[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 559-566]
 
                               CHAPTER 37
 
                              Resignations
 
         D. Resignations of Officers, Officials, and Employees
 
Sec.                      INDEX TO PRECEDENTS

Addressing House regarding reasons for resignation
    committee, resignation from, see Committee, resignation from, infra
    former Majority leader final speech, Sec. 7.10
    Speaker James C. Wright, Jr., resignation of, Sec. 9.1
    unanimous consent to address House, Sec. 4.15
Adjournment
    Commissions and boards, Speaker authorized to accept resignations 
        from, notwithstanding, Sec. Sec. 8.4, 8.5
    Congressional Record of opening day of new Congress business 
        transacted during sine die adjournment as reflected in, 
        Sec. Sec. 3.5, 9.2
    House informed of resignations received during, Sec. Sec. 3.4, 3.5, 
        9.3
    sine die adjournment, procedures relating to resignations of 
        Members received during, Sec. Sec. 3.4, 3.5, 3.6, 3.7
Appointments to committees, Sec. 6.1
Armed forces, resignation to join, Sec. Sec. 4.1, 4.15, 5.2
Basis of resignation of Member, see Reasons for resignation of Member
Beginning of session, tendering at, Sec. 3.6
Cabinet, President's, resignation to serve in, Sec. Sec. 4.2, 5.11
Change in party affiliation, resignation to stand for special election 
    after, Sec. 4.10
Chaplain, resignation of
    appointment, temporary, to fill vacancy pending election of new 
        Chaplain, Sec. 9.2
    Emeritus, Chaplain, resolution appointing Chaplain as, 
        Sec. Sec. 10.1, 10.2
    letter of resignation, Sec. Sec. 9.2, 10.1
    tributes to Chaplain, Sec. Sec. 10.1, 10.2
Clerk of the House, resignation of, Sec. 9.2
Commissions and boards, resignations from
    accept resignations notwithstanding adjournment to day certain, 
        Speaker authorized by unanimous consent, to, Sec. 8.5
    accept resignations notwithstanding sine die adjournment, Speaker 
        authorized by unanimous consent to, Sec. 8.4
    accept resignations throughout session, Speaker and floor leaders 
        authorized to, Sec. 8.6
    adjournment sine die, Speaker authorized by unanimous consent to 
        accept resignations notwithstanding, Sec. 8.4
    adjournment to day certain, Speaker authorized by unanimous consent 
        to accept resignations notwithstanding, Sec. 8.5
    appointments to fill vacancies in delegation to NATO 
        Parliamentarian's Conference made by Speaker, Sec. 8.1
    appointments to fill vacancies, Speaker and floor leaders 
        authorized to make, Sec. 8.6
    conference, international, resignations from delegation to, 
        Sec. 8.1
    Congressional Mailing Standards, resignation from, Sec. 8.2
    House Office Building Commission, Sec. 8.3
    international conference, resignations from delegations to, 
        Sec. 8.1
    laid before House, letter is, Sec. 8.1
    letters of resignation laid before House, from delegation to 
        international conference were, Sec. 8.1

