
contestant or the contestee to have the issue presented to this
House as to whether or not the contestant or the contestee is
entitled to a seat on the floor. . . .
The Chair thinks it proper in the construction of this issue
not only to take into consideration the verbiage of this rule but
also a provision of the Constitution of the United States which has
been cited in this argument. Section 5 of article I of the
Constitution, in part, provides:
Each House shall be the judge of the elections, returns,
and qualifications of its own Members.
The Chair is of opinion that although the terms of the rule are
in the language read by the Chair and as argued by the gentleman
from New Hampshire, yet, nevertheless, the Chair must look at all
the facts in the case in order to reach a decision as to what was
the fair intention of the House of Representatives in the adoption
of this rule. . . .
The contestee and the contestant having each more than 6 months
under the statutes to present their case, the Chair is of opinion
that under all of the circumstances the fair and reasonable and
just interpretation of this rule justifies him in overruling the
point of order, and the Chair does overrule the point of
order.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: The first regular session of the 75th
Congress began on Jan. 5, 1937. The point of order in this case
was that the time period under the rule in question was six
months, and therefore the committee did not have jurisdiction
on Aug. 13 to submit the report. The issue of the contested
election was filed with the committee on July 21, 1937, and
immediately referred to the Committee on Elections No. 3. Thus
in construing the rule, the Speaker in effect held that the six
months' time period in question was directory and not mandatory
in nature.
---------------------------------------------------------------------------
[[Page 461]]
Ruling on Resolutions
Sec. 3.30 The Speaker normally does not rule on whether a resolution is
a privileged one until the reading of it is concluded.
On July 9, 1935,(16) a Member rose to present what he
considered to be a privileged resolution.
---------------------------------------------------------------------------
16. 79 Cong. Rec. 10905, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, I have a
matter of correcting a false report that should require not more
than a few minutes. For the purpose of getting it immediately
before the House, I rise to a question of the privileges of the
House and present a privileged resolution.
The Clerk read the resolution, as follows:
Resolution
Whereas all over the United States the press has
erroneously asserted that in a brusque, uncalled-for manner the
Doorkeeper of the House of Representatives forced a mother and
child to leave the House gallery because she was nursing her
baby, and inferentially censuring the House of Representatives
for not allowing a mother to nurse her baby in the House
gallery. . . .
. . . Therefore be it
Resolved, That said report emanating from Washington and
published generally in the United States was incorrect and
without warrant.
Mr. [John E.] Rankin [of Mississippi] (interrupting the reading
of the resolution): Mr. Speaker, I make the point of order that
enough of the resolution has been read to show that it is not
privileged.
Mr. Blanton: It should be privileged when the House of
Representatives has been charged with having shown disrespect and
an inexcusable indignity to an American mother.
Mr. Rankin: Mr. Speaker, it does not reflect on the dignity of
the proceedings of the House at all.
The Speaker [Joseph W. Byrns, of Tennessee]: The Clerk will
finish the reading of the resolution. The Chair cannot pass on the
matter until the reading of the resolution has been concluded. . .
.
Sec. 3.31 Although the Chairman of the Committee of the Whole does not
ordinarily rule on the effect of an amendment, he has interpreted
questioned language in order to rule on a point of order.
On Apr. 26, 1966,(17) a point of order was raised
concerning the effect of a proposed amendment.
---------------------------------------------------------------------------
17. 112 Cong. Rec. 8968, 8969, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Jamie L.] Whitten [of Mississippi]: Mr. Chairman, I make a
[[Page 462]]
point of order against the amendment offered by the gentleman from
Illinois on the ground that it is legislation on an appropriation
bill. . . .
The Chairman [Eugene J. Keogh, of New York]: The Chair is
prepared to rule.
The gentleman from Illinois [Mr. Finley] has offered an
amendment . . . to which amendment the gentleman from Mississippi
has made a point of order on the ground that it is legislation on
an appropriation act.
The language sought to be inserted by the amendment reads as
follows:
No funds appropriated by the Act shall be used to formulate
or administer a Federal crop insurance program for the current
fiscal year that does not meet the administrative and operating
expenses from premium income.
It might be said that the effect of any proposed amendment is
truly not within the competence of the Chair. But a reading of this
language indicates to this occupant of the chair that there is here
sought an express limitation on the funds appropriated by the
pending bill and the Chair, therefore, overrules the point of
order.
Inquiries by Chair
Sec.
3.32 The Chairman of the Committee of the Whole may inquire of a
Member offering an amendment the purpose of including therein a
reference to existing law.
On Oct. 10, 1963,(18) the Chairman of the Committee of
the Whole, Richard Bolling, of Missouri, made the following inquiry of
a Member:
---------------------------------------------------------------------------
18. 109 Cong. Rec. 19260, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
The Chairman: The Chair would like to ask the gentleman from
Washington a question. What is the reason for the inclusion of
language at the end of the amendment reading:
Except pursuant to an agreement hereafter made by the
President by and with the advice and consent of the Senate as
provided by section 205 of the National Aeronautics and Space
Act of 1958.
The Chair, to make it clear why he is asking the question, has
examined section 205 of that act. That says:
International Cooperation
Sec. 205. The Administration, under the foreign policy
guidance of the President, may engage in a program of
international cooperation in work done pursuant to this Act and
in the peaceful application of the results thereof, pursuant to
agreements made by the President with the advice and consent of
the Senate.
The problem the Chair is considering is why there is any need
to include the language at the end of the amendment unless in some
way it changes existing law?
Mr. [Thomas M.] Pelly [of Washington]: Mr. Chairman, I would
say that it does not change existing law but simply follows it.
But, in order to clarify this matter I ask unanimous consent to
strike from the amendment the words from ``except pursuant to an
agreement'' to the end.
The Chairman: Is there objection to the request of the
gentleman from Washington?
[[Page 463]]
There was no objection.
Answering Inquiries
Sec. 3.33 The Speaker may answer parliamentary inquiries regarding the
applicability of the rules of the House to standing committees.
On Feb. 15, 1949,(19) parliamentary inquiries were made
concerning the applicability of the House rules to the standing
committees.
---------------------------------------------------------------------------
19. 95 Cong. Rec. 1212, 1213, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Earl] Chudoff [of Pennsylvania]: Mr. Speaker, a
parliamentary inquiry.
The Speaker [Sam Rayburn, of Texas]: The gentleman will state
it.
Mr. Chudoff: Mr. Speaker, I should like to know whether the
committees of this House operate under the same rules as the House.
The Speaker: The rules of the House so provide.
Mr. Chudoff: Mr. Speaker, I should like to know further whether
this House has a right to appeal from a ruling of the Chair.
The Speaker: Any Member has the right to appeal from the ruling
of the Chair.
Mr. Chudoff: I should like to know whether, under that ruling,
members of the committee can appeal from the ruling of the chairman
of the committee.
The Speaker: They can.
Mr. Chudoff: So that the chairman of a committee who had his
ruling appealed from would have no right other than to allow that
appeal to go before the entire committee; is that right, Mr.
Speaker?
The Speaker: The rules of the House provide that the rules of
the House are made the rules of its standing committees so far as
applicable. The Members of the House have a right to appeal from a
decision of the Chair. That would also apply in a committee.
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Rankin: Suppose a question is raised here and a roll call
is asked for, and one-fifth of the Members rise and ask for a roll
call, and the Chair holds that a roll call is called for, no appeal
from that ruling would be in order, would it?
The Speaker: That would be in accordance with the rules of the
House.
Mr. Rankin: Certainly. That is just what happened in the
committee this morning. I demanded a roll call and asked for a
showing of hands, and more than one-fifth voted for a roll call.
One member tried to appeal from the decision, which, of course, was
ridiculous. Then a few of them walked out, evidently to keep from
going on record.
The Speaker: The Chair was only answering the parliamentary
inquiry. He does not know what happened in the committee.
Sec. 3.34 The Speaker may decline to immediately answer a parliamentary
inquiry
[[Page 464]]
when the inquiry would better be taken under advisement.
On July 21, 1956,(20) a parliamentary inquiry was
directed to Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
20. 102 Cong. Rec. 13832, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state the parliamentary
inquiry.
Mr. Hoffman [of Michigan]: Mr. Speaker, can a regular or select
committee of the House authorize its chairman to file, subsequent
to adjournment sine die, with the Clerk for printing as House
documents reports which are approved by a majority of the members
of the committee, if such reports do not purport to represent the
views and conclusions of the entire membership?
The Speaker: That is something the Chair would certainly have
to take under advisement and it would take some time.
Sec. 3.35 The Speaker may request that a parliamentary inquiry be
withheld under certain circumstances until the Speaker has had
sufficient time to determine certain facts.
On July 8, 1957,(1) a parliamentary inquiry was
addressed to Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
1. 103 Cong. Rec. 11012, 85th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I desire to
propound a parliamentary inquiry.
The Speaker: The gentleman will state the parliamentary
inquiry.
Mr. Smith of Virginia: Mr. Speaker, the bill, H.R. 6127, known
as the civil rights bill, as it passed the House, contained an
amendment, one amendment, which should have been printed on page 13
where it was adopted. By inadvertence an error was made in the
Journal and in the printing of the bill, and the bill was printed
so that the amendment appears at the bottom of page 8 of the bill
instead of as a new section on page 13. It was so messaged to the
other body in the erroneous form. In other words, the House sent to
the other body a bill which is not in conformity with the action of
the House. The bill was received by the other body and was read the
first time and was then read the second time and it is now on the
calendar of the other body. My parliamentary inquiry is whether it
is not the proper procedure at this time to ask the other body to
return the bill to the House for action to conform to what actually
took place and to conform with the Record and the Journal of the
House.
The Speaker: The Chair would ask the gentleman from Virginia to
withhold his inquiry for the purpose of enabling the Chair to look
further into the matter.
Mr. Smith of Virginia: I thank the Speaker.
Sec. 3.36 The Speaker, and not the Chairman of the Committee of the
Whole, is considered the proper person to
[[Page 465]]
answer parliamentary inquiries regarding points of order which
might be made against a conference report under consideration in
the House.
On May 18, 1966,(2) a parliamentary inquiry was
addressed to the Chairman of the Committee of the Whole, Eugene J.
Keogh, of New York:
---------------------------------------------------------------------------
2. 112 Cong. Rec. 10895, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Charles R.] Jonas [of North Carolina]: Mr. Chairman, a
parliamentary inquiry.
The Chairman: The gentleman will state his parliamentary
inquiry.
Mr. Jonas: In case the bill agreed on in the conference should
delete this amending language, and the bill which came back to the
House contained the objectionable language, against which the point
of order was lodged, could a point of order be made against the
conference report to strike that language?
The Chairman: The present occupant of the chair would not
assume to undertake to suggest what would be done by the Speaker in
that event.
Mr. Jonas: That would be a matter for the Speaker to decide.
The Chairman: The gentleman is correct.
Sec. 3.37 The Speaker, and not the Chairman of the Committee of the
Whole, is considered the person having authority to answer
parliamentary inquiries regarding voting requirements in the House.
On June 13, 1946,(3) a parliamentary inquiry was
addressed to the Chairman of the Committee of the Whole, William M.
Whittington, of Mississippi:
---------------------------------------------------------------------------
3. 92 Cong. Rec. 6877, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Francis H.] Case [of South Dakota]: Mr. Chairman, a
parliamentary inquiry.
The Chairman: The gentleman will state it.
Mr. Case: Would it be possible to get a rule making in order a
paragraph which had previously been stricken from the bill on a
point of order, unless that rule was adopted by a two-thirds vote?
The Chairman: The Chair may say to the gentleman that that
inquiry is not one that can be answered in the Committee of the
Whole. It is a matter that would have to be determined by the
Speaker of the House.
Sec. 3.38 It is within the authority of the Speaker, and not the
Chairman of the Committee of the Whole, to answer parliamentary
questions concerning possible procedures whereby the House could
authorize the Committee of the Whole to sit in executive session.
On May 9, 1950,(4) a parliamentary inquiry was addressed
to the
[[Page 466]]
Chairman of the Committee of the Whole:
---------------------------------------------------------------------------
4. 96 Cong. Rec. 6746, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Errett P.] Scrivner [of Kansas]: Mr. Chairman . . . I
would submit a parliamentary inquiry as to whether or not an
executive session could be held and, if so. what procedure would be
necessary to bring that to pass before we are asked to vote upon
the $350,000,000 additional.
The Chairman [Mike Mansfield, of Montana]: The Chair will state
to the gentleman from Kansas that the Committee of the Whole would
have no control over that. That would be a matter for the House
itself to decide.
Mr. Scrivner: I understand that, of course, and raised the
question for information of the Members. Since it is a matter for
the House to determine, as a further parliamentary inquiry, what
would be the method followed to take that action?
The Chairman: The Chair will say to the gentleman from Kansas
that a parliamentary inquiry of that sort should be addressed to
the Speaker rather than the chairman.
Accepting subpena
Sec. 3.39 The Speaker accepts service of a subpena duces tecum in his
official capacity as Speaker of the House.
On Feb. 11, 1965,(5) Speaker John W. McCormack, of
Massachusetts, made an announcement concerning a subpena duces tecum
from a U.S. District Court.
---------------------------------------------------------------------------
5. 111 Cong. Rec. 2645, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a statement.
The Chair, in his official capacity as Speaker of the House,
has been served with a subpena duces tecum, issued by the U.S.
District Court for the District of Columbia, commanding him to
appear in the said court to testify in the case of the United
States of America against Russell Nixon, Dagmar Wilson, and Donna
Allen on the 18th day of March 1965.
Under the precedents of the House, the Chair is unable to
comply with this subpena without the consent of the House, the
privileges of the House being involved. The Chair therefore submits
the matter for the consideration of this body. The Clerk will read
a copy of the subpena. . . .(6)
---------------------------------------------------------------------------
6. Parliamentarian's Note: In order to avoid the problems which might
be associated with his being served in the Capitol Building,
the Speaker agreed in advance to receive the deputy marshal in
his hotel suite.
---------------------------------------------------------------------------
Certifying for Contempt
Sec. 3.40 The Speaker may be authorized by a formal House resolution to
certify to a U.S. attorney the names of persons found to be in
contempt of a House committee.
On Mar. 28, 1946,(7) the following resolution was
introduced in the House:
---------------------------------------------------------------------------
7. 92 Cong. Rec. 2745. 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [John S.] Wood [of Georgia]: Mr. Speaker, I offer a
privileged resolution (H. Res. 573) and ask for its immediate
consideration.
[[Page 467]]
The Clerk read the resolution, as follows:
Resolved, That the Speaker of the House of Representatives
certify the report of the House Committee on Un-American
Activities as to the willful and deliberate refusal of the
following persons to produce before the said committee for its
inspection the books, papers, and records of an unincorporated
organization known as the Joint Anti-Fascist Refugee Committee,
with offices at 192 Lexington Avenue, New York, N.Y., together
with all the facts relating thereto, under seal of the House of
Representatives, to the United States attorney for the District
of Columbia to the end that the said persons named below may be
proceeded against in the manner and form provided by law: . . .
[Names]
On Aug. 2, 1946,(8) the following resolution was
introduced in the House:
---------------------------------------------------------------------------
8. 92 Cong. Rec. 10748, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: [Sam Rayburn, of Texas]: The Clerk will read the
resolution.
The Clerk read as follows:
Resolved, That the Speaker of the House of Representatives
certify the foregoing report of the House Committee on Un-
American Activities as to the willful and deliberate refusal of
the following person to produce before the said committee for
its inspection certain books, papers, and records which had
been duly subpenaed, and to testify under oath concerning all
pertinent facts relating thereto; under seal of the House of
Representatives to the United States attorney for the District
of Columbia to the end that the said person named below may be
proceeded against in the manner and form provided by law;
Richard Morford, 114 East Thirty-second Street, New York, N.Y.
Sec. 3.41 When the Speaker certifies to a U.S. District Attorney for
prosecution (2 USC Sec. 194) the name of a person a House committee
has found to be in contempt, it has been held that no further
action of the House is required for the courts to begin
proceedings.
On Nov. 14, 1944,(~9) Speaker Sam Rayburn, of Texas,
made an announcement concerning his certification to the U.S. Attorney
of the District of Columbia of statements of fact concerning the
willful refusal of certain individuals to testify for a special
committee of the House:
---------------------------------------------------------------------------
9. 90 Cong. Rec. 8163, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to announce that during the past
recess of the Congress the Special Committee to Investigate
Campaign Expenditures authorized by House Resolution 551, Seventy-
eighth Congress, reported to and filed with the Speaker statements
of facts concerning the willful and deliberate refusal of Edward A.
Rumely of the Committee for Constitutional Government and Joseph P.
Kamp of the Constitutional Educational League, Inc., to testify and
to produce the books, papers, records, and documents
[[Page 468]]
of their respective organizations before the said Special Committee
of the House, and the Speaker, pursuant to the mandatory provisions
of Public Resolution No. 123, Seventy-fifth Congress, certified to
the United States attorney, District of Columbia, the statement of
facts concerning the said [persons]. . . .
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Rankin: Mr. Speaker, what is necessary to dispose of the
document which the Speaker has just read? Will it require a
resolution by the House or will it be referred to some committee?
The Speaker: That is not necessary under the statute. It is
before the court now.
Mr. Rankin: I understand, but in order to call for court action
it will be necessary, as I understand it, to have a resolution from
the House.
The Speaker: The Chair thinks not, under the law.
Sec. 3.42 Once authorized by the House, the Speaker certifies to U.S.
District Attorneys for prosecution the names of persons that House
committees have found to be in contempt.
On Aug. 24, 1960,(10) Speaker San Rayburn, of Texas,
made the following announcement:
---------------------------------------------------------------------------
10. 106 Cong. Rec. 17479, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to announce that, pursuant to
sundry resolutions of the House, he has, today, made certifications
to the U.S. attorney, District of Columbia, and to the U.S.
attorney, Commonwealth of Puerto Rico, as follows:
To the U.S. attorney, District of Columbia:
House Resolution 606, the refusal of Austin J. Tobin to
furnish certain documents to the Committee on the Judiciary. .
. .
Ending Contempt Proceedings
Sec. 3.43 The Speaker must be formally authorized by the House to
certify to a U.S. District Attorney the name of a person who has
purged himself of contempt of a House committee for purposes of
ending prosecution of the person.
On July 23, 1954,(11) the following resolution was
introduced in the House:
---------------------------------------------------------------------------
11. 100 Cong. Rec. 11650, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Harold H.] Velde [of Illinois]: Mr. Speaker, I offer a
resolution (H. Res. 681) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That the Speaker of the House of Representatives
certify the report of the Committee on Un-American Activities
of the House of Representatives concerning the action of
Francis X. T. Crowley in purging himself of contempt of the
House of Representatives of the
[[Page 469]]
United States, together with all the facts in connection
therewith, under seal of the House of Representatives, to the
United States Attorney for the District of Columbia to the end
that legal proceedings based upon the matter certified by the
Speaker pursuant to H. Res. 541, 83d Congress, second session,
against the said Francis X. T. Crowley may be withdrawn and
dropped in the manner and form provided by law.
Emergency Recesses
Sec. 3.44 In cases of emergency, the Speaker has the inherent power to
declare recesses of the House subject to the call of the Chair.
On Mar. 2, 1943,(12) Speaker Sam Rayburn, of Texas,
declared a recess of the House pursuant to his inherent powers in the
case of an emergency.
---------------------------------------------------------------------------
12. 89 Cong. Rec. 1487, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The time of the gentleman from Massachusetts has
expired.
Mr. [Jack] Nichols [of Oklahoma]: Mr. Speaker, I offer an
amendment.
The Clerk read as follows:
Amendment offered by Mr. Nichols: On page 1, line 4, after
``on'' and before ``aviation'', insert ``civil and
commercial.''
Mr. [Alfred L.] Bulwinkle [of North Carolina]: I rise in
opposition to the amendment.
The Speaker: The gentleman from North Carolina is recognized
for 1 hour.
Mr Bulwinkle: Mr. Speaker----
Recess
The Speaker: Pursuant to the inherent power lodged in the
Presiding Officer in case of emergency, the Chair declares this
House in recess subject to the call of the Chair for the purpose of
participating in a practice air-raid drill. The alarm has sounded.
Members will leave the Chamber as rapidly as possible, and the
galleries will be cleared.
Accordingly (at 2 o'clock and 18 minutes p.m.) the House stood
in recess, subject to the call of the Speaker.
On Mar. 1, 1954,(13) Speaker Joseph W. Martin, Jr., of
Massachusetts, without authorization, declared the House in recess.
---------------------------------------------------------------------------
13. 100 Cong. Rec. 2434, 83d Cong. 2d Sess.
For a more detailed treatment of this precedent, see Ch. 4,
supra.
---------------------------------------------------------------------------
At approximately 2 o'clock and 30 minutes p.m. a demonstration
and the discharge of firearms, from the southwest House Gallery,
interrupted the counting of the vote; the Speaker, pursuant to the
inherent power lodged in the Presiding Officer in the case of grave
emergency, after ascertaining that certain Members had been wounded
and to facilitate their care, at 2 o'clock and 32 minutes p.m.
declared the House in recess, subject to the call of the Chair.
Enforcing Rules of Comity
Sec. 3.45 The Speaker, on the part of the House, has within his
[[Page 470]]
authority the enforcement of the customary rules of comity between
the House and the Senate.
On Jan. 17, 1955,(14) Speaker Sam Rayburn, of Texas,
announced his policy with the regard to the rule of comity between the
two Houses.
---------------------------------------------------------------------------
14. 101 Cong. Rec. 386, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make this statement at the
beginning of this session with reference to something that has been
maintained by every Speaker of the House since the present occupant
of the Chair has been a Member of this body, and that is that the
House of Representatives, regardless of what any other body or any
other individual does, has maintained strictly those rules and
regulations which protect and perpetuate the comity between the two
Houses. And when any Member of this House rises to make remarks
about what has happened in another body or about any individual in
that body, the present occupant of the Chair will certainly see
that the rules of the House and the rules of comity between the two
Houses are enforced.
On Mar. 26, 1964,(15) a Member made reference to a
Senator in the course of debate:
---------------------------------------------------------------------------
15. 110 Cong. Rec. 6361, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Louis C.] Wyman [of New Hampshire]: Mr. Speaker, I want to
express myself as being in whole-hearted disagreement with the
amazing, incredible, and dismaying remarks regarding American
foreign policy of the chairman of the Senate Foreign Relations
Committee made on the Senate floor yesterday. . . .
May the Lord help us should this sort of policy be in effect--
--
Mr. [Kenneth] Hechler [of West Virginia]: Mr. Speaker, a point
of order.
The Speaker: [John W. McCormack, of Massachusetts]: The
gentleman will state it.
Mr. Hechler: Mr. Speaker, the gentleman's remarks are directed
to a Member of the other body, which is a violation of the rules of
the House.
The Speaker: The Chair will say that under the rules no Member
may refer to a Member of the other body, or to a speech another
Member has made in that body.
The gentleman from New Hampshire will proceed in order.
Mr. Wyman: Mr. Speaker, a parliamentary inquiry.
The Speaker:: The gentleman will state it.
Mr. Wyman: Mr. Speaker, I had no intention to violate the rules
of the House. The speech is a matter of record. It was made by the
chairman of the Foreign Relations Committee of the Senate, and I do
not know how I could refer to it otherwise. The speech is in the
Record, and it is before us at our seats.
May I inquire as to how I may now properly refer to the speech
and disassociate myself from its views without referring to its
author?
The Speaker: The Chair has stated what the rules of the House
are. The
[[Page 471]]
Chair did not use the word ``violate.'' The Chair did not go that
far. The Chair simply says reference to a Member of the other body
is not proper, and is not consistent with the rules of the House.
The gentleman was recognized to proceed in order.
Mr. Wyman: Mr. Speaker, I will, of course, accord with the rule
and I will therefore refer only to prominently publicized remarks
appearing on the front pages of the Nation's newspapers of last
night and this morning
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 4. Limitations on the Speaker's Powers
As previously noted, the Speaker is not unlimited in the exercise
of his various powers. The House rules and precedents serve not only as
a guide for his actions but also as a constraint on them. In
Jefferson's Manual, the author noted the importance of such
constraints:
And whether these forms be in all cases the most rational or
not is really not of so great importance. It is much more material
that there should be a rule to go by than what that rule is; that
there may be a uniformity of proceeding in business not subject to
the caprice of the Speaker. . . .(16)
---------------------------------------------------------------------------
16. House Rules and Manual Sec. 285 (1973).
---------------------------------------------------------------------------
Thus, the Speaker is constrained to follow formal procedures when
they exist. For example, the Speaker normally does not refer matters to
the various House committees without first examining the
measures(17) and conferring with the House
Parliamentarian.(18)
---------------------------------------------------------------------------
17. See Sec. 4.2, infra.
18. See Sec. 4.3, infra. See Ch. 16, infra, for treatment of reference
of bills to committees.
---------------------------------------------------------------------------
The Speaker is, of course, guided in his duties by the House rules
and precedents. Thus, he normally does not comment on the advisability
of one rule over another in a case where a previous rule is in conflict
with a current rule,(19) nor does he normally rule on a
point of order in such a way as to overturn previous rulings, though he
has the power to do so.(1)
---------------------------------------------------------------------------
19. See Sec. 4.4, infra. See Ch. 5, supra, for treatment of the House
rules.
1. See Sec. 4.5, infra. See Ch. 31, infra, for fuller treatment of the
Speaker's rulings on points of order.
---------------------------------------------------------------------------
Though in certain circumstances it might seem helpful for the
Speaker to interpret the Senate rules of procedure, he does not
normally even attempt to do so.
Similarly, the Speaker does not rule on the effect of a resolution
being considered by the House which deals with the House
rules.(2)
---------------------------------------------------------------------------
2. See Sec. 4.8, infra.
---------------------------------------------------------------------------
[[Page 472]]
Whether a Member may display exhibits during his remarks is a
matter for the House and not the Speaker to decide.(3)
---------------------------------------------------------------------------
3. See Sec. 4.10, infra. See Ch. 29, infra, for fuller treatment of
the Speaker's role in consideration and debate of legislative
measures, and as to the use of exhibits.
---------------------------------------------------------------------------
Tke Speaker's duty to rule on various points of order is limited in
certain ways.(4) It is considered improper for the Speaker
to rule, for example: on the constitutionality of
measures;(5) on the effect of an amendment;(6) on
the merits of a measure;(7) on the purpose of an
amendment;(8) on the sufficiency, insufficiency, or binding
effect of a committee report;(9) on the substantive effect
of extraneous material in a committee report;(10) on the
possible ambiguity of language in a measure;(11) on the
propriety of instructions that might subsequently accompany a motion to
recommit a measure;(12~) on the propriety of an announced
speech topic in advance of its delivery;(13) or on how the
results of a vote should be construed.(14~)
---------------------------------------------------------------------------
4. See Ch. 31, infra, for fuller treatment of the Speaker's role vis-
a-vis points of order.
5. See Sec. 4.18, infra.
6. See Sec. 4.19, infra.
7. See Sec. 4.20, infra.
8. See Sec. 4.21, infra.
9. See Sec. 4.22, infra.
10. See Sec. 4.23, infra.
11. See Sec. 4.24, infra.
12. See Sec. 4.25, infra. See Ch. 28, infra, for treatment of the
germaneness rule generally.
13. See Sec. 4.26, infra.
14. See Sec. Sec. 4.27, 4.28, infra.
---------------------------------------------------------------------------
In many situations, the Speaker is entitled to perform certain
actions only after the House has given him its formal authorization.
Thus, for example, under normal circumstances, the Speaker must be
authorized by the House prior to declaring a recess.(15)
This authorization may later be vacated by the House.(16)
---------------------------------------------------------------------------
15. See Sec. 4.34, infra. See also Sec. 3.44, supra, for Speaker's
power to declare recesses in an emergency. See Ch. 39, infra,
for fuller treatment of the Speaker's role in recessing the
House.
16. See Sec. 4.35, infra.
---------------------------------------------------------------------------
The Speaker must also be authorized to sign enrolled bills and
joint resolutions during House adjournments.(17) The
Speaker's signature may later be rescinded by House
action.(18)
---------------------------------------------------------------------------
17. See Sec. Sec. 4.37, 4.38, infra. See Ch. 24, infra, for fuller
treatment of the formal passage of bills.
18. See Sec. Sec. 4.39, 4.40,
infra -------------------
---------------------------------------------------------------------------
Congressional Record Policy
Sec. 4.1 Although the Speaker may have set policy regard
[[Page 473]]
ing matter to be included in the Congressional Record, it is a
matter for the House to decide whether such a policy, not being a
House rule, shall be followed.
On Mar. 6, 1945,(19) Speaker Sam Rayburn, of Texas,
discussed extension of remarks in the Congressional Record in response
to a parliamentary inquiry:
---------------------------------------------------------------------------
19. 91 Cong. Rec. 1788, 1789, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Rankin: Mr. Speaker, on yesterday several Members made 1
minute speeches. Among them was the gentleman from Arkansas . . .
the gentle man from Nevada . . . the gentleman from New York . . .
and your humble servant.
Without consulting the gentleman from Nevada . . . or the
gentleman from Arkansas . . . or me, somebody down the line
inserted our speeches in the Appendix of the Record and left the
speech made by the gentleman from New York . . . in the body of the
Record where it should be.
As I understand the rules of the House, nobody in the Printing
Office has any right to change this Record. One reason I am raising
this question is this: The Speaker is familiar with the fact that a
short time ago, I made a short address on the floor and when it was
sent down to the Printing Office it had a heading on it, and . . .
one of the Official Reporters in the well of the House here called
down there at midnight and had that heading changed.
It seems to me that we have come to the time, if Congress is
going to control the Congressional Record, that we might as well
find it out. I understand it has been the ruling of the Chair that
where a Member makes a 1-minute speech, if he asks to insert
extraneous matter that contains more than 300 words, the speech
must be inserted in the Appendix of the Record. But where a Member
makes his own speech and extends his own remarks, he has the right
to have that speech appear in the Record at that point. . . .
The Speaker: The Chair can reiterate what he has said many
times.
When I became majority leader, I made the statement to the
House, after consulting with the minority leader, who I think at
that time was Mr. Snell, of New York, that if anyone asked to
proceed for more than 1 minute before the legislative program of
the day was completed we would object. Since then Members have not
asked to proceed for more than a minute before the legislative
program.
Then Members began speaking for a minute and putting into the
Record a long speech, so that 10 or a dozen pages of the Record was
taken up before the people who read the Record would get to the
legislative program of the day, in which I would think they would
be the most interested. So we adopted the policy--there is no rule
about it--of asking that when Members speak for a minute, if their
remarks are more than 300 words, which many times can be said in a
minute,
[[Page 474]]
their remarks or any extension of their remarks go in the Appendix
of the Record. The Chair has on numerous occasions spoken to those
who control the Record and asked them to follow that policy.
Mr. Rankin: Mr. Speaker, I take issue of course with that
policy, because these 1-minute speakers do not abuse the Record, as
a rule. The only question that has been raised about any abuse of
the Record in regard to these 1-minute speeches was with reference
to a speech made on the 5th of February, I believe, wherein the 1-
minute speaker used several pages.
The Speaker: The Chair might state also that when there is no
legislative program in the House for the day, such speeches may go
in, and they will go in as 1-minute speeches.
Mr. [Daniel A.] Reed of New York: Mr. Speaker, verifying the
statement, which, of course, needs no verification, I remember
going to the Speaker and asking if it would be proper to put the
speech in the body of the Record, and the Speaker said that there
was no legislative program for the day and there was no reason why
a Member could not do it. I assume that was on the 5th of February.
The Speaker: That is correct.
Mr. Rankin: Let me say to the gentleman from New York that on
yesterday one of the Members made a speech that you will find in
the Record almost or quite as long as the speech of the gentleman
from Nevada . . . or the one of the gentleman from Arkansas . . .
or the one that I made. It was placed in the body of the Record,
and it was in excess of 300 words. I can go back through the Record
here and find numerous occasions.
If we are going to adopt the policy that everybody who speaks
in the well of the House and uses over 300 words must have his
speech printed in the Appendix, it should apply to all of us.
. . . I think this should be a matter to be settled by the
membership of the House. . . .
The Speaker: The House has that within its entire control at
any time it desires to act upon the question. . . .
Mr. Rankin: Let me ask the Speaker now, I want to know, because
the Members of the House are all interested, if Members, when they
make a 1-minute speech, use more than 300 words, it is to be
printed in the Appendix of the Record and not in the body?
The Speaker: That is correct.
Mr. Rankin: So the rule will be applied to all alike?
The Speaker: The Chair tries to apply that rule.
Announcing Reference of Bill
Sec. 4.2 The Speaker may refuse to say, in advance of examination of a
bill, to which committee the bill will be referred.
On Feb. 1, 1966,(1) parliamentary inquiries were
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
1. 112 Cong. Rec. 1716, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state his parliamentary
inquiry.
[[Page 475]]
Mr. Hall: . . . [M]y parliamentary inquiry would involve two
questions: First, would reference of the President's message to the
Committee on Foreign Affairs of this House automatically involve
reference of bills referred to therein to the same committee of
this House?
The Speaker: It would depend upon the nature of the bill. The
answer as to one does not necessarily follow as to the other. On
the other hand, the provisions of the bill and the Rules of the
House would govern.
Mr. Hall: I thank the Speaker.
The second portion of my parliamentary inquiry, Mr. Speaker, if
I may continue, is this: In view of the fact that the military and
economic authorization requests are to be contained, according to
the President's message, in two separate bills--again, for the
first time in some years--would the military authorization part
thereof, when submitted, apparently by the administration, per this
message, be referred to the Legislative Committee on Armed Services
of this House, or would it go to the Committee on Foreign Affairs?
The Speaker: The Chair is not prepared to answer that inquiry
at the present time, because the answer to the second inquiry would
relate back to the first inquiry made by the gentleman from
Missouri, and the response of the Chair to that inquiry.
In the opinion of the Chair, the second question is related to
the first question, that question being answered that it does not
necessarily follow that specific legislation would be referred to
the committee to which the message would be referred.
Mr. Hall: I thank the Speaker.
The Speaker: Therefore, the Chair does not feel able to pass
upon the second inquiry until the Chair has had an opportunity to
observe the provisions of the bill.
Bill Reference After Consultation
Sec. 4.3 The Speaker may withhold referral of a Senate bill on the
Speaker's Table until he has studied the question, consulted with
the Parliamentarian, and decided on the proper jurisdiction.
On June 6, 1949,(2) Speaker Sam Rayburn, of Texas,
indicated the nature of his duty to refer bills to committees.
---------------------------------------------------------------------------
2. 95 Cong. Rec. 7255, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Wright] Patman [of Texas]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The gentleman will state it.
Mr. Patman: Mr. Speaker, may I ask the status of the bill S.
1008, which, I understand, was messaged over from the Senate on
Friday last?
The Speaker: The Chair understands it is on the Speaker's
table.
Mr. Patman: Will it be referred to the Committee on the
Judiciary?
The Speaker: The Chair does not know about that.
Mr. Patman: What action will be necessary in order to get it
referred to the committee?
The Speaker: It is the duty and the privilege of the Chair to
refer bills to
[[Page 476]]
whatever committee he desires, after consultation with the
Parliamentarian, of course. The Chair will not recognize any motion
in that regard at this time.
Speaker Guided by Rules and Precedents
Sec. 4.4 It has been considered not within the province of the Speaker
to pass on the advisability of a more recent House rule which
appears to conflict with previous ones.
On July 16, 1935,(3) Speaker Joseph W. Byrns, of
Tennessee, responded to a point of order.
---------------------------------------------------------------------------
3. 79 Cong. Rec. 11264, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair is ready to rule.
Last Friday the gentleman from Texas [Mr. Blanton] kindly
indicated that it was his purpose to make the point of order he has
raised today when the House began consideration of the so-called
``omnibus private claims bill.'' The gentleman from Texas has
served in the House for many years with distinction and is familiar
with the rules of the House, and the Chair has given considerable
thought to the point of order since the gentleman indicated on last
Friday that it was his purpose again to raise it on this occasion.
The gentleman from Texas, in his argument today, has contended
that this rule conflicts with a number of rules to which he has
referred. Without passing upon the question of whether or not there
is a conflict, the Chair will state that if there is a conflict the
rule last adopted would control. The Chair assumes that if this
rule should be found to conflict with previous rules, that the
House intended, at least by implication, to repeal that portion of
the previous rule with which it is in conflict.
The Chair may state that in passing upon this point of order it
is not the province of the Chair, nor has the Chair any such
intention, to pass upon the question of whether or not this rule is
advisable or whether a better one could have been adopted.
Sec. 4.5 Although it is within the authority of the Speaker to rule on
a point of order in such a way as to overturn previous precedents
of the House, the Speaker in most instances follows the precedents
of the House when they are very clearly applicable to a given
situation.
On June 24, 1958,(4) a point of order was raised against
the following remarks of a Member:
---------------------------------------------------------------------------
4. 104 Cong. Rec. 12121, 12122, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Thomas B.] Curtis of Missouri: . . . If this committee
[the Subcommittee of the Interstate and Foreign Commerce Committee
on Legislative Oversight] does not intend to do its job, but rather
intends to continue this campaign on these collateral issues which
I have alleged, in my judgment, amount to defamation, I think it
should be called sharply to
[[Page 477]]
task first by the full Committee on Interstate and Foreign
Commerce, and if the full committee fails in this responsibility
then the House should take action. . . . Not only is this
subcommittee, in my judgment, not doing the job that needs to be
done, it has brought the institution again, in my judgment, into
disrepute by disregarding the rules of the House and permitting a
committee of the House to be used as a forum in this fashion.
Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I must object
again and ask that those words be deleted.
Mr. Curtis of Missouri: I would like to ask the gentleman
before he does, just what language is he objecting to?
Mr. Harris: To the charge that this committee is violating the
rules of the House.
Mr. Curtis of Missouri: Well, I certainly do charge that and I
think it is proper to charge such a thing if I have presented the
evidence. How else are we going to present the case to the House?
The Speaker [Sam Rayburn, of Texas]: There is a long line of
decisions holding that attention cannot be called on the floor of
the House to proceedings in committees without action by the
committee. The Chair has just been reading a decision by Mr.
Speaker Gillett and the decision is very positive on that point.
Mr. Curtis of Missouri: Mr. Speaker, in addressing myself to
that, may I say I am unaware of such a rule and I would argue, if I
may, in all propriety, that that rule, if it does exist, should be
changed because how else will the House ever go into the
functioning and actions of its committees?
The Speaker: That is not a question for the Chair to determine.
That is a question for the House to change the rule.
Mr. Curtis of Missouri: Mr. Speaker, is it a rule or is it a
ruling? If it is a ruling of the Chair, then it is appropriate for
the Chair to consider it.
The Speaker: The precedents of the House are what the Chair
goes by in most instances. There are many precedents and this Chair
finds that the precedents of the House usually make mighty good
sense.
Mr. Curtis of Missouri: But the Chair can change a precedent.
That is why I am trying to present this matter.
The Speaker: If the Chair did not believe in the precedents of
the House, then the Chair might be ready to do that, but this Chair
is not disposed to overturn the precedents of the House which the
Chair thinks are very clear.
Interpreting Senate Rules
Sec. 4.6 The Chairman of the Committee of the Whole may decline to
interpret the rules or procedures of the Senate.
On June 6, 1961,(5) a Member raised the following
question:
---------------------------------------------------------------------------
5. 107 Cong. Rec. 9627, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [William H.] Avery [of Kansas]: Mr. Chairman, the language
of the amendment now pending at the desk is the identical language
that came into conference from the other body following action of
the House, and my amendment in 1959 became incor
[[Page 478]]
porated, I believe, in the conference report. Does that in any way
change the legislative history of the amendment?
The Chairman [Paul J. Kilday, of Texas]: The Chair may advise the
gentleman that nothing is pending before the Chair, but by way of
observation, the language the gentleman speaks of was apparently added
by the other body. The present occupant of the Chair would not attempt
to state or to interpret the rules or procedure of the other body.
Passing on Resolutions and Special Orders
Sec. 4.7 The Speaker may decline to answer hypothetical questions
regarding special orders.(6~)
---------------------------------------------------------------------------
6. Special orders generally, see Ch. 21, infra.
---------------------------------------------------------------------------
Sec. 4.8 The Chair does not pass on the effect of a pending resolution
amending the House rules.
On Apr. 25, 1967,(7) a parliamentary inquiry concerning
the effect of a resolution [H. Res. 42] amending the rules of the House
was addressed to Speaker pro tempore Carl Albert, of Oklahoma:
---------------------------------------------------------------------------
7. 113 Cong. Rec. 10710, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Durward G.] Hall [of Missouri]: . . . [W]ill the
distinguished gentleman yield at this time for a parliamentary
inquiry of the Chair, inasmuch as it is important that we try to
envisage, in passing this legislation today, what effect it will
have on the future rules of procedure in the House, and their
application.
Mr. [William M.] Colmer [of Mississippi]: I yield to the
gentleman from Missouri.
The Speaker Pro Tempore: The Chair must advise the
distinguished gentleman from Missouri that this is a matter for
debate on a resolution pending and not a matter properly within the
jurisdiction of the Chair on a parliamentary inquiry. It is up to
the sponsor of the resolution to explain the terms of the
resolution.
Quorum Request Not Dilatory
Sec. 4.9 Since the Constitution defines a quorum of the House and
states that it shall be required for the conduct of business, a
point of order that a quorum is not present is in order in the
absence of a quorum, and the Chair does not hold such a point to be
dilatory.
On Oct. 8, 1968,(8) Speaker pro tempore Wilbur D. Mills,
of Arkansas, heard a parliamentary inquiry concerning an alleged
dilatory tactic.
---------------------------------------------------------------------------
8. 114 Cong. Rec. 30097, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The gentleman will state his
parliamentary inquiry.
[[Page 479]]
Mr. [James C.] Wright [Jr., of Texas]: I thank the Speaker for
permitting me this additional parliamentary inquiry. . . .
On occasion the Chair has held that certain motions and points
of order amounted to dilatory tactics, and that that was their
obvious motivation, and on those occasions the Chair has summarily
refused to recognize such obviously dilatory points of order and
motions.
Mr. Speaker, my point of parliamentary inquiry is: would the
Chair not feel that under the present situation, with repeated
points of order being made that a quorum is not present,
immediately followed by the absenting of themselves by certain
Members who have come in to answer the quorum, to be a rather
obvious dilatory tactic, and one which might obviously lend itself
to the assumption on the part of the Chair that a quorum having
been established and proven so frequently and repeatedly during the
day, would be presumed to be present for the completion of
business?
The Speaker: Pro Tempore: (Mr. Mills): The Chair is ready to
respond to the parliamentary inquiry posed by the gentleman from
Texas.
It is the understanding of the Chair that no occupant of the
Chair has ever in the history of the Congress held that a point of
order that a quorum is not present is a dilatory tactic. The
reasoning, obviously, is that the Constitution itself requires the
presence on the floor of the House of a quorum at all times in the
transaction of the business of the House of
Representatives.(9)
---------------------------------------------------------------------------
9. Parliamentarian's Note: The precedents of the House which indicate
that the Chair has held a point of no quorum to be dilatory
when it immediately follows a call of the House which discloses
the presence of a quorum are not applicable to the situation
where there is ``intervening business'' between the
establishment of the quorum and the making of the point of no
quorum. Generally, see Ch. 20, infra.
---------------------------------------------------------------------------
Permitting Exhibits
Sec. 4.10 It is for the House and not the Speaker to decide whether a
Member may be allowed to display an exhibit in debate.
On June 2, 1937,(10) a point of order was made
concerning the display of an exhibit during debate in the House.
---------------------------------------------------------------------------
10. 81 Cong. Rec. 6104, 6105, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Maury] Maverick [of Texas]: Mr. Speaker, I make the point
of order that the gentleman has no right to display a liquor bottle
in the House of Representatives.
Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, this is
Government rum, presented to me by Secretary Ickes.
The Speaker: [William B. Bankhead, of Alabama]: The gentleman
will suspend. The gentleman from Texas makes the point of order
that the gentleman from Pennsylvania has no right to exhibit the
bottle without permission of the House. The point of order is well
taken.
Mr. [Charles W.] Tobey [of New Hampshire]: Mr. Speaker, a
parliamentary inquiry.
[[Page 480]]
The Speaker: The gentleman will state it.
Mr. Tobey: The Speaker called the attention of the gentleman
from Texas to the fact that the gentleman had a bottle of liquor.
How does the Speaker know it is liquor, sir?
The Speaker: That is a question of which the House cannot take
judicial notice. The point of order is well taken.
The Chair will submit it to the House, if the gentleman insists
on displaying the exhibit.
Mr. Maverick: I insist on the point of order, Mr. Speaker.
The Speaker: As many as are in favor of granting the gentleman
from Pennsylvania the right to exhibit the bottle which he now
holds in his hand will say ``aye'' and those opposed will say
``no.''
The vote was taken and the Speaker announced that the ayes have
it, and the permission is granted.
Answering Parliamentary Inquiries
Sec. 4.11 The Speaker normally declines to answer parliamentary
inquiries that are improperly addressed to him.
On Apr. 11, 1935,(11) a parliamentary inquiry was
addressed to Speaker Joseph W. Byrns, of Tennessee:
---------------------------------------------------------------------------
11. 79 Cong. Rec. 5457, 5458, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Joseph P.] Monaghan [of Montana]: Mr. Speaker
The Speaker: For what purpose does the gentleman from Montana
rise?
Mr. Monaghan: For the purpose of submitting a parliamentary
inquiry.
The Speaker: The gentleman will state it.
Mr. Monaghan: Is not the statement that was made by the
gentleman from Oregon [Mr. Mott] correct, that if this rule passes,
then only one particular plan, the plan that we now have under
discussion, may be passed upon by the Congress,
The Speaker: The Chair is not in position to answer that
parliamentary inquiry. That is a matter which will come up
subsequently under the rules of the House. The Chair would not seek
to anticipate what the Chairman of the Committee of the Whole may
rule or what the Committee itself may do. The Chair feels very
certain that the Chairman of the Committee will he governed, as all
chairmen of committees are, by the rules and precedents of the
House. Certainly the Chair would not anticipate his ruling; and in
addition to this, the Chair cannot pass upon any particular
amendment until it has been presented in all its phases.
Sec. 4.12 The Chair has declined to answer a parliamentary inquiry in
the midst of a demand that certain words be taken down.
On Oct. 31, 1963,(12) a Member made some remarks which
became the subject of a request that they may be taken down.
---------------------------------------------------------------------------
12. 109 Cong. Rec. 20742, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: [John W. McCormack, of Massachusetts]: Under
previous
[[Page 481]]
order of the House, the gentleman from Texas [Mr. Foreman] is
recognized for 60 minutes.
Mr. [Edgar Franklin] Foreman: Mr. Speaker, Mr. Bernard Baruch
once said:
Every man has a right to his opinion but no man has a right
to be wrong in his facts.
My purpose today is to set the facts straight to clarify and
briefly discuss a seemingly very interesting and disturbing subject
for some colleagues at least of a recent news article by a
Washington news correspondent employed by the Scripps-Howard
newspapers. . . . I was surprised to see the story written by their
dedicated Washington correspondent, Mr. Seth Kantor, last week,
because I was quoted as calling 20 of my colleagues in this body
``pinkos.'' Apparently in his zeal to write a colorful and
controversial front page story, at the time when congressional news
was very meager, this enterprising correspondent decided to do some
name calling for me.
``Pinkos'' seems to be a very popular and controversial name,
so he wrote a story, ``Foreman Labels 20 Colleagues Pinkos.'' The
fact of the matter is, to set the record straight, I have only
referred to one Member of this body as a ``pinko.'' On Friday,
October 18, 1963----
Mr [John J.] Rooney [of New York]: Mr. Speaker, I demand the
gentleman's words be taken down.
The Speaker: The gentleman will suspend. The demand has been
made that the gentleman's words be taken down.
Mr. [Bruce R.] Alger [of Texas]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The Chair cannot entertain that at this time.
Sec. 4.13 The Speaker does not entertain hypothetical questions.
On Sept. 14, 1944,(13) a parliamentary inquiry was
addressed to Speaker pro tempore Orville Zimmerman, of Missouri:
---------------------------------------------------------------------------
13. 90 Cong. Rec. 7772, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Clark E.] Hoffman [of Michigan]: Mr. Speaker, a
parliamentary inquiry.
The Speaker Pro Tempore:: The gentleman will state it.
Mr. Hoffman: I gathered from statements which were made on the
floor today that a statement going back as far as 1920 and
containing information as to the amounts of money requested by the
military establishments of the Government, as to the amounts that
had been recommended by the executive department, and as to the
amounts finally appropriated by Congress, had been sent to the
Committee on Appropriations, but for some 2 years it had been in
the safe over there, inaccessible to Members of the House. By what
authority or what rule of Congress or what rule governing
committees was that suppressed?
The Speaker Pro Tempore (Mr. Zimmerman): The present occupant
of the chair has no knowledge of any such facts, and therefore is
not in a position to answer the gentleman's inquiry.
Mr. Hoffman: Does the Chair mean he does not have any knowledge
that that is true?
[[Page 482]]
The Speaker Pro Tempore: The Chair has no knowledge of that,
except that somebody has said it is true, according to the
gentleman's statement.
Mr. Hoffman: Submitting that then as a hypothetical question.
The Speaker Pro Tempore: The Chair does not entertain a
hypothetical question. . . .
Sec. 4.14 The Speaker normally avoids answering parliamentary inquiries
based upon hypothetical facts or future events which are not
certain of happening.
On Mar. 1, 1967,(14) a parliamentary inquiry was
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
14. 113 Cong. Rec. 4997, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Speaker, in
view of the fact that I am limited to one inquiry, that one inquiry
will of necessity be rather long.
Am I correct in assuming that under the rules in debating House
Resolution 278 that now, since the time has been extended an
additional hour by unanimous consent over and beyond what the rules
of the House provide for, that the gentleman from New York [Mr.
Celler] will control the time for the 2 hours less that yielded to
the gentleman from West Virginia and that this time will be used
for no purpose except debate of House Resolution 278; that he will
have the option of determining whether or not amendments or
substitutes can be offered; that at the conclusion of this two
hours of debate on House Resolution 278 he will move the previous
question, which, if voted down, will make amendments or substitutes
to House Resolution 278 in order; at that time will the Speaker
give preference, if the previous question is voted down, to the
minority who oppose the resolution to control the ensuing hour, or
will the Chair give preference to committee members who oppose the
resolution regardless of which side of the aisle they sit on to
offer amendments or substitutes to House Resolution 278; and if
amendments or substitutes are offered then will there occur another
vote on the previous question, if the preceding previous question
is voted down, and what will be the order of priority in
recognizing some Member of the House on either side of the aisle,
either alternatively Democratic and Republican or alternatively
Republican and Democratic in determining who will control each
ensuing hour; and will we have the opportunity to vote on all
previous questions no matter how many amendments are offered as
long as preceding previous questions are voted down?
The Speaker: In answering the several questions involved in the
statement made or in the parliamentary inquiry made by the
gentleman from Louisiana, the Chair will state that the Chair will
follow the rules of the House of Representatives as it is the duty
of the Chair to do, and the precedents. The question of the
allocation of time is a matter for the chairman of the committee,
one-half of the time being yielded to the gentleman from West
Virginia [Mr. Moore]. Both the chairman and the ranking minority
member
[[Page 483]]
of the select committee control the allocation of time. The
question of recognition is one that the Chair will pass upon if
that time should arise.
On the other questions of the gentleman from Louisiana the
Chair will determine them as they arise in accordance with the
rules of the House and the precedents.
Sec. 4.15 Although it is generally within the discretion of the Speaker
to construe the applicability of a House rule to a given situation,
where a rule explicitly calls for a decision by a House committee
the Speaker does not normally answer a general parliamentary
inquiry regarding a committee's actions or future actions
respecting such a decision.
On Apr. 5, 1967,(15) a parliamentary inquiry was
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
15. 113 Cong. Rec. 8420, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Sidney R.] Yates [of Illinois]. Mr. Speaker, a
parliamentary inquiry:
The Speaker: The gentleman will state it.
Mr. Yates: Mr. Speaker, rule XI, 26(m) of the Rules of the
House of Representatives states as follows:
If the committee determines that evidence or testimony at
an investigative hearing may tend to defame, degrade, or
incriminate any person, it shall--
(1) receive such evidence or testimony in executive
session;
Mr. Speaker, my question is this: If the committee determines
that the evidence it is about to receive may tend to defame,
degrade or incriminate a witness, is it not compulsory under the
Rules of the House for the committee to hold such hearings in
executive session?
The Speaker: The Chair will state that that is a matter which
would be in the control of the committee for committee action.
Mr. Yates: Mr. Speaker, a further parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Yates: I must say that I do not understand the ruling. Is
the Chair ruling that a committee can waive this rule? That it can
refuse to recognize this rule?
The Speaker: The Chair would not want to pass upon a general
parliamentary inquiry, as distinguished from a particular one with
facts, but the Chair is of the opinion that if the committee voted
to make public the testimony taken in executive session, it is not
in violation of the rule, and certainly that would be a committee
matter.
Sec. 4.16 Although it is considered within the discretion of the Chair
to respond to a parliamentary inquiry concerning an amendment, it
is not considered proper for him to do so before the amendment is
offered.
[[Page 484]]
On June 28, 1967,(16~) a parliamentary inquiry was
addressed to the Chairman of the Committee of the Whole, John J. Flynt,
Jr., of Georgia:
---------------------------------------------------------------------------
16. 113 Cong. Rec. 17754, 17755 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Joseph E.] Karth [of Minnesota]: Mr. Chairman, if that
figure cannot be further amended, and the gentleman chooses to
pursue his amendment, and change the figure on page 2, would it
then be a proper amendment?
The Chairman: The Chair does not pass on that until an
amendment described by the gentleman from Minnesota is offered.
The gentleman's parliamentary inquiry is premature. It cannot
be made until such an amendment is offered.
Sec. 4.17 Whether a proposition will be subject to a roll call vote at
a future time is a matter for the House, and not the Speaker, to
decide.
On June 29, 1961,(17) a Member introduced a resolution
which became the subject of two parliamentary inquiries when he
withdrew it.
---------------------------------------------------------------------------
17. 107 Cong. Rec. 11799, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Samuel W.] Friedel [of Maryland]: Mr. Speaker, I withdraw
the resolution.
Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: [Sam Rayburn, of Texas]: The gentleman will state
it.
Mr. Gross: Is is not necessary to ask unanimous consent to
withdraw the resolution?
The Speaker: It is, but the Chair did not think anyone would
object to that unanimous consent request.
Mr. Gross: Mr. Speaker, a further parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Gross: Will this resolution be subject to a rollcall vote
when it is called up again?
The Speaker: That would be up to the House to decide.
When Rulings Would Be Improper
Sec. 4.18 The Chair does not rule on the constitutionality of measures.
On Oct. 7, 1966,(18) the Chairman of the Committee of
the Whole ruled on a point of order as follows:
---------------------------------------------------------------------------
18. 112 Cong. Rec. 25677, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
The Chairman (Mr. [Charles Melvin] Price [of Illinois]): The
Chair is ready to rule.
The gentleman from Virginia [Mr. Smith] raises a point of order
against the amendment as to the constitutionality and the
germaneness of the amendment. The Chair holds that the amendment is
germane because it provides a different condition in the matter of
agreement to the compact.
