[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 349]
CHAPTER 37
Resignations
[[Page 349]]
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Commentary and editing by John V. Sullivan, J.D., Andrew S. Neal,
J.D., and Robert W. Cover, J.D.; manuscript editing by Deborah Woodard
Khalili.
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A. Introduction
Sec. 1. Scope of Chapter
Sec. 2. Background
B. Resignation of a Member From the House
Sec. 3. Procedures and Forms
Sec. 4. Reason for Resignation; Inclusion in Letter of Resignation
Sec. 5. Conditional Resignations; Timing
C. Resignations From Committees and Delegations
Sec. 6. Procedures and Forms
Sec. 7. Reason for Resignation
Sec. 8. Resignations From Delegations and Commissions
D. Resignations of Officers, Officials, and Employees
Sec. 9. Procedure
Sec. 10. Tributes
[[Page 351]]
[Page 351]
CHAPTER 37
Resignations
A. Introduction
Sec. 1. Scope of Chapter
This chapter covers resignations from the House of Representatives
(with occasional illustrative instances from the Senate). Also
addressed are resignations from committees, boards, and commissions and
resignations of certain officers and staff of the House.
Because the process of resignation relates to a number of other
House procedures, the reader may wish to consult other chapters,
particularly those dealing with the assembly of Congress (Ch. 1,
supra), party organizations in the House (Ch. 3, supra), officers,
officials, and employees (Ch. 6, supra), committees (Ch. 17, supra),
and House-Senate conferences (Ch. 33, supra).
[Page 351-353]
CHAPTER 37
Resignations
A. Introduction
Sec. 2. Background
The resignation of a Member from the House, whether presented to
the executive authority of the State concerned or to the Speaker of the
House, becomes effective on its stated terms and ordinarily may not be
withdrawn.(1)
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1. 2 Hinds' Precedents Sec. 1213 and 6 Cannon's Precedents Sec. 65
(addressing whether a proposal to withdraw a resignation may be
privileged). Extracts from the Judiciary Committee report in 6
Cannon's Precedents Sec. 65 state without citation that
resignations are ``self-acting'' and may not be withdrawn. In
one case a Member was not permitted by the House to withdraw a
resignation. 2 Hinds' Precedents Sec. 1213. However, the House
has allowed withdrawal in the case of defective resignation. 6
Cannon's Precedents Sec. 229 (Member had not actually
transmitted, or withdrawal had overtaken, letter of
resignation); Sec. 5.1, infra (Member had transmitted
resignation to improper State official). A Member may appoint a
future date for his resignation to take effect and, until the
arrival of the date, participate in the proceedings of the
House. 2 Hinds' Precedents Sec. Sec. 1220-1225, 1228, 1229; 6
Cannon's Precedents Sec. Sec. 227, 228; Sec. 5.1, infra. The
modern practice of resignations with prospective effective
dates has engendered a possible distinction between those
including explicit language of irrevocability and others (see
Sec. 5, infra). For a State to prospectively perceive a vacancy
by reason of a prospective resignation, it presumably must be
assured that the resignation is irrevocable. A Member may
include in a letter of prospective resignation a statement of
intention that the resignation be ``irrevocable'' in order to
allay any concern about the prospect of withdrawal. See 147
Cong. Rec. 9892, 107th Cong. 1st Sess., June 5, 2001; 149 Cong.
Rec. 1750, 1751, 107th Cong. 1st Sess., Jan. 27, 2003; and
Sec. 5.1, infra. In some cases executive authorities of States
have been able to issue writs of election on the basis of time-
contingent resignations, thereby producing Representatives-
elect to fill vacancies almost immediately (see Sec. 5.1, infra
[Rep. Neugebauer succeeding Rep. Combest]). In at least one
case a Representative-elect was chosen to fill a vacancy even
before the vacancy existed in fact (see Sec. 5.1, infra [Rep.
Sullivan succeeding Rep. Largent]). In Sec. 5.6, infra, a
resignation was effective on the election of a successor
(Virginia; Dec. 1, 1944). In Sec. 5.7, infra, a resignation was
effective on the scheduling of a special election (South
Carolina; Jan. 18, 1965). In Sec. 5.12, infra, a delayed
effective date for a resignation was disallowed (New York; Nov.
26, 1951).
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[[Page 352]]
Acceptance of the resignation of a Member is unnecessary, and the
refusal of the executive authority of a State to accept a resignation
does not operate to continue membership in the House of the individual
who submitted the resignation.(2)
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2. 6 Cannon's Precedents Sec. 65.
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The resignation of an individual from office as a Representative
creates a vacancy in the representation in the House of Representatives
from the resigned Representative's State within the meaning of clause
4, Sec. 2 of art. I of the Constitution, such that the executive
authority thereof may issue a writ of election.(3)
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3. On occasion a Member who resigned has been reelected to the same
House. 2 Hinds' Precedents Sec. Sec. 1210, 1212, 1256; 111
Cong. Rec. 1452, 89th Cong. 1st Sess. Jan. 28, 1965; 111 Cong.
Rec. 13774, 89th Cong. 1st Sess., June 16, 1965; 129 Cong. Rec.
114, 98th Cong. 1st Sess., Jan. 6, 1983; and 129 Cong. Rec.
2575, 89th Cong. 1st Sess., Feb. 22, 1983.
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Letters of resignation are presented as privileged.(4)
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4. 2 Hinds' Precedents Sec. 1167.
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A Member may submit his resignation whenever he or she considers it
necessary, whether the House is in session or adjourned. A resignation
ordinarily becomes effective on its stated terms or on receipt by the
executive authority of the State concerned. The fact that the House is
not in session to receive notification of a resignation does not delay
a resigning Member's appointment to another office.(5)
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5. Compare 117 Cong. Rec. 32413, 92d Cong. 1st Sess., Sept. 20, 1971
and 117 Cong. Rec. 32239, 92d Cong. 1st Sess., Sept. 17, 1971
(relating to the appointment to the Senate of Mr. Robert T.
Stafford [VT], who previously had submitted his resignation to
the House). See also Sec. 5.11, infra, where the resignation of
Rep. Melvin R. Laird (WI) bearing the date of his swearing in
as Secretary of Defense, was laid before the House two days
later.
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[[Page 353]]
The first resignation from the House took place in 1791, after
lengthy debate as to its permissibility.(6) The British
Parliament did not allow resignations,(7) and it was
asserted in the House that the U.S. Congress should adhere to this
practice. However, the view prevailed that there was little analogy
between the House of Representatives and Parliament and, further, that
the U.S. Constitution does not prohibit the resignation of a Member of
Congress.
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6. 2 Hinds' Precedents Sec. 1230.
7. See Todd, Alpheus, Practices and Privileges of Parliament, Rogers &
Thompson, Toronto, 1840, pp. 89-91.
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It is desirable that a Member's resignation be sent to the House as
well as the executive authority of the Member's State. It is necessary,
on one hand, for the executive authority of the State to know when a
Member resigns so the executive authority can fulfill the
constitutional obligation to issue a writ of election to fill the
vacant seat and, on the other hand, for the House to know of the
resignation so that its records may accurately reflect the current
membership.(8)
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8. U.S. Const. art. I, Sec. 2; Rule XX clause 5(d), House Rules and
Manual Sec. 1024b (2007).
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A Member who is resigning generally submits the Member's
resignation simultaneously to the House and to the executive authority
of the Member's State. When this is not done, it is customary for
whomever has received the resignation to notify the
other.(9)
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9. Sec. 3.2, infra. See also Ch. 8, Sec. Sec. 9.1-9.3, supra. When a
Member purports to resign directly to the Speaker, rather than
to the pertinent official of the Member's State, the Executive
authority of the State concerned is notified. House Rules and
Manual Sec. 22 (2007). When a Member does not inform the House,
the Executive authority of the Member's State has done so. 2
Hinds' Precedents Sec. Sec. 1193, 1194; 6 Cannon's Precedents
Sec. 232. On occasion the House has learned of the resignation
of a Member by the presentation of credentials of the Member's
successor. 2 Hinds' Precedents Sec. Sec. 1195, 1356. When the
fact of a resignation has not appeared either from the
credentials of a successor or otherwise, the Clerk has been
ordered to inquire, or the House has ascertained the vacancy
from information given by other Members.
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[[Page 354]]
[Page 354-373]
CHAPTER 37
Resignations
B. Resignation of a Member From the House
Sec. 3. Procedures and Forms
A Member customarily resigns from the House by transmitting a
letter of resignation directly to the executive authority of the
Member's State and customarily informs the House that he has done so by
letter to the Speaker, the latter communication being satisfactory
evidence of the Member's resignation.(1)
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1. 2 Hinds' Precedents Sec. Sec. 1167-1176; 1 Hinds' Precedents
Sec. 567. When the executive authority of the State concerned
takes cognizance of a resignation, that executive declares a
vacancy and issues a writ of election to fill it. U.S. Const.
art. I, Sec. 2, clause 4; Ch. 8, Sec. 9, supra.
The House in the 108th Congress changed Rule XX clause 5 to
codify the longstanding practice that the whole number of the
House is reduced when a vacancy arises. The change also
provided that the Speaker announce such reduction (without
appeal) and lay before the House any documentation he might
deem pertinent. See 149 Cong. Rec. 9, 10, 108th Cong. 1st
Sess., Jan. 7, 2003. The House also adopted changes to Rule I
clause 8(b), House Rules and Manual Sec. 632 (2007) for the
event of a vacancy in the Office of Speaker. See Ch. 38,
Sec. Sec. 1, 2.2,
infra. -------------------
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Resignations Submitted to the Executive Authority of a State; Procedure
Sec. 3.1 A Member properly submits his resignation from the House to an
official designated by State law and simply informs the House of
his doing so, the latter communication being satisfactory evidence
of the resignation,(1) and the Speaker lays before the
House a letter from a Member transmitting a copy of his resignation
by letter to the executive authority of his State.
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1. 1 Hinds' Precedents Sec. 567.
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On Jan. 20, 2004,(2) the following proceedings occurred:
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2. 150 Cong. Rec. 65, 108th Cong. 2d Sess.
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RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following resignation
from the House of Representatives:
Congress of the United States,
House of Representatives,
Washington, DC, January 14, 2004.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Capitol Building, Washington, DC.
Dear Mr. Speaker: Enclosed is a copy of my official resignation
letter that was sent to the Governor of South Dakota and the SD
Secretary of State.
[[Page 355]]
I will be resigning from the House of Representatives effective
11:59 p.m. on January 20, 2004.
Please let me know if there are any further formalities which I
must perform or accomplish to effectuate this resignation.
Thank you for all the courtesies you have extended to me and
the people of South Dakota.
Sincerely,
William J. Janklow.
Enclosure.
Congress of the United States,
House of Representatives,
Washington, DC, January 14, 2004.
Hon. Mike Rounds,
Governor of South Dakota,
Pierre, SD.
Hon. Chris Nelson,
Secretary of State,
Pierre, SD.
Dear Governor Rounds and Secretary of State Nelson: I wish to
inform you that because of present circumstances, I am and will be
unable to perform the duties incumbent upon me in representing the
people of South Dakota as their US Representative.
Therefore, I wish to inform you that I will resign from the
House of Representatives effective 11:59 p.m. on January 20, 2004.
Representing the people of South Dakota in all the capacities
that I have over the years has brought a treasure of memories and
friends. This includes the year I have spent in the US House.
I am thankful to the people of South Dakota for the courtesies
they have shown me.
Sincerely,
William J. Janklow.
On Sept. 11, 1991,(3) the Speaker laid before the House
a communication from a Member resigning his seat in the House.
3. 137 Cong. Rec. 22616, 102d Cong. 1st Sess.
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Washington, DC,
September 11, 1991.
Hon. Thomas S. Foley,
Speaker, U.S. Capitol, Washington, DC.
Dear Mr. Speaker: By the attached letter to Governor Robert P.
Casey, I have tendered my resignation as a Representative in
Congress for the 2nd Congressional District of Pennsylvania
effective at the close of business September 11, 1991.
Sincerely,
William H. Gray, III
Member of Congress.
On Sept. 8, 1982,(4) Speaker pro tempore Melvin Price,
of Illinois, laid before the House a communication from a Member
resigning his seat in the House.
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4. 128 Cong. Rec. 22856, 97th Cong. 2d Sess.
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House of Representatives,
Washington, D.C., August 25, 1982.
Hon. Thomas P. O'Neill, Jr.
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: It is with considerable and understandable
regret and deep sadness that I submit my resignation as a
Representative of the 14th Congressional District of New York. Copy
of my statement is enclosed.
All good wishes.
Yours sincerely,
Fred Richmond.
[[Page 356]]
House of Representatives,
Washington, D.C., August 25, 1982.
Hon. Hugh Carey,
Governor, State of New York,
New York, N.Y.
Dear Mr. Governor: It is with considerable and understandable
regret and deep sadness that I submit my resignation as a
Representative of the 14th Congressional District of New York. Copy
of my statement is enclosed.
All good wishes.
Yours sincerely,
Fred Richmond.
On June 3, 1980,(5) the Speaker laid before the House a
communication from a Member resigning his seat in the House.
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5. 126 Cong. Rec. 13005, 96th Cong. 2d Sess.
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June 3, 1980.
Hon Thomas P. O'Neill, Jr.
Speaker of the House,
House of Representatives.
Dear Mr. Speaker: I hereby resign from the Office of the
Representative for the 13th Congressional District of Michigan,
effective immediately.
In further compliance with applicable statutes, I have also
sent the same letter of resignation to the Honorable William
Milliken, Governor of the State of Michigan.
Sincerely,
Charles C. Diggs, Jr.
On Sept. 3, 1975,(6) the Speaker laid before the House a
communication from a Member resigning his seat in the House, as
follows:
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6. 121 Cong. Rec. 27201, 94th Cong. 1st Sess.
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Washington, D.C., August 14, 1975.
Hon. Ray Blanton,
Governor, State of Tennessee,
Nashville, Tenn.
Dear Governor Blanton: This is to respectfully inform you that
I am hereby resigning my seat as Tennessee's Fifth District
Representative to the United States House of Representatives
effective this date.
Sincerely,
Richard H. Fulton.
September 3, 1975.
Hon Carl Albert,
Speaker, U.S. House of Representatives
2205 Rayburn Building
Washington, D.C. 20515
Dear Mr. Speaker: On August 14, 1975, I transmitted my letter
of resignation from the U.S. House of Representatives, Fifth
Congressional District of Tennessee to Honorable Ray Blanton,
Governor, State of Tennessee.
Respectfully,
Richard H. Fulton.
On Jan. 23, 1969,(7) Speaker John W. McCormack, of
Massachusetts, laid before the House the following resignations:
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7. 115 Cong. Rec. 1571, 91st Cong. 1st Sess.
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Congress of the United States,
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
[[Page 357]]
Speaker of the House of Representatives.
Sir: I beg leave to inform you that I have this day transmitted
to the governor of Wisconsin my resignation as a Representative in
the Congress of the United States from the 7th district of
Wisconsin.
Melvin R. Laird.(8)
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8. Parliamentarian's Note: Rep. Laird's nomination to be Secretary of
Defense had been approved by the Senate on Jan 20, 1969 (Senate
Legislative Day of Jan. 10, 1969). See Sec. 5.11, infra, for
further information regarding the timing of Mr. Laird's
resignation. -------------------
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RESIGNATION OF A MEMBER FROM THE HOUSE
The SPEAKER laid before the House the following communication:
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Please consider this my formal resignation
from the House of Representatives of the Congress of the United
States in which I have served for the past four years as the Member
from California's 27th District. This resignation is to be
effective at the close of business, January 21, 1969. As you know,
the reason for this resignation is that I have accepted the
position of the Lieutenant Governor of California.
At this time, I would like to take this opportunity to thank
you and all of my colleagues for your kindnesses, for your
cooperation, and above all for the privilege of knowing and working
in this, the greatest legislative body in the world.
Kindest personal regards.
Sincerely,
Ed Reinecke,
Member of Congress.
On May 4, 1964,(9) the Chair laid before the House
communications which the Clerk read as follows:
9. 110 Cong. Rec. 9946, 88th Cong. 2d Sess.
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May 1, 1964.
Hon. John McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby resign my office as Representative
in the Congress of the United States from the Fifth District of
South Carolina.
I beg leave to inform you that I have this day transmitted to
the Governor of South Carolina my resignation as Representative in
the Congress of the United States from the Fifth District of South
Carolina.
With great respect, I remain, your obedient servant,
Robert W. Hemphill.
May 1, 1964.
His Excellency Donald S. Russell,
Governor of South Carolina.
Sir: I hereby tender my resignation as a Member of the House of
Representatives in the Congress of the United States from the Fifth
District of South Carolina.
Robert W. Hemphill.
[[Page 358]]
On June 19, 1952,(10) the Speaker laid before the House
the following communications, which were read by the Clerk:
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10. 98 Cong. Rec. 7661, 82d Cong. 2d Sess.
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Congress of the United States,
House of Representatives
Washington, D. C., June 18, 1952.
Hon. Sam Rayburn,
Speaker of the House of Representatives, Washington, D. C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Governor of Texas my resignation as a
Representative in the Congress of the United States from the
Seventh District of Texas, effective midnight June 30, 1952.
A copy of my letter to the Governor is enclosed herewith.
Respectfully yours,
Tom Pickett,
Member of Congress.
[Enclosure.]
House of Representatives,
Washington, D. C., June 18, 1952.
Hon. Allan Shivers,
Governor of Texas, Austin, Tex.
Dear Governor: I hereby tender to you my resignation as a
Member of the House of Representatives in the Congress of the
United States from the Seventh District of Texas, effective
midnight, June 30, 1952.
Respectfully yours,
Tom Pickett,
Member of Congress.
On May 12, 1938,(11) the Speaker laid before the House
the following notice of resignation:
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11. 83 Cong. Rec. 6775, 75th Cong. 3d Sess.
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Washington, D. C., May 11, 1938.
Hon. William B. Bankhead,
Speaker, House of Representatives,
Washington, D. C.
My Dear Mr. Speaker: I beg to inform you that I have this day
transmitted to the Governor of Kentucky my resignation as a
Representative in the Congress of the United States from the Eighth
District of Kentucky, effective May 12, at 10 o'clock a. m. eastern
standard time.
With kindest regards,
I am truly,
Fred M. Vinson.
Resignations Submitted to House; Procedure
Sec. 3.2 A resignation submitted in the first instance to the Speaker
is laid before the House and spread upon the Journal, and the
executive authority of the State is notified of the vacancy if this
has not already been done by the Member.
On Apr. 22, 1991,(1) Speaker pro tempore Dale E. Kildee,
of Michigan, laid before the House a resignation submitted by a Member
[[Page 359]]
to the Speaker rather than to the executive authority of his State, a
copy of the letter to the Speaker having been transmitted to the
Governor.
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1. 137 Cong. Rec. 8742, 102d Cong. 1st Sess.
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House of Representatives
Washington, DC, April 19, 1991.
Hon. Thomas S. Foley,
Speaker of the House, The Capitol, Washington, DC.
Dear Mr. Speaker: I hereby resign the office of Representative
for the Second Congressional District of Arizona, effective May 4,
1991.
Sincerely,
Morris K. Udall.
cc: Gov. Fife Symington.
On Aug. 8, 1988,(2) Speaker pro tempore Paul E.
Kanjorski, of Pennsylvania, laid before the House a telefacsimile of a
letter from a Member informing the House of his resignation.
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2. 134 Cong. Rec. 21026, 100th Cong. 2d Sess.
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House of Representatives
Washington, DC, August 5, 1988.
Hon. Jim Wright.
Speaker of the House of Representatives,
H204, The Capitol, Washington, DC.
Dear Mr. Speaker: I hereby resign as the Representative from
the 19th Congressional District, effective immediately.
Sincerely,
Mario Biaggi,
Member of Congress.
*
House of Representatives
Washington, DC, August 5, 1988.
Hon. Mario Cuomo,
Governor of the State of New York, Executive Chambers,
Albany, NY.
Dear Governor Cuomo: I hereby resign as the Representative from
the 19th Congressional District, effective immediately.
Sincerely,
Mario Biaggi,
Member of Congress.
On Mar. 9, 1982,(3) Speaker pro tempore Dale E. Kildee,
of Michigan, laid before the House a resignation submitted by a Member
to the Speaker rather than to the executive authority of his State.
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3. 128 Cong. Rec. 3557, 97th Cong. 2d Sess.
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Washington, D.C.,
March 5, 1982.
Hon. Thomas P. O'Neill, Jr.,
The Speaker,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby resign my office as a Representative
in Congress from the 30th Congressional District of California
effective at 12 o'clock Noon on Tuesday, March 9, 1982.
Very truly yours,
George E. Danielson,
Member of Congress.
On Apr. 29, 1981,(4) the Speaker laid before the House a
resignation submitted by a Member to
[[Page 360]]
the Speaker rather than to the executive authority of his State.
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4. 127 Cong. Rec. 7815, 97th Cong. 1st Sess.
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Washington, D.C., Apr. 29, 1981.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Effective at the adjournment of the House on
Tuesday, May 5, 1981, I hereby resign as a Member of the House of
Representatives. I have also today notified the Governor of the
Commonwealth of Pennsylvania of my action.
It has been an honor for me to serve the people of
Pennsylvania's Third Congressional District as a Member of this
body. I leave with nothing but the highest respect for this House
and with great appreciation to all of its members for the advice
and support that has been given me during my tenure here.
It is my prayer that each Member will be granted special
insight as they deal with the difficulties facing our nation.
Respectfully yours,
Raymond F. Lederer,
Member of Congress.
The SPEAKER. The Chair will notify the Governor of the
Commonwealth of Pennsylvania of the resignation.
On Sept. 1, 1976,(5) the Speaker laid before the House a
resignation submitted by a Member to the Speaker, who secured an order
of the House to notify the Governor.
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5. 122 Cong. Rec. 28887, 94th Cong. 2d Sess.
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September 1, 1976.
Hon. Carl L. Albert,
Speaker, House of Representatives,
Washington, D.C.
Dear Sir: I hereby resign my office as Representative in
Congress of the United States from the 18th district of Ohio,
effective immediately.
With great respect,
Wayne L. Hays.
The SPEAKER. Without objection, the Speaker will notify the
Governor of the State of Ohio of the resignation of the gentleman
from Ohio.
There was no objection.
On July 12, 1957,(6) a Member submitted his letter of
resignation to the House, whereupon the Speaker was authorized to
inform the Governor of the State concerned.(7)
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6. 103 Cong. Rec. 11536, 85th Cong. 1st Sess.
7. See Sec. 5.7, infra, where a Member resigned directly to the House,
the Governor not having acted on the Member's previous letter
of resignation.
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The SPEAKER. The Chair lays before the House the following
resignation:
July 12, 1957.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
The Capitol, Washington, D. C.
Dear Mr. Speaker: I hereby resign my office as Representative
in the Congress of the United States from the 13th District of
Pennsylvania, effective September 1, 1957.
[[Page 361]]
It would be remiss of me if I did not state how much I have
appreciated your many courtesies to me during the past years.
With great respect, I am,
Very sincerely yours,
Samuel K. McConnell, Jr.,
Member of Congress,
13th District of Pennsylvania.
The SPEAKER. Without objection, the Speaker will notify the
Governor of the State of Pennsylvania of the resignation of the
gentleman from Pennsylvania [Mr. McConnell].
There was no objection.
The Speaker's letter notifying the Governor of the resignation was
as follows:
July 12, 1957.
His Excellency George M. Leader,
Governor of Pennsylvania,
Harrisburg, Pennsylvania.
Sir: Honorable Samuel K. McConnell, Jr. on Friday July 12,
1957, submitted his resignation as a Representative in the Congress
of the United States from the Thirteenth District of Pennsylvania,
effective September 1, 1957, and pursuant to the order of the House
of Representatives of Friday July 12, 1957, I have been directed to
so inform you.
Very truly yours,
Speaker Sam Rayburn.
Sec. 3.3 The Speaker has laid before the House a copy of a letter of
resignation from a Member to the executive authority of his State
or a communication from an executive authority attaching a copy of
such a letter.
On Dec. 12, 1995,(1) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House a copy of a communication from a Member
resigning his seat in the House.
1. 141 Cong. Rec. 36224, 104th Cong. 1st Sess.
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Congress of the United States,
House of Representatives,
Washington, DC, December 12, 1995.
Hon Pete Wilson,
Governor, State Capitol,
Sacramento, CA.
Dear Mr. Governor: Obviously, you are aware of the recent turn
of events in my life. While I finally received my day in court, I,
unfortunately, was not judged by a jury of my peers and in my
opinion, did not receive a just verdict. Nevertheless, that verdict
is a reality pending appeal.
As I stated to the media immediately after my verdict, it was
never my intention to put the Congress through a vote on expulsion
if I were convicted. Therefore, I am hereby tending my resignation
as representative of the 37th Congressional district effective
December 15, 1995.
Contrary to what anyone has ever said or intimated, I have
never sold out my constituency or my oath of office. I am fully
persuaded that in the near future God will vindicate my name.
Sincerely,
Walter R. Tucker III.
On Sept. 27, 1995,(2) the Speaker laid before the House
a communication from the Governor of a
[[Page 362]]
State, including the attachment thereto of a copy of a communication
from a Member of the House to that Governor by which the Member
resigned his seat as a Member of the House.
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2. Id. at p. 26567.
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Office of the Governor
Springfield, IL, September 8, 1995.
Hon. Newt Gingrich,
Speaker of the House of Representatives, U.S. Congress,
Washington, DC.
Dear Speaker Gingrich: Attached please find the official letter
of resignation from Congressman Mel Reynolds of Illinois' Second
Congressional District.
Pursuant to statelaw, I will take the appropriate steps to fill
the vacancy created by Congressman Reynolds' resignation. Please do
not hesitate to let me know if you have any questions regarding
this or any other matter.
Sincerely,
Jim Edgar,
Governor.
Attachment.
Congress of the United States,
House of Representatives
Washington, DC,
September 1, 1995.
Hon. Jim Edgar,
Governor, State of Illinois,
Springfield, IL.
Dear Governor: Tonight I shall be announcing my resignation
from the 104th Congress. Please receive this letter as formal
notice to you of my official resignation effective October 1, 1995.
It has been both an honor and a privilege to serve the people
of the Second Congressional District of Illinois.
Sincerely,
Mel Reynolds.
Receipt During Adjournment Sine Die
Sec. 3.4 When the Speaker, during a period of adjournment, receives
notice of the resignation of a Member from the House, he informs
the House when it reconvenes.
On Aug. 16, 1960,(1) following the adjournment of the
86th Congress, the resignation of a Member was laid before the House as
follows:
1. 106 Cong. Rec. 16535, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
August 8, 1960.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D.C.
Dear Sir: I hereby resign my office as Representative in the
Congress of the United States from North Dakota.
Respectfully,
Quentin N. Burdick.
Parliamentarian's Note: On this occasion, the Speaker announced to
the House that, pursuant to a previous order of the House authorizing
the Speaker to accept resignations during the August recess of the
House, he had, on Aug.
[[Page 363]]
8, 1960, accepted the resignation of Mr. Burdick as a Representative
and had informed the Governor of North Dakota of the receipt of said
resignation. However, in this case the Speaker misspoke, with respect
to acceptance of the resignation, as the Speaker's authority to accept
resignations during a recess is applicable to House officers and
employees and other positions as to which the Speaker makes
appointments, and not to Members, as to whose resignations no
acceptance is necessary.
On Jan. 7, 1959,(2) the resignations of certain Members,
submitted after sine die adjournment of the 85th Congress, were laid
before the House by the Speaker following the organization of the 86th
Congress.
---------------------------------------------------------------------------
2. 105 Cong. Rec. 15, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, D.C., November 12, 1958.
Hon. Sam Rayburn,
Speaker of the House,
House of Representatives,
Washington, D.C.
Sir: I beg leave to inform you that I have this day transmitted
to the Governor of Massachusetts my resignation as Representative
in the Congress of the United States from the 13th District of
Massachusetts, effective November 13, 1958.
Sincerely yours,
Richard B. Wigglesworth.
December 29, 1958.
Hon. Sam Rayburn,
Speaker of the House,
The Capitol,
Washington, D.C.
Dear Mr. Speaker: I hereby resign as a Member of the House of
Representatives of the United States, effective at 12 o'clock
midnight, December 31, 1958.
Very truly yours,
Henry J. Latham.
Sec. 3.5 The Speaker lays before the House, or, in case the House has
adjourned sine die, submits for the Congressional Record following
such adjournment, a letter from a Member advising of his
resignation (usually accompanied by a copy of the actual letter of
resignation that the Member submitted to the State official
concerned).(1)
---------------------------------------------------------------------------
1. Parliamentarian's Note: Although the letter was dated Dec. 8 (the
last day of the first session), the original was not received
that day. Thus, the Speaker was not able to lay the letter down
and make an announcement of the reduced whole number of the
House under Rule XX clause 5(c) (now 5(d)), House Rules and
Manual Sec. 1024b (2007). He did make that announcement before
the call of the roll at the start of the second session.
---------------------------------------------------------------------------
On Dec. 15, 2003,(2) the following proceedings occurred:
---------------------------------------------------------------------------
2. 149 Cong. Rec. 32411, 108th Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 364]]
Congress of the United States,
House of Representatives,
December 8, 2003.
The Speaker,
House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: It has been a privilege to work with you. I
am grateful for the support, guidance and opportunities you have
provided during my years in the House--especially by allowing me to
play a leadership role in so many important healthcare initiatives.
As I begin a new path in Kentucky, I will appreciate even more the
trials of leadership and the courage of conviction you have
exemplified. Thank you for your friendship, and know that I have
come to admire the gracious and professional manner in which you
lead the House.
During the past 5 years, I have had the great honor to serve as
the Representative for the people of the Sixth Congressional
District of Kentucky. My service in the U.S. Congress has been a
rewarding professional experience. I thank every one of my
constituents who put their trust and faith in my leadership.
Having recently been selected by the people of Kentucky to
serve as the next Governor of that great Commonwealth, I will
resign my seat representing the Sixth Congressional District of
Kentucky effective, upon taking the gubernatorial oath of office at
midnight on Tuesday, December 9, 2003.
I look forward to working with the distinguished Members of the
House in my new position, and have appreciated their friendship,
support, and collegiality during my years in Congress.
Sincerely,
Ernie Fletcher,
Member of Congress.
Congress of the United States,
House of Representatives,
December 8, 2003.
Hon. Paul Patton,
Governor, Commonwealth of Kentucky,
Frankfort, KY.
Dear Governor Patton: For the past five years, it has been my
honor and privilege to serve the people of Central Kentucky in the
U.S. House of Representatives. This past November, I was offered
another opportunity to serve the Commonwealth of Kentucky as the
next Governor.
I hereby wish to tender my resignation as Kentucky's Sixth
Congressional District Representative effective upon taking the
gubernatorial oath of office on Tuesday, December 9, 2003.
Sincerely,
Ernie Fletcher,
Member of Congress.
On Jan. 20, 2004,(3) at the convening of the House on
the day set for commencement of the second session, the Speaker called
the House to order and, following the opening prayer and without motion
from the floor, ordered a call of the House to establish a quorum.