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    NATO Parliamentarian's Conference, resignations from delegation to, 
        Sec. 8.1
    vacancies in delegation to NATO Parliamentarian's Conference, 
        appointments by Speaker to fill, Sec. 8.1
    vacancies, Speaker and floor leaders authorized to make 
        appointments to fill, Sec. 8.6
Committee, resignation from
    acceptance of resignation, Sec. Sec. 6.1, 6.2, 7.7
    addressing House on reasons for resignation, Sec. 7.9
    Agriculture, Committee on, resignation from, Sec. Sec. 6.6, 6.9, 
        7.5, 7.8
    Armed Services, Sec. Sec. 6.1, 7.7
    assignments, committee, dissatisfaction with, Sec. 7.6
    basis of resignation (see also specific topics herein), 
        Sec. Sec. 6.1, 6.2, 7.1-7.10
    Budget, Committee on, resignation from, Sec. 6.1
    caucus or conference, continuing membership in, committee 
        assignment was contingent on, Sec. 7.8
    chairman of committee, election as, Member's resignation from 
        another committee after, Sec. 7.3
    chairmanship, resignation from, while remaining on committee, 
        Sec. 6.1
    committee, election to, resignation from other committee 
        assignments pending, Sec. 7.4
    conferee, Member remained as, after resignation from committee, 
        Sec. 6.1
    conference committee, resignation from, see Conference committee, 
        resignation from
    debate on acceptance of resignation, Sec. 6.2
    dissatisfaction with committee assignments, Sec. 7.6
    Education and the Workforce, Committee on, resignation from, 
        Sec. 6.1
    Energy and Commerce, Committee on, resignation from, Sec. 6.1
    Ethics, Select Committee on, filling vacancy on, Sec. 6.5
    Ethics, Select Committee on, resignation from, Sec. 6.5
    Financial Services, Committee on, resignation from, Sec. Sec. 6.1, 
        6.6, 7.5
    Government Reform, Committee on, resignation from, Sec. Sec. 6.1, 
        6.6, 6.7, 6.9, 7.5
    Homeland Security, Committee on, resignation from, Sec. 6.1
    Immigration and Nationality Policy, Joint Committee on, Member who 
        had ceased to serve on immigration subcommittee resigned from, 
        Sec. 7.6
    International Relations, resignation from, Sec. 6.1
    investigating committee, chairman of, resigned after being accused 
        of accepting fees for appearing before government agency, 
        Sec. 7.9
    judicial role, resignation from committee cited imminent departure 
        from House to assume, Sec. 6.1
    laid before House, Sec. Sec. 6.1, 6.2
    laid before House, manner in which request for leave of absence is, 
        Sec. Sec. 6.1, 6.3
    leave of absence, request for, Sec. Sec. 6.1, 6.3
    letter of resignation may state reasons therefor, Sec. Sec. 7.4-7.6
    majority leader, election as, Member's resignation from committees 
        after, Sec. 7.2
    party affiliation, following change of, Sec. Sec. 7.7, 7.8
    party caucus or conference, continuing membership in, committee 
        assignment was contingent on, Sec. 7.8

[[Page 561]]

    privilege, question of, resignation as presenting, Sec. 6.2
    reasons for resignation (see also specific topics herein), 
        Sec. Sec. 6.1, 6.2, 7.1-7.10
    Resources, Committee on, resignation from, Sec. 6.6
    Science, committee on, resignation from, Sec. Sec. 6.1, 6.6
    select committee, Sec. Sec. 6.1, 6.2, 6.5, 6.8
    Select Committee on Ethics, resignation from, Sec. 6.5
    Select Committee on Homeland Security, resignation from, Sec. 6.1
    Select Committee on Intelligence, Sec. 6.8
    Select Bipartisan Committee to Investigate the Preparation for and 
        Response to Hurricane Katrina, Sec. 6.1
    slander cited as reason for resignation from investigating 
        committee, Sec. 7.9
    Speaker appointed Member to fill vacancy on select committee, 
        Sec. 6.1
    Speaker, election as, Member's resignation from committees after, 
        Sec. 7.1
    staff and colleagues, problems concerning, cited in resignation 
        from Select Committee on Assassinations, Sec. 6.2
    temporary surrender of seat on committee, Sec. 6.3
    Transportation and Infrastructure, Sec. 6.1
    vacancy on select committee, Speaker appointed Member to fill, 
        Sec. 6.1
    Veterans' Affairs, Committee on, resignation from, Sec. 6.3
    Ways and Means, Committee on, Member resigned certain assignments 
        pending election to, Sec. 7.4
Conference committee, resignation from
    approval of House, subject to, Sec. 6.4
    criminal conviction, following, Sec. 7.6
    vacancy, authorizing Speaker to fill, Sec. 6.4
Conferences, resignation as delegates to, Sec. 8.1
Constitutional or statutory provisions as affecting timing of 
    resignation of Member, see Member, resignation of
Contested seat, resignation of Member based on, Sec. 4.11
Contingency, resignation of Member based on
    confirmation of appointment to executive office, resignation to be 
        effective upon, Sec. 5.4
    election of successor, resignation to become effective after, 
        Sec. 5.6
    election to fill vacancy, resignation to be effective on date set 
        by Governor for, Sec. 5.7
    failure of contingency, resignation was made unconditional after, 
        Sec. 5.7
    successor, election of, resignation to become effective after, 
        Sec. 5.6
Convening of second session, procedures relating to, Sec. 3.5
Criminal conviction, resignation based on, Sec. 4.12
Effective date of resignation of Member
    alternative effective dates for resignation from Senate, see 
        Senate, resignations from
    clarification of, Sec. 3.9
    confirmation of appointment to executive office, resignation laid 
        down after, Sec. 5.11
    constitutional or statutory provisions as affecting timing of 
        resignation, Sec. 5.10
    contingency, resignation based on, see Contingency, resignation of 
        Member based on