As to the question of constitutionality, the Chair holds that
the
[[Page 485]]
Chair does not pass upon a constitutional question and this is in
keeping with the ruling made by the gentleman from Virginia [Mr.
Smith] on March 11, 1958.
Therefore, the point of order is overruled.
Sec. 4.19 The Chair does not pass on the effect of an amendment. . . .
On June 23, 1960,(19) Mr. Herman C. Anderson, of
Minnesota, sought a determination from the Chair as to whether an
amendment, if adopted, would ``undo'' the work of the previous day.
Chairman Frank N. Ikard, of Texas, in the exchange below, declined to
rule on the effect of the amendment:
---------------------------------------------------------------------------
19. 106 Cong. Rec. 14062, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. Anderson of Minnesota: Mr. Chairman, a point of order.
The Chairman: The gentleman will state it.
Mr. Anderson of Minnesota: Is the gentleman's amendment in
order at this point after the substitute for the Quie amendment has
been adopted?
The Chairman: It is.
Mr. Annderson of Minnesota: And its effect would be to undo
everything that we did yesterday?
The Chairman: The Chair does not pass on the effect of
amendments. . . .
Sec. 4.20 Although the Chair may rule on the germaneness of an
amendment to a bill, he does not rule on the merits of the
amendment or bill.
On May 19, 1948,(1) a point of order was raised against
an amendment being considered by the Committee of the Whole:
---------------------------------------------------------------------------
1. 94 Cong. Rec. 6140, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Karl E.] Mundt [of South Dakota]: Mr. Chairman, I make the
point of order against the amendment that it is not germane to the
pending bill. . . .
The Chairman [James W. Wadsworth, Jr., of New York]: . . . The
Chair is ready to rule.
The Chair would remind the gentleman . . . that [the Chair's]
function is not to pass upon the merits of an amendment nor to pass
upon the merits of the bill which the gentleman says has already
passed the House. The Chair may personally find himself in complete
agreement with the objective sought by the legislation. . . . but
the legislation to which he refers, as the Chair understands, has
to do with the immigration and naturalization laws of the United
States. This bill pending before the Committee of the Whole does
not approach that subject. . . . It comes from the Committee on
UnAmerican Activities. That committee has no jurisdiction over
legislation having to do with immigration and naturalization laws.
Therefore, the Chair holds that the amendment is not germane.
Sec. 4.21 The Speaker does not rule on the purpose of a
[[Page 486]]
recommended committee amendment to a bill.
On Apr. 1, 1935,(2) a point of order was raised against
an amendment being considered by the House:
---------------------------------------------------------------------------
2. 79 CONG. REC. 4781, 4782 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Malcolm C.] Tarver [of Georgia] (interrupting the reading
of the committee amendment): Mr. Speaker, I desire to make a point
of order against the first committee amendment, which is to strike
out all of section 1 after the enacting clause and insert certain
language. The language which is proposed be inserted is identical
with the language of section 1 now in the bill. The proposal of the
committee amendment is simply to strike out existing language and
then reinsert identical language.
The Speaker: [Joseph W. Byrns, of Tennessee]: The Chair cannot
pass on that. The Chair will say to the gentleman from Georgia that
is a matter for the House to determine. The Chair cannot enter into
the purpose of the committee in proposing the amendment, since that
is not within the province of the Chair. The Chair will suggest to
the gentleman from Georgia that the remedy that occurs to the Chair
is for the House to vote down the committee amendment and pass the
bill as originally introduced.
Sec. 4.22 The Chair does not rule on the sufficiency, insufficiency,
legal effect, or binding nature of a committee report.
On Apr. 14, 1955,(3) a question regarding a committee
report was raised during debate in the Committee of the Whole:
---------------------------------------------------------------------------
3. 101 Cong. Rec. 4463, 4464, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Robert C.] Wilson of California: I have a question
relative to the United States Information Agency as it affects the
report of the committee. . . .
I am wondering if the fact that these limitations appear in the
report make them actual limitations in law. [ notice they are not
mentioned in the bill itself, and I wonder if the committee regards
them as binding on the agency, because there are many serious
limitations, particularly in regard to exhibits, for example. I
would just like to hear the opinion of the chairman.
Mr. [John J.] Rodney [of New York]: I may say to the gentleman
from California that it is expected that they will be the law; and
that they are binding. The fact that they have not been inserted in
the bill is not important. They represent the considered judgment
of the committee and we expect the language of the report to be
followed.
Mr. Wilson of California: Mr. Chairman, a parliamentary
inquiry.
The Chairman [Jere Cooper, of Tennessee]: The gentleman will
state it.
Mr. Wilson of California: Are limitations written in a
committee report such as this, but not written into the wording of
the legislation, binding?
The Chairman: That is not a parliamentary inquiry. That is a
matter to be settled by the members of the Committee of the Whole.
[[Page 487]]
Mr. Wilson of California: I merely wanted it for my own
understanding and information, for I am fairly new here. It seems
to me rather unusual to consider matter written into a report of
the same binding effect on an administrator as though written into
the law itself.
The Chairman: It is not the prerogative of the Chair to pass
upon the sufficiency or insufficiency of a committee report.
Sec. 4.23 The Speaker does not rule on the substantive effect of
extraneous material in a committee report on a bill.
On Dec. 3, 1963,(4) a parliamentary inquiry was
addressed to Speaker John W. McCormack, of Massachusetts, during the
colloquy set out below after his ruling on a committee report:
---------------------------------------------------------------------------
4. 109 Cong. Rec. 23038, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair is prepared to rule. . . .
It is the opinion of the Chair that the report of the committee
complies with the Ramseyer rule, the purpose of which is to give
Members information in relation to any change in existing law.
If a report includes some other references to other laws which
in a sense would be surplusage or unnecessary, it is the Chair's
opinion that the committee was attempting to give to the Members of
the House as full information as was possible. . . .
Mr. [Paul] Findley [of Illinois]: Mr. Speaker----
The Speaker: For what purpose does the gentleman from Illinois
rise?
Mr. Findley: To propound a parliamentary inquiry, Mr. Speaker.
The Speaker: The gentleman will state the parliamentary
inquiry.
Mr. Findley: I am not clear about the substantive effect of the
ruling of the Chair at this time. Does it mean that section 105 of
the 1949 act and section 330 of the 1938 act are repealed by this
bill?
The Speaker: The Chair did not pass on that. The Chair simply
said that they were included in the report.
Sec. 4.24 The Chair does not rule on whether language contained in a
measure is ambiguous.
On July 5, 1956,(5) certain points of order were raised
concerning a pending amendment:
---------------------------------------------------------------------------
5. 102 Cong. Rec. 11875, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Ross] Bass of Tennessee: I make the point of order that
the amendment is not germane to the bill.
The Chairman [Francis E. Walter, of Pennsylvania]: It is
certainly germane to the amendment offered by the gentleman from
New York to substitute the word ``decisions'' for the word
``provisions.'' The Chair so rules.
Mr. Bass of Tennessee: Mr. Chairman, a further point of order.
The Chairman: The gentleman will state it.
Mr. Bass of Tennessee: I make the point of order that the word
``provisions'' is ambiguous and has no mean
[[Page 488]]
ing whatever and would make the amendment not germane.
The Chairman: The Chair does not rule on the question of
ambiguity. It is a question of germaneness solely, and the Chair
has ruled that the amendment is germane.
Sec. 4.25 The Speaker does not rule in advance as to whether a
particular motion to recommit a measure with instructions might be
in order.
On Dec. 19, 1963,(6) a parliamentary inquiry was
addressed to Speaker John W. McCormack, of Massachusetts, relative to a
motion to recommit with instructions a conference report.
---------------------------------------------------------------------------
6. 109 Cong. Rec. 25249, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Halleck: Mr. Speaker, in the event that the conference
report is acted on first in the House, as we now understand it will
be, would a motion to recommit with instructions be in order?
The Speaker: A proper motion would be.
Mr. Halleck: Of course, it would have to be germane. If so, a
motion to recommit to insist on the wheat amendment, I take it,
would be in order.
The Speaker: The Chair, of course, would pass upon any question
at the appropriate time.
Mr. Halleck: I thank the Chair.
Sec. 4.26 The Chair does not rule in advance whether an announced topic
of speech is in order.
On Sept. 26 (legislative day, Sept. 25), 1961,(7) a
Member requested unanimous consent to address the House on a particular
topic:
---------------------------------------------------------------------------
7. 107 Cong. Rec. 21466, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Clark E.] Hoffman of Michigan: Mr. Speaker, I ask
unanimous consent that at the conclusion of the regularly scheduled
business of the House and all other special orders for today that I
may be permitted to proceed for 5 minutes on the topic: ``Is the
Congress Mentally Ill?''
Mr. [Frank T.] Bow [of Ohio]: Mr. Speaker, a parliamentary
inquiry.
The Speaker Pro Tempore: [John W. McCormack, of Massachusetts]:
The gentleman will state it.
Mr. Bow: Is that a proper subject for debate on the floor of
the House?
Mr. Hoffman of Michigan: Mr. Speaker, I submit neither the
Chair nor the gentleman from Ohio [Mr. Bow], can tell until they
hear it.
The Speaker Pro Tempore: The gentleman from Michigan [Mr.
Hoffman] asked unanimous consent that after all other special
orders he be permitted to address the House for 5 minutes. That is
the gentleman's unanimous consent request?
Mr. Hoffman of Michigan: Yes, Mr. Speaker.
[[Page 489]]
The Speaker Pro Tempore: What the gentleman from Michigan [Mr.
Hoffman] talks about is a matter for him to determine, and then a
matter for the Members.
Is there objection to the request of the gentleman from
Michigan?
There was no objection.
Sec. 4.27 The Chair does not construe the consequences of a ``no'' vote
by the House on a proposed motion.
On Sept. 7, 1965,(8) various parliamentary inquiries
concerning certain motions were addressed to Speaker pro tempore Carl
Albert, of Oklahoma, as follows:
---------------------------------------------------------------------------
8. 111 Cong. Rec. 22958, 22959, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a
parliamentary inquiry.
The Speaker Pro Tempore: The gentleman will state it.
Mr. Hall: Is a highly privileged motion according to the
Constitution subject to a motion to table?
The Speaker Pro Tempore: It is.
Mr. [L. Mendel] Rivers of South Carolina: Mr. Speaker, a
parliamentary inquiry.
The Speaker Pro Tempore: The gentleman will state it.
Mr. Rivers of South Carolina: Those desiring to table the
motion of the gentleman from Missouri will vote ``aye'' when their
names are called.
The Speaker Pro Tempore: The Chair is about to state the
question. So many as are in favor of the motion by the gentleman
from South Carolina to table the motion of the gentleman from
Missouri will when their names are called vote ``aye'' and those
who are opposed will vote ``no.''
Mr. Hall: Mr. Speaker, a further parliamentary inquiry.
The Speaker Pro Tempore: The gentleman will state it.
Mr. Hall: Mr. Speaker, would a ``no'' vote as just stated by
the Chair be tantamount to overriding the Presidential veto of the
military construction bill?
The Speaker Pro Tempore: The Chair cannot make such
construction on a motion.
Sec. 4.28 The Chair does not construe the result of a vote.
On Sept. 13, 1961,(9~) questions regarding a future vote
were addressed to Speaker pro tempore John W. McCormack, of
Massachusetts.
---------------------------------------------------------------------------
9. 107 Cong. Rec. 19206, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [William C.] Cramer [of Florida]: Is it true, Mr. Speaker,
that if this motion is voted upon favorably, there will be no
opportunity on the part of the House whatsoever to consider the
vote fraud amendment approved in a bill----
Mr. [John J.] Rooney [of New York]: Mr. Speaker, I submit that
is not a parliamentary inquiry.
Mr. Cramer: Which is now pending before the Committee on Rules?
The Speaker Pro Tempore: The Chair has stated before that he
has his own personal opinion. The Chair cannot construe the result
of the vote.
[[Page 490]]
Challenge of Conference Report
Sec. 4.29 The Speaker may not impeach the names of conferees who have
signed a conference report on a bill when the report has been
challenged as being invalid for an alleged failure of the conferees
to meet.
On June 19, 1948,(10) a point of order was raised
regarding a conference report.
---------------------------------------------------------------------------
10. 94 Cong. Rec. 9268, 9269, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, I make a
point of order, and I ask the indulgence of the Speaker so that I
may argue the point.
The Speaker: [Joseph W. Martin, Jr., of Massachusetts]: The
Chair will hear the gentleman.
Mr. Marcantonio: Mr. Speaker, I make the point of order that
the document which has just been presented is not the report of any
conference. It is not the product of a full and free conference as
required in Jefferson's Manual. I make my point of order based on
the proposition that there has never been a valid conference--
specifically, that there has never been a valid meeting on the part
of the managers on the part of the House. . . .
The Speaker: The Chair is ready to rule.
On page 770, volume 5, of Hinds' Precedents, section 6497
states:
A conference report is received if signed by a majority of
the managers of each House.
The Chair has examined the report and the papers and finds that
it is signed by five of the managers on the part of the Senate and
six of the seven managers on the part of the House.
The Chair has no knowledge, of course, how this report was
reached, but the Chair cannot impeach the names of the managers on
the part of the two Houses. Furthermore, the Senate having already
received the report, and according to a message heretofore received
by the House has officially adopted it, the Chair feels that under
the circumstances the report is properly before the House for such
action as the House may see fit to take. The Chair overrules the
point of order.
When Recognition Required
Sec. 4.30 The Speaker is constrained to recognize on Calendar
Wednesdays any Member properly proposing a motion to dispense with
Calendar Wednesday business.
On June 5, 1946,(~11) a motion was made to dispense with
Calendar Wednesday business.
---------------------------------------------------------------------------
11. 92 Cong. Rec. 6357, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, that motion
is not in order. To dispense with Calendar Wednesday requires the
unanimous consent of the House. . . .
The Speaker: [Sam Rayburn, of Texas]: The Chair will state that
the following was held by Speaker Gillette, who has been quoted
today, as follows:
[[Page 491]]
The Speaker is constrained to recognize on Wednesdays any
Member proposing a motion to dispense with further proceedings
in order on that day.
The motion is in order, but it takes a two-thirds vote to pass
it.
Sec. 4.31 Although the Speaker has the discretion to choose between
Members seeking recognition,(12) he is obliged to
recognize for a privileged motion when the proponent has the floor
and no other motion of higher privilege is pending or
offered.(13)
---------------------------------------------------------------------------
12. Recognizing for debate, see Ch. 29, infra.
13. Motions generally, see Ch. 23, infra.
---------------------------------------------------------------------------
Sec. 4.32 Although the Speaker has discretion to recognize, or not, a
Member under most circumstances, he may not refuse to recognize a
Member having the floor for a motion to adjourn.
On Mar. 16, 1945,(14) a motion to recommit a bill was
made. Votes were taken and a quorum found not to be present. This led
to a call for adjournment.
---------------------------------------------------------------------------
14. 91 Cong. Rec. 2379, 2380, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: [Sam Rayburn, of Texas]: The gentleman will state
it.
Mr. Hoffman: What is the regular order now?
The Speaker: The regular order is to see if a quorum develops.
Mr. Hoffman: Is it in order to adjourn?
The Speaker: That motion is always in order in the House.
Mr. Hoffman: If there is not a quorum, Mr. Speaker, I move we
adjourn.
The Speaker: Will the gentleman withhold that for a moment?
The Hoffman: If the Chair is refusing recognition, I will.
The Speaker: The Chair cannot do that.
The House then agreed to a motion, offered by Mr. John W.
McCormack, of Massachusetts, to adjourn.
Sec. 4.33. Inasmuch as Members of the Senate may not address the House
unless the House rules are changed by proper procedure, the Speaker
has declined to recognize a Member for the purpose of asking
unanimous consent for the consideration of a resolution to allow
Senators to address the House.
On Oct. 11, 1943,(15) Members discussed the desirability
of inviting certain Senators to address the House.
---------------------------------------------------------------------------
15. 89 Cong. Rec. 8197, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Mrs. [Edith Nourse] Rogers of Massachusetts: Mr. Speaker, on
Thurs
[[Page 492]]
day last I, with several others, called attention to the importance
of having the five Senators who have just returned from the far-
flung battle fronts give the Members of the House their findings
regarding conditions on the battle fronts. I understand there is
some objection to having them appear in the House Chamber. I hope
the gentleman from Mississippi and some of the other Members will
join in asking them to appear in the Caucus Room. Then we can all
have the benefit of their valuable information. It does not matter
where we hear their testimony so long as we hear it.
Mr. [John E.] Rankin [of Mississippi]: If the gentlewoman will
yield, let me say that these are Members of the United States
Senate. They have the privilege of the floor. We have a perfect
right to invite them here to address the Members of the House in
secret session. We want them to come here and give us the benefit
of the information they have garnered in their trip to the various
battle fronts of the world.
Mrs. Rogers of Massachusetts: Has the gentleman consulted the
Speaker and leaders about it?
Mr. Rankin: I have, and I think that when the resolution is
offered they will agree that this is the place to have them.
The Speaker: [Sam Rayburn, of Texas]: The Chair thinks it is
time for the Chair to make a statement, because this matter was
discussed with the Chair by the gentlewoman from Massachusetts
[Mrs. Rogers], last week, and the gentleman from Mississippi [Mr.
Rankin], over the phone.
The Chair does not intend to recognize a Member to ask
unanimous consent for the present consideration of a resolution
inviting Senators to address the House in open or executive
session, because the Chair thinks that is tantamount to an
amendment to the rules of the House and, therefore, is a matter for
the House to determine. If resolutions like that are introduced,
they will be sent to the proper committee.
Authority to Declare Recess
Sec. 4.34 The Speaker, under normal circumstances, must be authorized
by the House to declare recesses.(16)
---------------------------------------------------------------------------
16. Compare Sec. 3.44, supra, as to the Speaker's inherent power to
declare a recess in an emergency.
---------------------------------------------------------------------------
On Oct. 3, 1964,(17) for example, unanimous consent was
requested and received to authorize Speaker John W. McCormack, of
Massachusetts, to declare recesses, subject to the call of the Chair,
during the remainder of the day.
---------------------------------------------------------------------------
17. 110 Cong. Rec. 23955, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Sec. 4.35 Authority conferred upon the Speaker to declare recesses of
the House may be vacated by unanimous consent.
On Sept. 8, 1969,(l8) unanimous consent was requested to
vacate previous authorization for Speaker John W. McCormack, of Massa
[[Page 493]]
chusetts, to declare recess on a certain day.
---------------------------------------------------------------------------
18. 115 Cong. Rec. 24653, 91st Cong 1st Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that the authority for the Speaker to declare a recess on
September 10 be vacated.
The Speaker: Is there objection to the request of the gentleman
from Oklahoma?
There was no objection.
Mr. Albert: Mr. Speaker, I also ask unanimous consent that it
may be in order for the Speaker to declare a recess at any time on
September 16 for the purpose of receiving in joint meeting the
Apollo 11 astronauts.
The Speaker: Is there objection to the request of the gentleman
from Oklahoma?
There was no objection.(19)
---------------------------------------------------------------------------
19. Parliamentarian's Note: The authorization to declare the recess was
vacated due to the death of Senator Everett Dirksen.
---------------------------------------------------------------------------
Authority to Sign Bills and Resolutions
Sec. 4.36 The Speaker must be formally authorized to sign a duplicate
copy of an enrolled bill.
On May 27, 1938,(20) a unanimous-consent request was
made as follows:
---------------------------------------------------------------------------
20. 83 Cong. Rec. 7637, 75th Cong. 3d Sess.
---------------------------------------------------------------------------
Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I ask unanimous
consent for the present consideration of Senate Concurrent
Resolution No. 37.
The Clerk read the concurrent resolution, as follows:
Senate Concurrent Resolution 37
Resolved by the Senate (the House of Representatives
concurring), That the Speaker of the House of Representatives
and the President of the Senate be, and they are hereby,
authorized to sign a duplicate copy of the enrolled bill (S.
3532) entitled ``An act to extend the times for commencing and
completing the construction of a bridge across the Missouri
River at or near Randolph, Mo.,'' and that the Secretary of the
Senate be, and he is hereby, directed to transmit the same to
the President of the United States.
The Speaker [William B. Bankhead, of Alabama]: Is there
objection to the request of the gentleman from Texas?
Mr. [Carl E.] Mapes [of Michigan]: Mr. Speaker, reserving the
right to object, will the gentleman from Texas explain the purpose
of this resolution?
Mr. Rayburn: Mr. Speaker, the situation is that before this
bill got to the President for his signature it was misplaced or
lost. This is a resolution to allow the President to sign a
duplicate.
The Speaker: Is there objection to the request of the gentleman
from Texas?
There was no objection.
Sec. 4.37 The Speaker must be formally authorized by the House to sign
enrolled bills and joint resolutions during a sine die adjournment
of the Congress.
[[Page 494]]
On Oct. 14, 1968,(11) a resolution was offered by Mr.
Carl Albert, of Oklahoma, as follows:
---------------------------------------------------------------------------
1. 114 Cong. Rec. 31313, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. Albert: Mr. Speaker, I call up Senate Concurrent Resolution
82 and ask for its present consideration.
The Clerk read the Senate concurrent resolution, as follows:
S. Con. Res. 82
Resolved by the Senate (the House of Representatives
concurring), That, notwithstanding the sine die adjournment of
the two Houses, the Speaker of the House of Representatives and
the President of the Senate, the President pro tempore, or the
Acting President pro tempore be, and they are hereby,
authorized to sign enrolled bills and joint resolutions duly
passed by the two Houses and found truly enrolled.
The Senate concurrent resolution was concurred in.
Sec. 4.38 The Speaker is normally authorized by unanimous consent to
sign enrolled bills and joint resolutions during any adjournment of
the House.
On Aug. 10, 1961,(2) a unanimous consent request was
made as follows:
---------------------------------------------------------------------------
2. 107 Cong. Rec. 15320, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I ask
unanimous consent that notwithstanding any adjournment of the House
during the present session of the 87th Congress, the Clerk be
authorized to receive messages from the Senate and that the Speaker
be authorized to sign any enrolled bills and joint resolutions duly
passed by the two Houses and found truly enrolled.
Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, reserving the
right to object, are we going to enter into some recesses or
adjournments of the House?
Mr. McCormack: For example, such as adjourning from Friday to
Monday.
Mr. Gross: That is all the gentleman has in mind?
Mr. McCormack: That is all. . . .
The Speaker: [Sam Rayburn, of Texas]: Is there objection to the
request of the gentleman from Massachusetts?
There was no objection.
Sec. 4.39 Although it is within the authority of the Speaker to sign
enrolled bills, by concurrent resolution the Congress may rescind
the Speaker's signature.
On July 1, 1947,(3) a resolution was introduced as
follows:
---------------------------------------------------------------------------
3. 93 Cong. Rec. 8012, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Everett M.] Dirksen [of Illinois]: Mr. Speaker, I ask
unanimous consent to take from the Speaker's table Senate
Concurrent Resolution 22. . . .
The Clerk read the concurrent resolution, as follows:
Resolved by the Senate (the House of Representatives
concurring), That
[[Page 495]]
the President of the United States be, and he is hereby,
requested to return to the House of Representatives the
enrolled bill (H.R. 493) to amend section 4 of the act entitled
``An act to control the possession, sale, transfer, and use of
pistols and other dangerous weapons in the District of
Columbia,'' approved July 8, 1932 (sec. 22, 3204 D.C. Code,
1940 ed.): that if and when the said bill is returned by the
President, the action of the Presiding Officer of the two
Houses in signing the said bill be deemed to be rescinded; and
that the House engrossed bill be returned to the Senate.
The Speaker [Joseph W. Martin, Jr., of Massachusetts]: Is there
objection to the request of the gentleman from Illinois?
There was no objection.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
Sec. 4.40 Although it is within the authority of the Speaker to sign
enrolled bills of the House, the House may agree to a Senate
resolution requesting that the Speaker's signature be rescinded.
On July 30, 1942,(4) Speaker pro tempore Alfred L.
Bulwinkle, of North Carolina, laid before the House a Senate
resolution:
---------------------------------------------------------------------------
4. 88 Cong. Rec. 6713, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That the Secretary be directed to request the
House of Representatives to rescind the action of the Speaker
in signing the enrolled bill (H.R. 7297) entitled ``An act
authorizing the assignment of personnel from departments or
agencies in the executive branch of the Government to certain
investigating committees of the Senate and House of
Representatives, and for other purposes,'' and that the House
of Representatives be further requested to return the above-
numbered engrossed bill to the Senate.
The Speaker Pro Tempore: Without objection, it is so ordered.
There was no objection.
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 5. Participation in Debate and Voting
The Speaker is entitled as a Member of the House to participate in
debate.(5) Accordingly, when the Speaker desires to be heard
in debate on a matter he may speak from the floor, whether debate is in
the House(6) or in the Committee of the Whole.(7)
Occasionally the Speaker will speak in debate from the
Chair.(8~)
---------------------------------------------------------------------------
5. House Rules and Manual Sec. 751 (1973).
6. See Sec. Sec. 5.1, 5.2, infra.
7. See Sec. 5.3, infra.
8. See Ch. 29, infra, for fuller treatment of the Speaker's
participation in debate.
---------------------------------------------------------------------------
Under the House rules(~9~) the Speaker may, but is not
required, to vote on matters except where (1) his vote would be
decisive, or
[[Page 496]]
(2) where the House is engaged in voting by ballot.(10)
Measures decided by a tie vote are lost.(11)
---------------------------------------------------------------------------
9. Rule I clause 6, House Rules and Manual Sec. 632 (1973).
10. Parliamentarian's Note: Voting by ballot in the House is rarely
used and is not to be confused with voting by electronic
device. See Rules I clause 5, Sec. 630 (electronic device), and
XXXVIII Sec. 934 (ballot), House Rules and Manual (1973).
11. Sec Ch. 30, infra, for fuller treatment of the Speaker's
participation in voting.
---------------------------------------------------------------------------
The Speaker has voted, for example: in order to make a quorum of
the House;(12~) on a yea and nay roll call
vote;(13) on a roll call vote to make a tie;(14~)
and on a division vote to break a tie.(15) The Speaker may
vote on a teller vote to make a tie(16) and in doing so he
need not pass through the tellers to have his vote
counted.(17)
---------------------------------------------------------------------------
12. See Sec. 5.4, infra.
13. See Sec. 5.5, infra.
14. See Sec. 5.6, infra.
15. See Sec. 5.7, infra.
16. See Sec. 5.8, infra.
17. Sec 5.9, infra. -------------------
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Participating in Debate
Sec. 5.1 Normally, if the Speaker wishes to participate in House
debate, he does so from the floor of the House.
On Mar. 31, 1958,(18) Speaker Sam Rayburn, of Texas,
participated in a debate on the floor of the House when a Member
yielded to him. The Speaker commended the work of a particular
subcommittee and congratulated the members thereof.
---------------------------------------------------------------------------
18. 104 Cong. Rec. 5854, 5855, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
On Aug. 27, 1959,(9) Speaker Rayburn participated in a
debate in the House on the House floor. He took the occasion to express
his views on the reconstruction of the east front of the Capitol.
---------------------------------------------------------------------------
19. 105 Cong. Rec. 17237, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 5.2 The Speaker may eulogize a deceased Member from the House
floor.
On Jan. 16, 1962,(20) Speaker John W. McCormack, of
Massachusetts, took the floor to eulogize a deceased Member, Louis
Rabaut, of Michigan.
---------------------------------------------------------------------------
20. 106 Cong. Rec. 285, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Sec. 5.3 If the Speaker desires to participate in debate in the
Committee of the Whole, he does so from the floor.
On Aug. 31, 1960,(1) Speaker Sam Rayburn, of Texas,
participated in debate in the Committee of the Whole from the floor.
The debate concerned a bill [H.R. 13021] to provide financial assist
[[Page 497]]
ance to certain South American countries for reconstruction and
development.
---------------------------------------------------------------------------
1. 106 Cong. Rec. 18734, 18735, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
Participation in Voting
Sec. 5.4 The Speaker may vote in order to make a quorum of the House.
On Nov. 24, 1942,(2) Speaker Sam Rayburn, of Texas, cast
his vote to provide a quorum for purposes of voting on a motion to
recommit.
---------------------------------------------------------------------------
2. 88 Cong. Rec. 9116, 9117, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The question is on agreeing to the motion to
recommit.
The question was taken and on a division, there were, ayes 15,
noes 70.
Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, I object
to the vote upon the ground that there is no quorum present.
The Speaker: Evidently there is no quorum present. The Clerk
will call the roll. The question is on agreeing to the motion to
recommit.
The question was taken; and there were--yeas 31, nays 184, not
voting,(3) 214. . . .
---------------------------------------------------------------------------
3. Parliamentarian's Note: Six vacancies existed in the House at the
time this vote was taken; and 215 Members were needed to make a
quorum.
---------------------------------------------------------------------------
The Speaker: The Clerk will call my name.
The Clerk called the name of Mr. Rayburn and he answered
``no.''
So the motion to recommit was rejected.
Sec. 5.5 The Speaker may vote on a yea and nay roll call vote.
On June 30, 1939,(4~) Speaker William B. Bankhead, of
Alabama, voted as shown below on a yea and nay roll call vote involving
a motion to recommit.
---------------------------------------------------------------------------
4. 84 Cong. Rec. 8512, 8513, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The question is on the motion to recommit.
The question was taken; and on a division (demanded by Mr.
Fish) there were--ayes 179, noes 185.
Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, I ask for
the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 194, nays 196,
answered ``present'' 1, not voting 40. . . .
The Speaker: The Clerk will call my name.
The Clerk called the name of Mr. Bankhead, and he answered
``nay.''
So the motion to recommit was rejected.
Sec. 5.6 The Speaker may vote on a roll call vote to make a tie.
On May 3, 1946,(5) Speaker Sam Rayburn, of Texas, on a
roll call voted to make a tie and thus reject the question being
considered.
---------------------------------------------------------------------------
5. 92 Cong. Rec. 4434, 4435, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Sec. 5.7 The Speaker may vote on a division vote to break a tie vote of
the House.
[[Page 498]]
On July 15, 1937,(6~) Speaker William B. Bankhead, of
Alabama, cast the deciding vote on a motion to recede and concur:
---------------------------------------------------------------------------
6. 81 Cong. Rec. 7197, 7198, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The question is on the motion of the gentleman
from Nevada that the House recede and concur [in a Senate
amendment].
Mr. [Abe] Murdock of Utah: Mr. Speaker, I demand a division of
that question
The Speaker: The gentleman is entitled to a division of the
question. The question is whether the House shall recede from its
disagreement to the Senate amendment. . . .
The question was taken; and on a division (demanded by Mr.
Rich) there were--ayes 58, noes 58.
The Speaker: The Chair votes ``aye.''
Sec. 5.8 The Chair may vote on a teller vote to make a tie.
On Aug. 1, 1966,(7) in the Committee of the Whole, an
amendment was offered and a vote taken on it, as follows:
---------------------------------------------------------------------------
7. 112 Cong. Rec. 17760, 17761, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Richard H.] Poff [of Virginia]: Mr. Chairman, I offer an
amendment.
The Chairman [Richard Bolling, of Missouri]: The question is on
the amendment offered by the gentleman from Virginia [Mr. Poff].
The question was taken; and on a division (demanded by Mr.
Celler) there were--ayes 51, noes 44.
Mr. [Emanuel] Celler [of New York]: Mr. Chairman, I demand
tellers.
Tellers were ordered, and the Chairman appointed as tellers Mr.
Poff and Mr. Celler.
The Committee again divided, and the tellers reported that
there were-- ayes 84, noes 83.
The Chairman [Mr. Bolling]: The Chair votes ``no.''
So the amendment was rejected.
Sec. 5.9 The Chair may count himself to make or break a tie on a teller
vote without passing through the tellers.
On Sept. 21, 1965,(8~) a teller vote was demanded and
taken on an amendment offered in the Committee of the Whole.
---------------------------------------------------------------------------
8. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
The Chairman [Daniel D. Rostenkowski, of Illinois]: The
question is on the amendment offered by the gentleman from
Pennsylvania [Mr. Clark].
The question was taken, and the Chairman announced that the
noes had it.
Mr. [William C.] Cramer [of Florida]: Mr. Chairman, I ask for
tellers.
Tellers were ordered, and the Chairman appointed as tellers Mr.
Clark and Mr. Blatnik.
The Committee divided.
The Chairman: On this vote by tellers, the ayes are 100, noes
99.
The Chair votes in the negative.
So the amendment was rejected.
[[Page 499]]
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 6. Power of Appointment; Legislative Authority
The Speaker derives his power of appointment from statutes, the
House rules, and House resolutions. This section lists examples from
each of these sources, and reviews various appointment practices under
the House precedents.
Examples of appointments made under statutory provisions are as
follows.
The Speaker appoints six members to the National Visitors
Facilities Advisory Commission;(9) three members to the
Advisory Commission on Intergovernmental Relations;(10) four
members to the Presidential Joint Commission on the
Coinage;(11) up to nine members to the North Atlantic Treaty
Parliamentary Conference;(12) 12 members to the 24-member
group to represent the United States at the Mexico-United States
Interparliamentary Group;(13) one member to the National
Historical Publications Commission;(14) three members to the
17-member Board of Regents of the Smithsonian
Institution;(15) six members to a 13-member board in the
Office of Technology Assessment;(16) five members to the 10-
man Joint Committee on Congressional Operations;(17) 10
members to the 20-member Joint Economic Committee;(18) two
of the nine members of the Commission on Executive, Legislative, and
Judicial Salaries;(19) and a committee to direct and control
the operation of the House Recording Studio.(1)
---------------------------------------------------------------------------
9. 40 USCA Sec. 822.
10. 42 USCA Sec. 4273.
11. 31 USCA Sec. 301.
12. 22 USCA Sec. 1928a.
13. 22 USCA Sec. 276h.
14. 44 USCA Sec. 2501.
15. 20 USCA Sec. Sec. 42 and 43.
16. 2 USCA Sec. 473.
17. 2 USCA Sec. 411.
18. 15 USCA Sec. 1024.
19. 2 USCA Sec. 352.
1. 2 USCA Sec. 123b.
---------------------------------------------------------------------------
The Speaker appoints a Legislative Counsel for the
House(2) and approves the appointment by the Legislative
Counsel of assistants and other employees.(3)
---------------------------------------------------------------------------
2. 2 USCA Sec. 282.
3. 2 USCA Sec. 282a.
---------------------------------------------------------------------------
The Speaker must also approve the appointment of librarians for the
library of the House of Representatives.(4)
---------------------------------------------------------------------------
4. 2 USCA Sec. 153.
---------------------------------------------------------------------------
The Speaker is a member of and appoints two Members to the House
Office Building Commission.(5~)
---------------------------------------------------------------------------
5. 40 USCA Sec. 175. See Ch. 4, supra, for treatment of the House
Office Buildings.
---------------------------------------------------------------------------
The Speaker may make temporary appointments to fill vacan
[[Page 500]]
cies in the offices of the Clerk, the Sergeant at Arms, the Doorkeeper,
the Postmaster, and the Chaplain.(6)
---------------------------------------------------------------------------
6. 2 USC Sec. 75a-1.
---------------------------------------------------------------------------
The Speaker has in the past appointed four of the 12-man Commission
on the Organization of the Government for the Conduct of Foreign
Policy;(7) two members to the nine-member National Fisheries
Center and Aquarium Advisory Board;(8) two members to a
fourman advisory board to the National Commission on Fire Prevention
and Control;(9) three members to the nine-member National
Commission on Consumer Finance;(10) five members to a 15-
member National Commission on Food Marketing;(11) and four
members to the 15-member Commission on the Review of the National
Policy Toward Gambling.(12)
---------------------------------------------------------------------------
7. 22 USCA Sec. 2821. See Ch. 13, infra, for treatment of the powers
and prerogatives of the House vis-a-vis foreign relations
generally.
8. 16 USCA Sec. 1055.
9. 15 USCA Sec. 278f note.
10. 15 USCA Sec. 1601 note.
11. Pub. L. No. 89-20, May 15, 1965, 79 Stat. 111.
12. 18 USCA Sec. 1955 note.
---------------------------------------------------------------------------
Under House rules, the Speaker may appoint Speakers pro
tempore,(13) the Chairman of the Committee of the
Whole,(14) members to select and conference
committees,(15) tellers for vote counting,(16)
and the official reporters of the House.(17)
---------------------------------------------------------------------------
13. Rule I clause 7, House Rules and Manual Sec. 633 (1973). See
Sec. Sec. 9 et seq., infra, for treatment of the Speaker pro
tempore, including the Speaker's power to appoint one.
14. Rule XXIII clause 1, House Rules and Manual Sec. 861 (1973). See
Ch. 19, infra, for treatment of the Speaker's relationship to
the Committee of the Whole.
15. Rule X clause 2, House Rules and Manual Sec. 671a (1973). See Ch.
17, infra, for fuller treatment of the Speaker's power to
appoint committees.
16. Rule I clause 5, House Rules and Manual Sec. 630 (1973) covers
regular vote-counting by tellers. See Ch. 30, infra, for
treatment of regular voting. For electoral college votes, see 3
USC Sec. 315 and U.S. Const. amend. XII.
17. Rule XXXIV clause 1, House Rules and Manual Sec. 923 (1973). See
Ch. 5, supra, for fuller treatment of official reporters.
Parliamentarian's Note: Although the rule vests the power
of appointment of official reporters in the Speaker, under
statute, 2 USCA Sec. 84a, he normally exercises his power by
approving their employment.
---------------------------------------------------------------------------
The manner by which the Speaker exercises his powers of appointment
is governed by House customs and practices of long standing. Thus,
whenever the House resolves itself into a Com
[[Page 501]]
mittee of the Whole, the Speaker will appoint a Chairman of the
Committee.(18) If the designated Chairman is not present
when the House resolves itself into the Committee, the Speaker may also
appoint a Chairman pro tempore until the designated Chairman
arrives.(19)
---------------------------------------------------------------------------
18. See Sec. 6.1, infra.
19. See Sec. 6.2, infra.
---------------------------------------------------------------------------
Although the House rules(20) provide that the Speaker
may appoint members to select committees, the rules further provide
that such appointments may be made to committees that the House may
from time to time establish. Thus, the Speaker appoints members to such
committees pursuant to authorization provided for by law or by action
of the House. House authorization may be in the form of unanimous
consent(1) or formal resolution.(2)
---------------------------------------------------------------------------
20. Rule X clause 2, House Rules and Manual Sec. 671a (1973).
1. See Sec. 6.3, infra.
2. See Sec. Sec. 6.4, 6.6, infra.
---------------------------------------------------------------------------
The Speaker may make appointments to select committees
orally,(3) and under certain circumstances, he may appoint
the majority and minority members at different times.(4) For
certain committees, usually ceremonial ones, the Speaker may appoint
himself as a member of the committee.(5)
---------------------------------------------------------------------------
3. See Sec. 6.9, infra.
4. See Sec. Sec. 6.10, 6. 11, infra.
5. See Sec. 6.12, infra. See Ch. 36, infra, for treatment of the
Speaker's role in various ceremonies.
---------------------------------------------------------------------------
When a vacancy occurs on a select committee, the Speaker fills the
vacancy pursuant to the original authorization to appoint the
committee.(6)
---------------------------------------------------------------------------
6. See Sec. 6.13, infra.
---------------------------------------------------------------------------
The Speaker's appointment of conferees on the part of the House to
conference committees is somewhat different from his appointment of
select committees.(7) For instance, the manner of
appointment of conferees and the number of members appointed is usually
within the discretion of the Speaker.(8) But the Speaker
must still be authorized to make appointments of conferees pursuant to
House action.(9) And although the Speaker fills vacancies in
conference committees without seeking new authorizations from the
House,(10) for the Speaker to appoint additional conferees,
additional House authorization must be given.(11)
---------------------------------------------------------------------------
7. See Ch. 33, infra, for fuller treatment of the Speaker's role vis-
a-vis House-Senate conferences.
8. See Sec. 6.14, infra.
9. For example, see illustrations under Sec. 6.16, infra.
10. See Sec. 6.16, infra.
11. See Sec. 6.18, infra.
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[[Page 502]]
On occasion the House will authorize the designation of certain
House employees subject to the approval of the Speaker.(2)
---------------------------------------------------------------------------
12. See Sec. 6.26, infra. -------------------
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Appointing Chairmen
Sec. 6.1 The Speaker (and the Speaker pro tempore) appoints a Chairman
when the House resolves itself into the Committee of the Whole.
On July 25, 1962,(13) a motion was made for the House to
resolve itself into the Committee of the Whole House on the state of
the Union.
---------------------------------------------------------------------------
13. 108 Cong. Rec. 14747, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Herbert] Zelenko [of New York]: Mr. Speaker, I move that
the House resolve itself into the Committee of the Whole House on
the State of the Union for the consideration of the bill (H.R.
11677) to prohibit discrimination on account of sex in the payment
of wages by certain employers engaged in commerce or in the
production of goods for commerce and to provide for the restitution
of wages lost by employees by reason of any such discrimination.
The motion was agreed to.
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
H.R. 11677, Mrs. Edna F. Kelly, of New York, having been appointed to
preside.
On Jan. 14, 1964,(14) a motion was made for the House to
resolve itself into the Committee of the Whole House on the state of
the Union.
---------------------------------------------------------------------------
14. 110 Cong. Rec. 399, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I move that the
House resolve itself into the Committee of the Whole House on the
State of the Union for the consideration of the bill (S. 1153), to
amend the Federal Airport Act to extend the time for making grants
thereunder, and for other purposes.
The Speaker Pro Tempore: [Carl Albert, of Oklahoma]: The
question is on the motion offered by the gentleman from Arkansas.
The motion was agreed to.
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
S. 1153, Mrs. Leonor Kretzer Sullivan, of Missouri, having been
appointed to preside.
Sec. 6.2 The Speaker (and the Speaker pro tempore) may appoint both a
Chairman and a Chairman pro tempore of the Committee of the Whole.
On Oct. 18, 1967,(15) Speaker pro tempore Carl Albert,
of Okla
[[Page 503]]
homa, made the following announcement:
---------------------------------------------------------------------------
15. 113 Cong. Rec. 29277, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The Chair designates the gentleman
from Ohio [Mr. Vanik] as Chairman of the Committee of the Whole,
and requests the gentleman from Illinois [Mr. Rostenkowski] to
assume the chair temporarily.
Authority to Appoint
Sec. 6.3 Pursuant to authority granted him by the House, the Speaker
may appoint committees, commissions, and boards authorized by law
or by the House.
On Aug. 24, 1935,(16) for example, a unanimous-consent
request was made as follows:
---------------------------------------------------------------------------
16. 79 Cong. Rec. 14645, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I ask
unanimous consent that the Speaker may have until Wednesday next,
August 28, 1935, to appoint committees and commissions that have
been authorized by the House or by law.
The Speaker [Joseph W. Byrns, of Tennessee]: Is there
objection.
There was no objection.
Similarly, on Aug. 21, 1937,(17) unanimous consent was
requested and received to permit Speaker William B. Bankhead, of
Alabama, to appoint commissions and committees authorized by law or by
the House, notwithstanding the adjournment of the first session of the
75th Congress.
---------------------------------------------------------------------------
17. 81 Cong. Rec. 9640, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Likewise, on Oct. 13, 1962,(18) a unanimous-consent
request was made as follows:
---------------------------------------------------------------------------
18. 108 Cong. Rec. 23515, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that notwithstanding the adjournment of the 2d session of
the 87th Congress, the Speaker be authorized to accept
resignations, and to appoint commissions, boards, and committees
authorized by law or by the House.
The Speaker [Sam Rayburn, of Texas]: Is there objection to the
request of the gentleman from Oklahoma?
There was no objection.
Announcing Appointments
Sec. 6.4 When the House has authorized a Speaker to appoint committees,
boards, or commissions, the Speaker informs the House of his
exercise of the authority granted.
On July 26, 1948,(19) Speaker Joseph W. Martin, Jr., of
Massachusetts, announced his appointment of certain special committees.
---------------------------------------------------------------------------
19. 94 Cong. Rec. 9362, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker, pursuant to the authority conferred upon him by
House
[[Page 504]]
Resolution 691, Eightieth Congress, and the order of the House of
June 19, 1948, empowering him to appoint commissions, boards, and
committees authorized by law or by the House, did on June 29, 1948,
appoint as members of the select committee to conduct a study and
investigation of the organization, personnel, and activities of the
Federal Communications Commission the following Members of the
House: Hon. Forest A. Harness, Indiana, chairman; Hon. Leonard W.
Hall, New York; Hon. Charles H. Elston, Ohio; Hon. J. Percy Priest,
Tennessee; Hon. Oren Harris, Arkansas. . . .
On Jan. 3, 1956,(20) Speaker Sam Rayburn, of Texas,
announced certain appointments he made, pursuant to authority granted,
during an adjournment period.
---------------------------------------------------------------------------
20. 102 Cong. Rec. 5, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair lays before the House the following
announcement with respect to certain appointments made by the
Speaker subsequent to adjournment which the Clerk will read.
The Clerk read as follows:
The Chair desires to announce that pursuant to the order of
the House of August 2, 1955, empowering him to appoint
commissions, boards, and committees authorized by law or by the
House, he did, on September 1, 1955, pursuant to the provisions
of Public Law 742, 83d Congress, appoint as members of the
National Monument Commission the following members on the part
of the House: Mr. Smith of Virginia, Mr. Aspinall of Colorado,
Mr. Smith of Wisconsin, and Mr. Westland of
Washington.(1)
---------------------------------------------------------------------------
1. Parliamentarian's Note: When the Speaker makes appointments during
a sine die adjournment pursuant to authority granted by the
House, he informs the House of his action at its next
convening.
---------------------------------------------------------------------------
On Jan. 4, 1965,(2) Speaker John W. McCormack, of
Massachusetts, announced appointments he made pursuant to authority
granted during a sine die adjournment.
---------------------------------------------------------------------------
2. 111 Cong. Rec. 25, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker:: The Chair desires to announce that pursuant to
the order of the House of October 3, 1964, empowering him to accept
resignations and to appoint commissions, boards, and committees
authorized by law or by the House, he did, on November 18, 1964,
pursuant to the provisions of section 3, Public Law 88-630, appoint
as members of the Lewis and Clark Trail Commission the following
Members on the part of the House: Mr. Morris, of New Mexico; Mr.
Rivers, of Alaska; Mr. Berry, of South Dakota; Mr. Skubitz, of
Kansas.
Sec. 6.5 When a former Speaker has made appointments pursuant to
authority granted him during a sine die adjournment of the House,
the new Speaker informs the House of such actions.
On Jan. 3, 1947,(3) Speaker Joseph W. Martin, Jr., of
Massachusetts, laid before the House a com
[[Page 505]]
munication from the previous Speaker, Sam Rayburn, of Texas, in which
Mr. Rayburn indicated that, subsequent to a sine die adjournment of the
House during the second session of the 79th Congress, and pursuant to
authority granted him by the House, he had made certain appointments:
---------------------------------------------------------------------------
3. 93 Cong. Rec. 39, 80th Cong. 1st Sess.
January 3, 1947.
The Speaker,
House of Representatives, United States,
Washington, D.C.
Dear Mr. Speaker: I desire to inform the House of
Representatives that subsequent to the sine die adjournment of
the Seventy-ninth Congress and pursuant to the provisions of
Public Law 711 and the order of the House of August 2, 1946,
empowering the Speaker to appoint commissions and committees
authorized by law or by the House, I did, as Speaker of the
Seventy-ninth Congress, on September 6, 1946, appoint Hon.
Michael J. Bradley as a member of the Philadelphia National
Shrines Park Commission.
Respectfully,
Sam Rayburn.
Select Committee Appointments
Sec. 6.6 The Speaker appoints Members to select committees established
pursuant to formal House resolutions.
On Dec. 6, 1967,(4) a resolution was introduced to
authorize Speaker John W. McCormack, of Massachusetts, to appoint
Members to a select committee.
---------------------------------------------------------------------------
4. 113 Cong. Rec. 35143, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mrs. [Martha W.] Griffiths [of Michigan]: Mr. Speaker, on
behalf of the distinguished gentlewoman from Washington [Mrs. May]
and myself, I offer a resolution (H. Res. 1000) and ask unanimous
consent for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1000
Resolved, (a) That there is hereby created a select
committee to be composed of three Members of the House of
Representatives to be appointed by the Speaker, one of whom
shall be designated as chairman. Any vacancy occurring in the
membership of the committee shall be filled in the same manner
in which the original appointment was made.
(b) Effective upon the date of approval of this resolution,
until otherwise ordered by the House, the management of the
House Beauty Shop and all matters connected therewith shall be
under the direction of the Select Committee herein created and
shal1 be operated under such rules and regulations as such
Committee may prescribe for the operation and the employment of
necessary assistance for the conduct of said Beauty Shop by
such business methods as may produce the best results
consistent with economical and modern management.
Sec. 2. The Select Committee is hereby authorized to
purchase, at a cost not to exceed $15,000, the initial
equipment and materials required for the operation of the House
Beauty Shop, and the expense thereof shall be paid from the
contingent fund of the House of Representatives.
[[Page 506]]
The Speaker: Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Mrs. Griffiths: Mr. Speaker, the $15,000 advanced to
reestablish the House beauty shop will be in the course of the next
year, barring unforeseen circumstances, be returned to the
contingency fund, and it is my earnest hope that the next time you
hear from the select committee, it will be for the pleasant task of
returning money to the Treasury of the United States.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker: Pursuant to the provisions of House Resolution
1000, the Chair appoints as members of the Select Committee on the
House Beauty Shop the following Members: Mrs. Griffiths, chairman;
Mrs. Green of Oregon, and Mrs. May.
Discretion in Appointments
Sec. 6.7 The Speaker on occasion has insisted that he be permitted
discretion in appointing Members to select committees.
On July 10, 1945,(5) Speaker Sam Rayburn, of Texas,
indicated his desires concerning the formulation of resolutions
providing for the appointment of select committees by the Speaker.
---------------------------------------------------------------------------
5. 91 Cong. Rec. 7392-94, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Fritz G.] Lanham [of Texas]: Mr. Speaker, I ask unanimous
consent for the immediate consideration of Senate Joint Resolution
31.
The Clerk read the title of the joint resolution.
The Speaker: Is there objection to the request of the gentleman
from Texas?
Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker,
reserving the right to object, will the gentleman from Texas kindly
explain the legislation?
Mr. Lanham: Mr. Speaker, this Senate joint resolution, which
was passed unanimously by the Senate, provided for the treatment of
the Legislative Chambers long delayed in giving proper quarters in
which to meet. . . .
The Speaker: The Chair desires to call attention to one
amendment. The Chair is not going to raise the question at this
time but will hereafter, and he thinks he might as well try to
raise it with his beloved friend from Texas as anybody else,
because there will not be any trouble with him about it.
The Chair calls attention to the amendment on page 2 of the
bill running from line 17 to 24 and reading as follows:
Provided further, That the project, insofar as it affects
the House wing of the Capitol, shall be carried forward by the
Architect of the Capitol in accordance with plans to be
approved by a committee of five Representatives to be appointed
by the Speaker of the House of Representatives, upon
recommendation of the chairman of the House Committee on Public
Buildings and Grounds.
Hereafter the Chair is going to insist that if he is to appoint
a committee and be responsible for it he be permitted to appoint
whom he pleases. To
[[Page 507]]
that end, of course, he would consult with the chairman of the
Committee on Public Buildings and Grounds or whatever the committee
of the House might be. . . .
The committee amendments were agreed to.
Appointment Restrictions
Sec. 6.8 Though it is customary to allow the Speaker discretion in
appointing Members to select committees, authorizing resolutions
normally include restrictions as to the total number of Members to
be appointed and the party balance to be obtained.
On Mar. 5, 1958,(6) a resolution was introduced as
follows:
---------------------------------------------------------------------------
6. 104 Cong. Rec. 3443, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I
offer a resolution and ask unanimous consent for its present
consideration.
The Clerk read as follows:
House Resolution 496
Resolved, That there is hereby created a Select Committee
on Astronautics and Space Exploration to be composed of 13
Members of the House of Representatives to be appointed by the
Speaker, 7 from the majority party and 6 from the minority
party, one of whom he shall designate as chairman. Any vacancy
occurring in the membership of the committee shall be filled in
the manner in which the original appointment was made. . . .
There was no objection.
The resolution was agreed to and a motion to reconsider was
laid on the table.
Making Select Committee Appointments
Sec. 6.9 The Speaker may orally appoint Members to a select committee
pursuant to authority granted him.
On Oct. 20, 1966,(7) Speaker John W. McCormack, of
Massachusetts, appointed Members to a select committee.
---------------------------------------------------------------------------
7. 112 Cong. Rec. 28112, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: Pursuant to the provisions of House Resolution
1013, 89th Congress, the Chair appoints as members of the Select
Committee on Standards and Conduct the following Members of the
House: Mr. Bennett, of Florida, chairman; Mr. Brooks, of Texas; Mr.
Nix, of Pennsylvania; Mr. Carey, of New York; Mr. Cameron, of
California; Mr. Ronan, of Illinois; Mr. Gross, of Iowa; Mr.
Broyhill, of Virginia; Mr. Michel, of Illinois; Mrs. May, of
Washington; Mr. Latta, of Ohio; and Mr. Stafford, of Vermont.
Sec. 6.10 Under certain circumstances, the Speaker may appoint the
majority party members to a select committee without appointing the
minority party members simultaneously.
[[Page 508]]
On Feb. 7, 1961,(8) Speaker Sam Rayburn, of Texas,
appointed the majority party members of a select committee.
---------------------------------------------------------------------------
8. 107 Cong. Rec. 1820, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make the following
announcement.
Pursuant to the provisions of House Resolution 46, 87th
Congress, the Chair appoints as members of the Select Committee To
Conduct Studies and Investigations of the Problems of Small
Business the following Members of the House:
Mr. Patman, Texas, chairman; Mr. Evins, Tennessee; Mr. Multer,
New York; Mr. Yates, Illinois; Mr. Steed, Oklahoma; Mr. Roosevelt,
California; Mr. Alford, Arkansas.(9)
---------------------------------------------------------------------------
9. Parliamentarian's Note: The majority party members were appointed
so that the committee could organize and the chairman could
certify the employment of staff personnel. The Republican
members did not hold a caucus to ratify the recommendations of
their Committee on Committees until after the session of the
House on Feb. 9, 1961.
---------------------------------------------------------------------------
Sec. 6.11 Under certain circumstances, the Speaker may appoint minority
party members to a select committee pursuant to authority granted
him without appointing the majority party members simultaneously.
On Feb. 17, 1961,(10) Speaker Sam Rayburn, of Texas,
appointed the minority party members to a select committee.
---------------------------------------------------------------------------
10. 107 Cong. Rec. 2271, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: Pursuant to the provisions of House Resolution 46,
87th Congress, the Chair appoints as additional members of the
Select Committee To Conduct Studies and Investigations of the
Problems of Small Business the following Members of the House:
Mr. McCulloch, Ohio; Mr. Moore, West Virginia; Mr. Avery,
Kansas; Mr. Smith, California; Mr. Robison, New York; and Mr.
Derwinski, Illinois.
Sec. 6.12 The Speaker may appoint himself to certain select committees,
and has served on the Joint Select Committee on Preparations for
Inaugural Ceremonies.
On Apr. 20, 1964,(11) a resolution was introduced
concerning the creation of a joint committee.
---------------------------------------------------------------------------
11. 110 Cong. Rec. 8375, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I offer a Senate
concurrent resolution and ask for its immediate consideration.