---------------------------------------------------------------------------
3. 150 Cong. Rec. 64-66, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
Where a resignation letter had been received by the Speaker and
printed in the Congressional Record following sine die adjournment of
the first session, the
[[Page 365]]
Speaker announced a reduction in the whole number of the House pursuant
to Rule XX clause 5(c)(4) before the call of the House to
establish a quorum.
---------------------------------------------------------------------------
4. House Rules and Manual Sec. 1024b (2007). Rule XX clause 5(c) was
redesignated Rule XX clause 5(d) in the 109th Congress.
---------------------------------------------------------------------------
Parliamentarian's Note: Because Rep. Fletcher's resignation was
effective before the instant day and because his letter was printed in
the interim Congressional Record between sessions, his name was removed
from the Clerk's roll before its call. Contrast this with the case on
the roll of Rep. Janklow, whose letter was laid down this day (See
Sec. 3.1, supra), but whose resignation was not effective until
midnight: his name was included on the roll, and the Speaker announced
the adjustment to the whole number of the House on the next
day.(5)
---------------------------------------------------------------------------
5. See 150 Cong. Rec. 137, 108th Cong. 2d Sess., Jan. 21, 2004.
---------------------------------------------------------------------------
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. Under clause 5(c) of rule XX, the Chair announces
to the House that, in light of the resignation of the gentleman
from Kentucky (Mr. Fletcher), as indicated in the Record of
December 15, 2003, the whole number of the House is adjusted to
434.
Sec. 3.6 At the beginning of a new session, the Speaker calls the House
to order and, after the opening prayer, lays before the House any
letters notifying the Speaker of resignations from the House since
the last meeting of the House.
On Jan. 15, 1968,(1) the Speaker laid before the House
communications from two Congressmen(2) tendering their
resignations.
---------------------------------------------------------------------------
1. 114 Cong. Rec. 7, 90th Cong. 2d Sess.
2. See Sec. 5.10, infra.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF THE HOUSE OF REPRESENTATIVES
Th SPEAKER laid before the House the following communications,
which were read:
Congress of the United States,
House of Representatives,
Washington, D.C., December 15, 1967.
Hon. John W. McCormack,
Speaker of the U.S. House of Representatives, Washington,
D.C.
Dear Mr. Speaker: Herewith please find copy of my resignation
submitted to the Secretary of State, State of New York, as required
by law, effective January 1, 1968.
It has been my privilege to have been able to serve with you
these many years under your great leadership. I will always
remember your wise counsel and guidance, as well as, the many
courtesies extended to me. I will treasure forever your friendship
and that of our colleagues with whom I have served.
[[Page 366]]
With warmest personal regards and very best wishes, I am,
Most Sincerely,
Abraham J. Multer.
Enclosure.
Congress of the United States,
House of Representatives
December 19, 1967.
Hon John W. McCormack,
Speaker of the House of Representatives, Washington, D.C.
Dear Mr. Speaker: This is to clarify the effective date of my
resignation from the House of Representatives. It is intended that
my resignation be effective as of midnight, December 31, 1967,
since my new post as Justice of the New York State Supreme Court
begins on January 1, 1968.
With warm personal regards and best wishes, I am,
Sincerely,
Abraham J. Multer.
Congress of the United States,
House of Representatives
Washington, D.C., December 15, 1967.
Hon John P. Lomenzo,
Secretary of State,
State of New York,
Albany, N.Y.
Dear Mr. Secretary: Pursuant to the requirements of law, I
hereby give you notice that I am resigning as a Member of the
United States House of Representatives for the 13th District of New
York effective the first day of January 1968 on which date, I will
assume the office of Justice of the Supreme Court of the State of
New York to which position I was elected on November 7, 1967.
Sincerely yours,
Abraham J. Multer.
-------------------RESIGNATION AS
MEMBER OF THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following communication,
which was read:
Congress of the United States,
House of Representatives,
Washington, D.C., January, 1, 1968.
Hon. John W. McCormack,
Speaker of the House of Representatives, U.S. Congress,
Washington, D.C.
Dear Mr. Speaker: Attached is a copy of a letter this day
forwarded to Honorable Paul B. Johnson, Governor of the State of
Mississippi, tendering my resignation as a Member of the United
States House of Representatives effective on my taking the oath of
office as Governor of Mississippi on January 16, 1968.
Mr. Speaker, I came to the Congress believing it to be the
greatest deliberative body on earth. After twenty-one years, I will
leave the Congress even more secure in that belief.
I cherish the many friendships I have made here; and I take
this means through you to express profound appreciation to my
colleagues for their friendships and courtesies throughout the
years.
My service in this body has brought satisfaction in
accomplishment, disappointment in defeat, heartache in frustration,
and joy in triumph. In all,
[[Page 367]]
Mr. Speaker, these have been the most interesting and rewarding
years of my life. I will always be thankful for the privilege of
having been a part of this great institution.
As I leave the Congress to assume a public position of greater
responsibility, I seek the prayers and good will of you and my
colleagues as we strive in common purpose to build a greater and
finer Republic.
With sincere best wishes, I am,
Respectfully,
John Bell Williams.
Congress of the United States,
House of Representatives,
Washington, D.C., January 1, 1968.
Hon. Paul B. Johnson,
Governor,
State of Mississippi,
Jackson, Miss.
Dear Governor Johnson: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Third District of Mississippi, to become
effective on January 16, 1968, on my taking the oath of office as
Governor of the State Of Mississippi.
Respectfully yours,
John Bell Williams.
Sec. 3.7 Election of a new Speaker being the first order of business
when a new Congress convenes (or when the Office of Speaker is
otherwise vacant), the resignation of a Member received during an
adjournment sine die is not laid down before the election of a
Speaker (although the names of resigned Members are stricken from
the roll and are not called to establish a quorum or to elect the
Speaker).
On Jan. 10, 1962,(1) at the convening of the second
session of the 87th Congress, the Clerk, Ralph R. Roberts, called for
nominations for the Office of Speaker. Nominations were made, a vote
taken, and a Speaker elected. The newly elected Speaker(2)
then laid before the House resignations of Members from the House
received during the adjournment sine die between the first and second
sessions of the 87th Congress:
---------------------------------------------------------------------------
1. 108 Cong. Rec. 7, 87th Cong. 2d Sess. The Office of Speaker was
vacant due to the death of Speaker Sam Rayburn (TX) on Nov. 16,
1961, after the adjournment sine die of the first session of
the 87th Congress.
2. John W. McCormack (MA).
---------------------------------------------------------------------------
December 11, 1961.
Office of the Speaker of the House,
House of Representatives,
Washington, D.C.
Dear Sir: On November 8, 1961, I submitted to Gov. Price
Daniels, of Texas, my resignation as Representative from the 13th
Congressional District in the Congress of the United States,
effective December 15, 1961.
[[Page 368]]
Sincerely yours,
Frank Ikard,
Member of Congress.
December 4, 1961.
Hon. John W. McCormack,
Speaker pro tempore,
House of Representatives,
Washington, D.C.
My Dear Mr. Speaker: Please be advised that I have today
transmitted to the Governor of the State of New York, Nelson A.
Rockefeller, my resignation as Representative in the Congress of
the United States from the Sixth Congressional District of New
York, which said resignation is to take effect as of midnight,
December 31, 1961.
With every good wish and kindest and warmest regards, I am,
Sincerely,
Lester Holtzman.
Sec. 3.8 When the Resident Commissioner from Puerto Rico resigns from
the House, the resulting vacancy is filled, pursuant to Federal
law, by appointment by the Governor of the Commonwealth of Puerto
Rico, subject to confirmation by the Senate of the Commonwealth of
Puerto Rico.
On Mar. 4, 1992,(1) the Speaker laid before the House a
letter from the Resident Commissioner to the United States from Puerto
Rico, giving notice of his resignation, and a letter from the Governor
announcing the appointment by the Governor of a new Resident
Commissioner.(2)
---------------------------------------------------------------------------
1. 138 Cong. Rec. 4386, 102d Cong. 2d Sess.
2. Appointment (rather than special election) to fill a vacancy in the
position of Resident Commissioner is provided for by law
(Sec. 36 of Act of Mar. 2, 1917; 48 USC Sec. 892).
---------------------------------------------------------------------------
Members representing the New York City areas of Harlem and the
Bronx were invited by the Speaker to escort the newly appointed
Resident Commissioner to the well to be sworn in.
The letter from the Governor of Puerto Rico and the swearing in of
the new Resident Commissioner were as follows:
Commonwealth of Puerto Rico,
Office of the Governor,
San Juan, PR, February 21, 1992.
Hon.Thomas S. Foley,
Speaker, U.S. House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: I have officially appointed Mr. Antonio J.
Colorado to fill the vacancy that will ensue on March 4, 1992, from
the resignation of Jaime B. Fuster as Resident Commissioner of the
Commonwealth of Puerto Rico in the United States House of
Representatives. The Senate of the Commonwealth of Puerto Rico has
confirmed Mr. Colorado's appointment, as required by Section 36 of
the 1950 Puerto Rican Federal Relations Act, 48 USC Sec. 745.
With my best personal regards, I am
[[Page 369]]
Sincerely yours,
Rafael Hernandez
Colon. -------------------
SWEARING IN OF THE HONORABLE ANTONIO J. COLORADO OF PUERTO RICO
AS A MEMBER OF THE HOUSE
The SPEAKER. Will the gentleman from New York [Mr. Rangel] and
the gentleman from New York [Mr. Serrano] come forward to escort
the Resident Commissioner of Puerto Rico elect, the Honorable
Antonio J. Colorado, to the well to receive the oath of office?
Mr. COLORADO appeared at the bar of the House and took the oath
of office administered by the Speaker as follows:
Do you solemnly swear to support and defend the
Constitution of the United States against all enemies, foreign
and domestic; that you will bear true faith and allegiance to
the same; that you take this obligation freely, without any
mental reservation or purpose of evasion, and that you will
well and faithfully discharge the duties of the office on which
you are about to enter. So help you God.
The SPEAKER. Congratulations, you are a Member of the House of
Representatives.
Sec. 3.9 State law may require that the State executive authority to
whom a Member's resignation is to be submitted is the State
secretary of State rather than the Governor.
By letter to the Secretary of State of New York dated Nov. 7,
1997,(1) Rep. Floyd H. Flake resigned as a Member effective
Nov. 16, 1997. (On Oct. 9, 1997,(2) Mr. Flake had withdrawn
an earlier putative resignation by letter to the Governor of New York
dated Aug. 1, 1997, which proposed to be effective on Oct. 15, 1997,
and which had been laid before the House on Sept. 3,
1997.(3) State law required that a resignation be submitted
to the State secretary of State, not the Governor.)
---------------------------------------------------------------------------
1. See 143 Cong. Rec. 26709, 105th Cong. 1st Sess. See Sec. 5.1,
infra.
2. Id. at p. 22020.
3. Id. at p. 17526.
---------------------------------------------------------------------------
The letters appear in the Congressional Record as follows:
House of Representatives,
Washington, DC, August 4, 1997.
Hon. Newt Gingrich,
Speaker of the House, The Capitol, H-232,
Washington, DC.
Dear Mr. Speaker: This missive comes as an official
announcement of my resignation from the U.S. House of
Representatives, effective October 15, 1997.
My duties and responsibilities as pastor of the Allen A.M.E.
Church in Jamaica, New York, has grown to such a level that I am
needed there on a more consistent basis. I have enjoyed the
opportunities that you have given me to converse with you regarding
my ideas for community, education, and economic development. I hope
that my leaving does not preclude our ability
[[Page 370]]
to, in some way, continue these discussions in the future.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
House of Representatives,
Washington, DC, August 1, 1997.
Hon. George E. Pataki,
State of New York,
Office of the Governor, Albany, NY
Dear Governor Pataki. This missive comes as an official
announcement of my resignation from the U.S. House of
Representatives, effective October 15, 1997.
My duties and responsibilities as pastor of Allen A.M.E. Church
have grown to a level which necessitates my presence on a more
consistent basis.
I have called your office, and hope to be able to speak with
you in the near future.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress. . . .
Congress of the United States,
House of Representatives
Washington, DC, October 8, 1997.
Hon. Alexander Treadwell,
Secretary of State,
Albany, NY.
Dear Secretary Treadwell: After considering the needs of my
constituents and the short time remaining in this session, I intend
to remain in Congress at least until our legislative business is
completed.
I have reviewed section 31 of the Public Officers law, and I
understand that my retirement announcement to the Governor on
August 4, 1997 was an erroneous interpretation of the statutory
requirements for resignations. Therefore, it is also my belief
that, according to section 31, any record of my resignation is not
effective since I have never directly notified your office of my
plans. I will, however, inform you of my plans at the appropriate
time, which in this case will be no more than thirty days prior to
my resignation.
If there are any questions regarding my plans, please feel free
to contact me, or Sean Peterson, my Chief of Staff.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
House of Representatives,
Washington, DC, November 7, 1997.
Hon. Alexander Treadwell,
Secretary of State,
Albany, NY.
Dear Secretary Treadwell: Pursuant to section 31 of the Public
Officers law, I hereby inform you that I am resigning from the
United States House of Representatives. My resignation will become
effective at midnight on November 16, 1997.
As you and the citizens of New York are well aware, I am
returning to my pastorate at the Allen A.M.E. church in Jamaica,
Queens. Although I have been called back to Allen to devote my
energy and full-time attention to its congregation, I am proud of
my service in Congress. It has been my distinct privilege to
represent the people of the 6th Congressional District of New York,
and an honor to serve the people of the United States of America.
[[Page 371]]
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
On Jan. 6, 1960,(4) the resignation of a Member,
indicating that the Secretary of State of the State of New York had
been notified, was laid before the House:
4. 106 Cong. Rec. 5, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
December 31, 1959.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the secretary of state, State of New York, my
resignation as Representative in the Congress of the United States
from the 23d District of New York.
Sincerely yours,
Isidore Dollinger.
Mr. Louis B. Heller, of New York, submitted his resignation to the
Governor of New York on July 21, 1954; at the same time he tendered his
resignation to the House, and these resignations were laid before the
House on July 23, 1954, as follows: (5)
---------------------------------------------------------------------------
5. 100 Cong. Rec. 11756, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Brooklyn, N. Y., July 21, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker, House of Representatives, Washington, D.C.
Dear Mr. Speaker: I herewith submit my resignation as a
Representative of the 83d Congress from the Eighth Congressional
District of New York to take effect on the 21st day of July 1954.
I have the honor to enclose a copy of a letter addressed to the
Hon. Thomas E. Dewey, Governor of New York, notifying him of said
resignation.
I have the honor to be, respectfully,
Louis B. Heller,
Member of Congress,
Eighth District, New York.
Subsequently, Mr. Heller submitted to the Speaker another letter
which, on July 29, 1954,(6) was laid before the House. In
it, Mr. Heller explained that he had been advised that his resignation
was required to be transmitted to the Secretary of State of the State
of New York instead of the Governor.
---------------------------------------------------------------------------
6. Id. at p. 12628.
---------------------------------------------------------------------------
July 28, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I enclose herewith copy of a letter which I
have this day addressed to the Honorable Thomas J. Curran,
Secretary of the State of New York, notifying him of my resignation
as a Member of Congress from the Eighth Congressional District, New
York, which took effect on July 21, 1954.
In my communication to you of July 21, 1954, I enclosed a copy
of a letter
[[Page 372]]
addressed to Governor Dewey. Apparently, notice of my resignation
is required to be transmitted to the Secretary of the State of New
York (election law, State of New York, sec. 297), hence the
enclosed.
With kindest regards, I am
Sincerely,
Louis B. Heller.(7)
---------------------------------------------------------------------------
7. See also Sec. 5.10, infra, noting that the resignation of Mr. James
F. Battin (MT), was tendered to both the Governor and the
Secretary of State.
---------------------------------------------------------------------------
Sec. 3.10 There have been instances in which a Member's resignation
from the House has been accepted by the Governor of the Member's
State even though State law contemplated submission of such a
resignation to the State Secretary of State.
On Jan. 3, 1956,(1) the Speaker laid before the House a
copy of a communication from a Member from the State of New York that
the Member had submitted to the Governor of that State and in which the
Member tendered to the Governor (and not to the State Secretary of
State, as specified in State law) his resignation as a Member of the
House.
---------------------------------------------------------------------------
1. 102 Cong. Rec. 4, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D. C., December 21, 1955.
His Excellency Averell Harriman,
Governor of the State of New York,
The Executive Chamber, Capitol,
Albany, N. Y.
Sir: I hereby tender to you my resignation as a Member of the
House of Representatives in the Congress of the United States from
the 22d District of New York, effective midnight, Monday, January
2, 1956.
Respectfully yours,
Sidney A. Fine,
Member of Congress.
Similarly, on Jan 5, 1955,(2) sundry resignations were
laid before the House. Among them was a letter from a Member from the
State of New York stating that he had transmitted to the Governor of
New York his resignation as a Member of the House.
---------------------------------------------------------------------------
2. 101 Cong. Rec. 11, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
New York, N. Y., December 31, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker of the House of Representatives,
Washington, D.C.
Sir: I beg leave to inform you that I have this day transmitted
to His Excellency Thomas E. Dewey, Governor of the State of New
York, my resignation as a Representative in the Congress of the
United States from the 21st Congressional District of New York.
Respectfully,
J. K. Javits.
Parliamentarian's Note: Mr. Javits also submitted his resignation
to the Secretary of State of
[[Page 373]]
the State of New York, as required by State law.(3)
---------------------------------------------------------------------------
3. See Sec. 3.9, supra.
---------------------------------------------------------------------------
[Page 373-401]
CHAPTER 37
Resignations
B. Resignation of a Member From the House
Sec. 4. Reason for Resignation; Inclusion in Letter of Resignation
When a Member resigns as a Representative, the basis of, or reasons
for, the Member's resignation may or may not be included in the
Member's letter of resignation. In recent years, the general practice
has been for a Member resigning from the House to include in the
Member's letter of resignation the reasons for the Member's termination
of service in the House.
Among the reasons for which Members have resigned have been to
serve in the Armed Forces,(1) to accept an appointment as a
cabinet secretary or in another Executive branch
position,(2) to assume office as a Member of the
Senate,(3) to accept an appointment as a member of the
United States delegation to the United Nations,(4) or as an
ambassador to another nation,(5) to assume office as a State
Governor or city Mayor,(6) to accept an appointment as a
Federal(7) or State(8) judge, to create a vacancy
and run for the vacant seat, in the case of a change in party
affiliation (9) or a contested election,(10) to
serve a jail sentence on conviction of a crime,(11) and, in
the case of a Senator, to create a vacancy to be filled by appointment
by a State Governor.(12)
---------------------------------------------------------------------------
1. See Sec. 4.1, infra.
2. See Sec. 4.2, infra.
3. See Sec. Sec. 4.3, 4.4, infra.
4. See Sec. 4.5, infra.
5. See Sec. 4.6, infra.
6. See Sec. 4.7, infra.
7. See Sec. 4.8, infra.
8. See Sec. 4.9, infra.
9. See Sec. 4.10, infra.
10. See Sec. 4.11, infra.
11. See Sec. 4.12, infra.
12. See Sec. Sec. 4.13, 4.14,
infra. -------------------
---------------------------------------------------------------------------
Service in the Armed Forces
Sec. 4.1 A Member resigned, stating in his letter to the Speaker his
intention to serve in the Armed Forces.
On Nov. 14, 1944,(1) Speaker Sam Rayburn, of Texas, laid
before the House a letter from a Member stating that he had submitted
to the Governor of his State his resignation as a Member of the House
and that the reason for the resignation was to serve in the Armed
Forces.
---------------------------------------------------------------------------
1. 90 Cong. Rec. 8163, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
October 19, 1944.
[[Page 374]]
Hon. Sam Rayburn,
Speaker of the House,
Congress of the United States,
Washington, D. C.
My Dear Mr. Speaker: Effective this date, I have submitted to
the Honorable Spessard L. Holland, Governor of Florida, my
resignation as a Member of the Seventy-eighth Congress from the
Third District of Florida.
I take this step in order to serve in the armed forces of my
country.
With personal regards, and with genuine appreciation for the
uniform cooperation and splendid leadership which you have given
me, I am,
Sincerely,
Bob Sikes.
Service in the Executive Branch
Sec. 4.2 Members have resigned their seats in the House to serve in
Executive branch positions.
On Sept. 2, 2005,(1) the Speaker pro
tempore(2) laid before the House a letter from a Member
advising of his resignation. The letter was accompanied by a copy of
the actual letter of resignation that the Member submitted to the State
official concerned. The proceedings were as follows:
---------------------------------------------------------------------------
1. 151 Cong. Rec. 19424, 109th Cong. 1st Sess.
2. Tom DeLay (TX).
---------------------------------------------------------------------------
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore laid before the House the following
resignation from the House of Representatives:
Congress of the United States,
House of Representatives,
Washington, DC, July 29, 2005.
Hon. J. Dennis Hastert,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: Today, the U.S. Senate voted to confirm me
for the position of Chairman of the Securities and Exchange
Commission. As a result, I must submit to you herewith my
resignation as a Member of the U.S. House of Representatives,
effective as of 6 p.m. pdt on Tuesday, August 2, 2005. I have also
written to Governor Schwarzenegger to advise him of my resignation.
Mr. Speaker, even more significant than the privilege of
serving for 17 years in the House of Representatives has been the
opportunity to serve with you in the elected Majority Leadership
for the last 10 years. Thank you, again, for your friendship, your
courage under fire, your wisdom, and your sterling example over so
many years.
I very much look forward to continuing to work with you and
serving the Nation in my new position.
Sincerely,
Christopher Cox,
U.S. Representative.
Congress of the United States,
House of Representatives,
Washington, DC, July 29, 2005.
Hon. Arnold Schwarzenegger,
Governor, State of California, State Capitol Building, Sacramento,
CA.
Dear Governor Schwarzenegger: Today, I have been confirmed by
the U.S. Senate for the position of Chairman of the Securities and
Exchange Commission.
[[Page 375]]
Accordingly, I am writing to inform you that, effective as of 6
p.m. pdt on Tuesday, August 2, 2005, I will resign my seat as the
Representative of the 48th District of California in the U.S. House
of Representatives. I have also written to House Speaker Hastert to
inform him of the timing of my resignation.
For the past 17 years, I have had the great privilege and honor
of representing the people of Orange County, California in the
House of Representatives. My service in the Congress has been a
truly rewarding experience, and I am grateful to Orange County's
citizens for putting their trust and faith in me. As a member of
the elected Majority Leadership and Chairman of three House
committees, I have been especially privileged to have had the
opportunity to work closely with you and our other elected
California leaders on so many shared priorities.
Thank you, again, for your friendship and support. I look
forward to continuing to work with you, and to serve California and
the Nation in my new position.
Sincerely,
Christopher Cox,
U.S. Representative.
On May 2, 2005,(3) the Speaker pro tempore(4)
laid before the House a letter of resignation from a Member,
accompanied by a copy of the letter of resignation that the Member
submitted to the State official concerned:
---------------------------------------------------------------------------
3. 151 Cong. Rec. 8388, 109th Cong. 1st Sess.
4. Tim Murphy (PA).
---------------------------------------------------------------------------
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore laid before the House the following
resignation from the House of Representatives:(5)
---------------------------------------------------------------------------
5. Parliamentarian's Note: Representative Portman resigned to become
the United States Trade Representative.
Congress of the United States,
Washington, DC, April 29, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Dear Mr. Speaker: I have been nominated by President Bush and
confirmed by the United States Senate for the position of United
States Trade Representative. Therefore, I have submitted my
resignation as a Member of the U.S. House of Representatives,
effective 12 noon, April 29, 2005. I am forwarding to you a copy of
my letter of resignation to Ohio Governor Bob Taft.
Mr. Speaker, it has been a high honor to represent the Second
Congressional District of Ohio for the past twelve years, and to
serve with the distinguished men and women of the House of
Representatives. I look forward to working with the Members of the
House and serving the Nation in my new position.
Sincerely,
Rob Portman,
Representative.
Congress of the United States,
Washington, DC, April 29, 2005.
Hon. Robert Taft,
Governor, State of Ohio,
Columbus, Ohio.
Dear Governor Taft: I have been nominated by President Bush and
confirmed by the United States Senate for the position of United
States Trade
[[Page 376]]
Representative. Therefore, I hereby resign as a Member of the U.S.
House of Representatives, effective 12 noon, April 29, 2005.
It has been a honor to represent the Second Congressional
District of Ohio for the past twelve years, and an honor to work
with you and the Ohio delegation. I look forward to working with
you and serving Ohio and the Nation in my new position.
Sincerely,
Rob Portman,
Representative.
On Sept. 5, 2001,(6) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
Aug. 6, 2001, to become the Administrator of the Drug Enforcement
Agency.
---------------------------------------------------------------------------
6. 147 Cong. Rec. 16381, 107th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, August 3, 2001.
Speaker J. Dennis Hastert,
The U.S. House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: As a result of my nomination by President
George W. Bush and my subsequent confirmation by the U.S. Senate to
serve as Administrator of the Drug Enforcement Administration, I
hereby resign from the U.S. House of Representatives. This
resignation is to be effective at 2400 hours on Monday, August 6,
2001.
Enclosed you will find a copy of my letter to Governor Mike
Huckabee of Arkansas stating the same.
Sincerely,
Asa Hutchinson.
House of Representatives
Washington, DC, August 3, 2001.
Governor Mike Huckabee,
State Capitol Building,
Little Rock, AR.
Dear Governor Huckabee: Please accept this letter as notice
that my resignation from the U.S. House of Representatives shall be
effective at the 2400 hours on Monday, August 6, 2001.
Sincerely,
Asa Hutchinson.
On Jan. 25, 1993,(7) the Speaker laid before the House a
communication from a Member resigning his seat in the House to become
the Secretary of Agriculture.
7. 139 Cong. Rec. 1092, 103d Cong. 1st Sess.
---------------------------------------------------------------------------
January 22, 1993.
Hon. Thomas Foley,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: It has been a pleasure and honor for me to
serve in the U.S. House of Representatives. As you know, I have
resigned today to serve in the President's Cabinet as Secretary of
Agriculture. I hope to continue to work with you in my new position
and I thank you for your leadership through the years.
Please find enclosed my resignation letter to Mississippi
Governor Kirk Fordice. As I have written to Governor Fordice, I
have accepted my new position with enthusiasm but also with a
[[Page 377]]
sense of tremendous gratitude and humility for the trust and
confidence that the voters of my district have placed in me over
the years. In the many votes I have cast and the many actions I
have taken on their behalf, I have always tried to reflect credit
on the 2nd Congressional District and on the great State of
Mississippi.
It has been the ultimate honor for me to be a part of our
country's history by serving in the U.S. House of Representatives.
I look forward to continuing to serve my country in my new position
and working with you and my former colleagues in Congress.
Sincerely,
Mike Espy,
Secretary of Agriculture.
House of Representatives
Washington, DC, January 21, 1993.
Hon. Kirk Fordice,
Governor of Mississippi, State Capitol, Jackson, MS.
Dear Governor Fordice: For the past six years, I have had the
privilege of representing the people of the 2nd Congressional
District in the Congress of the United States. In the many votes I
have cast and the many actions I have taken on their behalf, I have
always tried to reflect credit on the 2nd Congressional District
and on our great State of Mississippi.
As you are aware, I recently have been nominated by the
President of the United States and confirmed by the United States
Senate to serve in the President's Cabinet as Secretary of
Agriculture. As such, I am requesting and do hereby submit my
resignation as United States Congressman effective upon my taking
the oath of office on Friday, January 22, 1993, at approximately 10
a.m. EST.
Although I have accepted the new position with enthusiasm, I
leave my House seat with a sense of tremendous gratitude and
humility for the trust and confidence that the voters of my
district have placed in me over the years.
I assure you and the citizens of Mississippi that I will
continue to be an advocate and strong ally for all legitimate needs
of the people of Mississippi.
Sincerely,
Mike Espy,
Member of Congress,
Secretary of Agriculture-Designate.
Also on that date,(8) the Speaker laid before the House
a communication from a Member resigning his seat in the House to become
the Director of the Office of Management and Budget.
8. Id.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, January 21, 1993.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Attached is the letter I have sent to the
Governor of California notifying him of my resignation from the
U.S. House of Representatives effective 6 p.m. today.
Sincerely,
Leon E. Panetta,
Member of Congress.
House of Representatives,
Washington, DC, January 21, 1993.
[[Page 378]]
Gov. Pete Wilson,
State Capitol, Sacramento, CA.
Dear Governor: Having been nominated by the President, and
confirmed by the Senate, as the Director of the Office of
Management and Budget, I resign as U.S. Representative of the 17th
Congressional District of California effective 6:00 p.m. today.
Sincerely,
Leon E. Panetta,
Member of Congress.
On Jan. 21, 1993,(9) the Speaker laid before the House a
communication from a Member resigning his seat in the House to become
the Secretary of Defense.
9. 139 Cong. Rec. 423, 103d Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, January 20, 1993.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: For the past 22 years I have had the great
honor and privilege of serving the people of Wisconsin as a Member
of the U.S. House of Representatives.
On December 22, 1992, President-elect Clinton asked me to
become his nominee as Secretary of Defense. Since the Senate has
now confirmed my nomination I will be assuming office later today.
Accordingly, I hereby notify you that I have resigned as a
Member of the House of Representatives from the State of Wisconsin
to assume the office of Secretary of Defense. Enclosed is a copy of
my letter of resignation to Governor Tommy G. Thompson.
I shall always be grateful for the opportunity to serve with
you and my colleagues in the House. I look forward to working with
you in my new position as Secretary of Defense.
Sincerely,
Les Aspin.
On Jan. 24, 1977,(10) the Speaker laid before the House
a communication from a Member resigning his seat in the House to become
the Secretary of Agriculture.
---------------------------------------------------------------------------
10. 123 Cong. Rec. 1907, 95th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
January 19, 1977.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House,
House of Representatives.
Dear Mr. Speaker: This is to inform you that I have today
submitted my letter of resignation as Congressman from the 7th
District, State of Minnesota, effective Saturday midnight, January
22, 1977, to the Honorable Rudy Perpich, Governor of the State of
Minnesota. A copy of this letter is enclosed.
Thank you.
Sincerely,
Bob Bergland
Washington, D.C.,
January 19, 1977.
Hon. Rudy Perpich,
The Governor, State Capitol, St. Paul, Minn.
[[Page 379]]
Dear Governor Perpich: I hereby resign as Congressman from the
7th District, State of Minnesota, effective Saturday midnight,
January 22, 1977.
I am sure you know what a privilege and a pleasure it has been
for me to serve the State of Minnesota in my several terms in
Congress. It is only because of the opportunity to serve directly
in the Cabinet of President Carter, that my resignation occurs.
Thank you.
Yours truly,
Bob Bergland.
On that same day,(11) the Speaker laid before the House
a communication from a Member resigning his seat in the House to become
the Secretary of Transportation.
---------------------------------------------------------------------------
11. Id.
---------------------------------------------------------------------------
Washington, D.C.,
January 17, 1977.
Hon. Thomas P. O'Neill, Jr.,
Speaker, House of Representatives, Washington, D.C.
Dear Mr. Speaker: I hereby inform you that I have transmitted
to the Governor of the State of Washington my resignation as a
Representative in the Congress of the United States from the
Seventh District of Washington, and am by this letter confirming to
you my resignation as a Member of Congress from the State of
Washington.
The years I have spent in the House of Representatives will
always remain in my memory as some of the happiest of my life. As I
leave, I want to extend to you and my colleagues in the House every
good wish for the future.