[[Page 562]]

    earlier effective date where resignation laid before House after 
        assumption of executive office, Sec. 5.11
    election of successor, resignation to be effective after, Sec. 5.6
    election to fill vacancy, resignation to be effective on date set 
        by Governor for, Sec. 5.7
    future effective date, designation of, barred by State law, 
        Sec. 5.12
    future effective date, statement of, as enabling Governor to call 
        for election to fill vacancy, Sec. 5.1
    immediately, State law required resignation to take effect, rather 
        than at future date, Sec. 5.12
    laid down after assuming executive office, resignation as, with 
        earlier effective date, Sec. 5.11
    Senator, resignation of, see Senate, resignations from
    Speaker, resignation of, see Speaker, practices of or concerning
    stated in letter of resignation, as, Sec. Sec. 3.1, 3.6, 3.9
    State law required resignation to take effect immediately rather 
        than at future date, Sec. 5.12
    timing of resignation as affected by constitutional or statutory 
        provisions, Sec. 5.10
Election of new Speaker, precedence of, over submitting resignations 
    (see also Speaker, practices of or concerning), Sec. 3.7
Employees, minority, resignation of, see, e.g., Minority Clerk, 
    resignation of
Governor, resignation submitted to, Sec. 3.1
Judgeship, resignation to assume, Sec. Sec. 4.7, 4.8, 5.1, 5.10
Law Revision Counsel, resignation of
    functions of office described in letter of resignation, Sec. 9.3
    letter of resignation, Sec. 9.3
Legislative counsel, resignation of
    appointment to fill vacancy, Sec. 9.3
    Legislative Reorganization Act, appointment pursuant to, to fill 
        vacancy, Sec. 9.3
    letter of resignation laid before House, Sec. Sec. 9.3, 9.5, 10.6
    tribute to Legislative Counsel, Sec. 10.6
Letters of resignation by Members (see also Member, resignation of)
    conference, international, resignation from, see, e.g., 
        Conferences, resignation as delegates to, supra
    effective date, examples of statements as to, Sec. Sec. 3.1, 3.6, 
        3.9, 4.4, 5.1
    laid before House, Sec. Sec. 3.2, 3.6, 3.7, 3.9
    reasons for resignation, examples of letters stating, 
        Sec. Sec. 3.1, 3.6, 3.9, 4.2, 4.7
    Resident Commissioner from Puerto Rico, see Resident Commissioner 
        from Puerto Rico, resignation of
    Speaker, letter submitted to, procedures in cases where, Sec. 3.2
Member, resignation of
    acceptance of resignation not necessary, Sec. 2 (introduction)
    allegations of improprieties, Sec. 4.12
    Administrator of Drug Enforcement Agency, resignation to become, 
        see Reasons for resignation of Member
    Cabinet, President's, resignation to serve in, Sec. Sec. 4.2, 5.11
    constitutional or statutory provisions as affecting timing of 
        resignation, Sec. 5.10
    contingency, resignation based on, see Contingency, resignation of 
        Member based on