The Clerk read as follows:
S. Con. Res. 71
Resolved by the Senate (the House of Representatives
concurring), That a joint committee consisting of three
Senators and three Representatives, to be appointed by the
President of the Senate and the Speaker of the House of
Representatives, respectively, is authorized to make the
necessary arrangements for the inau
[[Page 509]]
guration of the President-elect and Vice-President-elect of the
United States on the 20th day of January 1965.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker: [John W. McCormack, of Massachusetts]: Pursuant to
the provisions of Senate Concurrent Resolution 71, 88th Congress,
the Chair appoints as Members of the Joint Committee . . . the
following Members on the part of the House: Mr. McCormack, Mr.
Albert, and Mr. Halleck.
Filling Vacancies
Sec. 6.13 When a vacancy occurs on a special committee, the Speaker,
acting under the original authorization by the House, may appoint a
Member to fill the vacancy.
On Jan. 3, 1939,(12) Speaker William B. Bankhead, of
Alabama, made the following announcement:
---------------------------------------------------------------------------
12. 84 Cong. Rec. 16, 17, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: On August 13, 1938, a vacancy was created on the
Special Joint Committee to Investigate the Tennessee Valley
Authority due to the resignation of Hon. William J. Driver. The
Chair, pursuant to the authority conferred upon him by Public
Resolution 83, Seventy-fifth Congress, and the order of the House
of June 15, 1938, empowering him to appoint commissions and
committees authorized by law or by the House, did on August 23,
1938, appoint Hon. Graham A. Barden as a member of the Special
Joint Committee to Investigate the Tennessee Valley Authority to
fill the vacancy, and notified the Clerk of the House of his
action.
On Feb. 2, 1960,(13) Speaker Sam Rayburn, of Texas, laid
before the House a written announcement:
---------------------------------------------------------------------------
13. 106 Cong. Rec. 1822, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair lays before the House the following
announcement, which the Clerk will read.
The Clerk read as follows:
Pursuant to the provisions of section 5, Public Law 115,
78th Congress, and House Resolution 165, 86th Congress, the
Chair appoints as a member of the Committee on the Disposition
of Executive Papers the gentleman from Iowa, Mr. Kyl, to fill
the existing vacancy thereon.
Appointing Conferees
Sec. 6.14 The appointment of conferees on the part of the House is
considered a matter within the discretion of the Speaker, although
he customarily hears suggestions from the House leaders or from the
chairman of the reporting committee.
On July 1, 1932,(14) unanimous consent was requested for
the ap
[[Page 510]]
pointment of conference committee managers on the part of the House.
---------------------------------------------------------------------------
14. 75 Cong. Rec. 14499, 14500, 72d Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Samuel] Dickstein [of New York]: Mr. Speaker, I ask
unanimous consent to take from the Speaker's table the bill (H.R.
10600) to exempt from the quota husbands of American citizens, with
Senate amendments, disagree to the Senate amendments, and ask for a
conference.
The Clerk read the title of the bill.
The Speaker: [John N. Garner, of Texas]: Is there objection?
(After a pause.) The Chair hears none, and appoints the following
conferees: Messrs. Dickstein, Palmisano, Dies, Johnson of
Washington, and Cable.
Mr. [Bertrand H.] Snell [of New York]:(15) Mr.
Speaker, the gentleman from Ohio [Mr. Cable] is absent through
illness. I ask that the Chair substitute for the gentleman from
Ohio [Mr. Cable] the gentleman from Ohio [Mr. Jenkins], the next
man on the committee.
---------------------------------------------------------------------------
15. Parliamentarian's Note: Mr. Snell was the Minority Leader.
---------------------------------------------------------------------------
Mr. Dickstein:(16) Mr. Speaker, may I disagree with
the selection of the conferee?
---------------------------------------------------------------------------
16. Parliamentarian's Note: Mr. Dickstein was the chairman of the
committee reporting the bill in question.
---------------------------------------------------------------------------
The Speaker: No. If the gentleman is the ranking member, he
should be appointed.
Mr. Dickstein: There are other Members ahead of the gentleman
from Ohio.
The Speaker: If the gentleman is the ranking member, then he
ought to go on the conference. The Chair appoints the conferees and
thinks the Republican side should have whom they want on the
conference.
Mr. Dickstein: There are other gentlemen on the committee
nearer the head of the table than the gentleman from Ohio.
The Speaker: The gentleman from New York [Mr. Snell] has taken
the responsibility of selecting the man on the committee whom he
wants to represent the Republican organization, and that has been
the custom. . . .
Mr. Dickstein: Mr. Speaker, a parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Dickstein: May I submit a new list of conferees?
The Speaker: The gentleman has stated that the Chair appoints
the gentleman recommended by the gentleman from New York, and this
ought to be sufficient if the Chair takes the responsibility.
On July 17, 1935,(17) Speaker Joseph W. Byrns, of
Tennessee, discussed the practice of appointing conferees after the
following unanimous-consent request was made and debated:
---------------------------------------------------------------------------
17. 79 Cong. Rec. 11319, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I ask
unanimous consent to take from the Speaker's desk the bill H.R.
8632, the Tennessee Valley Authority bill, disagree to the Senate
amendments and agree to the conference asked for.
The Speaker: Is there objection to the request of the gentleman
from South Carolina?
[[Page 511]]
Mr. [Maury] Maverick [of Texas]: Reserving the right to object,
will the gentleman from South Carolina inform this House how many
conferees there will be?
Mr. McSwain: I do not mind stating to the gentleman that I have
recommended to the Speaker to appoint five.
Mr. Maverick: Mr. Speaker, reserving the right to object, an
agreement was made by certain Members of the Military Affairs
Committee to have five conferees, with unfriendly people on this
committee. As one of the friends of the T.V.A., I was not invited,
and as far as I know Mr. Thomason, of Texas, and Mr. Wilcox, of
Florida, and Mr. Hill of Alabama, also friends of the T.V.A., were
not there. I think it is wrong. I think this is a bad precedent to
put unfriendly men on the conference committee; it may hold things
up, and it does not appear to me as fair--I will not be a party to
any agreement unfriendly to the purposes of the great T.V.A.
program.
Mr. [William D.] McFarlane [of Texas]: Mr. Speaker, I reserve
the right to object, to ask this question: I would like to see the
personnel of the conference committee appointed according to the
way the majority of the House voted, and the personnel should be so
appointed so that a majority of the committee will favor the
majority position of the House. Take the first three members on the
conference committee, based on their vote on this question, and on
the different administration amendments in the different issues
voted on in the House. How would their known position on this
legislation stand up with the opinion of the majority of the House
on the legislation?
Mr. McSwain: The three members on the majority side whom I have
nominated to the Speaker voted for the bill and voted against the
motion to recommit. As I have stated time and time again, I am for
whatever the House does; and I state again that I am for the House
bill.
The Speaker: After all, the Chair appoints the conferees. The
Chair is always willing to accept the suggestions made by the
chairman of the committee which has charge of the bill, assuming
that the members who are appointed will stand for the House measure
because they represent the House in the conference.
Mr. Maverick: One of the members of the conferees has been one
of the three bitterest opponents on the committee of the bill the
President wants, and that is the gentleman from Louisiana [Mr.
Montet]. As I understand it, he is one of those to be appointed.
Yes; Mr. Montet finally voted for the bill, but he has consistently
fought the bill from the very beginning.
The Speaker: The Chair would certainly not assume that the
gentleman from Louisiana would accept a position as a conferee and
not stand for what the House wants, because that is what the House
conferees are expected to do, consistent with any proper
compromises that are necessary in order to put the measure through.
On the contrary the Chair has confidence in the gentleman in every
sense of the word. That is a matter which should appeal to the
conferees when they go into session, and, after all, when the
matter is reported to the House, the House has its opportunity to
express its approval or disapproval of the conference report.
Speaker as Conferee
Sec. 6.15 Although the manner of appointment of conferees on
[[Page 512]]
the part of the House and their number is considered within the
discretion of the Speaker, the Speaker normally does not appoint
himself to a conference committee.
On June 24, 1932,(18) Speaker John N. Garner, of Texas,
suggested the appointment of himself to a conference committee. After
some debate, and after a ruling by the Speaker concerning his
discretion in the manner of appointments of conferees, he did not
appoint himself to the committee.(19)
---------------------------------------------------------------------------
18. 75 Cong. Rec. 13876-79, 72d Cong. 1st Sess.
19. See 8 Cannon's Precedents Sec. 3220, for further treatment of this
instance.
---------------------------------------------------------------------------
Appointing Successor Conferees
Sec. 6.16 Under more recent precedents, the Speaker appoints successor
conferees to conference committees on the part of the House without
the requirement of House approval.
On Mar. 22, 1950,(20) a letter of resignation was laid
before the House as follows:
---------------------------------------------------------------------------
20. 96 Cong. Rec. 3803, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
March 22, 1950.
The Speaker,
The House of Representatives,
Washington, D.C.
Dear Mr. Speaker: It is with regret that I announce my
resignation as a House conferee to consider H.R. 1243, a bill
to amend the Hatch Act. I am forced to resign because of ill
health.
Sincerely yours,
Mary T. Norton.
The Speaker [Sam Rayburn, of Texas]: Without objection, the
resignation is accepted.
There was no objection.
The Speaker: The Chair appoints the gentlewoman from
Connecticut [Mrs. Woodhouse] to fill the vacancy and the Clerk will
notify the Senate of the change.
On Oct. 14, 1966,(1) the following unanimous-consent
request was made:
---------------------------------------------------------------------------
1. 112 Cong. Rec. 26996, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Adam C.] Powell [of New York]: Mr. Speaker, I ask
unanimous consent that the Republican conferees on the bill (H.R.
13161) to strengthen and improve programs of assistance for our
elementary and secondary schools, be excused, and that the Speaker
be empowered to appoint new Republican conferees.
The Speaker [John W. McCormack, of Massachusetts]: Is there
objection to the request of the gentleman from New York?
Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, reserving the
right to object, is the gentleman from New York going to submit the
names of the additional conferees?
[[Page 513]]
The Speaker: As the gentleman from Michigan knows, the Chair
makes the appointment. The Chair always seeks the counsel and
advice of the chairman, assuming that the chairman has in turn
conferred with the members of his own committee on both sides. The
Chair will state that he has four names. . . .
Is there objection to the request of the gentleman from New
York? The Chair hears none, and appoints the following conferees:
Messrs. Ayres, Quie, Goodell, and Bell, and the Senate will be so
notified.
The Speaker: Is there objection to the request of the gentleman
from New York? The Chair hears none, and appoints the following
conferees: Messrs. Ayres, Quie, Goodell, and Bell, and the Senate
will be so notified.
On Nov. 17, 1967,(2) the following unanimous-consent
request was made:
---------------------------------------------------------------------------
2. 113 Cong. Rec. 32953, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Carl D.] Perkins [of Kentucky]: Mr. Speaker, I ask
unanimous consent that the gentleman from New Jersey [Mr. Daniels]
may be excused as a conferee on the bill S. 2388, and that the
Speaker be authorized to appoint a Member to fill the vacancy.
The Speaker [John W. McCormack, of Massachusetts]: Is there
objection to the request of the gentleman from Kentucky?
There was no objection.
The Speaker: The Chair appoints the gentleman from Michigan
[Mr. O'Hara] to fill the vacancy.(3)
---------------------------------------------------------------------------
3. Parliamentarian's Note: When the House excuses a conferee from
further service, the Speaker may appoint a successor without
specific authorization from the House. Hence Mr. Perkins need
not have sought unanimous consent; it is when the Speaker
appoints an additional conferee that he must have the
authorization of the House.
---------------------------------------------------------------------------
Sec. 6.17 Unanimous consent was required where a House conferee sought
to absent himself from a conference.
On May 16, 1930,(4) the following unanimous-consent
request was made.
---------------------------------------------------------------------------
4. 72 Cong. Rec. 9076, 71st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Gilbert N.] Haugen [of Iowa]: Mr. Speaker, I ask unanimous
consent to take from the Speaker's table the bill (S. 108) to
suppress unfair and fraudulent practices in the marketing of
perishable commodities in interstate and foreign commerce, with
House amendments thereto, insist on the House amendments, and agree
to the conference asked by the Senate.
The Speaker [Nicholas Longworth, of Ohio]: The gentleman from
Iowa asks unanimous consent. . . . Is there objection?
There was no objection.
The Chair appointed the following conferees: Mr. Haugen, Mr.
Purnell, and Mr. Aswell.
Mr. [James B.] Aswell [of Louisiana]: Mr. Speaker, I shall be
absent next week, and I ask that the gentleman from Kentucky [Mr.
Kincheloe] be appointed in my place.
The Speaker: Without objection, the gentleman from Kentucky
[Mr.
[[Page 514]]
Kincheloe] will take the place of the gentleman from Louisiana on
the conference.
There was no objection.
Appointing Additional Conferees
Sec. 6.18 In order for the Speaker to appoint an additional conferee to
a conference committee on the part of the House, unanimous consent
of the House must first be obtained.
On Oct. 9, 1967,(5) a unanimous consent request was made
relative to the naming of an additional conferee committee.
---------------------------------------------------------------------------
5. 113 Cong. Rec. 28161, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, I ask
unanimous consent that the Speaker be authorized to appoint an
additional manager on the part of the House to serve on the
conference on the bill (H.R. 8719) to increase the annual Federal
payment to the District of Columbia and to provide a method for
computing the annual borrowing authority for the general fund of
the District of Columbia.
The Speaker [John W. McCormack, of Massachusetts]: Is there
objection to the request of the gentleman from South Carolina?
The Chair hears none, and appoints the following additional
conferee: Mr. Fuqua.
The Clerk will notify the Senate.
Sec. 6.19 The Speaker informs the House when, pursuant to authority
granted him, he has appointed conferees on the part of the House
during an adjournment of the House.
On Sept. 23, 1940,(6) Speaker Sam Rayburn, of Texas,
made the following announcement:
---------------------------------------------------------------------------
6. 86 Cong. Rec. 12460, 76th Cong. 3d Sess. The House had previously
agreed to the conference on Sept. 19, 1940; see id. at p.
12360.
---------------------------------------------------------------------------
The Speaker: Pursuant to authority granted on Thursday,
September 19, 1940, the Chair did on Friday, September 20, 1940,
appoint as managers on the part of the House to attend the
conference on H.R. 10413, the excess-profits-tax bill, the
following Members of the House: Mr. Doughton, Mr. Cullen, Mr.
McCormack, Mr. Cooper, Mr. Treadway, Mr. Crowther, Mr. Knutson.
Conferees on Appropriations
Sec. 6.20 The Speaker may appoint different conferees on the part of
the House to confer on separate chapters of an appropriations bill.
On July 27, 1955,(7) the following unanimous-consent
request was made:
---------------------------------------------------------------------------
7. 101 Cong. Rec. 11686, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Clarence] Cannon [of Missouri]: Mr. Speaker, I ask
unanimous
[[Page 515]]
consent to take from the Speaker's table the bill (H.R. 2728)
making supplemental appropriations for the fiscal year ending June
30, 1956, and for other purposes, with Senate amendments thereto,
disagree to the Senate amendments, and agree to the conference
asked by the Senate.
The Speaker [Sam Rayburn, of Texas]: Is there objection to the
request of the gentleman from Missouri? [After a pause.] The Chair
hears none and appoints the following conferees: Messrs. Cannon and
Taber; and on chapter I, Messrs. Whitten, Marshall, and H. Carl
Andersen; on chapter II, Messrs. Preston, Thomas, and Bow; on
chapter III. Messrs. Mahon, Sheppard, Sikes, Wigglesworth,
Scrivner, and Ford; on chapter IV, Messrs. Passman, Gary, and
Wigglesworth; on chapter V, Messrs. Andrews, Mahon, and Fenton; on
chapter VI, Messrs. Thomas, Yates, and Phillips; on chapter VII,
Messrs. Kirwan, Norrell, and Jensen; on chapter VIII, Messrs.
Fogarty, Fernandez, and Hand; on chapter IX, Messrs. Rabaut,
Kirwan, and Davis of Wisconsin; on chapter X, Messrs. Rooney,
Preston, and Coudert; on chapter XI, Messrs. Gary, Passman, and
Canfield; on chapters XII, XIII, XIV, and XV, Messrs. Rabaut,
Norrell, and Horan.
Appointing Tellers
Sec. 6.21 The Chair appoints tellers where tellers are ordered in a
Committee of the Whole.
On Sept. 21, 1965,(8) the following motion was made:
---------------------------------------------------------------------------
8. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John A.] Blatnik [of Minnesota]: Mr. Chairman, I move that
the Committee do now rise.
The Chairman [Daniel D. Rostenkowski, of Illinois]: The
question is on the motion of the gentleman from Minnesota.
Mr. [William C.] Cramer [of Florida]: Mr. Chairman, I demand
tellers.
Tellers were ordered, and the Chairman appointed as tellers Mr.
Blatnik and Mr. Cramer.
Sec. 6.22 The Chair may appoint new tellers after the initial ones are
found to be in disagreement on a teller vote.
On July 19, 1946,(9) a question was voted on as follows:
---------------------------------------------------------------------------
9. 92 Cong. Rec. 9466, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
The Chairman [John J. Delaney, of New York]: The question is on
the committee amendment.
The question was taken; and on a division (demanded by Mr.
Thomason) there were--ayes 63, noes 38.
Mr. [R. Ewing] Thomason [of Texas]: Mr. Chairman, I demand
tellers. Tellers were ordered, and the Chair appointed as tellers
Mr. May and Mr. Short.
The committee divided; and the tellers were unable to agree on
the count.
The Chairman: Without objection, the Chair will direct that the
vote by tellers be taken over.
There was no objection.
The Chair appointed as tellers Mr. Thomason and Mr. Short.
The Committee again divided, and the tellers reported that
there were- ayes 102, noes 72.
[[Page 516]]
Appointing Electoral Vote Tellers
Sec. 6.23 The Speaker appoints tellers for the counting of Presidential
and Vice Presidential electoral votes pursuant to a concurrent
resolution of both Houses.
On Jan. 3, 1961,(10) the following resolution was
offered.
---------------------------------------------------------------------------
10. 107 Cong. Rec. 26, 27, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I
offer a resolution (S. Con. Res. 1) and ask for its immediate
consideration.
The Clerk read the concurrent resolution, as follows:
Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress shall meet in the
Hall of the House of Representatives on Friday, the 6th day of
January 1961, at 1 o'clock post meridian, pursuant to the
requirements of the Constitution and laws relating to the
election of President and Vice President of the United States,
and the President of the Senate shall be their presiding
officer; that two tellers shall be previously appointed by the
President of the Senate on the part of the Senate and two by
the Speaker on the part of the House of Representatives, to
whom shall be handed, as they are opened by the President of
the Senate, all the certificates and papers purporting to be
certificates of the electoral votes, which certificates shall
be opened, presented, and acted upon in the alphabetical order
of the States, beginning with the letter ``A'', and said
tellers, having then read the same in the presence and hearing
of the two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted in the manner and according to the
rules by law provided, the result of the same shall be
delivered to the President of the Senate, who shall thereupon
announce the state of the vote, which announcement shall be
deemed a sufficient declaration of the persons, if any, elected
President and Vice President of the United States, and,
together with list of the votes, be entered on the Journals of
the two House.
The concurrent resolution was agreed to.
The Speaker: [Sam Rayburn, of Texas]: Pursuant to the
provisions of Senate Concurrent Resolution 1, the Chair appoints as
tellers on the part of the House to count the electoral votes on
January 6, 1961, the gentlewoman from New York [Mrs. Kelly] and the
gentlewoman from Ohio [Mrs. Bolton].
Sec. 6.24 The Speaker may appoint a new teller for the counting of
electoral votes when a previously appointed one is not present.
On Jan. 6, 1949,(11) after the election in 1948 of Harry
S. Truman as President, Speaker Sam Rayburn, of Texas, designated a
teller for the counting of electoral votes.
---------------------------------------------------------------------------
11. 95 Cong. Rec. 89, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The gentleman from New York [Mr. Gamble] is
unavoidably
[[Page 517]]
detained and is unable to serve as teller.
The Chair designates the gentleman from Pennsylvania [Mr.
Graham] to act as teller in his stead.
Temporary Appointments
Sec. 6.25 Pursuant to law and House authorization, the Speaker may make
temporary appointments to fill vacancies in the offices of the
Clerk, the Sergeant at Arms, the Doorkeeper, the Postmaster, and
the Chaplain of the House.
On July 28, 1953,(12) the following unanimous-consent
request was made:
---------------------------------------------------------------------------
12. 99 Cong. Rec. 10128, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I ask
unanimous consent for the immediate consideration of the bill (H.R.
6571) amending the Legislative Reorganization Act of 1946 to
provide for the appointment of persons to exercise temporarily the
duties of certain offices of the House of Representatives.
There being no objection, the Clerk read the bill, which authorized
the Speaker to make appointments on a temporary basis to fill vacancies
in the offices of the Clerk, the Sergeant at Arms the Doorkeeper, the
Postmaster and the Chaplain of the House.
The bill was ordered to be engrossed and read a third time, was
read the third time, and passed, and a motion to reconsider was
laid on the table.(13)
---------------------------------------------------------------------------
13. See also 2 USCA 75a-1.
---------------------------------------------------------------------------
On Jan. 6, 1954,(14) a letter of resignation of the
Sergeant at Arms, dated Sept. 14, 1953, was laid before the House:
---------------------------------------------------------------------------
14. 100 Cong. Rec. 8, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
The Honorable the Speaker,
House of Representatives.
My Dear Mr. Speaker: I submit herewith, effective at the
close of business today, my resignation as Sergeant at Arms,
House of Representatives, which additional duty I assumed
pursuant to House Resolution 325, dated July 8, 1953, 83d
Congress.
Respectfully yours,
Lyle O. Snader,
Clerk of the
House of Representatives.
The Speaker: [Joseph W. Martin, Jr., of Massachusetts]: The
Chair announces that, pursuant to the provisions of section 208(a)
of the Legislative Reorganization Act of 1946, he did on September
15, 1953, appoint William R. Bonsell, of the State of Pennsylvania,
to act temporarily as Sergeant at Arms until the House chooses a
person for that office.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: Mr. Snader, the Clerk of the House, had
assumed the additional duties of the Sergeant at Arms following
the death of the elected Sergeant at Arms, William F. Russell.
---------------------------------------------------------------------------
On Mar. 14, 1966,(16) Speaker John W. McCormack, of
Massa
[[Page 518]]
chusetts, appointed an Acting Chaplain following the death of the
elected Chaplain.
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5712, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: Pursuant to the provisions of the Legislative
Reorganization Act of 1946, as amended by Public Law 197, 83d
Congress (67 Stat. 387; 2 U.S.C. 75-a-1-(a)), the Chair appoints
Edward Gardiner Latch, D.D., L.H.D., of Washington, D.C., to act as
and to exercise temporarily the duties of the Chaplain of the House
of Representatives.(17)
---------------------------------------------------------------------------
17. Parliamentarian's Note: This appointment was made to fill the
vacancy caused by the death of the Chaplain, Reverend Bernard
Braskamp.
---------------------------------------------------------------------------
Appointments Subject to Approval
Sec. 6.26 On occasion, the House authorizes the designation of certain
House employees subject to the approval of the Speaker.
On Jan. 18, 1945,(18) a resolution was offered which
provided for the designation of an assistant to the Clerk subject to
the approval of the Speaker.
---------------------------------------------------------------------------
18. 91 Cong. Rec. 334, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John J.] Cochran [of Missouri]: Mr. Speaker, I offer a
resolution (H. Res. 95) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That there shall be paid out of the contingent
fund of the House, until otherwise provided by law,
compensation at the rate of $3,600 per annum, payable monthly,
for the services of an assistant reading clerk, who shall be
designated by the Clerk of the House, subject to the approval
of the Speaker: Provided, however, That the authorization and
appropriation herein contained shall terminate whenever a
vacancy occurs in a position of reading clerk.
The resolution was agreed to.
On Aug. 3, 1953,(19) a resolution was introduced as
follows:
---------------------------------------------------------------------------
19. 99 Cong. Rec. 11133, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I offer a
resolution (H. Res. 392) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That effective August 1, 1953, there shall be
paid out of the contingent fund of the House, until otherwise
provided by law, compensation at the basic rate of $3,000 per
annum for the employment of an assistant Journal Clerk-Indexer,
who shall be designated by the minority leader subject to the
approval of the Speaker.
The resolution was agreed to, and a motion to reconsider was
laid on the table.
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 7. Preserving Order on the House Floor
The Speaker's jurisdiction, duty, and power to preserve order on
[[Page 519]]
the House floor derives mainly from the House rules and House
precedents. This section lists examples of both.
Under House rules, the Speaker preserves order on the House floor
by maintaining the decorum of the proceedings,(20) by
controlling the use of the House Chamber,(1) by presiding
over the Members during debate,(2) and by supervising the
admission of persons to the House floor.(3)
---------------------------------------------------------------------------
20. Rule I clause 2, House Rules and Manual Sec. 622 (1973). See Ch.
29, infra, for fuller treatment of the Speaker's role in
maintaining order on the House floor.
1. Rules I clause 3, Sec. 623, and XXXI, Sec. 918, House Rules and
Manual (1973). See Ch. 4, supra, for discussion of the use of
the House Chamber.
2. Rule XIV clauses 1-8, Sec. Sec. 749-764, House Rules and Manual
(1973). See Ch. 29, infra, for fuller treatment of the
Speaker's role in presiding over debate.
3.Rule XXXII clauses 1 and 2, House Rules and Manual Sec. Sec. 919-921
(1973). See Ch. 4, supra, for treatment of admission to the
House floor.
---------------------------------------------------------------------------
Under House precedents, the Speaker preserves order on the House
floor: by using his power of recognition to remedy situations wherein a
Member attempts to interrupt another Member who has the
floor;(4) by controlling the manner by which one Member
addresses or refers to another;(5) by disallowing or
controlling certain references by Members to Senators or others; by
controlling the movements of Members on the floor during
debate;(6) by controlling the distribution of materials on
the House floor;(7) and by enforcing the privileges of the
House floor.(8)
---------------------------------------------------------------------------
4. See Sec. Sec. 7.1, 7.2, infra.
5. See Sec. Sec. 7.3 et seq., infra.
6. See Sec. Sec. 7.13, 7.14, infra.
7. See Sec. 7.15, infra.
8. See Ch. 4, supra. -------------------
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Controlling interjected Remarks
Sec. 7.1 In preserving order on the House floor, the Speaker has the
power of recognition and Members must seek the Speaker's
recognition before interrupting another Member who has the floor.
On Feb. 17, 1936,(9) a parliamentary inquiry was
addressed to Speaker Joseph W. Byrns, of Tennessee, as follows:
---------------------------------------------------------------------------
9. 80 Cong. Rec. 2201, 74th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Clifton A.] Woodrum [of Virginia]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
[[Page 520]]
Mr. Woodrum: Mr. Speaker, in the interest of orderly procedure,
I should like to propound a parliamentary inquiry to the Speaker.
If I understand the rules of the House, they provide that in
debate should a Member desire to address the House or the Speaker
he must first secure recognition of the Speaker. If a Member has
the floor and is addressing the House or the Speaker and another
Member desires to interrogate him, interrupt, or interject remarks,
he must first secure the permission of the Member who has the
floor.
Mr. Speaker, I observe a custom growing up here of Members
getting up and a number of them talking at once, with the Speaker
pounding for order. It seems to me that they must not understand
the rules, or else I do not understand them. I do not understand
that under the rules a Member has a right to cut into another
Member's speech, or interrupt the Member when he is trying to
speak, or while the Speaker is trying to make a ruling or is
addressing the House. I think the Speaker should rule on this
matter.
The Speaker: The gentleman is correct. The Chair has had
occasion several times, according to his distinct recollection, to
call this rule to the attention of the Members of the House. It is
a violation of the rules of the House for a Member to interrupt
another Member when he has the floor without first addressing the
Chair and obtaining the consent of the Member having the floor
before he interrupts.
Sec. 7.2 In preserving order on the House floor, the Chair may rule
that statements interjected into the speech of a Member without his
permission may be stricken by the Member in his revision of
remarks.
On Mar. 4, 1936,(10) a debate took place which brought
about a point of order, as follows:
---------------------------------------------------------------------------
10. 80 Cong. Rec. 3278, 74th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Charles] Kramer [of California]: Mr. Chairman, will the
gentleman yield?
Mr. [Maury] Maverick [of Texas]: Yes.
Mr. Kramer: Will the gentleman explain what the cartoon said
down below it? The gentleman said it was a fine picture of the
President. I am surprised that the gentleman would stand on the
floor here as a Democrat, as a supporter of this administration and
take that attitude toward our President.
Mr. Maverick: Do not talk nonsense, Mr. Kramer.
Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, will the
gentleman yield there?
Mr. Maverick: Yes; I yield.
Mr. Marcantonio: As a matter of fact, the attitude of the
gentleman and some other gentlemen who are advocating this
legislation is one of competing with Mr. Hearst on the question of
communism.
[Several gentlemen rose. Some confusion. Mr. Bankhead rose to a
point of order.]
Mr. [William B.] Bankhead [of Alabama]: Mr. Chairman, I rise to
a point
[[Page 521]]
of order. It is an absolute violation of the rules of the House
governing debate to have remarks interjected without the consent of
the gentleman who holds the floor. It certainly does not contribute
anything to the dignity of the proceedings of the Committee or the
clarification of issues, and I hope gentlemen will observe the
rule.
Mr. Marcantonio: But the gentleman from Texas had yielded to
me.
Mr. [John J.] O'Connor [of New York]: Mr. Chairman,
supplementing what the distinguished majority leader has said,
there is a bad practice in this House of the stenographer taking
down words which are said not under the rules of the House. The
Chair should instruct the stenographer not to take down the words
used by the gentleman from California in answer to my colleague
from New York.
The Chairman [William L. Nelson, of Missouri]: Under the rule
the gentleman holding the floor has the privilege of striking from
his remarks such words. [In pursuance of the above ruling Mr.
Maverick eliminated certain matter not regarded as relevant to the
proceedings.]
Controlling Manner of Address
Sec. 7.3 In preserving order on the House floor, a Speaker or a
Chairman of the Committee of the Whole may instruct Members as to
the manner by which they may properly address one another in
debate.
On Oct. 24, 1945,(11) Speaker Sam Rayburn, of Texas,
advised a Member, Mr. John E. Rankin, of Mississippi, as to the manner
in which a Member should address or make reference to another Member on
the floor of the House:
---------------------------------------------------------------------------
11. 91 Cong. Rec. 10032, 10033, 79th Con. 1st Sess.
---------------------------------------------------------------------------
Mr. Rankin: Mr. Speaker, we have just witnessed one of the most
ridiculous performances that has taken place in this House since I
have been in Congress. These unjustified attacks on the Committee
on Un-American Activities, these smear attacks on the Daughters of
the American Revolution by the Jewish gentleman from New York [Mr.
Celler], have been shocking indeed, to say the least of it.
Mr. [Emanuel] Celler: Mr. Speaker, I make the point of order
that the gentleman is out of order when he refers to me as ``the
Jewish gentleman from New York.'' I ask that the words be taken
down.
The Speaker: If the gentleman will allow the Chair, there is
one way to refer to a Member of the House of Representatives and
that is, ``the gentleman from'' the State from which he comes. Any
other appellation is a violation of the rules.
Mr. Rankin: Mr. Speaker, if he objects to being called a
``Jewish gentleman'' I withdraw it.
Mr. Celler: Mr. Speaker, I ask that the words be taken down.
Mr. [Vito] Marcantonio [of New York]: I ask that those words be
taken down.
Mr. Rankin: I am withdrawing the words. I have not the time to
argue such matters.
Mr. Marcantonio: I object to his withdrawing the words. I
request that the words be taken down.
[[Page 522]]
The Speaker: The Chair has already stated the rule with
reference to the language of the gentlemen from Mississippi. . . .
The gentleman from Mississippi [Mr. Rankin] will proceed in
order. . . .
Mr. Rankin: Mr. Speaker, it is exceedingly strange that a man
presuming to arrogate to himself the prerogative of speaking for a
minority group will rise on this floor and denounce the Daughters
of the American Revolution, in the manner the Member from New York
[Mr. Celler] did and then raise a protest when he is even referred
to as a gentleman of his race.
Mr. Celler: Mr. Speaker, a point of order.
The Speaker: The gentleman will state it.
Mr. Celler: The gentleman by inference and innuendo has simply
repeated what he said at the inception of his remarks when he
attempted to state that I was a Jewish gentleman. That is the
second time he did it by indirection. I think the gentleman should
be called to order and cautioned not to repeat that kind of
language.
The Speaker: The gentleman refers to the gentleman, if he
referred to him at all, as the member of a minority race. The Chair
does not think that is a violation of the rule.
Mr. Rankin: Mr. Speaker, a parliamentary inquiry. I wish to
proceed in order. Does the Member from New York [Mr. Celler] object
to being called a Jew or does he object to being called a
gentleman? What is he kicking about?
Mr. Marcantonio: Mr. Speaker, a point of order.
The Speaker: The Chair desires to make a little statement.
The Chair trusts that points of order may be properly points of
order hereafter, and that a Member before he makes a point of order
secures the recognition of the Chair.
The gentleman from Mississippi will proceed in order, and the
Chair trusts that the gentleman from Mississippi understands what
the Chair means.
On Mar. 4, 1936,(12) a Member remarked as follows:
---------------------------------------------------------------------------
12. 80 Cong. Rec. 3286, 74th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Robert F.] Rich [of Pennsylvania]: . . .
Mr. Chairman, where are we going to head in at? When will we
stop this extravagance? I want to say that we have talked about
responsibility. Whose responsibility? Whose, Mr. Bankhead? Is it
yours or is it the Members of this House?
Mr. [William B.] Bankhead [of Alabama]: Mr. Chairman, I rise to
a point of order.
The Chairman [William L. Nelson, of Missouri]: The gentleman
will state it.
Mr. Bankhead: Mr. Chairman, I am not sensitive about the
matter, but I am a little meticulous about observance of the rules
of the House, and it is a direct violation of the rules of the
House for a Member to refer directly by name to any Member upon the
floor, and I shall have to give the gentleman a little preliminary
schooling on the rules of the House and I may add to it a little
later on. The gentleman should say, ``The gentleman from Alabama.''
The Chairman: The Chair confirms the statement of the gentleman
from
[[Page 523]]
Alabama and sustains the point of order.
Mr. [Byron B.] Harlan [of Ohio]: Mr. Chairman, as an additional
point of order and with respect to the same point of order made by
the gentleman from Alabama, following parliamentary practice and
under the rules of the House, the gentleman should not, from the
floor, even address the gentleman from Alabama directly, but should
direct all of his remarks to the Chairman or the Speaker.
The Chairman: The gentleman is correct.
Whom Members May Address
Sec. 7.4 The Chair, in preserving order on the floor of the House, may
rule out of order a Member's address to anyone other than the
Chair, including the press.
On Apr. 24, 1963,(13) the colloquy below occurred
between Mr. Thomas B. Curtis, of Missouri, and the Chairman of the
Committee of the Whole, Eugene J. Keogh, of New York:
---------------------------------------------------------------------------
13. 109 Cong. Rec. 6892, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Curtis: Mr. Chairman, I want to say to my so-called liberal
friends who voted the motion up which closed off debate on such a
serious matter that you have clearly demonstrated your concern for
the basic civil liberties.
I would say to the press that this is a good observation----
Mr. [Ross] Bass [of Tennessee]: Mr. Chairman, I make the point
of order that the gentleman is out of order in addressing the press
gallery or any other gallery from the floor of the House.
Mr. Curtis: I am not addressing the press gallery. I am
addressing----
The Chairman: The gentleman from Missouri will suspend. The
Chair advises the gentleman that the correct parliamentary
procedure is for the gentleman to address the Chair and only the
Chair. The gentleman will proceed in accordance with the rules.
Sec. 7.5 It is considered within the authority of the Speaker in
preserving order on the floor of the House to interrupt a Member
and rule out of order any reference to a person in the House
gallery.
On June 4, 1963,(14) during a Member's remarks, Speaker
John W. McCormack, of Massachusetts, on his own initiative took action
to prevent the reference to persons in the gallery of the House.
---------------------------------------------------------------------------
14. 109 Cong. Rec. 10157, 10158, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [William T.] Cahill [of New Jersey]: Mr. Speaker, and my
colleagues, as one of the sponsors of this legislation, I have
patiently sat on this floor expecting that my friends from that
side of the aisle would at least show the courtesy to the minority
to be heard. It was my hope that it would not be necessary for me
to make any observations at all in order to obtain
[[Page 524]]
the attention of my friends. Now, I would say that this is not my
observation, but I thought the House might like to have the
observation of a disinterested, objective observer who was sitting
up in the gallery and who happens to be a visitor of mine----
The Speaker: Reference to anybody in the gallery is not
consistent with the rules of the House.
Mr. Cahill: I beg the Chair's pardon.
I would say then, may I quote to you the observation of a
visitor who told me----
Mr. [Ross] Bass [of Tennessee]: Mr. Speaker, a point of order.
Is the gentleman referring to a visitor in the Chamber, or in the
gallery, or a visitor in Washington?
Mr. Cahill: No; I would say--
The Speaker: The gentleman will suspend. The gentleman referred
to a visitor and it is not the Chair's duty to penetrate his mind.
Mr. Bass: Mr. Speaker, a parliamentary inquiry.
The Speaker: Does the gentleman from Minnesota yield to the
gentleman from Tennessee to make a parliamentary inquiry?
Mr. [Clark] MacGregor [of Minnesota]: Mr. Speaker, I yield to
the distinguished gentleman from Tennessee for the purpose of his
parliamentary inquiry.
Mr. Bass: Since it is the prerogative of the Members to inquire
into the minds of the other Members, may I request of the Member to
divulge if this speaker is in the gallery or on the floor?
The Speaker: The Speaker rules that is not a parliamentary
inquiry. . . .
On July 27, 1954,(15) in a similar situation involving
Benjamin F. James, of Pennsylvania, Chairman of the Committee of the
Whole, a Member attempted to refer to a visitor in the House gallery.
---------------------------------------------------------------------------
15. 100 Cong. Rec. 12253, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Walter H.] Judd [of Minnesota]: Mr. Chairman, will the
gentleman yield?
Mr. [Clarence] Cannon [of Missouri]: If the gentleman will
permit me, I will finish my statement and then I will be delighted
to yield.
Mr. Judd: My purpose is to call attention to the French nurse
who is in the gallery.
Mr. Cannon: I yield to the gentleman.
Mr. Judd: Mr. Chairman, I appreciate the gentleman's courtesy
in permitting this short interlude. One of the things that always
thrills everybody in the world is courage and devotion to duty,
especially when under most trying and dangerous circumstances. I
appreciate the opportunity to call attention to the presence in our
gallery
The Chairman: The gentleman from Minnesota will suspend. The
Chair regrets extremely----
Mr. Judd: Mr. Chairman, I ask unanimous consent to proceed out
of order.
The Chairman: The gentleman may not proceed out of order for
the purpose which he manifestly intends to use the time. The Chair
regrets extremely that he must so hold under the rules of procedure
of the House. We
[[Page 525]]
are all conscious of the great heroism of the person to whom the
Chair knows that the gentleman wishes to allude, but it is a matter
of extreme regret that because of the rules of the House, reference
may not be made to anyone in the gallery.
Mr. Judd: I shall not say anything about the gallery. I shall
say she is on the Hill today.
The Chairman: The Chair greatly regrets that under the rules of
procedure of the House, the gentleman must be denied the privilege
of introducing anyone in the gallery which, I know, every Member of
the House would greatly appreciate in this instance, if it were
possible under the rules.
Mr. Judd: Mr. Chairman, I had no intention of introducing
anyone in the gallery. Is it not possible to refer here to persons
who are in our country?
The Chairman: It is not possible to refer to any person in the
gallery.
Mr. Judd: May I not call attention to a most distinguished
visitor in our country today?
The Chairman: The gentleman may refer to one who is in our
country.
Mr. Judd: Well, then, I should like to refer to the
distinguished heroine of Dien Bien Phu who we, in the United
States, are happy these days to welcome to our shores and to our
city, and to pay tribute to her, as a person whose heroism is
acclaimed by all, and as a symbol of all women of the world who in
times of great crisis and peril are faithful to their duty,
particularly that of ministering to men wounded in the defense of
freedom. We pay tribute to her wherever she may be in our country
at the present moment.
Enforcing Floor Privileges
Sec. 7.6 The Speaker has within his authority the enforcement of the
privileges of the floor of the House, including times when there is
held a joint session of Congress in the House Chamber.
On Jan. 7, 1964,(16) Speaker John W. McCormack, of
Massachusetts, made an announcement with respect to the privileges of
the floor during a joint session of the Congress.
---------------------------------------------------------------------------
16. 110 Cong. Rec. 6, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make an announcement. After
consultation with the majority and minority leaders, and with their
consent and approval, the Chair announces on Wednesday, January 8,
1964, the date set for the joint session to hear an address by the
President of the United States, only the doors immediately opposite
the Speaker and those on his left and right will be open. No one
will be allowed on the floor of the House who does not have the
privileges of the floor of the House.
Controlling Reference to Senators
Sec. 7.7 In preserving order on the House floor, a Chairman of the
Committee of the Whole may interrupt a Member to rule out of order
any reference to a Member of the Senate.
[[Page 526]]
On May 25, 1937,(17) a Member spoke as follows in the
Committee of the Whole:
---------------------------------------------------------------------------
17. 81 Cong. Rec. 5013, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Alfred F.] Beiter [of New York]: . . .
Mr. Chairman, I have letters here from Members of the Senate
saying they are in sympathy with this movement. If you will permit
me, I will read a letter from Senator Murray, in which he says----
The Chairman [John J. O'Connor, of New York]: The Chair, on its
own responsibility, makes the point of order against the reading of
a letter from a Member of another body.
Sec. 7.8 In preserving order on the House floor, a Speaker pro tempore
enforces the rule that in debate a Member may not directly nor
indirectly refer to a Senator or to a speech made by a Senator even
though the speech was not made in the Senate Chamber.
On May 2, 1941,(18) a point of order was raised:
---------------------------------------------------------------------------
18. 87 Cong. Rec. 3536, 3537, 77th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a point of
order.
The Speaker Pro Tempore [Fadjo Cravens, of Arkansas]: The
gentleman will state it.
Mr. Keefe: Mr. Speaker, the gentleman in the address he has
just made has on repeated occasions made reference to Senator
Wheeler of Montana. I am not making this point of order in defense
of Senator Wheeler or anybody else but in an effort to preserve
what I understand to be the rules of this House. I make the point
of order that the gentleman is out of order and is proceeding in
violation of the rules of the House when he refers either
contemptuously or in a complimentary manner to a Member of another
body. I believe the gentleman's remarks should be deleted in those
aspects in which he has thus referred to the Senator from Montana
in order that we may preserve the plain mandate of the rules of
this House.
The Speaker Pro Tempore: The point of order is sustained.
The gentleman from Wisconsin will proceed in order.
Mr. [Thaddeus F. B.] Wasielewski [of Wisconsin]: Mr. Speaker,
the speech I have prepared here has wholly to do with the talk
given by Senator Wheeler. Is it permissible to merely make
reference to him as the senior Senator from Montana?
The Speaker Pro Tempore: Under the rules of the House, it is a
violation of the rules to refer to a Senator of the United States
in any such fashion. Under the rules of the House the gentleman
should refrain from such remarks as those and proceed in order. . .
.
Mr. Wasielewski: Mr. Speaker, I ask unanimous consent at this
time to revise and extend my remarks to conform with the House
rules. I offer my profoundest regrets and apology if I have in any
way violated the rules of the House. I did not realize that the
[[Page 527]]
House rule also covered statements made by Members of Congress
outside the Capitol halls.
Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, reserving
the right to object, the gentleman asks to revise and extend his
remarks in accordance with the rules of the House?
Mr. Wasielewski: That is right.
Mr. Michener: And the gentleman will not include in his
extension those things that violate the rules and to which
objection has been made?
Mr. Wasielewski: That is right. . . .
Mr. [John M.] Vorys of Ohio: Mr. Speaker, pursuing my
parliamentary inquiry, and reserving the right to object, what I
wanted to know is this--and whether it applies to this speech or
not is not the point. Can an attack be made upon a Member of this
House or a member of another body merely by referring to the person
indirectly, so long as the Member is clearly identified and the
matter consists of an attack upon something he has said or done?
The Speaker Pro Tempore: Under the rules of the House the
gentleman is not permitted to do indirectly what he cannot do
directly. Consequently the point of order was sustained upon the
theory that there had been an unintentional violation of the rules
of the House. The gentleman now asks unanimous consent that he may
be permitted to revise and extend his remarks. Is there objection?
There was no objection.
Controlling References to Members
Sec. 7.9 It is considered within the authority of the Chair in
preserving order on the floor of the House to rule out of order
words spoken in debate referring to another Member in an
unparliamentary manner.
On July 2, 1935,(19) the debate below took place in the
House, Speaker Joseph W. Byrns, of Tennessee, presiding:
---------------------------------------------------------------------------
19. 79 Cong. Rec. 10670, 10671, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Maury] Maverick [of Texas]: I have not the parliamentary
experience and ability to get up here and beat the parliamentary
rules; but I do say I hope the House passes the resolution, and I
do not believe a word the gentleman from Maine [Mr. Brewster] said.
. . .
Mr. [Ralph O.] Brewster: Mr. Speaker----
The Speaker: For what purpose does the gentleman from Maine
rise?
Mr. Brewster: I rise to ask whether it is possible for the
gentleman from Texas to challenge my word on the floor of this
House without having his words taken down. I rose immediately the
words were uttered, and it seems to me nothing could transcend such
a proposition. If that is not possible, it transcends my conception
of parliamentary procedure.
The Speaker: To what words does the gentleman object?
Mr. Brewster: He said, as I understood him, that he did not
believe a word I had uttered.
The Speaker: The Chair would state to the gentleman that the
Chair does
[[Page 528]]
not think that implies that the gentleman uttered an untruth. That
was the opinion of the gentleman from Texas, but not necessarily
the opinion of anyone else, and the Chair does not understand that
there is any question of privilege involved in the remarks uttered.
Mr. Brewster: May I ask that the words be taken down?
The Speaker: The gentleman could have done that----
Mr. [William D.] McFarlane [of Texas]: Mr. Speaker, a point of
order.
The Speaker: The Chair is trying to rule on a point of order
now, if the gentleman will permit the Chair to do so.
Mr. McFarlane: I wanted to make my point of order before the
Chair rules.
The Speaker: The gentleman from Texas made the statement, but
that does not necessarily imply that the gentleman from Maine
intentionally made a misstatement on his own part. He simply said
he did not believe it, but this did not necessarily imply that the
gentleman from Maine intentionally made a misstatement. What the
gentleman from Texas said may be construed as meaning that the
gentleman from Maine was merely mistaken in his conclusions, and
that the gentleman did not deliberately make a false statement. So
the Chair fails to see where any question of privilege is involved
in the statement. Of course, if the gentleman wishes to make his
own statement about it, he can do so with the permission of the
House.
On Mar. 16, 1939,(20) debate took place in the Committee
of the Whole as follows:
---------------------------------------------------------------------------
20. 84 Cong. Rec. 2871, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Lee G.] Geyer of California: . . . I see in the balcony
some young people, some school people, who have come here to watch
their Representatives in session. I am anxious that they get a
proper idea concerning this great body.
I have heard the gentleman from Wisconsin, the man who made
Milwaukee famous, stand upon this floor a good many times. He is an
estimable gentleman. I like him very much when he is not in the
well of this House. I have seen him come out with a hand that only
he possesses, a hand like a ham, and grasp this [microphone] until
it groaned from mad torture. I have seen him come on the floor and
stamp up and down like a wild man.
Mr. [John] Taber [of New York]: Mr. Chairman, I demand that the
gentleman's words be taken down.
The Chairman [Frank H. Buck, of California]: The gentleman from
New York demands that the words of the gentleman be taken down. The
gentleman from California will take his seat.
The gentleman from New York will indicate to the Clerk the
words objected to.
Mr. Taber: ``Stamping like a wild man'' and ``a hand like a
ham.''
Mr. [John C.] Schafer of Wisconsin: Mr. Chairman, as far as I
am concerned, I am not objecting to the words. I will handle him at
a later date.
Mr. Taber: I believe the integrity of the rules of the House
should be preserved.
The Chairman: The Clerk will report the words taken down at the
request of the gentleman from New York.
[[Page 529]]
The Clerk read as follows:
I have seen him come on the floor and stamp up and down
like a wild man.
Mr. Taber: Mr. Chairman, there were some other words about ``a
hand like a ham.''
The Chairman: The Clerk will report the additional words. . . .
The Committee will rise.
Accordingly the Committee rose; and the Speaker . . . resumed
the chair . . .
The Speaker [William B. Bankhead, of Alabama]: The Clerk will
report the words objected to in the Committee of the Whole House on
the state of the Union. . . .
The rule governing situations of this character provides as
follows:
Of Decorum and Debate
When any Member desires to speak or deliver any matter to
the House he shall rise and respectfully address himself to
``Mr. Speaker,'' and, on being recognized, may address the
House from any place on the floor or from the Clerk's desk, and
shall confine himself to the question under debate, avoiding
personality.
The words objected to and which have been taken down and read
from the Clerk's desk very patently violate the rule, because the
words alleged do involve matters of personal reference and
personality.
On Dec. 20, 1943,(1) debate took place as follows in the
House, Speaker pro tempore John W. McCormack, of Massachusetts,
presiding:
---------------------------------------------------------------------------
1. 89 Cong. Rec. 10922, 10923, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Adoph J.] Sabath [of Illinois]: Mr. Speaker, the original
bill in the last Congress was introduced by the gentleman from West
Virginia [Mr. Ramsey] and finally approved by the secretaries of
the various States who sent a delegation down here. It was opposed
then by the gentleman from Mississippi [Mr. Rankin]; nevertheless,
the vast majority of the Members voted for it. The present bill
that the gentleman from Mississippi charges was written by someone,
he does not know whom, was introduced by me. . . .
I said that I did not care whether it was my bill, his bill, or
any bill [when I appeared before the committee]; but that it should
be a bill that will give them the right to vote and not a bill that
will deprive them of that great privilege as the gentleman from
Mississippi is trying to do.
Mr. [John E.] Rankin: Mr. Speaker, I demand that those words be
taken down. I make the point of order that his statement is false
and slanderous. I demand that those words be taken down.
Mr. Sabath: I demand that those words be taken down. . . .
The Speaker Pro Tempore: The Chair has instructed that the
words demanded to be taken down be read, and when they are ready
the Clerk will report them.
The Clerk read as follows:
Mr. Sabath: I said I did not care whether it was my bill,
his bill, or any bill, but a bill that will give them the right
to vote and not a bill that will deprive them of that great
privilege as the gentleman from Mississippi is trying to do.
[[Page 530]]
Mr. Rankin: Mr. Speaker, I make the point of order that those
words violate the rules of the House, and, so far as my denouncing
them as false is concerned, I am clearly within the rules of the
House, as has been demonstrated here and pointed out time and time
again.
When any Member rises on the floor and makes a false statement,
any other Member has the right to say that that statement is false;
and when that statement is slanderous, any gentleman is within the
rules of the House when he says so.
Mr. Sabath: Mr. Speaker, I do not think it is necessary for me
to answer the gentleman from Mississippi.
Mr. [Ralph E.] Church [of Illinois]: Mr. Speaker, the regular
order.
Mr. Sabath: His own statement shows he is wrong.
The Speaker Pro Tempore: The Chair is prepared to rule. There
are several ways of averting a ruling on this matter, but the Chair
is prepared to rule, neither gentleman having asked unanimous
consent that the remarks be withdrawn. . . .
The Chair feels that the question is very close to the line,
but does transgress the rules when the gentleman from Illinois used
the words ``deprive them'' in that those words tend to impugn the
motives of the gentleman from Mississippi. . . .
So far as the remarks made by the gentleman from Mississippi
are concerned, the Chair has no difficulty in ruling that those
words clearly transgress the rules of the House, and the Chair so
rules on both statements made, taken down, and reported by the
Clerk.
On Jan. 31, 1946,(2) debate took place as follows:
---------------------------------------------------------------------------
2. 92 Cong. Rec. 675, 676, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Emanuel] Celler [of New York]: I wish, if I may be
permitted, to answer my own question. The Case bill does return to
those very dark and murky days; and, to quote the Bible, ``as a dog
returneth to his vomit, so a fool returneth to his folly.''
Mr. [Clark E.] Hoffman [of Michigan]: Now, wait a minute. Mr.
Chairman, I object to those words. I ask that those words be taken
down as unparliamentary language.
Mr. Celler: But I quoted the Bible.
The Chairman [Frank L. Chelf, of Kentucky]: What words does the
gentleman object to?
Mr. Hoffman: Where he said we would be like a dog returning to
his vomit if we defeated this bill.
Mr. Cellar: I said the Case bill. That is a quotation from the
Bible
Mr. Hoffman: The gentleman can quote more Scripture to his
purpose than anyone else.
The Chairman: The Chair rules this all out of order. The Clerk
will take down the words objected to.
Mr. Celler: Mr. Chairman, I demand that the words of the
gentleman from Michigan be taken down. He said I quoted Scripture
to my own purpose, like the devil.
Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I rise to
a point of order. When a demand is made to take down a Member's
words, that Member has no right to the floor until the matter has
been settled.
[[Page 531]]
The Chairman: All gentlemen will take their seats. . . .
The Committee will rise.
Accordingly, the committee rose; and The Speaker . . . resumed
the chair.
The Speaker [Sam Rayburn, of Texas]: The Clerk will report the
words objected to. . . .
The Chair does not know all that happened before the language
objected to was used, but the name of no Member is mentioned. In
the words taken down the gentleman was giving his opinion of a
measure before the House. The Chair would be compelled to hold that
the language is not unparliamentary.
Controlling References to Nonmembers
Sec. 7.10 In preserving order in the House, the Chair determines
whether words taken down, as reported by the Committee of the
Whole, are out of order before further business is undertaken.
On Jan. 18, 1930,(3) during a debate on the enforcement
of legislation regulating the sale of alcoholic beverages, the
following remarks were made:
---------------------------------------------------------------------------
3. 72 Cong. Rec. 1905-07, 71st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [William I.] Sirovich [of New York]: I personally believe
in the rigid enforcement of the prohibition law. I want every wet
and dry to respect it in this country; but does not the gentleman
believe that when a coast guard finds a man violating the
prohibition law and the man flees, or he shoots at him, he should
shoot two or three times above him and beside him and around him to
show that the Government is sincere, and then, if he does not stop,
to enforce the law as it should be enforced? . . .
Mr. [Carroll L.] Beedy [of Maine]: I know that no warning gun,
if the gentleman is referring to the Black Duck incident, was fired
before the gun was fired which resulted in the loss of life. . . .
Mr. [Fiorello H.] LaGuardia [of New York]: The gentleman knows
that that is just the difficulty. The moment the Government officer
does act that way he is removed from the state court and brought
before one of our own commissioners and then discharged. That is
the difficulty.
Mr. [Charles H.] Sloan [of Nebraska]: That is a distinct charge
against the judicial system of this country, which is not valid.
Mr. [Adolph J.] Sabath [of New York]: It is true. Instead of
being prosecuted, he is being defended by the district attorneys in
each and every instance.