I look forward to working with you as the 95th Congress begins.
Very truly yours,
Brock Adams,
Member of Congress.
Washington, D.C.,
January 17, 1977.
Hon. Dixy Lee Ray,
Governor, State of Washington, Olympia, Wash.
Dear Governor Ray: I hereby resign my office as Representative
in the Congress of the United States from the Seventh District of
Washington, said resignation to take effect on January 22, 1977.
Very truly yours,
Brock Adams,
Member of Congress.
Service in the Senate
Sec. 4.3 Having been elected to the Senate, a Member of the House
advised the Speaker that he had tendered his resignation from the
House to the Governor of his State.
On Jan. 7, 1997,(1) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
Nov. 27, 1996, to assume the Senate seat to which he had been elected.
---------------------------------------------------------------------------
1. 143 Cong. Rec. 188, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, November 26, 1996.
[[Page 380]]
Hon. Newt Gingrich,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Newt: Attached please find a copy of the letter I have
sent to Kansas Governor Bill Graves informing him that I am
resigning from the House of Representatives effective at 12:00 p.m.
central time on Wednesday, November 27th, 1996.
It has been an honor and a privilege to serve with you in the
House of Representatives. We enacted reforms during the 104th
Congress that has moved this country in the right direction. I look
forward to continuing to work with you to balance the federal
budget, reduce the size, scope, and intrusiveness of the federal
government, and restore the American Dream.
Sincerely,
Sam Brownback,
Member of Congress.
Congress of the United States,
House of Representatives,
Washington, DC, November 25, 1996.
Gov. Bill Graves,
State Capitol, Topeka, KS.
Dear Governor Graves: For the past two years, it has been my
privilege to serve the people of Kansas' Second District as their
elected Representative in the U.S. Congress. It has been an
eventful tenure.
These are remarkable times, and public servants have a
tremendous opportunity and responsibility for making America a
better place.
There is much work to be done, and the people rightly expect
that we will begin it in earnest. Toward that end, I am scheduled
to be sworn in as a U.S. Senator for Kansas at 2:00 p.m. central
time, Wednesday, November 27, 1996. Accordingly, I am resigning my
seat in the U.S. House of Representatives effective at 12:00 p.m.
central time, Wednesday, November 27, 1996.
The work of renewing America is unfinished. I see cause for
great hope as I believe we are now clearly focused on those very
problems which most confound us. There has never been a challenge
which the American nation recognized clearly and approached
resolutely which we did not overcome. We have cause for great
Thanksgiving.
Sincerely,
Sam Brownback.
On Feb. 6, 1996,(2) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
Feb. 5, 1996, to assume the Senate seat to which he had been elected.
---------------------------------------------------------------------------
2. 142 Cong. Rec. 2336, 2337, 104th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, February 4, 1996.
Hon. John Kitzhaber,
Governor of Oregon,
Salem, OR.
Dear Governor Kitzhaber: On January 30, 1966, the citizens of
Oregon elected me to the U.S. Senate to fill the unexpired term of
former Senator Bob Packwood. I am deeply honored to have the
opportunity to serve our State in the U.S. Senate, and plan
[[Page 381]]
to begin performing those duties on February 5, 1996.
It is my understanding that Oregon's Secretary of State has
certified the election and has already transmitted the original
documentation of my election to the Secretary of the U.S. Senate.
Based on this understanding, I will resign my House seat
representing Oregon's Third Congressional District effective at
8:00 a.m. (E.S.T.), February 5, 1996.
It is with great anticipation that I look forward to working
with you in the days to come on a range of issues affecting our
state.
Sincerely,
Ron Wyden.
On Nov. 29, 1994,(3) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
Nov. 15, 1994, to assume the Senate seat to which he had been elected.
---------------------------------------------------------------------------
3. 140 Cong. Rec. 29585, 103d Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, November 15, 1994.
Hon. Tom Foley,
Speaker of the House, House of Representatives, Washington,
D.C.
Dear Mr. Speaker: Attached is the letter I have sent to the
Honorable David L. Walters, Governor of the State of Oklahoma,
notifying him of my resignation from the House of Representatives
effective today, November 15, 1994 at twelve midnight.
Sincerely,
James M. Inhofe,
Member of Congress.
Enclosure: letter.
House of Representatives,
Washington, DC, November 15, 1994.
Hon. David Walters,
Governor, State of Oklahoma,
Oklahoma City, OK.
Dear Governor Walters: Pursuant to the November 8, 1994 special
election, at which time I was elected to serve the vacancy in the
United States Senate created by the resignation of Senator David L.
Boren, I hereby submit to you my letter of resignation effective
twelve midnight, today, November 15, 1994.
Sincerely,
James M. Inhofe,
Member of Congress.
On Jan. 3, 1989,(4) the Clerk(5) laid before
the House a communication from a Member-elect resigning his seat in the
House effective immediately after the commencement of the 101st
Congress in order to assume the Senate seat to which he had been
appointed.
---------------------------------------------------------------------------
4. 135 Cong. Rec. 67, 101st Cong. 1st Sess.
5. Donnald K. Anderson (CA).
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, December 29, 1988.
Hon. Jim Wright,
Speaker of the House,
Washington, DC.
[[Page 382]]
Dear Mr. Speaker: Enclosed for your information and review is
my official letter of resignation which will become effective
January 3, 1989.
I would like to take this opportunity to thank you for your
cooperation while I have represented the citizens of the Fourth
Congressional District of Indiana for the past eight years.
Although I will miss working with you in the House, I look forward
to continue working together as a Member of the Senate.
Sincerely,
Dan Coats,
Member of Congress.
House of Representatives,
Washington, DC, December 27, 1988.
Hon. Robert D. Orr,
Governor, Office of the Governor, State House, Indianapolis,
IN.
Dear Governor Orr: For the past eight years, I have had the
very distinct pleasure of representing the citizens of the Fourth
Congressional District of Indiana in the United States House of
Representatives. I was honored by my election to a fifth term in
the House, and I could think of few things which would keep me from
serving in my elected position.
However, your decision to offer me the chance to serve the
entire State of Indiana as its Senator-designate requires me to
submit to you my resignation from the House of Representatives.
This extraordinary opportunity is one that will allow me to
continue serving the people of the Fourth Congressional District as
well as the rest of the state.
Therefore, I hereby ask you to accept my resignation as the
Representative for the Fourth District of Indiana, effective
January 3, 1989, so I may accept the appointment as Indiana's
newest Senator.
Sincerely,
Dan Coats,
Member of Congress.
House of Representatives,
Washington, DC, December 30, 1988.
Hon. Donnald K. Anderson,
Clerk, House of Representatives,
Capitol Building, Washington, DC.
Dear Sir: Please find enclosed a copy of the resignation letter
dated December 22, 1988, that I have submitted to Indiana Governor
Robert Orr.
The enclosed letter to Governor Orr should be understood to
mean that I am resigning from the House of Representatives as a
Member of the 101st Congress immediately after 12:00 noon on
January 3, 1989, so I may be sworn in as a Senator representing the
State of Indiana on the aforementioned date.
Sincerely,
Dan Coats,
Member of Congress.
Parliamentarian's Note: Mr. Coats was elected in November 1988 as a
Representative in the 101st Congress, commencing Jan. 3, 1989. He took
the oath of office but never served, his resignation being effective
immediately thereafter. He was sworn later that day as a Senator to
fill the vacancy resulting from the resignation from the Senate of J.
Danforth Quayle, effective Jan. 3, 1989, in anticipation of being sworn
as Vice President on Jan. 20, 1989.
[[Page 383]]
On Jan. 4, 1965,(6) the Speaker laid before the House
the following communications:
---------------------------------------------------------------------------
6. 111 Cong. Rec. 25, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Nashville, Tenn.,
November 4, 1964.
Hon. John McCormack,
The Speaker, U.S. House of Representatives,
Washington, D.C.:
This is to advise that I have submitted my resignation as a
Member of the U.S. House of Representatives from the Sixth
Congressional District of Tennessee to the Honorable Frank Clement,
Governor of Tennessee. This resignation was necessary in order to
assume my duties of a Member of the U.S. Senate from Tennessee to
which office I have been duly elected. Said resignation is
effective at the close of business November 3, 1964.
Ross Bass.
Nashville, Tenn.,
November 4, 1964.
Hon. John W. McCormack,
The Speaker, House of Representatives,
Washington, D.C.:
This is to advise that I have received the resignation of the
Honorable Ross Bass as a Member of the House of Representatives of
the Sixth Congressional District of Tennessee, effective at the
close of business November 3, 1964.
Frank G. Clement,
Governor of Tennessee.
Congress of the United States,
House of Representatives,
Washington, D.C.,
November 4, 1964.
Hon. John W. McCormack,
Speaker of the House,
House of Representatives,
Washington, D.C.:
My Dear Mr. Speaker: I have today submitted my resignation as
U.S. Representative to the Governor, Jack M. Campbell, of New
Mexico, as follows:
``I wish to submit to you my resignation as U.S. Representative
in the Congress from the State of New Mexico, effective midnight,
November 3, 1964.
``This is done in view of my election to the U.S. Senate and
for the purpose of securing seniority privileges in the Senate
which is of paramount importance to our State.''
Sincerely,
Joseph M. Montoya,
U.S. Senator
Sec. 4.4 A Member resigned from the House to accept an interim
appointment as a Member of the Senate.
On Jan. 31, 2006,(1) the Speaker(2) laid
before the House a letter from a Member advising of his resignation,
accompanied by a copy of the actual letter of resignation that the
Member submitted to the State official concerned. The proceedings were
as follows:
---------------------------------------------------------------------------
1. 152 Cong. Rec. 400, 109th Cong. 2d Sess.
2. J. Dennis Hastert (IL).
---------------------------------------------------------------------------
[[Page 384]]
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following resignation
from the House of Representatives:
Congress of the United States,
House of Representatives,
Washington, DC, January 16, 2006.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Mr. Speaker: For the past thirteen years I have had the great
honor and privilege of serving the people of New Jersey as a Member
of the United States House of Representatives.
As Governor Jon S. Corzine of New Jersey has told me his
intention to appoint me to fulfill the remainder of his term in the
United States Senate upon his inauguration as Governor, I submit my
resignation as a Member from the House of Representatives,
effective close of business on Monday, January 16, 2006.
I accept my new position with enthusiasm but also a sense of
gratitude for the trust and confidence the voters of the Thirteenth
Congressional District have placed in me over the years. I have
always tried to reflect credit on the District, the great state of
New Jersey, and this body. It has been a distinct pleasure to work
and serve with many good friends and colleagues in the House of
Representatives.
I look forward to continuing my service to the people of the
State of New Jersey through my service as a Member of the United
States Senate.
Sincerely,
Robert Menendez,
Member of Congress. -------------------
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. Under clause 5(d) of rule XX,(3) the
Chair announces to the House that, in light of the resignation of
the gentleman from New Jersey (Mr. Menendez), the whole number of
the House is adjusted to 433.
---------------------------------------------------------------------------
3. House Rules and Manual Sec. 1024b (2007).
---------------------------------------------------------------------------
On May 16, 1966,(4) the Speaker laid before the House
the communication below from Mr. Robert P. Griffin, of Michigan. Mr.
Griffin had resigned from the House to accept an appointment to the
Senate to fill the vacancy caused by the death of Senator Patrick V.
McNamara.
---------------------------------------------------------------------------
4. 112 Cong. Rec. 10526, 89th Cong. 2d Sess.
Congress of the United States,
House of Representatives,
Washington, D.C., May 11, 1966.
Hon. John W. McCormack,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I have the duty to inform you that I have
transmitted to the Honorable George Romney, Governor of Michigan,
my resignation as a Representative in the Congress of the United
States from the Ninth District of Michigan, effective at the close
of business, May 10, 1966.
I leave the House of Representatives to assume the office of
U.S. Senator from Michigan.
With kind personal regards, I am
[[Page 385]]
Sincerely yours,
Robert P. Griffin.
Congress of the United States,
House of Representatives,
Washington, D.C., May 11, 1966.
Hon. George Romney,
Governor of Michigan,
Lansing, Mich.
Dear Governor Romney: I hereby resign my office as
Representative in the Congress of the United States from the Ninth
District of Michigan, effective at the close of business, May 10,
1966.
With kind personal regards, I am
Sincerely yours,
Robert P. Griffin.
Appointment in the United States Diplomatic Service
Sec. 4.5 A Member resigned from the House to accept an appointment as a
member of the United States delegation to the United Nations.
On Sept. 9, 2002,(1) the Speaker laid before the House a
communication from a Member resigning his seat in the House to become
the United States Representative to the United Nations Agencies for
Food and Agriculture.
---------------------------------------------------------------------------
1. 148 Cong. Rec. 16339, 107th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, September 5, 2002.
Hon. J. Dennis Hastert,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: I have been nominated by President Bush and
confirmed by the Senate to serve as United States Representative to
the United Nations Agencies for Food and Agriculture, with the rank
of Ambassador. Therefore, I have submitted my resignation as Member
of the House of Representatives, effective close of business,
September 9, 2002. I am forwarding to you a copy of my letter of
resignation to Ohio Governor Bob Taft.
I am grateful for the opportunity to serve with the
distinguished men and women of the House of Representatives for the
past twenty-four years. I look forward to working with the Members
of the House as I continue service to the Nation in my new
position.
Sincerely,
Tony P. Hall,
Member of Congress.
On Feb. 13, 1997,(2) Speaker pro tempore Jack Kingston,
of Georgia, laid before the House a communication from a Member
resigning his seat in the House to become the United States Ambassador
to the United Nations.
---------------------------------------------------------------------------
2. 143 Cong. Rec. 2162, 2163, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, February 13, 1997.
Hon. Newt Gingrich,
Capitol, Washington, DC.
Dear Speaker Gingrich: I hereby resign my congressional seat
effective
[[Page 386]]
immediately so that I can assume my post in the President's Cabinet
as Ambassador to the United Nations.
It has been an honor to serve in the United States Congress as
New Mexico's third district representative for the past 14 years. I
have been especially proud to represent the people of New Mexico
whose kindnesses towards me and my family have been equaled only by
the unmatched beauty of the state itself.
Sincerely,
Bill Richardson,
Member of Congress.
Congress of the United States,
House of Representatives,
Washington, DC, February 13, 1997.
Hon. Stephanie Gonzales,
Secretary of State, State Capitol, Santa Fe, NM.
Dear Stephanie: I hereby resign my congressional seat effective
immediately so that I can assume my post in the President's Cabinet
as Ambassador to the United Nations.
It has been an honor to serve in the United States Congress as
New Mexico's third district representative for the past 14 years. I
have been especially proud to represent the people of New Mexico
whose kindnesses towards me and my family have been equaled only by
the unmatched beauty of the state itself.
Sincerely,
Bill Richardson,
Member of Congress.
On Sept. 28, 1965,(3) the Speaker laid before the House
a letter of resignation from a Member resigning from the House to
accept an appointment as a member of the United States Delegation to
the United Nations.
---------------------------------------------------------------------------
3. 111 Cong. Rec. 25342, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
The following communication was read:
Congress of the United States,
House of Representatives,
Washington, D.C., September 28, 1965.
Dear Mr. Speaker: It is with a considerable degree of sadness
that I take this official means of resigning as a Member of the
House of Representatives--a Representative from the 26th District
of California--effective as of noon, Thursday, September 30, 1965.
I hope it is appropriate for me to add that I can sincerely say
I have had the privilege of serving my country not only under the
leadership of the great Speaker, Sam Rayburn, but under your
speakership, which I regard as probably the most effective and
productive sessions in our country's history. You have, in so many
ways, given me your support and friendship that I, of course,
cannot find a way to adequately express my appreciation and
everlasting affectionate respect.
I look forward to my new assignment in a critical area of the
world's history with the hope that I can put to use the lessons I
have learned during my service in the House. So many Members on
both sides of the aisle have made it possible, I hope, for me to
have made some contribution, and I take this last opportunity of
expressing my warmest thanks to each and every one of my
colleagues. I shall hope to visit with you frequently.
With sincere regards and best wishes, as always, I am
[[Page 387]]
Yours sincerely,
James Roosevelt.
Sec. 4.6 A Member resigned from the House to accept an appointment as
the United States ambassador to another nation.
On Nov. 12, 1997,(1) the Speaker pro
tempore(2) resigned his seat in the House to become the
United States Ambassador to Italy. The communication was as follows:
1. 143 Cong. Rec. 26038, 26572, 105th Cong. 1st Sess.
2. Thomas E. Petri (WI).
Congress of the United States,
House of Representatives,
Washington, DC, November 11, 1997.
Hon. Newt Gingrich,
Speaker of the House, Washington, DC.
Dear Mr. Speaker: This letter is to officially notify you of my
resignation as United States Representative to the First District
of Pennsylvania. President Clinton has given me the opportunity to
continue my lifetime of public service by nominating me to be
Ambassador to Italy, the nation of my heritage.
I love this body and leave it with bittersweet emotions--I move
onto exciting new challenges but I leave so many good friends and
colleagues. I feel so strongly about so many of the people I have
served with over the past seventeen years. There is that saying
attributable to Harry Truman that if you want a friend in
Washington, buy a dog. For me, nothing can be further from the
truth. I have made friends here, on both sides of the aisle, who I
will keep and cherish for the rest of my life.
I thank the people of the First District for the opportunity to
serve them, this country and this institution. It has been a great
honor.
Thank you.
Sincerely,
Thomas M. Foglietta. . . .
House of Representatives,
Washington, DC, November 11, 1997.
Hon. Tom Ridge,
Governor, Commonwealth of Pennsylvania,
Harrisburg, PA.
Dear Mr. Governor: This letter is to officially notify you of
my resignation as United States Representative to the First
District of Pennsylvania. President Clinton has given me the
opportunity to continue my lifetime of public service by nominating
me to be Ambassador to Italy, the nation of my heritage.
I thank the people of the First District for the opportunity to
serve them, this country and this institution. It has been a great
honor.
Thank you.
Sincerely,
Thomas M. Foglietta.
Service as Governor or Mayor
Sec. 4.7 A Member has resigned in order to serve as Governor of his
State or Mayor of his city.
[[Page 388]]
On Dec. 8, 2006,(1) the Speaker pro
tempore(2) laid before the House a letter from a Member
advising of his resignation, accompanied by a copy of the actual letter
of resignation that the Member submitted to the State official
concerned. The proceedings were as follows:
---------------------------------------------------------------------------
1. 152 Cong. Rec. 23201, 109th Cong. 2d Sess.
2. Jo Bonner (AL).
---------------------------------------------------------------------------
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore laid before the House the following
resignation from the House of Representatives:
Congress of the United States,
House of Representatives,
Washington, DC, December 4, 2006.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: On November 7, 2006, I received the great
privilege of being elected Governor of the State of Nevada.
Although Dean Heller was elected and will succeed me as the
representative of the Second Congressional District of Nevada,
under Nevada law I must formally resign my Congressional office
prior to taking office as Governor. I have advised the current
Governor of the State of Nevada of such resignation and hereby
inform you of my formal resignation as the representative of the
Second Congressional District of Nevada to be effective at the
close of business on December 31, 2006.
It has been an honor and pleasure representing the Great State
of Nevada in Congress over the past 10 years, and I look forward to
continuing that service as Governor.
Sincerely,
Jim Gibbons,
Member of Congress.
December 4, 2006.
Hon. Kenny Guinn,
Governor, State of Nevada,
Carson City, NV.
Dear Governor Guinn: On November 7, 2006, I received the great
privilege of being elected Governor of the State of Nevada. As you
may be aware, under Nevada law I must formally resign my
Congressional office prior to taking office as Governor. I have
advised the Speaker of the House of such resignation and hereby
inform you of my formal resignation as the representative of the
2nd Congressional District of Nevada to be effective at the close
of business on December 31, 2006.
It has been an honor and pleasure representing the Great State
of Nevada in Congress over the past 10 years, and I look forward to
continuing that service as Governor.
Sincerely,
Jim Gibbons.
On Dec. 21, 1987,(3) the Speaker laid before the House a
communication from a Member resigning his seat in the House to become
the Governor of Louisiana.
3. 133 Cong. Rec. 37624, 100th Cong. 1st Sess.
---------------------------------------------------------------------------
Hon. Jim Wright,
[[Page 389]]
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: The enclosed letter has been received in the
Clerk's Office regarding the resignation from the House, next
March, of the Honorable Buddy Roemer of the Fourth Congressional
District of Louisiana.
This letter is transmitted for your information. I will send
any further details regarding this expected vacancy whenever they
are received by my office.
With great respect, I am,
Sincerely yours,
Donnald K. Anderson,
Clerk, House of Representatives.
House of Representatives,
Washington, DC, December 14, 1987.
Hon. Edwin W. Edwards,
Governor, Baton Rouge, LA.
Dear Governor Edwards: I hereby resign as United States
Representative for the Fourth Congressional District for the State
of Louisiana effective March 14, 1988, the day of my inauguration
as Governor of the State of Louisiana. Please be advised that it is
my intention to continue to serve as a member of the United States
Congress until my inauguration on March 14.
Pursuant to Louisiana Revised Statutes 18:1279, I ask that you
call a special election to fill my seat as United States
Representative and that the primary for such election be set for
March 8, 1988. It is my understanding that the State will hold a
statewide presidential preference primary election on March 8 and,
therefore, that also holding the special election for my
congressional seat on that day will result in substantial savings
to the state.
Please formally notify the Clerk of the United States House of
Representatives of my resignation and its effective date.
Sincerely,
Buddy Roemer,
Member of Congress.
On Jan. 19, 1978,(4) the Speaker laid before the House a
communication from a Member resigning his seat in the House to become
the Mayor of New York.
---------------------------------------------------------------------------
4. 124 Cong. Rec. 107, 95th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, D.C., December 27, 1977.
Hon. Thomas P. O'Neill Jr.,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: As you know, as a result of my election to
the Mayoralty of the City of New York, I must resign my current
position as a member of Congress in the 18th Congressional District
of the State of New York. This letter of resignation is to be
effective as of the close of December 31, 1977. I would appreciate
your taking whatever steps are required to note the resignation as
of that date.
All the best.
Sincerely,
Edward I. Koch.
New York, N.Y.
December 13, 1977.
Hon. Mario M. Cuomo,
[[Page 390]]
Secretary of State, State of New York,
New York, N.Y.
Dear Mr. Secretary: As you know, as a result of my election to
the Mayoralty of the City of New York, I must resign my current
position as a member of Congress in the 18th Congressional District
of the State of New York. This letter of resignation is to be
effective as of the close of December 31, 1977. I would appreciate
your taking whatever steps are required to note the resignation as
of that date and to commence the process for filling that seat.
All the best.
Sincerely,
Edward I. Koch.
Judicial Appointment
Sec. 4.8 A Member informed the Speaker by letter that he had
transmitted his resignation to his State Governor in order to
assume the duties of a Federal judge in his State.
On May 23, 1985,(1) the Speaker laid before the House a
communication from a Member resigning his seat in the House to accept
an appointment as a Federal judge.
---------------------------------------------------------------------------
1. 131 Cong. Rec. 13421, 99th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, May 23, 1985.
Hon. Thomas P. O'Neill, Jr.,
Speaker, House of Representatives, H-204,
The Capitol, Washington, DC.
Dear Mr. Speaker: By this letter, I submit my resignation as a
member of the U.S. House of Representatives effective Monday, May
27th, 1985. As you know, this resignation is necessitated by my
appointment to serve as a United States District Judge for the
Eastern District of Texas.
Membership in the U.S. House of Representatives is among the
highest honors that can come to an individual in our democratic
system, and it is made all the more rewarding because of the
opportunity to serve with elected officials like yourself who love
and defend our great country. I shall always cherish this
friendship and association.
I want to thank you for all of the courtesies that you have
extended to me and my office. I hope to have the opportunity to
welcome you to East Texas in the future. It would be a privilege.
Sincerely,
Sam B. Hall, Jr.
House of Representatives,
Washington, DC, May 23, 1985.
Hon. Mark White,
Governor of Texas, Capitol Station, Austin, TX.
Dear Governor: As the enclosed indicates, I am resigning my
seat in the U.S. House of Representatives effective May 27, 1985.
I am also submitting my resignation to you, and in so doing, I
want to commend you and your entire staff for the tremendous
cooperation and assistance you have given me during your tenure as
our Governor. The liaison between our offices has been exemplary.
[[Page 391]]
In closing I would like to respectfully urge you to set a date
for a special election in the First Congressional District to fill
the unexpired term as soon as possible. The citizens of East Texas
are deserving of representation as soon as practicable, and I am
hopeful that we can have a replacement in this seat very soon.
Again, thank you for your friendship and many courtesies.
Sincerely yours,
Sam B. Hall, Jr.
On Sept. 27, 1979,(2) the Speaker laid before the House
a communication from a Member resigning his seat in the House to accept
an appointment as a Federal judge.
---------------------------------------------------------------------------
2. 125 Cong. Rec. 26503, 26504, 96th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
September 26, 1979.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House.
Dear Mr. Speaker: I hereby tender my resignation as
Representative in Congress from the 10th Congressional District,
Illinois, effective 5:00 p.m., September 26, 1979. I am enclosing a
copy of the wire to that effect that I have sent to Governor James
Thompson of Illinois. I respectfully request that it be spread upon
the records of the House.
The years that I have spent as a Member of this great body have
been the most fulfilling and exciting years of my life. While I
look forward to my new tasks as a Judge in the U.S. Court of
Appeals for the District of Columbia, I will always treasure those
special associations with the very special people who make up the
United States House of Representatives. Thank you, Mr. Speaker.
Sincerely,
Abner J. Mikva.
Washington, D.C.,
September 26, 1979.
Hon. James Thompson,
Governor of Illinois,
State House No. 207,
Springfield, Ill.
I hereby tender my resignation as Representative in Congress
from the 10th Congressional District, Illinois, effective 6:00 p.m.
(Eastern Daylight Time), September 26, 1979. Serving in this office
has been the highest privilege that can be given to any citizen. I
will always treasure it.
Abner J. Mikva.
On Jan. 31, 1966,(3) the Speaker laid before the House
the resignation of a Member who resigned from the House to accept an
appointment as a Federal judge:
3. 112 Cong. Rec. 1562, 1563, 89th Cong. 2d. Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 27, 1966.
Hon. John W. McCormack.
Speaker of the House of Representatives,
Washington, D.C.
My Dear Mr. Speaker: I have the solemn duty to inform you that
I have this day transmitted to the Honorable
[[Page 392]]
Orval E. Faubus, Governor of Arkansas, my resignation as a
Representative in the Congress of the United States from the Fourth
District of Arkansas, effective at the close of business February
2, 1966.
Although I look forward to assuming a new status in life as
Federal judge of the Eastern and Western Districts of Arkansas, it
is with deep feeling that I leave the House of Representatives. I
am grateful for the privilege of the association during my years in
this great institution. It has been a rich and rewarding experience
for Mrs. Harris and for me, which we shall always cherish.
May the providence of God sustain you and every Member
throughout the years ahead.
Humbly and gratefully, I remain always
Sincerely yours,
Oren Harris,
Member of Congress.
Enclosure.
Congress of the United States,
House of Representatives,
Washington, D.C., January 27, 1966.
Hon. Orval E. Faubus,
Governor, State of Arkansas,
Little Rock, Ark.
My Dear Governor: It is with mixed feelings and a sense of
pride that I hereby tender to you my resignation as a Member of the
House of Representatives in the Congress of the United States from
the Fourth District of Arkansas, effective at the close of business
February 2, 1966. This is pursuant to our understanding when I
visited with you in the hospital in Little Rock, December 21, 1965.
As you are aware, I will become U.S. district judge for the
Eastern and Western Districts of Arkansas at 11 a.m. Thursday,
February 3, in my hometown, El Dorado, Ark.
I am humbly grateful for the special honor and privilege of
having served our State and district in the Congress for these 25
years and 1 month. It has been a joy to me and my family to have
had the association during these years, which we shall ever
cherish.
I want to thank you for the courtesies you have always extended
to me, as well as the cooperation in our efforts to serve the
people of our State of Arkansas.
With genuine respect and esteem, I am
Sincerely yours,
Oren Harris,
Member of Congress.
Sec. 4.9 A Member of the House resigned to accept an appointment to the
supreme court of his State.
On Jan. 7, 1997,(1) the following letter of resignation
was laid before the House from a Member resigning his seat in the House
effective Jan. 1, 1997, to take a seat on the Supreme Court of
Arkansas.
---------------------------------------------------------------------------
1. 143 Cong. Rec. 189, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, November 14, 1996.
[[Page 393]]
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker: Enclosed herewith please find a copy of my
letter of resignation as a Member of Congress, effective at noon on
January 1, 1997 which I have tendered to the appropriate Arkansas
State Authority.
Best personal regards,
Ray Thornton.
Congress of the United States,
House of Representatives,
Washington, DC, November 19, 1996.
Hon. Sharon Priest,
Secretary of State, The Capitol, Little Rock, AR.
Dear Madam Secretary: Pursuant to the results of the general
election of November 5, 1996, I will be taking office as an
Associate Justice of the Arkansas Supreme Court on January 1, 1997.
I therefore hereby submit my resignation as Arkansas second
district Representative in the United States Congress to you
effective at noon on January 1, 1997. Until that time I will
continue to carry out my duties as your Congressman.
Best personal regards,
Ray Thornton.
On Sept. 8, 1969,(2) a Member resigned from the House to
accept an appointment as Associate Justice of the Supreme Court of New
Jersey.
---------------------------------------------------------------------------
2. 115 Cong. Rec. 24634, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
September 4, 1969.
Hon. John W. McCormack,
Speaker, House of Representatives,
Room H206, Capitol.
Dear Mr. Speaker: This will inform you that I have this day
transmitted to the Governor of the State of New Jersey my
resignation as a Representative in the Congress of the United
States from the 8th District of New Jersey.
I am deeply grateful for your many courtesies.
Sincerely,
Charles S. Joelson,
Member of Congress.
Change of Party Affiliation
Sec. 4.10 A Member who had changed his party affiliation resigned his
seat to stand for election in a special election as a member of his
new political party.
On Jan. 6, 1983,(1) Speaker pro tempore James C. Wright,
Jr., of Texas, laid before the House a communication from a Member
resigning his seat in the House, as follows:
---------------------------------------------------------------------------
1. 129 Cong. Rec. 114, 98th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., January 5, 1983.
Hon. Thomas P. O'Neill, Jr.,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I herewith tender my resignation as a member
of the
[[Page 394]]
98th Congress, to take effect at the close of business today, the
5th of January, 1983.
I have this day, by separate letter, officially notified the
Governor of Texas of my resignation.
Yours most respectfully,
William Philip Gramm,
Member of Congress,
Sixth District, Texas.
Parliamentarian's Note: Mr. Gramm had been elected to the 98th
Congress as a Democrat and was sworn in as a Democrat. Having changed
his party affiliation to Republican, he resigned the seat to which his
constituents had elected him as a member of one party in order to stand
for reelection as a member of the other party.
Contested Seat
Sec. 4.11 A Member resigned a contested seat.
On May 4, 1977,(1) the Speaker laid before the House a
communication from a Member resigning his contested seat in the House
unconditionally.
---------------------------------------------------------------------------
1. 123 Cong. Rec. 13391, 95th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C., May 4, 1977.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House, Washington, D.C.