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    criminal conviction, after, Sec. 4.12
    Director of the Office of Management and Budget, resignation to 
        become, see Reasons for resignation of Member
    effective after election of successor, to be, Sec. 5.6
    effective date of resignation, clarification of, Sec. 3.9
    effective date of resignation, examples of statement as to, in 
        letter to Speaker, Sec. Sec. 3.1, 3.6, 3.9, 4.4
    effective upon contingency, see Contingency, resignation of Member 
        based on
    executive branch, resignation to serve in, Sec. Sec. 4.2, 5.11
    future date stated irrevocably for resignation, Governor enabled to 
        call for election to fill prospective vacancy where, Sec. 5.1
    Governor of State, letter submitted to, Sec. Sec. 3.1, 3.3, 3.5, 
        3.6, 3.10
    Governor of State, resignation to become, Sec. 4.7
    Governor, resignation was accepted by, although State law required 
        submission to Secretary of State, Sec. 3.9
    irrevocability of resignation as predicate for declaration of 
        vacancy, Sec. 5.1
    judicial appointment, to accept, Sec. Sec. 4.8, 4.9, 5.1, 5.10
    laid before House, resignations are, Sec. Sec. 3.2, 3.6, 3.7, 3.9
    Mayor of New York, resignation to become, Sec. 4.7
    military service as reason for, Sec. Sec. 4.1, 4.15, 5.2
    notification to executive authority of State where Member submitted 
        resignation directly to Speaker, Sec. 3.2
    notification to House where Member submitted resignation to 
        executive authority of State, Sec. Sec. 3.1, 3.3, 3.4, 3.6
    quorum, names of Members who resigned not called to establish, 
        Sec. 3.7
    prospective vacancy, Governor enabled to call for election to fill, 
        where future date for resignation has been irrevocably stated, 
        Sec. 5.1
    reasons for resignation, see specific topics hereunder; and see 
        Reasons for resignation of Member
    reelection, resignation or withdrawal after, Sec. Sec. 5.2, 5.3
    Resident Commissioner from Puerto Rico, see Resident Commissioner 
        from Puerto Rico, resignation of
    reelection, Member resigned after, before adjournment of Congress, 
        Sec. 5.2
    roll, stricken from, names of Members who resigned as, Sec. 3.7
    Secretary of State of State, letter submitted to, Sec. Sec. 3.6, 
        3.9
    Secretary of State of State, resignation submitted to Governor was 
        accepted although law required submission to, Sec. 3.9
    Senate, following election or appointment to, Sec. Sec. 4.3, 4.4
    Senate, resignations from, see Senate, resignations from
    Speaker, election of, proceeds before resignations received during 
        adjournment are laid before House, Sec. 3.7
    Speaker, procedure where resignation was submitted directly to, 
        Sec. 3.2
    Speaker, resignation of, as Member-elect, see Speaker, practices of 
        or concerning
    State law required that resignation be submitted to Secretary of 
        State of State, Sec. 3.9
    State law, resignation customarily submitted to official designated 
        by, Sec. Sec. 3.1, 3.9