Mr. Sloan: I challenge the gentleman's general charge against
the integrity of the courts of the United States.
Mr. Beedy: Mr. Chairman, I rise to a point of order.
The Chairman [Bertrand H. Snell, of New York]: The gentleman
will state it.
Mr. Beedy: I ask that the remarks of the gentleman from
Illinois be taken down. . . .
The Chairman: The Clerk will read the words taken down.
[[Page 532]]
The Clerk read as follows:
Mr. Sabath: It is true. Instead of being prosecuted he is being
defended by district attorneys. . . .
Accordingly the Committee rose; and the Speaker pro tempore
[Mr. Tilson] . . . resumed the Chair. . . .
Mr. [William B.] Bankhead [of Alabama]: Mr. Speaker, a
parliamentary inquiry.
The Speaker Pro Tempore [John Q. Tilson, of Connecticut]: The
gentleman will state it.
Mr. Bankhead: As I understand the rule, when the procedure has
gone as far as it has in this instance, under the rule it is the
primary duty of the Speaker, before any further procedure can be
taken, to determine whether or not the words so reported are in
themselves out of order.
The Speaker Pro Tempore: The Chair is ready to rule.
Mr. Beedy: Mr. Speaker, they are not all the words I asked to
be taken down.
The Speaker Pro Tempore: The Chair can only rule on the words
reported to the House by the Chairman of the Committee of the Whole
House.
The present occupant of the Chair can see nothing
objectionable, from a parliamentary standpoint, in the remarks
reported.
The Committee will resume its session.
Sec. 7.11 It is considered within the authority of the Speaker in
preserving order on the House floor to rule on whether words spoken
in reference to persons other than present Members are
unparliamentary.
On Nov. 15, 1945,(4) debate took place in the House as
follows:
---------------------------------------------------------------------------
4. 91 Cong. Rec. 10735, 10736, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Andrew J.] Biemiller [of Wisconsin]: Mr. Speaker, it is
now more than 6 months since VE-day and more than 3 months after
VJ-day. Six months ago, we expected when this happy event arrived
we would see an immediate rush to peacetime activities, giving jobs
to former war workers and soldiers, making things we all
need. . . .
Yet, some of our people are so misinformed they cry Communist
at every measure with the slightest touch of liberalism, at every
person who has had a new idea since 1860. In so doing, they bring
more opprobrium on themselves than on the cause or the individuals
they attack. The gentleman from Mississippi, for instance, is well
known for his ability to see a Communist in every woodpile. Only
the other day it was reported in the Pathfinder magazine for
October 31 that he stated at a committee hearing that he regarded
Abraham Lincoln as a Communist.
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a point of
order. I called the Pathfinder up and they apologized and said that
the man who wrote that took my statement and reversed it. When the
leader of the Communist Party, William Z. Foster, talked about
Lincoln as being a Communist, I said, ``As a Southern Democrat, I
resent your branding Abraham Lincoln as a Communist.'' Now, please
[[Page 533]]
do not get your information from those Communists about me but stay
by the record while you are discussing me on this floor.
Mr. Biemiller: Mr. Speaker, I am delighted to have the record
show there is at least one liberal in the past century that Mr.
Rankin does not consider as a Communist.
Mr. Rankin: Mr. Speaker, I demand that those words be taken
down. . . .
The Speaker: [Sam Rayburn, of Texas]: The Clerk will report the
words the gentleman from Mississippi has demanded be taken down. .
. .
Mr. Rankin: Mr. Speaker, I would like to be heard on the point
of order.
The Speaker: This is not a point of order. These are words
taken down on the demand of the gentleman from Mississippi.
The Chair does not find anything in the language that is
contrary to the rules of the House or is unparliamentary.
Mr. Rankin: Mr. Speaker, the point of order is this: That,
taken in the light of his previous statements, where he falsely
accused me of making a statement with reference to Abraham Lincoln
that was exactly opposite from what I did say, his utterance was a
violation of the rules of the House.
The Speaker: Even if the gentleman had given his opinion that
Mr. Lincoln was a Communist, that would not have been a violation
of the rules of the House.
Controlling Reading of Papers
Sec. 7.12 In preserving order on the House floor, the Speaker puts the
question to the House when objection is heard to a unanimous-
consent request to allow a Member to read papers on the floor.
On Oct. 24, 1945,(5) a Member attempted to read some
papers to the house:
---------------------------------------------------------------------------
5. 91 Cong. Rec. 10031, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Hugh] De Lacy [of Washington]: Mr. Speaker, the gentleman
from New York has made a very able statement of some of the general
issues involved in this discussion today. I would like to discuss
some aspects of the freedom of the air.
When the House Committee on Un-American Activities requested
the scripts of certain American radio commentators--
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a point of
order.
The Speaker: [Sam Rayburn, of Texas]: The gentleman will state
it.
Mr. Rankin: A Member who has the floor has to get unanimous
consent to read. Now they can all read that stuff in the papers
tomorrow. I read it this morning. I make the point of order that he
has no right to get up here and read that stuff and take up the
time of the Congress without unanimous consent.
The Speaker: If anybody objects to the reading, the question
can be put to the House and the House can decide.
Mr. Rankin: I object to its reading. It has all been
distributed and everybody is familiar with it.
The Speaker: The question is, Shall the gentleman from
Washington be permitted to read the statement?
[[Page 534]]
The question was taken; and the Speaker announced that the ayes
had it.
The Speaker: The gentleman from Washington may proceed.
Controlling Members' Floor Movements
Sec. 7.13 In preserving order on the House floor, the Chair may rule a
Member out of order when he stands by or walks about another Member
who has the floor in debate.
On Mar. 5, 1936,(6) debate took place in the Committee
of the Whole as follows:
---------------------------------------------------------------------------
6. 80 Cong. Rec. 3376, 74th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Thomas L.] Blanton [of Texas]: Mr. Chairman, I rise in
opposition to the amendment. If our friend from Washington [Mr.
Zioncheck] had looked up the data on this bill and the hearings he
would not have offered the amendment or made his speech. In the
first place, instead of being $60,000 for lights, he will find it
is only $25,000, and page 37 of the estimates shows that.
Mr. Zioncheck rose.
Mr. Blanton: I do not want to be interrupted.
Mr. [Marion A.] Zioncheck [of Washington]: I am not asking the
gentleman to yield.
Mr. Blanton: I do not want to be interrupted, and I ask the
Chair to rule whether or not the gentleman from Washington is in
order.
Mr. Zioncheck: I am not asking the gentleman to yield. I am
just standing here doing nothing. Has the gentleman got a complex?
Mr. Blanton: Will the Chair rule whether or not the gentleman
is in order.
The Chairman [William L. Nelson, of Missouri]: He is not in
order.
Mr. Zioncheck: Mr. Chairman, a point of order.
The Chairman: Will the gentleman kindly take his seat?
Mr. Zioncheck: Mr. Chairman, a point of order.
The Chairman: The gentleman will state it.
Mr. Zioncheck: I was doing nothing; he brings this up; and I
think the Chair cannot rule on something which does not exist.
The Chairman: The Chair rules that the gentleman from
Washington must be in his seat when the other gentleman has the
floor.
Mr. Zioncheck: In other words, I am supposed to sit down?
The Chairman: Yes.
Sec. 7.14 In preserving order on the House floor, the Chair may rule
that a Member is out of order if, when propounding a question to a
Member speaking from the well of the House, he does so from the
well rather than from the House seats.
On Mar. 7, 1957,(7) debate took place in the Committee
of the Whole as follows:
---------------------------------------------------------------------------
7. 103 Cong. Rec. 3268, 85th Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 535]]
Mr. August H. Andresen [of Minnesota]: I do not want to yield
for a speech.
Mr. [George H.] Christopher [of Missouri]: I did not come down
to heckle the gentleman.
Mr. August H. Andresen: I will yield for a question, but I
refuse to yield for a speech.
Mr. Christopher: I would like to ask a question.
Mr. [Clare E.] Hoffman [of Michigan]: Mr. Chairman, a point of
order.
The Chairman [Brooks Hays, of Arkansas]: The gentleman will
state it.
Mr. Hoffman: I ask that the well be cleared.
The Chairman: The gentlemen from Michigan makes a point of
order that the well should be cleared. The gentleman will step back
to the seats to ask his question.
Mr. Christopher: I want to ask a question about the 51 million
acre base.
Mr. Hoffman: Mr. Chairman, I insist on my point of order.
The Chairman: The gentleman from Missouri will suspend. We want
to comply strictly with the rules. The gentleman will stand back
out of the well, please while the question is propounded.
Controlling Distribution of
Materials
Sec. 7.15 The Speaker, in preserving order on the House floor, may stop
the distribution to Members of copies of House bills with a
Member's memoranda attached thereto.
On Aug. 16, 1935,(8) a parliamentary inquiry was
addressed to Speaker Joseph W. Byrns, of Tennessee:
---------------------------------------------------------------------------
8. 79 Cong. Rec. 13433, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Claude A.] Fuller [of Arkansas]: Mr. Speaker, I rise to a
parliamentary inquiry. I just sent a page for the bill under
consideration, H.R. 9100, and received the copy which I have in my
hand. At the top of the bill, pasted onto it is a pink slip, and on
that pink slip in typewriting are the words:
Bituminous-coal as amended and reprinted--controversial
phases largely eliminated. Two-thirds of tonnage output
operators favor bill, and more than 95 percent of labor.
My inquiry is to know whether it is proper for anybody to paste
such a thing as that on a document of the House and whether it is
proper for it to be circulated in the House. This is the first time
in my experience that I have ever seen any advertisement on an
official document or bill pending in the House. I rise for the
purpose of ascertaining how it came there and whether or not it is
proper to be on this bill.
The Speaker: The Chair has no information on the subject. Where
did the gentleman get his copy of the bill?
Mr. Fuller: From a page. I send this copy to the desk so that
the Speaker may examine it.
Mr. [J. Buell] Snyder [of Pennsylvania]: I can tell the
gentleman how that came there.
The Speaker: The gentleman may state.
[[Page 536]]
Mr. Snyder: Mr. Speaker, I had so many of these bills sent to
my office, and with my secretarial help we wrote those words on
that pink slip and pasted the slip on the bill. That is how that
happens to be there. I sent copies of these bills with the slip on
them to those interested and sent some of them to the desk back
here, to be handed out upon request. It is altogether fitting and
proper that I should do so. . . .
The Speaker: The Chair knows of no rule or authority for
inserting a statement like that to which the gentleman has called
attention on a bill, and the Chair instructs the pages of the House
not to distribute any more bills carrying this sort of inscription
to Members on the floor of the House.
Controlling Use of the Hall
Sec. 7.16 It is considered within the authority of the Speaker to rule
that Members may not use the Chamber of the House to entertain
groups of people.
On Feb. 14, 1955,(9) Speaker Sam Rayburn, of Texas, made
the following statement:
---------------------------------------------------------------------------
9. 101 Cong. Rec. 1512, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a statement on the use
of the Hall of the House of Representatives. . . .
A great many Members have asked the Parliamentarian and the
present occupant of the chair about the use of the Hall of the
House of Representatives. At any time in the future when any Member
desires to entertain a group except Members of the House of
Representatives it will be held that the caucus room is open for
that purpose, but not the Hall of the House of
Representatives.(10)
---------------------------------------------------------------------------
10. As to the Hall of the House, see Ch. 4, supra.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 8. Preserving Order in the House Galleries
The Speaker's jurisdiction, duties, and powers to preserve order in
the House galleries are derived from the House rules and precedents.
This section gives examples of both.(11)
---------------------------------------------------------------------------
11. See Ch. 4, supra, for fuller treatment of the Speaker's control of
the House galleries.
---------------------------------------------------------------------------
Under House rules the Speaker has control of the order and decorum
of the House galleries,(12) the allocation of space in and
the issuance of passes to the galleries,(13) and the
regulation of the press galleries.(14)
---------------------------------------------------------------------------
12. Rule I clause 2, House Rules and Manual Sec. 622 (1973).
13. Rule XXXIII, House Rules and Manual Sec. 922 (1973).
14. Rule XXIV clauses 2 and 3, House Rules and Manual Sec. Sec. 930 and
930a (1973).
---------------------------------------------------------------------------
The Speaker has ordered an offending visitor out of the House
[[Page 537]]
galleries(15) and has had all of the galleries
cleared.(16) The Speaker has prescribed the manner of
obtaining admission to the galleries(17) and has admonished
visitors about improper demonstrations.(18)
---------------------------------------------------------------------------
15. See Sec. 8.4, infra.
16. See Sec. Sec. 8.2, 8.5, infra.
17. See Sec. 8.1, infra.
18. See Sec. 8.3, infra.
---------------------------------------------------------------------------
The Speaker has also directed the press gallery to report to him,
after an infraction of regulations, what remedial measures it would
take to prevent future infractions.(19)
---------------------------------------------------------------------------
19. See Sec. 8.6, infra. -------------------
---------------------------------------------------------------------------
Controlling Admission to
Gallery
Sec. 8.1 It is considered within the authority of the Speaker to
regulate the manner by which guests may be permitted to enter the
House gallery.
On Feb. 23, 1942,(20) Speaker Sam Rayburn, of Texas,
spoke concerning his responsibility for the protection of the Members
of the House:
---------------------------------------------------------------------------
20. 88 Cong. Rec. 1524, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: One of the responsibilities of the Speakership is
the protection of the Members and the places in which they work.
This responsibility, of course, is a little more anxious one right
now than in ordinary times, and anything that is done or any
regulation that is issued is issued after the best and most
competent advice the Speaker is able to get.
Some time ago cards were issued and no one was allowed to come
into the gallery without one. These cards have been outstanding for
some time, and I am sorry to say they have been widely distributed,
many of them mailed to distant points in the country. The Chair and
those who advise him have decided that it is best to revoke all
outstanding cards of admission to the galleries. New cards have
been printed and will be distributed to the Members today and
tomorrow, as the cards to the gallery outstanding will not be
honored after Wednesday morning. . . .
Another thing that those who advise me think is highly
advisable is that the people entering any of the galleries, except
the Members' gallery, submit themselves to search. This is thought
wise and judicious by men who will be in the Capitol and who will
be competent for the work.
I hope this may not seem too irksome to some of our people who
may come to Washington. I am willing to take this responsibility
for the reason that if a mishap occurs around the Capitol somebody
has got to take the responsibility, and I am willing to share my
part of it. So I hope the cards that will be issued in lieu of
those outstanding may be handed in Washington to visitors and
constituents of yours and not be mailed around the country.
[[Page 538]]
Sec. 8.2 It is considered within the authority of the Speaker not to
permit visitors in the House galleries under certain circumstances.
On May 10, 1972,(1) Speaker Carl Albert, of Oklahoma,
made the following announcement:
---------------------------------------------------------------------------
1. 118 Cong. Rec. 4331, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a statement.
The Chair has received intelligence from the police force and
other responsible authorities that there will be disturbances in
the gallery today. On the basis of this information and their
recommendation the Chair has ordered that the galleries be closed
to the public for the time being.
Controlling Visitor Behavior
Sec. 8.3 It is considered within the authority of the Chair to admonish
visitors concerning the proper behavior in the House galleries.
On July 31, 1969,(2) a point of order was raised
concerning the behavior of visitors in the House gallery.
---------------------------------------------------------------------------
2. 115 Cong. Rec. 21634, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John E.] Moss [Jr., of California]: Mr. Chairman, I make
the point of order that the galleries are not in order and that the
applause is in violation of the rules of the House and must stop.
The Chairman [Chet Holifield of California]: The point of order
is well taken.
The Chair will state that visitors in the gallery are guests of
the House of Representatives. Under the rules and practices of the
House of Representatives, visitors in the gallery are not permitted
to make undue noise or to applaud or to in any way show their
pleasure or displeasure as to the actions of the Members of the
House.
Sec. 8.4 The Speaker may order the removal of a person who is taking
pictures of the House from the gallery without permission of the
House.
On Feb. 22, 1950,(3) Speaker Sam Rayburn, of Texas, made
the following statement:
---------------------------------------------------------------------------
3. 96 Cong. Rec. 2152, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair understands there is a camera in the
gallery. Whoever has that camera will remove the camera or remove
themselves and the camera immediately. That is a violation of the
rules of the House.
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a
parliamentary inquiry.
In that case, is it not the rule to clear the gallery?
The Speaker: Not necessarily.
Mr. Rankin: To clear them of those who are violating the law.
The Speaker: The Chair has just made that
suggestion.(4)
---------------------------------------------------------------------------
4. Parliamentarian's Note: In this in stance the Doorkeeper of the
House confiscated the film.
---------------------------------------------------------------------------
Sec. 8.5 It is considered within the authority of the Speaker
[[Page 539]]
to clear the House galleries in the case of disorderly
conduct.(5)
---------------------------------------------------------------------------
5. See Rule I clause 2, House Rules and Manual Sec. 622 (1973).
---------------------------------------------------------------------------
On Jan. 18, 1972,(6) the following point of order was
raised:
---------------------------------------------------------------------------
6. 118 Cong. Rec. 92d Con. 2d Sess.
---------------------------------------------------------------------------
Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I demand that
the gallery be cleared.
The Speaker: [Carl Albert, of Oklahoma]: The Chair will not
tolerate demonstrations of approval or disapproval in the
galleries.
Mr. Hall: Mr. Speaker, I make a point of order that our guests
and those in the galleries are not in order. I request that the
gallery be cleared.
The Speaker: The gentleman's point is well taken. The gallery
will be cleared
Controlling Press Galleries
Sec. 8.6 It is considered within the authority of the Speaker, in
preserving order in the House galleries, to direct each of the
press galleries to report to him about what remedial actions will
be taken to prevent infractions of the House rules regarding the
taking of photographs of the House in session.
On Jan. 6, 1969,(7) Speaker John W. McCormack, of
Massachusetts, addressed the press galleries:
---------------------------------------------------------------------------
7. 115 Cong. Rec. 145, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair is troubled over the flagrant violation
by some of the news media of the restrictions on the taking of
pictures during the organization of the House on last Friday.
All segments of the news media were thoroughly familiar with
the rules that taking any pictures--still, moving, TV, or tape--are
prohibited except during the period when the [flood] lights are
turned on.
Some members of the news media who were granted the privilege
of attending the opening session of the 91st Congress and permitted
to bring their cameras into the galleries ignored the restrictions
in complete violation of the agreement upon which they were
admitted.
The Chair is calling this matter to the attention of the news
media galleries and will expect a report from each on the action
taken by them with respect to the violations of the regulations as
well as to what provisions they are making to prevent such
violations in the future.
[[Page 540]]
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 9. Introductory
This subchapter deals with the ``Speaker pro
tempore,''(8) the meaning of the phrase and the general
nature of the office,(9) the oath and term of
office,(10) and the procedures involved in appointing him to
office.(11)
---------------------------------------------------------------------------
8. For previous treatment of the Speaker pro tempore see 6 Cannon's
Precedents Sec. Sec. 263-282; 2 Hinds' Precedents
Sec. Sec. 1377-1418; and references thereunder.
9. See Sec. 10, infra.
10. See Sec. 11, infra.
11. See Sec. Sec. 12-14 infra.
---------------------------------------------------------------------------
Throughout, emphasis is placed on the status of the office of
Speaker pro tempore and on those duties, powers, and functions assumed
by a Speaker pro tempore from a Speaker that are peculiar to the office
of Speaker pro tempore. The responsibilities and functions undertaken
by a Speaker pro tempore merely as the occupant of the Chair, and which
are not peculiar to his office, are found more thoroughly described
elsewhere in this work.
Examples of responsibilities and functions that are within the
scope of authority of a Speaker pro tempore, but which are not peculiar
to the office, are: announcing a Presidential veto;(12)
announcing requests from the Senate;(13) deciding protocol
for joint sessions;(14) answering parliamentary inquiries of
various kinds;(15) proceeding to unfinished
business;(16) putting the question in various
situations;(17) quorum counting;(18) and ruling
on points of order.(19)
---------------------------------------------------------------------------
12. 112 Cong. Rec. 22411, 89th Cong. 2d Sess., Sept. 13, 1966.
13. 107 Cong. Rec. 21453, 87th Cong. 1st Sess., Sept. 26 [legislative
day, Sept. 25], 1961; 107 Cong. Rec. 20822, 87th Cong. 1st
Sess., Sept. 22, 1961; 107 Cong. Rec. 19253, 87th Cong. 1st
Sess., Sept. 13, 1961.
14. 91 Cong. Rec. 1594, 1595, 79th Cong. 1st Sess., Feb. 28, 1945.
15. 114 Cong. Rec. 18330, 18331, 90th Cong. 2d Sess., June 24, 1968;
107 Cong. Rec. 21466, 87th Cong. 1st Sess., Sept. 26
[legislative day, Sept. 25], 1961; 107 Cong. Rec. 20533, 20534,
87th Cong. 1st Sess., Sept. 21, 1961; 90 Cong. Rec. 3128, 78th
Cong. 2d Sess., Mar. 27, 1944.
16. 107 Cong. Rec. 20533, 20534, 87th Cong. 1st Sess., Sept. 21, 1961;
104 Cong. Rec. 13882, 85th Cong. 2d Sess., July 10, 1958.
17. 115 Cong. Rec. 20153, 91st Cong. 1st Sess., July 21, 1969; 109
Cong. Rec. 12120, 88th Cong. 1st Sess., July 2, 1963; 107 Cong.
Rec. 20537, 87th Cong. 1st Sess., Sept. 21, 1961.
18. 106 Cong. Rec. 11830, 86th Cong. 2d Sess., June 3, 1960.
19. 104 Cong. Rec. 13882, 85th Cong. 2d Sess., July 10, 1958. See also
107 Cong. Rec. 18242, 18243, 87th Cong. 1st Sess., Sept. 6,
1961; 94 Cong. Rec. 5065, 80th Cong. 2d Sess., Apr. 29, 1948.
---------------------------------------------------------------------------
[[Page 541]]
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 10. Definition and Nature of Office
The ``Speaker pro tempore''(1) is the title of the
office (1) of the Member designated as such by the
Speaker,(2) or (2) of the Member designated by the Speaker
and approved by the House, or (3) of the person elected by the House to
act as and to assume certain of the duties, powers, and functions of
the Speaker during the Speaker's absence.(3)
---------------------------------------------------------------------------
1. ``Pro tempore'' is a Latin phrase meaning ``for the moment'' or
``for a time.''
Parliamentarian's Note: The Speaker pro tempore is more
usually referred to in conversation as the ``Speaker pro tem,''
which is acceptable in conversation, though not the official
title. ``Pro tem'' has the same meaning as ``pro tempore.''
2. Or, on occasions, by a Speaker pro tempore. See Sec. Sec. 12.3,
12.4, infra.
3. Even though the Clerk sometimes assumes some of the duties, powers,
and functions of the Speaker when the Speaker is not yet
elected or is absent, he is not considered a Speaker pro
tempore. See Sec. 18, infra, for treatment of the office of
Clerk.
---------------------------------------------------------------------------
The Speaker pro tempore should also be distinguished from the
Chairman or Chairman pro tempore of the Committee of the Whole. See Ch.
19, infra.
The primary rule involving the Speaker pro tempore is Rule I clause
7, House Rules and Manual Sec. 633 (1973). It states: ``He [the
Speaker] shall have the right to name any Member to perform the duties
of the Chair, but such substitution shall not extend beyond three
legislative days: Provided, however, That in the case of his [the
Speaker's] illness, he may make such appointment for a period not
exceeding ten days, with the approval of the House at the time the same
is made; and in his [the Speaker's] absence and omission to make such
appointment, the House shall proceed to elect a Speaker pro tempore to
act during his absence.''
The Speaker pro tempore is usually a Member who is a leader in the
majority party.(4) A minority party member is designated
Speaker pro tempore only on rare ceremonial occasions.(5)
---------------------------------------------------------------------------
4. Party Organization generally, see Ch. 3, supra.
5. See Sec. 12.7, infra.
---------------------------------------------------------------------------
Speakers pro tempore are distinguishable by whether they are
designated, designated and approved, or elected. The kinds of duties,
powers, and functions assumed by a Speaker pro tempore depend, more
often than not, on the type of Speaker pro tempore
involved.(6)
---------------------------------------------------------------------------
6. See Sec. Sec. 12.8-12.16 (designated), 13.1, 13.2 (designated and
approved), and 14.8-14.16 (elected), infra.
---------------------------------------------------------------------------
[[Page 542]]
It should be noted, however, that there are also situations,
usually noncontroversial ones, in which actions undertaken by a Speaker
pro tempore are not dependent on the type of Speaker pro tempore
involved. Examples of these actions are: calling the House to order in
the absence of the Speaker;(7) announcing matters involving
actions of the Speaker;(8) and designating another Speaker
pro tempore.(9)
---------------------------------------------------------------------------
7. See Sec. 12.15 (designated); and the illustration under Sec. 14.12
(elected), infra.
8. See illustrations under Sec. 12.2 (designated), infra; and 109
Cong. Rec. 25591, 88th Cong. 1st Sess., Dec. 27, 1963; and 108
Cong. Rec. 12705, 87th Cong. 2d Sess., July 5, 1962 (elected).
9. See illustrations under Sec. Sec. 14.1 (designated); 12.3
(elected), infra.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 11. Oath of Office; Term of Office
The Members' oath of office(10) is administered to an
elected Speaker pro tempore,(11) and, under recent
precedent,(12) to a designated and approved Speaker pro
tempore, but not to a designated Speaker pro tempore.(13)
---------------------------------------------------------------------------
10. The oath prescribed by statute, 5 USC Sec. 3331, is as follows:
``I, A B, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion, and that
I will well and faithfully discharge the duties of the office
on which I am about to enter. So help me God.''
11. See Sec. 11.1, infra.
Parliamentarian's Note: The additional oath is the same one
administered to Members, since the formal language of it is
applicable to any office to which a Member is about to enter.
See 5 USC Sec. 3331.
12. See Sec. Sec. 11.2, 11.3, infra.
13. For previous treatment of the oath of office of the Speaker pro
tempore see 1 Hinds' Precedents Sec. 229, 2 Hinds' Precedents
Sec. Sec. 1386, 1394; 6 Cannon's Precedents Sec. Sec. 274, 280.
Parliamentarian's Note: For reasons of efficiency a
designated Speaker pro tempore is not administered the oath of
office as Speaker pro tempore, even though upon his designation
he also assumes a new office. The elected and the designated
and approved Speakers pro tempore are administered the oath
because they assume not only a new office but also new duties,
e.g., the signing, in the place of the Speaker, of enrolled
bills and joint resolutions.
---------------------------------------------------------------------------
The oath of office as Speaker pro tempore is administered by the
Speaker if he is present(14) or by a Member chosen by the
elected,(15) or designated and ap
[[Page 543]]
proved,(16) Speaker pro tempore when the Speaker is absent.
---------------------------------------------------------------------------
14. See Sec. 11.4, infra.
15. See Sec. 11.5, infra.
16. See Sec. 11.6, infra.
---------------------------------------------------------------------------
The term of office of a Speaker pro tempore can be for various time
periods under various circumstances. For example, the substitution may
be: momentary,(17) for the day,(18) for a future
specified day,(19) for two continuous days,(20)
for two separate days,(1) for three legislative
days,(2) for the balance of a week,(3) for more
than three days with approval of the House,(4) or during the
absence of the Speaker.(5)
---------------------------------------------------------------------------
17. See Sec. 11.7, infra.
18. See Sec. 11.8, infra.
19. See Sec. 11.9, infra.
20. See Sec. 11.10, infra.
1. See Sec. 11.11, infra.
2. See Sec. 11.12, infra, and Rule I clause 7, House Rules and Manual
Sec. 633 (1973).
3. See Sec. 11.13, infra.
4. See Sec. 11.14, infra; Rule I clause 7, House Rules and Manual
Sec. 633 (1973).
5. See Sec. 11.15, infra; Rule I clause 7, House Rules and Manual
Sec. 633 (1973).
---------------------------------------------------------------------------
The term of office does not begin until the chosen Member has
accepted the office.(6) The term of office ordinarily ends
when the Speaker resumes the Chair.(7)
---------------------------------------------------------------------------
6. See Sec. 11.16, infra.
7. See Sec. 11.14, infra. -------------------
---------------------------------------------------------------------------
Oath of Office
Sec. 11.1 Besides his oath as a Member, an elected Speaker pro tempore
is also administered an oath of office as Speaker pro tempore.
On Nov. 18, 1963,(8) Speaker John W. McCormack, of
Massachusetts, designated Representative Carl Albert, of Oklahoma,
Speaker pro tempore while the Speaker journeyed to Boston upon the
death of his brother. A resolution was introduced to elect Mr. Albert
Speaker pro tempore during the absence of the Speaker. The resolution
was agreed to and Mr. Albert took the oath of office as Speaker pro
tempore.
---------------------------------------------------------------------------
8. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 11.2 Besides his oath as a Member, a designated Speaker pro
tempore who is approved by the House is administered the oath of
office as Speaker pro tempore, according to recent precedent.
On Feb. 24, 1949,(9) a resolution was introduced
indicating the approval of the House of the designation of
Representative John W. McCormack, of Massachusetts, as Speaker pro
tempore. Upon
[[Page 544]]
agreement to the resolution, Representative McCormack was administered
the oath of office as Speaker pro tempore.
---------------------------------------------------------------------------
9. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 11.3 A designated Speaker pro tempore who is approved by the House
has not always been administered the oath of office as Speaker pro
tempore.
On Apr. 7, 1930,(10) Speaker Nicholas Longworth, of
Ohio, designated a Speaker pro tempore and the House approved the
designation. No additional oath of office was administered, according
to the Congressional Record.
---------------------------------------------------------------------------
10. 72 Cong. Rec. 6661, 71st Cong. 2d Sess.
---------------------------------------------------------------------------
Administration of Oath by Speaker
Sec. 11.4 An elected Speaker pro tempore is administered his oath of
office by the Speaker when the Speaker is present.
On Aug. 15, 1941,(11) Speaker Sam Rayburn, of Texas,
invited the election of a Speaker pro tempore and subsequently
administered him the oath of office.
---------------------------------------------------------------------------
11. 87 Cong. Rec. 7194, 7195, 77th Cong. 1st Sess.
---------------------------------------------------------------------------
On Mar. 22, 1949,(12) Speaker Rayburn stated that it was
necessary for him to be absent for a few days on important business. A
resolution was introduced to elect Representative John W. McCormack, of
Massachusetts, Speaker pro tempore. Upon passage of the resolution, the
Speaker administered the oath to Mr. McCormack as Speaker pro
tempore.(13)
---------------------------------------------------------------------------
12. 95 Cong. Rec. 2968, 81st Cong. 1st Sess.
13. Parliamentarian's Note: The Congressional Record does not
explicitly refer to the Speaker's administering the oath, but
such did in fact take place.
---------------------------------------------------------------------------
Administration of Oath by Member
Sec. 11.5 An elected Speaker pro tempore designates a Member to
administer the oath to him in the absence of the Speaker.
On Apr. 2, 1940(14) Speaker William B. Bankhead, of
Alabama, invited an election of a Speaker pro tempore. On the day next
following the election of Representative Sam Rayburn, of Texas, as
Speaker pro tempore, in the absence of the Speaker, Mr. Rayburn asked
Representative John W. McCormack, of Massachusetts, to administer to
him the oath of office:
---------------------------------------------------------------------------
14. 86 Cong. Rec. 3925, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: . . . The present occupant of the
chair re
[[Page 545]]
quests the gentleman from Massachusetts [Mr. McCormack] to
administer the oath of office as Speaker pro tempore.
Mr. McCormack appeared at the well of the House and
administered the oath. . . .
On Jan. 10, 1966,(15) Speaker John W. McCormack, of
Massachusetts, designated Representative Carl Albert, of Oklahoma,
Speaker pro tempore while the Speaker journeyed to Boston upon the
death of his brother. A resolution was introduced to elect Mr. Albert
Speaker pro tempore during the absence of the Speaker. The resolution
was agreed to and Mr. Albert asked the Dean of the House,
Representative Emanuel Celler, of New York, to administer the oath of
office.(16)
---------------------------------------------------------------------------
15. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
16. Parliamentarian's Note: The Congressional Record does not
explicitly refer to Mr. Albert's designation of Mr. Celler to
administer the oath, but such did in fact take place.
---------------------------------------------------------------------------
Sec. 11.6 A designated Speaker pro tempore who is approved by the House
and who is administered the oath of office as Speaker pro tempore
may designate the Member to administer him the oath of office.
On Feb. 24, 1949,(17) a resolution was introduced
indicating the approval of the House of the designation of Hon. John W.
McCormack, of Massachusetts, as Speaker pro tempore. Once approved the
Speaker pro tempore designated a Member to administer him the oath of
office.
---------------------------------------------------------------------------
17. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Terms of Office
Sec. 11.7 A term of office of a Speaker pro tempore may be only
momentary.
On Apr. 15, 1958,(18) designated Speaker pro tempore
John W. McCormack, of Massachusetts, himself designated Representative
Carl Albert, of Oklahoma, as Speaker pro tempore during the election of
Mr. McCormack as Speaker pro tempore during the absence of Speaker Sam
Rayburn, of Texas.
---------------------------------------------------------------------------
18. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
On Nov. 18, 1963,(19) designated Speaker pro tempore
Albert, who
[[Page 546]]
was about to be elected as Speaker pro tempore, himself designated
another Speaker pro tempore during the election.
---------------------------------------------------------------------------
19. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
Parliamentarian's Note: On Nov. 17, 1963, Speaker
McCormack's brother died in Boston. On Nov. 18 Speaker
McCormack in writing designated the Honorable Carl Albert to
act as Speaker pro tempore for the day. The Speaker remained in
Boston until Nov. 21. Although the Congressional Record does
not explicitly refer to it, the momentary designation of Hale
Boggs (La.) as Speaker pro tempore during the election of Mr.
Albert as Speaker pro tempore during the absence of the Speaker
did in fact take place. Immediately upon the laying on the
table of a motion to reconsider the resolution electing Mr.
Albert, Mr. Boggs left the Chair and Mr. Albert resumed it.
---------------------------------------------------------------------------
On Jan. 10, 1966,(20) Speaker John W. McCormack, of
Massachusetts, designated Representative Carl Albert, of Oklahoma, as
Speaker pro tempore for the day in writing.(21) During Mr.
Albert's election as Speaker pro tempore, he designated another Speaker
pro tempore to preside over the House momentarily during the election:
---------------------------------------------------------------------------
20. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
21. Parliamentarian's Note: Since the duration of the Speaker's absence
was uncertain it was considered essential to elect a Speaker
pro tempore.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The Chair requests the gentleman from
Louisiana [Mr. Boggs] to assume the chair.
Mr. Boggs assumed the chair as Speaker pro tempore.
The Speaker Pro Tempore (Mr. [Hale] 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 and 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.
On Sept. 27 (legislative day, Sept. 25), 1961,(1) the
Speaker pro tempore John W. McCormack, of Massachusetts, momentarily
designated Representative Carl Albert, of Oklahoma, as Speaker pro
tempore during the comments of Mr. McCormack on the accomplishments of
the session.
---------------------------------------------------------------------------
1. 107 Cong. Rec. 21545, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 11.8 A term of office of a Speaker pro tempore may be for the day.
On Nov. 25, 1963,(2) Speaker John W. McCormack, of Massa
[[Page 547]]
chusetts, designated a Speaker pro tempore for the day.
---------------------------------------------------------------------------
2. 109 Cong. Rec. 22694, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker pro tempore laid before the House the following
communication from the Speaker:
The Speaker's Room,
November 25, 1963.
I hereby designate the Honorable Jim Wright to act as
Speaker pro tempore today.
John W. McCormack,
Speaker.
Sec. 11.9 A Speaker pro tempore may be designated for one specific day
in the future.
On Jan. 19, 1965,(3) Speaker John W. McCormack, of
Massachusetts, designated Representative Emanuel Celler, of New York,
to act as Speaker pro tempore when the House convened on Jan. 20, 1965,
preceding the inaugural ceremonies:
---------------------------------------------------------------------------
3. 111 Cong. Rec. 946, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair designates the Honorable Emanuel Celler,
of New York, to act as Speaker pro tempore tomorrow, January 20,
1965.
Sec. 11.10 The term of office of a Speaker pro tempore may be for a
specified and continuous two day period.
On May 7, 1956,(4) a Speaker pro tempore was designated
by Speaker Sam Rayburn, of Texas, for a specific two-day period.
---------------------------------------------------------------------------
4. 102 Cong. Rec. 7588, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker pro tempore laid before the House the following
communication from The Speaker:
May 7, 1956.
I hereby designate the Honorable John W. McCormack to act
as Speaker pro tempore on May 7 and 8, 1956.
Sam Rayburn,
Speaker.
Sec. 11.11 The term of office of a Speaker pro tempore may be for two
separate days in the future.
On Oct. 29, 1942,(5) Speaker Sam Rayburn, of Texas,
designated a Speaker pro tempore to serve as Speaker on two specified
days during intermittent adjournment of the House.
---------------------------------------------------------------------------
5. 88 Cong. Rec. 8688-90, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I ask unanimous
consent that when the House adjourns today it stand adjourned until
Monday next, that when the House adjourns on Monday next it stand
adjourned until Thursday, November 5, and that when the House
adjourns on Thursday, November 5, it stand adjourned until the
following Monday, November 9.
The Speaker: Without objection, it is so ordered.
There was no objection. . . .
The Speaker: The Chair designates the gentleman from Tennessee
[Mr. Cooper] to act as Speaker pro tempore
[[Page 548]]
on Monday, November 2, and Thursday, November 5.
Sec. 11.12 The term of office of a Speaker pro tempore may be for three
legislative days.
On Mar. 11, 1940,(6) Speaker William B. Bankhead, of
Alabama, designated a Speaker pro tempore for a period of three
legislative days in the event of the Speaker's absence:
---------------------------------------------------------------------------
6. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Speaker: In the event of the absence of The Speaker for the
next 3 legislative days, the Chair designates the gentleman from
Texas [Mr. Rayburn] as the Speaker pro tempore.
Sec. 11.13 The term of office of a Speaker pro tempore may be for the
balance of a week.
On Thursday, Apr. 29, 1948,(7) Speaker Joseph W. Martin,
Jr., of Massachusetts, made the following announcement:
---------------------------------------------------------------------------
7. 94 Cong. Rec. 5036, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair wishes to state that he appoints as
Speaker pro tempore for the balance of the week the Honorable
Charles A. Halleck, of Indiana.
Sec. 11.14 The term of office of a Speaker pro tempore may be for more
than three days, where the House gives its approval.
On Apr. 7, 1930,(8) Speaker Nicholas Longworth, of Ohio,
made the following announcement:
---------------------------------------------------------------------------
8. 72 Cong. Rec. 6661, 71st Cong. 2d Sess. See also Sec. 12.1, infra.
---------------------------------------------------------------------------
The Chair designates the gentleman from Connecticut [Mr.
Tilson] to act as Speaker pro tempore for 3 days, and the Chair
asks unanimous consent that thereafter, until the return of the
Chair, which will in all probability be on Monday, the gentleman
from Connecticut may be permitted to continue in that office. Is
there objection?
There was no objection.
Sec. 11.15 A term of office of a Speaker pro tempore may be for the
duration of the absence of The Speaker.
On Apr. 15, 1958,(9) a resolution was offered electing
Representative John W. McCormack of Massachusetts, Speaker pro tempore
during the absence of Speaker Sam Rayburn, of Texas.
---------------------------------------------------------------------------
9. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Sec. 11.16 The Speaker, after designating a Member as Speaker pro
tempore, may withdraw the name of that Member before his term
begins and designate another in his place.
On Apr. 2, 1947,(10) Speaker Joseph W. Martin, Jr., of
Massachu
[[Page 549]]
setts, made the following announcement:
---------------------------------------------------------------------------
10. 93 Cong. Rec. 3075, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair wishes to announce that the gentleman
from Michigan [Mr. Michener], whom he has just designated as
Speaker pro tempore on Thursday and Monday next, has illness in his
family which may preclude him from accepting the appointment;
therefore, the Chair withdraws the designation and designates the
gentleman from Indiana [Mr. Halleck] to act as Speaker pro tempore
on Thursday and Monday next.
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 12. Designation of Speaker Pro Tempore
The appointment of a Speaker pro tempore by simple designation--
that is, without formal House approval--is permitted for periods that
do not extend beyond three legislative days.(11) The
Speaker(12) (or Speaker pro tempore)(13) may
orally designate a Member as Speaker pro tempore either in open
House(14) or informally and off the record. The designation
must be in formal writing when the Speaker(15) (or Speaker
pro tempore)(16) cannot be present at the beginning of a
day's session.
---------------------------------------------------------------------------
11. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
12. See Sec. 12.1, infra.
13. See Sec. 12.3, infra.
Parliamentarian's Note: Simple designation of a Speaker pro
tempore is the Speaker's right under Rule I clause 7 of the
House Rules and Manual. From the custom and the practice of the
House, it is presumed that a Speaker pro tempore assumes this
right upon entering the office.
14. See illustrations under Sec. Sec. 12.1, 12.3, infra.
15. See Sec. 12.2, infra.
16. See Sec. 12.4, infra.
---------------------------------------------------------------------------
The Speaker may, likewise, withdraw a designation of someone as
Speaker pro tempore.(17)
---------------------------------------------------------------------------
17. See Sec. 12.6, infra.
---------------------------------------------------------------------------
The designated Speaker pro tempore is characteristically a ``stand-
in'' Speaker. He must ordinarily seek the consent of the House before
carrying out the more sensitive activities that a Speaker would handle
without the House's consent and as a matter of course.(18)
---------------------------------------------------------------------------
18. See Sec. Sec. 12.8-12.14, infra.
---------------------------------------------------------------------------
Examples of the functions assumed by a designated Speaker pro
tempore from the Speaker include: administering the oath of office to a
Member-elect with the consent of the House;(19) appointing
conferees with the unanimous consent of the House;(20)
spreading upon the Journal a veto message from the President with the
consent of the House;(1) referring
[[Page 550]]
Presidential messages to committees with the unanimous consent of the
House;(2) appointing Members to attend funerals by direction
of the Speaker and with the unanimous consent of the
House;(3) and calling the House to order in the absence of
the Speaker.(4)
---------------------------------------------------------------------------
19. See Sec. 12.8, infra.
20. See Sec. Sec. 12.9, 12.10, infra.
1. See Sec. 12.11, infra.
2. See Sec. Sec. 12.12, 12.13, infra.
3. See Sec. 12.14, infra.
4. See Sec. Sec. 12.15, 12.16, infra.
---------------------------------------------------------------------------
Normally, but not always, it is the designated Speaker pro tempore
who is elected Speaker pro tempore during the absence of the Speaker
when certain functions require that the Speaker pro tempore be elected,
and not simply designated.(5)
---------------------------------------------------------------------------
5. See Sec. 12.17, infra.
-------------------
---------------------------------------------------------------------------
Oral Designation by Speaker
Sec. 12.1 A Speaker may orally designate a Speaker pro tempore.
On Apr. 7, 1930,(6) Speaker Nicholas Longworth, of Ohio,
made the following announcement:
---------------------------------------------------------------------------
6. 72 Cong. Rec. 6661, 71st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to prefer a request for
unanimous consent. The Chair has in mind this afternoon to go to
southern climes, frankly, for the purpose of rest and recreation
for a few days. . . .
The Chair designates the gentleman from Connecticut [Mr.
Tilson] to act as Speaker pro tempore for 3 days, and the Chair
asks unanimous consent that thereafter, until the return of the
Chair, which will in all probability be on Monday, the gentleman
from Connecticut may be permitted to continue in that office. Is
there objection?
There was no objection.
Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, I offer a
resolution and ask its immediate consideration.
The Speaker: The gentleman from New York [Mr. Snell] offers a
resolution, which the Clerk will report.
The Clerk read as follows:
Resolved, That the designation of Hon. John Q. Tilson, a
Representative from the State of Connecticut, as Speaker pro
tempore be approved by the House and that the President and the
Senate be notified thereof.
The Speaker: The question is on agreeing to the resolution.
The resolution was unanimously agreed to.
On Mar. 11, 1940,(7) Speaker William B. Bankhead, of
Alabama, made the following announcement:
---------------------------------------------------------------------------
7. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Speaker: In the event of the absence of The Speaker for the
next 3 legislative days, the Chair designates the gentleman from
Texas [Mr. Rayburn] as the Speaker pro tempore.
On Apr. 29, 1948,(8) Speaker Joseph W. Martin, Jr., of
Massachu
[[Page 551]]
setts, made the following announcement:
---------------------------------------------------------------------------
8. 94 Cong. Rec. 5036, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair wishes to state that he appoints as
Speaker pro tempore for the balance of the week the Honorable
Charles A. Halleck, of Indiana
On Sept. 14, 1962,(9) Speaker John W. McCormack, of
Massachusetts, made the following announcement:
---------------------------------------------------------------------------
9. 108 Cong. Rec. 19516, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair will be absent on Monday and Tuesday of
next week and designates as Speaker pro tempore on Monday and
Tuesday the gentleman from Oklahoma, Mr. Albert.
Written Designation by Speaker
Sec. 12.2 A Speaker who is absent at the beginning of a day's session
may designate a Speaker pro tempore in formal writing.
On June 1, 1961,(10) the proceedings below took place in
the House:
---------------------------------------------------------------------------
10. 107 Cong. Rec. 9330, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The House met at 12 o'clock noon and was called to order by the
Speaker pro tempore, Mr. McCormack.
The Speaker Pro Tempore: The Clerk will read the following
communication [from Speaker Rayburn].
The Clerk read as follows:
I hereby designate the Honorable John W. McCormack to act
as Speaker pro tempore today.
Sam Rayburn,
Speaker.
On July 5, 1962,(11) the following action took place in
the House:
---------------------------------------------------------------------------
11. 108 Cong. Rec. 12703, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: (Mr. Albert) laid before the House the
following communication from [Speaker McCormack], which was read:
I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker.
On Dec. 27, 1963,(12) Speaker John W. McCormack, of
Massachusetts, was absent at the beginning of the session and
designated in writing Carl Albert, of Oklahoma, to be Speaker pro
tempore for the day:
---------------------------------------------------------------------------
12. 109 Cong. Rec. 25591, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
The House met at 12 o'clock noon and was called to order by The
Speaker pro tempore (Mr. Albert).
The Speaker Pro Tempore (Mr. Albert): The Clerk will read the
following communication.
The Clerk read as follows:
The Speaker's Rooms
I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker.
[[Page 552]]
Oral Designation by Speaker Pro Tempore
Sec. 12.3 A Speaker pro tempore may orally designate another Speaker
pro tempore.
On Sept. 27 (legislative day, Sept. 25), 1961,(13)
elected Speaker pro tempore John W. McCormack, of Massachusetts, orally
designated Representative Carl Albert, of Oklahoma, as Speaker pro
tempore during Mr. McCormack's comments on the first session of the
87th Congress.
---------------------------------------------------------------------------
13. 107 Cong. Rec. 21545, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Written Designation by a Speaker Pro Tempore
Sec. 12.4 If a Speaker pro tempore is to be absent at the beginning of
a day's session, he may exercise his right to designate another
Speaker pro tempore, but only in writing.
On June 20, 1932,(14) the elected Speaker pro tempore
Henry T. Rainey, of Illinois, designated in writing a Speaker pro
tempore for the day.
---------------------------------------------------------------------------
14. 75 Cong. Rec. 13502, 72d Cong. 1st Sess.
---------------------------------------------------------------------------
The House was called to order at 12 o'clock noon by the Clerk
of the House of Representatives.
The Clerk read the following communication from the Speaker pro
tempore [Mr. Rainey].
The Speaker's Rooms,
House of Representatives of the United States, Washington, D.C.
I hereby designate Hon. William B. Bankhead to act as
Speaker pro tempore today.
Henry T. Rainey,
Speaker pro tempore.
Mr. Bankhead took the Chair as Speaker pro
tempore.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: On June 13, 1932, upon being advised by the
doctor that The Speaker would not be able to attend for several
days, Mr. Crisp (Ga.) offered a resolution electing Mr. Rainey
as Speaker pro tempore. Mr. Crisp administered the oath to Mr.
Rainey as Speaker pro tempore. Mr. Rainey under the terms of
the resolution electing him served as Speaker pro tempore until
June 21 when The Speaker returned to his duties. On June 18,
however, Mr. Rainey, finding it necessary to be absent on June
20, designated Mr. Bankhead (Ala.) as Speaker pro tempore.
---------------------------------------------------------------------------
On Dec. 26, 1940,(16) elected Speaker pro tempore
William P. Cole, Jr., of Maryland, designated in writing another
Speaker pro tempore to serve for the day.
---------------------------------------------------------------------------
16. 86 Cong. Rec. 14000, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The House met at 12 o'clock noon, and was called to order by
The Speaker pro tempore, Mr. Ramspeck.
The Clerk read the following communication from The Speaker pro
tempore, Mr. Cole of Maryland:
The Speaker's Room,
The House of Representatives, United States, Washington, D.C.
I hereby designate Hon. Robert Ramspeck to act as Speaker
pro tempore today.
[[Page 553]]
William P. Cole, Jr.,
Speaker pro tempore.
Reasons for Designation
Sec. 12.5 A Speaker may designate a Speaker pro tempore for various
reasons, including illness.
On Aug. 31, 1961,(17) Speaker Sam Rayburn, of Texas,
designated in writing Representative Carl Albert, of Oklahoma, to act
as Speaker pro tempore for the day. Mr. Rayburn was leaving to go to
his home because he was ill.(18)
---------------------------------------------------------------------------
17. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
18. Parliamentarian's Note: Speaker Rayburn last presided over the
House on Aug. 30, 1961. On Nov. 16, 1961, he died in Bonham,
Tex.
For other examples of the reasons for designating a Speaker
pro tempore, see Sec. Sec. 12.1, supra, and 12.7, infra.
---------------------------------------------------------------------------
Withdrawal of Designation
Sec. 12.6 The designation of a Speaker pro tempore may be withdrawn.
On Apr. 2, 1947,(19) Speaker Joseph W. Martin, Jr., of
Massachusetts, made the following announcement:
---------------------------------------------------------------------------
19. 93 Cong. Rec. 3075, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair wishes to announce that the gentleman
from Michigan [Mr. Michener], whom he has just designated as
Speaker pro tempore on Thursday and Monday next, has illness in his
family which may preclude him from accepting the appointment;
therefore, the Chair withdraws that designation and designates the
gentleman from Indiana [Mr. Halleck] to act as Speaker pro tempore
on Thursday and Monday next.
Designation of Minority Party Member
Sec. 12.7 On rare ceremonial occasions, a Speaker may designate a
member of the minority party as Speaker pro tempore.
On Jan. 31, 1951,(1) Speaker Sam Rayburn, of Texas, was
praised for his record of service as Speaker of the House. At that
time, he requested a member of the minority party, Mr. Joseph W.
Martin, Jr., of Massachusetts, to take the Chair:
---------------------------------------------------------------------------
1. 97 Cong. Rec. 778, 82d Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair will ask the gentleman from
Massachusetts [Mr. Martin] to kindly take the chair at this time.
Mr. Martin assumed the Chair.
Duties, Powers, and Functions
Sec. 12.8 A designated Speaker pro tempore, in the absence of The
Speaker, may admin
[[Page 554]]
ister to a Member-elect his oath of office.
On Mar. 11, 1940,(2) Speaker William B. Bankhead, of
Alabama, orally designated Representative Sam Rayburn, of Texas, as
Speaker pro tempore in the event of his absence for the ensuing three
legislative days. On Mar. 12, 1940,(3) in the absence of The
Speaker, Speaker pro tempore Rayburn administered to a Member-elect his
oath of office by unanimous consent of the House:
---------------------------------------------------------------------------
2. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
3. 86 Cong. Rec. 2724, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The present occupant of the chair will
administer the oath of office to the Member-elect if there is no
objection.
There being no objection [the Member-elect] appeared at the bar
of the House and took the oath of office.
Sec. 12.9 A designated Speaker pro tempore is authorized to appoint
conferees only with the unanimous consent of the House.
On May 28, 1959,(4) Speaker pro tempore John W.
McCormack, of Massachusetts, with the unanimous consent of the House
appointed conferees. The proceedings were as follows:
---------------------------------------------------------------------------
4. 105 Cong. Rec. 9334, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Brent] Spence [of Kentucky]: Mr. Speaker, I ask unanimous
consent to take from the Speaker's desk the bill (S. 1094) to amend
the Bretton Woods Agreements Act, with House amendment thereto,
insist on the House amendment, and agree to the conference
requested by the Senate.
The Clerk read the title of the bill.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Kentucky?
There was no objection.
The Speaker Pro Tempore: Without objection, the Chair appoints
the following conferees: Messrs. Spence, Brown of Georgia, Patman,
Rains, Kilburn, Widnall, and Hiestand.
There was no objection.
On Oct. 9, 1969,(5) the designated Speaker pro tempore
appointed conferees with the unanimous consent of the House. The
proceedings were as follows:
---------------------------------------------------------------------------
5. 115 Cong. Rec. 29346, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Robert E.] Jones of Alabama: Mr. Speaker, I ask unanimous
consent to take from The Speaker's table the bill (H.R. 4148) to
amend the Federal Water Pollution Control Act, as amended, and for
other purposes, with Senate amendments thereto, disagree to the
Senate amendments, and agree to the conference asked by the Senate.
The Speaker Pro Tempore [Richard Bolling, of Missouri]: Is
there objection to the request of the gentleman from Alabama? The
Chair hears none, and, without objection, appoints the following
conferees: Messrs. Blatnik, Jones of Alabama, Wright, Fallon,
Cramer, Harsha, and Grover.
There was no objection.
[[Page 555]]
On July 8, 1970,(6) The Speaker pro tempore, Hale Boggs,
of Louisiana, appointed conferees by unanimous consent of the House.
---------------------------------------------------------------------------
6. 116 Cong. Rec. 23141, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Joseph L.] Evins of Tennessee: Mr. Speaker, I ask
unanimous consent to take from The Speaker's table the bill (H.R.
17548) . . . with Senate amendments thereto, disagree to the Senate
amendments, and agree to the conference asked by the Senate. . . .
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Tennessee? The Chair hears none, and, without
objection, appoints the following conferees: Messrs. Evins of
Tennessee, Boland, Shipley, Giaimo, Marsh, Pryor of Arkansas,
Mahon, Jonas, Talcott, McDade, Del Clawson, and Bow.
There was no objection.
On Oct. 8, 1970,(7) Speaker pro tempore Charles M.
Price, of Illinois, appointed conferees with the unanimous consent of
the House.
---------------------------------------------------------------------------
7. 116 Cong. Rec. 35866, 35867, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Paul G.] Rogers of Florida: Mr. Speaker, I ask unanimous
consent to take from The Speaker's table the bill (H.R. 18583) to
amend the Public Health Service Act . . . with Senate amendments
thereto, disagree to the Senate amendments, and agree to the
conference asked by the Senate.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Florida? The Chair hears none, and, without
objection, appoints the following conferees: Messrs. Staggers,
Jarman, Rogers of Florida, Satterfield, Springer, Nelsen, and
Carter.
There was no objection.
Sec. 12.10 A designated Speaker pro tempore is authorized to appoint
additional conferees on a bill only with unanimous consent of the
House.
On Apr. 29, 1948,(8) unanimous consent was requested to
authorize the designated Speaker pro tempore, Charles A. Halleck, of
Indiana, to appoint additional conferees on a bill. Without objection
the designated Speaker pro tempore appointed additional conferees.