Dear Mr. Speaker: Enclosed please find my letter of resignation
addressed this day to the Honorable Edwin W. Edwards, the Governor
of the State of Louisiana.
My short stay in the House has been the most rewarding
experience of my life. I am tremendously impressed by the integrity
and industry of its members. I have made friends whom I will never
forget.
Keep my seat warm and tell my colleagues not to forget me
because I am running again and will win again.
With kindest personal regards, I am,
Sincerely,
Richard A. Tonry.
House of Representatives,
Washington, D.C., May 4, 1977.
Hon. Edwin W. Edwards,
Governor, State Capitol,
Baton Rouge, La.
Dear Governor Edwards: This is perhaps the hardest letter I
have ever had to write.
I am sure you are familiar with the continuing controversy that
has surrounded my election to Congress. My own personal
investigation and that of the House Committee has convinced me that
there were fraudulent and illegal votes cast in my favor and in
favor of my opponent. I sincerely believe and have always felt that
if all the fraudulent and illegal votes were subtracted from the
total I would still be declared the winner.
However, what I believe is not important. What must be
protected is our beloved Louisiana and this Nation. That fraudulent
votes were cast at all is deplorable. This democracy must be
protected and the people of the First Congressional District must
rest with
[[Page 395]]
the assurance that their Congressman has been elected by a majority
of the people.
I have enjoyed nothing as much as serving my people in
Congress. I know I have been a good Congressman.
But the divisiveness must be cured and the will of the people
in the First Congressional District must be definitively
recognized.
For these reasons, I hereby tender my resignation as the United
States Representative for the First Congressional district.
I respectfully request that you call a new election as soon as
possible so that the people of my district will not be without
representation for any significant length of time.
Sincerely,
Richard A. Tonry.
Criminal Conviction
Sec. 4.12 A Member resigned from the House after having been convicted
of fraud under 18 USC Sec. Sec. 80 and 88 and having received a
jail sentence.
On Jan. 3, 1950,(1) the Speaker laid before the House
the resignation of a Member who was convicted of fraud after the first
session of the 81st Congress and who resigned the day before the second
session met.(2)
1. 96 Cong. Rec. 8, 81st Cong. 2d Sess.
2. Effect of criminal conviction generally, see Chs. 7, 12, supra.
---------------------------------------------------------------------------
Washington, D.C., December 9, 1949.
Hon. Sam Rayburn,
Speaker, House of Representatives,
United States.
Sir: I beg leave to inform you that I have this day transmitted
to the Governor of New Jersey my resignation as a Representative in
the Congress of the United States from the Seventh District of New
Jersey, such resignation to take effect on the 2d day of January
1950.
J. Parnell Thomas.
Senate Resignation to Permit Governor to Fill Vacancy
Sec. 4.13 A Member of the Senate resigned shortly before the expiration
of his term to permit the Governor of his State to fill the vacancy
created thereby.
In the Senate, on Dec. 31, 1970,(1) the acting President
pro tempore, James B. Allen, of Alabama, laid before the Senate the
following letter and telegram, relating to the resignation of the
Senator from Delaware:
---------------------------------------------------------------------------
1. 116 Cong. Rec. 44358, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
U.S. Senate,
Washington, D.C., December 31, 1970.
The President of the U.S. Senate,
Washington, D.C.
Attention Mr. Francis R. Valeo, Secretary of the Senate.
My Dear Mr. Vice President: I am hereby resigning as United
States Senator from Delaware effective midnight December 31, 1970.
[[Page 396]]
Governor Russell W. Peterson, of Delaware, has been officially
notified of this resignation by telegram, a copy of which is
enclosed.
Yours sincerely,
John J. Williams.
Enclosure.
Gov. Russell W. Peterson,
State House,
Dover, Del.:
December 31, 1970.
This is to inform you that I am resigning as United States
Senator effective midnight December 31, 1970, in order to permit
the appointment of William V. Roth, Jr., to fill my unexpired term
ending noon January 3, 1971.
John J. Williams,
United States Senator.
In the House, on the same day,(2) the Speaker laid
before the House a letter of resignation from Rep. Roth, who had been
appointed to fill the vacancy in the Senate caused by the resignation
of Senator Williams, whose term of office was about to expire.
---------------------------------------------------------------------------
2. Id. at p. 44304.
---------------------------------------------------------------------------
December 31, 1970.
Hon. John W. McCormack,
Speaker, U.S. House of Representatives, Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as the
Representative-at-Large from the State of Delaware in the United
States House of Representatives, effective midnight, December 31,
1970.
Sincerely,
William V. Roth, Jr.(3)
---------------------------------------------------------------------------
3. See also Sec. 5.9, infra, for another instance where a resignation
from the Senate was timed to correspond with a resignation from
the House, where the House Member had been appointed to fill
the Senate vacancy.
---------------------------------------------------------------------------
Parliamentarian's Note: Mr. Roth had been elected to Senator
Williams' seat for the next Congress. By resigning three days before
the expiration of his term, Senator Williams enabled the Governor to
appoint Mr. Roth to fulfill the unexpired portion of his term. This
gave Senator-elect Roth a three-day advantage in seniority over the
other newly elected Senators.
On Jan. 3, 1953,(4) the Vice President (5)
addressed the Senate as follows:
---------------------------------------------------------------------------
4. 99 Cong. Rec. 3, 83d Cong. 1st Sess.
5. Alben W. Barkley (KY).
---------------------------------------------------------------------------
The Chair lays before the Senate two letters of resignation
from the United States Senate--an almost unheard-of proceeding. The
Secretary will read the letters.
The legislative clerk (Edward E. Mansur, Jr.) read, as follows:
United States Senate,
Committee on Labor and Public Welfare,
November 25, 1952.
The Honorable the Vice President of the United States,
United States Senate,
Washington, D. C.
[[Page 397]]
Dear Mr. Vice President: I am enclosing a copy of my letter
of resignation from the United States Senate which, as you will
note, is effective at the close of business January 1, 1953.
With very best regards,
Sincerely,
Richard Nixon.
United States Senate,
Committee on Labor and Public Welfare,
November 8, 1952.
The Honorable Earl Warren,
Governor of California,
Sacramento, Calif.
Dear Governor Warren: I herewith tender my resignation as
United States Senator from California, effective at the close
of business January 1, 1953. This will enable our newly
appointed Senator from California to obtain the same advantages
of seniority which I received when you appointed me to the
Senate upon Senator Downey's resignation in 1950.
With all good wishes,
Sincerely,
Richard Nixon.
United States Senate,
Committee on Foreign Relations,
December 23, 1952.
Hon. Alben W. Barkley,
Vice President of the United States,
Washington, D. C.
Dear Mr. President: I enclose copy of communication to the
Governor of Maine notifying him of my resignation as United States
Senator as of December 31, 1952.
Respectfully,
Owen Brewster,
United States Senator.
December 23, 1952.
Hon. Frederick G. Payne,
Governor of Maine,
State House, Augusta, Maine.
My Dear Governor: Will you please accept my resignation as
United States Senator from Maine effective at the close of business
on December 31, 1952, for reasons stated in my letter of December
19, 1952, to the Secretary of State of the State of Maine.
Copy of this communication is also going to the Vice President
of the United States.
Respectfully,
Owen Brewster,
United States Senator.
The VICE PRESIDENT. No action is required on these letters of
resignation, but they will be placed on file.
Sec. 4.14 A Senator who had been elected to a full six-year term, by a
``write-in'' vote following the death of his predecessor at a time
too late in 1954 for a new nominating primary, resigned to permit
nomination of candidates for the office in the next regular primary
election. He also announced his own candidacy for the unexpired
term (four years).
[[Page 398]]
On the legislative day of Mar. 26, 1956,(1) the
President pro tempore of the Senate (2) laid before the
Senate the letters of resignation of Senator J. Strom Thurmond, of
South Carolina.
---------------------------------------------------------------------------
1. 102 Cong. Rec. 5617, 84th Cong. 2d Sess., Mar. 27, 1956 (calendar
day).
2. Walter F. George (GA).
---------------------------------------------------------------------------
The PRESIDENT pro tempore. The Chair lays before the Senate a
communication from the Senator from South Carolina [Mr. Thurmond]
enclosing a copy of a letter addressed to the governor of that
State, tendering his resignation as a Senator, effective on April
4, 1956, which, with the accompanying letter, will be printed in
the Record and placed on file.
The letters are as follows:
United States Senate,
Washington, D.C., March 23, 1956.
Hon. Richard M. Nixon,
Vice President of the United States,
United States Senate,
Washington, D. C.
Dear Mr. President: This is to inform you officially of my
resignation as a Senator from South Carolina, effective April 4,
1956.
Enclosed herewith is a copy of a letter I submitted to the
Honorable George Bell Timmerman, Jr., Governor of South Carolina,
on March 3, 1956, in which I stated my reason for resigning. The
Governor accepted my resignation, effective April 4, the same day I
submitted it to him. This is for the purpose of making the official
records clear as to my action.
Sincerely yours,
Strom Thurmond,
United States Senator from South Carolina.
United States Senate,
Washington, D.C., March 3, 1956.
Hon. George Bell Timmerman, Jr.,
Governor of South Carolina,
The State House, Columbia, S. C.
Dear Governor Timmerman: In keeping with the pledge which I
made to the people of South Carolina during the 1954 campaign, and
in order that the State Democratic Convention can place the office
in this summer's primary, I hereby resign as United States Senator
effective on and as of April 4, 1956, and I respectfully request
that you accept this resignation effective on that date.
Sincerely yours,
Strom Thurmond.
Senator Thurmond, who had been elected to a full six-year term by a
``write-in'' vote following the death of his predecessor(3)
two months before the general election, announced his resignation in
order that he might be a candidate in his party's next regular primary
election, competing with other candidates for the opportunity to be the
party's candidate in the November general election for the remainder of
the unexpired term.(4) The explanation as
[[Page 399]]
to why Senator Thurmond would resign his seat in the Senate only to run
for the same office was made on Mar. 6, 1956,(5) when he
addressed the Senate relative to his resignation therefrom and received
unanimous consent to have his remarks extended in the Congressional
Record.
---------------------------------------------------------------------------
3. Burnet R. Maybank died Sept. 1, 1954.
4. 102 Cong. Rec. 3991, 84th Cong. 2d Sess., Mar. 6, 1956.
5. Id.
---------------------------------------------------------------------------
Mr. THURMOND. Mr. President, I ask unanimous consent to have
printed in the body of the Record the text of an announcement I
made in Columbia, S.C., the capital of my State, on March 3, 1956.
The announcement explains a promise I made to the people of
South Carolina in the fall of 1954, when I entered the campaign for
election to the Senate. It also explains why I have submitted my
resignation to the Governor of South Carolina and will give up my
Senate seat on April 4, in spite of the fact that more than 4 years
remain of the 6-year term to which I was elected.
In the Democratic primary in South Carolina on June 12, I will
be a candidate for the nomination of my party to enter the November
general election to seek the approval of the voters of my State to
succeed myself in the Senate, for the remainder of my term.
Although the press has published my reasons for taking this
action, I believe it appropriate that I should present this
explanation to my distinguished colleagues.
There being no objection, Mr. Thurmond's announcement was
ordered to be printed in the Record, as follows:
News Statement by Senator Strom Thurmond, of South Carolina, in
Columbia, S.C., March 3, 1956, Announcing his Resignation From
the United States Senate
The untimely death of Senator Burnet R. Maybank came on
September 1, 1954, just over 2 months before the General
Election on November 2 of that year. Senator Maybank had been
renominated in the Democratic primary without opposition.
If a special Democratic primary had been held to nominate a
successor to Senator Maybank, the voters in that primary would
have been bound by South Carolina law and by oath under State
Democratic Party rules to support the nominee. A special
primary was not held. Therefore, the Democrats of South
Carolina were free to vote for the person of their choice for
the full 6-year term in the 1954 general election.
Democrats in every county called on me to lead a write-in
campaign as their candidate for the Senate. The view of many
political observers was that such a campaign would be hopeless
because of the difficulties of write-in balloting.
I believe the people themselves had a right to vote for a
candidate of their choice to fill an office, especially since
the term of office was for 6 years. I agreed to become a
Democratic write-in candidate for the Senate seat left vacant
for the term beginning in January 1955.
In the 1954 campaign I stated:
``This is a fight for principle. * * * To make the
principle at stake crystal clear, I pledge to the people of
South Carolina that if I am elected in the general election on
November 2, I will tender my resignation in 1956 in sufficient
time to let the Democrats of South Carolina nominate a United
States Senator in the regular Democratic primary election
[[Page 400]]
that year, which is the earliest regular primary to be held.''
On March 21 the State Democratic Convention will be held.
One of its functions is to provide for a primary to nominate
Democrats for the various offices which will be filled by the
voters in November in the general election. Candidates who
enter the primary must qualify between noon on March 22 and
noon on April 5.
The time has come for me to fulfill my promise to the
people of South Carolina.
I have tried to choose a course that will be as crystal
clear as the principle I upheld in the 1954 campaign.
Today I have delivered my letter of resignation to Governor
Timmerman.
The text of the letter states:
``In keeping with the pledge which I made to the people of
South Carolina during the 1954 campaign, and in order that the
State Democratic convention can place the office in this
summer's primary, I hereby resign as United States Senator
effective on and as of April 4, 1956, and I respectfully
request that you accept this resignation effective on that
date.''
The State convention can provide for a primary to nominate
a candidate for the remaining 4 years of the 6-year term to
which I was elected. The Democrats of South Carolina can have
the opportunity of nominating the person of their choice on
June 12. Any person who desires to enter the primary as a
candidate has sufficient notice.
I shall be a candidate for nomination in the primary to
succeed myself in the Senate.
My resignation was made effective April 4, the day before
the closing of the books for qualification and before the
campaign opens. Because of the unprecedented circumstances of
the 1954 senatorial election, I would not want to have any
advantage which might result from my holding office during this
primary campaign.
My resignation will guarantee a free and open primary
election for South Carolina Democrats. I believe the course I
have taken in resigning, and in making this announcement a
month before the effective date, fulfills to the utmost the
pledge I made to the people in 1954.
The trust reposed in me by the people has been deeply
appreciated, and I have tried at all times to reward this trust
by exerting my best efforts on behalf of the State and the
Nation.
Addressing the House
Sec. 4.15 A resigning Member may, by unanimous consent, address the
House to explain the reasons for his resignation.
On Sept. 23, 1943,(1) the Speaker laid before the House
the following communication:
---------------------------------------------------------------------------
1. 89 Cong. Rec. 7779, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
September 20, 1943.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D. C.
Dear Mr. Speaker: This is to inform you that I have submitted
my resignation as a Member of Congress from the Twenty-third
Congressional District of Pennsylvania to Gov. Edward W. Martin,
effective 6 p. m., September 24, 1943.
I wish to express my sincere appreciation for the many
courtesies you have extended me.
[[Page 401]]
Very sincerely,
James E. Van Zandt.
Mr. VAN ZANDT. Mr. Speaker, I ask unanimous consent to address
the House for 1 minute.
The SPEAKER. Without objection, it, is so ordered.
There was no objection.
Mr. VAN ZANDT. Mr. Speaker, I have submitted my resignation as
a Member of Congress effective 6 p.m., tomorrow, September 24. My
resignation is the result of my intense desire to serve my country
in the armed forces as a member of the United States Navy.
I am grateful to you, Mr. Speaker, and to my colleagues for the
many courtesies shown me during the past five years. I shall think
often of you and the multitude of important issues you will be
called upon to decide. Believe me when I tell you it has been a
distinct honor to serve in this distinguished body, the Congress of
the United States; yet I feel it is an equal honor to be blessed
with good health and able to serve in the armed forces.
Naturally it shall be my ambition, when the war clouds have
been dispersed, to return to Congress, richer in experience and
with a broader outlook.
Until we meet again, good luck and godspeed to all of you.
[Page 401-424]
CHAPTER 37
Resignations
B. Resignation of a Member From the House
Sec. 5. Conditional Resignations; Timing
One may resign as a Member of the House at any time, even before
taking the oath.(1) A resignation may be made contingent on
another factor(2) and may designate a future date on which
it is to become effective.(3)
---------------------------------------------------------------------------
1. 2 Hinds' Precedents Sec. Sec. 1230 et seq.
2. See Sec. Sec. 5.4 et seq.
3. See Sec. Sec. 5.1, 5.7, infra.
---------------------------------------------------------------------------
In some instances of the resignation of a Member in order for the
Member to accept a position in the Executive branch, the Member's
resignation was not laid before the House until after the Member's
being sworn as an official of the Executive branch, although the
resignation was submitted before the swearing.(4)
---------------------------------------------------------------------------
4. See Sec. 5.11, infra. -------------------
---------------------------------------------------------------------------
Effective on Future Date
Sec. 5.1 It has been possible for a Representative to resign a seat in
the House prospectively, specifying an effective date in the
future.(1)
---------------------------------------------------------------------------
1. It has been possible even to resign effective on the election of a
successor. See, for example, Sec. 5.6, infra.
---------------------------------------------------------------------------
A prospective resignation might enable the State concerned
prospectively to take cognizance of the vacancy as a constitutional
predicate for the issuance by the executive authority of the State of a
writ of election to fill the vacancy.(2)
---------------------------------------------------------------------------
2. For an instance in which the executive authority of a State
declined to take cognizance of a contingent resignation, see
the case of Rep. T. Vincent Quinn (NY) on Dec. 30, 1951
(Sec. 5.12, infra).
---------------------------------------------------------------------------
[[Page 402]]
A resignation stating a future effective date (but worded
irrevocably) has enabled a special election based on a prospective (but
definite) vacancy.(3)
---------------------------------------------------------------------------
3. A finding of vacancy presumably must logically eclipse any avenue
of withdrawal and, presumably, as goes the power of withdrawal
so also goes the power of modification. The House has allowed
withdrawal in the case of defective resignation, that is, where
the Member had not actually transmitted the letter of
resignation (6 Cannon's Precedents Sec. 229) or had transmitted
it to an improper State official (the case of Floyd Flake
[N.Y.], infra, this section and Sec. 3.9, supra, reflecting
withdrawal of an initial, misdirected resignation).
---------------------------------------------------------------------------
On July 22, 2004,(4) the following
occurred:(5)
---------------------------------------------------------------------------
4. 150 Cong. Rec. 17328, 108th Cong. 2d Sess.
5. Parliamentarian's Note: Because Rep. Bereuter's resignation would
take effect during the August recess, the Chair did not
announce an adjustment to the whole number of the House under
Rule XX clause 5(c) until after the recess (Sept. 7, 2004). See
House Rules and Manual Sec. 1024b (2007). Clause 5(c) was
changed to clause 5(d) in the 109th Congress.
---------------------------------------------------------------------------
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore(6) laid before the House the
following resignation from the House of Representatives:
---------------------------------------------------------------------------
6. Michael Simpson (ID).
Congress of the United States,
House of Representatives,
July 20, 2004.
Hon. J. Dennis Hastert,
Speaker, House Of Representatives, Room H-232, The Capitol,
Washington, DC.
Dear Mr. Speaker: It has been my great privilege and honor to
have represented the citizens of Nebraska's 1st Congressional
District in the U.S. House of Representatives for 13 terms. During
that time I have served with an extraordinary number of talented
and dedicated representatives from both sides of the aisle, and
with similarly dedicated and effective congressional staff, who of
course make possible the work of Congress.
As a Member, I have been particularly aided by an especially
talented, loyal, unusually long-serving, and hard-working
congressional office staff and subcommittee staff of high integrity
who epitomize the best qualities of my Nebraska constituents and of
those Americans who make our country the finest in the world.
However, there comes a time in many a representative's life
when that Member of Congress is ready to focus on other priorities
and objectives, and I am at that point in my life. Therefore, Mr.
Speaker, the purpose of this letter is to communicate to you and
the House, that effective at the end of the day on August 31, 2004,
I am resigning my seat as the Representative of the 1st District of
Nebraska in the U.S. House of Representatives. I also have written
to the Governor of Nebraska to advise him of my decision.
Best wishes,
Doug Bereuter,
Member of Congress.
[[Page 403]]
-------------------Congress of the
United States,
House of Representatives,
July 20, 2004.
Hon. Mike Johanns,
Governor, State of Nebraska, State Capitol, P.O. Box 94848,
Lincoln, Nebraska.
Dear Governor Johanns: It has been my great privilege and honor
to have represented the citizens of Nebraska's 1st Congressional
District in the U.S. House of Representatives for 13 terms. During
that time I have served with an extraordinary number of talented
and dedicated representatives from both sides of the aisle, and
with similarly dedicated and effective congressional staff, who of
course make possible the work of Congress.
As a Member, I have been particularly aided by an especially
talented, loyal, unusually long-serving, and hard-working
congressional office staff and subcommittee staff of high integrity
who epitomize the best qualities of my Nebraska constituents and of
those Americans who make our country the finest in the world.
However, there comes a time in many a representative's life
when that Member of Congress is ready to focus on other priorities
and objectives, and I am at that point in my life. Therefore, the
purpose of this letter is to communicate to you that effective at
the end of the day on August 31, 2004, I am resigning my seat as
the Representative of the 1st District of Nebraska in the U.S.
House of Representatives. I also have written to the Speaker of the
U.S. House of Representatives to advise him of my decision.
Best wishes,
Doug Bereuter,
Member of Congress.
On Jan. 27, 2003,(7) Speaker pro tempore John Abney
Culberson, of Texas, laid before the House a communication dated Jan.
7, 2003, from Rep. Larry Combest, of Texas, resigning his seat in the
House effective at the close of business May 31, 2003.(8)
---------------------------------------------------------------------------
7. 149 Cong. Rec. 1750, 1751, 108th Cong. 1st Sess.
8. Texas provided for Rep. Combest's successor to be elected before
the effective date of his resignation. The ostensibly
irrevocable character of Rep. Combest's resignation (reading
both letters together) presumably justified the Governor's
finding of a vacancy for the period from June 1, 2003, through
the end of Rep. Combest's term on Jan. 3, 2005--the predicate
for his issuance of a writ of election under clause 4, Sec. 2,
art. I of the Constitution.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, January 7, 2003.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have had the great privilege and honor to
have been selected as the representative of the people of the 19th
District of Texas through ten elections. My service in the U.S.
Congress has been the most rewarding professional experience of my
life, and I thank every one of my constituents who were kind enough
to put their trust and faith in my leadership.
However, there comes a time in everyone's life when the focus
needs to be
[[Page 404]]
more on family than other things, and I am at that point in my
life.
At close of business on May 31, 2003, I will resign my seat as
the Representative of the 19th district of Texas in the U.S. House
of Representatives. I have written to the Governor of Texas to
advise him of my decision so that he can set a date to schedule an
election so the people of the 19th District can choose my
successor.
Sincerely,
Larry Combest
House of Representatives,
Washington, DC, January 7, 2003.
Hon. Rick Perry,
Governor of Texas, State Capitol,
Austin, TX.
Dear Rick: I have had the great privilege and honor to have
been selected as the representative of the people of the 19th
District of Texas through ten elections. My service in the U.S.
Congress has been the most rewarding professional experience of my
life, and I thank every one of my constituents who were kind enough
to put their trust and faith in my leadership.
However, there comes a time in everyone's life when the focus
needs to be more on family than other things, and I am at that
point in my life.
Please accept this letter as my resignation from the office of
Representative of the 19th District of Texas in the U.S. House of
Representatives to be effective close of business May 31, 2003. As
I continue to serve the great people of the 19th district until
such date, this written resignation should allow you sufficient
opportunity to set a date to schedule an election so the people of
the 19th District can choose my successor.
Sincerely,
Larry Combest.
Proclamation by the Governor of the State of Texas
Whereas, a vacancy for election purposes now exists in the
membership of the United States House of Representatives from the
19th Congressional District of Texas, which consists of Andrews,
Bailey, Cochran, Crane, Ector, Gaines, Hockley, Howard, part of
Lamb, Loving, Lubbock, Lynn, Martin, Midland, Parmer, Terry, Ward,
Winkler, and Yoakum Counties; and
Whereas, the United States Constitution, art. I, Sec. 2,
requires the executive authority of the state to issue writs of
election to fill such vacancies, and 2 USC Sec. 8, requires that
the date of such election be as prescribed by state law, and Texas
Election Code Sec. 204.021, requires that such a vacancy be filled
by special election; and
Whereas, Tex. Elec. Code Sec. 203.004, requires that, absent a
finding of an emergency, the special election be held on the next
eligible uniform election date occurring on or after the 36th day
after the date the election is ordered, which would be May 3, 2003;
and
Whereas, Tex. Elec. Code Sec. 3.003, requires the election to
be offered by proclamation of the Governor;
Now, therefore, I Rick Perry, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the
State of Texas, do hereby order by this proclamation a special
election to be held in District 19 on
[[Page 405]]
Saturday, May 3, 2003, for the purpose of electing a U.S.
Representative for Dist. 19 to serve out the unexpired term of the
Hon. Larry Combest.
Candidates who wish to have their names placed on the special
election ballot must file their applications with the Secretary of
State no later than 5:00 p.m. on Wednesday, April 2, 2003.
Early voting by personal appearance shall begin on Wednesday,
April 16, 2003, in accordance with Tex. Elect. Code Sec. 85.001(a).
On Nov. 27, 2001,(9) Speaker pro tempore Judy Biggert,
of Illinois, laid before the House a communication dated Nov. 15, 2001,
from Rep. Steve Largent, of Oklahoma, resigning his seat in the House
effective Feb. 15, 2002:(10)
---------------------------------------------------------------------------
9. 147 Cong. Rec. 23006, 107th Cong. 1st Sess.
10. Oklahoma enrolled Senate Bill Number 7X, enacted and signed by the
Governor of Oklahoma in Oct. 2001, during the first
extraordinary session of the 48th Legislature, contemplated
that Rep. Largent's tender of an irrevocable resignation
effective Feb. 15, 2002, would enable a gubernatorial writ of
election. Thus, a successor was elected on Jan. 8, 2002, to
fill the seat that Rep. Largent did not actually vacate until
Feb. 15, 2002.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, November 15, 2001.
Hon. J. Dennis Hastert,
The Office of the Speaker,
Capitol, Washington, DC.
Dear Denny: I am writing to inform you that February 15, 2002
has been set in Oklahoma as the date for my resignation from
Congress. I am pleased to report that the Oklahoma legislature
recently passed a law that will ensure that Oklahoma's 1st
Congressional District will not go unrepresented as I make the
transition to a full-time campaign for governor. The law required
that I make my intent to resign irrevocable, which I have
communicated to Oklahoma's Secretary of State.
Serving in the House of Representatives has been one of the
greatest honors and challenges of my life. I want to thank you for
your leadership, your steadfastness in the pursuit of our ideals,
and for your friendship during the past few years. While I will
miss working alongside my colleagues in Congress, I am eager to
fight for the principles our party stands for as the next governor
of Oklahoma.
Please do no hesitate to contact me or my chief of staff, Mike
Willis, if you have any questions regarding this transition.
Sincerely,
Steve Largent,
Member of Congress.
Enclosure.
House of Representatives,
Washington, DC, October 26, 2001.
Hon. Mike Hunter,
Oklahoma Secretary of State,
Oklahoma City, OK.
Dear Secretary Hunter: Pursuant to enrolled Senate Bill Number
7X, enacted and signed by the Governor this week during the first
extraordinary session of the 48th Legislature, please accept this
letter as official notice of
[[Page 406]]
my resignation as Congressman of the First District of Oklahoma.
This resignation is irrevocable and shall become effective on
February 15, 2002.
My decision to leave was made after much prayer and
consideration for the constituents I now serve. It has been an
honor and a privilege to have served as the Representative for the
people of the First District.
Sincerely,
Steve Largent,
Member of Congress.
On June 5, 2001,(11) Speaker pro tempore Biggert laid
before the House a communication dated May 25, 2001, from a Member
resigning his seat in the House effective Sept. 6, 2001:
---------------------------------------------------------------------------
11. 147 Cong. Rec. 9882, 107th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, May 25, 2001.
Hon. Dennis Hastert,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: I am writing to formally notify you that I
will be retiring from my position as the United States
Representative for Florida's First Congressional district,
effective September 6, 2001. A similar letter has been sent to the
Honorable Jeb Bush, Governor of the State of Florida.
Sincerely,
Joe Scarborough,
Member of Congress.
Congress of the United States,
House of Representatives,
Washington, DC, May 25, 2001.
Hon. Jeb Bush,
The Capitol,
Tallahassee, FL.
Dear Governor Bush: I am writing to inform you that I am
irrevocably resigning my position as United States Representative
for the First District of Florida, effective September 6, 2001. A
similar letter has been sent to the Honorable J. Dennis Hastert,
Speaker of the United States House of Representatives.
I appreciate your friendship and the support you have shown
Northwest Florida.
Sincerely,
Joe Scarborough,
Member of Congress.
On Jan. 31, 2001,(12) Speaker pro tempore Michael K.
Simpson, of Idaho, laid before the House a communication dated Jan. 29,
2001, from a Member resigning his seat in the House effective Feb. 2,
2001:
12. Id. at p. 1056.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, January 29, 2001.
Speaker J. Dennis Hastert,
The U.S. House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Attached herewith is a copy of my letter to
Governor Tom Ridge of the Commonwealth of Pennsylvania stating that
my retirement and resignation from the United States Congress shall
be effective at 2400 hours, Friday, February 2, 2001.
Sincerely,
Bud Shuster,
Member of Congress.
[[Page 407]]
Congress of the United States,
House of Representatives,
Washington, DC, January 29, 2001.
Gov. Tom Ridge,
Commonwealth of Pennsylvania,
Office of the Governor, Harrisburg, PA.
Dear Governor Ridge, I hereby submit my letter of retirement
and resignation from the United States Congress, effective at 2400
hours, Friday, February 2, 2001.
Sincerely,
Bud Shuster,
Member of Congress.
On Feb. 25, 1999,(13) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House a communication dated Jan. 27, 1999,
from a Member resigning his seat in the House effective Feb. 28, 1999:
---------------------------------------------------------------------------
13. 145 Cong. Rec. 3117, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, January 27, 1999.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Enclosed please find a copy of a letter to
the Louisiana Secretary of State announcing my intention to resign
from the U.S. House of Representatives on February 28, 1999. Upon
receipt of this letter, I expect the Governor to notice and call an
election to fill my vacancy. My hope is that it will occur as
quickly as possible so as to result in as little inconvenience as
possible to the Republican Conference.
Sincerely,
Robert L. Livingston,
Member of Congress.
On Feb. 3, 1998,(14) the Speaker laid before the House a
communication dated Jan. 15, 1998, from a Member resigning his seat in
the House effective Feb. 6, 1998:
---------------------------------------------------------------------------
14. 144 Cong. Rec. 515, 105th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, January 15, 1998.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: It is with very mixed feelings that I write
to you to tender my resignation from the House of Representatives,
effective at the close of business on Friday, February 6, 1998.
After so many years of watching my family's sacrifice, in the
interests of public service, I find that the requirements of being
more available to them now press very hard upon me. Therefore, I
will leave the House and turn my attention to these pressing
matters.
Serving in the House has been a profound honor, both because it
has allowed me to share in the traditions and history of the House
and because of the incredible district that I was honored to
represent in the House chamber. I will miss my many colleagues and
the opportunity to contribute so directly to the governance of our
nation. I leave with a sense of significant accomplishment, as well
as with the optimism with which I entered the chamber for the first
time in
[[Page 408]]
1971. I will value our friendship and the challenging debate that
we have engaged in over these many years.