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    swearing in, reelected Member resigned prior to, Sec. 5.2
    tendered to executive authority of State, resignation customarily 
        is, Sec. Sec. 3.3, 3.6, 3.9
    tendered to Speaker or to House, procedure where resignation is, 
        Sec. 3.2
    timing of resignation to coincide with resignation of Senator 
        permitted Governor to appoint Member to fill vacancy, Sec. 5.9
    vacancy, prospective, stating future effective date of resignation 
        as enabling Governor to call for election to fill, Sec. 5.1
Minority, assistant disbursing clerk to, resignation of, Sec. 9.5
Minority Clerk, resignation of, Sec. 9.5
Minority employee, formal acceptance of resignation of, not necessary, 
    Sec. 9.5
Minority, floor assistant to, resignation of, Sec. 9.5
Minority Sergeant at Arms, resignation of, Sec. 9.5
Multiple letters of resignation, Sec. Sec. 6.6, 7.5
Notification to executive authority of State where Member submitted 
    resignation directly to Speaker, Sec. 3.2
Notification to House where Member submitted resignation to executive 
    authority of State
    copy of letter submitted by Member, Sec. Sec. 3.1, 3.3
    Governor, notification to House sent by, Sec. 3.3
    Member, notification by, Sec. Sec. 3.1, 3.3, 3.9
Officers and officials of House, resignations of, Sec. 9.1-9.3
    acceptance by the House, resignation of elected officer is subject 
        to, Sec. 9.2
    acceptance by the House, resignation of nonelected officer not 
        subject to, Sec. 9.3
    appointed officers, resignation of, Sec. Sec. 9.3, 9.4, 10.3-10.6
    appointment, temporary, by Speaker to fill vacancy among elected 
        officers, Sec. 9.2
    Chaplain, Sec. Sec. 9.2, 10.1, 10.2
    Clerk of the House, Sec. 9.2
    elected officers, Sec. Sec. 9.1, 9.2, 10.1, 10.2
    floor, announcements from, as to, Sec. Sec. 10.1, 10.2
    Law Revision Counsel, Sec. 9.3
    Law Revision Counsel, functions of office of, described in letter 
        of resignation, Sec. 9.3
    Legislative Counsel, Sec. Sec. 9.3, 9.4, 10.6
    Legislative Reorganization Act authorizes Speaker to make temporary 
        appointment to fill vacancy among elected officers, Sec. 9.2
    nonelected officers, resignation of, Sec. 9.3, 9.4
    Sergeant at Arms, Sec. 9.2
    Speaker, resignation of, see Speaker, practices of or concerning,
    vacancy among elected officers, temporary appointment by Speaker to 
        fill, Sec. 9.2
    vacancy among nonelected officers, appointment to fill, Sec. 9.3, 
        10.5
Parliamentarian, resignation of
    appointment to fill vacancy, Sec. 10.5
    letter of resignation, Sec. Sec. 10.3-10.5
    tributes upon, Sec. Sec. 10.3-10.5
Primary or special election, resignation to participate in, 
    Sec. Sec. 4.11, 5.7
Procedure for resignation of Member, see, e.g., Member, resignation of

[[Page 565]]

Quorum, names of Members who resigned during sine die adjournment are 
    not called to establish, Sec. 3.7
Reasons for resignation of Member
    addressing House by unanimous consent to explain reasons, Sec. 4.15
    Administrator of Drug Enforcement Agency, to become, Sec. 4.2
    Ambassador of another nation, to become, Sec. 4.6
    Cabinet, President's, to serve in, Sec. Sec. 4.2, 5.11
    contested seat, resignation of, Sec. 4.11
    criminal conviction of Member, Sec. 4.12
    Director of the Office of Management and Budget, to become, 
        Sec. 4.2
    executive branch, to serve in, Sec. 4.2
    Governor of State, to become, Sec. 4.2
    judicial appointment, to accept, Sec. Sec. 4.8, 4.9, 5.1
    Mayor of New York, to become, Sec. 4.7
    military service, to join, Sec. Sec. 4.1, 4.15, 5.2
    party affiliation, change in, to stand for special election after, 
        Sec. Sec. 4.10, 5.7
    pastor of church, to pursue duties as, Sec. 3.9
    Securities and Exchange Chairman, to become, Sec. 4.2
    Senate, resignations from, see Senate, resignations from, infra
    special election, to stand for, after change of party affiliation, 
        Sec. 4.10
    United Nations, Ambassador to, resignation to accept appointment 
        as, Sec. 4.5
    United Nations, appointment as member of delegation to, resignation 
        to accept, Sec. 4.5
    United States Trade Representative, to become Sec. 4.2
Resident Commissioner from Puerto Rico, resignation of
    letter from Governor naming successor laid before House, Sec. 3.8
    letter giving notice of, laid before House, Sec. 3.8
    oath administered to successor, Sec. 3.8
    vacancy, Governor of Puerto Rico makes appointment to fill, subject 
        to confirmation by Senate of Puerto Rico, Sec. 3.8
    vacancy, letter from Governor naming successor to fill, laid before 
        House, Sec. 3.8
Roll, names of Members who resigned during sine die adjournment as 
    stricken from, Sec. 3.7
Select Committee on Ethics, resignation from, see Committee, 
    resignation from
Senate, resignations from
    alternative effective dates, Sec. 5.8
    effective after taking oath as Senator, resignation following 
        election as Vice President was to be, Sec. 5.5
    effective date prior to end of term as affecting seniority of 
        Senator appointed to fill vacancy, Sec. Sec. 4.3, 5.9
    effective on certain date or at such earlier date as successor has 
        been elected and qualified, Sec. 5.8
    Governor to appoint new Senator, Sec. 4.3
    nomination of candidates in next primary, resignation by Strom 
        Thurmond to permit, after his election by write-in vote, 
        Sec. 4.14
    Thurmond, Strom, election by write-in vote followed by resignation 
        of, Sec. 4.14
    timing of resignation of Member of House to coincide with 
        resignation of Senator permitted, Governor to appoint that 
        Member to fill vacancy, Sec. 5.9
    vacancy prior to end of term, intention to create, to gain 
        advantages of seniority for newly appointed Senator, Sec. 4.14