---------------------------------------------------------------------------
8. 94 Cong. Rec. 5066, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Paul W.] Shafer [of Michigan]: Mr. Speaker, I ask
unanimous consent that The Speaker pro tempore be authorized to
appoint two additional conferees on the bill (S. 1641) to establish
the Women's Army Corps in the regular Army, to authorize the
enlistment and appointment of women in the regular Army and Marine
Corps and the Naval and Marine Corps Reserve, and for other
purposes.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Michigan? [After a pause.] The Chair hears none,
and, without objection, appoints the gentleman from New York [Mr.
Andrews] and the gentleman from Texas [Mr. Johnson].
There was no objection.
[[Page 556]]
The Speaker Pro Tempore: The Clerk will notify the Senate
thereof.
Sec. 12.11 A designated Speaker pro tempore may order spread upon the
Journal the veto message of a President.
On Sept. 13, 1966,(9) Speaker pro tempore Hale Boggs, of
Louisiana, ordered a veto message of the President spread upon the
Journal with the unanimous consent of the House.
---------------------------------------------------------------------------
9. 112 Cong. Rec. 22411, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker pro tempore laid before the House the following
veto message from the President of the United States:
To the House of Representatives:
. . . In returning this measure, I do so in the hope that
the Congress will adopt the insurance proposals I submitted
earlier. Such a measure would be fiscally responsible. It would
be consistent with the wage-price guide posts. I would be proud
to sign it.
Lyndon B. Johnson,
The White House,
September 12, 1966.
The Speaker Pro Tempore: Without objection, the objections of
the President will be spread at large upon the Journal.
There was no objection.
Sec. 12.12 A designated Speaker pro tempore refers a Presidential
message to committee only with unanimous consent of the House.
On Aug. 31, 1967,(10) Speaker pro tempore Carl Albert,
of Oklahoma, referred a Presidential message to committee with
unanimous consent of the House:
---------------------------------------------------------------------------
10. 113 Cong. Rec. 24843, 24844, 90th Cong 1st Sess.
---------------------------------------------------------------------------
The Speaker pro tempore (Mr. Albert) laid before the House the
following message from the President of the United States, which
was read, as follows:
To the Congress of the United States:
I am pleased to transmit the annual report of the Office of
Alien Property, Department of Justice, for the fiscal Year
ended June 30, 1966, in accordance with section 6 of the
Trading With the Enemy Act.
Lyndon B. Johnson,
The White House,
August 31, 1967.
The Speaker Pro Tempore (Mr. Albert): Without objection, the
message, together with the accompanying papers, is referred to the
Committee on Interstate and Foreign Commerce.
There was no objection.
Sec. 12.13 A designated Speaker pro tempore refers a Presidential
message to committee and orders it printed (sometimes with
illustrations) only with the unanimous consent of the House.
On Sept. 8, 1966,(11) Speaker pro tempore Hale Boggs, of
Louisiana, laid before the House a
[[Page 557]]
message from the President and, without objection, referred the message
to a committee and ordered it printed.
---------------------------------------------------------------------------
11. 112 Cong. Rec. 22049-52, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
On Apr. 21, 1970,(12) Speaker pro tempore Robert O.
Tiernan, of Rhode Island, referred a Presidential message to committee
and ordered it printed with the unanimous consent of the House.
---------------------------------------------------------------------------
12. 116 Cong. Rec. 12581, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
On Jan. 24, 1966,(13) Speaker John W. McCormack, of
Massachusetts, laid before the House a message from the President.
Speaker McCormack having left the Chair during the reading of the
message from the President, the designated Speaker pro tempore referred
the message to committee and ordered it printed, with illustrations.
---------------------------------------------------------------------------
13 112 Cong. Rec. 909-17, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Sec. 12.14 A designated Speaker pro tempore appoints Members to attend
a funeral following the directions of the Speaker and with the
unanimous consent of the House.
On Nov. 25, 1963,(14) designated Speaker pro tempore
James C. Wright, Jr., of Texas, appointed a committee of 100 Members of
the House to attend the funeral of President John F. Kennedy, following
the directions of the Speaker and with the unanimous consent of the
House.
---------------------------------------------------------------------------
14. 109 Cong. Rec. 22695, 22696, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 12.15 A designated Speaker pro tempore calls the House to order in
the absence of the Speaker.
On June 1, 1961,(15) Representative John W. McCormack,
of Massachusetts, having been designated in writing as Speaker pro
tempore by Speaker Sam Rayburn, of Texas, called the House to order in
the absence of the Speaker.
---------------------------------------------------------------------------
15. 107 Cong. Rec. 9330, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 12.16 A designated Speaker pro tempore calls the House to order at
the beginning of a session of Congress in the absence of the
Speaker.
On Jan. 10, 1966,(16) Speaker John W. McCormack, of
Massachusetts, being absent because of the death of his
brother,(17) designated Speaker pro tempore Carl
[[Page 558]]
Albert, of Oklahoma, called the House to order at the beginning of the
session of the Congress, and laid before the House the following
communication from the Speaker:
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5, 89th Cong. 2d Sess.
17. Parliamentarian's Note: Speaker John W. McCormack was not in
Washington for the convening of the second session of the 89th
Congress because of the death of his brother, Donald J.
McCormack.
---------------------------------------------------------------------------
The Speaker's Rooms,
U.S. House of Representatives,
Washington, D.C.
I hereby designate the Honorable Carl Albert to act as Speaker
pro tempore today.
John W. McCormack,
Speaker.
Time for Election of Designee
Sec. 12.17 A designated Speaker pro tempore is elected by the House as
Speaker pro tempore during the absence of the Speaker when the need
arises for the performance of certain functions.
On Aug. 31, 1961,(18) the following actions took place
in the House:
---------------------------------------------------------------------------
18. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The House met at 12 o'clock noon and was called to order by the
Speaker pro tempore (Mr. [Carl] Albert [of Oklahoma]).
The Speaker Pro Tempore: The Chair lays before the House a
communication which the Clerk will read.
The Clerk read as follows:
August 31, 1961.
The Speaker's Rooms,
House of Representatives,
Washington, D.C.
I hereby designate Hon. Carl Albert to act as Speaker pro
tempore today.
Sam Rayburn,
Speaker.
* * * * *
Mr. [Francis E.] Walter [of Pennsylvania]: Mr. Speaker, I send
to the Speaker's table a resolution (H. Res. 445) and ask for its
immediate consideration.
The Clerk read as follows:
H. Res. 445
Resolved, That Hon. John W. McCormack, a Representative
from the State of Massachusetts, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. John W. McCormack as Speaker
pro tempore during the absence of the Speaker.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Hon. John W. McCormack assumed the Chair and the oath of office
was administered to him by Mr. Walter.(19)
---------------------------------------------------------------------------
19. Parliamentarian's Note: Speaker Sam Rayburn last presided over the
House on Wednesday, Aug. 30, 1961, during a call of Calendar
Wednesday business. Because of illness, he departed for his
home in Bonham, Tex., on the morning of Aug. 31. Speaker
Rayburn died there on Nov. 16, 1961.
---------------------------------------------------------------------------
[[Page 559]]
On Nov. 18, 1963,(1) Speaker John W. McCormack, of
Massachusetts, in writing designated Carl Albert, of Oklahoma, to act
as Speaker pro tempore for the day.(2) After laying the
designation before the House, Mr. Albert designated another Speaker pro
tempore to serve during his election as Speaker pro tempore in the
absence of the Speaker.(3)
---------------------------------------------------------------------------
1. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
2. Parliamentarian's Note: Speaker McCormack's brother, Edward, died
in Boston on Sunday, Nov. 17. The Speaker remained in Boston
until Nov. 21.
3. Parliamentarian's Note: Although the Congressional Record does not
explicitly refer to Mr. Albert's designation of a second
Speaker pro tempore, such in fact did take place.
---------------------------------------------------------------------------
The House met at 12 o'clock noon and was called to order by the
Speaker pro tempore, Mr. Albert.
The Speaker pro tempore laid before the House the following
communication from [Speaker McCormack]:
The Speaker's Room
I hearby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John T. McCormack,
Speaker.
* * * * *
Mr. [Hale] Boggs [of Louisiana] assumed the chair.
Mr. [Carl] Vinson [of Georgia]: Mr. Speaker, I send to the desk
a privileged resolution and ask for its immediate consideration.
The Clerk read the resolution [H. Res. 567] as follows:
Resolved, That Honorable 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 and the Senate be notified by
the Clerk of the election of Honorable Carl Albert as Speaker
pro tempore during the absence of the Speaker.
The resolution was agreed to.
The motion to reconsider was laid on the table.
Mr. Albert resumed the chair.
Mr. Albert: The Chair requests the gentleman from Georgia, dean
of the House, to administer the oath. Mr. Albert took the oath of
office as Speaker pro tempore administered by Mr. Vinson.
On Jan. 10, 1966,(4) Speaker John W. McCormack, of
Massachusetts, was absent because of the death of his brother. Speaker
McCormack designated in writing a Speaker pro tempore for the day. The
designated Speaker pro tempore was elected Speaker pro tempore during
the absence of the Speaker.(5)
---------------------------------------------------------------------------
4. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
5. Parliamentarian's Note: Since the duration of The Speaker's absence
was uncertain and since there were new Members present to be
sworn, the House chose to elect a Speaker pro tempore.
---------------------------------------------------------------------------
[[Page 560]]
. . . [T]he Members of Congress met in their hall, and at 12
o'clock were called to order by the Speaker pro tempore Hon. Carl
Albert, a Representative from the State of Oklahoma.
The Speaker pro tempore (Mr. Albert) laid before the House the
following communication:
The Speaker's Rooms,
U.S. House of Representatives,
Washington, D.C.
I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker.
* * * * *
The Speaker Pro Tempore: The Chair requests the gentleman from
Louisiana [Mr. Boggs] to assume the Chair.
Mr. Boggs assumed the Chair as Speaker pro tempore.
The Speaker Pro Tempore: (Mr. Hale 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 and 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.
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 13.--House Approval
The House rules provide:
[The Speaker] shall have the right to name any Member to
perform the duties of the Chair, but such substitution shall not
extend beyond three legislative days: Provided, however, That in
case of his illness, he may make such appointment for a period not
exceeding ten days, with the approval of
the House at the time the same is made. . . .(6)
---------------------------------------------------------------------------
6. Rule I clause 7 of the House Rules and Manual Sec. 633 (1973).
---------------------------------------------------------------------------
The approval of the House has been obtained by The Speaker pursuant
to a unanimous-consent request where The Speaker, though not ill,
wished to appoint a Speaker pro tempore who could serve beyond three
legislative days(7) and to allow a designated Speaker pro
tempore to sign enrolled bills during the period of his
designation.(8)
---------------------------------------------------------------------------
7. See Sec. 13.1, infra.
8. See Sec. 13.2, infra.
---------------------------------------------------------------------------
Because of this procedure's infrequent use in modern times it
[[Page 561]]
appears that a Speaker will more often invite the election of a Speaker
pro tempore when the necessity arises, thus enabling him to sign
enrolled bills and joint resolutions and vesting in him the fuller
powers of an elected officer.(9)
---------------------------------------------------------------------------
9. See Sec. 14, infra.
---------------------------------------------------------------------------
The President and Senate are notified when a designated Speaker pro
tempore has been given the approval of the House.(10)
---------------------------------------------------------------------------
10. See Sec. Sec. 13.1, 13.2,
infra. -------------------
---------------------------------------------------------------------------
House Approval of Designated Speaker Pro Tempore
Sec. 13.1 On rare occasions a Speaker, though not ill, will designate a
Speaker pro tempore and the House will approve the designation so
that the designated Speaker pro tempore may serve beyond three
legislative days.
On Apr. 7, 1930,(11) Speaker Nicholas Longworth, of
Ohio, designated a Speaker pro tempore to serve for a three-day period
and ``thereafter'' until his return from a brief vacation.
---------------------------------------------------------------------------
11. 72 Cong. Rec. 6661, 71st Cong. 2d Sess. See also 12.1, supra.
---------------------------------------------------------------------------
Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, I offer a
resolution and ask its immediate consideration.
The Speaker: The gentleman from New York [Mr. Snell] offers a
resolution, which the Clerk will report.
The Clerk read as follows:
Resolved, That the designation of Hon. John Q. Tilson, a
Representative from the State of Connecticut, as Speaker pro
tempore be approved by the House and that the President and the
Senate be notified thereof.
The Speaker: The question is on agreeing to the resolution.
The resolution was unanimously agreed to.
Sec. 13.2 A designated Speaker pro tempore must be formally approved by
the House in order to sign enrolled bills during the period of time
of his designation.
On Feb. 24, 1949,(12) the designated Speaker pro tempore
John W. McCormack, of Massachusetts, received the approval of the House
in order that he might sign enrolled bills.
---------------------------------------------------------------------------
12. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I offer a
privileged resolution (H. Res. 116) and ask for its immediate
consideration
The Clerk read the resolution, as follows:
Resolved, That the designation of Hon. John W. McCormack, a
Representative from the State of Massachusetts, as Speaker pro
tempore be approved by the House, and that the President of the
United States and the Senate be notified thereof.
[[Page 562]]
Mr. [Francis H.] Case of South Dakota: Mr. Speaker, will the
gentleman yield?
Mr. Mansfield: I yield to the gentleman from South Dakota.
Mr. Case of South Dakota: As I understand, this is the
customary resolution to meet a situation, so that bills may be duly
enrolled and presented for signature?
Mr. Mansfield: The gentleman is correct.
The Speaker Pro Tempore: The question is on the resolution.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker Pro Tempore: The Chair requests the gentleman from
Montana [Mr. Mansfield] to administer the oath of office to the
Chair.
Mr. Mansfield administered the oath of office as Speaker pro
tempore to Mr. McCormack.
CHAPTER 6
Officers, Officials, and Employees
B. SPEAKER PRO TEMPORE
Sec. 14. Election of Speaker Pro Tempore
A House rule(13) provides for the election of a Speaker
pro tempore when The Speaker is absent and has omitted designating a
Speaker pro tempore.
---------------------------------------------------------------------------
13. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
---------------------------------------------------------------------------
This rule has been rarely invoked. Ordinarily, The Speaker will
invite the election of a Speaker pro tempore before
leaving(14) or the House will elect a Speaker pro tempore
after The Speaker has already designated one.(15)
---------------------------------------------------------------------------
14. See Sec. Sec. 14.3-14.5, infra.
15. See Sec. 14. 6, infra.
Parliamentarian's Note: As the illustrations under
Sec. 14.6 indicate, normally the Member designated Speaker pro
tempore by the Speaker is the person the House elects. However,
the House has the inherent power, and has exercised it, to
elect a person other than the Member so designated. See
Sec. 14.7, infra.
---------------------------------------------------------------------------
A Speaker pro tempore is elected by formal resolution and the
President and Senate are notified of his election.(16)
---------------------------------------------------------------------------
16. See Sec. Sec. 14.1, 14.2, infra, respectively.
---------------------------------------------------------------------------
When a previously designated Speaker pro tempore is the Member who
is to be elected Speaker pro tempore, he momentarily designates another
Speaker pro tempore during the election process.(17)
---------------------------------------------------------------------------
17. See Sec. Sec. 14.6, 14.7, infra.
---------------------------------------------------------------------------
An elected Speaker pro tempore is more than a ``stand-in'' Speaker.
Indicative of this is the requirement that he swear a new oath upon his
entering the office of Speaker pro tempore.(18)
---------------------------------------------------------------------------
18. See Sec. 11, supra.
---------------------------------------------------------------------------
Moreover, an elected Speaker pro tempore assumes a much greater
scope of authority from The Speaker than a designated Speaker pro
tempore. Being elected, he does not have to have the
[[Page 563]]
unanimous consent of the House, as does the designated Speaker pro
tempore, to carry out many of the more sensitive, but normal, duties
that The Speaker would handle if present.(19) He must,
however, be authorized by the House to perform certain duties even
though he has been elected by the House, and not simply designated by
The Speaker.(20)
---------------------------------------------------------------------------
19. See Sec. Sec. 14.8-14.12, infra.
20. See Sec. Sec. 14.13-14.16, infra. See also Sec. 4, supra, wherein
it is indicated that the Speaker also must be authorized to
sign enrolled bills and joint resolutions during the
adjournment of the House.
---------------------------------------------------------------------------
Examples of the kinds of duties, powers, and functions assumed by
an elected Speaker pro tempore from The Speaker include: administering
the oath of office to new Members;(1) appointing
conferees;(2) appointing committees to wait on the President
and to inform him that the session's work is completed;(3)
or that a quorum of both Houses is ready to receive his state of the
Union message;(4) signing enrolled bills and joint
resolutions during the adjournment of the House;(5)
declaring recesses during a session;(6) and presiding at a
joint session of the Congress.(7)
---------------------------------------------------------------------------
1. See Sec. 14.8, infra.
2. See Sec. Sec. 14.9, 14.10, infra.
3. See Sec. 14.11, infra.
4. See Sec. 14.13, infra.
5. See Sec. 14.14, infra.
6. See Sec. Sec. 14.15, 14.16, infra.
7. See Sec. 14.12, infra. -------------------
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Election by Resolution
Sec. 14.1 A Speaker pro tempore is elected by formal resolution.
On Apr. 15, 1958,(8) Speaker pro tempore John W.
McCormack, of Massachusetts, was elected by formal resolution to the
office of Speaker pro tempore.
---------------------------------------------------------------------------
8. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The Chair requests the gentleman from
Oklahoma [Mr. (Carl) Albert] to assume the Chair.
Mr. Albert assumed the chair.
Mr. [Charles M.] Price [of Illinois]: Mr. Speaker, I offer a
resolution which I send to the Clerk's desk.
The Clerk read as follows:
House Resolution 527
Resolved, etc., That Hon. John W. McCormack, a
Representative from the State of Massachusetts, be, and he is
hereby, elected Speaker pro tempore during the absence of The
Speaker.
Resolved. That the President and the Senate be notified by
the Clerk of the election of Hon. John W. McCormack as Speaker
pro tempore during the absence of The Speaker.
The Speaker Pro Tempore [Mr. Albert]: The question is on the
resolution.
[[Page 564]]
The resolution was agreed to and a motion to reconsider was
laid on the table.
Notification of President and Senate
Sec. 14.2 The President and the Senate are notified by the Clerk of the
election of a Speaker pro tempore.
On Apr. 15, 1958,(9) House Resolution 527 was offered to
elect the Speaker pro tempore John W. McCormack, of Massachusetts, as
Speaker pro tempore during the absence of the Speaker:
---------------------------------------------------------------------------
9. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Charles M.] Price [of Illinois]: Mr. Speaker, I offer a
resolution. . . .
Resolved, That Hon. John W. McCormack, a Representative
from the State of Massachusetts, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of the Hon. John W. McCormack as
Speaker pro tempore during the absence of the Speaker.
The resolution was adopted.
Election by Invitation of Speaker
Sec. 14.3 A Speaker who is ill may, under House practice, invite the
election of a Speaker pro tempore to serve during the absence of
the Speaker.
On Apr. 2, 1940,(10) Speaker William B. Bankhead, of
Alabama, having contracted a case of influenza, invited the election of
a Speaker pro tempore.
---------------------------------------------------------------------------
10. 86 Cong. Rec. 3846, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a brief personal
statement to the House.
I dislike very much to do so, but, unfortunately, a few weeks
ago I contracted a very severe case of influenza which seems to be
holding on to me with great tenacity. My physician has advised me
to take a little rest, and I am sure the Members of the House will
be pleased to accord me this privilege.
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I
offer a resolution and ask for its immediate consideration.
The Clerk read as follows:
House Resolution 451
Resolved, That Hon. Sam Rayburn, a Representative from the
State of Texas, be, and he is hereby, elected Speaker pro
tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Sam Rayburn as Speaker pro
tempore during the absence of the Speaker.
The resolution was agreed to, and a motion to reconsider was
laid on the table.
Sec. 14.4 A Speaker who is not ill and who has not designated
[[Page 565]]
a Speaker pro tempore may invite the election of a Speaker pro
tempore.
On Mar. 24, 1944,(11) Speaker Sam Rayburn, of Texas,
invited the election of a Speaker pro tempore.
---------------------------------------------------------------------------
11. 90 Cong. Rec. 3114, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a statement.
The Chair hopes by next Thursday a concurrent resolution will
be passed recessing the Congress over until the 11th or 12th of
April. It will be impossible for the present occupant of the chair
to be in Washington next week, and therefore he has asked the
gentleman from Georgia [Mr. (Robert C. W.) Ramspeck] to offer a
resolution.
Mr. Ramspeck: Mr. Speaker, I offer the following resolution (H.
Res. 483) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That Hon. John W. McCormack, a Representative
from the State of Massachusetts, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. John W. McCormack as Speaker
pro tempore during the absence of the Speaker. The resolution
was agreed to.
Sec. 14.5 A Speaker pro tempore may be elected for reasons other than
the illness of the Speaker.
On May 21, 1937,(12) Speaker William B. Bankhead, of
Alabama, desiring to deliver a commencement address at the University
of Alabama, invited the election of a Speaker pro tempore during that
period of time when he would be absent.
---------------------------------------------------------------------------
12. 81 Cong. Rec. 4898, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair would like to make a brief statement.
I have accepted an invitation to deliver the commencement
address at the University of Alabama, my alma mater, on Monday
next. While I am that far away, very candidly, I will state to you
gentlemen that I should like the privilege of remaining at my home
for just a few days. Under the rules of the House I could appoint a
Speaker pro tempore for three days, but under the circumstances, by
the indulgence of the House, I have requested the gentleman from
Texas, the majority leader [Sam Rayburn], to introduce a resolution
touching on the question.
Mr. Rayburn: Mr. Speaker, I send to the Clerk's desk a
resolution at the request of the Speaker.
The Clerk read as follows:
House Resolution 218
Resolved, That Hon. Lindsay C. Warren, a Representative
from the State of North Carolina, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Lindsay C.
[[Page 566]]
Warren as Speaker pro tempore during the absence of the
Speaker.
The resolution was agreed to, and a motion to reconsider was
laid on the table.
On July 1, 1939,(13) Speaker William B. Bankhead, of
Alabama, invited the election of a Speaker pro tempore while he took a
period of recreation and rest.
---------------------------------------------------------------------------
13. 84 Cong. Rec. 8520, 8521, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Speaker desires the indulgence of the House to
make a personal statement.
It is realized that we have been in continuous session now for
six months and it has been a rather arduous, strenuous session of
the House. Under our system of government, The Speaker of the House
cannot make visits of recreation or take a rest, except by the
indulgence of the membership. I must confess I am a little bit
tired. Next week will not be a tremendously heavy week, so far as
our legislative program is concerned, and I have therefore
requested the gentleman from North Carolina [Mr. (Robert L.)
Doughton] to introduce a resolution which will give me a short
leave of absence.
Mr. Doughton: Mr. Speaker, I submit a resolution and ask for
its immediate consideration.
The Clerk read the resolution as follows:
House Resolution 240
Resolved, That Hon. Sam Rayburn, a Representative from the
State of Texas, be, and he is hereby, elected Speaker pro
tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Sam Rayburn as Speaker pro
tempore during the absence of The Speaker.
The resolution was agreed to.
On Aug. 15, 1941,(14) Speaker Sam Rayburn, of Texas,
invited the election of a Speaker pro tempore when he desired to leave
for a short vacation beyond 10 days.
---------------------------------------------------------------------------
14. 87 Cong. Rec. 7194, 7195, 77th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires at this time to make a short
statement. As you all know, for something like three years, and
especially the last 19\1/2\ months, the Chair has been very closely
tied to Washington. Although I have enjoyed hugely being here with
you ladies and gentlemen, I do have the very great desire of for a
few days sniffing a different atmosphere.
I am homesick. I want to go home tomorrow. To all of you who go
home--and I hope you do--I trust you will find things fine at home
and that you will come back with a renewed vigor, imbued again with
the sentiment of your constituents. . . .
Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, in
offering the following resolution for the election of a Speaker pro
tempore and asking for its immediate consideration I know I state
the sentiments of all the Members when I say that I hope that you
have a most enjoyable rest in your white house and in future White
Houses.
The Clerk read the resolution (H. Res. 298), as follows:
[[Page 567]]
Resolved, That Hon. Clifton A. Woodrum, a Representative
from the State of Virginia, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Clifton A. Woodrum as Speaker
pro tempore during the absence of the Speaker.
The resolution was agreed to.
The Speaker: The gentleman from Virginia [Mr. Woodrum] will
present himself at the bar of the House for the purpose of taking
the oath.
Mr. Woodrum of Virginia took the oath of office as Speaker pro
tempore.
On June 9, 1949,(15) Speaker Sam Rayburn, of Texas,
invited the election of a Speaker pro tempore when he desired to be
away for two days and where the signing of enrolled bills would be
necessary.
---------------------------------------------------------------------------
15. 95 Cong. Rec. 7509, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: It will not be possible for The Speaker to be here
on Monday or Tuesday of next week. For that reason, the Chair
recognizes the gentleman from Tennessee [Mr. (Albert A.) Gore].
Mr. Gore: Mr. Speaker, I offer a resolution (H. Res. 243) and
ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That Hon. John W. McCormack, a Representative
from the State of Massachusetts, be, and he is hereby, elected
Speaker pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. John W. McCormack as Speaker
pro tempore during the absence of the Speaker.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker: This action is taken for two reasons: First, The
Speaker will not be here Monday and Tuesday, and the immediate
necessity is that there might be some enrolled bills that must be
signed.
Mr. McCormack appeared at the bar of the House and took the
oath of office.
Member Elected
Sec. 14.6 When the need arises for an elected Speaker pro tempore, the
designated Speaker pro tempore normally, but not always, is the
person elected.
On Mar. 15, 1966,(16) Speaker John W. McCormack, of
Massachusetts, having designated Representative Carl Albert, of
Oklahoma, as Speaker pro tempore, a resolution was introduced to elect
Mr. Albert as Speaker pro tempore during the absence of the Speaker.
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5823, 5824, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Eugene J.] Keogh [of New York]: Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
[[Page 568]]
The Clerk read the resolution as follows:
H. Res. 779
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 and 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.
Mr. Keogh: Mr. Speaker, I want to mention that this resolution
is being offered at the request of the distinguished Speaker of the
House of Representatives.
The Speaker Pro Tempore: (Mr. [Wilbur D.] Mills [of
Arkansas]):(17) The question is on the resolution.
---------------------------------------------------------------------------
17. Parliamentarian's Note: Mr. Mills was designated as Speaker pro
tempore during the election of the Speaker pro tempore Carl
Albert.
---------------------------------------------------------------------------
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. Albert assumed the Chair and the oath of office was
administered to him by Mr. [Emanuel] Celler, a Representative from
the State of New York.(18)
---------------------------------------------------------------------------
18. Parliamentarian's Note: Speaker McCormack left for Boston at 4:30
p.m. on Mar. 15, 1966, to address a joint session of the
Massachusetts General Court (the legislature) on Mar. 16 and
participated in St. Patrick's Day festivities on the 17th. Mr.
Albert was elected as Speaker pro tempore so that he could sign
the Tax Adjustment Act of 1966 (H.R. 12752), which the
President wanted to sign later that day.
---------------------------------------------------------------------------
Sec. 14.7 On rare occasions a Member other than the one designated
Speaker pro tempore by The Speaker is elected Speaker pro tempore
by the House.
On Aug. 31, 1961,(19) the House was called to order by
Speaker pro tempore Carl Albert, of Oklahoma, who laid before the House
a letter from Speaker Sam Rayburn, of Texas. The proceedings were as
follows:
---------------------------------------------------------------------------
19. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: The Chair lays before the House a
communication [from Speaker Rayburn] which the Clerk will read.
The Clerk read as follows:
The Speaker's Rooms,
U.S. House of Representatives,
Washington, D.C.
I hereby designate the Hon. Carl Albert to act as Speaker
pro tempore today.
Sam Rayburn,
Speaker.
* * * * *
Mr. [Francis E.] Walter [of Pennsylvania]: Mr. Speaker, I send
to the Speaker's table a resolution (H. Res. 445) and ask for its
immediate consideration.
The resolution called for the election of Representative John W.
McCormack, of Massachusetts,
[[Page 569]]
as Speaker pro tempore during the absence of the Speaker. The
resolution was agreed to.
Mr. McCormack assumed the Chair and the oath of office was
administered to him.(20)
---------------------------------------------------------------------------
20. Parliamentarian's Note: Speaker Rayburn last presided over the
House on Wednesday, Aug. 30, 1961, during a call of Calendar
Wednesday business. Because of illness, he departed for his
home in Bonham, Tex., on the morning of Aug. 31. Speaker
Rayburn died there on Nov. 16, 1961.
---------------------------------------------------------------------------
Duties, Powers, Functions
Sec. 14.8 In the absence of the Speaker, an elected Speaker pro tempore
administers the oath of office to new Members, without the
requirement of unanimous consent of the House.
On Jan. 10, 1966,(1) elected Speaker pro tempore Carl
Albert, of Oklahoma, administered the oath of office to new Members
without the requirement of unanimous consent of the
House.(2)
---------------------------------------------------------------------------
1. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
2. Parliamentarian's Note: The Congressional Record does not
explicitly refer to the administration of the oath of office to
the new Members by the elected Speaker pro tempore, but such in
fact did take place.
---------------------------------------------------------------------------
Sec. 14.9 An elected Speaker pro tempore appoints conferees without the
requirement of the unanimous consent of the House.
On Sept. 20, 1961,(3) elected Speaker pro tempore John
W. McCormack, of Massachusetts, appointed conferees for the House
without requesting the unanimous consent of the House to make such
appointments.
---------------------------------------------------------------------------
3. 107 Cong. Rec.. 20491, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, I ask
unanimous consent that the gentleman from Mississippi [Mr.
Abernethy] be excused as a conferee on the bill H.R. 5968, and that
another Member be designated as a conferee in his place.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from South Carolina?
There was no objection.
The Speaker Pro Tempore: The Chair appoints to the committee of
conference the gentleman from Alabama [Mr. Huddleston] vice the
gentleman from Mississippi [Mr. Abernethy].
The Clerk will notify the Senate of the appointment by the
Speaker pro tempore.
Sec. 14.10 An elected Speaker pro tempore appoints successor conferees
without the requirement of unanimous consent of the House.
On Sept. 5, 1961,(4) elected Speaker pro tempore John W.
[[Page 570]]
McCormack, of Massachusetts, appointed a successor conferee to replace
a Member who was resigning as a conferee. He laid before the House the
Member's letter of resignation, saying:
---------------------------------------------------------------------------
4. 107 Cong. Rec. 18183, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The Chair appoints the gentleman from Michigan, Mr. Meader, as
a manager on the part of the House at the conference on S. 1653,
vice the gentleman from New York, Mr. Miller, who has been excused;
and the Clerk will notify the Senate thereof.
Sec. 14.11 An elected Speaker pro tempore appoints a committee to wait
on the President and inform him that the House has completed the
business of the session and is ready to adjourn.
On Sept. 27 (legislative day, Sept. 25), 1961,(5) the
House agreed on a resolution enabling elected Speaker pro tempore John
W. McCormack, of Massachusetts, to appoint a committee to wait on the
President to notify him that the two Houses had completed the business
of the session and were ready to adjourn unless the President had some
other communication to make to the Congress. After the House had agreed
to a resolution for the appointment of the committee, the Speaker pro
tempore declared:
---------------------------------------------------------------------------
5. 107 Cong. Rec. 21518, 21528, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
The Chair appoints the gentleman from Oklahoma [Mr. Albert] and
the gentleman from Illinois [Mr. Arends] to wait on the President.
Sec. 14.12 An elected Speaker pro tempore presides at a joint session
of Congress to hear an address by the President.
On June 10, 1952,(6) elected Speaker pro tempore John W.
McCormack, of Massachusetts, presided at the joint session of the
Congress to hear an address by President Harry S. Truman on the crisis
in the steel industry.
---------------------------------------------------------------------------
6. 98 Cong. Rec. 6928-30, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
The recess having expired, the House was called to order by the
Speaker pro tempore at 12 o'clock and 24 minutes p.m. . . .
The Speaker pro tempore presided.
. . . [T]he Vice President took the chair at the right of the
Speaker pro tempore. . . .
The Speaker Pro Tempore: On the part of the House the Chair
appoints as members of the committee to escort the President of the
United States into the Chamber, the gentleman from Tennessee, Mr.
Priest; the gentleman from North Carolina, Mr. Doughton; and the
gentleman from Massachusetts, Mr. Martin.
The Vice President [Alben W. Barkley, of Kentucky]: On the part
of the Senate, the Chair appoints as members of the committee of
escort the Senator from Arizona, Mr. McFarland; the Senator from
New Hampshire, Mr. Bridges; and the Senator from South Carolina,
Mr. Maybank. . . .
[[Page 571]]
At 12:30 o'clock p.m. the Doorkeeper announced the President of
the United States.
The President of the United States, escorted by the committee
of Senators and Representatives, entered the Hall of the House of
Representatives and stood at the Clerk's desk. [Applause, the
Members rising.]
The Speaker Pro Tempore: Members of the Congress, I have the
distinguished honor of presenting to you the President of the
United States.
The President: Mr. President, Mr. Speaker, Members of the
Congress, I should like to report to the Congress on certain events
that have happened in connection with the current dispute in the
steel industry since I last communicated with Congress on that
subject. . . .
At 12 o'clock; and 50 minutes p.m., the President, accompanied
by the committee of escort, retired from the Hall of the House of
Representatives. . . .
The Speaker Pro Tempore: The Chair declares the joint session
of the two Houses now dissolved.
Thereupon (at 12 o'clock and 52 minutes p.m.) the joint session
of the two Houses was dissolved.
Actions Requiring Authorization
Sec. 14.13 Even though the Speaker pro tempore is elected, he must be
authorized by resolution to appoint a committee to notify the
President that a quorum of each House has assembled and is ready to
receive his state of the Union message.
On Jan. 10, 1966,(7) elected Speaker pro tempore Carl
Albert, of Oklahoma, pursuant to a resolution authorizing him to do so,
appointed a committee to notify the President that a quorum of each
House had assembled and that the Congress was ready to receive any
communication that he may be pleased to make.
---------------------------------------------------------------------------
7. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, I offer a
preferential resolution and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 628
Resolved, That a committee of three members be appointed by
the Speaker pro tempore on the part of the House of
Representatives to join with the committee on the part of the
Senate, to notify the President of the United States that a
quorum of each House is assembled, and Congress is ready to
receive any communication that he may be pleased to make.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker Pro Tempore: The Chair appoints as members of the
committee on the part of the House to join with the committee on
the part of the Senate to notify the President of the United States
that a quorum of each
[[Page 572]]
House is assembled and that the Congress is ready to receive any
communication he may be pleased to make, the gentleman from
Louisiana [Mr. Boggs], the gentleman from New York [Mr. Celler],
and the gentleman from Michigan [Mr. Gerald R. Ford].
Sec. 14.14 Even though the Speaker pro tempore is elected, he must be
authorized to sign enrolled bills and joint resolutions during an
adjournment of the House.
On July 7, 1958,(8) Speaker Sam Rayburn, of Texas,
designated John W. McCormack, of Massachusetts, Speaker pro tempore in
writing. That same day Speaker pro tempore McCormack was elected
Speaker pro tempore during the absence of the Speaker.
---------------------------------------------------------------------------
8. 104 Cong. Rec. 13061, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
On July 10, 1958,(9) unanimous consent was requested
that notwithstanding the adjournment of the House Speaker pro tempore
McCormack be authorized to sign any enrolled bills and joint
resolutions duly passed by the two Houses.
---------------------------------------------------------------------------
9. 104 Cong. Rec. 13418, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that notwithstanding the adjournment of the House until
Monday next, the clerk be authorized to receive messages from the
Senate and that the Speaker pro tempore be authorized to sign any
enrolled bills and joint resolutions duly passed by the two Houses
and found truly enrolled.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Oklahoma?
There was no objection.
On Sept. 21, 1961,(10) unanimous consent was requested
that notwithstanding the adjournment of the House, elected Speaker pro
tempore John W. McCormack, of Massachusetts, be authorized to sign
enrolled bills and joint resolutions during the adjournment.
---------------------------------------------------------------------------
10. 107 Cong Rec. 20572, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that notwithstanding the adjournment of the House until
tomorrow, the Speaker pro tempore [Mr. McCormack] be authorized to
sign any enrolled bills and joint resolutions duly passed by the
two Houses and found truly enrolled.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Oklahoma?
There was no objection.
Sec. 14.15 Even though a Speaker pro tempore is elected, in the absence
of the Speaker he must be authorized to declare recesses during a
session.
On Aug. 31, 1961, the Honorable John W. McCormack, of Mas
[[Page 573]]
sachusetts, was elected as Speaker pro tempore in the absence of
Speaker Sam Rayburn, of Texas, because of illness.
On Sept. 16, 1961,(11) a unanimous-consent request was
offered by Representative Carl Albert, of Oklahoma, enabling Speaker
pro tempore McCormack to declare recesses subject to the call of the
Chair during the rest of the session.
---------------------------------------------------------------------------
11. 107 Cong. Rec. 19800, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Albert: And if the gentleman will yield for the purpose, I
would like also to ask unanimous consent that any time during the
remainder of this session it may be in order for the Speaker pro
tempore to declare recesses subject to the call of the Chair. . . .
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, reserving
the right to object, may I say in connection with this request that
this matter has been called to my attention. It is standard
procedure as we come up to the end of a session. I sincerely hope
it is not objected to, because its adoption will very materially
expedite the business of the House of Representatives to the
objective of sine die adjournment.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Oklahoma?
There was no objection
Sec. 14.16 An elected Speaker pro tempore who is authorized to declare
recesses at any time during the remainder of a session may declare
a recess despite an objection to a unanimous-consent request that
the House adjourn.
On Sept. 23 (legislative day, Sept. 22), 1961,(12)
unanimous consent was requested to adjourn to meet at an hour other
than that prescribed as the daily hour of meeting. When objection was
heard, elected Speaker pro tempore John W. McCormack, of Massachusetts,
declared a recess.
---------------------------------------------------------------------------
12. 107 Cong. Rec. 20854, 20867, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that when the House adjourns today, it adjourn to meet at
10 o'clock a.m. tomorrow.
The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Oklahoma?
Mr. [H. Carl] Andersen of Minnesota: I object. . . .
The Speaker Pro Tempore: The House will stand in recess until
10 o'clock tomorrow morning.
[[Page 574]]
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 15. Qualifications
This division(13) discusses the officers of the House
(other than the Speaker and Speaker pro tempore)--the Clerk, Sergeant
at Arms, Doorkeeper, Postmaster(14) and Chaplain; it
discusses their election,(15) compensation,(16)
duties,(17) and the problem of vacancies and the selection
of successors.(18)
---------------------------------------------------------------------------
13. Generally see 1 Hinds' Precedents Ch. 6 and 6 Cannon's Precedents
Ch. 153, for precedents prior to 1936 which relate to House
officers.
14. The Postmaster, whose duties are outlined in Rule VI of the House
Rules and Manual Sec. 654 (1973), is an officer of the House.
See 1 Hinds' Precedents Sec. Sec. 269-271 and 6 Cannon's
Precedents Sec. 34.
15. See Sec. 16, infra.
16. See Sec. 17, infra.
17. See Sec. Sec. 18-21, infra.
18. See Sec. 22, infra.
See also Ch. 37, infra, relating to resignations, and Ch. 38, infra,
relating to deaths of officers.
---------------------------------------------------------------------------
Every officer of the Congress is authorized to determine the
qualifications of all individuals before appointing them to subordinate
positions and to discipline any employee under his
supervision.(19) And any officer who violates the statutory
prohibitions against assigning employees to positions for which they
were not appointed,(20) against dividing
salaries,(1) or against subletting duties of
employees(2) may be removed from office.(3)
---------------------------------------------------------------------------
19. 2 USCA Sec. 60-1(a).
20. 2 USC Sec. 85.
1. 2 USC Sec. 86.
2. 2 USC Sec. 87.
3. 2 USCA Sec. 90.
---------------------------------------------------------------------------
The House rules provide that no person who is an agent for the
prosecution of any claim against the government, or who is interested
in such claim other than as an original claimant, may serve as an
officer or continue as an employee of the House.(4)
---------------------------------------------------------------------------
4. Rule XLI, House Rules and Manual Sec. 937 (1973).
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 16. Election
Although the Constitution(5) provides that, ``The House
. . . shall chuse their Speaker and other officers . . .'', it neither
names the officers nor sets forth their method of selection. This gap
has been filled by Rule II of the House Rules and Manual which provides
that the Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and Chaplain
shall be elected ``by viva voce vote'' at the commence
[[Page 575]]
ment of each Congress.(6) Despite this language, officers
are usually chosen by resolution.(7)
---------------------------------------------------------------------------
5. U.S. Const. art. I, Sec. 2.
6. See 1 Hinds' Precedents Sec. 187 for origin of the provision
dealing with viva voce vote.
7. See Sec. Sec. 16.1 et seq.
---------------------------------------------------------------------------
At the commencement of a Congress, each party's caucus selects one
nominee for each office.(8) The majority submits its slate
of nominees and the minority usually submits a substitute resolution
containing its slate.(9) The House then votes on these
resolutions. Because of this practice, officers are actually chosen by
party caucuses.
---------------------------------------------------------------------------
8. See Ch. 3, supra, for a discussion of the nomination of House
officers in the party caucus.
9. See for example, Sec. 16.1, infra, for an instance in which
resolutions were offered. But see 111 Cong. Rec. 20, 89th Cong.
1st Sess., Jan. 4, 1965, in which the minority did not offer a
substitute
resolution. -------------------
---------------------------------------------------------------------------
Procedure at Commencement of Congress
Sec. 16.1 The House elects its officers by resolution.
At the commencement of the 92d Congress, the chairman of the
majority party caucus offered a resolution containing names of persons
selected by it to serve as House officers:(10)
---------------------------------------------------------------------------
10. 117 Cong. Rec. 13, 92d Cong. 1st Sess., Jan. 21, 1971.
---------------------------------------------------------------------------
Mr. [Olin E.] Teague of Texas [Chairman of the Democratic
Caucus]: Mr. Speaker, I offer a resolution (H. Res. 1) and ask for
its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 1
Resolved, That W. Pat Jennings, of the Commonwealth of
Virginia, be, and he is hereby, chosen Clerk of the House of
Representatives;
That Zeake W. Johnson, Jr., of the State of Tennessee, be,
and he is hereby, chosen Sergeant at Arms of the House of
Representatives;
That William M. Miller, of the State of Mississippi, be,
and he is hereby, chosen Doorkeeper of the House of
Representatives;
That H. H. Morris, of the Commonwealth of Kentucky, be, and
he is hereby, chosen Postmaster of the House of
Representatives;
That Reverend Edward O. Latch D.D., of the District of
Columbia, be, and he is hereby, chosen Chaplain of the House of
Representatives.
Following introduction of this resolution, the chairman of the
minority party caucus,(11) offered a substitute amendment
containing the names of persons selected by the minority caucus to
serve as officers:
---------------------------------------------------------------------------
11. Compare 111 Cong. Rec. 20, 89th Cong. 1st Sess., Jan. 4, 1965, for
an instance in which the minority did not offer a substitute
amendment.
---------------------------------------------------------------------------
Mr. [John B.] Anderson of Illinois [Chairman of the Republican
Conference]: Mr. Speaker, I offer a substitute amendment. . . .
The Clerk read the substitute amendment, as follows:
[[Page 576]]
Amendment offered by Mr. Anderson of Illinois as a
substitute for the remainder of House Resolution 1:
Resolved, That Joe Bartlett, of the State of Ohio, be, and
he is hereby, chosen Clerk of the House of Representatives;
``That Robert T. Hartmann, of the State of Maryland, be,
and he is hereby, chosen Sergeant at Arms of the House of
Representatives;
``That William R. Bonsell, of the Commonwealth of
Pennsylvania, be, and he is hereby, chosen Doorkeeper of the
House of Representatives;
``That Tommy Lee Winebrenner, of the State of Indiana, be,
and he is hereby, chosen Postmaster of the House of
Representatives.''
After the substitute amendment was offered, the Speaker called for
votes first on the amendment and then on the majority resolution:
The Speaker [John W. McCormack, of Massachusetts]: The question
is on the substitute amendment.
The substitute amendment was rejected.
The Speaker: The question is on the resolution offered by the
gentleman from Texas (Mr. Teague).
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Speaker: Will the officers elected present themselves at
the bar of the House and take the oath of office?
The officers-elect presented themselves at the bar of the House
and took the oath of office.
Sec. 16.2 Where the minority does not contest the majority's nominee
for Chaplain, it may request a separate vote for that office.
Under the normal procedure for electing House officers, the
chairman of the majority caucus offers a resolution which contains the
names of the party's nominees for officers. The chairman of the
minority caucus offers a substitute resolution containing the names of
his party's nominees. However, when the minority does not contest the
majority's nominee for a particular office, the chairman of the
minority caucus may ask for a division of the House so that Members may
have a separate vote on the uncontested office.
For example, on Jan. 10, 1967,(12) and Jan. 3,
1969,(13) members of the minority, Mr. Leslie C. Arends, of
Illinois, and Mr. John B. Anderson, of Illinois, respectively,
requested a division on the resolution so that a separate and unanimous
vote could be held for the office of the Chaplain because the minority
caucus, the Republican Conference, did not offer a candidate for that
office. Thus, Mr. Anderson made the following statement.(14)
---------------------------------------------------------------------------
12. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
13. 115 Cong. Rec. 35, 91st Cong. 1st Sess.
14. 115 Cong. Rec. 34, 91st Cong. 1st Sess., Jan. 3, 1969.
---------------------------------------------------------------------------
Mr. Anderson of Illinois [Chairman of the Republican
Conference]: Mr.
[[Page 577]]
Speaker, I have a substitute to offer to the resolution [majority
resolution for the election of officers], but before offering the
substitute I request that there be a division on the question on
the resolution so that we may have a separate vote on the office of
Chaplain.
The Speaker [John W. McCormack, of Massachusetts]: The
gentleman from Illinois demands a division in relation to the
election of the Chaplain.
The question is on agreeing to that portion of the resolution
providing for the election of the Chaplain [which was agreed to]. .
. .
Sergeant at Arms
Sec. 16.3 The Clerk has been elected to serve concurrently as Sergeant
at Arms, following the death of the incumbent.
On July 8, 1953,(15) following the death that day of the
Sergeant at Arms, William F. Russell, a Member, Charles A. Halleck, of
Indiana, offered and the House agreed to the following resolution (H.
Res. 323):
---------------------------------------------------------------------------
15. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That Lyle O. Snader, of the State of Illinois,
be, and he is hereby, chosen Sergeant at Arms of the House of
Representatives to serve in that capacity until another person
is chosen by the House of Representatives to be and duly
qualifies as Sergeant at Arms: Provided, That the said Lyle O.
Snader shall serve as Sergeant at Arms notwithstanding his
concurrent incumbency as Clerk of the House of Representatives,
but for his additional duties as Sergeant at Arms he shall
receive no compensation additional to that he receives as Clerk
of the House of Representatives.
On the same date, the House(16) and
Senate(17) passed the following joint resolution (H.J. Res.
292):(18)
---------------------------------------------------------------------------
16. Id.
17. 99 Cong. Rec. 8203, 83d Cong. 1st Sess.
18. Parliamentarian's Note: This joint resolution was enacted to remove
doubt about the necessity to pay dual compensation, a practice
prohibited by statute (5 USC Sec. 58). See also Sec. 17.3,
infra.
---------------------------------------------------------------------------
Resolved. That Lyle O. Snader, of the State of Illinois,
be, and he is hereby, authorized, notwithstanding the
provisions of any other law, to serve concurrently as Clerk and
Sergeant at Arms of the House of Representatives until another
person is chosen by the House of Representatives to be and duly
qualifies as Sergeant at Arms; and while the said Lyle O.
Snader is so serving the compensation received by him as Clerk
of the House of Representatives shall be in full discharge for
any services rendered by him to the House of Representatives
during such period of concurrent services.
The joint resolution was offered in the House by Mr. Halleck, the
Majority Leader.
Sec. 16.4 A temporary appointee to the office of Sergeant at Arms has
been elected Sergeant at Arms.
[[Page 578]]
On Jan. 11, 1954,(19) the House agreed to the following
resolution:
---------------------------------------------------------------------------
19. 100 Cong. Rec. 134, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That William R. Bonsell of the State of
Pennsylvania, be, and he is hereby, chosen Sergeant at Arms of
the House of Representatives.
Mr. Bonsell had served as acting Sergeant at Arms since appointment
by the Speaker, pursuant to 2 USCA 75a-1(a), on Sept. 15,
1953.(20)
---------------------------------------------------------------------------
20. See Sec. 22.2, infra, for discussion of appointment of Mr. Bonsell
as acting Sergeant at Arms.
---------------------------------------------------------------------------
Sec. 16.5 A Sergeant at Arms was elected following the resignation of
the incumbent.
On Sept. 25, 1972,(1) the Sergeant at Arms, Zeake W.
Johnson, Jr., of Tennessee, having tendered his resignation, Mr. Olin
E. Teague of Texas, offered and the House agreed to the following
resolution (H. Res. 1134):
---------------------------------------------------------------------------
1. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That Kenneth R. Harding of the Commonwealth of
Virginia be, and he is hereby chosen Sergeant at Arms of the
House of Representatives, effective on October 1, 1972.
Mr. Harding, the Sergeant at Arms-elect, presented himself at the
bar of the House and took the oath of office.(2)
---------------------------------------------------------------------------
2. See Sec. 22.3, infra, for discussion of circumstances preceding the
election of Mr. Harding.
---------------------------------------------------------------------------
Doorkeeper
Sec. 16.6 A Doorkeeper was elected following the death of the
incumbent.
On Feb. 5, 1943,(3) the House agreed to the following
resolution:
---------------------------------------------------------------------------
3. 89 Cong. Rec. 634, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That Ralph R. Roberts, of the State of Indiana,
be, and he is hereby, chosen Doorkeeper of the House of
Representatives.
The incumbent Doorkeeper, Joseph J. Sinnott, had died on Jan. 27,
1943.(4)
---------------------------------------------------------------------------
4. See 89 Cong. Rec. 421, 78th Cong. 1st Sess., Jan. 28, 1943, for
announcement of Doorkeeper's death.
---------------------------------------------------------------------------
Chaplain
Sec. 16.7 A Chaplain who resigned because of illness was elected
Chaplain emeritus.
On Jan. 30, 1950,(5) Mr. John W. McCormack, of
Massachusetts, offered and the House agreed to the following House
resolution (H. Res. 453):
---------------------------------------------------------------------------
5. 96 Cong. Rec. 1095, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That immediately following his resignation as
Chaplain of the House of Representatives, James Shera
Montgomery be, and he is hereby, appointed Chaplain emeritus of
the House of Representatives, with salary at the basic rate of
$2,350 per annum, payable monthly, to be paid out of the
contingent fund
[[Page 579]]
of the House until otherwise provided by law.(6)
---------------------------------------------------------------------------
6. After the House agreed to the above resolution, the Speaker laid
before the House a letter of resignation from Rev. Montgomery
which indicated that the reason for his action was illness. The
resignation was accepted without objection.
See also 6 Cannon's Precedents Sec. 31, for letter of
resignation of Rev. Henry N. Couden as Chaplain and House
resolution electing him Chaplain emeritus. Rev. Montgomery
succeeded Rev. Couden.
---------------------------------------------------------------------------
Sec. 16.8 A Chaplain was elected following resignation of the
incumbent.
On Jan. 30, 1950,(7) Mr. Francis E. Walter, of
Pennsylvania, offered and the House agreed to the following House
resolution (H. Res. 454):
---------------------------------------------------------------------------
7. 96 Cong. Rec. 1097, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That Rev. Bernard Braskamp, of the District of
Columbia, be, and he is hereby, chosen Chaplain of the House of
Representatives.
Rev. Braskamp succeeded Rev. Montgomery.
Sec. 16.9 A temporary appointee as Chaplain during one Congress was
elected Chaplain at the commencement of the next Congress.
On Jan. 10, 1967,(8) at the commencement of the 90th
Congress, Rev. Edward Gardiner Latch, D.D., L.H.D., who had served as
acting Chaplain since his appointment on Mar. 14, 1966,(9)
was elected Chaplain of the House in an uncontested vote.
---------------------------------------------------------------------------
8. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
9. See Sec. 22.4, infra, for appointment of Rev. Latch.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 17. Oath; Compensation
Rule II of the House Rules and Manual provides that each person who
is elected to the office of Clerk,(10) Sergeant at Arms,
Doorkeeper, Postmaster, or Chaplain, ``. . . shall take an oath to
support the Constitution of the United States, and for the true and
faithful discharge of the duties of his office to the best of his
knowledge and ability, and to keep the secrets of the House . .
.''(11)
---------------------------------------------------------------------------
10. Administration of the oath to the Clerk by the Speaker is required
by statute, 2 USC Sec. 25. Although the Speaker is not required
to administer the oath to any other officer, he does so in
practice (see 1 Hinds' Precedents Sec. 81).
11. See 1 Hinds' Precedents Sec. 187, indicating that the requirement
that the officers be sworn to keep the secrets of the House is
obsolete.
---------------------------------------------------------------------------
The officers of the House take the following oath:
I, AB, do solemnly swear (or affirm) that I will support and
defend the Con
[[Page 580]]
stitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation
or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter. So
help me God. (5 USCA Sec. 3331.)
The compensation of House officers is determined by statute, and
adjustments thereto are sometimes effected by resolution. Statutes
establish the compensation for the Clerk,(12) Sergeant at
Arms,(13) Doorkeeper,(14)
Postmaster,(1) and Chaplain.(2)
---------------------------------------------------------------------------
12. See 2 USCA Sec. 60e-13, which provides that compensation of the
Clerk of the House of Representatives shall equal that of the
Secretary of the Senate and Sergeant at Arms of the Senate.
13. See 2 USCA Sec. 60e-13, which provides that compensation of the
Sergeant at Arms of the House shall equal that of the Secretary
of the Senate and Sergeant at Arms of the Senate.
2 USCA Sec. 77 provides that the Sergeant at Arms shall
receive no compensation in addition to the salary prescribed by
law.
14. See 2 USCA Sec. 76-1, which provides that the compensation of the
House Doorkeeper shall equal that of the Clerk and Sergeant at
Arms of the House.
1. 2 USCA Sec. 84-1.
2. 2 USCA Sec. 84-2.
---------------------------------------------------------------------------
The House by resolution has established,(3)
increased,(4) and adjusted the amount of an officer's
compensation;(5) and it has by the same method suspended
statutory salaries and replaced them with an administrative
schedule.(6) Resolutions have also been passed to prevent
payment of dual compensation to one person who held two offices
concurrently.(7)
---------------------------------------------------------------------------
3. See Sec. 17.4, infra.
4. See Sec. 17.5, infra.
5. See Sec. 17.6, infra.
6. See Sec. 17.7, infra.
7. See Sec. 17.3, infra, for joint resolution and Sec. 16.3, supra,
for simple resolution disallowing dual compensation to the
clerk during the period he served concurrently as Sergeant at
Arms. -------------------
---------------------------------------------------------------------------
Oath
Sec. 17.1 An officer elected to hold an additional office concurrently
takes a separate oath for the additional office.