Mr. Speaker, I wish you well and extend through you my very
best wishes to all of our colleagues.
Sincerely yours,
Ronald V. Dellums,
Member of Congress.
House of Representatives,
January 27, 1998.
Gov. Pete Wilson,
State Capitol,
Sacramento, CA.
Dear Governor Wilson: I write to you pursuant to California law
to advise you that I will resign my office, Representative in
Congress, 9th California District, effective at the close of
business on February 6, 1998. I have similarly advised the Speaker
of the House of Representatives.
I appreciate and have been honored by the opportunity to have
served the people of the State of California in the United States
Congress.
Sincerely yours,
Ronald V. Dellums,
Member of Congress.
On Dec. 15, 1997,(15) following a recess, the Speaker,
Newt Gingrich, of Georgia, inserted in the Congressional Record a
communication from Rep. Floyd Flake, of New York, to the Secretary of
State of New York dated Nov. 7, 1997, resigning his seat in the House
effective one week after the date of the communication, on Nov. 16,
1997:(16)
---------------------------------------------------------------------------
15. 143 Cong. Rec. 26709, 105th Cong. 1st Sess.
16. Rep. Flake previously had withdrawn on Oct. 9, 1997, an earlier
putative resignation by letter to the Governor of New York
dated Aug. 4, 1997, which proposed to be effective on the date
of Oct. 15, 1997, and which had been laid before the House on
Sept. 3, 1997. The law of the State of New York required that a
resignation be submitted to its Secretary of State. See also
Sec. 3.9, supra.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, November 7, 1997.
Hon. Alexander Treadwell,
Secretary of State,
Albany, NY.
Dear Secretary Treadwell: Pursuant to section 31 of the Public
Officers law, I hereby inform you that I am resigning from the
United States House of Representatives. My resignation will become
effective at midnight on November 16, 1997.
As you and the citizens of New York are well aware, I am
returning to my pastorate at the Allen A.M.E. church in Jamaica,
Queens. Although I have been called back to Allen to devote my
energy and full-time attention to its congregation, I am proud of
my service in Congress. It has been my distinct privilege to
represent the people of the 6th Congressional District of New York,
and an honor to serve the people of the United States of America.
With warmest regards, I am
Sincerely,
Floyd H. Flake.
Member of Congress.
[[Page 409]]
On Jan. 21, 1993,(17) Speaker Thomas S. Foley, of
Washington, laid before the House a communication from a Member
resigning his seat in the House effective at the end of the current
month, on Jan. 31, 1993:
---------------------------------------------------------------------------
17. 139 Cong. Rec. 423, 103d Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, January 12, 1993.
Hon. George V. Voinovich,
Governor, State of Ohio, Columbus, OH.
Dear George: I am writing to inform you that I will be
resigning my seat in the U.S. House of Representatives effective at
the close of business January 31, 1993.
Sincerely,
Bill Gradison.
On Mar. 17, 1981,(18) the Speaker laid before the House
a communication from a Member resigning his seat in the House effective
four weeks later, on Apr. 13, 1981:
---------------------------------------------------------------------------
18. 127 Cong. Rec. 4423, 97th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., March 13, 1981.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House of Representatives,
2231 Rayburn House Office Building,
Washington, D.C.
Dear Mr. Speaker: Enclosed is a copy of the letter I have sent
this day to The Honorable William Winter, Governor of the State of
Mississippi, advising him of my resignation from the United States
House of Representatives effective at the close of business on
Monday, April 13, 1981.
Sincerely,
Jon Hinson,
Member of Congress.
House of Representatives,
Washington, D.C., March 13, 1981.
Hon. William Winter,
Governor of Mississippi,
Jackson, Miss.
Dear Governor Winter: This is to advise you that I resign from
the United States House of Representatives effective at the close
of business on Monday, April 13, 1981.
Sincerely,
Jon Hinson,
Member of Congress.
On Dec. 30, 1980,(19) the Speaker, Thomas P. O'Neill,
Jr., of Massachusetts, inserted in the Congressional Record a
communication from a Member dated Dec. 18, 1980, in which the Member
resigned his seat in the House effective Dec. 29, 1980:
19. 126 Cong. Rec. 34415, 96th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C. December 18, 1980.
The Honorable Brendan T. Byrne,
Office of the Governor,
Executive State House,
Trenton, N.J.
[[Page 410]]
Governor Byrne: In accordance with the law, I hereby resign as
the Representative of the Fourth District of New Jersey effective
midnight, December 29, 1980.
Sincerely yours,
Frank Thompson, Jr.
Copies: Hon. Edmund L. Henshaw, Jr., Clerk of the U.S. House of
Representatives; Hon. Benjamin J. Guthrie, Sergeant at Arms; Hon.
Thomas P. O'Neill, Jr., Speaker of the House.
On Nov. 7, 1979,(20) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
at the end of the second month following (Jan. 31, 1980):
---------------------------------------------------------------------------
20. 125 Cong. Rec. 31327, 31328, 96th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
November 7, 1979.
Hon. Thomas P. O'Neill, Jr.,
The Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Because my state of health no longer permits
me to discharge fully my responsibilities as a Member of the U.S.
House of Representatives, representing the Eleventh Congressional
District of Pennsylvania, I hereby resign my Office effective
January 31, 1980.
Sincerely yours,
Daniel J. Flood,
Member of Congress.
Washington, D.C.,
November 7, 1979.
Hon. Richard Thornburgh,
Governor of Pennsylvania,
Harrisburg, Pa.
Dear Governor: Because my state of health no longer permits me
to discharge fully my responsibilities as a Member of the U.S.
House of Representatives, representing the Eleventh Congressional
District of Pennsylvania, I hereby resign my Office effective
January 31, 1980.
Sincerely yours,
Daniel J. Flood,
Member of Congress.
The Speaker, on Oct. 2, 1963,(21) laid before the House
the following communication:
21. 109 Cong. Rec. 18583, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., September 26, 1963.
Hon. John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Honorable John B. Connally, Governor of
Texas, my resignation as a Representative in the Congress of the
United States from the 10th District of Texas, the resignation to
become effective the 20th day of December, 1963. A copy of my
letter to the Governor is attached.
Warm personal regards.
Sincerely yours,
Homer Thornberry.
September 26, 1963.
[[Page 411]]
Hon. John B. Connally,
Governor of Texas,
Austin, Tex.
Dear Governor Connally: I hereby tender to you my resignation
as a Member of the House of Representatives in the Congress of the
United States from the 10th District of Texas, the resignation to
become effective the 20th day of December 1963.
Warm personal regards.
Sincerely yours,
Homer Thornberry.
Parliamentarian's Note: On July 9, 1963, President Kennedy
nominated Mr. Thornberry to be a Federal district judge. The Senate
confirmed the nomination on July 15 (although Mr. Thornberry was not
sworn in as U.S. district judge until Dec. 21, 1963). Mr. Thornberry
delayed the effective date of his resignation from the House until Dec.
20 because of the press of business in the Committee on Rules during
the remainder of the first session of the 88th Congress, and also
because a special election (for another purpose) had previously been
scheduled for Dec. 9 in Texas, and that was considered an opportune
time to conduct a special election to fill the vacancy in the House
caused by Mr. Thornberry's resignation.
Resignation of Member Elected to Next Congress
Sec. 5.2 The resignation of an incumbent Member was tendered after his
election to the next Congress but before the adjournment of the
current Congress.
On Dec. 7, 1944,(1) the Speaker laid before the House
the resignation of Rep. John E. Fogarty, of Rhode Island.
---------------------------------------------------------------------------
1. 90 Cong. Rec. 8990, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. Fogarty resigned his seat in the 78th Congress less than one
month before his term expired in order to join the Armed Forces,
although he had been elected to the 79th Congress.
December 7, 1944.
Hon. Sam Rayburn,
The Speaker, House of Representatives,
Washington, D. C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Governor of Rhode Island my resignation as a
Representative in the Seventy-eighth Congress of the United States
from the Second District of Rhode Island.
With assurance of my high esteem, I am,
Respectfully yours,
John E. Fogarty.
Sec. 5.3 An incumbent Member (the Speaker) resigned as a
Representative-elect to the next Congress.
[[Page 412]]
On Jan. 6, 1999,(1) the Clerk of the House, Jeffrey J.
Trandahl, laid before the House a letter from Rep. Newt Gingrich, of
Georgia, transmitting a copy of his letter of resignation as a Member-
elect for the 106th Congress (in the language of the pertinent Georgia
statute, a ``withdrawal'') that he had submitted to the Governor of his
State in conjunction with his decision not to seek the renomination of
his party caucus for the Office of Speaker in the 106th
Congress.(2)
1. 145 Cong. Rec. 42, 106th Cong. 1st Sess.
2. On Dec. 17, 1998, in the closing days of the 105th Congress,
Speaker Gingrich, having been reelected as a Representative
from the Sixth District of Georgia for the 106th Congress,
announced that, while he would continue to serve in the Office
of Speaker and as the Representative from Georgia's Sixth
District through the end of the 105th Congress, he would create
a vacancy for the 106th Congress by ``withdrawing'' (the term
used in Georgia law) as Representative-elect from that
district. It was not unprecedented for a Member to resign
without ever having taken his seat. See 2 Hinds' Precedents
Sec. 1231.
---------------------------------------------------------------------------
Washington, DC, December 17, 1998.
Hon. Robin H. Carle,
Clerk of the House, the Capitol, Washington, D.C.
Dear Robin: As you are no doubt aware, I have decided that I
will not seek re-election in the 106th Congress as Speaker of the
United States House of Representatives. In conjunction with that
decision, I have notified the Governor of Georgia that I have
withdrawn pursuant to Section 21-2-503 of the Official Code of
Georgia Annotated and will not take the seat of congressman for the
Sixth District of Georgia for the 106th Congress.
I will, however, complete my term as congressman from the Sixth
District of Georgia for the entirety of the 105th Congress. I will
also continue to serve as Speaker until the completion of the 105th
Congress.
Please contact me if you have any questions.
Sincerely,
Newt Gingrich,
Speaker.
November 22, 1998.
Governor Zell Miller,
Atlanta, Georgia.
Dear Governor Miller: As you are no doubt aware, I have decided
that I will not seek re-election in the 106th Congress as Speaker
of the House of Representatives. In conjunction with this decision,
I hereby notify you that I have withdrawn pursuant to Section 21-2-
504 of the Official Code of Georgia Annotated and will not take the
seat of congressman for the Sixth District of Georgia for the 106th
Congress.
I will, however, complete my term as congressman for the Sixth
District of Georgia for the entirety of the 105th Congress. I will
also continue to serve as Speaker until the completion of the 105th
Congress.
Please contact me if you have any questions.
[[Page 413]]
Very truly yours,
Newt Gingrich.
Resignation Based on a Contingency
Sec. 5.4 A Member, in resigning from the House, may make his
resignation effective at such time as his appointment to an
Executive office is confirmed.
On Dec. 6, 1973,(1) a copy of the letter of resignation
of Rep. Gerald R. Ford, of Michigan, was laid before the House by the
Speaker, following the completion of the joint meeting for the swearing
in of Mr. Ford as Vice President.
---------------------------------------------------------------------------
1. 119 Cong. Rec. 39927, 93d Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C., December 3, 1973.
Hon. Carl Albert,
The Speaker, Washington, D.C.
Dear Mr. Speaker: I enclose a copy of my letter of resignation
as a Representative of the Fifth District of the State of Michigan
in the House of Representatives, effective upon my becoming Vice
President of the United States. As required by Michigan law, this
has been submitted to the Governor and the Secretary of State of
the State of Michigan.
Because it is impossible, I shall not attempt to express my
thanks for your many courtesies or my regret at leaving the House
of Representatives after nearly 25 years.
Warm personal regards,
Gerald R. Ford,
Member of Congress.
Washington, D.C.,
November 30, 1973.
Hon. William G. Milliken,
Governor, State of Michigan,
Lansing, Mich.
Dear Governor Milliken: I am advised by the Speaker of the U.S.
House of Representatives that the final vote on my confirmation as
Vice President of the United States under the provisions of the
25th Amendment to the United States Constitution has been scheduled
for Thursday, December 6, 1973.
Since the precise date and hour cannot be specified in advance,
I am hereby submitting my resignation as a Representative from the
Fifth District of Michigan to be effective upon my becoming Vice
President of the United States.
It has been a great honor and privilege to serve the people of
Michigan for nearly 25 years in the House of Representatives and I
will continue to serve them, together with all the people of the
United States, when I am confirmed in the Vice Presidency.
Warm personal regards,
Gerald R. Ford,
Member of Congress.
Resignation Immediately After Being Sworn-in
Sec. 5.5 When a Senator had been reelected to the Senate and also had
been elected Vice President of the United
[[Page 414]]
States, he submitted his resignation from the Senate to take effect
immediately after his being re-sworn as a Senator.
On Jan. 3, 1961,(1) Lyndon B. Johnson, of Texas,
Senator-elect and Vice President-elect, took the oath as Senator to
begin his third term in the Senate.
---------------------------------------------------------------------------
1. 107 Cong. Rec. 7, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Immediately after administering the oath to Senator Johnson,
outgoing Vice President Richard M. Nixon laid before the Senate a
communication from Senator Johnson advising that he had submitted his
resignation as a Senator to the Governor of Texas effective immediately
after his swearing in as a Senator.(2)
---------------------------------------------------------------------------
2. Mr. Johnson was sworn in as Vice President of the United States on
Jan. 20, 1961. See Id. at p. 1010.
---------------------------------------------------------------------------
The VICE PRESIDENT. The Chair will now read communications from
Senator Johnson of Texas which were sent to the Senate and Governor
of Texas:
U.S. Senate,
Office of the Democratic Leader,
Washington, D.C., December 31, 1960.
The Honorable the Vice President of the United States,
U.S. Senate,
Washington, D.C.
Dear Mr. Vice President: I enclose a copy of a letter addressed
by me to the Governor of Texas tendering my resignation as U.S.
Senator from that State for the term beginning at noon January 3,
1961, effective immediately after I have taken and subscribed to
the required oath in open Senate.
Sincerely yours,
Lyndon B. Johnson.
December 31, 1960.
The Honorable Price Daniel,
Governor of Texas,
Austin, Tex.
Dear Governor Daniel: I hereby tender my resignation as U.S.
Senator from the State of Texas for the term beginning at noon
January 3, 1961, effective immediately after the oath required by
the Constitution and prescribed by law has been taken and
subscribed by me in open Senate as provided by rule II of its
standing rules.
Sincerely yours,
Lyndon B. Johnson.
The VICE PRESIDENT. The Chair lays before the Senate a
communication and telegram from the Governor of Texas.
The communications are as follows:
The State of Texas,
Executive Department,
Austin, Tex., December 31, 1960.
Honorable Richard M. Nixon,
Vice President of the United States and President of the
U.S. Senate, Washington, D.C.
Dear Sir: Having received notice of resignation from Senator
Lyndon B. Johnson effective after his taking the oath of office on
January 3, 1961, I hereby appoint William A. Blakley, of Dallas,
Tex., to the office of U.S.
[[Page 415]]
Senator to succeed Senator Johnson upon his resignation January 3,
1961.
Sincerely yours,
Price Daniel
Governor.
Austin, Tex., January 3, 1961.
Felton M. Johnston,
Secretary of the U.S. Senate,
Washington, D.C.:
Confirming my letter of December 31, I hereby appoint William
A. Blakley, of Dallas, Tex., to the office of U.S. Senator to
succeed Senator Johnson upon his resignation effective after his
taking the oath of office today. Certificate of appointment being
mailed.
Price Daniel,
Governor.
Sec. 5.6 A Member resigned his seat in the House effective as soon as
his successor could be elected.
On Dec. 1, 1944,(1) the Speaker laid before the House
the following communication:
---------------------------------------------------------------------------
1. 90 Cong. Rec. 8689, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D. C.,
November 28, 1944.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
Washington, D. C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Governor of Virginia my resignation as a
Representative in the Congress of the United States from the Third
District of Virginia, to become effective as soon as my successor
can be elected.
Yours sincerely,
Dave E. Satterfield, Jr.
Sec. 5.7 A Member initially submitted his resignation contingent on the
Governor of his State calling a special election to fill the
vacancy created thereby, proposing that such resignation become
effective on the day of that special election but, when the
Governor took no action in response, again submitted his
resignation without condition.
On Jan. 18, 1965,(1) a Member submitted his resignation
to his Governor ``to become effective upon such date as the Governor
may set for a special election to fill the vacancy.'' The Speaker laid
the letter before the House.
1. 111 Cong. Rec. 805, 806, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 13, 1965.
Hon. John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Honorable Donald S.
[[Page 416]]
Russell, Governor of South Carolina, my resignation as a
Representative in the Congress of the United States from the Second
District of South Carolina, the resignation to become effective
upon such date as the Governor may set for a special election to
fill the vacancy. A copy of my letter to the Governor is attached.
Sincerely yours,
Albert Watson.
January 13, 1965.
Hon. Donald S. Russell
Governor of South Carolina,
Columbia, S.C.
Dear Governor Russell: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Second Congressional District of South
Carolina, the resignation to become effective upon such date as you
may set for a special election to fill the vacancy.
I have also informed the Speaker of the House of
Representatives of this action.
Sincerely yours,
Albert Watson.
Parliamentarian's Note: During the 1964 Presidential campaign, Mr.
Watson, elected to the 89th Congress as a Democrat, actively supported
the Republican candidate, Senator Barry M. Goldwater, of Arizona.
Mr. Watson declared his change of party affiliation and announced
his decision to resign so that his constituents could, by their votes
in a special election, indicate their approval or disapproval of his
action. However, the Governor did not call the special election
anticipated by Mr. Watson.
When the Governor declined to act on the resignation (i.e., to
call a special election), Mr. Watson again resigned, this time
unconditionally. On Jan. 28, 1965,(2) the Speaker laid Mr.
Watson's second letter of resignation before the House.
2. Id. at p. 1452.
---------------------------------------------------------------------------
Congress of the United States,
,House of Representatives,
Washington, D.C., January 27, 1965.
The Honorable John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: By letter dated January 13, 1965, I submitted
to the Honorable Donald S. Russell, Governor of South Carolina, my
resignation as a Representative in the Congress of the United
States from the Second District of South Carolina, the resignation
to become effective upon such date as the Governor might set for a
special election to fill the vacancy. You were advised of this
action by letter of the same date.
It now clearly appears that the Governor intends no affirmative
action on this matter. Therefore, I beg leave to inform you that I
have this day transmitted to him my resignation effective upon the
adjournment of the House on Monday, February 1, 1965.
A copy of my letter to the Governor is attached.
[[Page 417]]
Sincerely yours,
Albert Watson,
Member of Congress.
January 27, 1965.
Hon. Donald S. Russell,
Governor of South Carolina,
Columbia, S.C.
Dear Governor Russell: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Second Congressional District of South
Carolina, the resignation to become effective upon the adjournment
of the House on Monday, February 1, 1965.
I have also informed the Speaker of the House of
Representatives of this action.
Sincerely yours,
Albert Watson,
Member of Congress.(3)
---------------------------------------------------------------------------
3. Following Mr. Watson's resignation, a special election was held in
South Carolina, and Mr. Watson, earlier a Democrat, was
reelected to the House as a Republican. See 111 Cong. Rec.
13774, 89th Cong. 1st Sess., June 16, 1965.
---------------------------------------------------------------------------
Sec. 5.8 A Senator submitted his resignation effective on a certain
date or ``at such earlier date as my successor has been elected and
qualified.''
On Jan. 3, 1957,(1) Vice President Richard M. Nixon, of
California, laid before the Senate a copy of a letter dated Sept. 26,
1956, in which a Senator had submitted a resignation to the Governor of
Texas, effective ``January 15, 1957, or at such earlier date as my
successor has been elected and qualified.''
---------------------------------------------------------------------------
1. 103 Cong. Rec. 3, 85th Cong. 1st Sess.
The VICE PRESIDENT. The Chair lays before the Senate a letter
from the junior Senator from Texas [Mr. Daniel] enclosing a copy of
a letter to the Governor of Texas, tendering his resignation as a
Senator, effective as of January 15, 1957. Without objection, the
letter will be printed in the Record and placed on file.
The letter is ordered to be printed in the Record and placed on
file, as follows:
United States Senate,
Washington, D.C., September 26, 1956.
Hon. Allan Shivers,
Governor of Texas,
Austin, Tex.
Dear Governor: Acting under the provisions of section 4 of
article 4.09 of the Texas Election Code, I hereby resign the office
of United States Senator effective January 15, 1957, or at such
earlier date as my successor has been elected and qualified.
From this date forward I shall not draw any salary, but I shall
continue my services in completing pending matters in my Senate
committees and shall be available in the event of a special
session, thereby assuring that Texas has the full representation of
two United States Senators while my successor is being elected.
[[Page 418]]
Although the date of the election, within the time limits
specified in section 1 of article 4.09, is a matter within your
discretion, please permit me to express the hope that it will be
held in time for my successor to take office not later than January
3, the first day of the next Congress.
Sincerely yours,
Price Daniel.
Parliamentarian's Note: The Governor of Texas, taking the view that
no vacancy would be created by the qualified resignation until Jan. 15,
1957, did not call a special election. (Mr. Daniel became Governor of
Texas on Jan. 15, 1957.)
Resignations from House Anticipating Appointments to Fill Vacancies in
Senate
Sec. 5.9 There have been several instances in which the resignation of
a Member of the House was timed to coincide with the resignation of
a Member of the Senate, thereby permitting the executive authority
of the State concerned to appoint the former Representative to fill
the vacant Senate seat.
On Jan. 2, 1971,(1) the Speaker laid before the House a
letter of resignation from a Member who had been appointed to the
Senate to fill a vacancy caused by the resignation of Senator George L.
Murphy, of California, whose term of office was about to expire.
1. 117 Cong. Rec. 44617, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
1:25 p.m., January 2, 1971.
Hon. John McCormack,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Effective immediately I hereby resign from
the House of Representatives.
Sincerely,
John V. Tunney.
In the Senate, on that same day,(2) Senator Michael J.
Mansfield, of Montana, rose to present the certificate of appointment
of former Representative Tunney as a Senator from California.
---------------------------------------------------------------------------
2. Id. at p. 44568.
Presiding Officer Adlai E. Stevenson III, of Illinois, asked that
the clerk first read the letter of resignation of former Senator
Murphy.
Mr. MANSFIELD. Mr. President, I present the certificate of
appointment of the Honorable John V. Tunney as a Senator from the
State of California.
The PRESIDING OFFICER. First, the clerk will read a letter from
the former Senator from California.
The legislative clerk read as follows:
January 2, 1971.
The Vice President,
Executive Office Building,
[[Page 419]]
Washington. D.C.
Dear Mr. Vice President: I herewith submit to you my
resignation as a member of the United States Senate effective as of
1:31 p.m. today.
Sincerely,
George Murphy.
The Presiding Officer then had the certificate of appointment read,
after which Mr. Tunney was escorted to the desk and the oath prescribed
by law was administered to him by the Presiding Officer.(3)
---------------------------------------------------------------------------
3. See Sec. 4.3, supra, where a Senator's resignation was submitted
three days before the expiration of his term so that the
Governor of his State could appoint his successor to fill the
three-day vacancy thereby created, thus providing the successor
with an advantage in seniority over other newly elected
Senators. In that case, the departing Senator's successor was
an incumbent Member of the House who, in order to accept the
appointment to fill the three-day vacancy, resigned as a
Representative on the same day that the Senator resigned.
---------------------------------------------------------------------------
Parliamentarian's Note: Mr. Tunney's resignation from the House was
effective upon submission to the Governor of California. His letter to
the Speaker, resigning from the House ``effective immediately'' was
laid before the House at 1:25 p.m., and he was sworn into the Senate
shortly thereafter.
Effect of Constitutional or Statutory Provisions
Sec. 5.10 A Member's resignation should be timed to avoid any conflict
with constitutional or statutory provisions.
On Feb. 27, 1969,(1) the Speaker laid before the House a
letter from a Member notifying the Speaker that he had submitted his
resignation as a Member of the House to the Governor and Secretary of
State of his State, to be effective on the day of transmittal.
---------------------------------------------------------------------------
1. 115 Cong. Rec. 4734, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., February 27, 1969.
Hon. John W. McCormack,
Speaker of the House of Representatives.
Sir: I beg leave to inform you that I have this day transmitted
to the Governor of Montana and the Secretary of State of Montana,
my resignation as a Representative in the Congress of the United
States from the Second District of Montana, to be effective at 3:30
p.m., eastern standard time, on the above-mentioned date.
James F. Battin,
Member of Congress.
Parliamentarian's Note: Mr. Battin's nomination as a U.S. District
Judge (Second District of Montana) was reported to the Senate on Feb.
25, 1969,(2) and
[[Page 420]]
was confirmed by the Senate on that day. His letter of resignation from
the House specified an effective time of 3:30 p.m., Feb. 27; and he was
sworn in as judge at that precise hour, thus assuming office before
Mar. 1, which would have been the effective date of the pay raise for
Federal judges enacted as a result of Public Law No. 90-206. By
resigning from the House and taking the oath as a district judge before
the salary increase for that position became effective, Mr. Battin
avoided an apparent conflict with the following constitutional
provision: ``No . . . Representative shall, during the Time for which
he was elected, be appointed to any Civil Office under the Authority of
the United States, which shall have been created, or the Emoluments
whereof shall have been increased during such time.''(3)
---------------------------------------------------------------------------
2. Id. at p. 4468.
3. U.S. Const. art. I Sec. 6.
In another instance, on Jan. 15, 1968, upon the reconvening of the
90th Congress,(4) three communications pertaining to the
resignation of Mr. Abraham J. Multer, of New York, were laid before the
House.
---------------------------------------------------------------------------
4. 114 Cong. Rec. 7, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
In his first letter of resignation submitted to the Speaker, dated
Dec. 15, 1967, Mr. Multer had indicated he would resign effective Jan.
1, 1968, to assume the office of Justice of the Supreme Court of New
York. He had been appointed to this post effective Jan. 1, 1968.
The SPEAKER laid before the House the following communications,
which were read:
Congress of the United States,
House of Representatives,
Washington, D.C., December 15, 1967.
Hon. John W. McCormack,
Speaker of the U.S. House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Herewith please find copy of my
resignation submitted to the Secretary of State, State of New
York, as required by law, effective January 1, 1968.
It has been my privilege to have been able to serve with
you these many years under your great leadership. I will always
remember your wise counsel and guidance, as well as, the many
courtesies extended to me. I will treasure forever your
friendship and that of our colleagues with whom I have served.
With warmest personal regards and very best wishes, I am,
Most sincerely,
Abraham J. Multer.
Enclosure.
Congress of the United States,
House of Representatives,
Washington, D.C., December 15, 1967.
Hon. John P. Lomenzo,
Secretary of State,
State of New York,
Albany, N.Y.
Dear Mr. Secretary: Pursuant to the requirements of law, I
hereby
[[Page 421]]
give you notice that I am resigning as a Member of the United
States House of Representatives for the 13th District of New
York effective the first day of January 1968 on which date, I
will assume the office of Justice of the Supreme Court of the
State of New York to which position I was elected on November
7, 1967.
Sincerely yours,
Abraham J. Multer.
Mr. Multer's second letter to the Speaker, dated Dec. 19, 1967,
served as a clarification of his effective date of resignation. To
avoid being placed in the position of holding conflicting offices, he
made his resignation from the House effective midnight, Dec. 31, 1967.
Congress of the United States,
House of Representatives,
December 19, 1967.
Hon. John W. McCormack,
Speaker of the U.S. House of Representatives,
Washington, D.C.
Dear Mr. Speaker: This is to clarify the effective date of my
resignation from the House of Representatives. It is intended that
my resignation be effective as of midnight, December 31, 1967,
since my new post as Justice of the New York State Supreme Court
begins on January 1, 1968.
With warm personal regards and best wishes, I am
Sincerely,
Abraham J. Multer.
Effect of Confirmation of Appointment to Executive Office
Sec. 5.11 A Member's resignation has been laid down after the Member's
appointment to another office.
On Jan. 17, 1969,(1) John Stennis, of Mississippi,
Chairman of the Senate Committee on Armed Services, announced to the
Senate that that committee had voted unanimously in favor of
confirmation of the nominee-designate for Secretary of Defense. This
was done before Inauguration Day (continuing the practice followed in
1953 and 1961), despite the fact that the nomination was not yet
officially before the committee since it could not be made by
President-elect Richard M. Nixon before Jan. 20. The nominee-designate
was a Member of the House, Melvin R. Laird, of Wisconsin, who had taken
the oath of office as a Member of the House on Jan. 3.
---------------------------------------------------------------------------
1. 115 Cong. Rec. 1261, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
After the inauguration of the President on Jan. 20,
1969,(2) the Senate met to receive executive nominations,
among which was that of Mr. Laird to be Secretary of Defense. Mr.
Laird's nomination was confirmed, and Mr. Laird was sworn in as
Secretary of Defense on Jan. 21, 1969, at 8 o'clock a.m.
---------------------------------------------------------------------------
2. Id. at p. 1289.
---------------------------------------------------------------------------
The resignation of Mr. Laird from the House was dated Jan.
[[Page 422]]
21, 1969, the date on which he was sworn in as Secretary of Defense,
and was laid before the House on Jan. 23, 1969,(3) the date
of the reconvening of the House following the inauguration. Mr. Laird's
communication to the Speaker was as follows:
---------------------------------------------------------------------------
3. Id. at p. 1571.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
Speaker of the House of Representatives.
Sir: I beg leave to inform you that I have this day transmitted
to the governor of Wisconsin my resignation as a Representative in
the Congress of the United States from the 7th district of
Wisconsin.
Melvin R. Laird.
Similarly, on May 26, 1969,(4) the resignation of Rep.
Donald Rumsfeld was laid before the House after he had been sworn in as
an official of the Executive Branch. Although the resignation was laid
down after the swearing in, the effective time of his resignation was
earlier than that at which he took the oath.
---------------------------------------------------------------------------
4. Id. at p. 13719.
---------------------------------------------------------------------------
The Honorable the Speaker,
U.S. House of Representatives,
Washington, D.C.
Dear Sir: It is my duty to inform you that I have transmitted
to the Governor of Illinois my resignation as a Representative in
Congress from the 13th Congressional District of the State of
Illinois, to be effective as of midnight, Sunday, May 25, 1969.
As you know, my resignation is caused by my having accepted the
positions of an Assistant to the President and Director of the
Office of Economic Opportunity.
I very much appreciate the privilege of having served with you
and my colleagues in the House, and I thank you for your
cooperation, fairness, assistance, and good will.
Respectfully,
Donald Rumsfeld,
Representative in Congress.
Parliamentarian's Note: Mr. Rumsfeld was administered the oath of
office as Director of the Office of Economic Opportunity and Assistant
to the President at 10 o'clock a.m., May 26, 1969. His letter of
resignation was laid before the House when it convened at noon on the
26th but stated that the resignation was effective as of ``midnight,
Sunday, May 25, 1969.''
Numerous persons have resigned as Representative to take a cabinet
post (see, e.g. Sec. 4.2, supra). However, the following strike a
higher profile.