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    Vice President, resignation after election as, Sec. 5.5
Senate, resignation to serve in, Sec. Sec. 4.3, 4.4
Sergeant at Arms, resignation of, Sec. 9.2
Speaker, practices of or concerning
    accept resignations notwithstanding adjournment, Speaker authorized 
        to, see, e.g., Adjournment, Commissions and boards, 
        resignations from,
    address to House by Speaker James C. Wright, Jr., concerning his 
        resignation, Sec. 9.1
    committee, select, appointing Member to fill vacancy on, see 
        Committee, resignation from
    election of new Speaker after resignation of Speaker James C. 
        Wright, Jr., Sec. 9.1
    election of Speaker, Members whose resignations were received 
        during sine die adjournment do not participate in, Sec. 3.7
    election of Speaker precedes presentation of resignations to House, 
        Sec. 3.7
    Gingrich, Newt, resigned as Member-elect to next Congress, Sec. 5.3
    notification to executive authority of State where resignation has 
        been first submitted to Speaker, Sec. 3.2
    resignation from committees upon election as Speaker, Sec. 7.1
    resignation from Speakership of James C. Wright, Jr., Sec. 9.1
    resignation of Speaker, proceedings for election of new Speaker 
        after, Sec. 9.1
    resignation or withdrawal of Speaker as Member-elect to next 
        Congress, Sec. 5.3
    resignation tendered directly to Speaker, procedure where, Sec. 3.2
    tendered to Speaker, resignation of Member was, Sec. 3.2
    withdrawal or resignation of Speaker as Member-elect to next 
        Congress, Sec. 5.3
Special or primary election, resignation to participate in, 
    Sec. Sec. 4.10, 5.7
Staff member, resignation of, see Employees, resignations of
State law, application of, Sec. Sec. 3.9, 3.10, 5.1, 5.12
State Secretary of State, resignations tendered to, Sec. Sec. 3.9, 3.10
Swearing in, reelected Member resigned prior to, see Member, 
    resignation of
Tendered to executive authority of State, Member's resignation 
    customarily is (see also Member, resignation of)
    Governor of State, letter submitted to, Sec. Sec. 3.1, 3.3, 3.6, 
        3.10
    Secretary of State of State, letter submitted to, Sec. Sec. 3.6, 
        3.9
Tributes to officers and officials upon resignation
    Chaplain, Sec. Sec. 10.1, 10.2
    Legislative Counsel, Sec. 10.6
    Parliamentarian, Sec. Sec. 10.3-10.5
    Speaker, tribute by, see, e.g., Sec. 10.4
United Nations, resignation to accept appointment to, Sec. 4.5
Vice President, resignation after both reelection as Senator and 
    election as, Sec. 5.5
Vice President, resignation of Member upon confirmation as, Sec. 5.4
Withdrawal of resignation of Member
    defects in compliance with State law, in case of, Sec. 5.1
Withdrawal of Speaker as Member-elect to next Congress, Sec. 5.3