When he was chosen to serve concurrently as Sergeant at Arms on
July 8, 1953,(8) Lyle O. Snader, of Illinois, appeared at
the bar of the House to take the oath as Sergeant at Arms
notwithstanding the fact that he had taken an oath when he was elected
Clerk.
---------------------------------------------------------------------------
8. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
See Sec. 16.3, supra, for a discussion of election of the
clerk as Sergeant at Arms.
---------------------------------------------------------------------------
Sec. 17.2 A person elected as a permanent officer appears at
[[Page 581]]
the bar of the House to take the oath administered by the
Speaker.(9)
---------------------------------------------------------------------------
9. See for example 96 Cong. Rec. 1311, 81st Cong. 2d Sess., Feb. 1,
1950, administration of oath to Rev. Bernard Braskamp after
election as Chaplain of the House.
---------------------------------------------------------------------------
Parliamentarian's Note: As a general rule, a person designated by
the Speaker to act as a temporary officer pursuant to 2 USCA Sec. 75a-1
does not appear at the bar of the House to take the oath but subscribes
to it in writing when he accepts the appointment.(10)
---------------------------------------------------------------------------
10. But see Sec. 22.3, infra, for a discussion of appointment of Zeake
W. Johnson, Jr., as temporary Sergeant at Arms following his
resignation as Sergeant at Arms. On that occasion, Mr. Johnson
appeared at the bar of the House to take the oath as acting
Sergeant at Arms from Speaker Carl Albert (Okla.).
---------------------------------------------------------------------------
Compensation
Sec. 17.3 The House and Senate by joint resolution have prevented
payment of dual compensation to a person who held two offices.
On July 8, 1953, the House(11) and Senate(12)
passed the following joint resolution (H.J. Res. 292:(13)
---------------------------------------------------------------------------
11. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
12. Id. at p. 8203.
13. Pub. L. No. 83-106, 83d Congress, approved July 9, 1953, 67 Stat.
141.
---------------------------------------------------------------------------
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Lyle O.
Snader, of the State of Illinois, be, and he is hereby,
authorized, notwithstanding the provisions of any other law, to
serve concurrently as Clerk and Sergeant-at-Arms of the House
of Representatives until another person is chosen by the House
of Representatives to be and duly qualifies as Sergeant-at-
Arms; and while the said Lyle O. Snader is so serving the
compensation received by him as Clerk of the House of
Representatives shall be in full discharge for any services
rendered by him to the House of Representatives during such
period of concurrent service.
Parliamenatarian's Note: Because a statute (5 USCA Sec. 58)
prohibited anyone from receiving dual compensation from the government,
the joint resolution was enacted to remove all doubt of the necessity
to pay dual compensation, which if paid or required to be paid, might
have made it illegal for one person to occupy two offices. A House
resolution was also passed on this occasion.(14)
---------------------------------------------------------------------------
14. See Sec. 16.3, supra, for a discussion of the clerk's election as
Sergeant at Arms and the House resolution offered on this
occasion.
---------------------------------------------------------------------------
Sec. 17.4 The House has established a base rate of compensation for an
officer to be paid as long as the office is held by the present
incumbent.
[[Page 582]]
On Feb. 2, 1961,(15) a Member, John W. McCormack, of
Massachusetts, offered and the House agreed to the following resolution
(H. Res. 138):
---------------------------------------------------------------------------
15. 107 Cong. Rec. 1682, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That effective February 1, 1961, the basic
compensation of the Deputy Sergeant at Arms (charge of pairs),
Office of the Sergeant at Arms, shall be at the rate of $7,000
per annum so long as held by the present incumbent. The
additional amounts necessary to carry out this resolution shall
be paid out of the contingent fund until otherwise provided by
law.
Sec. 17.5 The House has provided additional compensation for an officer
to be paid as long as the office is held by the present incumbent.
On July 31, 1953,(16) a Member, Karl M. LeCompte, of
Iowa, offered and the House agreed to the following resolution (H. Res.
355):
---------------------------------------------------------------------------
16. 99 Cong. Rec. 10671, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That effective August 1, 1953, there shall be
paid out of the contingent fund of the House until otherwise
provided by law additional compensation at the gross rate of
$1,254 per annum to the Chaplain of the House of
Representatives so long as the position is held by the present
incumbent.
Sec. 17.6 The House by simple resolution has adjusted a salary
established by statute.
On Mar. 31, 1965,(17) a Member, Carl Albert, of
Oklahoma, offered and the House agreed to the following resolution (H.
Res. 313):
---------------------------------------------------------------------------
17. 111 Cong. Rec. 6412, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That, effective April 1, 1965, the compensation
of the Chaplain of the House of Representatives shall be at a
gross per annum rate which is equal to the gross per annum rate
of compensation of the Chaplain of the Senate. The additional
sums necessary to carry out this resolution shall be paid out
of the contingent fund of the House until otherwise provided by
law.
Parliamentarian's Note: This resolution was intended to remove the
inequity in the Federal Employee's Salary Act of 1964 which increased
the salary of the House Chaplain from $10,000 to $12,500 (2 USCA Sec.
84-2) while at the same time raising the salary of the Chaplain of the
Senate to $15,000 (2 USCA Sec. 61d).
Sec. 17.7 The House by simple resolution has suspended fixed salaries
for certain officers and substituted an administrative compensation
schedule.
On Oct. 4, 1972,(18) a Member, Wayne L. Hays, of Ohio,
on behalf of the Committee on House Administration, offered and the
[[Page 583]]
House passed the following resolution (H. Res. 890):
---------------------------------------------------------------------------
18. 118 Cong. Rec. 33744, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That, (a) until otherwise provided by law, the
per annum gross rate of compensation of the Clerk, the
Doorkeeper, the Sergeant at Arms, and the Chief of Staff of the
Joint Committee on Internal Revenue Taxation of the House of
Representatives, shall be equal to the annual rate of basic pay
fixed for level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(b) Until otherwise provided by law, such amounts as may be
necessary to carry out subsection (a) of this resolution shall
be paid out of the contingent fund of the House of
Representatives.
(c) This resolution shall become effective on the effective
date of the first adjustment, following the effective date of
this resolution, in the annual rate of basic pay of offices and
positions under the Executive Schedule in subchapter II of
chapter 53 of title 5, United States Code.
In offering the resolution, the Chairman of the Committee on House
Administration, Mr. Hays, explained:
. . . [T]he intent of the resolution is that if and when there
is another adjustment in salaries of Members of Congress that the
officers mentioned herein will be placed in a lower grade level so
that there will be a wider gap between the salary of the Doorkeeper
and that of a Member of Congress. At the present time the salary of
a Member of Congress, as the gentleman from Missouri well knows, is
$42,500. The Doorkeeper's salary is $40,000. There has been a lot
of criticism and comment. This does not do anything to him and the
others now. It does not do anything to him and others until and
unless there is an increase in the income of Members, and then it
puts them at a lower level.
For example, if a Member of Congress say--and I am picking a
figure out of the air--went up to $47,500, the Office of Doorkeeper
would go up to something like $42,000 instead of $45,000.
The provisions of this resolution relating to compensation of the
Clerk, Sergeant at Arms, and Doorkeeper were enacted as Public Law No.
92-607, Oct. 31, 1972, 86 Stat. 1509.
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 18. Duties of the Clerk
The duties of the Clerk are prescribed by statute and by the rules
of the House.(19) The Clerk's responsibilities include (1)
preparing for and presiding at the commencement of Congress and after
the death of a Speaker;(20) (2) assisting the House in
legislative and nonlegislative business;(1) (3) receiving
and submit
[[Page 584]]
ting documents;(2) (4) assisting individual
Members;(3) and (5) paying the officers and employees of the
House.(4)
---------------------------------------------------------------------------
19. See Rule III, House Rules and Manual Sec. Sec. 637-647 (1973) for
general duties of the Clerk.
20. See Rule III clause 1, House Rules and Manual Sec. Sec. 637, 638
(1973); 2 USC Sec. 26.
1. See, for example, Rule III clause 3, House Rules and Manual
Sec. Sec. 641-646 (1973), 2 USC Sec. 109, and Sec. Sec. 18.3-
18.8, infra.
2. See Sec. 23.8, infra, for a discussion of the procedure when the
Clerk receives a subpena.
3. See, for example, Rule III clause 2, House Rules and Manual
Sec. 640 (1973) and 2 USC Sec. 26; see also Sec. 18.9, infra.
4. See for example Rule III clause 3, House Rules and Manual Sec. 646
(1973) and 2 USC Sec. Sec. 60d and 60e; see also Sec. 18.10,
infra.
---------------------------------------------------------------------------
Prior to the commencement of the first session of each Congress,
the Clerk prepares the roll of Representatives-elect.(5) At
the first session of each Congress,(6) he calls Members to
order, calls the roll of Members by states in alphabetical order, and
pending the election of a Speaker or Speaker pro tempore, preserves
order and decides all questions of order subject to appeal by any
Member.
---------------------------------------------------------------------------
5. 2 USC Sec. 26. See, generally, Chs. 1 and 2, supra.
6. Rule III clause 1, House Rules and Manual Sec. Sec. 637-639 (1973).
---------------------------------------------------------------------------
The Clerk also announces receipt of credentials, recognizes
nominations for Speaker, appoints tellers for the roll call vote for
Speaker, announces the vote, and appoints a committee to escort the
Speaker-elect to the Chair.(7)
---------------------------------------------------------------------------
7. See Sec. Sec. 18.1, 18.2, infra, relating to announcing
credentials. Generally, see Ch. 1, supra.
---------------------------------------------------------------------------
To assist the House in its consideration of bills and resolutions,
the Clerk,(8) notes all questions of order and decisions
thereon and places them in the Journal, which he prints and distributes
at the close of each session, and certifies to the passage of all bills
and resolutions. He allows no papers out of his custody(9)
except by order of the House;(10) reports disorderly words
of a Member who has been called to order;(11) reads
bills;(12) makes corrections during engrossment of a bill
when authorized by the House;(13) reads names
alphabetically;(14) and presents enrolled bills to the
Speaker for signature and transmits them to the Senate.(15)
---------------------------------------------------------------------------
8. Rule III clause 3, House Rules and Manual Sec. Sec. 641, 643
(1973).
9. See Jefferson's Manual, House Rules and Manual Sec. 352 (1973).
10. Rule XXXVII, House Rules and Manual Sec. 933 (1973).
11. Jefferson's Manual, House Rules and Manual Sec. 368, and Rule XIV
clause 5, Sec. 761 (1973).
12. Jefferson's Manual, House Rules and Manual Sec. 428 (1973).
13. Jefferson's Manual, House Rules and Manual Sec. 479 (1973).
14. Jefferson's Manual, Sec. 504, and Rule XV clause 1, House Rules and
Manual Sec. 765 (1973).
15. Jefferson's Manual, House Rules and Manual Sec. 575 (1973).
---------------------------------------------------------------------------
The Clerk announces pairs after votes;(16) places bills
on the Con
[[Page 585]]
sent Calendar;(17) reads motions;(18) receives
all petitions, memorials, and private bills;(19) transmits
copies of amendments offered in the Committee of the Whole to the
majority and minority tables and cloakrooms;(20) retains
custody of discharge petitions and provides a place where Members may
sign them;(1) and supervises the preparation of the Daily
Record which includes legislative programs and committee meetings for
each day.(2)
---------------------------------------------------------------------------
16. Rule VIII clause 2, House Rules and Manual Sec. 660 (1973).
17. Rule XIII clauses 2 and 4, respectively, House Rules and Manual
Sec. Sec. 743, 746 (1973).
18. Rule XVI clause 2, House Rules and Manual Sec. 776 (1973).
19. Rule XXII clause 1, House Rules and Manual Sec. 849 (1973).
20. Rule XXIII clause 5, House Rules and Manual Sec. 870 (1973).
1. Rule XXVII clause 4, House Rules and Manual Sec. 908 (1973).
2. 44 USC Sec. 905.
---------------------------------------------------------------------------
The Clerk assists the House by performing duties not directly
related to consideration of bills and resolutions. For example, he
makes or approves all agreements relative to furnishing any matter or
thing, or for the performance of any labor for the House;(3)
attests and affixes the seal of the House to all writs, warrants, and
subpenas issued by order of the House;(4) retains in his
office library two copies of all books and documents deposited
there;(5) designates an official in his office to serve as
Clerk during his temporary absence;(6) receives reports of
personnel and accounting of funds from committees;(7)
receives all documents referred to and evidence taken by committees
after the final adjournment of Congress;(8) obtains all
noncurrent records of the House and each
[[Page 586]]
committee and transfers them to the General Services Administration for
preservation subject to House order;(9) sends to each state
Governor a certificate informing him of the number of Representatives
to which his state is entitled following each decennial
census;(10) arranges with the Board of Education of the
District of Columbia for the education of congressional and Supreme
Court pages;(11) operates the House recording
studio;(12) and obtains stationery.(13)
---------------------------------------------------------------------------
3. Rule III clause 3, House Rules and Manual Sec. 644 (1973).
The Clerk must purchase American goods in preference to
foreign goods of similar quality (2 USC Sec. 109) and is
prohibited from using House funds for expenses of the House
barbershops (2 USC Sec. 96).
The Clerk, not the Assistant Postmaster, was held to be
responsible for making contracts following the death of the
Postmaster (5 Hinds' Precedents Sec. 7235).
4. Rule III clause 3, House Rules and Manual Sec. 642 (1973).
5. Rule III clause 3, House Rules and Manual Sec. 641 (1973).
6. Rule III clause 4, House Rules and Manual Sec. 647 (1973). See 6
Cannon's Precedents Sec. 26 for form of this designation; see
also Sec. 18.17, infra, for a resolution authorizing the Clerk
to designate a subordinate to perform his duties.
7. Rule XI clause 30, House Rules and Manual Sec. 738 (1973).
8. Rule XXXVI clause 1, House Rules and Manual Sec. 932 (1973). See
Sec. 18.16, infra, for form of Clerk's report of committee
reports received during an adjournment.
9. Rule XXXVI clause 2, House Rules and Manual Sec. 932 (1973) and 44
USC Sec. 2114.
10. 2 USC Sec. 2a.
11. 2 USC Sec. 88a.
12. 2 USC Sec. 123c.
13. 2 USC Sec. 100; 44 USC Sec. 734. See also 5 Hinds' Precedents
Sec. 7322.
---------------------------------------------------------------------------
The Clerk is required both to submit and receive certain documents.
For example, he submits to the House at the commencement of each
Congress detailed statements disclosing names of clerks employed in his
office and expenditures from the contingent fund.(14) He
also reports amounts received and expended by his
office,(15) as well as receipts and expenditures of funds
available for disbursement.(16) He also submits accounts to
the General Accounting Office monthly(17) and
quarterly.(18)
---------------------------------------------------------------------------
14. 2 USC Sec. 102.
See Sec. 18.12, infra, which stases that responsibility
for printing this report has been assumed by the Committee on
House Administration.
15. 2 USC Sec. Sec. 103, 113.
16. The Clerk is authorized to require from his subordinate disbursing
officers precise and analytical statements and receipts for all
funds expended by them (2 USC Sec. 103). 2 USC Sec. 104a.
17. 31 USC Sec. 496.
18. 31 USC Sec. 497. 31 USC Sec. 72 (paragraph 8) provides that the
General Accounting Office shall receive the accounts of the
House of Representatives and certify balances arising thereon
to the Clerk.
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The Clerk receives records and other documents in connection with
campaigns for the House,(19) lobbying,(20)
contested elections,(1) and contractual actions for national
defense from each department and agency.(2)
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19. See 2 USC Sec. Sec. 431 et seq., which require the Clerk to receive
reports from political committees and candidates and prescribes
information to be disclosed by them.
20. See 2 USC Sec. Sec. 261 et seq., which require the Clerk to receive
registration information from lobbyists and statements of
accounts from persons receiving contributions.
1. See 2 USC Sec. Sec. 381 et seq., which require the Clerk to receive
notice of contested elections and all documents and depositions
relating to such contests.
2. 50 USC Sec. 1434(b).
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[[Page 587]]
The Clerk performs many duties for the House membership. For
example, he furnishes a list of reports required to be made to
Congress.(3) He procures postage,(4) approves
vouchers for payment of home district office expenses,(5)
furnishes electrical and mechanical office equipment,(6) and
reimburses Members a fixed amount for long distance telephone
calls.(7)
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3. Rule III clause 2, House Rules and Manual Sec. 640 (1973).
4. 2 USC Sec. 42.
5. 2 USC Sec. Sec. 22, 56.
6. 2 USC Sec. 112e.
7. 2 USC Sec. 46g-1.
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The Clerk pays the officers and employees of the
House,(8) as well as clerks designated by the
membership.(9)
---------------------------------------------------------------------------
8. 2 USC Sec. Sec. 60d and 60e. See also Rule III clause 3, House
Rules and Manual Sec. 646 (1973).
9. 2 USC Sec. 92.
The Clerk makes a monthly certificate stating whether
persons listed as employees were actually present (2 USC Sec.
89) and is authorized to withhold from compensation any amount
which an employee owes to the House (2 USC Sec. 89a).
Congress enacted two statutes dealing with continuity of
disbursement. One, codified as 2 USC Sec. 75a, authorizes the
disbursing clerk to continue the accounts, make payments, and
sign checks in the name of the former Clerk for a period not
extending beyond the quarter during which a new Clerk is
elected and qualified. The other, codified as 2 USC Sec. 49,
authorizes the Clerk to sign certificates for monthly
compensation during the recess between the first and second
sessions. the Speaker signs these certificates (2 USC Sec. 48)
when the House holds sessions.
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Duties Prior to Election of a Speaker
Sec. 18.1 The Clerk, after receiving a certificate of election filed in
due form, has placed the name of the Member so named on the roll
notwithstanding the fact that the secretary of state of the Member-
elect's state was restrained by court order from certifying the
election of a Representative from that district.
On Jan. 3, 1949,(10) the Clerk, Ralph R. Roberts, made
the following announcement to the House:
---------------------------------------------------------------------------
10. 95 Cong. Rec. 8, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Statement Regarding Certain Credentials
The Clerk: A certificate of election is on file in the Clerk's
office, showing the election of John C. Davies as a Representative-
elect to the Eighty-first Congress from the Thirty-fifth
Congressional District of the State of New York.
Several communications have been received from the executive
deputy sec
[[Page 588]]
retary of state for the State of New York informing the Clerk that
a case is pending before the supreme court, Albany County, N. Y.,
and that the said secretary of state is restrained from certifying
the election of a Representative from this congressional district.
However, in view of the fact that a certificate of election in due
form has been filed with the Clerk by John C. Davies, the Clerk has
therefore placed his name on the roll. . . .
The Clerk made this announcement after the quorum call and before
the election of the Speaker.(11)
---------------------------------------------------------------------------
11. See Sec. 18.19, infra, for the form of the Clerk's announcement of
receipt of a certificate of election.
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Sec. 18.2 Following the death of a Speaker during a Congress, the Clerk
presides until a new Speaker is elected and appoints a committee to
escort the Speaker-elect to the Chair.(12)
---------------------------------------------------------------------------
12. See Ch. 1, supra, for a discussion of the Clerk's duty to preside
until a Speaker is elected at the commencement of each
Congress.
---------------------------------------------------------------------------
On Thursday, June 4, 1936,(13) the Clerk, South Trimble,
called the House to order and made the following announcement:
---------------------------------------------------------------------------
13. 80 Cong. Rec. 9016, 9017, 74th Cong. 2d Sess.
---------------------------------------------------------------------------
The Clerk: Gentlemen of the House of Representatives, it
becomes my sad and painful duty to announce to the House the sudden
death of your beloved Speaker, the Honorable Joseph W. Byrns, a
Representative from the State of Tennessee.
Speaker Byrns presided over the House on yesterday, presumably
in his accustomed good health, but shortly after his arrival at his
apartment he was stricken and soon thereafter passed away. In his
death this House has suffered the loss of an able, fair, and
impartial presiding officer; the country a legislator of long
experience, a statesman of courage and marked ability; and his
State of Tennessee a noteworthy citizen.
The duty of selecting one to preside over the deliberations of
the House now rests upon you.
Mr. [John J.] O'Connor [of New York]: Mr. Clerk, in view of the
unfortunate circumstances in which we find ourselves, and with no
disrespect to our beloved Speaker who has left us, it becomes
necessary, in order that the House may function and the machinery
of government may not stop, that the House proceed to the election
of a Speaker.
I present the following resolution and move its adoption.
The Clerk read as follows:
House Resolution 543
Resolved, That Hon. William B. Bankhead, a Representative
from the State of Alabama, be, and he is hereby, elected
Speaker of the House of Representatives.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. William B. Bankhead as
Speaker of the House of Representatives.
The Clerk: The question is on agreeing to the resolution.
[[Page 589]]
The resolution was agreed to.
A motion to reconsider was laid on the table.
The Clerk: The Clerk appoints the gentleman from New York [Mr.
O'Connor], the gentleman from New York [Mr. Snell], and the
gentleman from Colorado [Mr. Taylor] to escort the gentleman from
Alabama [Mr. Bankhead] to the chair.
The committee escorted Mr. Bankhead into the Chamber, and he
assumed the chair. The oath of office was administered to the
Speaker-elect by Mr. Sabath.(14)
---------------------------------------------------------------------------
14. Parliamentarian's Note: Joseph W. Byrns (Tenn.) was the first
Speaker to die while Congress was in session. Speaker Michael
C. Kerr (Ind.) died on Aug. 19, 1876, between sessions.
Following the death of Speaker Kerr, the Clerk, George M.
Adams, called the House to order at the commencement of the
second session on Dec. 4, 1876 (see 5 Cong. Rec. 2-6, 44th
Cong. 2d Sess., and 1 Cannon's Precedents Sec. 214). Speaker
Henry T. Rainey (Ill.) died on Aug. 19, 1934, after the second
session of the 73d Congress had adjourned.
---------------------------------------------------------------------------
On Monday, Sept. 16, 1940,(15) the Clerk, South Trimble,
called the House to order and made the following announcement:
---------------------------------------------------------------------------
15. 86 Cong. Rec. 12231, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
The Clerk: Members of the House of Representatives, it becomes
my sad and painful duty, as Clerk of the House of Representatives,
to inform you officially that your beloved Speaker [William B.
Bankhead, of Alabama] passed away yesterday morning at the Naval
Hospital in this city.
America has lost one of her greatest statesmen and patriots,
the House of Representatives a most able and eloquent Speaker, and
the State of Alabama a noble and courageous son.
In accordance with the rules and practices of the House of
Representatives, it now becomes the duty of this House to elect a
Speaker. What is the pleasure of this House?
Mr. [John W.] McCormack [of Massachusetts]: Mr. Clerk, in view
of the unfortunate circumstances in which the House finds itself,
and with a feeling of very profound respect for the memory of our
beloved Speaker who has left us, it becomes necessary, in order
that the House may continue to function and the machinery of
Government may go on, that the House proceed to the election of a
Speaker.
I therefore offer the following resolution, and move its
adoption.
The Clerk read as follows:
House Resolution 602
Resolved, That Hon. Sam Rayburn, a Representative from the
State of Texas, be, and he is hereby, elected Speaker of the
House of Representatives.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Sam Rayburn as Speaker of the
House of Representatives.
The resolution was agreed to.
The Clerk: The Clerk appoints the gentleman from Massachusetts
[Mr. McCormack], the gentleman from Massachusetts [Mr. Martin], and
the gentleman from North Carolina [Mr. Doughton] to escort the
gentleman from Texas [Mr. Rayburn] to the chair.
[[Page 590]]
The committee escorted Mr. Rayburn into the Chamber, and he
assumed the chair.
The oath of office was administered to the Speaker-elect by Mr.
Sabath.
Mr. [Robert L.] Doughton: Ladies and gentlemen of the House, I
present the newly elected Speaker of the House of Representatives,
a worthy successor to our late beloved Speaker the Honorable
William B. Bankhead, the gentleman from Texas [Mr. Rayburn].
The Speaker: The Chaplain will offer prayer.
On Jan. 10, 1962,(16) the Clerk, Ralph R. Roberts,
called the House to order and made the following announcement:
---------------------------------------------------------------------------
16. 108 Cong. Rec. 5, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Members of the House of Representatives, the time has arrived
for the meeting of the 2d session of the 87th Congress. Since the
last session of Congress the great and beloved Speaker of the House
[Sam Rayburn, of Texas] has departed this life.
The Clerk of the House, in conformity with the rules, has
called the House to order for the purpose of electing a Speaker.
The roll will be called to ascertain whether a quorum is present.
The Clerk will call the roll. . . .
Following a quorum call, the Clerk proceeded to the election of the
Speaker.
Election of Speaker
The Clerk: Nominations for Speaker of the House of
Representatives are now in order.
The Clerk recognizes the gentleman from Pennsylvania [Mr.
Francis Eugene Walter].
Mr. Walter: Mr. Clerk, as chairman of the Democratic caucus I
am directed by the unanimous vote of that caucus to present for
election to the office of Speaker of the House of Representatives
the name of the Honorable John W. McCormack, a Representative from
the State of Massachusetts.
The Clerk: The gentleman from Iowa [Mr. Hoeven] is recognized.
Mr. [Charles B.] Hoeven: Mr. Clerk, by authority, by direction,
and by unanimous vote of the Republican conference, I nominate for
Speaker of the House of Representatives the Honorable Charles A.
Halleck, a Representative from the State of Indiana.
The Clerk: The Honorable John W. McCormack of Massachusetts and
the Honorable Charles A. Halleck of Indiana have been nominated for
Speaker.
Are there further nominations? [After a pause.] If there are no
further nominations, the Clerk will appoint the following Members
to act as tellers: the gentleman from Texas [Mr. Burleson]; the
gentlewoman from Missouri [Mrs. Sullivan]; the gentleman from Ohio
[Mr. Schenck]; and the gentlewoman from Tennessee [Mrs. Reece].
The tellers will please take their places at the desk in front
of the Speaker's rostrum.
The roll will now be called, and Members responding to their
names will indicate by surname the candidate of their choice.
The Clerk will call the roll. . . .
The Clerk: The tellers agree in their tally. The total number
of votes
[[Page 591]]
cast was 414, of which the Honorable John W. McCormack received
248, and the Honorable Charles A. Halleck received 166. Two voted
``present.'' Therefore, the Honorable John W. McCormack of
Massachusetts is the duly elected Speaker of the House of
Representatives for the 87th Congress.
The Clerk appoints the following Members to escort the Speaker-
elect to the Chair: The gentleman from Indiana [Mr. Halleck] and
the gentleman from Oklahoma [Mr. Albert].
(The Doorkeeper announced the Speaker-elect of the House of
Representatives, who was escorted to the Chair by the committee of
escort.(17)
---------------------------------------------------------------------------
17. Parliamentarian's Note: Speaker Rayburn presided over the House for
the last time on Aug. 30, 1961. On Aug. 31, 1961, John W.
McCormack by resolution was elected Speaker pro tempore
``during the absence of the Speaker.''
The first session of the 87th Congress adjourned sine die
on Sept. 27, 1961. Speaker Rayburn died on Nov. 16, 1961, in
Bonham, Tex.
---------------------------------------------------------------------------
Reports to the House
Sec. 18.3 The Clerk reported to the House delivery of a message to the
Supreme Court.
On Mar. 14, 1930,(18) the Clerk read the following
letter:
---------------------------------------------------------------------------
18. 72 Cong. Rec. 5330, 71st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker of the House of Representatives.
Sir: I have the honor to inform you that pursuant to the
direction of the House I did this day deliver to the Supreme
Court of the United States, in session, copies of the
resolutions adopted by the House of Representatives on March
10, 1930, expressing the sorrow of the House because of the
death of William Howard Taft, former Chief Justice, and of
Edward Terry Sanford, late associate justice of the Supreme
Court.
Mr. Chief Justice Hughes, on behalf of the court expressed
appreciation of the action of the House of Representatives and
directed that the resolutions be spread upon the court's
records.
Respectfully,
William Tyler Page,
Clerk of the
House of Representatives.
Sec. 18.4 The Clerk has reported to the House receipt of a message from
a former President.
On June 16, 1969,(19) the Speaker, John W. McCormack, of
Massachusetts, laid before the House the following letter from the
Clerk:
19. 115 Cong. Rec. 15822, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
June 11, 1969.
The Honorable the Speaker,
U.S. House of Representatives.
Dear Sir: I have the honor to transmit herewith a letter of
thanks to the Members of the House of Representatives from the
Honorable Harry S. Truman, for the resolution of the Congress
of the United States of America extending best wishes on the
occasion of Mr. Truman's 85th birthday.
With kindest regards, I am,
[[Page 592]]
Sincerely,
W. Pat Jennings,
Clerk,
U.S. House of Representatives.
Roll Call Duties
Sec. 18.5 Prior to implementation of electronic voting, the Clerk
called the roll at the direction of the Chair when the Committee of
the Whole lacked a quorum.
On May 3, 1933,(20), the Clerk called the roll after
receiving a direction from the Chair, Samuel Davis McReynolds, of
Tennessee. Chairman McReynolds had overruled a point of order that the
roll call was not in order in the Committee of the Whole. The Committee
did not have a quorum and rejected a motion to rise. The Chair ordered
the roll call pursuant to Rule XXIII clause 2, of the House Rules and
Manual.(1)
---------------------------------------------------------------------------
20. 77 Cong. Rec. 2834, 73d Cong. 1st Sess.
1. Under the electronic voting system adopted in January 1973, the
Chairman ordinarily directs the Members to record their
presence by electronic device when the Committee of the Whole
lacks a quorum, thereby obviating the need for the Clerk to
call the roll. See Rule XXIII clause 2, House Rules and Manual
Sec. 863 (1973). Generally, see Ch. 30, infra, noting that the
Clerk still calls the roll under certain circumstances.
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Renumbering of Bill Sections
Sec. 18.6 During a meeting of the House, but not the Committee of the
Whole, the Clerk may be authorized to renumber sections of a bill
following an amendment made in the Committee.
On Apr. 29, 1969,(2) a Member, Hastings Keith, of
Massachusetts, made a parliamentary inquiry regarding the Clerk's
authority to renumber sections of a bill:
---------------------------------------------------------------------------
2. 115 Cong. Rec. 10753, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Keith: Mr. Chairman, I, of course, have no objection to
this amendment but I do have a parliamentary inquiry.
The Chairman [Jacob H. Gilbert, of New York]: The gentleman
will state the parliamentary inquiry.
Mr. Keith: Mr. Chairman, if the amendment is adopted and I hope
and trust it will be; would that not require the renumbering of the
lines in which the earlier amendments have been incorporated into
the existing legislation?
The Chairman: The gentleman may request that the Clerk be
authorized to renumber accordingly.
Mr. Keith: I would so request.
The Chairman: The gentleman may make the request that the Clerk
be authorized to renumber the sections accordingly after the
Committee rises and we are in the House.(3)
---------------------------------------------------------------------------
3. See Jefferson's Manual, House Rules and Manual Sec. 479 (1973) for
authority to amend section numbers pursuant to resolution.
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[[Page 593]]
Duties Related to the Seal of the House
Sec. 18.7 The Clerk has been authorized to purchase a new seal for the
House.
On Dec. 18, 1963,(4) a Member, Samuel N. Friedel, of
Maryland, offered and the House passed the following resolution (H.
Res. 560):
---------------------------------------------------------------------------
4. 109 Cong. Rec. 24912, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House of Representatives shall
procure a new seal and press for the use of the House of
Representatives, which shall possess fifty stars, emblematic of the
fifty States of the Union, and shall depict the Capitol as it
currently appears.
Resolved, That upon approval of the new seal by the Committee
on House Administration, the chairman shall notify the Speaker and
it shall then become the official great seal of the House of
Representatives.
Resolved, That the Clerk shall furnish an impression of the new
official great seal of the House of Representatives to the
Administrator of General Services.
Resolved, That the necessary expenses for procuring the new
seal shall be paid out of the contingent fund of the House on
vouchers signed by the Clerk and approved by the Committee on House
Administration.
The resolution was agreed to and the motion to reconsider was laid on
the table.
Keeping Custody of House Records
Sec. 18.8 At the direction of the House, the Clerk may make available
certain records.
On June 16, 1953,(5) by direction of the committee on
House Administration, a Member, Karl M. LeCompte, of Iowa, offered and
the House agreed to the following resolution (H. Res. 288):
---------------------------------------------------------------------------
5. 99 Cong. Rec. 6641, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House is authorized to permit
the Administrator of General Services to make available for use--
(1) any records of the House of Representatives, transferred to
the National Archives, which have been in existence for not less
than 50 years, except when he determines that the use of such
records would be detrimental to the public interest; and
(2) any records of the House of Representatives, transferred to
the National Archives, which have previously been made public.
Sec. 2. Such permission may continue so long as it is
consistent with the rights and privileges of the House of
Representatives.
On Oct. 2, 1964,~(6~) a Member, Omar T. Burleson, of
Texas, offered and the House passed the following House resolution (H.
Res. 902):
---------------------------------------------------------------------------
6. 110 Cong. Rec. 23785, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That upon assurances of proper protection,
preservation, and re
[[Page 594]]
turn, the Clerk of the House of Representatives is directed to make
available to the Administrator of General Services the records of
the House of Representatives relating to the First Federal Congress
for reproduction and publication in accordance with the historical
objectives of Public Law 88-383.(7)
---------------------------------------------------------------------------
7. Pub. L. No. 88-383 (see 44 USCA Sec. 2504 note) authorized a
historical compilation of records of the First Congress.
---------------------------------------------------------------------------
On July 23, 1947,(8) a Member, Justin Leroy Johnson, of
California, offered and the House passed the following resolution (H.
Res. 325):
---------------------------------------------------------------------------
8. 93 Cong. Rec. 9885, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House of Representatives be,
and he is hereby, authorized to transmit to the California State
Library at Sacramento, Calif., photostatic copies of the memorial
and attendant papers in the files of the House relating to the bill
H.R. 3818 of the Forty-fourth Congress entitled ``An act for the
relief of John A. Sutter,'' the cost of such photostatic copies to
be paid by the California State Library.
Parliamentarian's Note: The papers referred to in this precedent
were stored in the National Archives.
Identification Cards
Sec. 18.9 The House by resolution has authorized the Clerk to furnish
identification cards for House and Members' employees.
On July 1, 1965,(9) a Member, Wayne L. Hays, of Ohio, by
direction of the Committee on House Administration, introduced and the
House passed the following resolution (H. Res. 261):
---------------------------------------------------------------------------
9. 111 Cong. Rec. 15501, 15502, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved . . .
That, upon the request of the Speaker, a Member, elected
officer of the House of Representatives, or the chairman of any
committee of the House, the Clerk of the House of
Representatives shall furnish cards of identification to such
employees under their jurisdiction as they may designate. Each
such card shall be signed by the Speaker, Member, officer, or
committee chairman concerned, and shall not be valid for a
longer period than the duration of one session of a Congress.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Payroll Duties
Sec. 18.10 The House by resolution has authorized the Clerk to transfer
funds from balances available to him in several accounts under his
administrative control to meet employee payrolls pending enactment
of an appropriation bill carrying funds for that purpose.
[[Page 595]]
On May 28, 1969,(10) Mr. Samuel N. Friedel, of Maryland,
by direction of the Committee on House Administration offered and the
House agreed to the following resolution (H. Res. 425):
---------------------------------------------------------------------------
10. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House and Sergeant at Arms be
and is hereby directed to pay such sum as may be necessary, from
the balance available of the 1968 appropriation and the various
funds of the 1969 appropriation, where balances may be available,
for the House of Representatives to meet the May and June payroll
of Members, officers of the House, and employees of the House.
Moneys expended from these funds and/or appropriations by the
Sergeant at Arms and the Clerk will be repaid to the funds and/or
appropriations from the Sergeant at Arms and Clerk's supplemental
appropriation upon its approval.(11)
---------------------------------------------------------------------------
11. Parliamentarian's Note: This resolution was passed to provide
payroll funds because the Committee on House Administration had
been advised that funds previously appropriated were exhausted.
---------------------------------------------------------------------------
Computer Services
Sec. 18.11 The Clerk's responsibility for computer operations has been
assumed by the Committee on House Administration.
On Nov. 9, 1971,(12~) the Committee on House
Administration assumed responsibility for the computer operations of
the House. By direction of this committee, Mr. Frank J. Thompson, Jr.,
of New Jersey, offered and the House agreed to the following resolution
(H. Res 601):
---------------------------------------------------------------------------
12. 117 Cong. Rec. 40015-17, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That during the Ninety second Congress, the Committee
on House Administration is authorized to incur such expenses (not
in excess of $1,500,000) as the committee considers advisable to
provide for maintenance and improvement of ongoing computer
services for the House of Representatives and for the investigation
of additional computer services for the House of Representatives,
including expenditures for the employment of technical, clerical,
and other assistants, for the procurement of services of individual
consultants or organizations thereof pursuant to section 202(i) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)), and
for the procurement of equipment by contract or otherwise. Such
expenses shall be paid out of the contingent fund of the House on
vouchers authorized and approved by such committee, and signed by
the chairman thereof. Not to exceed $1,000,000 of the total amount
provided by this resolution may be used to procure the temporary or
intermittent services of individual consultants or organizations
thereof pursuant to section 202(i) of the Legislative
Reorganization. Act of 1946 (2 U.S.C. 72a(i)); but this monetary
limitation on the procurement of such services shall not prevent
the use of such funds for any other authorized purpose.
Sec. 2. No part of the funds authorized by this resolution
shall be avail
[[Page 596]]
able for expenditures in connection with the study or investigation
of any subject matter which is being investigated for the same
purpose by any other committee of the House.
Sec. 3. Funds authorized by this resolution shall be expended
pursuant to regulations established by the Committee on House
Administration in accordance with existing law.
Parliamentarian's Note: Prior to passage of the above resolution,
the Data Processing Office of the Clerk had responsibility for computer
operations.
Contingent Fund Reports
Sec. 18.12 The Clerk's responsibility for printing the Clerk's report
dealing with the contingent fund has been assumed by the Committee
on House Administration.
On Sept. 23, 1961,(13) the Committee on House
Administration assumed responsibility for printing the report of the
Clerk of the House, dealing with the contingent fund, pursuant to 2
USCA Sec. 102. By direction of the Committee on House Administration,
Mr. Omar T. Burleson, of Texas, offered and the House agreed to the
following resolution (H. Res. 476):
---------------------------------------------------------------------------
13. 107 Cong. Rec. 20946, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That, until otherwise provided by law, the Committee
on House Administration shall have exclusive responsibility for
prescribing the form of, and having printed, the portion of the
report of the Clerk of the House under section 60 of the Revised
Statutes (2 USC 102) dealing with the contingent fund of the House.
Parliamentarian's Note: Prior to adoption of this resolution, the
Clerk printed the report of the Clerk of the House.
Receipt of Messages and Reports
Sec. 18.13 The Clerk is sometimes authorized by resolution to receive
messages during adjournments.
On June 22, 1940,(14) for example, Mr. Sam Rayburn, of
Texas, offered and the House agreed to the following resolution (H.
Res. 545)
---------------------------------------------------------------------------
14. 86 Cong. Rec. 9085, 76th Cong. 3d Sess.
See also 108 Cong. Rec. 577, 87th Cong. 2d Sess., Jan. 22,
1962; 108 Cong. Rec. 9524, 87th Cong. 2d Sess., May 31, 1962;
110 Cong. Rec. 16248, 16249, 88th Cong. 2d Sess., July 20,
1964, for similar instances.
---------------------------------------------------------------------------
Resolved, That notwithstanding the recess or the adjournment of
the House until July 1, 1940, the Clerk of the House is hereby
authorized to receive messages from the Senate and the Speaker be,
and he is hereby, authorized to sign any enrolled bills or joint
resolutions duly passed by the two
[[Page 597]]
Houses and which have been examined by the Committee on Enrolled
Bills and found truly enrolled.
The resolution was agreed to.
Sec. 18.14 The Clerk reports receipt during adjournment of a message
from the President to the Speaker who lays it before the House.
When the clerk during an adjournment receives a message from the
President(15) he transmits the message with a covering
letter to the Speaker who lays both communications before the House.
---------------------------------------------------------------------------
15. See Sec. 18.4, supra, for procedure when receiving a message from a
former President.
---------------------------------------------------------------------------
For example on Feb. 20, 1969,(16) the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following
communication from the Clerk:
---------------------------------------------------------------------------
16. 115 Cong. Rec 4088, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
The Honorable the Speaker,
U.S. House of Representatives.
Dear Sir: I have the honor to transmit herewith a sealed
envelope addressed to the Speaker of the House of
Representatives, said to contain a message from the President
wherein he transmits a special study regarding the
administration of the Headstart program. This envelope was
received in the Office of the Clerk at 3:55 p.m. on Wednesday,
February 19, 1969.
Sincerely,
Pat Jennings,
Clerk.
Sec. 18.15 The Clerk reports receipt of a message from the Senate to
the Speaker who lays the matter before the House.
When the Clerk during an adjournment receives a message from the
Senate, he transmits it with a covering letter to the Speaker who lays
both communications before the House.(17) For example, on
June 28, 1965,(18) the Speaker, John W. McCormack, of
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
17. See for example, 103 Cong. Rec. 13161, 85th Cong. 2d Sess., July 7,
1958; and 103 Cong. Rec. 13675, 85th Cong. 2d Sess., July 14,
1958, for similar instances.
18. 111 Cong. Rec. 14845, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
June 25, 1965.
The Honorable the Speaker,
House of Representatives.
Sir: Pursuant to authority granted on June 24, 1965, the
Clerk received from the Secretary of the Senate today, the
following message:
That the Senate passed H.J. Res. 541, entitled ``Joint
resolution to extend the Area Redevelopment Act for a period of
2 months.''
Respectfully yours,
Ralph R. Roberts,
Clerk,
U.S. House of Representatives.
Sec. 18.16 The Clerk reports receipt of committee reports received
during adjournment
[[Page 598]]
to the Speaker who lays the communication before the House.
On Jan. 10, 1947,(19) the Speaker, Joseph W. Martin,
Jr., of Massachusetts, laid before the House the following
communication:
---------------------------------------------------------------------------
19. 93 Cong. Rec. 236, 237, 80th Cong. 1st Sess.
January 8, 1947.
The Honorable the Speaker
House of Representatives.
Sir: During the interim between the adjournment of the
second session of the Seventy-ninth Congress and the convening
of the Eightieth Congress, the following reports were received
and printed by the Clerk of the House:
House Report No. 2729, Seventy-ninth Congress: Reconversion
experience and current economic problems. Submitted by Mr.
Colmer, from the Special Committee on Postwar Economic Policy
and Planning, pursuant to House Resolution 60. Filed December
12, 1946. . . .
House Report No. 2730, Seventy-ninth Congress: Operation of
national sales programs of surplus property by War Assets
Administration. Submitted by Mr. Slaughter, from the Select
Committee To Investigate Disposition of Surplus Property,
pursuant to House Resolution 385. Filed September 30, 1946....
Very truly yours,
John Andrews,
Clerk of the
House of Representatives
Designation of Subordinate
Sec. 18.17 The Clerk has been authorized by resolution to designate a
subordinate temporarily to perform his duties.
For example, on July 26, 1947,(20) the following
occurred:
---------------------------------------------------------------------------
20. 93 Cong. Rec. 10518, 80th Cong. 1st Sess.
See for example, 92 Cong. Rec. 10781, 79th Cong. 2d Sess.,
Aug. 2, 1946; and 94 Cong. Rec. 9348, 80th Cong. 2d Sess., June
19, 1948, for other resolutions.
---------------------------------------------------------------------------
Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I offer a
resolution (H. Res. 351) and ask for its immediate consideration. .
Resolved, That in order that the duties of his office may
be discharged in case of his absence or disability or in case
his office should become vacant, the Clerk of the House of
Representatives on or before July 26, 1947, shall designate a
subordinate in his office to perform the duties thereof in any
such contingencies until the commencement of the second session
of the Eightieth Congress. Such designee when acting under this
authorization, shall subscribe himself as Acting Clerk of the
House of Representatives.
The Clerk of the House shall promptly communicate to the
Speaker the name of the employee designated hereunder for the
information of the House.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Sec. 18.18 The Clerk designates a subordinate to perform his duties
temporarily and informs the Speaker who lays the communication
before the House.
[[Page 599]]
On July 26, 1947,(1) the Speaker, Joseph W. Martin, Jr.,
of Massachusetts, laid before the House the following
communication(2) which was read by the Clerk:
---------------------------------------------------------------------------
1. 93 Cong. Rec. 10518, 80th Cong 1st Sess., July 26, 1947. See also
Ch. 1 Sec. 5, supra, form for designation of an acting Clerk to
preside until election of a Speaker and Rule III clause 4,
House Rules and Manual Sec. 647 (1973), which authorizes the
Clerk to designate an official in his office to sign all papers
and perform other acts, except such as are provided by statute,
that may be required under the rules and practice of the House
to be done by the Clerk.
Clerks have designated authority to subordinates for
temporary periods both with and without authorizing resolutions
passed prior to the designations. Compare 92 Cong. Rec 10768,
10781, 79th Cong. 2d Sess., Aug. 2, 1946; 93 Cong. Rec. 10518,
80th Cong. 1st Sess., July 26, 1947; and 93 Cong. Rec. 9348,
80th Cong. 2d Sess., June 19, 1948, instances where resolutions
authorized designations, with, for example, 109 Cong. Rec.
10025, 88th Cong. 2d Sess., May 5, 1964; 111 Cong. Rec. 2759,
89th Cong. 1st Sess., Feb. 16, 1965; and 114 Cong. Rec. 30617,
90th Cong. 2d Sess., Oct. 10, 1968, instances where no
resolutions preceded the designations.
2. See also 6 Cannon's Precedents Sec. 26, for another form of
designation.
July 26, 1947.
The Honorable the Speaker,
House of Representatives.
Sir: Pursuant to the provisions of House Resolution 351
adopted by the House today, I have designated Mr. Harry Newlin
Megill, an official in my office, to discharge the duties
contemplated by said resolution.
Respectfully yours,
John Andrews,
Clerk of the
House of Representatives.
Receipt of Election Certificate
Sec. 18.19 The Clerk reports receipt of an election certificate for a
vacant seat to the Speaker who lays the communication before the
House.
On Feb. 23, 1966,(3) the Speaker, John W. McCormack, of
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
3. 112 Cong. Rec. 3667, 89th Cong. 2d Sess.
February 22, 1966.
The Honorable the Speaker,
House of Representatives.
Sir: A certificate in due form of law showing the election
of Theodore R. Kupferman as a Representative-elect to the 89th
Congress from the 17th Congressional District of the State of
New York, to fill the vacancy caused by the resignation of John
V. Lindsay, is on file in this office.
Respectfully yours,
Ralph R. Roberts,
Clerk,
U.S. House of Representatives.
[[Page 600]]
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 19. Duties of the Sergeant at Arms
This section describes and discusses the duties of the Sergeant at
Arms.(4)
---------------------------------------------------------------------------
4. See other chapters for discussions of those functions and duties of
the Sergeant at Arms relating to House facilities and Capitol
grounds (Ch. 4, supra), subpenas served on him (Ch. 11, infra),
contempt proceedings (Ch. 13, infra), investigations and
inquiries (Ch. 15, infra), and calls of the House (Ch. 20,
infra).
---------------------------------------------------------------------------
The general duties of the Sergeant at Arms are prescribed by the
House rules (Rule IV clause 1) and by statute. Under these provisions,
the Sergeant at Arms maintains order, including execution of arrest
warrants for persons cited for contempt of the House or a committee,
and keeps accounts for the pay mileage and pays Members, Delegates, and
the Resident Commissioner from Puerto Rico. The symbol of his office is
a mace, which is borne by him while enforcing order on tire
floor.(5)
---------------------------------------------------------------------------
5. Rule IV clause 2, House Rules and Manual Sec. 650 (1973); 2 USCA
Sec. 79.
Collateral reference: Johnson, Zeake W., Jr., The Mace of
the House of Representatives of the United States, 7th ed.,
Government Printing Office. Washington, D.C. (1969).
---------------------------------------------------------------------------
Other rules and statutes impose specific duties to maintain order.
As the officer charged with enforcing the authority of the House, the
Sergeant at Arms, under the rules, strictly enforces the prohibition
against Members walking across or out of the Hall of the House while
the Speaker addresses the House,(6) appoints officers to
send for and arrest absent Members when so ordered by the Speaker after
a call of the House by 15 Members including the Speaker,(7)
and brings absent Members before the House.(8~)
---------------------------------------------------------------------------
6. Rule XIV clause 7, House Rules and Manual Sec. 763 (1973).
7. Rule XV clause 2, House Rules and Manual Sec. 768 (1973).
8. Rule XV clause 4, House Rules and Manual Sec. 773 (1973).
During a call of the House, the Sergeant at Arms is
required to arrest absent Members wherever they may be found (4
Hinds' Precedents Sec. 3017), detains those who are present,
and brings in absentees (4 Hinds' Precedents Sec. Sec. 3045-
3048). Pursuant to a proper motion, he reports progress in
securing a quorum (6 Cannon's Precedents Sec. 770).
By order of the House, after a Member's complaint of
unlawful arrest, the Sergeant at Arms on one occasion
investigated and amended the return of his warrant (4 Hinds'
Precedents Sec. 3021). See also 6 Cannon's Precedents Sec. 686,
form of resolution for the arrest of Members absent without
leave; and 4 Hinds Precedents Sec. 3043, form of warrant and
discussion of authority to issue warrants.
---------------------------------------------------------------------------
[[Page 601]]
It should also be noted that the Speaker, under Rule I clauses 2
and 3 (requiring the Speaker to preserve order and have general control
of the Hall, corridors, and passages of the House), may impose certain
additional duties on the Sergeant at Arms. For example, at the
direction of the Speaker, the Sergeant at Arms has enforced order with
the mace,(9) cleared the galleries,(10) and, on
one occasion, arrested a spectator and confined him
briefly.(11)
---------------------------------------------------------------------------
9. See Cannon's Precedents Sec. 258.
10. 2 Hinds' Precedents Sec. 1352.
11. 2 Hinds' Precedents Sec. 1605.
---------------------------------------------------------------------------
The Sergeant at Arms has been granted statutory authority to
preserve order outside the Hall of the House. He is one of those who
sits on the Capitol Police Board, which directs the activities of the
Capitol Police.(12) With the Sergeant at Arms of the Senate,
he develops regulations to preserve the peace and to secure the Capitol
from defacement; and he may arrest and detain any person violating
these regulations until such person can be brought before the proper
authorities for trial.(13)
---------------------------------------------------------------------------
12. 40 USCA Sec. 212a. In this capacity the Sergeant at Arms controls
the regulation of vehicular traffic (40 USCA Sec. 2121 ;
selects officers (40 USCA Sec. 206 and 206a); pays salaries (40
USCA Sec. 207); selects uniforms (40 USCA Sec. 210); and
approves suspensions made by the captain (40 USCA Sec. 208).
13. 40 USCA Sec. 193.
---------------------------------------------------------------------------
Several statutes deal with the duty of the Sergeant at Arms to keep
the accounts and pay Members.(14~) Continuity of
disbursement is ensured by statute. For example, to prevent an
interruption in disbursement after a Congress adjourns, the Sergeant at
Arms remains in office until his successor is chosen.(15) In
case of the disability of the Sergeant at Arms, the Treasurer of the
United States disburses the pay of Members, Delegates, and the Resident
Commissioner from Puerto Rico.(16) The Sergeant at Arms is
authorized to purchase insurance to protect the funds of his office.
The premiums are paid out of the contingent fund of the House until
otherwise provided by law.(17) He may not receive additional
com
[[Page 602]]
pensation for performing his duties.(18)
---------------------------------------------------------------------------
14. Pay and mileage to be paid to Members (2 USC Sec. Sec. 78, 80);
statement of sums disbursed (2 USC Sec. 84); adjustment of
accounts during a fixed fiscal year (2 USC Sec. 81). See also 2
USC Sec. 39, which provides for deduction of salary for absence
from House; 2 USC Sec. 40a, which provides for deduction from
salary for delinquent indebtedness; and 2 USC Sec. 80a, which
provides for disbursement of gratuity appropriations.
15. 2 USC 83.
16. 31 USC Sec. 148.
17. 2 USC Sec. 81c. See also Sec. 19.4, infra.
18. 2 USC Sec. 77.
---------------------------------------------------------------------------
The Sergeant at Arms, at the commencement of each regular session,
submits to the House a written statement of sums drawn and disbursed
and periodically reports accounts to the General Accounting
Office,(19) which receives and examines his accounts and
certifies to him balances arising thereon according to the character of
the account.(20~) And he conducts on the-spot audits of the
appropriated and trust funds of his office not less frequently than
once each six months.(1) Amounts necessary to adjust for
incorrect payments resulting from errors not caused by bad faith or
lack of due care in the trust fund account of the Sergeant at Arms may
be paid out of the contingent fund of the House on vouchers authorized
and approved by the Committee on House Administration.(2)
---------------------------------------------------------------------------
19. 31 USC Sec. Sec. 496, 497.
20. 31 USC Sec. 72. See Sec. 19.3, infra, for discussion of Romney v
United States, 167 F2d 521 (D.C. Cir. 1948), cert. denied 334
U.S. 847 (1948), which held that 31 USC Sec. 72, 496, and 497,
apply to the Sergeant at Arms.
1. 2 USC Sec. 81a.
2. 2 USC Sec. 81b.
---------------------------------------------------------------------------
In addition to his major duties of preserving order and keeping
accounts of pay and mileage, the Sergeant at Arms has several other
duties imposed by rules, statutes, and precedents. He has a duty, in
the absence of the Clerk, (1) to preside until a Speaker is
elected,(3) (2) to prepare the roll of Members-elect prior
to the commencement of a Congress,(4) and (3) to send a
certificate of the number of Representatives to which each state is
entitled to the Governors following each decennial
census.(5) The Sergeant at Arms secures suitable office
space in home districts of Members,(6) ensures that a
monument is erected whenever a deceased Member is interred in the
Congressional Cemetery,(7) and, with the Architect of the
Capitol and the Sergeant at Arms of the Senate, serves on the Capitol
Guide Board which oversees the Capitol Guide Service.(8)
---------------------------------------------------------------------------
3. As a ``duty imposed by law or custom relative to the organization
of the House'', presiding before the election of a Speaker is a
statutory responsibility imposed by 2 USC Sec. 26.
See also Sec. 20.8, infra, in which the Doorkeeper presided
because the Clerk had died and the Sergeant at Arms was absent.
4. 2 USC Sec. 26.
5. 2 USC Sec. 2a(b).
6. 2 USC Sec. 122.
7. 2 USC Sec. 51.
8. 40 USC Sec. 851.
---------------------------------------------------------------------------
[[Page 603]]
-------------------Keeping Accounts of Pay
and Mileage
Sec. 19.1 The House by resolution has authorized the Sergeant at Arms
to transfer funds from balances available to him in several
accounts under his administrative control to meet Members' payrolls
pending enactment of an appropriations bill carrying funds for that
purpose.
On May 28, 1969,(9) a Member, Samuel N. Friedel, of
Maryland, by direction of the Committee on House Administration,
offered and the House agreed to the following resolution (H. Res. 425):
---------------------------------------------------------------------------
9. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House and Sergeant at Arms be
and is hereby directed to pay such sum as may be necessary, from
the balance available of the 1968 appropriation and the various
funds of the 1969 appropriation, where balances may be available,
for the House of Representatives to meet the May and June payroll
of Members, officers of the House, and employees of the House.