After having been elected both as Vice President and as a
Representative in the succeeding Congress, then-Speaker John Nance
Garner transmitted to the Governor of Texas his resignation as a
Member-elect.(5)
---------------------------------------------------------------------------
5. 6 Cannon's Precedents Sec. Sec. 230, 453.
---------------------------------------------------------------------------
[[Page 423]]
After having been nominated and confirmed as Vice President
pursuant to the 25th Amendment, Rep. Gerald R. Ford submitted to the
Governor of Michigan a letter of resignation as a Representative, and a
copy of his letter of resignation was laid before the House by the
Speaker following the completion of a joint meeting for his swearing in
as Vice President.(6)
---------------------------------------------------------------------------
6. 119 Cong. Rec. 39927, 93d Cong. 1st Sess., Dec. 6, 1973. See
Sec. 5.4, supra.
---------------------------------------------------------------------------
After having been confirmed as Secretary of Defense, Rep. Richard
B. Cheney submitted a letter of resignation to the Governor of Wyoming,
which was laid before the House before he took the oath of office as
Secretary of Defense.(7)
---------------------------------------------------------------------------
7. 135 Cong. Rec. 4976, 101st Cong. 1st Sess., Mar. 20, 1989.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC.
The Speaker,
The House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Since January 3, 1979, I have had the honor
and privilege of representing the people of Wyoming in the United
States House of Representatives.
On March 10, 1989, President Bush asked me to become his
nominee for Secretary of Defense. The Senate has now confirmed my
nomination, and I will assume this office later today.
I must therefore resign my office as the At-large
Representative from the State of Wyoming effective immediately.
Sincerely,
Dick Cheney.
Done at Washington, DC, this seventeenth day of March, in the
year of our Lord, nineteen hundred and eighty-nine, at 1:01 p.m.
The SPEAKER.(8) A similar letter drafted and
addressed to the Governor of the State of Wyoming will be inserted
in the Record at this point.
---------------------------------------------------------------------------
8. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------
House of Representatives,
Washington, DC.
Hon. Mike Sullivan,
Governor of Wyoming, State Capitol Building, Cheyenne, WY.
Dear Governor Sullivan: Since January 3, 1979, I have had the
honor and privilege of representing the people of Wyoming in the
United States House of Representatives.
On March 10, 1989, President Bush asked me to become his
nominee for Secretary of Defense. The Senate has now confirmed my
nomination, and I will assume this office later today.
I must therefore resign my office as the At-large
Representative from the State of Wyoming effective immediately.
Best regards,
Dick Cheney.
After having been reelected as Representative from the Sixth
District of Georgia for the 106th Congress, Speaker Newt Gingrich held
the office of Speaker and his seat in the Sixth District of Georgia
through the expiration of the
[[Page 424]]
105th Congress but created a vacancy for the 106th Congress by
``withdrawing'' (the term used in Georgia law) as Representative-elect
from that district.(9)
---------------------------------------------------------------------------
9. 145 Cong. Rec. 42, 106th Cong. 1st Sess., Dec. 17, 1998. See
Sec. 5.3, supra.
---------------------------------------------------------------------------
State Law as Affecting Time of Resignation
Sec. 5.12 Whether a resignation may specify a future effective date is
a question of State law.
On Nov. 26, 1951, Rep. T. Vincent Quinn, of New York, submitted his
resignation to take effect as of a future date, a procedure that was
not permissible under the applicable State statute. On Jan. 8,
1952,(1) the Speaker laid Mr. Quinn's resignation before the
House in a form permitted under New York law.
---------------------------------------------------------------------------
1. 98 Cong. Rec. 14, 15, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
December 30, 1951.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D. C.
My Dear Mr. Speaker: I wrote you on November 26, 1951, advising
you that I had transmitted my resignation as a Member of Congress
to the Governor of the State of New York to take effect on December
31, 1951.
I have since been informed by the secretary to the Governor
that the laws of the State of New York do not permit a resignation
by a Member of the House of Representatives to take effect at a
future date. The resignation must be effective immediately. For
this reason I have requested that my former resignation be
considered a nullity and have transmitted another resignation
today. A copy of this resignation is enclosed.
May I again thank you for all your kindness to me and wish you
a happy and blessed New Year.
Sincerely yours,
Vincent,
T. Vincent Quinn,
Member of Congress.
[[Page 425]]
[Page 425-455]
CHAPTER 37
Resignations
C. Resignations from Committees and Delegations
Sec. 6. Procedures and Forms
The request of a Member of the House to be relieved from service on
a committee of the House is submitted to the House for approval, and
the Member's resignation from membership on the committee may or may
not be accepted.(1) Although there were instances in the
earlier practice where a Member's request to be excused from committee
service was refused,(2) in modern practice the resignation
of a Member from a committee is routinely accepted.
---------------------------------------------------------------------------
1. 4 Hinds' Precedents Sec. Sec. 4494 et seq. For a discussion of
resignation from conference committees, see Ch. 33, supra.
2. 4 Hinds' Precedents Sec. Sec. 4500-4505.
---------------------------------------------------------------------------
-------------------
Procedure for Acceptance
Sec. 6.1 The resignation of a Member from a committee--whether as a
member of the committee or as its chair--is laid before the House
and accepted by unanimous consent.(1)
---------------------------------------------------------------------------
1. Parliamentarian's Note: In addition to acceptance of the
resignation of a Member from a committee, the House may remove
a Member from a committee assignment by adoption of a
resolution, for example, electing certain Members to a standing
committee in lieu of other Members. Because under Rule X clause
5(a)(1) (House Rules and Manual Sec. 757 [2007]) a resolution
proposing to ``change the composition'' of a standing committee
is privileged if offered by direction of the party caucus or
conference concerned, a resolution electing Members to standing
committees has effectively removed Members erroneously named in
a previous resolution by electing new Members ``in lieu of''
those erroneously elected. On Feb. 6, 1997, the House
considered as privileged and adopted a resolution (see H. Res.
42 at 143 Cong. Rec. 1687, 105th Cong. 1st Sess.) electing
certain Members to standing committees ``in lieu of'' Members
erroneously named in a previous resolution, effectively
removing certain Members from mistaken committee assignments
without requiring resignations. (See also Sec. 6.6, infra.)
However, it is more traditional for the House to act on actual
resignations.
---------------------------------------------------------------------------
On June 29, 2006,(2) the House by unanimous consent
accepted the resignation of a Member from a standing committee and
considered and adopted a resolution to elect a Member to sundry
standing committees.(3)
---------------------------------------------------------------------------
2. 152 Cong. Rec. 13700, 109th Cong. 2d Sess.
3. Parliamentarian's Note: The resolution was not privileged only
because it was not offered by direction of the caucus or
conference concerned.
---------------------------------------------------------------------------
[[Page 426]]
RESIGNATION AS MEMBER OF COMMITTEE ON ARMED SERVICES
The SPEAKER pro tempore(4) laid before the House the
following resignation as a member of the Committee on Armed
Services:
---------------------------------------------------------------------------
4. Michael Simpson (ID).
Congress of the United States,
House of Representatives,
Washington, DC, June 29, 2006.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: This letter is to advise you that, effective
today, I am resigning my seat on the House Committee on Armed
Services.
Thank you for your attention to this matter.
Sincerely,
Howard P. ``Buck'' McKeon,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
{time} 1930 -------------------
ELECTION OF MEMBER TO CERTAIN STANDING COMMITTEES OF THE HOUSE
Mr. [Tom] PRICE of Georgia. Mr. Speaker, I offer a resolution
(H. Res. 902) and I ask unanimous consent for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 902
Resolved, that the following Member be and is hereby
elected to the following standing committees of the House of
Representatives:
Committee on Armed Services: Mr. [Brian P.] Bilbray [of
California].
Committee on Government Reform: Mr. Bilbray.
Committee on Veterans' Affairs: Mr. Bilbray.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Georgia?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.
On Feb. 28, 2006,(5) the Speaker pro
tempore(6) laid before the House the following resignation
as a member of the Committee on Education and the Workforce:
5. 152 Cong. Rec. 2200, 109th Cong. 2d Sess.
6. Robert B. Aderholt (AL).
House of Representatives,
Washington, DC, February 16, 2006.
Hon. J. Dennis Hastert,
Speaker, U.S. House of Representatives,
U.S. Capitol, Washington, DC.
Dear Mr. Speaker, Effective today, February 16th, I resign my
seat on the Committee on Education pending my appointment to the
Committee on Transportation and Infrastructure.
Sincerely,
John Barrow.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Feb. 8, 2006,(7) the Speaker pro
tempore(8) laid before the
[[Page 427]]
House the following resignation as a member of the Committee on
Financial Services:
---------------------------------------------------------------------------
7. 152 Cong. Rec. 1080, 109th Cong. 2d Sess.
8. Dennis R. Rehberg (MT).
Congress of the United States,
House of Representatives,
Washington, DC, February 8, 2006.
Hon. Dennis Hastert,
Speaker of the House,
Washington, DC.
Dear Speaker Hastert: I hereby respectfully resign my seat on
the Committee on Financial Services, effective immediately. Thank
you for the opportunity to serve on this important committee.
Sincerely,
Peter T. King,
Member of Congress
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
Also on Feb. 8, 2006,(9) the Speaker pro
tempore(10) laid before the House the following resignation
as a member of the Committee on the Budget:
9. 152 Cong. Rec. 1050, 109th Cong. 2d Sess.
10. Phil Gingrey (GA).
Congress of the United States,
House of Representatives,
Washington, DC, February 8, 2006.
Dear Speaker Hastert: I respectfully resign my seat on the
House Budget Committee effective immediately. Thank you very much
for giving me the opportunity to serve on this important committee.
Sincerely,
Ileana Ros-Lehtinen,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Feb. 7, 2006,(11) the Speaker pro
tempore(12) laid before the House the following resignation
as a member of the Committee on Energy and Commerce:
---------------------------------------------------------------------------
11. 152 Cong. Rec. 989, 109th Cong. 2d Sess.
12. John Campbell (CA).
Congress of the United States,
House of Representatives,
Washington, DC, February 7, 2006.
Hon. J. Dennis Hastert,
Speaker, House of the Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby respectfully resign my seat on the
House Energy and Commerce Committee effective February 7, 2006. I
would like to express my deep gratitude to you and Chairman Barton
for the opportunity to serve and look forward to continuing to work
with you in the future.
Sincerely,
J. Gresham Barrett,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Sept. 26, 2005,(13) the House accepted the
resignation of a Member from the Select Bipartisan Committee to
Investigate
[[Page 428]]
the Preparation for and Response to Hurricane Katrina.
---------------------------------------------------------------------------
13. 151 Cong. Rec. 21177, 21178, 109th Cong. 1st Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER AND APPOINTMENT OF MEMBER TO SELECT
BIPARTISAN COMMITTEE TO INVESTIGATE THE PREPARATION FOR AND
RESPONSE TO HURRICANE KATRINA
The SPEAKER pro tempore(14) laid before the House
the following resignation as a member of the Select Bipartisan
Committee to Investigate the Preparation for and Response to
Hurricane Katrina:
---------------------------------------------------------------------------
14. John Boozman (AR).
House of Representatives,
Washington, DC, September 23, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby resign as a member of the Select
Bipartisan Committee to Investigate the Preparation for and
Response to Hurricane Katrina.
This resignation is made necessary by the fact that most of the
Select Committee's hearings will conflict with business of the
Committee on the Judiciary, thus making it impossible for me to
actively participate in the Select Committee's activities.
Thank you for your confidence in me.
Sincerely,
F. James Sensenbrenner, Jr.,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Feb. 16, 2005,(15) the following resignations were
laid before the House:
---------------------------------------------------------------------------
15. 151 Cong. Rec. H664, H665 [Daily Ed.], 109th Cong. 1st Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON SCIENCE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Science:
Congress of the United States,
House of Representatives,
Washington, DC, February 15, 2005.
Hon. Dennis Hastert,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Speaker Hastert: I respectfully request that you permit me
to vacate my seat on the House Science Committee as soon as
possible. I am hopeful that I would be able to retain my seniority
position on this committee should I seek to return in a future
Congress. I have greatly enjoyed my service on the House Science
Committee.
Thank you for your kind consideration of this request.
Sincerely,
Zoe Lofgren,
Member of Congress.
The SPEAKER pro tempore (Mr. LaTourette).(16)
Without objection, the resignation is accepted.
---------------------------------------------------------------------------
16. Steven C. LaTourette (OH).
---------------------------------------------------------------------------
There was no
objection. -------------------
ELECTION OF MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE
Mr. [Robert] MENENDEZ [of New Jersey]. Mr. Speaker, by
direction of the Democratic Caucus, I offer a privileged resolution
(H. Res. 111) and ask for its immediate consideration.
[[Page 429]]
The Clerk read the resolution, as follows:
H. Res. 111
Resolved, That the following named Members be and are
hereby elected to the following standing committees of the
House of Representatives:
(1) Committee on House Administration.--Ms. Zoe Lofgren of
California.
(2) Committee on Small Business.--Ms. Moore of Wisconsin.
Mr. MENENDEZ (during the reading.) Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from New Jersey?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.
On Feb. 9, 2005,(17) the Speaker pro
tempore(18) laid before the House the following
resignations:
---------------------------------------------------------------------------
17. 151 Cong. Rec. 1871, 109th Cong. 1st Sess. See also 151 Cong. Rec.
22711, 109th Cong. 1st Sess., Oct. 7, 2005.
18. Jo Ann Emerson (MO).
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE
The SPEAKER pro tempore (Mrs. Emerson) laid before the House
the following resignation from the Committee on Transportation and
Infrastructure:
House of Representatives,
Washington, DC, February 8, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Hastert: Effective immediately I am resigning my
position on the House Transportation and Infrastructure Committee.
It has been a pleasure to serve on the Committee, and I will
continue to support the Committee to achieve its legislative goals.
However, because of my recent appointment to the House Financial
Services Committee and the House Homeland Security Committee as
well as my continued service on the House Resources Committee, it
is necessary for me to resign from the Transportation and
Infrastructure Committee.
Mr. Speaker, thank you for appointing me to the House Financial
Services and Homeland Security Committees. I look forward to these
new Committee assignments and working to advance the Majority
agenda. Your help was critical and I greatly appreciate your effort
on my behalf.
Thank you for your support and for accepting my resignation
from the House Transportation and Infrastructure Committee. If you
have any questions, please contact me.
Sincerely,
Stevan Pearce,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
[[Page 430]]
-------------------RESIGNATION AS
MEMBER OF COMMITTEE ON GOVERNMENT REFORM
The SPEAKER pro tempore laid before the House the following
resignation from the Committee on Government Reform.
House of Representatives,
Washington, DC, February 8, 2005.
Hon. J. Dennis Hastert,
Office of the Speaker,
U.S. Capitol, Washington DC.
Dear Mr. Speaker: I respectfully resign from the Committee on
Government Reform, effective immediately.
Sincerely,
Katherine Harris,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Jan. 26, 2005,(19) the Speaker pro
tempore(20) laid the following resignations before the
House:
---------------------------------------------------------------------------
19. 151 Cong. Rec. 835, 109th Cong. 1st Sess.
20. Darrell E. Issa (CA).
---------------------------------------------------------------------------
RESIGNATION AS A MEMBER OF HOUSE COMMITTEE ON INTERNATIONAL
RELATIONS
The Speaker pro tempore laid before the House the following
resignation as a member of the House Committee on International
Relations.
House of Representatives,
Washington, DC, January 26, 2005.
Hon. J. Dennis Hastert,
Office of the Speaker,
U.S. Capitol,
Washington D.C.
Dear Mr. Speaker: Please consider this letter as my
resignation, as of this date, as a member of the House Committee on
International Relations. I have appreciated the opportunity to
serve as a member of this committee and have enjoyed my eight years
of service.
With every good wish, I am
Sincerely yours,
John M. McHugh,
Member of Congress.
The SPEAKER pro tempore (Mr. Tiberi).(21) Without
objection, the resignation is accepted.
---------------------------------------------------------------------------
21. Patrick J. Tiberi (OH).
---------------------------------------------------------------------------
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON VETERANS' AFFAIRS
The Speaker pro tempore laid before the House the following
resignation as a member of the Committee on Veterans' Affairs.
Effective today, January 26, 2005, I am resigning from the
Committee on Veterans' Affairs.
Rick G. Renzi,
U.S. Congressman,
1st District of Arizona.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Oct. 7, 2004,(22) the Speaker pro
tempore(23) laid before the
[[Page 431]]
House the following resignation from a Member of the Committee on
Government Reform.
---------------------------------------------------------------------------
22. 150 Cong. Rec. 21923, 108th Cong. 2d Sess.
23. Jim Gerlach (PA).
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON GOVERNMENT REFORM
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Government Reform:
Congress of the United States,
House of Representatives,
Washington, DC, October 6, 2004.
Speaker Dennis Hastert,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: With this letter, please accept my
resignation from the House Committee on Government Reform,
effective immediately.
Should you have any questions, please feel free to contact me.
With kind regards, I am
Sincerely,
Eric Cantor,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Apr. 27, 2004,(24) by unanimous consent, the House
accepted the resignation of a Member from the Select Committee on
Homeland Security, whereupon the Speaker filled the vacancy by
appointment pursuant to Sec. 4 of House Resolution 5, 108th Congress
(the select committee charter).(25)
---------------------------------------------------------------------------
24. 150 Cong. Rec. 7602, 108th Cong. 2d Sess.
25. See 149 Cong. Rec. 11, 108th Cong. 1st Sess., Jan. 7, 2003.
Parliamentarian's Note: As indicated in the letter, Rep.
Tauzin's membership on the select committee was by virtue of
his chairmanship of the Committee on Energy and Commerce.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER AND APPOINTMENT OF MEMBER TO SELECT
COMMITTEE ON HOMELAND SECURITY
The SPEAKER pro tempore laid before the House the following
resignation as member of the Select Committee on Homeland Security:
House of Representatives,
Washington, DC, April 23, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Please accept this letter as my resignation
as a member of the Select Committee on Homeland Security, effective
immediately. I realize that I served on the Select Committee due to
my role as Chairman of the Energy and Commerce Committee. I no
longer hold the position of Chairman, thus I resign from the other.
Thank you for your assistance in this matter.
Sincerely,
W.J. ``Billy'' Tauzin,
Member of Congress.
The SPEAKER pro tempore (Mr. Burgess).(26) The
resignation is accepted.
---------------------------------------------------------------------------
26. Michael C. Burgess (TX).
---------------------------------------------------------------------------
There was no objection.
The SPEAKER pro tempore. Pursuant to section 4 of House
Resolution 5, 108th Congress, and the order of the House of
December 8, 2003, the Chair
[[Page 432]]
announces the Speaker's appointment of the gentleman from Texas
(Mr. Barton) of the House to the Select Committee on Homeland
Security to fill the existing vacancy thereon, and to rank
immediately after the gentleman from New York (Mr. Boehlert).
There was no
objection. -------------------
CORRECTION TO THE CONGRESSIONAL RECORD OF TUESDAY, APRIL 27,
2004 AT PAGE H2395(27)
---------------------------------------------------------------------------
27. See 150 Cong. Rec. 7967, 108th Cong. 2d Sess., Apr. 27, 2004.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER AND APPOINTMENT OF MEMBER TO SELECT
COMMITTEE ON HOMELAND SECURITY
The SPEAKER pro tempore laid before the House the following
resignation as member of the Select Committee on Homeland Security:
House of Representatives,
Washington, DC, April 23, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Please accept this letter as my resignation
as a member of the Select Committee on Homeland Security, effective
immediately. I realize that I served on the Select Committee due to
my role as Chairman of the Energy and Commerce Committee. I no
longer hold the position of Chairman, thus I resign from the other.
Thank you for your assistance in this matter.
Sincerely,
W.J. ``Billy'' Tauzin,
Member of Congress.
The SPEAKER pro tempore (Mr. Burgess). Without objection, the
resignation is accepted.
There was no objection.
The SPEAKER pro tempore. Pursuant to section 4 of House
Resolution 5, 108th Congress, and the order of the House of
December 8, 2003, the Chair announces the Speaker's appointment of
the following Member of the House to the Select Committee on
Homeland Security to fill the existing vacancy thereon:
The gentleman from Texas (Mr. [Joe] Barton) to rank immediately
after the gentleman from New York (Mr. [Sherwood] Boehlert).
On Feb. 26, 2004,(28) the House by unanimous consent
accepted the resignation of a Member as chairman of a standing
committee (on which he continued to serve).
---------------------------------------------------------------------------
28. 150 Cong. Rec. 2577, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
Under Rule X clause 5(a)(1),(29) a resolution to
establish the rank of a member on a standing committee is privileged if
offered at the direction of the caucus or conference concerned.
---------------------------------------------------------------------------
29. House Rules and Manual Sec. 757 (2007).
---------------------------------------------------------------------------
The House by unanimous consent adopted a resolution electing a
member of a standing committee to serve as its chairman and to re-
establish the rank of the erstwhile chairman whose resignation created
the vacancy.
The House also by unanimous consent accepted the resignation
[[Page 433]]
from a standing committee of a Member who had just been elevated to
chairman of another standing committee.
The proceedings were as follows:
RESIGNATION AS CHAIRMAN AND ELECTION AS CHAIRMAN OF THE
COMMITTEE ON ENERGY AND COMMERCE
The SPEAKER pro tempore laid before the House the following
resignation as chairman of the Committee on Energy and Commerce:
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, February 11, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Please accept this letter as my resignation
as Chairman of the House Committee on Energy and Commerce,
effective at midnight on February 16, 2004.
Thank you for your assistance in this matter.
Sincerely,
W.J. ``Billy'' Tauzin,
Chairman.
The SPEAKER pro tempore.(30) Without objection, the
resignation is accepted.
---------------------------------------------------------------------------
30. Ray LaHood (IL).
---------------------------------------------------------------------------
There was no objection.
Mr. [David] DREIER [of California]. Mr. Speaker, I offer a
resolution (H. Res. 539) and ask unanimous consent for its
immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 539
Resolved, That the following named Member be, and that he
hereby is, elected to the following standing committee of the
House of Representatives:
Committee on Energy and Commerce: Mr. Barton of Texas,
Chairman.
Resolved, That the following named Member be, and that he
hereby is, ranked as follows on the following standing
committee of the House of Representatives:
Committee on Energy and Commerce: Mr. Tauzin, after Mr.
Barton of Texas.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table. . .
. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON SCIENCE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Science:
House of Representatives,
Washington, DC, February 25, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby resign as a Member of the Science
Committee.
Sincerely,
Joe Barton,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
[[Page 434]]
There was no objection.
On Mar. 5, 2003,(31) a privileged resolution was
submitted by direction of the Democratic Caucus electing a minority
member to a standing committee, whereupon the House accepted by
unanimous consent the resignation of the Member so-elected. The
proceedings are as follows:
---------------------------------------------------------------------------
31. 149 Cong. Rec. 5120, 5121, 108th Cong. 1st Sess.
---------------------------------------------------------------------------
Ms. [Rosa L.] DeLAURO [of Connecticut]. Madam Speaker, by
direction of the Democratic Caucus, I offer a privileged resolution
(H. Res. 123) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 123
Resolved, That the following named Member be and is hereby
elected to the following standing committee of the House of
Representatives:
Committee on Armed Services: Mr. Ruppersberger (to rank
immediately after Mr. Alexander).
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON ARMED SERVICES
The SPEAKER pro tempore(32) laid before the House
the following resignation as a member of the Committee on Armed
Services:
---------------------------------------------------------------------------
32. Sue Wilkins Myrick (NC).
Congress of the United States,
House of Representatives,
Washington, DC, March 5, 2003.
The Speaker,
House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Effective March 5, 2003, I hereby take a
leave of absence from the Committee on Armed Services due to my
appointments to the Permanent Select Committee on Intelligence and
the Committee on Government Reform.
Sincerely,
C.A. Dutch Ruppersberger,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Aug. 5, 1999,(33) Speaker pro tempore Edward A.
Pease, of Indiana, laid before the House the following communication
from a Member resigning from a standing committee (even while
continuing to serve as conferee ostensibly from that committee).
---------------------------------------------------------------------------
33. 145 Cong. Rec. 20215, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
Gary L. Ackerman,
Congress of the United States,
5th District, New York, August 5, 1999.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: This letter is to inform you of that I do
hereby resign
[[Page 435]]
from the Committee on Banking and Financial Services, effective
immediately.
Sincerely,
Gary L. Ackerman,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Oct. 4, 1996,(34) Speaker pro tempore Robert S.
Walker, of Pennsylvania, laid before the House the following
communication from a Member resigning his seat on a select committee,
which was read by the Clerk:
---------------------------------------------------------------------------
34. 142 Cong. Rec. 27348, 104th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, October 3, 1996.
Speaker Newt Gingrich,
U.S. House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Effective today, October 3, 1996, I
respectfully resign from the House Intelligence Committee.
With kindest personal regards, I remain
Very truly yours,
Ronald D. Coleman,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
The SPEAKER pro tempore. Without objection, and pursuant to the
provisions of clause 1 of rule XLVIII and clause 6(f) of rule X,
the Chair announces the Speaker's appointment of the gentleman from
New Mexico [Mr. Richardson] to the Permanent Select Committee on
Intelligence to fill the existing vacancy thereon and to rank after
the gentleman from Washington [Mr. Dicks].
There was no objection.
On Sept. 27, 1996,(35) Speaker pro tempore Mac
Thornberry, of Texas, laid before the House the following communication
from a Member resigning his seat on a select committee, which was read
by the Clerk:
---------------------------------------------------------------------------
35. 142 Cong. Rec. 25603, 104th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, September 27, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: I hereby resign my seat on the House
Intelligence Committee effective today.
I appreciate the opportunity to serve on the committee beyond
my allotted time. Your efforts to accommodate my many international
assignments have been most helpful.
I look forward to serving on the committee in the future.
Sincerely,
Bill Richardson,
Chief Deputy Whip.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
[[Page 436]]
There was no objection.
The SPEAKER pro tempore. Without objection, and pursuant to the
provisions of clause 1 of rule XLVIII and clause 6(f) of rule X,
the Chair announces the Speaker's appointment of the gentlewoman
from California [Ms. Harman] to the Permanent Select Committee on
Intelligence to fill the existing vacancy thereon and to rank after
the gentlewoman from California [Ms. Pelosi].
There was no objection.
On Feb. 28, 1991,(36) the Speaker laid before the House
the following communication from a Member resigning as chairman (though
not as a member) of a select committee, which was read by the Clerk:
---------------------------------------------------------------------------
36. 137 Cong. Rec. 4618, 102d Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, February 27, 1991.
Hon. Thomas S. Foley,
Speaker of the House,
House of Representatives,
The Capitol.
Dear Mr. Speaker: Over the past eight years, I have had the
high honor and privilege of serving as the first chairman of the
House Select Committee on Children, Youth, and Families. I am
grateful to you, and your two predecessors as Speaker, for
appointing me to this position which has been among my most
gratifying responsibilities during my service in the Congress of
the United States.
The goal of the Select Committee has been to identify the most
critical issues confronting America's children and families, to
examine the impact and potential of public policies, and to make
recommendations to standing committees of the Congress for
legislation to promote the healthy development of young Americans
and their families.
Because of the dedicated work of the members of the House
Select Committee over the years, the innumerable contributions of
the outstanding staff, and the participation of experts,
researchers and advocates from throughout the United States, we
have fulfilled that important mission at a time when much of the
government was abandoning or ignoring its responsibilities to
children. And the Congress has responded, by enacting important
legislation on child care, child health, foster care, preventive
services, mental health, education and nutrition--all developed in
large part by the work of the House Select Committee on Children,
Youth, and Families.
Despite these many achievements, a great deal still needs to be
done for America's children. Far too many remain in poverty, at
risk of birth defects, subject to horrendous living conditions and
victimized by child abuse, enduring inadequate educational programs
that leave them uneducated and unemployable, suffering malnutrition
and preventable diseases. I also know how much time must be devoted
to addressing these issues and to producing the highest quality
work product which can serve as the basis for action by the
Congress in addressing these remaining critical problems.
The action of the House of Representatives in conveying to me,
as Vice Chairman of the Committee on
[[Page 437]]
Interior and Insular Affairs, the responsibilities of the chairman,
places many new and pressing duties upon me. Urgent national issues
including the Western drought and national energy policy demand my
fullest attention and energies, as does the management of this
Committee. I do not believe it would be fair either to the
Committee on Interior and Insular Affairs or the Select Committee
on Children, Youth, and Families to attempt to perform both
responsibilities concurrently.
Accordingly, I must very regrettably submit my resignation to
you as the chairman of the Select Committee on Children, Youth, and
Families, to be effective upon your appointment of a new chairman.
This is certainly the most difficult personal decision of my
sixteen years in Congress, but it is the right decision for the
Select Committee and its important constituency, our nation's
children. I certainly intend to work closely with whomever you
select as the new chair to facilitate a smooth transition and to
assure that the crucial work of the Committee continues
uninterrupted.
The Select Committee must continue to ``hold up a mirror for
America to see its children,'' as we originally promised, and to
serve as the unique group within the Congress that can frame these
complex issues, conduct the essential investigative and analytical
work, and then convert our findings into sound public policy.
I look forward to continuing to provide that leadership as a
member of the Select Committee under the new chairman in the years
to come. I wish again to extend to you, and to Speakers Wright and
O'Neill, my deep personal gratitude for having placed your
confidence in me as chairman of the Select Committee on Children,
Youth, and Families during these past eight years.
Sincerely,
George Miller,
Chairman, Select Committee on
Children, Youth, and Families.
On Jan. 30, 1991,(37) Speaker pro tempore Steny Hoyer,
of Maryland, laid before the House the following communication from a
Member resigning his seat on a standing committee, which was read by
the Clerk:
---------------------------------------------------------------------------
37. 137 Cong. Rec. 2556, 102d Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, January 29, 1991.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Due to my increased responsibilities on the
House Appropriations Committee, I herewith tender my resignation as
a member of the Committee on the Budget and request its acceptance
as soon as possible under the rules of the House.
Sincerely,
Dean A. Gallo,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On June 21, 1976,(38) the Speaker laid before the House
the following communication from a
[[Page 438]]
Member resigning as chairman (though not as a member) of a standing
committee, which was read by the Clerk:
---------------------------------------------------------------------------
38. 122 Cong. Rec. 19449, 94th Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D.C.
June 21, 1976.
Hon. Carl Albert,
Speaker of the House,
Washington, D.C.
Dear Mr. Speaker: The charges which have been made against me
and the current state of my health make it impossible for me to
devote the time necessary to carry out my responsibilities as
Chairman of the House Administration Committee.
I, therefore, have decided to step down as Chairman of that
Committee.
I am confident that I will be vindicated as to any wrong-doing,
and when that occurs, I shall ask for a re-examination of my
position by the Caucus.
With kind personal regards, I am,
Very sincerely yours,
Wayne L. Hays,
Chairman.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On May 4, 1971,(39) the Speaker laid before the House a
letter from the chairman of the Committee on Banking and Currency,
resigning as a member of the Select Committee on Small Business, which
was thereupon accepted by the House.
---------------------------------------------------------------------------
39. 117 Cong. Rec. 13327, 13328, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.
May 1, 1971.
Hon. Carl Albert,
The Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: This letter is to inform you of the fact that
I am tendering my resignation as a member of the Select Committee
on Small Business.