Moneys expended from these funds and/or appropriations by the
Sergeant at Arms and the Clerk will be repaid to the funds and/or
appropriations from the Sergeant at Arms and Clerk's supplemental
appropriation upon its approval.(10)
---------------------------------------------------------------------------
10. Parliamentarian's Note: This resolution was passed to provide
payroll funds because the Committee on House Administration had
been advised that funds previously appropriated were exhausted.
---------------------------------------------------------------------------
Sec. 19.2 The House by resolution may authorize the payment to the
Sergeant at Arms of an amount to cover additional mileage for
Members for attendance at a meeting of the Congress at a date
earlier than that to which it adjourned.
On Aug. 7, 1948,(11) a Member, Ralph A. Gamble, of New
York, offered the following resolution (H. Res. 715):
---------------------------------------------------------------------------
11. 94 Cong. Rec. 10247, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That the Clerk of the House of Representatives is
authorized and directed to pay to the Sergeant at Arms of the House
of Representatives not to exceed $171,000 out of funds appropriated
under the head ``Contingent expenses of the House,'' fiscal year
1949, for additional mileage of Members of the House of
Representatives, Delegates from Territories, and the Resident
Commissioner from Puerto Rico, at the rate authorized by law. . . .
The Speaker [Joseph W. Martin, Jr., of Massachusetts]: . . .
The question is on suspending the rules and passing the resolution.
Two-thirds having voted in favor thereof, the rules were
suspended and the resolution was passed.
Sec. 19.3 The Sergeant at Arms must periodically report ac
[[Page 604]]
counts to the General Accounting Office.
The alleged embezzlement of funds by a Sergeant at Arms led to a
judicial review of the applicability of statutes which require accounts
to be reported to the General Accounting Office.(~12~)
Applying statutes dealing with duties of the Sergeant at Arms to keep
accounts for the pay and mileage of Members(13) and draw
requisitions for the compensation and mileage of
Members,(14) as well as other statutes,(15) the
Court of Appeals for the District of Columbia Circuit affirmed the
conviction of the former Sergeant at Arms, Kenneth Romney, for
presenting to the General Accounting Office certain false statements of
accounts and concealing a shortage by trick, scheme, and device (18 USC
Sec. 80).(16)
---------------------------------------------------------------------------
12. See Romney v United States, 167 F2d 521 (D.C. Cir. 1948); cert.
den. 334 U.S. 847 (1948).
13. 2 USC Sec. 78.
14. 2 USC Sec. 80.
15. These statutes provide for: submitting to the House a statement of
disbursements (2 USC Sec. 84); inquiring into compliance with
certain statutory provisions by the Committee on [House
Administration (2 USC Sec. 91); examining accounts by (2 USC
Sec. 72) and submitting accounts to (31 USC Sec. 496, 497) the
General Accounting Office.
16. See Romney v United States, 167 F2d 521, at 522, 528 (D.C. Cir.
1948); cert. den. 334 U.S. 847 (1948).
---------------------------------------------------------------------------
In reaching this decision, the court held that a statute requiring
the General Accounting Office to receive and examine all
accounts(17) applies to the House and that statutes
requiring disbursing officers to submit accounts to the General
Accounting Office monthly(18) or more
frequently(19) apply to the Sergeant at
Arms.(20~) Mr. Romney's contention, based on
statutes(1) and rules,(2~) that these reporting
duties do not apply to the House because that body acts as its own
auditor, was rejected.
---------------------------------------------------------------------------
17. 31 USC Sec. 72.
18. 31 USC Sec. 496.
19. 31 USC Sec. 497.
20. See Romney v United States, 167 F2d 521, at 524, 525 (D.C. Cir.
1948); cert. den. 334 U.S. 847 (1948).
1. 2 USC Sec. 84, which requires the Sergeant at Arms to submit to the
House a statement of disbursements; 2 USC Sec. 91, which
directs the Committee on House Administration to inquire into
compliance with certain statutory provisions; and 2 USC
Sec. 97, which provides for the establishment of a temporary
committee on accounts of the House.
2. Rule IV clause 1, House Rules and Manual Sec. 648 and 649 (1973)
which provides that the Sergeant at Arms keep accounts of pay
and mileage of Members.
---------------------------------------------------------------------------
The court held that, ``Cash in the hands of such an official
[disbursing officer] manifestly con
[[Page 605]]
tinues to be the property of the government until it has actually been
disbursed by him to persons lawfully entitled to receive it'', and that
`cash drawn from the Treasury by the Sergeant at Arms is properly
reported in his accounts current as part of the item styled `Balance
now due the United States.'''(3)
---------------------------------------------------------------------------
3. See Romney v United States, 167 F2d 521, at 526, 527 (D.C. Cir.
1948); cert. den. 334 U.S. 847 (1948). [See also Crain v United
States, 25 Ct. Cl. 204 (1890) which held that the Sergeant at
Arms was a disbursing officer.]
---------------------------------------------------------------------------
The court also rejected the appellant's contention that
falsification of the item of cash on hand did not violate the false
claims statute [18 USC Sec. 80] because cash ceased to be government
property and became Members' property at the moment the Sergeant at
Arms received it from the Treasury. This contention was based on the
appellant's view that he held the money not as a disbursing officer,
but as a private person acting as an agent for other private
persons.(4)
---------------------------------------------------------------------------
4. See Romney at p. 525.
---------------------------------------------------------------------------
Following this decision, Congress enacted 63 Stat. 482 (codified as
2 USC Sec. 81a)(5) which authorized the Comptroller General
to detail employees of the General Accounting Office to make on-the-
spot audits of all receipts and disbursements pertaining to fiscal
records of the Sergeant at Arms not less frequently than once each six
months.
---------------------------------------------------------------------------
5. See 95 Cong. Rec. 9475, 81st Cong. 1st Sess., July 14, 1949
(passage in House); 9. Cong. Rec. 9755, 81st Cong. 1st Sess.,
July 20, 1949 (passage in Senate); 95 Cong. Rec. 10487, 81st
Cong. 1st Sess., Aug. 1, 1949 (announcement in House of
approval by the President).
---------------------------------------------------------------------------
Purchasing Insurance
Sec. 19.4 The Sergeant at Arms may protect funds of his office by
purchasing insurance out of the contingent fund of the House when
authorized by simple resolution.
On Apr. 1, 1947,(6) Apr. 1, 1949,(7) and July
24, 1956,(8) the House authorized the Sergeant at Arms to
protect the funds of his office by purchasing insurance out of the
contingent fund of the House.
---------------------------------------------------------------------------
6. 93 Cong. Rec. 2971, 80th Cong. 1st Sess.
7. 95 Cong. Rec. 3703, 81st Cong. 1st Sess.
8. 102 Cong. Rec. 14241. 84th Cong.
---------------------------------------------------------------------------
In each instance, a Member introduced a resolution in the following
form:
Mr. Speaker, by direction of the Committee on House
Administration, I
[[Page 606]]
submit a privileged resolution . . . and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
Resolved, That the Sergeant at Arms of the House of
Representatives is authorized and directed to protect the funds of
his office by purchasing insurance [in stated amounts], providing
protection against loss with respect to such funds. Until otherwise
provided by law, premiums on such insurance shall be paid out of
the contingent fund of the House on vouchers signed by the Sergeant
at Arms and approved by the Committee on House Administration.
In each case the resolution was agreed to and a motion to reconsider
was laid on the table.
Regulation of Parking
Sec. 19.5 The Sergeant at Arms assigns space for outdoor parking of
automobiles under direction of the Select Committee to Regulate
Parking.
On June 28, 1967,(9) a select committee charged with
responsibility for outdoor parking on the House side of the Capitol was
created.
---------------------------------------------------------------------------
9. 113 Cong. Rec. 17791, 17792, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [B. F.] Sisk [of California]: Mr. Speaker, by direction of
the Committee on Rules, I call up House Resolution 514 and ask for
its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 514
Resolved, (a) That there is hereby created select
committee to be composed of three Members of the House of
Representatives to be appointed by the Speaker, one of whom
shall be designated as chairman. Any vacancy occurring in the
membership of the committee shall be filled in the same manner
in which the original appointment was made.
(b) The said committee is hereby authorized to exercise
direction over the Sergeant at Arms of the House of
Representatives in the assignment of space for outdoor parking
of automobiles in squares 639, south of 635, and G92, located
adjacent to the House Office Buildings, and for all other
outdoor parking of automobiles on the House side of the United
States Capitol Grounds. . . .
The resolution was agreed to.
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 20. Duties of the Doorkeeper
Under Rule V clause 1, of the House Houses and
Manual,(10) the Doorkeeper enforces rules(11)
relating to privileges of the Hall of the House. Under Rule V clause
[[Page 607]]
2,(12) he allows no person to enter the Hall of the House
during sessions, and clears the floor of all persons not privileged to
remain.
---------------------------------------------------------------------------
10. See 1 Hinds' Precedents Sec. 260 for the origin of Rule V clause 1.
11. These rules include Rule XXXI House Rules and Manual Sec. 918
(1973) relating to the Hall of the House; and Rule XXXII
clauses 1, 2, House Rules and Manual Sec. 919-921 (1973),
relating to admission to the floor.
12. See 5 Hinds' Precedents Sec. 7295 for the origin of clause 2.
---------------------------------------------------------------------------
Before the 92d Congress, the Doorkeeper was responsible for making
an inventory of all furniture, books, and other public property in
committee rooms and other spaces.(13) However, the provision
containing this directive, former Rule V clause 2, was deleted in the
general revision of the rules effected by the Legislative
Reorganization Act of 1970(14) because the duty of taking
inventories and accounting for custody of furniture and other office
equipment was placed in the Clerk by the House Office Building
Commission.(15)
---------------------------------------------------------------------------
13. See 1 Hinds' Precedents Sec. 261.
14. 84 Stat. 1140.
15. 34 Stat. 1365.
---------------------------------------------------------------------------
With the Sergeant at Arms, the Doorkeeper enforces the
rule(16) relating to behavior of Members on the floor.
Although Jefferson's Manual,(17) states that porters or the
Sergeant at Arms keeps the doors, this duty is executed by the
Doorkeeper and his assistants.
---------------------------------------------------------------------------
16. Rule XIV clause 7, House Rules and Manual Sec. 763 (1973).
17. House Rules and Manual Sec. 380 (1973).
---------------------------------------------------------------------------
The Speaker in executing his own responsibilities under the rules
imposes on the Doorkeeper duties in addition to those mentioned above.
Thus, pursuant to his authority to exercise general control of the Hall
of the House and corridors thereof under Rule I clause 3, the Speaker
has directed the Doorkeeper to remove a placard posted by a Member in
the lobby of the House,(18) or to clear(19) and
close the galleries.(20)
---------------------------------------------------------------------------
18. 6 Cannon's Precedents Sec. 262.
19. See Sec. 20.2, 20.3, infra.
20. See Sec. 20.4, infra.
---------------------------------------------------------------------------
Statutes also impose duties on the Doorkeeper. For example, he
certifies his payroll each month,(1) and he reports position
descriptions of all employee positions under the House Radio and
Television Correspondents' Gallery and the House Periodical Press
Gallery to the Committee on House Administration.(2)
---------------------------------------------------------------------------
1. 2 USC Sec. 89. A violation of this duty is deemed to be a cause for
removal from office (see 2 USC Sec. 90).
2. 2 USC Sec. 294(b)(1).
---------------------------------------------------------------------------
The Doorkeeper performs supervisory responsibilities, which include
appointing the superintendent of the Document Room(3) and
the superintendent of the Publications Distribution Service (folding
room).(4) The Doorkeeper oversees operations of
[[Page 608]]
a special as assistant,(5) telephone clerks,(6)
doormen, and the pages that serve the House.(7)
---------------------------------------------------------------------------
3. 44 USC Sec. 739.
4. 44 USC Sec. 740.
5. 2 USC Sec. 76a.
6. 2 USC Sec. 76b.
The chief telephone clerk is chosen by the majority; the
assistant chief telephone clerk is chosen by the minority.
7. See annotation to Rule V clause 1, House Rules and Manual Sec. 652
(1973).
---------------------------------------------------------------------------
With the Clerk of the House, the Secretary of the Senate, and
Sergeant at Arms of the Senate, the Doorkeeper (a) sells wastepaper and
useless documents that accumulate in his department,(8) and
(b) invoices public documents stored in and about the Capitol at the
convening of each regular session.(9)
---------------------------------------------------------------------------
8. 2 USC Sec. 117.
9. 44 USC Sec. 741.
---------------------------------------------------------------------------
In the absence of the Clerk and Sergeant at Arms, certain duties
devolve upon the Doorkeeper including (a) calling the House to order
before election of a Speaker,(10) (b) sending to Governors
certificates of the number of Representatives to which each state is
entitled after each decennial census,(11) and (c) making a
roll of Representatives-elect before the meeting of each
Congress.(12)
---------------------------------------------------------------------------
10. Rule III clause 1, House Rules and Manual Sec. 639 (1973). See
Sec. 20.8, infra, in which the Doorkeeper presided at the
commencement of the 80th Congress.
11. 2 USC Sec. 2a(b).
12. 2 USC Sec. 26.
---------------------------------------------------------------------------
When the office of the Doorkeeper is declared vacant because of
misconduct of an incumbent, the duties of the Doorkeeper devolve upon
the Sergeant at Arms.(13)
---------------------------------------------------------------------------
13. 1 Hinds' Precedents Sec. 288, 289.
---------------------------------------------------------------------------
The Doorkeeper with the aid of his appointees performs services not
enumerated in the rules or statutes such as furnishing Members with
printed copies of bills, reports, and other documents; conveying
messages from Members; and keeping the Hall, galleries, and committee
rooms in order(14)
---------------------------------------------------------------------------
14. 1 Hinds' Precedents Sec. 262, note
9. -------------------
---------------------------------------------------------------------------
Controlling Access to Galleries
Sec. 20.1 The distribution of tickets for seats in the gallery during
special occasions is the responsibility of the Doorkeeper of the
House.
On Feb. 28, 1945,(15) a Member raised an inquiry
concerning distribution of gallery tickets to minority members:
---------------------------------------------------------------------------
15. 91 Cong. Rec. 1594, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, I would like
to make an inquiry of the Chair, although
[[Page 609]]
I do not know that it is a parliamentary inquiry. Heretofore, when
tickets have been distributed, there were a certain number of step
tickets. Does the minority get any of those, or do they all go to
the majority?
The Speaker Pro Tempore: (16) That is a double-edged
question. . . . The Chair does not undertake to answer the
question, because no matter how it is answered, it is put in such
manner as would make it appear that tickets have been distributed
in the past contrary to the understanding of the Chair. That matter
is left with the Doorkeeper. who is an officer of the House. . . .
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------
Sec. 20.2 The Doorkeeper executes the Speaker's directive to clear the
galleries issued in response to a Member's point of order.
On Jan. 18, 1972,(17) the Speaker, Carl Albert, of
Oklahoma, during a speech by a Member, Bella S. Abzug, of New York,
discussing her resolution to censure the President's conduct of the war
in Indochina, twice admonished spectators that expressions of approval
were not permitted under the rules. When all persons in one gallery
stood and displayed signs indicating approval of proceedings on the
floor, the Speaker ordered the galleries cleared.
---------------------------------------------------------------------------
17. 118 Cong. Rec. 9, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair reminds our guests in the galleries that
the Chair must enforce the rules of the House and that
demonstrations from the galleries will not be permitted. . . .
Point of Order
Mr. [Durward G.] Hall, [of Missouri]: Mr. Speaker, I demand
that the gallery be cleared.
The Speaker: The Chair will not tolerate demonstrations of
approval or disapproval in the galleries.
Mr. Hall: Mr. Speaker, I make a point of order that our guests
and those in the galleries are not in order. I request that the
gallery be cleared.
The Speaker: The gentleman's point is well taken. The galleries
will be cleared.
Parliamentarian's Note: The Doorkeeper cleared the gallery pursuant
to the Speaker's directive. See 2 Hinds' Precedents Sec. 1352 for an
instance in 1836 wherein the Speaker had ordered the galleries cleared.
Sec. 20.3 The Doorkeeper executed the Speaker's order to clear certain
spectator galleries but not others, as announced at the
commencement of the day's sitting.
On May 9, 1972,(18) the Speaker, Carl Albert, of
Oklahoma, ordered some spectator galleries to be cleared.
---------------------------------------------------------------------------
18. 118 Cong. Rec. 16287, 92d Cong. 2d Sess
---------------------------------------------------------------------------
The Speaker: The Chair desires to make the announcement that
the
[[Page 610]]
Chair did not order the clearing of the galleries except those on
the Chair's left, where there was disorder.
Parliamentarian's Note: This order was given because some persons
protesting the President's announcement on May 8, 1972, to mine the
North Vietnamese harbor caused disorder in the galleries.
Sec. 20.4 The Doorkeeper executes the Speaker's order to close the
galleries in anticipation of disturbances.
On May 10, 1972,(19) the Speaker, Carl Albert, of
Oklahoma, ordered the galleries to be closed.
---------------------------------------------------------------------------
19. 118 Cong. Rec. 16576, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The Chair desires to make a statement.
The Chair has received intelligence from the police force and
other responsible authorities that there will be disturbances in
the gallery today. On the basis of this information and their
recommendation the Chair has ordered that the galleries be closed
to the public for the time being.
Parliamentarian's Note: This decision, made after consultation with
the Majority and Minority Leaders and the Parliamentarian, was based on
reports from the Capitol Police that certain persons would demonstrate
in the gallery against the Indochina war. The galleries were closed by
the Doorkeeper from the commencement of business at 12:00 meridian
until 2:52 p.m. when they were reopened.
Sec. 20.5 The Doorkeeper confiscated the film of a visitor who was
ordered to leave the gallery for photographing the Members while in
session.
On Feb. 22, 1942,(20) a visitor was ordered to remove
himself or his camera because he was taking pictures from the gallery.
---------------------------------------------------------------------------
20. 88 Cong. Rec. 2152, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker [Sam Rayburn, of Texas]: The Chair understands
there is a camera in the gallery. Whoever has that camera will
remove the camera or remove themselves and the camera immediately.
That is a violation of the rules of the House.
The film in the camera of the person taking the pictures was
confiscated by the Doorkeeper.
Closing or Locking Doors
Sec. 20.6 Upon a personal instruction by the Speaker during a call of
the House under former Rule XV clause 2, the Doorkeeper locked all
exits from the House Chamber and removed doorknobs from cloakroom
doors to prevent Members from leaving during a call of the House.
[[Page 611]]
On Oct. 8, 1968,(1) the Speaker ordered the doors to the
Chamber closed and locked during a call of the House under former Rule
XV clause 2, and instructed the Doorkeeper to enforce the rule and let
no Members leave the Hall.
---------------------------------------------------------------------------
1. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
The Chair personally instructed the Doorkeepers to lock all exits
from the House Chamber and to prohibit Members from leaving during the
call of the House. Doors leading from the Chamber to the Speaker's
lobby, as well as those opening from the cloakrooms to the north
corridor in the House wing were locked. Doorknobs were removed in the
cloakrooms to prevent doors being opened.
The Speaker [John W. McCormack, of Massachusetts]: The
Doorkeeper will close the doors, the Sergeant at Arms will notify
absent Members, and the Clerk will call the roll.
Mr. [John H.] Dent [of Pennsylvania]: Mr. Speaker, a point of
order, which relates to the call of the roll. . . .
. . . The point of order is the doors were ordered closed, and
the doors to the outside of the Chamber are open in the cloakrooms.
The Speaker: The Chair has given instructions to close all
doors and allow no Members out.
Parliamentarian's Note: The Speaker's order to lock the doors was
permitted under former Rule XV clause 2; the rule in its present form
refers merely to the doors being ``closed'' when so ordered by the
Speaker. Rule XV clause 2(b).
Sec. 20.7 When proceedings under a call of the House pursuant to Rule
XV clause 2 are dispensed with, doors to the Chamber are reopened
by the Doorkeeper without further instructions from the Chair.
On Oct. 8, 1968,(2) a Member raised a parliamentary
inquiry concerning doors locked during a call of the House:
---------------------------------------------------------------------------
2. 114 Cong. Rec. 30093, 90th Cong. 2d Sess
---------------------------------------------------------------------------
Mr. [Craig] Hosmer [of California]: Mr. Speaker, I have a
parliamentary inquiry.
The Speaker [John W. McCormack, of Massachusetts]: The
gentleman will state it.
Mr. Hosmer: Mr. Speaker, a point of order having been made of
no quorum, a quorum having been called, and a quorum having been
found present, and the further proceedings under the call having
been dispensed with, does that mean that the doors of the House are
now unlocked?
The Speaker: The gentleman is correct.
Doorkeeper as Presiding Officer
Sec. 20.8 In the absence of the Clerk and Sergeant at Arms,
[[Page 612]]
the Doorkeeper calls the House to order when a Congress convenes
and presides until a Speaker is elected and takes the chair.
On Jan. 3, 1947,(3) the Doorkeeper, Ralph R. Roberts,
called the House to order at the commencement of the 80th Congress and
presided until a Speaker was elected because the Clerk of the 79th
Congress had died and the Sergeant at Arms was absent.
---------------------------------------------------------------------------
3. 93 Cong Rec. 33-35, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 21. Duties of the Chaplain
The Chaplain of the House is responsible for offering a prayer at
the commencement of each day's sitting of the House under Rule VII of
the House Rules and Manual.(4)
---------------------------------------------------------------------------
4. Rule VII House Rules and Manual Sec. 650 (1973).
---------------------------------------------------------------------------
Although the prayer generally precedes the transaction of any
business,(5) it follows the election of a new Speaker at the
first meeting after the death of a Speaker.(6) And despite
the general practice that a prayer be offered daily,(7) it
was not offered on certain occasions.(8)
---------------------------------------------------------------------------
5. 4 Hinds' Precedents Sec. 3056.
6. Sec. 21.4, infra.
7. See Sec. 21.2, infra.
8. See Sec. 21.3, infra, for instances where no prayer was offered.
---------------------------------------------------------------------------
Application of Quorum Requirement to Prayer
Sec. 21.1 A quorum is not required for prayer by the Chaplain when a
meeting commences, and the Speaker does not recognize Members for a
point of order against the prayer based on the absence of a quorum.
On Mar. 19, 1941,(9) a Member raised a parliamentary
inquiry:
---------------------------------------------------------------------------
9. 87 Cong. Rec. 2352, 77th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, a
parliamentary inquiry.
The Speaker [Sam Rayburn, of Texas]: The gentleman will state
it.
Mr. Rich: Mr. Speaker, when I was seeking recognition from the
Speaker before the Chaplain offered prayer, I felt that there would
be a call of the House and I thought it would be a good thing for
all the Members to be here for once to hear the Chaplain offer
prayer. What does the Speaker think about that? Would it be proper
procedure for a Member to make the point of order that a quorum is
not present before the Chaplain offers prayer?
The Speaker: As the Chair understands it, it has been held many
times
[[Page 613]]
that the prayer is not such business of the House that a quorum is
required.(10)
---------------------------------------------------------------------------
10. See also 6 Cannon's Precedents 663.
---------------------------------------------------------------------------
When Prayers Are Offered
Sec. 21.2 As a general rule, a prayer is offered daily, whether the
House had adjourned until the next day or had recessed at its
previous sitting.
On June 18, 1948,(11) a prayer was offered by the
Chaplain at the expiration of a recess.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 8824, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
On the legislative day of Sept. 22, 1961,(12) a prayer
was offered at 10 o'clock a.m. after the Speaker pro tempore had
recessed the House at 6:19 p.m. on the previous calendar
day.(13)
---------------------------------------------------------------------------
12. 107 Cong. Rec. 20888, 87th Cong. 1st Sess., Sept. 23, 1961.
13. 107 Cong. Rec. 20869, 87th Cong. 1st Sess., Sept. 22, 1961.
---------------------------------------------------------------------------
Sec. 21.3 Notwithstanding the usual practice that a prayer be offered
daily, it has not been offered where the House is meeting after a
recess to transact business of the same legislative day, although a
new calendar day may have begun.
On the legislative day of Aug. 31, 1960, after a recess begun at
3:37 a.m., no prayer was offered prior to resumption of business in the
House at 12 o'clock noon on the same legislative day, although a new
calendar day, Sept. 1, 1960, had begun.(14)
---------------------------------------------------------------------------
14. See 106 Cong. Rec. 18921 (recess on legislative day of Aug. 31, at
3:37 a.m., Sept. 1), 86th Cong. 2d Sess., Aug. 31, 1960; and
106 Cong. Rec. 19113 (resumption of business for legislative
day of Aug. 31 at 12:00 noon, Sept. 1), 86th Cong. 2d Sess.,
Sept. 1, 1960.
---------------------------------------------------------------------------
Prayers After Death of Speaker
Sec. 21.4 At the first meeting following the death of a Speaker during
a Congress, the prayer is not offered by the Chaplain until the
oath has been administered to the Speaker-elect.
Although a prayer normally precedes the transaction of any business
under Rule XXIV clause 1,(15) including the election of a
new Speaker at the commencement of a Congress,(16) the
prayer follows
[[Page 614]]
the administration of the oath to a Speaker-elect whose election was
necessitated by the death of his predecessor.(1)
---------------------------------------------------------------------------
15. 4 Hinds' Precedents Sec. 3056.
16. For instances involving the election at the commencement of
Congress of a different Member to the office of Speaker when
his predecessor has chosen not to seek reelection to the House,
see 77 Cong. Rec. 67, 73d Cong. 1st Sess., Mar. 9, 1933,
election of Henry T. Rainey; 117 Cong. Rec. 9, 92d Cong. 1st
Sess., Jan. 21, 1971, election of Carl Albert after John W.
McCormack did not seek reelection to the House in 1970.
1. See 80 Cong. Rec. 9016, 74th Cong. 2d Sess., June 4, 1936, election
of William B. Bankhead after death of Joseph W. Byrns on same
date; and 86 Cong. Rec. 12231, 76th Cong. 3d Sess., Sept. 16,
1940, election of Sam Rayburn after death of William B.
Bankhead on Sept. 15, 1940.
Compare 79 Cong. Rec. 9, 74th Cong. 1st Sess., Jan. 3,
1935, election of Joseph W. Byrns, the prayer preceding the
administration of the oath. The previous Speaker, Henry T.
Rainey, died on Aug. 19, 1934, two months after adjournment of
the second session of the 73d Congress on June 15, 1933.
---------------------------------------------------------------------------
Printing of Prayers
Sec. 21.5 The House has authorized the printing of prayers offered by
the Chaplain of the House.
On Mar. 11, 1965,(2) the House authorized the printing
of prayers offered by the Chaplain of the House, Rev. Bernard Braskamp,
as follows:
---------------------------------------------------------------------------
2. 111 Cong. Rec. 4766, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, by direction of the
Committee on House Administration I call up House Resolution 230
and ask for its immediate consideration.
The Clerk read as follows:
H. Res. 230
Resolved, That the prayers offered by the Chaplain, the
Reverend Bernard Braskamp, doctor of divinity, at the opening
of the daily sessions of the House of Representatives of the
United States during the Eighty-seventh and Eighty-eighth
Congresses, be printed as a House document, and that two
thousand additional copies be printed and bound for the use of
the House of Representatives, to be distributed by the Chaplain
of the House of Representatives.
With the following committee amendment:
On page 1, line 6, strike out ``two'' and insert ``one''.
The committee amendment was agreed to.
The resolution was agreed to.
Prayers Offered on Special Occasions
Sec. 21.6 On the day following the shooting in the House Chamber in
which several Members were wounded, the Chaplain offered a special
prayer when the House convened.
On Mar. 2, 1954,(3) the Chaplain of the House, Rev.
Bernard Braskamp, D.D., offered the following prayer:
---------------------------------------------------------------------------
3. 100 Cong. Rec. 2483, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Almighty God, our Father, by whose mercies we have been spared
and by
[[Page 615]]
whose powers we are sustained in our earthly pilgrimage, we are
coming unto Thee with a humble spirit and a contrite heart.
Gird us now with courage and with confidence in Thy loving
kindness for Thou art never closer unto us than when our hearts are
wrung with sorrow and our heads are bowed in tribulation.
We commend unto Thy gracious care in keeping our beloved
colleagues, beseeching Thee that Thou wilt share Thine eternal
wisdom with the doctors and nurses for Thou art the Great Physician
who canst mediate unto them divine skill and enable them to do that
which is far beyond all that we can ask or think.
Grant unto the Members of the sorrowing and stricken families
the consolidations of Thy grace and, as they bravely carry on and
faithfully and patiently keep the vigil of faith, hope, and love,
may they have the blessed companionship of that friend who sticketh
closer than a brother.
We thank Thee for the beautiful spirit of Thy servant, so
seriously ill, who has besought us to remember in our prayer those
who have harmed us. May we also emulate the example of our blessed
Lord who prayed, ``Father, forgive them for they know not what they
do.''
To Thy name, through Jesus Christ our Lord and Saviour, we
ascribe all the praise. Amen.
Absence of Chaplain
Sec. 21.7 The prayer may be offered by an acting Chaplain.
On Apr. 25, 1966,(4) Dr. Edward Gardiner Latch, acting
Chaplain of the House, offered the following opening prayer:
---------------------------------------------------------------------------
4. 112 Cong. Rec. 8786, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
God is our refuge and strength, a very present help in trouble.
Therefore will we not fear.--Psalm 46:1.
O God, our Father, who art the refuge and strength of Thy
people in every age and our refuge and our strength in this present
hour, we pause in Thy presence to offer unto Thee once again the
devotion of our hearts. Amid all the changes of this life, help us
to rest our spirits upon those eternal foundations of truth and
love which Thou hast laid for us. Save us from restlessness, from
confusion, and from perpetual movement. Draw us unto Thyself that
for this moment we may be still and know that Thou art God. With
the assurance of Thy Spirit may we accept the responsibilities of
This day and fulfill all our obligations with fidelity and honor.
Into Thy loving arms we commit ourselves and our Nation--praying
that together we may be one in Thee: through Jesus Christ our Lord.
Amen.
Dr. Latch was appointed as acting Chaplain by the Speaker, John W.
McCormack, of Massachusetts, on Mar. 14, 1966. Daily prayers during the
period between that date and Apr. 25, were offered by visiting
chaplains who had been scheduled by the Doorkeeper following the death
of Chaplain Braskamp.
Sec. 21.8 In the absence of the Chaplain of the House, the Members rose
for a silent prayer.
[[Page 616]]
On Oct. 5, 1949,(5) Members were asked to rise for a
moment of silent prayer.
---------------------------------------------------------------------------
5. 95 Cong. Rec. 13897, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
The House met at 10 o'clock a.m.
The Speaker [Sam Rayburn, of Texas]: Will the membership rise
for a moment in silent prayer?
Parliamentarian's Note: Although the Chaplain of the House had
designated an acting Chaplain to serve during his absence, the acting
Chaplain was unaware that the House had agreed to convene at 10 o'clock
a.m. and arrived too late to open the House with a prayer.
Sec. 21.9 Visiting Chaplains offer prayers when the Chaplain of the
House is absent.
On June 9, 1948,(6) the prayer was offered by a woman
minister,(7) for the first time in the history of the
Congress.
---------------------------------------------------------------------------
6. 94 Cong. Rec. 7597, 7598, 80th Cong. 2d Sess.
7. Rev. Annalee Stewart, of Chicago and Boston.
---------------------------------------------------------------------------
On June 21, 1965,(8) the prayer was offered in the House
by Rev. Harold S. Horan, son of Walter F. Horan, a former Member (1943-
55) from Washington.
---------------------------------------------------------------------------
8. 111 Cong. Rec. 14097, 89th Cong. 1st. Sess.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
C. HOUSE OFFICERS
Sec. 22. Vacancies; Selection of Successors
The unexpected death of the Sergeant at Arms, William F. Russell,
on July 8, 1953,(9) dramatically underscored the need for a
mechanism to select acting officers. On that date,(10) the
House authorized Lyle O. Snader, Clerk of the House, to serve
concurrently as Clerk and Sergeant at Arms with the proviso that he
would receive no additional compensation for performing the duties of
the Sergeant at Arms.(11) Later, Congress passed a statute
(2 USCA Sec. 75a-1) authorizing the Speaker to appoint a person to act
as Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain
whenever a vacancy occurs.(12)
---------------------------------------------------------------------------
9. See 99 Cong. Rec. 8263, 83d Cong. 1st Sess. for announcement of the
death of the Sergeant at Arms.
10. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
11. See Sec. 16.3, supra.
12. See Sec. 22.1, infra, for text of resolution.
---------------------------------------------------------------------------
Appointments by Speaker
Sec. 22.1 The Speaker is authorized by statute to appoint temporary
officers to fill vacancies.
On July 28, 1953,(13) Mr. Charles A. Halleck, of
Indiana, of
[[Page 617]]
fered and the House passed the following bill (H.R. 6571) which was
codified as 2 USC Sec. 75a-1 (approved Aug. 5, 1953):(14)
---------------------------------------------------------------------------
13. 99 Cong. Rec. 10128, 83d Cong. 1st Sess.
14. See also 99 Cong. Rec. 10073, 83d Cong. 1st Sess., July 8, 1958,
for passage in Senate.
---------------------------------------------------------------------------
(a) In case of a vacancy, from whatever cause, in the office of
Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, of
the House of Representatives, or in the case of the incapacity or
inability of the incumbent of any such office to perform the duties
thereof, the Speaker of the House of Representatives may appoint a
person to act as, and to exercise temporarily the duties of, Clerk,
Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case
may be, until a person is chosen by the House of Representatives
and duly qualifies as Clerk, Sergeant at Arms, Doorkeeper,
Postmaster, or Chaplain, as the case may be or until the
termination of the incapacity or inability of the incumbent.
(b) Any person appointed pursuant to this section shall
exercise all the duties, shall have all the powers, and shall be
subject to all the requirements and limitations applicable with
respect to one chosen by the House of Representatives to fill the
office involved; but nothing in this section shall be held to
amend, repeal, or otherwise affect section 7 of the Legislative
Branch Appropriation Act, 1943 (2 U.S.C. sec. 75a).
(c) Any person appointed pursuant to this section shall be paid
the compensation he would receive if he were chosen by the House of
Representatives to fill the office involved, unless such person is
concurrently serving in any office or position the compensation for
which is paid from the funds of the United States, in which case he
shall receive no compensation for services rendered pursuant to his
appointment under this section, and his compensation for performing
the duties of such office other than the one to which he is
appointed pursuant to this section shall be in full discharge for
all services he performs for the United States while serving in
such dual capacity.
Sec. 22.2 The Speaker, pursuant to 2 USCA Sec. 75a-1(a), appointed a
Sergeant at Arms following resignation of the incumbent who
concurrently held the office of Clerk.
On Jan. 6, 1954,(15) the Speaker, Joseph W. Martin, Jr.,
of Massachusetts, laid before the House the following communication
from the Clerk:
---------------------------------------------------------------------------
15. 100 Cong. Rec. 8, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
My Dear Mr. Speaker: I submit herewith, effective at the
close of business today, my resignation as Sergeant at Arms,
House of Representatives, which additional duty I assumed
pursuant to House Resolution 323, dated July 8, 1953, 83d
Congress.
Respectfully yours,
Lyle O. Snader,
Clerk of the
House of Representatives.
At the same time the Speaker made the following announcement:
The Chair announces that, pursuant to the provisions of
section
[[Page 618]]
208(a) of the Legislative Reorganization Act of 1946 [2 USCA
75a-1], he did on September 15, 1953, appoint William R.
Bonsell, of the State of Pennsylvania, to act temporarily as
Sergeant at Arms until the House chooses a person for that
office.(16)
---------------------------------------------------------------------------
16. 100 Cong. Rec. 8, 83d Cong. 2d Sess. See Sec. 16.4, supra, for the
election of Mr. Bonsell as permanent Sergeant at Arms.
---------------------------------------------------------------------------
Sec. 22.3 The person who had resigned as permanent Sergeant at Arms was
appointed to fill the office on a temporary basis until a successor
could be chosen.
On June 30, 1972,(17) the Speaker, Carl Albert, of
Oklahoma, laid before the House a letter of resignation from the
Sergeant at Arms, Zeake W. Johnson, Jr., effective June 30, 1972, and,
pursuant to 2 USC Sec. 75a-1 (a) appointed him to act as and to
exercise temporarily the duties of that office.
---------------------------------------------------------------------------
17. 118 Cong. Rec. 23665, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Parliamentarian's Note: Mr. Johnson resigned as permanent Sergeant
at Arms on this date to qualify for certain retirement benefits
available to persons who left government service on or before the last
day of the 1972 fiscal year. He agreed to serve as acting Sergeant at
Arms until the Democratic Caucus nominated a candidate for the office
of Sergeant at Arms.
Mr. Johnson served as temporary Sergeant at Arms until Oct. 1,
1972. On Sept. 25, 1972,(18) the Speaker, laid before the
House the following communication from the acting Sergeant at Arms:
---------------------------------------------------------------------------
18. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Dear Mr. Speaker: On June 30, 1972, pursuant to the
provisions of the Legislative Reorganization Act of 1946, as
amended (2 U.S.C. 75-1(a)), you appointed me to act and to
exercise temporarily the duties of Sergeant at Arms of the
House of Representatives effective July 1, 1972.
Since the Democratic Caucus has nominated a candidate for
the Office of Sergeant at Arms, I hereby tender my resignation
effective midnight September 30, 1972.
In my leave-taking, I want to thank you, Members of the
House, and to say that words cannot adequately express my
feelings of gratitude and fulfillment for the privilege that
has been mine to serve the House of Representatives as Sergeant
at Arms.
Sincerely,
Zeake W. Johnson, Jr.,
Sergeant at Arms.
Sec. 22.4 The Speaker appointed an acting Chaplain following the death
of the incumbent.
On Mar. 14, 1966,(19~) the Speaker, John W. McCormack,
of Massachusetts, pursuant to 2 USC Sec. 75a-1(a), appointed Rev.
Edward Gardiner Latch, D.D., L.H.D., to
[[Page 619]]
act as and exercise temporarily the duties of the Chaplain of the House
of Representatives following the death of the Chaplain of the House,
Rev. Bernard Braskamp.
---------------------------------------------------------------------------
19. Cong. Rec. 5712, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Rev. Latch served as acting Chaplain until the end of the 89th
Congress.(20)
---------------------------------------------------------------------------
20. See Sec. 16.9, supra, for the election of Rev. Latch as Chaplain.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
D. AS PARTY DEFENDANT OR WITNESS
Sec. 23. In General; Immunities
This division focuses on the liability to suit or to judicial
process of House officials or employees for acts committed by them in
the performance of their duties for the House. Immunity arising under
the Speech or Debate Clause of the U.S. Constitution (art. I, Sec. 6)
is discussed. Court opinions dealing with aides of individual
legislators(1) and committee employees(2) are
also taken up here.(3)
---------------------------------------------------------------------------
1. See Gravel v United States, 408 U.S. 606 (1972), for example, which
is discussed at Sec. 23.13, infra. See also Ch. 7, infra, for a
discussion of litigation involving Members generally.
2. Dombrowski v Eastland, 387 U.S. 82 (1967), Stamler v Willis, 415
F2d 1365 (7th Cir. 1969); cert. den. 399 U.S. 929 (1970), and
Doe v McMillan, 412 U.S. 306 (1973), which are discussed at
Sec. Sec. 23.10, infra, 23.12, infra, and 23.14, infra,
respectively.
3. See Ch. 11, which includes a discussion of the privilege of the
House as related to subpenas served on Members or on House
officers or employees.
---------------------------------------------------------------------------
In the exercise of official duties, an officer of the House may
become involved in litigation by receiving a summons to appear as a
party defendant,(4) in which case he informs the
Speaker,(5) and may request legal representation by the
United States Attorney for the district in which the action is
brought.(6) Or he may receive a
[[Page 620]]
subpena to appear and testify as a witness (subpena ad testificandum)
or to produce records (subpena duces tecum), in which case he informs
the Speaker who lays the matter before the House,(7) which
may grant leave for the withdrawal of papers from its
files.(8)
---------------------------------------------------------------------------
4. See the reports of the Joint Committee on Congressional Operations
Identifying Court Proceedings and Actions of Vital Interest to
the Congress, for the record of legal actions involving House
officers, beginning with the first cumulative report dated Oct.
20, 1971.
5. See Sec. Sec. 23.1 and 23.2 infra, for precedents relating to
receiving a summons and notifying the Speaker.
6. See USC Sec. 118.
See Sec. Sec. 93.3, infra, and 23.5, infra, for examples of
requests for representation from the Clerk and the Sergeant at
Arms, respectively.
Compare Sec. 23.6, infra, for an instance in which the
House by resolution authorized the Speaker to appoint and fix
the compensation of special counsel to represent officers,
Members, and the House in Powell v McCormack.
7. See Sec. Sec. 23.7-23.9, infra, for precedents relating to
receiving subpenas and notifying the Speaker.
8. Rule XXXVII, House Rules and Manual Sec. 933 (1973).
---------------------------------------------------------------------------
At one time, immunity from suit under the Speech or Debate Clause
was considered to be broader for Members of Congress than for
nonmembers who acted on their behalf, including officers of legislative
bodies, staff personnel of committees, and aides to individual Members.
For example, in Kilbourn v Thompson, 103 U.S. 168 (1881),(9)
the U.S. Supreme Court held that although damages for false
imprisonment could not be recovered in that case against Members of the
House, they could be recovered against the Sergeant at Arms, who
executed an arrest warrant pursuant to a resolution found to be an
unconstitutional exercise of judicial authority by a legislative body.
Likewise in Dombrowski v Eastland, 387 U.S. 82 (1967)(10) a
criminal suit was dismissed as to a Senate subcommittee chairman, but
remanded for a finding of facts on alleged illegal activities by the
subcommittee counsel.
---------------------------------------------------------------------------
9. See 2 Hinds' Precedents Sec. 1611, for a discussion of Kilbourn v
Thompson.
10. See Sec. 23.10, infra.
Collateral reference: Dombrowski v Eastland Id--A Political
Compromise and Its Impact. 22 Rutgers Law Review 1.27 (Fall
1967).
---------------------------------------------------------------------------
This double standard was applied in Powell v McCormack, 395 U.S.
606 (1969),(11) in which the Court dismissed a suit for
declaratory, injunctive, and mandatory relief as to Members, but held
that the Clerk, Sergeant at Arms, and Doorkeeper of the House could be
held liable for refusal to perform services for a Member-elect who had
been excluded from the office by an unconstitutional resolution. In
Stamler v Willis, 415 F2d 1365 (7th Cir. 1969), cert. den. 399 U.S. 929
(1970),(12) a suit against members of a House committee, a
lower federal court on its own motion granted plaintiffs leave to amend
their complaint to include committee personnel to
[[Page 621]]
ensure that adequate relief could be obtained. At the same time, the
Court dismissed the action as to the Members on the ground that their
activities were protected by the Speech or Debate Clause.
---------------------------------------------------------------------------
11. See Sec. 23.11, infra.
12. See Sec. 23.12, infra.
---------------------------------------------------------------------------
The practice of recognizing greater immunity for Members than their
agents was modified in Gravel v United States, 408 U.S. 606
(1972),(13) a criminal action which arose when an aide to
the Senator who publicized the contents of the Pentagon Papers refused
to respond to a subpena to appear before a grand jury and answer
questions relating to assistance given by him to the Senator.
Intervening to quash the subpena, the Senator contended that requiring
the aide to testify about such assistance would violate the Senator's
privilege under the Speech or Debate Clause. Adopting the position of
the Senate, which filed a friend of the court brief and argued the
cause, the Supreme Court held that the legislative process is such as
to make the work of an aide so critical that he must be treated as a
Member's alter ego to avoid frustration of the central purpose of the
constitutional immunity. The Court ruled that ``the Speech or Debate
Clause applies not only to a Member, but also to his aides insofar as
the conduct of the latter would be protected if performed by the Member
himself.'' One year later the Court extended the Speech or Debate
Clause immunity, granted to aides of individual Members in Gravel, to
committee employees. See Doe v McMillan, 412 U.S. 306
(1973).(14)
---------------------------------------------------------------------------
13. See Sec. 23.13. infra.
14. See Sec. 23.14, infra.
Collateral reference: Constitution of the United States of
America: Analysis and Interpretation, ``Privilege of Speech or
Debate, Congressional Employees,'' pp. 120-22, S. Doc. No. 92-
82, 92d Cong. 2d
Sess. -------------------
---------------------------------------------------------------------------
Receipt of Summons
Sec. 23.1 When the Clerk receives a summons to appear as a party
defendant in a court action, he informs the Speaker who lays the
matter before the House.(15)
---------------------------------------------------------------------------
15. See, for example, 113 Cong. Rec. 6035, 6036, 90th Cong. 1st Sess.,
Mar. 9, 1967 (Clerk's receipt of summons in Powell v
McCormack); 113 Cong. Rec. 29821, 90th Cong. 1st Sess., Oct.
24, 1967 (receipt of summons in Wilkinson v United States and
Clerk of the House of Representatives); 117 Cong. Rec. 1503,
1504, 92d Cong. 1st Sess., Feb. 3, 1971 (receipt of summons in
Eckert v House of Representatives).
---------------------------------------------------------------------------
For example, on Oct. 24, 1967,(16) the Speaker, John W.
[[Page 622]]
McCormack, of Massachusetts, laid before the House the following
communication from the Clerk:
---------------------------------------------------------------------------
16. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
October 19, 1967.
Re civil action file No. 2643-1967.
The Honorable the Speaker, House of Representatives.
Dear Sir: By this letter I am transmitting to you a summons
in a civil action directed against the United States of America
and the Clerk of the House of Representatives of the Congress
of the United States.(17) I was served with this
petition on the 17th of October by a Deputy United States
Marshal. In addition to notifying you of this action in
accordance with 2 U.S. Code 118 a copy of this summons is being
forwarded to the U.S. District Attorney for the District of
Columbia. In accordance with the provisions of this statute I
am requesting the U.S. District Attorney to enter an
appearance, file an answer and defend this civil action.
Additionally I am notifying the Attorney General of the United
States that this suit has been filed against me in my official
capacity as Clerk of the House of Representatives of the
Congress of the United States. Copies of these letters and
notification are attached hereto.
---------------------------------------------------------------------------
17. The suit referred to in the letter, Wilkinson v United States of
America et al., Civil Action File No. 26431967, sought
statutory death benefits for the daughter of a deceased House
employee.
---------------------------------------------------------------------------
This summons is attached and the matter is presented for
such action as the House in its wisdom may see fit to take.
Respectfully submitted.
W. Pat Jennings,
Clerk,
U.S. House of Representatives.
The Speaker: Without objection, the summons and pleadings will
be printed in the Record.
There was no objection.
Sec. 23.2 When the Sergeant at Arms receives a summons to appear as a
party defendant in a court action, he informs the Speaker who lays
the matter before the House.
For example, on June 6, 1963,(18) the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following
communication from the Sergeant at Arms:
---------------------------------------------------------------------------
18. 109 Cong. Rec. 10359, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
June 6, 1963.
Hon. John W. McCormack,
Speaker, U.S. House of Representatives, Washington, D.C.
Dear Mr. Speaker: I have in my official capacity as
Sergeant at Arms of the House of Representatives been served in
a civil action in the U.S. District Court for the District of
Columbia (civil action file No. 137163).(19) Having
in mind that the privileges of the House of Representatives may
be involved, I am bringing this matter to your attention.
---------------------------------------------------------------------------
19. Parliamentarian's Note: The civil action referred to above alleged
the failure of the Sergeant at Arms to withhold the salary of a
Member (Adam C. Powell [N.Y.]) for periods of alleged absence
from the House. It was dismissed with prejudice.
---------------------------------------------------------------------------
I did, on June 5, 1963, address letter to the Honorable
David C. Acheson, U. S. attorney for the District
[[Page 623]]
of Columbia, requesting assignment of counsel to represent the
Sergeant at Arms as provided for in 2 United States Code 118. A
copy of that letter is attached hereto.
Sincerely,
Zeake W. Johnson, Jr.,
Sergeant at Arms.
Legal Representation
Sec. 23.3 When named as a party defendant in a legal action involving
performance of official duties, the Clerk has requested
representation from the United States Attorney for the district in
which the action was brought.
A statute(20) provides that any officer of either House
may request legal representation in any action involving the discharge
of official duties. A representative illustration of one of these
requests, a letter to the United States Attorney for the district in
which the action was brought, was laid before the House by the Speaker,
John W. McCormack, of Massachusetts, on Oct. 24, 1967:(1)
---------------------------------------------------------------------------
20. 2 USC Sec. 118.
1. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.
October 19, 1967.
Re civil action file No. 2643-1967.
Hon. David G. Bress,
U.S. Attorney for the District of Columbia,
U.S. Courthouse, Washington, D.C.
Dear Mr. Bress: I am sending you a copy of a summons in a
civil action that was served on me in my official capacity as
Clerk of the House of Representatives of the Congress of the
United States. This service was accomplished on October 17 by a
Deputy U.S. Marshal.
In accordance with 2 U.S. Code 118 I respectfully request
that you enter an appearance, file an answer or take such other
action as you may deem necessary in defense of this suit
against the United States of America and the Clerk of the U.S.
House of Representatives of the Congress of the United States.
This office will assist you in any way possible in
preparation of your answer and defense. If you have any
questions regarding this matter or if you need additional
information please contact my legal advisor, Mr. Bill
Hollowell.
Respectfully submitted.
W. Pat Jennings,
Clerk,
U.S. House of Representatives.
Sec. 23.4 In addition to informing the United States Attorney for the
district in which the action was brought, an officer named as a
party defendant sometimes notifies the Attorney General, although
this latter notification is not required by statute.
For example, on Oct. 24, 1967,(2) the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following letter
from the Clerk:
---------------------------------------------------------------------------
2. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.
[[Page 624]]
---------------------------------------------------------------------------
October 19, 1967.
Re civil action file No. 2643-1967.
Hon. Ramsey Clark,
Attorney General of the United States,
Department of Justice, Washington, D.C.
Dear Mr. Clark: I am sending you a copy of a summons in a
civil action filed against the United States of America and the
Clerk of the House of Representatives of the Congress of the
United States. I was served with this summons on October 17 by
a Deputy U.S. Marshal.
In accordance with 2 U.S. Code 118 I have sent a copy of
this action to the U.S. District Attorney for the District of
Columbia requesting that he enter an appearance and defend this
action. Realizing that the defense of this action will be
conducted under the supervision and direction of the Attorney
General I am also sending you a copy of the summons as well as
a copy of the letter that I am forwarding to the U.S. District
Attorney.
Respectfully submitted.
W. Pat Jennings,
Clerk,
U.S. House of Representatives.
Sec. 23.5 The Sergeant at Arms has requested representation of the
United States Attorney for the district where the action was
brought in a lawsuit involving his official duties.
For example, on June 6, 1963,(3) the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following
communication requesting representation from the United States Attorney
pursuant to 2 USC Sec. 118:
---------------------------------------------------------------------------
3. 109 Cong. Rec. 10359, 88th Cong. 1st Sess.
June 6, 1963.
Hon. David C. Acheson,
U.S. Attorney for the District of Columbia, U.S. Courthouse,
Washington, D.C.
Dear Mr. Acheson: I respectfully request that you assign
counsel to represent the Sergeant at Arms of the House of
Representatives, Zeake W. Johnson, Jr., in a civil action in
the U.S. District Court for the District of Columbia (civil
action file No. 1371-63) pursuant to 2 United States Code 118.
I was served in my official capacity, on June 4, 1963, with
instructions to answer the complaint within 60 days after
service.
I am enclosing herewith a copy of the summons which was
served on me. I may add that I will be available at any time to
confer with any counsel that you may assign to this case.
Very truly yours,
Zeake W. Johnson, Jr.,
Sergeant at Arms.
Sec. 23.6 In an action where both Members and officers were named as
defendants, the House authorized the Speaker to appoint special
counsel to represent both groups.
Although House officers by statute(4) may request
representation by the United States Attorney in any action involving
the discharge of their official duties, they did
[[Page 625]]
not exercise this authority in Powell v McCormack, 395 U.S. 606 (1967),
a suit where both officers and Members were named as defendants.
Instead, they were represented by special counsel appointed by the
Speaker and paid out of the contingent fund.(5~)
---------------------------------------------------------------------------
4. 2 USC Sec. 118.
See Sec. 23.3, supra, for a discussion of the procedure for
requesting representation by the United States Attorney.
5. See 2 Hinds' Precedents Sec. 1611, n. 1, for references to other
instances in which the House by resolution authorized an
officer (the Sergeant at Arms) to retain counsel in a legal
action (Kilbourn v Thompson, 103 U.S. 168 [1881]). These
resolutions were passed prior to passage of 2 USC Sec. 118.
---------------------------------------------------------------------------
Thus, on Mar. 9, 1967, in the 90th Congress,(6~) Mr.
Hale Boggs, of Louisiana, offered and the House adopted House
Resolution 376. The proceedings were as follows:
---------------------------------------------------------------------------
6. See 113 Cong. Rec. 6040 et seq., 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Boggs: Mr. Speaker, I rise to a question of the privilege
of the House, and offer a resolution (H. Res. 376) which I send to
the Clerk's desk.
The Speaker [John W. McCormack, of Massachusetts]: The
gentleman submits a resolution relating to the privilege of the
House, which the Clerk will report.
The Clerk read as follows:
H. Res. 376
Whereas Adam Clayton Powell, Jr., et al., on March 8, 1967,
filed a suit in the United States District Court for the
District of Columbia, naming as defendants certain Members and
officers of the House of Representatives, and contesting
certain actions of the House of Representatives; and
Whereas this suit raises questions concerning the rights
and privileges of the House of Representatives, the separation
of powers between the legislative and judicial branches of the
Government and fundamental constitutional issues: Now,
therefore, be it
Resolved, That the Speaker of the House of Representatives
of the United States is hereby authorized to appoint and fix
the compensation of such special counsel as he may deem
necessary to represent the House of Representatives, its
Members and officers named as defendants, in the suit filed by
Adam Clayton Powell, Jr., et al. in the United States District
Court for the District of Columbia, as well as in any similar
or related proceeding brought in any court of the United
States; and be it further
Resolved, That any expenses incurred pursuant to these
resolutions, including the compensation of such special counsel
and any costs incurred thereby, shall be paid from the
contingent fund of the House on vouchers authorized and signed
by the Speaker of the House of Representatives and approved by
the Committee on House Administration; and be it further
Resolved, That the Clerk of the House of Representatives
transmit a copy of these resolutions to the aforementioned
court and to any other court in which related legal proceedings
may be brought.
The resolution was agreed to. And on Feb. 17, 1969, in the 91st
Congress(7) it was continued in ef
[[Page 626]]
fect when a Member, Carl Albert, of Oklahoma, offered and the House-
adopted the resolution (H. Res. 243) below.:
---------------------------------------------------------------------------
7. 116 Cong. Rec. 3359, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Albert: Mr. Speaker, I offer a privileged resolution (H.
Res. 243) and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 243
Resolved, That the provisions of House Resolution 376,
Ninetieth Congress, are hereby continued in effect during the
Ninety-first Congress; and be it further
Resolved, That the Clerk of the House of Representatives
transmit a copy of this resolution to the Supreme Court of the
United States and to any other court in which related legal
proceedings may be pending or brought.
Receipt of Subpena
Sec. 23.7 When the Sergeant at Arms receives a subpena, he informs the
Speaker who lays the matter before the House.
In his capacity as custodian of Members' bank accounts, payroll and
other information pertaining to Members,(8) the Sergeant at
Arms sometimes receives subpenas to appear before or present documents
to grand juries and courts. Upon receipt of a subpena, he sends a copy
of it with a covering letter to the Speaker who lays them before the
House,(9) which then considers whether a response to the
subpena should be authorized.(10)
---------------------------------------------------------------------------
8. See summary of Sec. 19, supra, for discussion of duties of the
Sergeant at Arms.
9. See for example, 99 Cong. Rec. 5523, 5524, 83d Cong. 1st Sess., May
25, 1953 (notice of a subpena duces tecum to appear before a
grand jury empaneled to investigate possible violations of 18
USC Sec. 1001 by Ernest King Bramblett); 100 Cong Rec. 1162,
83d Cong. 2d Sess., Feb. 2, 1954 (notice of a subpena ad
testificandum to appear as a witness in U.S. v Ernest King
Bramblett [No. 971-53, criminal docket]); 106 Cong. Rec. 4393,
86th Cong. 2d Sess., Mar. 3, 1960 (notice of a subpena ad
testificandum to appear as a witness in U.S. v Adam Clayton
Powell [No. 35-208]); 111 Cong. Rec. 5284, 5285, 89th Cong. 1st
Sess., Mar. 18, 1965 (notice of a subpena duces tecum to appear
before a grand jury in People of the State of New York v Adam
Clayton Powell); 111 Cong. Rec. 16529, 89th Cong. 1st Sess.,
July 13, 1965 (notice of a subpena ad testificandum to appear
as a witness in U.S. v Ernestine Washington, et al. [crim.
cases U.S. 5379-65 and U.S. 5380-65]); 113 Cong. Rec. 17561,
17562, 90th Cong. 1st Sess., June 27, 1967 (notice of a subpena
duces tecum to appear before a grand jury in U.S. v In re
Possible Violations of 18 USC Sections 201, 287, 371, 641, and
1001 [concerning Adam Clayton Powell]).
10. See Rule XXXVII, House Rules and Manual Sec. 933 (1973), which
provides that no document presented to the House shall be
withdrawn without its leave.
---------------------------------------------------------------------------
[[Page 627]]
For example, on July 1.3, 1965,(11) the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following letter
from the Sergeant at Arms, Zeake W. Johnson, Jr., who had received a
subpena ad testificandum to appear as a witness in United States v
Ernestine Washington, et al.:
---------------------------------------------------------------------------
11. 111 Cong. Rec. 16529, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
July 13, 1965.
Dear Mr. Speaker: I have received a subpena from the
District of Columbia court of general sessions, criminal
division, directing me as Sergeant at Arms of the House of
Representatives to appear as witness for the defendants.
The rules and practice of the House of Representatives
indicate that the Sergeant at Arms may not, either voluntarily
or in obedience to a subpena appear without the consent of the
House being first obtained.
The subpena in question is herewith attached and the matter
is presented for such action as the House in its wisdom may see
fit to take.
Sincerely,
Zeake W. Johnson, Jr.,
Sergeant at Arms.
Mr. Hale Boggs, of Louisiana, offered and the House passed House
Resolution 456, authorizing the Sergeant at Arms to appear as a
Witness(12)
---------------------------------------------------------------------------
12. Id.
---------------------------------------------------------------------------
Similarly, on June 27, 1967,(13), the Speaker, John W.
McCormack, of Massachusetts, laid before the House the following letter
from the Sergeant at Arms, Zeake W. Johnson, Jr., who had received a
subpena duces tecum to appear and produce records before a grand jury
empaneled to investigate alleged illegal activities by Adam Clayton
Powell in United States v In re Possible Violations of 18 USC Sections
201, 287, 371, 611, and 1001:
---------------------------------------------------------------------------
13. 113 Cong. Rec. 17561, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Dear Mr. Speaker: From the United States District Court for
the District of Columbia, I have received a subpena directing
the Sergeant at Arms or authorized representative to appear
before the said Court and to bring with him certain records
under his jurisdiction.
The rules and practice of the House of Representatives
indicate that the Sergeant at Arms may not, either voluntarily
or in obedience to a subpena duces tecum, produce such papers
without the consent of the House being first obtained. It is
further indicated that he may not supply copies of certain of
the documents and papers requested without such consent.
The subpena in question is therewith attached and the
matter is presented for such action as the House in its wisdom
sees fit to take.
Sincerely,
Zeake W. Johnson, Jr.,
Sergearnt at Arms.
Following presentation of this letter, Mr. Carl Albert, of Okla
[[Page 628]]
homa, offered and the House passed House Resolution 674, authorizing
the Sergeant at Arms to appear before the grand jury, but not to take
with him original documentary evidence, and to supply certified copies
of evidence deemed material and relevant by the court.(14)
---------------------------------------------------------------------------
14. 113 Cong. Rec. 17561, 90th Cong. 1st Sess., June 27, 1967.
---------------------------------------------------------------------------
Sec. 23.8 When the Clerk receives a subpena, he informs the Speaker who
lays the matter before the House.
As custodian of House files, the Clerk sometimes receives subpenas
to appear or present documents before courts and grand juries. He sends
a copy: of the subpena with a covering letter to the Speaker who lays
the matter before the House,(15) which then con
[[Page 629]]
siders whether it should permit the Clerk to answer the
subpena.(16)
---------------------------------------------------------------------------
15. See for example, 76 Cong. Rec. 5581, 72d Cong. 2d Sess., Mar. 3,
1933 (notice of receipt of subpena duces tecum referred to
Judiciary Committee); 94 Cong. Rec. 2266, 80th Cong. 2d Sess.,
Mar. 5, 1948 (notice of receipt of subpena duces tecum in U.S.
v Marshall); 94 Cong. Rec. 5066, 5067, 80th Cong. 2d Sess.,
Apr. 29, 1948 (notice of receipt of subpena duces tecum in
contempt cases; see also p. 5161, Apr. 30, 1948, for memorandum
on Clerk's immunity in responding to a subpena duces tecum); 94
Cong. Rec. 5432, 80th Cong. 2d Sess., May 6, 1948 (notice of
receipt of a subpena duces tecum in U.S. v Albert Maltz); 96
Cong. Rec. 565, 81st Cong. 2d Sess., Jan. 18, 1950 (notice of
receipt of a subpena duces tecum in U.S. v Christoffel); 96
Cong. Rec. 1695, 81st Cong. 2d Sess., Feb. 8, 1950 (notice of
receipt of subpena duces tecum for minutes of an executive
session of a committee in U.S. v Christoffel; see also p. 1765,
Feb. 13, 1950, for resolution adopted by the Judiciary
Committee in response to this subpena duces tecum); 97 Cong.
Rec. 3403, 3404, 82d Cong. 1st Sess., Apr. 6, 1951 (notices of
receipt of subpenas duces tecum in U.S. v Patterson and U.S. v
Kamp); 97 Cong. Rec. 3800, Apr. 12, 1951 (notice of receipt of
subpena duces tecum in U.S. v Brehm); 104 Cong. Rec. 7262,
7263, 85th Cong. 2d Sess., Apr. 24, 1958 (notice of receipt of
subpena duces tecum from a superior court in North Carolina);
104 Cong. Rec. 7636, 85th Cong. 2d Sess., Apr. 29, 1958 (notice
of receipt of subpena duces tecum to appear before a grand jury
investigating alleged violations of 26 USC Sec. 145(b) by
Representative Adam C. Powell [N. Y.]); 113 Cong. Rec. 29374,
90th Cong. 1st Sess., Oct. 19, 1967 (notice of receipt of a
subpena ad testificandum to appear before a grand jury
investigating alleged violations of 18 USC Sec. Sec. 101, 201,
287, 371, 641, and 1505 by Representative-elect Adam Clayton
Powell [N.Y.]); 115 Cong. Rec. 80, 81, 91st Cong. 1st Sess.,
Oct. 29, 1969 (notice of receipt of a subpena duces tecum to
produce records required by the Corrupt Practices Act before a
grand jury investigating activities of the Seafarer's Political
Activities Donations Committee); 117 Cong. Rec. 2744, 92d Cong.
1st Sess., Feb. 17, 1971 (notice of receipt of a subpena duces
tecum to appear before a general court martial and produce
certain executive session testimony taken by a subcommittee in
U.S. v Lt. William L. Calley, Jr.).
16. See Rule XXXVII, House Rules and Manual Sec. 933 (1973) which gives
the House authority to grant leave to remove paper from House
files. Jefferson's Manual, House Rules and Manual Sec. 352
(1973) provides that the Clerk should allow no documents to be
taken from his custody.
---------------------------------------------------------------------------
For example, on Jan. 16, 1968,(17) the Clerk, W. Pat
Jennings, who had received a subpena to appear and present original
House records before a federal grand jury empaneled to investigate
alleged violations of law by Member-elect Adam Clayton Powell, notified
the Speaker, John W. McCormack, of Massachusetts, who laid before the
House the following letter:
---------------------------------------------------------------------------
17. 114 Cong. Rec. 80, 81, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
January 9, 1968.
The Honorable the Speaker,
House of Representatives.
Dear Sir: On this date I, W. Pat Jennings, Clerk of the
United States House of Representatives and the Honorable Zeake
W. Johnson, Jr., Sergeant at Arms of the United States House of
Representatives were served with subpenas issued under the
authority of the United States District Court for the District
of Columbia. These subpenas direct that Mr. Johnson and myself,
as officers of the United States House of Representatives
produce documents, papers and records belonging to the United
States House of Representatives. The subpenas were issued in
connection with a Grand Jury investigation of possible
violations of Title 18 U.S. Code, Sections 201, 287, 371, 641,
1001 and 1505. It is noted that these subpenas command our
appearance and production of the House records mentioned
therein on Thursday the 18th of January 1968 at 10:00 a.m. The
subpenas themselves outline the House records that we were
requested to produce.
The rules and practices of the House of Representatives
indicate that no official of the House may, either voluntarily
or in obedience to a subpena duces tecum, produce such papers
without the consent of the House being first obtained.
The subpenas in question are herewith attached, and this
matter is presented for such action as the House may deem
appropriate.
Sincerely yours,
W. Pat Jennings,
Clerk, U.S. House of Representatives.
Following presentation of this letter, Mr. Hale Boggs, of
Louisiana, offered and the House passed House Resolution 1022,
authorizing the Clerk and Sergeant at Arms to appear and deliver
original House documents to the grand jury.(18)
---------------------------------------------------------------------------
18. 114 Cong. Rec. 80, 81, 90th Cong. 2d Sess., Jan. 16, 1968.
---------------------------------------------------------------------------
[[Page 630]]
Sec. 23.9 The Doorkeeper reports receipt of a subpena duces tecum to
the Speaker, who lays the matter before the House.
On Apr. 13, 1961,(19) the Speaker, Sam Rayburn, of
Texas, laid before the House the following communication, which was
read by the Clerk:
---------------------------------------------------------------------------
19. 107 Cong. Rec. 5851, 87th Cong. 1st Sess.
Office of the Doorkeeper,
House of Representatives,
Washington, D.C., April 13, 1961.
Hon. Sam Rayburn,
U.S. House of Representatives,
Washington, D.C.
Dear Sir: As Doorkeeper of the House of Representatives, I
have received a subpena from the U.S. District Court for the
District of Columbia to appear regarding the case of Claude
Anderson Taylor (criminal case No. 965-60).
The subpena directed me to appear before said court as a
witness in the case and to bring with me certain and sundry
papers therein described in the House of Representatives.
Since the development of this case has extended into the
87th Congress, and it is well recognized that each House
controls its own papers, this matter is presented for such
action as the House, in its wisdom, may see fit to take.
Respectfully yours,
Wm. M. Miller,
Doorkeeper, House of Representatives.
Mr. John W. McCormack, of Massachusetts, offered and the House
passed House Resolution 256 authorizing the Doorkeeper to appear before
the court but not take with him any papers or documents on file in his
office or under his control or in possession or control of the House of
Representatives, except those documents which the court determines to
be material and relevant.(20)
---------------------------------------------------------------------------
20. 107 Cong. Rec. 5852, 87th Cong. 1st Sess., Apr. 13, 1961.
---------------------------------------------------------------------------
Immunities of Officers and Employees; Dombrowski v Eastlard
Sec. 23.10 The Speech or Debate Clause of the U.S. Constitution (art.
I, Sec. 6) does not immunize a committee counsel from civil
liability for tortious conduct, and such an action will not be
dismissed when there is substantial testimony regarding his alleged
participation in unconstitutional activity.
In Dombrowski v Eastland, 387 U.S. 82 (1967), a suit alleging that
the Chairman and Counsel of the Subcommittee on Internal Security of
the Senate Judiciary Committee tortiously participated in a conspiracy
to seize petitioners' property and records in violation of the fourth
amendment, the Supreme Court dismissed the action as to the Chairman,
but remanded
[[Page 631]]
it for a finding of facts of alleged illegal activity by the Counsel. A
significant consideration was the Court's interpretation of the state
of the law at that time, that immunity under the Speech or Debate
Clause was ``less absolute, although applicable, when applied to
officers or employees, rather than to legislators themselves,'' and
that, when applied to a legislator, the clause ``deserves greater
respect than where an official acting on behalf of the legislator is
sued.''
The Court also noted that the record showed no involvement by the
Chairman ``in any activity that could result in liability,'' whereas it
revealed ``controverted evidence . . . which afford[ed] more than
merely colorable substance to petitioners assertions . . . sufficient
to entitle petitioners to go to trial'' as to the
Counsel.(1)
---------------------------------------------------------------------------
1. Dombrowski v Eastland, 387 U.S. 82, 84 (1967).
---------------------------------------------------------------------------
Powell v McCormack
Sec. 23.11 An officer who executes an order pursuant to a House
resolution held to be unconstitutional is not immune from suit.
In Powell v McCormack, 395 U.S. 486 (1969),(2) a civil
action for declaratory and injunctive relief, the Clerk, Sergeant at
Arms, and Doorkeeper of the House, along with several Members, were
sued individually and in their Representative capacities for executing
House Resolution 278, which denied administration of the oath to the
plaintiff, Adam C. Powell, a Member-elect from New York, in the 90th
Congress.(3)
---------------------------------------------------------------------------
2. See 115 Cong. Rec. 17326-42, 91st Cong. 1st Sess., June 25, 1969,
for full text of the Court's opinion. See also 113 Cong. Rec.
8729-62, 90th Cong. 1st Sess., Apr. 10, 1967, for memoranda of
counsel.
3. See 113 Cong. Rec. 4997 et seq., 90th Cong. 1st Sess., Mar. 1,
1967, for the text of H. Res. 278 providing for imposition of a
fine, and for the text of amendment providing for exclusion of
Mr. Powell.
---------------------------------------------------------------------------
The complaint in Powell alleged as actionable the Clerk's threat to
refuse to perform for the plaintiff those services to which a duly
elected Member was entitled, the Sergeant at Arms' refusal and threat
to continue to refuse to pay salary and other moneys to which a duly
elected Member was entitled, and the Doorkeeper's refusal and threat to
continue to refuse to admit the plaintiff to the Hall of the
House.(4) The complaint ex
[[Page 632]]
pressly stated that these refusals by the respective officers were made
``under color of the authority and mandate of House Resolution 278.''
The Supreme Court dismissed the action against the Members without
determining whether they would be immune,(5) and held that
the naming of the House officers provided a sufficient basis for
judicial review.(6)
---------------------------------------------------------------------------
4. Powell v McCormack, 395 U.S. 486, 493 (1969). The resolution of
exclusion [H. Res. 278], appearing in 113 Cong. Rec. 6036-39,
90th Cong. 1st Sess., Mar. 9, 1967, neither expressly ordered
the officers to refuse to pay or perform services for Powell
nor provided that he should no longer be entitled to the salary
and perquisites of office. Nonetheless, these refusals were
implied because the resolution excluded him from membership in
the 90th Congress.
5. See Chs. 7 and 12, infra, for discussion of this case as it relates
to Members.
6. See Powell v McCormack, 395 U.S. 486, 506 (1969).
---------------------------------------------------------------------------
In finding that Congress was not authorized to exclude a Member-
elect who met the constitutional qualifications of age, inhabitancy,
and citizenship, a finding which rendered unconstitutional House
Resolution 278 of the 90th Congress, the Court held, ``That House
employees are acting pursuant to express orders of the House does not
bar judicial review . . .''(7) and ``. . . petitioners are
entitled to maintain their action against House employees and to
judicial review of the propriety of the decision to exclude petitioner
Powell.(8) The Court also indicated that Powell could sue
the Sergeant at Arms to determine entitlement to mandatory relief for
salary withheld pursuant to an unconstitutional House
resolution.(9)
---------------------------------------------------------------------------
7. Powell v McCormack, 395 U.S. 486, 504 (1969).
8. Powell v McCormack, 395 U.S. 486, 506 (1969).
9. Powell v McCormack, 395 U.S. 486, 500, n. 16 (1969).
---------------------------------------------------------------------------
In reaching these conclusions, the Court relied on Kilburn v
Thompson, 103 U.S. 168 (1881),(10) which allowed a
contumacious witness, Hallet Kilbourn, to bring an action for false
imprisonment against John G. Thompson, the Sergeant at Arms of the
House, who had executed the warrant for Kilbourn's arrest pursuant to a
House resolution which the Court found to be an unconstitutional
exercise of a judicial function by a legislative body. In Kilboun, the
Court first articulated the doctrine that, although an action against a
Congressman may be barred by the Speech or Debate Clause, legislative
employees who participate in an unconstitutional activity are
responsible for their
[[Page 633]]
acts.(11) Kilbourn eventually recovered
$20,000.(12~)
---------------------------------------------------------------------------
10. See 2 Hinds' Precedents Sec. 1612, for a discussion of Kilbourn.
11. See Powell v McCormack, 395 U.S. 486, 504, 505 (1969), stating
that, in Kilbourn,'' the Sergeant at Arms was held liable for
false imprisonment even though he did nothing more than execute
the House Resolution that Kilbourn be arrested and
imprisoned.''
12. Kilbourn v Thompson, 11 McArth. & M. 401, 432 (Sup. Ct. D.C. 1883).
The 48th Congress appropriated $20,000 to pay Kilbourn directly
for the judgment against Thompson (see 23 Stat. 467, Mar. 3,
1885).
---------------------------------------------------------------------------
The Court in Powell concluded that the factual situation did not
fall within the scope of the Speech or Debate Clause, the purpose of
which is ``. . . to insure that legislators are not distracted from or
hindered in the performance of their legislative tasks by being called
into court to defend their actions.(13)
---------------------------------------------------------------------------
13. ``A legislator is no more or no less hindered or distracted by
litigation against a legislative employee calling into question
the employee's affirmative action than he would be by the
employee's failure to act. Nor is the distraction or hindrance
increased because the litigation questions action taken by the
employee within rather than without the House. Freedom of
legislative activity and the purposes of the Speech or Debate
Clause are fully protected if legislators are relieved of the
burden of defending themselves.'' Powell v McCormack, 395 U.S.
486, 505 (1969).
---------------------------------------------------------------------------
Stamler v Willis
Sec. 23.12 Leave to join legislative employees as additional parties
defendant may be granted following the dismissal, under the Speech
or Debate Clause, of an action against various Members and
officials to declare unconstitutional a House rule and to enjoin
enforcement of a committee contempt citation.
In Stamler v Willis, 415 F2d 1365 (7th Cir. 1969); cert. den. 399
U.S. 929 (1970),(14) persons who were being prosecuted for
contempt of Congress filed suit to declare Rule XI of the House rules
violative of the first amendment and to enjoin enforcement of the
contempt citation of the Committee on UnAmerican Activities. The named
defendants were certain Members of the House, and two prosecuting
officials, the Attorney General of the United States and the United
States Attorney for the Northern District of Illinois. The district
court dismissed the complaint under the Speech or Debate Clause as to
the Members and, without considering
[[Page 634]]
whether this immunity applied to executive officials, held that the
action against the Attorney General and United States Attorney, being
``ancillary to the claims against the Congressional defendants,'' must
also be dismissed.(15)
---------------------------------------------------------------------------
14. See also 287 F Supp 734 (N.D. Ill., 1968) for the district court
opinion which dismissed the action under the Speech or Debate
Clause as to Members of Congress.
15. Stamler v Willis, 287 F Supp 734, 739 (N.D. Ill., 1968).
---------------------------------------------------------------------------
On appeal, the circuit court affirmed the dismissal of the
complaint as to the Members of Congress, but reversed the dismissal as
to the prosecuting officials, holding that they would have to defend
their actions in court. In addition, the court on its own motion
granted leave to amend the complaint to add additional parties
defendant, such as committee officials, ``. . . for the sole purpose of
making effective relief possible in this declaratory and injunctive
action.'' The court offered this opportunity to the plaintiffs, if they
desired to use it, because:
. . . [I]n view of our decision to dismiss the Congressional
defendants from this action, it may develop that complete relief
cannot be accorded plaintiffs in the event that they are successful
on the merits unless the appropriate agents of the House committee
are served and joined as defendants below.(16)
---------------------------------------------------------------------------
16. Stamler v Willis, 415 F2d 1365, 1368 (7th Cir. 1969); cert. den.
399 U.S. 929 (1970).
---------------------------------------------------------------------------
Gravel v United States
Sec. 23.13 The Supreme Court has extended the immunity arising under
the Speech or Debate Clause to aides to legislators for actions
committed in performance of duties that are within the sphere of
legitimate legislative activity.
In Gravel v United States, 408 U.S. 606 (1972), which arose out of
a grand jury investigation of possible criminal conduct in the release
and publication of the so called Pentagon Papers, the Supreme Court
held, ``. . . the Speech or Debate Clause applies not only to a Member
but also to his aides insofar as the conduct of the latter would be a
protected legislative act if performed by the Member
himself.''(17) The Court adopted the view argued by the
Senate that the day-to-day work of aides and assistants in the modern
legislative process is so critical that they must be treated as the
legislator's alter ego; failure to recognize them as such would
diminish and frustrate the purpose of the Speech or Debate Clause--to
prevent intimidation of legislators by the other branches of
government.(18) Rejecting the
[[Page 635]]
government's contention that this holding was foreclosed by Kilbourn v
Thompson, 103 U.S. 168 (1881), Dombrowski v Eastland, 387 U.S. 82
(1967), and Powell v McCormack, 395 U.S. 486 (1969), the Court
observed, ``Those cases do not hold that persons other than Members of
Congress are beyond the protection of the [Speech or Debate] Clause
when they perform or aid in the performance of legislative
acts.''(19)
---------------------------------------------------------------------------
17. Gravel v United States, 408 U.S. 606, 618 (1972). See Ch. 7, infra,
for further discussion of Gravel.
18. Id. at pp. 616, 617. The position of the Senate was presented in
its amicus curiae brief, which is reprinted in full in
``Constitutional Immunity of Members of Congress,'' Hearings
Before the Joint Committee on Congressional Operations, 93d
Cong. 1st Sess., pp. 94-117. Senators Sam J. Ervin, Jr. (N.C.)
and William B. Saxbe, (Ohio) personally advocated the cause for
the Senate by special leave of the Supreme Court.
19. Gravel v United States, 408 U.S. 618 (1972).
---------------------------------------------------------------------------
The immunity of an aide is viewed in Gravel as a privilege which
the legislator may repudiate or waive; it is invocable by the aide only
on behalf of the legislator and is confined to those services that
would be protected if performed by the legislator
himself.(20) The Speech or Debate Clause does not protect
criminal conduct which threatens the security of the person or property
of others, nor immunize a legislator or aide from testifying at trials
or grand jury proceedings involving third-party crimes where the
questions do not require testimony about a legislative
act.(1) Furthermore, not all activities performed by a
legislator and his aides are entitled to protection. The immunity may
be invoked only as to matters that are an integral part of the
legislative process.(2)
---------------------------------------------------------------------------
20. Gravel v United States, 408 U.S. 606, 621, 622 (1972).
1. Id. at pp. 622, 626, the Court saying: ``. . . Article I, Sec. 6,
cl. 1 [the Speech or Debate Clause], as we have emphasized,
does not purport to confer a general exemption upon Members of
Congress from liability or process in criminal cases. While the
Speech or Debate Clause recognizes speech, voting, and other
legislative acts as exempt from liability that might otherwise
attach, it does not privilege either Senator or aide to violate
an otherwise valid criminal law in preparing for or
implementing legislative acts.''.
See also Kilbourn v Thompson, 103 U.S. 168 (1881), which
held that an arrest by the Sergeant at Arms pursuant to a House
order found to be unconstitutional was subject to judicial
review.
2. ``The heart of the clause,'' said the Court in Gravel, is ``speech
or debate in either House, and insofar as the clause is
construed to reach other matters, they must be an integral part
of the deliberative and communicative processes by which
Members participate in committee and House proceedings with
respect to the consideration and passage or rejection of
proposed legislation or with respect to other matters which the
Constitution places within the jurisdiction of either House.''
In their dissents, Mr. Justice Brennan stated and Mr. Justice
Douglas implied that the majority also excluded from the
protected sphere of legislative activities the ``informing
function'' defined in Watkins v United States, 354 U.S. 178,
200 (1957) as ``the power of Congress to inquire into and
publicize corruption, maladministration or inefficiency in
agencies of the Government.'' The basis of their belief was the
majority's holding that Gravel's alleged arrangement for a
private publication of the Pentagon Papers was not shielded
from inquiry. Gravel v United States, 408 U.S. 606, 649 (1972).
---------------------------------------------------------------------------
[[Page 636]]
Doe v McMillan
Sec. 23.14 Immunity arising under the Speech or Debate Clause has been
extended to committee staff personnel for conduct held to be within
the sphere of legitimate legislative activity.
In Doe v McMillan, 412 U.S. 306 (1973), the parents of District of
Columbia school children, under pseudonyms, sought damages and
declaratory and injunctive relief for invasion of privacy which
allegedly resulted from dissemination of a report of the Special
Subcommittee of the Committee on the District of Columbia on the D.C.
school system,(3) which identified students by name in
derogatory contexts. Named as defendants were, among others, the
Chairman of the House District Committee,(4) plus its
members, clerk, staff director, and counsel, as well as a consultant to
that committee; the Superintendent of Documents and the Public Printer
(officials of the Government Printing Office); officials and employees
of the D.C. school system; and the United States.
---------------------------------------------------------------------------
3. This report, H. Rept. No. 91-1681 (1971), which was submitted to
the Speaker of the House on Dec. 8, 1970, was authorized by H.
Res. 76 (see 115 Cong. Rec. 2784, 91st Cong. 1st Sess., Feb. 5,
1969), and was referred to the Committee of the Whole House on
the state of the Union and ordered printed (see 116 Cong. Rec.
40311, 91st Cong. 1st Sess., Dec. 8, 1970). It was subsequently
published and distributed by the Government Printing Office
pursuant to 44 USC Sec. Sec. 501 and 701. Doe v McMillan, 412
U.S. 306, 307-30X (1973).
4. Named in the caption of the case is John L. McMillan (S.C.), who
was Chairman of the House District Committee at the time this
suit was filed and decided.
---------------------------------------------------------------------------
The U.S. Supreme Court held that the congressional committee
members, staff officials, and the investigator and consultant were
absolutely immune under the
[[Page 637]]
Speech or Debate Clause.(5) The Court ruled that authorizing
an investigation and holding hearings to gather information, preparing
a report which contains the information, and authorizing the report's
publication and distribution, because they are integral parts of the
deliberative and communicative processes by which Members participate
in the consideration of proposed legislation, are protected by the
Speech or Debate Clause, even though potentially libelous information
may be involved. In reaching this decision, the Court followed Gravel v
United States, 408 U.S. 606, 618 (1972), which held that ``the Speech
or Debate Clause applies not only to a Member but also to his aides
insofar as the conduct of the latter would be a protected legislative
act if performed by the Member himself.(6)
---------------------------------------------------------------------------
5. See Doe v McMillan, 412 U.S. 306, 312 (1973): ``. . . [I]t is plain
to us that the complaint in this case was barred by the Speech
or Debate Clause insofar as it sought relief from the
Congressmen-Committee Members, from the committee staff, from
the consultant, or from the investigator, for introducing
material to the Speaker of the House, and for voting for
publication of the report. Doubtless, also, a published report
may, without losing Speech or Debate Clause protection, be
distributed to and used for legislative purposes by Members of
Congress, congressional committees and institutional or
individual legislative functionaries. At least in these
respects, the actions upon which petitioners sought to
predicate liability were legislative acts, Gravel v United
States, supra, [408 U.S. 606], at p. 618 [1972], and, as such,
were immune from suit.''
6. The Court in Doe v McMillan applied Speech or Debate Clause
immunity to committee officials and employees, citing Gravel as
precedent. Gravel, however, dealt only with the immunity of an
aide to an individual legislator. The applicability of a
Member's immunity to persons other than personal aides was not
even discussed in Gravel by way of dicta; in fact, the Court
expressly disclaimed the need to discuss ``issues which may
arise when Congress or either House, as distinguished from a
single Member, orders the publication and/or public
distribution of committee hearings, reports or other
materials.'' (Gravel, supra, at 626, n. 16). The extension of
the Gravel holding to committee staff members supports the
inference that the Court in a future case which raises the
issue would apply Speech or Debate Clause immunity to officers
of the House insofar as they act within the sphere of
legitimate legislative activity.
---------------------------------------------------------------------------
Focusing on the applicability of Speech or Debate Clause immunity
to the officials who disseminated the report--the Superintendent of
Documents and the Public Printer--the Court in Doe
[[Page 638]]
v McMillan framed the issue as whether informing the public ``simply
because authorized by Congress, must always be considered `an integral
part of the deliberative and communicative processes by which Members
participate in committee and House proceedings' [citing Gravel] with
respect to legislative and other matters before the House.'' This
question was answered in the negative. Observing that republication of
a libel, even where the initial publication is privileged, is generally
not protected, the Court in Doe v McMillan held that ``the
Superintendent of Documents or the Public Printer or legislative
personnel, who participate in distribution of actionable material
beyond the reasonable bounds of the legislative task, enjoy no Speech
or Debate Clause immunity.''
The Court in Doe v McMillan limited the scope of its holding by
saying that the Speech or Debate Clause immunity does not protect those
who, at the direction of Congress or otherwise, distribute actionable
material to the public at large beyond the Halls of Congress and its
functionaries, and beyond the apparent needs of the due functioning of
the legislative process.(7) With respect to the dismissal of
the suit as to committee members and personnel, the Court pointed out
they had not acted outside the sphere of legitimate legislative
activity.
---------------------------------------------------------------------------
7. The Court noted that it did not decide whether or under what
circumstances the clause would immunize distributors of
allegedly actionable materials from grand jury questioning,
criminal charges, or a suit by the executive to restrain
distribution, where Congress has authorized the particular
public distribution.
---------------------------------------------------------------------------
It does not expressly appear from the complaint, nor is it
contended in this Court, that either the Members of Congress or the
Committee personnel did anything more than conduct the hearings,
prepare the report, and authorize its publication.(8)
---------------------------------------------------------------------------
8. Doe v McMillan at p. 317. Presumably, an allegation that the
Members or committee personnel had participated in the public
dissemination of actionable material would have caused a
different result.
---------------------------------------------------------------------------
[[Page 639]]
CHAPTER 6
Officers, Officials, and Employees
EMPLOYMENT
Sec. 24. In General
Various House rules and statutes govern the activities and status
of persons employed by the House.(9) Jurisdiction over the
employment of persons by the House is by rule granted to the Committee
on House Administration.(10)
---------------------------------------------------------------------------
9. For example, pursuant to Rule XLI, House Rules and Manual Sec. 937
(1973) no person who is an agent for the prosecution of any
claim against the government, or who is interested in such
claim other than as an original claimant, may continue as an
employee of the House.
The U.S. Code sets forth rules concerning the service of
its employees as jurors or witnesses during certain judicial
proceedings. 2 USC Sec. 130b.
10. Rule XI clause 9(c), House Rules and Manual Sec. 693 (1973).
---------------------------------------------------------------------------
Those rules setting forth standards of official conduct for the
Members(11) are also applicable to House employees.
Additionally, those who are ``principle assistants'' to Members and
officers are subject to the financial disclosure requirements which the
House by rule has established.(12)
---------------------------------------------------------------------------
11. Rule XLIII clauses 1-5, House Rules and Manual Sec. 939 (1973).
12. Rule XLIV, House Rules and Manual Sec. 940 (1973). See 115 Cong.
Rec. 10040, 91st Cong. 1st Sess., Apr. 23, 1969, for the
announcement made to the House by the Chairman of the Committee
on Standards of Official Conduct concerning the closing date
for filing financial disclosure reports with the committee as
required by Rule XLIV.
---------------------------------------------------------------------------
Certain categories of employment in the House are established by
statute.(13) The qualifications of employment applicants are
determined by the House officer under whose supervision they will
serve, and each officer is authorized to remove or otherwise discipline
such employees.(14)
---------------------------------------------------------------------------
13. For examples of House employee positions created by statute see: 2
USCA Sec. 74-2(a)(b), messengers in office of the Speaker; 2
USCA Sec. 74a, administrative assistants for the Speaker and
Majority and Minority Leaders; 2 USCA Sec. 76a, special
assistant in the office of the Doorkeeper; and 2 USCA
Sec. 123b(f), Director and employees for the House Recording
Studio.
14. 2 USCA Sec. 60-1 (a).
---------------------------------------------------------------------------
Once hired, House employees must be assigned to the positions for
which they were appointed.(15) Moreover, the practice of
dividing House employees' salaries(16) or subletting their
duties(17) have been prohibited by statute.(18)
[[Page 640]]
Other statutory provisions sanction the withholding from House
employees of amounts due them if an indebtedness of an employee to the
House remains unsatisfied.(19)
---------------------------------------------------------------------------
15. 2 USC Sec. 85.
16. 2 USC Sec. 86.
17. 2 USC Sec. Sec. 87, 101.
18. 2 USCA Sec. 130d.
19. 2 USCA Sec. 89a.
---------------------------------------------------------------------------
CHAPTER 6
Officers, Officials, and Employees
EMPLOYMENT
Sec. 25. Creating Positions
Temporary Employees
Sec. 25.1 The frequent employment of personnel for brief periods places
an undue strain on the accounting procedures of the House; and it
is the announced policy of the Committee on House Administration to
discourage the temporary employment of personnel for periods of
less than a month.
On Oct. 19, 1966,(20) Wayne L. Hays, of Ohio, Chairman
of the Committee on House Administration, delivered the following
remarks to the House:
---------------------------------------------------------------------------
20. 112 Cong. Rec. 27653, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. Speaker, I have an announcement which I think will be of
general interest to all Members and of special interest to some:
Today the House Committee on Administration passed unanimously
a motion ordering and directing the chairman to notify all Members
that, as of the 15th of November, any employee put on a Member's
payroll, or a committee payroll, shall not be put on for a period
of less than 1 month, except that, if the person put on does not
work out and they desire to terminate his employment in less than a
month, he may not reappear on the Member's payroll for a period of
6 months.
Mr. Speaker, this is done to prevent what has happened to
excess in some committees, and I must say in some Members' offices
of having people on the payroll for a day or two at a time.
This has caused an impossible situation in the Clerk's office
with regard to writing payroll checks. . . .
Assistants to House Officials
Sec. 25.2 Positions for assistants to House officials are created by
resolution.
On Jan. 26, 1960,(1) Mr. John W. McCormack, of
Massachusetts, presented before the House the following privileged
resolution:
---------------------------------------------------------------------------
1. 106 Cong. Rec. 1323, 86th Cong. 2d Sess. For further examples of
resolutions creating positions for assistants to House
officials, see 106 Cong. Rec. 408, 86th Cong. 2d Sess., Jan.
13, 1960, and 104 Cong. Rec. 9758, 85th Cong. 2d Sess., May 28,
1958.
---------------------------------------------------------------------------
House Resolution 429
Resolved by the House of Representatives, That, effective
February 1, 1960, there shall be paid out of the contingent fund of
the House, until otherwise provided by law, compensation for the
employment of an Assistant Superintendent in the House Periodical
[[Page 641]]
Press Gallery, at the basic salary of $2,580 per annum.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Clerks to House Officers and Officials
Sec. 25.3 Positions for clerks to House officers and officials are
created by resolution.
On Jan. 26, 1966,(2) Mr. John W. McCormack, of
Massachusetts, obtained unanimous consent for the consideration of the
following resolution:
---------------------------------------------------------------------------
2. 112 Cong. Rec. 1125, 89th Cong. 2d Sess. For a further example of a
House resolution providing for additional clerk-hire see 105
Cong. Rec. 559, 86th Cong. 1st Sess., Jan. 12, 1959.
---------------------------------------------------------------------------
H. Res. 690
Resolved, That effective February 1, 1966, there shall be paid
out of the contingent fund of the House of Representatives, until
otherwise provided by law, such sums as may be necessary for:
1. Additional clerical help in the Office of the Majority
Leader, not to exceed $3,000 (basic) per annum.
2. (a) An additional position in the Office of the Minority
Leader, the basic compensation of which shall be at a rate not to
exceed $2,500 per annum.
(b) An additional position in the Office of the Majority Whip,
the basic compensation of which shall be at a rate not to exceed
$2,500 per annum.
(c) An additional position in the Office of the Minority Whip,
the basic compensation of which shall be at a rate not to exceed
$2,500 per annum.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Messengers to House Officers and Officials
Sec. 25.4 Positions for messengers to House officers and officials are
created by resolution.
On Apr. 16, 1962,(3) subsequent to the Chair's
recognition of Mr. Carl Albert, of Oklahoma, the following proceedings
occurred:
---------------------------------------------------------------------------
3. 108 Cong. Rec. 6707, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. Speaker, I offer a resolution (H. Res. 603) to provide for
certain new positions and to increase the compensation of certain
employees of the House of Representatives, and ask unanimous
consent for its immediate consideration.
The Speaker:(4~) Is there objection to the request
of the gentleman from Oklahoma?
---------------------------------------------------------------------------
4. John W. McCormack (Mass.).
---------------------------------------------------------------------------
There was no objection.
The Clerk read the resolution as follows:
Resolved, That (a) there is hereby created in the Office of
the Speaker the new position of Messenger the basic
compensation of which shall be at the rate of $2,100 per annum,
and
(b) There is hereby created in the Office of the
Parliamentarian the
[[Page 642]]
new position of Clerk-Messenger the basic compensation of which
shall be at the rate of $3,300 per annum.
Sec. 2. The basic compensation of each of the two positions
of Telephone Clerk (one minority) in the Office of the
Doorkeeper of the House of Representatives shall be at the rate
of $3,000 per annum.
Sec. 3. The additional amounts necessary to carry out the
provisions of this resolution shall be paid out of the
contingent fund of the House of Representatives until otherwise
provided by law.
Sec. 4. This resolution shall take effect May 1, 1962.
The resolution was agreed to.
A motion to reconsider was laid on the table.
CHAPTER 6
Officers, Officials, and Employees
EMPLOYMENT
Sec. 26. Minority Positions
Designation of Minority Employees
Sec. 26.1 The minority employees of the House are designated by and
have their compensations established by House resolution.
On Jan. 3, 1973,(5) Mr. John B. Anderson, of Illinois,
offered and asked for the immediate consideration of the following
resolution:
---------------------------------------------------------------------------
5. 119 Cong. Rec. 27, 93d Cong. 1st Sess. For further illustrations of
House resolutions designating minority employees see 115 Cong.
Rec. 4070, 91st Cong. 1st Sess., Feb. 20, 1969; 115 Cong. Rec.
35, 91st Cong. 1st Sess., Jan. 3, 1969; 112 Cong. Rec. 28514,
89th Cong. 2d Sess., Oct. 21, 1966; 109 Cong. Rec. 11457, 88th
Cong. 1st Sess., June 25, 1963; and 108 Cong. Rec. 7073, 87th
Cong. 2d. Sess., Apr. 19, 1962.
---------------------------------------------------------------------------
H. Res. 7
Resolved, That pursuant to the Legislative Pay Act of 1929, as
amended, six minority employees authorized therein shall be the
following-named persons, effective January 3, 1973, until otherwise
ordered by the House, to-wit: Joe Bartlett and Robert T. Hartmann,
to receive gross compensation of $36,000.00 per annum,
respectively; William R. Bonsell, to receive gross compensation of
$35,886.89 per annum; Tommy Lee Winebrenner, to receive gross
compensation of $31,013.37 per annum; Walter P. Kennedy (minority
pair clerk), to receive gross compensation of $30,820.35 per annum;
and John J. Williams (Staff Director to the Minority), to receive
gross compensation of $36,000.00 per annum.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Establishing Position Titles
Sec. 26.2 Position titles for the minority employees of the House and
adjustments in their gross compensation are provided for by
resolution.
On June 17, 1969,(6) Mr. Gerald R. Ford, of Michigan,
offered and
[[Page 643]]
asked for the immediate consideration of a resolution, as follows:
---------------------------------------------------------------------------
6. 115 Cong. Rec. 16196, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
H. Res. 441
Resolution relating to the positions of certain minority
employees in the House of Representatives
Resolved, That, until otherwise provided by law--(1) The six
positions of minority employees listed in House Resolution 8,
Ninety-first Congress, as supplemented by House Resolution 238,
Ninety-first Congress, and House Resolution 265, Ninety-first
Congress, are hereby given position titles in the descending order
in which those six positions are listed in House Resolution 8 as
follows:
(A) the position title of the position listed first is ``Floor
Assistant to the Minority'';
(B) the position title of the position listed second is ``Floor
Assistant to the Minority'';
(C) the position title of the position listed third is ``Floor
Assistant to the Minority'';
(D) the position title of the position listed fourth is ``Floor
Assistant to the Minority'';
(E) the position title of the position listed fifth is ``Pair
Clerk to the Minority''; and
(F) the position title of the position listed sixth is ``Staff
Director to the Minority''.
(2) Appointments to each position for which a position title is
provided by subparagraph (1) of this section shall be made by
action of the House of Representatives.
(3) The rate of pay of each position for which a position title
is provided by subparagraph (1) of this section shall be a per
annum gross rate equal to the annual rate of basic pay of Level V
of the Executive Schedule in section 5316 of title 5, United States
Code, unless a different rate is provided for such position by
action of the House of Representatives.
Sec. 2. (a) The first section of this resolution shall not
affect or change the appointments or continuity of employment of
those employees who hold such positions on the date of adoption of
this resolution.
(b) In accordance with the authority of the House of
Representatives under subparagraph (3) of the first section of this
resolution, the respective per annum gross rates of pay of those
positions for which position titles are provided by clauses (C),
(D), (E), and (F) of subparagraph (1) of the first section of this
resolution are as follows:
(1) for the position subject to clause (C)--$29,160;
(2) for the position subject to clause (D)--$25,200;
(3) for the position subject to clause (E)--$28,440; and
(4) for the position subject to subparagraph (F)--$28,080.
Sec. 3. This resolution shall become effective as of the
beginning of the calendar month in which this resolution is
adopted.
The resolution was agreed to.
A motion to reconsider was laid on the table.
CHAPTER 6
Officers, Officials, and Employees
EMPLOYMENT
Sec. 27. Compensation
The compensation of House employees is regulated both by stat
[[Page 644]]
ute(7) and by resolution. The House by resolution has
fixed,(8) increased,(9) or
adjusted(10) the compensation of various employees. It has
by resolution established salary limits(11) and authorized
the transfer of funds to meet employee payrolls.(12)
Employee overtime compensation has been provided for by
resolution(13) and on occasion the House has adopted
resolutions increasing the personnel salary allowances granted to House
officers.(14)
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7. For examples of statutory provisions related to the compensation of
various House employees see: 2 USCA Sec. 72a-2, basic
compensation of employees of House and Senate press,
periodical, and radio galleries; 2 USCA Sec. 74a, basic
compensation for administrative assistants to the Speaker and
Majority and Minority Leaders; 2 USCA Sec. 75c, basic
compensation for Assistant Tally Clerks, Office of the Clerk of
the House; 2 USCA Sec. 7ad, basic compensation for stationery
clerks; 2 USCA Sec. 75e, basic compensation for employees of
the offices of Clerk, Doorkeeper, and Postmaster; 2 USCA
Sec. 76a, basic compensation for Special Assistant, Office of
the Doorkeeper; 2 USCA Sec. 76b, basic compensation for
Telephone Clerks in the Office of the Doorkeeper; and 2 USCA
Sec. 84-3, basic compensation for the Deputy Sergeant at Arms.
8. See Sec. 27.1, infra.
9. See Sec. 27.2, infra.
10. See Sec. 27.3, infra.
11. See Sec. 27.4, infra.
12. See Sec. 27.5, infra.
13. See Sec. 27.6, infra.
14. See Sec. 27.7, infra. -------------------
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Fixing Compensation
Sec. 27.1 A resolution from the Committee on House Administration
fixing the compensation of certain House employees and providing
for their payment from the contingent fund is reported and called
up as privileged.
On Dec. 1 1970(15) Mr. Joe D. Waggonner, Jr., of
Louisiana, at the direction of the Committee on House Administration
submitted a privileged report(16) on and asked for the
immediate consideration of the following resolution:
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15. 116 Cong. Rec. 39341, 91st Cong. 2d Sess. For additional examples
of House resolutions fixing the compensation of House employees
see 115 Cong. Rec. 22545, 22546, 91st Cong. 1st Sess., Aug. 6,
1969; and 112 Cong. Rec. 27647, 89th Cong. 2d Sess., Oct. 19,
1966, where the rate of compensation for several House
employees was established.
16. H. Rept. No. 91-1639.
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H. Res. 1241
Resolved, That (a) until otherwise provided by law and
effective the first day of the month which begins on or after the
date of adoption of this resolution, the rate of basic compensation
of--
[[Page 645]]
(1) the clerk to the Official Reporters of Debates shall be
$6,160 per annum;
(2) the number one assistant clerk to the Official Reporters of
Debates shall be $4,505 per annum; and
(3) the number two assistant clerk to the Official Reporters of
Debates shall be $4,005 per annum.
(b) Until otherwise provided by law, such amounts as may be
necessary to carry out subsection (a) of this resolution shall be
paid out of the contingent fund of the House of Representatives.
The resolution was agreed to after brief debate thereon, and a motion
to reconsider was laid on the table.
Increasing Compensation
Sec. 27.2 The House by resolution increased the compensation of the
Legislative Counsel of the House to equal that of the Legislative
Counsel of the Senate.
On Mar. 31, 1965,(17) Mr. Carl Albert, of Oklahoma,
obtained unanimous consent for the consideration of the following
resolution:
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17. 111 Cong. Rec. 6412, 89th Cong. 1st Sess. For additional examples
of House resolutions increasing House employee compensation see
102 Cong. Rec. 7362, 84th Cong. 2d Sess., May 2, 1956, where
the salary of the official reporters of debates was increased,
and 102 Cong. Rec. 6966, 84th Cong. 2d Sess., Apr. 25, 1956,
where the salary of certain minority employees was increased.
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H. Res. 312
Resolved, That, effective April 1, 1965, the compensation of
the Legislative Counsel of the House of Representatives shall be at
a gross per annum rate which is equal to the gross per annum rate
of compensation of the Legislative Counsel of the Senate. The
additional sums necessary to carry out this resolution shall be
paid out of the contingent fund of the House until otherwise
provided by law.
The resolution was agreed to.
A motion to reconsider was laid on the table
Compensation Adjustments
Sec. 27.3 A resolution providing for payment from the contingent fund
of salary adjustments for certain House employees was reported and
called up as privileged by the Committee on House Administration.
On Jan. 27, 1972,(18) Mr. Frank Thompson, Jr., of New
Jersey, was recognized to seek consideration of the resolution shown
below:
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18. 118 Cong. Rec. 1531, 92d Cong. 2d Sess.
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Mr. Thompson of New Jersey: Mr. Speaker, by direction of the
Committee on House Administration, I call up a privileged
resolution (H. Res. 741) and ask for its immediate consideration.
[[Page 646]]
The Clerk read the resolution as follows:
H. Res. 741
Resolved, That until otherwise provided by law, effective
as of January 1, 1972, the per annum gross rate of pay of each
employee (except an employee who is an elected officer of the
House) whose pay is disbursed by the Clerk of the House and is
fixed at a specific rate by House resolution is increased by an
amount equal to 5.5 per centum of his per annum gross rate of
pay. No rate of pay shall be increased by reason of the
adoption of this resolution to an amount in excess of the rate
of basic pay of level V of the Executive Schedule contained in
section 5316 of title 5, United States Code. The contingent
fund of the House is made available to carry out the purposes
of this resolution.
The Speaker:(19) The Clerk will report the committee
amendment.
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19. John W. McCormack (Mass.).
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The Clerk read as follows:
Committee amendment: On page 1, line 4, immediately
following the word ``the'' strike out the word ``House'' and
insert ``House or who is an Official Reporter of Debates or an
Official Reporter to Committees.)''
The Speaker: Without objection, the committee amendment is
agreed
A reservation of the right to object being heard from Mr. Durward
G. Hall, of Missouri, a discussion of the resolution ensued at the
conclusion of which Mr. Thompson moved the previous question on the
resolution. The previous question was ordered. The resolution was
agreed to. A motion to reconsider was laid on the table.
Fixing Compensation Limits
Sec. 27.4 The House by resolution permitted the salaries of
administrative assistants to House leaders to be increased to the
maximum amount authorized under executive level five of the Federal
Civil Service.
On Jan. 15, 1968,(20) Mr. Carl Albert, of Oklahoma,
obtained unanimous consent for the consideration of a resolution as
follows:
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20. 114 Cong. Rec. 24, 90th Cong. 2d Sess. See also 111 Cong. Rec.
4405, 89th Cong. 1st Sess., Mar. 9, 1965, where the House by
resolution raised the gross salary limits for several House
employees to the maximum amount permissible under the salary
schedule in effect for the legislative branch.
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H. Res. 1015
Resolved, effective January 1, 1968, there will be payable from
the contingent fund of the House of Representatives, until
otherwise provided by law, an amount which will permit payment of
basic compensation per annum, at a rate not in excess of the
highest amount, which, together with additional compensation
authorized by law, will not exceed the maximum rate authorized by
Level 5 of the Executive schedule by Public Law 90-206, to the
administrative assistant of each of the following:
[[Page 647]]
(1) Speaker of the House.
(2) Majority leader of the House.
(3) Minority leader of the House.
(4) Majority whip of the House.
(5) Minority whip of the House.
(6) Each Member of the House who has served as Speaker of the
House.
(7) Each Member of the House who has served as majority leader
and minority leader of the House.
The resolution was agreed to, and a motion to reconsider was laid on
the table.
Transferring Payroll Funds
Sec. 27.5 By resolution the House has authorized the Clerk and Sergeant
at Arms of the House to transfer funds from the balances available
to them in several accounts under their administrative control to
meet Members' and employee payrolls pending enactment of an
appropriation bill carrying funds for that purpose.
On May 28, 1969,(1) Mr. Samuel X. Friedel, of Maryland,
submitted a privileged report(2) relating to a resolution
providing for the transfer of certain funds in order to meet a payroll.
The resolution is set out below:
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1. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
2. H. Rept. No. 91-278.
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H. Res. 425
Resolved, That the Clerk of the House and Sergeant at Arms be
and is hereby directed to pay such sum as may be necessary, from
the balance available of the 1968 appropriation and the various
funds of the 1969 appropriation, where balances may be available,
for the House of Representatives to meet the May and June payroll
of Members, officers of the House, and employees of the House.
Moneys expended from these funds and/or appropriations by the
Sergeant at Arms and the Clerk will be repaid to the funds and/or
appropriations from the Sergeant at Arms and Clerk's supplemental
appropriation upon its approval.
Following some debate on the resolution and the subsequent call of
the House, the resolution was agreed to. A motion to reconsider was
laid on the table.
Overtime Compensation
Sec. 27.6 A resolution providing for payment from the contingent fund
of overtime compensation for employees of the publications
distribution service (folding room) is reported and called up as
privileged by the Committee on House Administration.
On Mar. 2, 1972,(3) Mr. Wayne L. Hays, of Ohio, at the
direction of the Committee on House Ad
[[Page 648]]
ministration, called up and asked for immediate consideration of the
following House resolution:
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3. 118 Cong. Rec. 6627, 92d Cong. 2d Sess. For another example see 112
Cong. Rec. 5993, 89th Cong. 2d Sess., Mar. 16, 1966.
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H. Res. 835
Resolved, That, notwithstanding any other provisions of law,
there is authorized to he paid out of the contingent fund of the
House of Representatives such sums as may be necessary to pay
compensation to each employee of the Publications Distribution
Service of the House of Representatives for all services performed
by such employee in excess of the normal workday where such
services are authorized by the Committee on House Administration.
Such compensation shall he paid on an hourly basis at a rate equal
to the rate of compensation otherwise paid to such employees.
This resolution shall take effect on its adoption and payments
made under this resolution shall be terminated as the Committee on
House Administration determines necessary.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Increasing Personnel Salary Allowances
Sec. 27.7 A resolution from the Committee on House Administration
providing for payment from the contingent fund of compensation to
employees in the Speaker's office was reported and called up as
privileged.
On July 22, 1971,(4) Mr. Wayne L. Hays, of Ohio, at the
direction of the Committee on House Administration, submitted a
privileged report(5) relating to the use of the contingent
fund of the House to pay certain salaries, and sought immediate
consideration of the resolution shown below:
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4. 117 Cong. Rec. 26652, 92d Cong. 1st Sess. For a further example see
108 Cong. Rec. 8, 87th Cong. 2d Sess., Jan. 10, 1962.
5. H. Rept. No. 92-373.
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House Resolution 533
Resolved, That, until otherwise provided by law, effective as
of July 1, 1971, in addition to all other amounts provided by other
provisions of law, there shall he paid out of the contingent fund
of the House for compensation of the officers and employees of the
Office of the Speaker of the House the sum of $50,000.
Debate on the resolution ensued, at the conclusion of which the
previous question on the resolution was moved and ordered. The question
was taken and the resolution agreed to. A motion to reconsider was laid
on the table.
Presentation of Salary Comparability
Sec. 27.8 The Speaker laid before the House a directive implementing
the salary comparability policy established
[[Page 649]]
by the Federal Salary Act of 1967 for House officers and employees.
On June 17, 1969,(6) the Speaker(7) laid
before 'the House a message from the President, transmitting the
President's annual report on salary comparability and his directive
implementing certain salary adjustments in the executive branch of
government. Upon the receipt of the President's report, the Speaker
laid before the House his directive, including a schedule of per annum
compensation rates for House employees, which implemented the salary
comparability policy established by the Federal Salary Act of
1967.(8)
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6. 115 Cong. Rec. 16195, 16196, 91st Cong. 1st Sess. See also 114
Cong. Rec. 16717, 90th Cong. 2d Sess., June 11, 1968, for the
presentation of a similar directive.
7. John W. McCormack (Mass.).
8. Pub. L. No. 90-206.
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Announcing Statutory Salary Adjustments
Sec. 27.9 Adjustments in the House employees' wage schedule are
sometimes announced by the Chairman of the Committee on House
Administration.
On Jan. 27, 1966,(9) Mr. Omar T. Burleson, of Texas (at
the request of Mr. Lynn E. Stalbaum, of Wisconsin), pursuant to a grant
of permission to extend his remarks in the Record, announced and
submitted tables reflecting adjustments provided for by public law
(10) in the schedule of per annum compensation rates
applicable to House employees.
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9. 112 Cong. Rec. 1399, 89th Cong. 2d Sess.
10. Pub. L. No. 89-301.
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