It has been a most rewarding experience to have been a member
of this Select Committee since it was originally created by
resolution which I introduced in 1941.
Unfortunately, because of the press of other duties I feel it
would be in the best interest of the Congress to take this action
and allow another Member to assume the responsibilities in my place
on this most important Committee.
I do not wish to in any way imply that my action in this
instance signifies any diminution in my interest in the problems
and prospects of small business and wish to assure the Congress and
small business throughout the country that I shall continue to
maintain my interest in this area and work toward the solution of
problems which confront and beset this most vital part of our free
enterprise system.
Sincerely,
Wright Patman,
Chairman.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On Oct. 14, 1965,(40) a letter of resignation of a
Member from a
[[Page 439]]
standing committee was laid before the House and
accepted:(41)
---------------------------------------------------------------------------
40. 111 Cong. Rec. 27013, 89th Cong. 1st Sess.
41. For other examples of resignations from a committee, see 107 Cong.
Rec. 21201, 87th Cong. 1st Sess., Sept. 25, 1961; and 105 Cong.
Rec. 840, 86th Cong. 1st Sess., Jan. 19, 1959.
---------------------------------------------------------------------------
Congress of the United States
House of Representatives,
Washington, D.C., September 20, 1965.
The Honorable John W. McCormack,
Speaker, U.S. House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: With regret, I find it necessary to resign my
membership to the House Post Office and Civil Service Committee.
It was a great deal of pleasure serving with this distinguished
group, which is and has done such constructive work for the
Congress and the Nation.
With kind personal regards, I am,
Sincerely yours,
Harley O. Staggers.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On July 27, 1947,(42) the Speaker laid before the House
the following communication from a Member resigning from a joint
committee, which was read by the Clerk:
---------------------------------------------------------------------------
42. 93 Cong. Rec. 10078, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, D. C., July 24, 1947.
Hon. Joseph W. Martin,
Speaker of the House of Representatives.
Dear Mr. Speaker: I hereby tender my resignation from the Joint
Committee on Printing.
Sincerely,
Tom Pickett,
Member of Congress,
Seventh District of Texas.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
Sec. 6.2 The resignation of a Member from a committee presents a
question of privilege; when a letter of resignation is laid before
the House, the pending question is whether the House will accept
the resignation; if there is to be debate, the Member who submits
the letter is recognized for one hour.
On Mar. 8, 1977,(1) the Speaker laid before the House
the following communication from a Member resigning both as chairman
and as a member of a select committee, which was read by the Clerk:
---------------------------------------------------------------------------
1. 123 Cong. Rec. 6580, 6581, 95th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
March 1, 1977.
Hon. Thomas P. (Tip) O'Neill,
The Speaker of the House,
[[Page 440]]
Washington, D.C.
Dear Mr. Speaker: I feel keenly the responsibilities placed on
me as Chairman of the House Select Committee on Assassinations. At
the outset, I pledged to you, the Majority Leader, and to the
House, that I would see that Committee operated in a credible,
responsible and productive manner.
In your widely reported public statements, you expressed
concern about the Committee chief counsel's budget demands, his
advocacy of extremely questionable investigative techniques and his
general conduct. You made statements to the effect that Henry
Gonzalez would make policy, not the Committee counsel. Clearly, you
expected me to resolve these problems and bring the Committee into
acceptable condition.
Against that background, I assumed Chairmanship of this
Committee. I was expected to rectify the problems that had
accumulated through months of neglect and the virtually free hand
given to the Committee's ambitious chief counsel.
With the responsibility that I had and the expectations so
clearly expressed by the House Leadership, and with your
appointment, I could only assume that the Leadership would support
my efforts to provide direction and a sense of responsibility to
the Committee.
I made intense efforts to enlist the support of my colleagues
on the Committee. Immediately after passage of House Resolution
222, I asked for an informal meeting. Nothing was possible on that
day, February 2, or on the following two days, despite the fact
that I tried to reach each Member personally. I arranged for a
private meeting the following Monday, February 7, where I laid out
some of the problems confronting the Committee. I told of the
urgent need to make financial adjustments, and asked for
assistance. I asked the chief counsel to let the Committee know
what positions were least essential, since even then employees had
been forced into a 35 per cent pay cut. At a meeting the next day,
Tuesday, he refused and followed this by convening staff pep
rallies generally aimed at maligning me personally and undermining
my authority as Chairman.
I felt that since Mr. Sprague refused to produce any kind of
information on which the Committee could make rational budget
decisions, and since he pursued a deliberate course of action to
undermine me with Members of the Committee and staff, alike, I had
no recourse but to dismiss him, which I did.
I made every effort to inform my Colleagues on the Committee of
my action and the reasons for it. I informed you, through letters,
and made repeated attempts to reach you by telephone, but to no
avail. I prepared to discuss the situation at a February 16
Committee meeting, only to see the meeting adjourned without any
action.
No one in my position could have acted in any way other than as
I did. I found in the Committee an administrative nightmare; I
found a chief counsel who assumed full powers of the Committee,
itself, (and by implication usurped the powers of the House,
itself); a chief counsel who was insubordinate and insulting, not
to mention disloyal. I found unjustifiable salaries, unjustified
employees, and reckless, inexplicable financial obligations. I had
a
[[Page 441]]
responsibility to act, and no one has yet demonstrated that I acted
wrongly or without full cause.
During the past several days I have been ill and unable to
return to Washington. Notwithstanding my illness and absence,
several of my Colleagues on the Committee appear to be interested
in usurping even my ministerial powers. I do not know whether the
Leadership is aware of these events, nor what Leadership efforts
have been made, in any, to insist that the Committee function
within the Rules of the House.
It seems clear now that the House Leadership is unwilling to
offer me support. Yet, I cannot bring myself to sign pay vouchers
for an unscrupulous individual, an unconscionable scoundrel, and no
power on earth can compel me to do so. I will not compromise my own
standards or integrity and I will not accept any arrangement that
saves face at the expense of the Constitutional obligations, the
integrity, the prestige and the honor of the House.
Under the circumstances that now exist, I have no alternative
but to resign from the Select Committee on Assassinations herewith.
With warmest personal regards.
Sincerely yours,
Henry B. Gonzalez,
Member of Congress, Chairman.
Objection having been heard to a request by unanimous consent to
accept the resignation, the House considered the letter as a question
of privilege.
The House voted to accept the resignation.
On June 16, 1975,(2) the Speaker laid before the House
the following communication from a Member resigning his seat on a
select committee, which was read by the Clerk:
---------------------------------------------------------------------------
2. 121 Cong. Rec. 19054-61, 94th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
June 12, 1975.
Hon. Carl Albert,
Speaker of the House,
Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as a member
and as Chairman of the House Select Committee on Intelligence
effective as of this date.
Respectfully,
Lucien N. Nedzi,
Member of Congress.
The question was put should the resignation of Mr. Nedzi be
accepted. After debate, the House voted to reject the resignation.
Sec. 6.3 A communication from a Member surrendering a seat on a
standing committee, even if styled by the Member as a ``leave of
absence'' or otherwise couched as ``temporary,'' is laid before the
House as a resignation.
[[Page 442]]
On Feb. 9, 2005,(1) the Speaker pro
tempore(2) laid before the House the following
resignation:(3)
---------------------------------------------------------------------------
1. 151 Cong. Rec. 1891, 109th Cong. 1st Sess., Feb. 9, 2005.
2. Ray LaHood (IL).
3. Parliamentarian's Note: Rep. Simmons was elected to Homeland
Security earlier this day. See 151 Cong. Rec. 1871, 109th Cong.
1st Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON VETERANS' AFFAIRS
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Veterans' Affairs:
House of Representatives,
Washington, DC, February 9, 2005.
Hon. Dennis J. Hastert,
House of Representatives,
Washington, DC.
Dear Speaker Hastert: I hereby resign from the Committee on
Veterans' Affairs to accept my appointment to the Committee on
Homeland Security.
Also, I ask that you consider my request for a leave of absence
from the VA Committee. I have been privileged to serve as Chairman
of the Health Subcommittee and hope to return to the Committee
sometime in the future.
Thank you for giving me an opportunity to serve our nation as a
member of the new, permanent Homeland Security Committee. I
appreciate all of your support.
All the best,
Rob Simmons,
Member of Congress.
The SPEAKER pro tempore (Mr. LaHood). Without objection, the
resignation is accepted.
There was no objection.
On Feb. 23, 1999,(4) Speaker pro tempore Ed Pease, of
Indiana, laid before the House the following communication from a
Member resigning from a standing committee, which was read by the
Clerk:
---------------------------------------------------------------------------
4. 145 Cong. Rec. 2692, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
U.S. Congress,
House of Representatives,
Washington, DC, February 22, 1999.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In accordance with Democratic Caucus Rules, I
am writing to request a leave of absence, effective immediately,
from the House Committee on Small Business for the duration of
106th Congress so that I may serve on the Permanent Select
Committee on Intelligence.
Thank you for your attention to my request.
Sincerely,
Norman Sisisky,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
Parliamentarian's Note: For a form styled as a resignation of a
``permanent'' seat on a standing committee, see Feb. 5,
1991(5)
[[Page 443]]
(public acknowledgement of the ``temporary'' committee membership
policy of Democratic Caucus; Rep. Peter H. Kostmayer [PA] and Rep.
Gerry E. Studds [MA] were placed in temporary status on the Committee
on Foreign Affairs in the wake of their election to the Committee on
Energy and Commerce in order to avoid caucus limitations on committee
assignments).
---------------------------------------------------------------------------
5. 137 Cong. Rec. 2814, 102d Cong. 1st Sess.
---------------------------------------------------------------------------
On Jan. 19, 1999,(6) the Speaker laid before the House
the following communication from a Member resigning from a standing
committee, which was read by the Clerk:
---------------------------------------------------------------------------
6. 145 Cong. Rec. 604, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of United States,
House of Representatives,
January 7, 1999.
Hon. Dennis J. [sic] Hastert,
Speaker of the House,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby respectfully request a leave of
absence from the Committee on Government Reform, effective
immediately. My request is made with the understanding that I will
retain all seniority on the Committee.
If you have any questions regarding this request, please do not
hesitate to contact me. Thank you for your attention to this
matter.
Sincerely,
Christopher Cox,
U.S. Representative.
The SPEAKER. Without objection, the resignation is accepted.
There was no objection.
On Mar. 6, 1997,(7) Speaker pro tempore Ed Pease, of
Indiana, laid before the House the following communication from a
Member resigning his seat on a standing committee, which was read by
the Clerk:
---------------------------------------------------------------------------
7. 143 Cong. Rec. 3299, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, March 6, 1997.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, U.S. Capitol,
Washington, D.C.
Dear Mr. Speaker: This letter is to inform you that in order
for me to accept an appointment by Democratic Leader Richard
Gephardt to a seat on the House Permanent Select Committee on
Intelligence, it will be necessary for me to interrupt my service
on the House Committee on Veterans' Affairs and as Ranking Member
of its subcommittee on Oversight and Investigations.
Rule 19 F. of the Preamble and Rules of the Democratic Caucus
provides that no Democratic Member of the Permanent Select
Committee on Intelligence may serve on more than one standing
committee during that Member's term of service on the select
committee. However, the rule also provides that Members shall be
entitled to take leaves of absence from service on any committee
(or subcommittee thereof) during the period they serve on the
[[Page 444]]
select committee and seniority rights on such committee (and on
each subcommittee) to which they were assigned at the time shall be
fully protected as if they had continued to serve during the period
of leave of absence.
While I will remain committed to protecting and enhancing the
needs and benefits of our nation's veterans, this letter
constitutes notice of my intent to take the necessary leave of
absence from the Committee on Veterans' Affairs in order to accept
an appointment to the Permanent Select Committee on Intelligence.
With kindest regards, I remain
Sincerely yours,
Sanford D. Bishop, Jr.,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Jan. 21, 1997,(8) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House the following communication from a
Member resigning his seat on a standing committee, which was read by
the Clerk:
---------------------------------------------------------------------------
8. 143 Cong. Rec. 459, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, January 21, 1997.
Re request to take leave from Veterans Committee.
Hon. Newt Gingrich,
The Capitol,
Washington, D.C.
Dear Newt: In light of my new assignment to the House Committee
on Government Reform and Oversight, I hereby request that I be
granted a leave of absence from my assigned slot on the Committee
on Veterans' Affairs.
Thank you for your consideration,
With warmest regards, I am,
Very truly yours,
Bob Barr.
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Jan. 25, 1996,(9) Speaker pro tempore Joel Hefley, of
Colorado, laid before the House the following communication from a
Member, purporting to resign his seat on a standing committee
``effective upon ratification by the full House'' of a new committee
assignment (its contingency having been resolved):
---------------------------------------------------------------------------
9. 142 Cong. Rec. 1404, 104th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
New York, January 24, 1996.
The Speaker,
House of Representatives, Washington, D.C.
Dear Mr. Speaker: I hereby resign my position as a member of
the House International Relations Committee (HIRC) effective upon
ratification by the full House of my membership on the House Ways
and Means Committee.
While I look forward to returning to my assignment on Ways and
Means, I wish to thank Chairman Gilman,
[[Page 445]]
Ranking Member Hamilton, and all the HIRC members for the many
courtesies extended to me during my service on that panel.
Sincerely,
Michael R. McNulty,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On May 19, 1994,(10) Speaker pro tempore Samuel G.
Coppersmith, of Arizona, laid before the House the following
communications from two Members resigning from a standing committee,
which were read by the Clerk:
---------------------------------------------------------------------------
10. 140 Cong. Rec. 11040, 103d Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC, February 10, 1994.
Hon. Thomas S. Foley,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby submit my temporary resignation as a
Member of the Committee on Science, Space, and Technology in order
to serve on the Committee on the Budget. It is my understanding
that my seniority status on the Committee on Science, Space, and
Technology will be protected during my tenure on the Budget
Committee.
Sincerely,
Lynn C. Woolsey.
House of Representatives,
Washington, DC, May 12, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby submit my temporary resignation as a
Member of the Committee on Science, Space, and Technology in order
to serve on the Committee on the Budget. It is my understanding
that my seniority status on the Committee on Science, Space, and
Technology will be protected during my tenure on the Budget
Committee.
Sincerely,
Glen Browder.
The SPEAKER pro tempore. Without objection, the resignations
are accepted.
There was no objection.
Sec. 6.4 The resignation of a Member from a committee of conference is
subject to the approval of the House (where the Speaker is not
exercising his power of removal under Rule I clause
11).(1)
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 637 (2007).
---------------------------------------------------------------------------
On July 20, 1993,(2) Speaker pro tempore Michael R.
McNulty, of New York, laid before the House the following communication
from Rep. James V. Hansen, of Utah, resigning from a conference
committee, which was read by the Clerk:
---------------------------------------------------------------------------
2. 139 Cong. Rec. 16260, 103d Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, July 20, 1993.
[[Page 446]]
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I have been named as a conferee to the Budget
Reconciliation bill, H.R. 2264, due to my position on the House
Natural Resources Committee. Due to unexpected time constraints in
my other positions, Armed Services and Intelligence, I respectfully
request that I be allowed to withdraw as a conferee.
Thank you for your attention to this matter and if you have any
question please feel free to call me.
Sincerely,
James V. Hansen,
Member of Congress.
On Nov. 14, 1989,(3) Speaker pro tempore James H.
Bilbray, of Nevada, laid before the House the following communication
from Rep. Jack B. Brooks, of Texas, resigning from a conference
committee, which was read by the Clerk:
---------------------------------------------------------------------------
3. 135 Cong. Rec. 28834, 101st Cong. 1st Sess.
---------------------------------------------------------------------------
Committee on the Judiciary,
Washington, DC, November 10, 1989.
Hon. Thomas S. Foley,
Speaker, House of Representatives, Washington, D.C.
Dear Mr. Speaker: As you know, on October 4, 1989, I was
appointed as a House conferee on the bill, H.R. 2712, the Emergency
Chinese Adjustment of Status Facilitation Act of 1989. As passed by
the House on July 31 of this year, H.R. 2712 responds to the
Chinese government's repression of the pro-democracy movement and
actions against pro-democracy students by granting those students a
waiver from the requirement that they return to China for two years
before being eligible to change their immigrant status.
It now appears that the House may be concluding the business of
the First Session within the next few days. I would not want my
absence from the Congress for medical reasons to impede the
enactment of this critically needed piece of legislation, leaving
thousands of Chinese students in doubt as to their immigration
status. Accordingly, in order to expedite resolution of this
matter, I am submitting my resignation as a conferee on the bill.
With every good wish, I am
Sincerely,
Jack Brooks,
Chairman.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Dec. 10, 1973,(4) the House by unanimous consent
excused Rep. Williamson S. Stuckey, Jr., of Georgia, from further
service on a conference committee on the motion of Rep. Harley O.
Staggers, of West Virginia, whereupon Speaker Carl Albert, of Oklahoma,
filled the resulting vacancy by appointment.
---------------------------------------------------------------------------
4. 119 Cong. Rec. 40500, 93d Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. STAGGERS. Mr. Speaker, I ask unanimous consent that the
gentleman
[[Page 447]]
from Georgia (Mr. Stuckey) be excused from further service as a
conferee on the bill H.R. 11324, and that the Speaker be authorized
to appoint a Member to fill the vacancy.
The SPEAKER. Is there objection to the request of the gentleman
from West Virginia?
There was no objection.
The SPEAKER. The Chair appoints the gentleman from Texas (Mr.
Eckhardt) to fill the vacancy, and the Senate will be notified of
the action of the House.
Sec. 6.5 Pursuant to Rule X clause 4(e)(3)(1) of the 105th
Congress, a resignation from the Select Committee on Ethics was
effective upon its being laid before the House.
---------------------------------------------------------------------------
1. House Rules and Manual (1997).
---------------------------------------------------------------------------
On Jan. 9, 1997,(2) Speaker Newt Gingrich, of Georgia,
laid before the House the following communication from Rep. Bunning,
resigning from a select committee,(3) which was read by the
Clerk:
---------------------------------------------------------------------------
2. 143 Cong. Rec. 278, 105th Cong. 1st Sess.
3. Rep. Jim Bunning (KY) served on the Committee on Standards of
Official Conduct in the 104th Congress.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, January 8, 1997.
The Speaker of the House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: This is to notify you that I consider my
service as a member of the Ethics Committee complete.
Best personal regards,
Jim Bunning,
Member of Congress.
The charter of the Select Committee on Ethics of the 105th Congress
provided for automatic acceptance of resignations and vested
replacement authority in the respective party leader, rather than in
the Speaker, since the Speaker was being investigated.(4)
---------------------------------------------------------------------------
4. In the 105th Congress a new subparagraph (3) was added at the end
of former clause 4(e) of Rule X to establish a Select Committee
on Ethics only to resolve an inquiry originally undertaken by
the standing Committee on Standards of Official Conduct in the
104th Congress (143 Cong. Rec. 123, 105th Cong. 1st Sess., Jan.
7, 1997 [H. Res. 5]). See House Rules and Manual Sec. 738
(2007).
---------------------------------------------------------------------------
Sec. 6.6 Instance in which multiple letters of resignation from
committees were laid before the House, creating vacancies to be
filled by a privileged resolution electing Members to committees.
On Feb. 5, 2003,(1) a privileged resolution was
adopted(2) electing
[[Page 448]]
Members and Delegates to certain standing committees of the House and
to establish a Member's rank thereon. The proceedings were as follows:
---------------------------------------------------------------------------
1. 149 Cong. Rec. 2420, 108th Cong. 1st Sess.
2. H. Res. 52. See Id. at p. 2420, 2421.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON RESOURCES
The SPEAKER pro tempore(3) laid before the House the
following resignation as a member of the Committee on Resources:
---------------------------------------------------------------------------
3. Steven C. LaTourette (OH).
---------------------------------------------------------------------------
U.S. Congress,
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert, Speaker of the House,
Washington, DC.
Dear Mr. Speaker. Effective February 5, 2003, I hereby resign
from the Committee on Resources.
Sincerely,
George Miller,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON SCIENCE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Science:
House of Representatives.
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
House of Representatives,
Washington D.C.
Dear Speaker Hastert: In order to comply with the rules of the
Democratic Caucus so that I may serve on the Committee on the
Budget, I hereby take a leave of absence from the Committee on
Science. Pursuant to the rules of the Democratic Caucus, I
understand that my rights for seniority on the Science Committee
will be preserved and that my seniority will continue to accrue.
Sincerely,
Brian Baird,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON AGRICULTURE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Agriculture:
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
The Capitol, Washington DC.
Dear Mr. Speaker: Effective February 5, 2003, I hereby resign
my position on the Agriculture Committee.
Sincerely,
Leonard Boswell,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
[[Page 449]]
-------------------RESIGNATION AS
MEMBER OF COMMITTEE ON AGRICULTURE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Agriculture:
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
The Capitol, Washington DC.
Dear Mr. Speaker: Effective February 5, 2003 I hereby resign my
position on the House Agriculture Committee, due to my permanent
appointment to the House Armed Services Committee.
Thank you for your consideration of this matter.
Sincerely,
Rick Larsen,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON RESOURCES
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Resources:
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Effective February 5, 2003, I hereby resign
my position on the Resources Committee due to my permanent
appointment to the International Relations Committee.
Sincerely,
Adam Smith,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON FINANCIAL SERVICES
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Financial Services:
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Effective February 5, 2003, I hereby resign
my position on the Financial Services Committee due to an error in
H. Res. 35 and my permanent appointment to the Transportation and
Infrastructure Committee.
Sincerely,
Lincoln Davis,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
[[Page 450]]
-------------------RESIGNATION AS
MEMBER OF COMMITTEE ON SCIENCE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Science:
House of Representatives,
Second District, New York, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Effective February 5, 2003, I hereby resign
my position on the Science Committee due to my permanent
appointment to the Armed Services Committee.
Sincerely,
Steve Israel,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON GOVERNMENT REFORM
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Government Reform:
House of Representatives,
Washington, DC, February 5, 2003.
Hon. J. Dennis Hastert,
Speaker of the House, The Capitol,
Washington, DC.
Dear Mr. Speaker: Effective February 5, 2003, I will be taking
a leave of absence from the Government Reform Committee due to my
appointment as the Ranking Member of the Select Committee on
Homeland Security.
Sincerely,
Jim Turner,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
{time} 1900
ELECTION OF MEMBERS AND DELEGATES TO CERTAIN STANDING
COMMITTEES OF THE HOUSE
Mr. [James E.] CLYBURN [of South Carolina]. Mr. Speaker, by
direction of the Democratic Caucus, I offer a privileged resolution
(H. Res. 52) and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 52
Resolved, That the following named Members and Delegates be
and are hereby elected to the following standing committees of
the House of Representatives:
(1) Committee on Agriculture: Mr. Alexander, Mr. Ballance,
Mr. Cardoza, Mr. Scott of Georgia, Mr. Marshall, Mr. Case.
(2) Committee on Armed Services: Mr. Israel, Mr. Larsen of
Washington, Mr. Cooper, Mr. Marshall, Mr. Meek of Florida, Ms.
Bordallo, Mr. Alexander.
(3) Committee on the Budget: Ms. Majette.
(4) Committee on Education and the Workforce: Mr. Case, Mr.
Grijalva, Ms. Majette, Mr. Ryan of Ohio, Mr. Van Hollen.
(5) Committee on Financial Services: Mr. Emanuel (to rank
immediately after Mr. Miller of North Carolina), Mr. Davis of
Alabama.
[[Page 451]]
(6) Committee on Government Reform: Mr. Van Hollen, Ms.
Linda T. Sanchez, Mr. Ruppersberger.
(7) Committee on House Administration: Mr. Larson of
Connecticut, Ms. Millender-McDonald, Mr. Brady of Pennsylvania.
(8) Committee on International Relations: Mr. Smith of
Washington, Ms. McCollum, Mr. Bell.
(9) Committee on Resources: Mr. Grijalva, Mr. Cardoza, Ms.
Bordallo.
(10) Committee on Science: Mr. Bell, Mr. Bishop of New
York, Mr. Miller of North Carolina, Mr. Davis of Tennessee.
(11) Committee on Small Business: Mr. Ballance, Mr. Ryan of
Ohio.
(12) Committee on Standards of Official Conduct: Mr.
Mollohan.
(13) Committee on Veterans' Affairs: Mr. Michaud.
Mr. CLYBURN (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER pro tempore (Mr. Simpson).(4) Is there
objection to the request of the gentleman from South Carolina?
---------------------------------------------------------------------------
4. Michael K. Simpson (ID).
---------------------------------------------------------------------------
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Parliamentarians' Note: The resignations and subsequent elections
were aimed at rectifying mistakes made in previous resolutions and
moving Members whose previous appointments were mere placeholders. The
second sentence of clause 5(a)(1) of Rule X(5) provides that
a resolution ``to change the composition of a standing committee''
shall be privileged if offered by direction of the caucus or conference
and can support removal or removal-and-replacement. The sentence was
added by Sec. 227 of the Balanced Budget and Emergency Deficit Control
Act (Pub. L. No. 99-177) to a provision in the rules already addressing
the election of members to the standing committees. The drafters chose
not to focus on ``election'' but rather used the broader phrase
``change the composition.''
---------------------------------------------------------------------------
5. House Rules and Manual Sec. 757 (2007).
---------------------------------------------------------------------------
Sec. 6.7 The House, by unanimous consent, accepted the resignation of a
Member from a standing committee, which cited her recent
appointment to a permanent select committee.
On Sept. 8, 2004,(1) the following
occurred:(2)
---------------------------------------------------------------------------
1. 150 Cong. Rec. 17754, 108th Cong. 2d Sess.
2. See Sec. 6.8, infra, for Rep. Davis's appointment to the Permanent
Select Committee on Intelligence.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON GOVERNMENT REFORM
The SPEAKER pro tempore(3) laid before the House the
following resignation as a member of the Committee on Government
Reform:
---------------------------------------------------------------------------
3. Stevan Pearce (NM).
House of Representatives,
Washington, DC, August 10, 2004.
[[Page 452]]
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am writing to inform you that I am
resigning my seat on the House Government Reform Committee
effective August 10, 2004 to accept a seat on the House Permanent
Select Committee on Intelligence.
Thank you for your time and consideration.
Sincerely,
Jo Ann Davis,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
Sec. 6.8 The Chair laid before the House two letters of resignation
from the Permanent Select Committee on Intelligence, each to be
effective during August (when the House was unavailable to accept
the resignations), and announced that the Speaker, in consonance
with those letters of resignation, and pursuant to Rule I clause
11,(1) had removed the resigning Members from the
permanent select committee and appointed other Members to fill the
resulting vacancies.
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 637 (2007).
---------------------------------------------------------------------------
On Sept. 8, 2004,(2) the following
occurred:(3)
---------------------------------------------------------------------------
2. 150 Cong. Rec. 17754, 17755, 108th Cong. 2d Sess.
3. Parliamentarian's Note: In tendering his resignation as chairman,
Rep. Goss implicitly resigned also as a member of the
(permanent) select committee. When plans for his departure from
the House to become the Director of the CIA became final during
the August recess, the Speaker wanted to avoid any lapse in
either the chairmanship or the membership of the permanent
select committee. To achieve that end, the Speaker used his
authority under Rule I clause 11 to remove members of select
committees (albeit in consonance with their letters of
resignation) to perfect the vacancies to which he could appoint
replacements. Rep. Bereuter's resignation from the House had
been laid down on July 22, 2004, but was not effective until
Aug. 31, 2004. See 150 Cong. Rec. 17328, 108th Cong. 2d Sess.,
July 22, 2004.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER AND APPOINTMENT OF MEMBER TO PERMANENT
SELECT COMMITTEE ON INTELLIGENCE
The SPEAKER pro tempore(4) laid before the House the
following resignation as a member of the Permanent Select Committee
on Intelligence:
---------------------------------------------------------------------------
4. Mike Pence (IN).
Congress of the United States,
House of Representatives,
August 9, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
The Capitol, Washington, DC.
[[Page 453]]
Dear Mr. Speaker: Effective immediately, I resign my seat on
the House Permanent Select Committee on Intelligence.
Best Wishes,
Doug Bereuter,
Member of Congress.
The SPEAKER pro tempore. The Chair announces that on August 10,
2004, in consonance with the letter of resignation from the
gentleman from Nebraska and pursuant to clause 11 of rule I, the
Speaker appointed the gentlewoman from Virginia (Mrs. Jo Ann Davis)
to serve on the Permanent Select Committee on Intelligence, vice
the gentleman from Nebraska (Mr.
Bereuter). -------------------
RESIGNATION AS CHAIRMAN AND APPOINTMENT OF CHAIRMAN TO
PERMANENT SELECT COMMITTEE ON INTELLIGENCE
The SPEAKER pro tempore laid before the House the following
resignation as chairman of the Permanent Select Committee on
Intelligence:
U.S. House of Representatives,
Permanent Select Committee on Intelligence,
Washington, DC, August 10, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: As a result of the honor bestowed upon me by
the President today, nominating me for the position of Director of
Central Intelligence, I believe it is appropriate to relinquish my
position as Chairman of the Permanent Select Committee on
Intelligence during the pendency of the confirmation process of
that nomination, effective immediately.
Therefore, I would ask that you appoint a Member to take the
Chairmanship of the Committee on a temporary basis, effective
immediately, until the Senate makes a final determination on the
President's nomination.
I believe it continues to be appropriate for me to remain a
Member of the Committee, however.
Thank you for your consideration of this request.
Very truly yours,
Porter J. Goss,
Chairman.
The SPEAKER pro tempore. The Chair announces that on August 25,
2004, in consonance with the letter of resignation from the
gentleman from Florida and pursuant to clause 11 of rule I, the
Speaker designated the gentleman from Michigan (Mr. Hoekstra) as
chairman of the Permanent Select Committee on Intelligence, vice
the gentleman from Florida (Mr. Goss).
Sec. 6.9 Form of postponement of proceedings (pursuant to an earlier
order) on a concurrent resolution for the purpose of accepting
resignations from standing committees and electing Members thereto.
On Feb. 2, 2005,(1) the House, by unanimous consent,
accepted
[[Page 454]]
resignations of Members from standing committees:
---------------------------------------------------------------------------
1. 151 Cong. Rec. 1390, 109th Cong. 1st Sess.
---------------------------------------------------------------------------
The SPEAKER pro tempore (Mr. Simpson).(2) Pursuant
to the order of the House of today, further proceedings on this
concurrent resolution will be postponed.
---------------------------------------------------------------------------
2. Michael K. Simpson (ID).
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON GOVERNMENT REFORM
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Government Reform:
House of Representatives,
Washington, DC, February 1, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am requesting a leave of absence (effective
immediately) from the House Committee on Government Reform due to
my pending appointment to the House Permanent Select Committee on
Intelligence.
Thank you.
Sincerely,
John F. Tierney,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
RESIGNATION AS MEMBER OF COMMITTEE ON AGRICULTURE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Agriculture:
House of Representatives,
Washington, DC, February 1, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Hastert: I would like to resign my seat from the
Committee on Agriculture, effective immediately.
Sincerely,
Bennie G. Thompson,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
Later that same day,(3) a privileged resolution was
submitted by direction of the Democratic Caucus electing minority
Members to standing committees:(4)
---------------------------------------------------------------------------
3. 151 Cong. Rec. 1391, 109th Cong. 1st Sess.
4. Parliamentarian's Note: The Members needed to be elected to their
assigned committees in order to participate in committee
activities scheduled for that day.
---------------------------------------------------------------------------
ELECTION OF MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE
Mr. [Robert] MENENDEZ [of New Jersey]. Mr. Speaker, I offer a
privileged resolution (H. Res. 62) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 62
Resolved, That the following named Members and Delegates
be
[[Page 455]]
and are hereby elected to the following standing committees of
the House of Representatives:
(1) Committee on Agriculture.--Mr. Pomeroy, Mr. Boswell,
Mr. Larsen of Washington, Mr. Davis of Tennessee, Mr. Chandler.
(2) Committee on the Budget.--Mr. Kind.
(3) Committee on Government Reform.--Ms. Norton.
(4) Committee on Resources.--Mr. George Miller of
California, Mr. Markey, Mr. DeFazio, Mr. Inslee, Mr. Udall of
Colorado, Mr. Cardoza, Ms. Herseth.
(5) Committee on Science.--Ms. Hooley of Oregon (to rank
immediately after Ms. Woolsey), Ms. Jackson-Lee of Texas, Ms.
Zoe Lofgren of California, Mr. Sherman, Mr. Baird, Mr.
Matheson, Mr. Costa, Mr. Al Green of Texas, Mr. Melancon.
(6) Committee on Small Business.--Mr. Faleomavaega, Mrs.
Christensen, Mr. Davis of Illinois, Mr. Case, Ms. Bordallo, Mr.
Grijalva, Mr. Michaud, Ms. Linda T. Sanchez of California, Mr.
Barrow, Ms. Bean.
(7) Committee on Veterans' Affairs.--Mr. Strickland, Ms.
Hooley of Oregon, Mr. Reyes, Ms. Berkley, Mr. Udall of New
Mexico.
Mr. MENENDEZ (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from New Jersey?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.
[Page 455-470]
CHAPTER 37
Resignations
C. Resignations from Committees and Delegations
Sec. 7. Reason for Resignation
Election to Leadership
Sec. 7.1 Upon his election as Speaker, a Member resigned from various
committees on which he had served while Majority Leader.
On Jan. 10, 1962,(1) after his election as Speaker, John
W. McCormick, of Massachusetts, resigned from various committees of the
House on which he had served while Majority Leader.
---------------------------------------------------------------------------
1. 108 Cong. Rec. 8, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION FROM COMMITTEES
The SPEAKER. The Chair desires to announce that he is herewith
submitting his resignation as a member of the Committee on
Government Operations; the Committee on Science and Astronautics;
and also as a member of the Franklin Delano Roosevelt memorial
Commission.
Without objection the resignations will be accepted.
There was no objection.
Sec. 7.2 Upon his selection as Majority Leader, a Member resigned from
a standing committee.
On Feb. 7, 2006,(1) the House, by unanimous consent,
accepted
[[Page 456]]
the resignation of a Member as chairman of a standing committee.
---------------------------------------------------------------------------
1. 152 Cong. Rec. 988, 989, 109th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION AS CHAIRMAN OF COMMITTEE ON EDUCATION AND THE
WORKFORCE
The SPEAKER pro tempore(2) laid before the House the
following resignation as chairman of the Committee on Education and
the Workforce:
---------------------------------------------------------------------------
2. John Campbell (CA).
Committee on Education and the Workforce, House of
Representatives,
Washington, DC, February 6, 2006.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: As a result of my election Thursday as
Majority Leader, this letter is to inform you that I resign as
Chairman of the Committee on Education and the Workforce and from
further service on that Committee. During my five years of service
as Chairman on the Committee on Education and the Workforce, the
Committee has overseen and enacted 131 public laws designed to
improve the lives of all Americans.
I also resign from the Committee on Agriculture on which I have
served since being elected to Congress. I would ask that Conference
Rule 2 be invoked with respect to my status on both Committees. I
am humbled by my peers' decision to elect me as our Majority Leader
and I look forward to working with you in that capacity.
Sincerely,
John A. Boehner,
Chairman.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Jan. 18, 1962,(3) Carl Albert, of Oklahoma, resigned
from the Committee on Agriculture after his selection as Majority
Leader.
---------------------------------------------------------------------------
3. 108 Cong. Rec. 470, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives
Office of the Democratic Whip,
Washington, D.C., January 18, 1962.
The Honorable the Speaker of the House.
Sir: I herewith submit my resignation as a member of the House
Committee on Agriculture.
Very truly yours,
Carl Albert.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
Election as Committee Chair
Sec. 7.3 A newly elected chairman of a committee resigned as a member
of another committee.
On Sept. 21, 1961,(1) the House agreed to a resolution
electing a new chairman of the Committee on Science and Astronautics (a
vacancy having been created by the death of the former chairman,
Overton Brooks, of Louisiana). Thereupon, the newly elected
[[Page 457]]
chairman, George P. Miller, of California, resigned as a member of the
Committee on Merchant Marine and Fisheries, which resignation was laid
before the House and accepted.
---------------------------------------------------------------------------
1. 107 Cong. Rec. 20549, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
ELECTION OF GEORGE P. MILLER TO COMMITTEE ON SCIENCE AND
ASTRONAUTICS
Mr. [Wilbur D.] MILLS [of Arkansas]. Mr. Speaker, I offer a
privileged resolution (H. Res. 474) and ask for its immediate
consideration.
The Clerk read as follows:
Resolved, That George P. Miller, of California, be, and he
is hereby, elected chairman of the standing committee of the
House of Representatives on Science and Astronautics.
The resolution was agreed to.
A motion to reconsider was laid on the
table. -------------------
RESIGNATION FROM COMMITTEE
The SPEAKER pro tempore(2) laid before the House the
following communication which was read by the Clerk:
---------------------------------------------------------------------------
2. John W. McCormack (MA).
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., September 21, 1961.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby tender my resignation as a member of
the House Merchant Marine and Fisheries Committee.
Sincerely yours,
George P. Miller.
The SPEAKER pro tempore. Without objection the resignation is
accepted.
There was no objection.
Election to Committee
Sec. 7.4 A Member resigned from certain committee assignments pending
his election to the Committee on Ways and Means.
On July 30, 1968,(1) the chairman (2) of the
Committee on House Administration, who also was a member of the
Committee on Foreign Affairs, resigned from those positions pending his
election to the Committee on Ways and Means.(3) His
resignation was laid before the House by the Speaker:
1. 114 Cong. Rec. 24215, 90th Cong. 2d Sess.
2. Omar T. Burleson (TX).
3. See 114 Cong. Rec. 24220, 90th Cong. 2d Sess., July 30, 1968 (H.
Res. 1276).
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., July 30, 1968.
Hon. John W. McCormack,
Speaker of the House, the Capitol, Washington, D.C.
Dear Mr. Speaker: Please accept my resignation from the
Committee on House Administration, the Joint Committee on Printing
and the Joint Committee on the Library.
[[Page 458]]
With kindest regards, I remain,
Sincerely yours,
Omar Burleson.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
The SPEAKER laid before the House the following resignation
from a committee:
Congress of the United States,
House of Representatives,
Washington, D.C., July 30, 1968.
Hon. John W. McCormack,
Speaker of the House, the Capitol, Washington, D.C.
Dear Mr. Speaker: Please accept my resignation from the
Committee on Foreign Affairs.
With kindest regards, I remain,
Sincerely yours,
Omar Burleson.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
Sec. 7.5 The House, by unanimous consent, accepted the resignation of a
Member from three standing committees.
On Sept. 29, 2004,(1) Speaker J. Dennis Hastert, of
Illinois, laid before the House the following resignation, which cited
the Member's appointment to the Committee on Rules:
---------------------------------------------------------------------------
1. 150 Cong. Rec. 19888, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF CERTAIN STANDING COMMITTEES OF THE
HOUSE
The SPEAKER laid before the House the following resignation as
a member of the Committee on Agriculture, the Committee on
Government Reform, and the Committee on Budget:
House of Representatives,
Washington, DC, September 28, 2004.
Hon. J. Dennis Hastert,
Speaker of the House, The Capitol, Washington, DC.
Dear Mr. Speaker, I hereby resign from the House Agriculture,
Government Reform and Budget Committees due to my appointment to
the House Committee on Rules.
Sincerely,
Adam H. Putnam,
Member of Congress.
The SPEAKER. Without objection, the resignations are accepted.
There was no objection.
On Jan. 21, 2004,(2) Speaker pro tempore John Culberson,
of Texas, laid down the following resignation:
---------------------------------------------------------------------------
2. 150 Cong. Rec. 140, 141, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON FINANCIAL SERVICES,
SELECT COMMITTEE ON HOMELAND SECURITY AND COMMITTEE ON SMALL
BUSINESS
The SPEAKER pro tempore (Mr. Culberson) laid before the House
the following resignation as a member of the Committee on Financial
Services,
[[Page 459]]
the Select Committee on Homeland Security, and the Committee on
Small Business:
Congress of the United States,
House of Representatives,
Washington, DC, January 20, 2004.
Hon. Dennis Hastert,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Effective January 20, 2004, I hereby resign
from the Committee on Financial Services, the Select Committee on
Homeland Security, and the Committee on Small Business due to my
pending appointment to the Committee on Energy and Commerce.
Sincerely,
Charles A. Gonzalez,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
Statement of Reasons for Resignation
Sec. 7.6 A Member's letter of resignation from a committee, addressed
to the Speaker, may state the reasons impelling the Member to
resign.
On Apr. 26, 2001,(1) Speaker pro tempore Paul Ryan, of
Wisconsin, laid before the House a communication from Rep. Collin C.
Peterson, of Minnesota, resigning his seat on a standing committee in
light of his recent appointment to a permanent select committee and a
rule of his party's caucus restricting the number of committee
assignments.
1. 147 Cong. Rec. 6299, 107th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, April 24, 2001.
Hon. Dennis Hastert,
Speaker of the House,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Thank you for appointing me to serve on the
House Permanent Select Committee on Intelligence.
In keeping with the Democratic Caucus rules and Rules of the
House that limit me to serving on no more than two full committees
I am resigning from my seat on the House Committee on Veterans'
Affairs.
Please notify me as to the disposition of this request. . . .
Thank you in advance for your prompt attention to this matter.
Sincerely,
Collin C. Peterson,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Sept. 17, 1980,(2) Speaker Thomas P. O'Neill, Jr., of
Massachusetts, laid before the House a communication from Rep. Michael
O. Myers, of Pennsylvania, resigning his membership on a conference
committee in light of a felony conviction.
---------------------------------------------------------------------------
2. 126 Cong. Rec. 25886, 96th Cong. 2d Sess.
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Washington, D.C.
September 17, 1980.
[[Page 460]]
Hon. Carl Perkins,
Education and Labor Committee, Rayburn Building.
Dear Mr. Chairman: In compliance with House Rule XLIII, I must
refrain from participation in the business of the committees of
which I am a member.
Consequently, I am unable to act as a conferee on the Child
Nutrition legislation and would ask that you excuse me from this
duty and appoint another member to the conference committee.
Sincerely yours,
Michael O. Myers,
Member of Congress.
The SPEAKER. Without objection, the resignation is accepted.
There was no objection.
On Sept. 24, 1974,(3) Speaker Carl Albert, of Oklahoma,
laid before the House a communication from Rep. Frank J. Brasco, of New
York, resigning his membership on a conference committee in light of a
felony conviction.
---------------------------------------------------------------------------
3. 120 Cong. Rec. 32420, 93d Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D.C.,
September 19, 1974.
Hon. Carl Albert,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: In view of my present circumstances, and
because of the provisions of House Resolution 128, I hereby tender
my resignation as a member of the conference committee on S. 386
and H.R. 11221.
With warmest personal regards, I am,
Sincerely yours,
Frank J. Brasco.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On Feb. 7, 1966,(4) a letter of resignation of a Member
from a committee was laid before the House and accepted. The letter
noted certain restrictions against dual committee assignments.
---------------------------------------------------------------------------
4. 112 Cong. Rec. 2383, 2384, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., February 7, 1966.
Hon. John W. McCormack,
Speaker of the House,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I herewith tender my resignation as a member
of the Committee on Agriculture.
Having thoroughly enjoyed my work on this committee, I wish to
advise the House that this resignation is being submitted in
accordance with a decision of our committee on committees that
members of the Committee on Rules should not have dual committee
assignments.
Sincerely yours,
Delbert L. Latta,
Representative to Congress.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On Jan. 13, 1966,(5) a Member's letter of resignation as
the chairman and member of a committee
[[Page 461]]
was laid before the House by the Speaker and accepted. The letter made
reference to the Member's appointment as a Federal district court
judge.
---------------------------------------------------------------------------
5. Id. at p. 170.
---------------------------------------------------------------------------
January 13, 1966.
Hon. John W. McCormack,
The Speaker,
House of Representatives,
Washington, D.C.
My Dear Mr. Speaker: In view of my imminent departure from the
House of Representatives to assume a new role for me as U.S.
district judge for the eastern and western districts of Arkansas, I
hereby tender to you my resignation as chairman and a member of the
Committee on Interstate and Foreign Commerce.
I leave this important assignment with affection and deep
appreciation for the members of the committee with whom I have
served over the years.
With genuine respect and high esteem, I am,
Sincerely yours,
Oren Harris
Member of Congress.
The SPEAKER. Without objection, the resignation of the
distinguished gentleman from Arkansas, who has rendered outstanding
service as a legislator and as chairman of the important Committee
on Interstate and Foreign Commerce, is--and I pause--accepted.
There was no objection.
On Feb. 3, 1965,(6) a member of the Committee on the
Judiciary, having ceased to serve on the subcommittee dealing with
immigration matters, submitted his resignation from the Joint Committee
on Immigration and Nationality Policy.
6. 111 Cong. Rec. 1870, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., February 3, 1965.
Hon. John W. McCormack,
Speaker of the House,
U.S. House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Having transferred this year from
subcommittee No. 1 of the Committee on the Judiciary, which has
special jurisdiction over immigration legislation, it would be
inappropriate for me to serve on the Joint Committee on Immigration
and Nationality Policy to which I was reappointed on February 1,
1965.
In accordance with custom, I hereby respectfully submit my
resignation from the Joint Committee on Immigration and Nationality
Policy.
Sincerely,
Richard H. Poff.
The SPEAKER. Without objection, the resignation is accepted.
There was no objection.
Similarly, on Jan. 25, 1943,(7) the resignation of a
Member from the five committees to which he had been assigned at the
opening of the Congress was laid before
[[Page 462]]
the House. In the letter, the Member, James H. Morrison, of Louisiana,
set forth his reasons for resigning all the committees on which he had
been placed.
---------------------------------------------------------------------------
7. 89 Cong. Rec. 356, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D. C.,
January 23, 1943.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
United States Congress,
Washington, D. C.
My Dear Mr. Speaker: I herewith tender my resignation as a
member of each of the following five committees:
Coinage, Weights, and Measures; Invalid Pensions; Public Lands;
War Claims; Mines and Mining.
I want to make it plain that in taking this action I am not
attempting to shirk my share of work. It is a fact, however, that
the work of these committees is of no interest to people in my part
of the country. Nor does the work of these committees have to do
with the war, or national policy. Hence, if I tied myself down to
committees of this type I would be serving interests which are of
no concern to my people.
My district is predominantly agricultural. My whole personal
background is agricultural. I have been intimately associated with
farmers and farm organizations. I know little, if anything, of (1)
mines and mining, (2) coinage, weights, and measures, (3) pensions,
(4) war claims, and (5) there are no public lands worth mentioning
in all my territory.
I requested an assignment to the Committee on Appropriations,
where I hoped that I might serve in connection with agricultural
appropriations, or to the Committee on Agriculture. I know that
they are important committees, and that it is not ordinarily
considered that a new Congressman has a right to demand them. I did
not ask for them because of any personal interest or virtue of my
own. I asked them in the name of my people, who form one of the
largest and most important agricultural communities in the country.
I felt that if I did not get some such assignment, then I could be
more useful by leaving myself free to devote whatever talents and
energy I possess to the war, to national affairs, and to things in
which my people are directly concerned. I certainly should feel
that I was not representing my people if I permitted myself to be
tied down with the details of five such committees as these.
I assure you, Mr. Speaker, that in taking this action I hold no
resentment against anybody. I have been told that it is an unusual
action for a new Congressman to take. If so, my answer is (1) that
these are unusual times; and (2) that it ought not to be unusual
for any Congressman to insist on devoting his time and energy to
the purposes for which he is elected.
I assure you that in all matters which appear to me to be in
the interest of the war effort, the welfare of my people, and the
national good, you shall have my support.
Yours very truly,
James H. Morrison,
Member of Congress.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
[[Page 463]]
On Jan. 14, 1937,(8) the following letter of resignation
of Rep. Usher L. Burdick, of North Dakota, from certain committees was
laid before the House and read by the Clerk. The letter emphasized Mr.
Burdick's dissatisfaction with the committees to which he had been
assigned:
---------------------------------------------------------------------------
8. 81 Cong. Rec. 245, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
The SPEAKER laid before the House the following communication:
Washington, D. C.
Mr. Speaker: The Republican minority having filed its
resolution on committee appointments, and the same having been
duly adopted by the House, I hereby tender my resignation from
all committees to which I was named by the Republican minority
for the following reasons, to wit--
Mr. [Bertrand H.] SNELL [of New York]. Mr. Speaker, reserving
the right to object, is it proper to give the reasons for resigning
from committees?
The SPEAKER.(9) It has been done before. The Clerk
will proceed.
---------------------------------------------------------------------------
9. William B. Bankhead (AL).
---------------------------------------------------------------------------
The Clerk continued reading:
First. I received no committee assignments from the
minority in the Seventy-fourth Congress, save three minor
committees. I endeavored to serve on these to the best of my
ability, believing that in the Seventy-fifth Congress I might
be advanced.
Second. Instead of being advanced I was left on the same
committees and actually demoted in rank to the tail-end kite of
a discredited political party. I was fully advised of the
punishment in store for me if I did not support Mr. Snell for
the speakership. I refused to support him for the good of the
Republican Party, and this action has been the result.
Third. I am not in sympathy with the present leadership of
the Republican Party in this House and will not accept this
demonstration of party punishment.
Usher L. Burdisk.
The resignation was accepted.
Change of Party Affiliation
Sec. 7.7 A resignation from a committee based on a change in a Member's
political party affiliation was, in the earlier practice, subject
to acceptance by the House.
On Mar. 27, 1972,(1) the Speaker laid before the House a
letter from a Member by which the Member, having changed his political
party affiliation, submitted his resignation as a member of two
committees of the House.
---------------------------------------------------------------------------
1. 118 Cong. Rec. 10198, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D.C.,
March 23, 1972.
Hon. Carl Albert,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Having changed my registration yesterday from
Republican to Democrat, I hereby resign from the Committee on
Education and Labor and the Committee on Government Operations, as
a Republican member.
[[Page 464]]
With warm regard,
Sincerely,
Ogden R. Reid.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
On Jan. 20, 1958,(2) a Member, having submitted his
resignation from a House committee, took the floor immediately before
the Clerk read his resignation letter to explain that he had changed
his party affiliation. He enunciated the steps he had taken to ensure
that records and proceedings of the House would properly portray his
changed affiliation.
---------------------------------------------------------------------------
2. 104 Cong. Rec. 673, 674, 85th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker then laid Mr. Dellay's resignation from the Committee
on Merchant Marine and Fisheries before the House.
Mr. [Vincent J.] DELLAY [of New Jersey]. Mr. Speaker, on
October 27, 1957, I notified the people of my constituency that
henceforth I considered myself a member of the Democratic Party and
would support the candidate of that party and its policies and
program. Inasmuch as I had been elected to the 85th Congress as a
Republican, I did, on November 1, 1957, notify the Republican
leader in the House of Representatives, the Honorable Joseph W.
Martin, Jr., that thereafter I would consider myself an affiliate
of the Democratic Party and would, if permitted to do so, attend
and become a member of the Democratic caucus of the House of
Representatives. I was invited to attend such a caucus on January
14, 1958. I make this statement at this time, Mr. Speaker, so that
the records and proceedings of this House will properly portray my
present party affiliation. I insert at this point a copy of the
letter I addressed to the Honorable Joseph W. Martin, Jr., on
November 1, 1957.
House of Representatives,
Washington, D.C., November 1, 1957.
Hon. Joseph W. Martin, Jr.,
Minority Leader of the United States House of
Representatives, United States Capitol, Washington,
D.C.
Dear Mr. Martin: This is to ask that my name be withdrawn from
the rolls of the House as a Republican Congressman. After I vote
for the Democrat gubernatorial candidate as well as the entire
Democrat ticket for Hudson County, N. J., in the general election
on November 5, 1957, I will officially become a member of the
Democrat Party.
I have notified the Democrat State committeeman and the
Democrat State committeewoman to list me as a member of the
Democrat State organization and to notify the chairman of the
National Democrat Committee, the Speaker of the House, and the
majority leader of the House that I will sit on the Democrat side
of the House when the next session of Congress convenes.
Thanking you for your many past courtesies and with every good
wish.
Sincerely yours,
Vincent J. Dellay.
[[Page 465]]
-------------------RESIGNATION FROM
COMMITTEE
The SPEAKER laid before the House the following resignation
from committee.
The Clerk read as follows:
January 16, 1958.
Hon. Sam Rayburn,
The Speaker, United States House of Representatives, United
States Capitol, Washington, D. C.
Dear Mr. Speaker: Having changed my politics from Republican to
Democratic during the gubernatorial campaign in New Jersey last
year, this is my official resignation from the House Merchant
Marine and Fisheries Committee as a Republican member.
Sincerely,
Vincent J. Dellay.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
Parliamentarian's Note: After Mr. Dellay's resignation from the
Committee on Merchant Marine and Fisheries as a Republican, and after
the Clerk listed Mr. Dellay as a member of his new party, Mr. Dellay
was, on Jan. 27, 1958, elected as a Democratic member to two
committees.(3)
---------------------------------------------------------------------------
3. See H. Res. 452. Id. at p. 1073.
---------------------------------------------------------------------------
Committee Membership Dependent on Continued Caucus or Conference
Affiliation
Sec. 7.8 A Member's membership on a standing committee is contingent on
the Member's continuing membership in the nominating party caucus
or conference.
On Sept. 7, 2004,(1) the Speaker pro
tempore(2) laid before the House communications reflecting
the operation of clause 5(b) of Rule X.(3) Under clause 5(b)
of Rule X, membership on a standing committee is contingent on
continuing membership in the party caucus or conference that nominated
the Member for election thereto. When a Member ceases to be a member of
a party caucus or conference, pursuant to clause 5(b) of Rule X, the
chairman of the caucus or conference notifies the Speaker, and the
Speaker notifies the chairman of each standing committee to which the
Member was elected on the nomination of that caucus or conference that
the Member's election to the committee is automatically vacated.
---------------------------------------------------------------------------
1. 150 Cong. Rec. 17535, 17536, 108th Cong. 2d Sess.
2. Mike Pence (IN).
3. House Rules and Manual Sec. 760 (2007).
---------------------------------------------------------------------------
COMMUNICATION FROM THE HON. ROBERT MENENDEZ, CHAIRMAN,
DEMOCRATIC CAUCUS
The SPEAKER pro tempore laid before the House the following
communication from the Honorable Robert
[[Page 466]]
Menendez, Chairman, Democratic Caucus:
Democratic Caucus,
House of Representatives,
Washington, DC, August 9, 2004.
Hon. J. Dennis Hastert,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Pursuant to clause 5(b)(1) of Rule X, I am
writing to inform you that Rep. Rodney Alexander has ceased to be a
member of the House Democratic Caucus.
Sincerely,
Robert Menendez,
Chairman. -------------------
COMMUNICATION FROM THE SPEAKER
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Office of the Speaker,
House of Representatives,
Washington, DC, August 16, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture, House of
Representatives, Washington, DC.
Dear Mr. Chairman: This is to advise you that Representative
Rodney Alexander's election to the Committee on Agriculture has
been automatically vacated pursuant to clause 5(b)(1) of rule X
effective August 9, 2004.
Sincerely,
J. Dennis Hastert,
Speaker of the House. -------------------
COMMUNICATION FROM THE SPEAKER
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Office of the Speaker,
House of Representatives,
Washington, DC, August 16, 2004.
Hon. Duncan Hunter,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Mr. Chairman: This is to advise you that Representative
Rodney Alexander's election to the Committee on Armed Services has
been automatically vacated pursuant to clause 5(b)(1) of rule X
effective August 9, 2004.
Sincerely,
J. Dennis Hastert,
Speaker of the House.
On Sept. 13, 2000,(4) Speaker pro tempore Michael K.
Simpson, of Idaho, laid before the House correspondence reflecting a
change of party affiliation by Rep. Matthew G. Martinez, of
California.(5)
4. 146 Cong. Rec. 17832, 17833, 106th Cong. 2d Sess.
5. For other recent examples see: 150 Cong. Rec. p. 17536, 108th Cong.
2d Sess., Sept. 7, 2004 (Rodney Alexander [LA]); 150 Cong. Rec.
65, 108th Cong. 2d Sess., Jan. 20, 2004 (Ralph M. Hall [TX]);
146 Cong. Rec. 401, 106th Cong. 2d Sess., Feb. 1, 2000 (Virgil
Goode [VA]); 145 Cong. Rec. 16586, 106th Cong. 1st Sess. July
19, 1999 (Michael P. Forbes [NY]); James A. Hayes (LA), Dec.
12, 1995, 141 Cong. Rec. 36172, 36173, 104th Cong. 1st Sess.,
Dec. 12, 1995 (James A. Hayes [LA]); 141 Cong. Rec. 32627,
104th Cong. 1st Sess., Nov. 15, 1995 (Michael Parker [MS]); 141
Cong. Rec. 24717, 104th Cong. 1st Sess., Sept. 12, 1995 (W.J.
[Billy] Tauzin [LA]); 141 Cong. Rec. 18252, 18253, 104th Cong.
1st Sess., July 10, 1995 (Gregory H. Laughlin [TX]); and 141
Cong. Rec. 12396, 18397, 104th Cong. 1st Sess., May 10, 1995
(J. Nathan Deal [GA]).
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, July 27, 2000.
[[Page 467]]
Hon. Jeff Trandahl,
Clerk, U.S. House of Representatives, H-154, Capitol,
Washington, DC.
Dear Mr. Trandahl: Effective July 26, 2000, please change my
party designation on your official records and databases to
``REPUBLICAN.''
Your assistance is appreciated.
Sincerely,
Matthew G. Martinez,
Member of Congress. -------------------
COMMUNICATION FROM THE HONORABLE MARTIN FROST, CHAIRMAN,
DEMOCRATIC CAUCUS
The SPEAKER pro tempore laid before the House the following
communication from the Honorable Martin Frost, Chairman of the
Democratic Caucus:
Democratic Caucus,
House of Representatives,
September 13, 2000.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you that the Honorable
Matthew Martinez of California has resigned as a Member of the
Democratic Caucus.
Sincerely,
Martin Frost,
Chairman. -------------------
COMMUNICATION FROM THE SPEAKER
The SPEAKER pro tempore laid before the House the following
communication from the Speaker of the House of Representatives:
Office of the Speaker,
U.S. House of Representatives,
Washington, DC, September 13, 2000.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations, U.S. House
of Representatives, Washington, D.C.
Dear Mr. Chairman: This is to advise you that Representative
Matthew G. Martinez's election to the Committee on International
Relations has been automatically vacated pursuant to clause 5(b) of
rule X effective today.
Sincerely,
J. Dennis Hastert,
Speaker of the House. -------------------
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to the foregoing
communications, the party affiliation of Representative Martinez
has been switched for informational voting record purposes and
[[Page 468]]
his committee memberships have been vacated.
Had the foregoing communication of July 27, 2000, from
Representative Martinez to the Clerk been laid before the House at
that time, the party affiliation for voting informational purposes
would have been changed or, as has been the case in the past, the
process would have been timely noticed in writing to the chairman
of the Democratic Caucus who, in turn, would notify the Speaker by
letter pursuant to clause 5(b) of rule X.
Allegations of Improprieties
Sec. 7.9 The chairman of a special investigating committee, having been
accused of accepting fees for appearing before a government agency,
tendered his resignation from such committee after taking the floor
in defense of his position.
On Sept. 30, 1943,(1) Speaker Sam Rayburn, of Texas,
recognized Mr. Edward E. Cox, of Georgia, to offer his resignation as
chairman of a special committee to investigate the Federal
Communications Commission after he was charged with accepting a fee for
appearing before a government agency.
---------------------------------------------------------------------------
1. 89 Cong. Rec. 7936, 7937, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
The SPEAKER. The Chair recognizes the gentleman from Georgia
[Mr. Cox].
Mr. COX. Mr. Speaker, I never gave my heart and my hand to
another in friendship but that they were his forever, and nothing
has delighted me more than hazarding injury by going to his aid in
time of stress. This sweet manner of receiving me with such
gracious applause evidences to me that the Members of the House
have this same devotion to this highest of human relationships.
Mr. Speaker, for more than a year, now, I have been the object
of bitter and scurrilous attacks.
Day after day the poisoned shafts of slander have been driven
through my heart. Every effort to tear down and to destroy a
reputation I have spent a lifetime in building has been put forth.
All this is something that I have been compelled to endure in
silence. My hands have been tied--tied by the chairmanship of the
select committee of this House to investigate the F.C.C.
This chairmanship has compelled me to maintain a judicial
attitude which cannot longer be done in the face of the insults and
the slander being hurled at me from day to day.
Mr. Speaker, that which is being dealt out to me is a sorry
wage for a service I have tried to render in the interests of my
fellow men. . . .
Mr. Speaker, moved by these considerations, and fortified by
the concurrence of friends in this House in whose friendship and
judgment I have the utmost confidence, I tender you my resignation
as chairman of the Select Committee to Investigate the Federal
Communications Commission. Its work thus far has been well done.
Its membership is excellent. Its staff is composed of men and women
who are able,
[[Page 469]]
conscientious, and skilled in the work they have undertaken. This
committee must continue its work under a new chairman, freed of any
possible embarrassment of my personal problems or controversies. I
thank you for the honor of having named me chairman of the
committee, and for your expressed confidence in my administration
of its affairs. I urge the House to support, to continue and to
stand solidly back of the work of the committee under its new
chairman, whoever he may be.
So far as I am personally concerned, my love and admiration for
this House, my devotion to its ideals, make it a matter of pride
with me that I, as one of its Members, efface myself so that the
work of one of its committees may go forward. Let no man mistake
me. I shall continue to make the fight where I find it. I leave the
well of this House today with my head unbowed and with my devotion
to my duties undimmed.
The SPEAKER. The resignation of the gentleman from Georgia is
accepted.
Sec. 7.10 Form of final speech by the former Majority Leader engineered
via debate on the question of resignation from committee that was
accepted by unanimous consent.
On June 8, 2006,(1) the following letter of resignation
was laid before the House:
---------------------------------------------------------------------------
1. 152 Cong. Rec. 10498, 10500, 109th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF COMMITTEE ON APPROPRIATIONS
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Appropriations:
House of Representatives,
Washington, DC, June 8, 2006.
Hon. J. Dennis Hastert,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Please accept my resignation, effective
immediately, from the House Committee on Appropriations.
It has been my great pleasure to serve on the committee under
the fine leadership of Chairman Jerry Lewis and Chairman Bill
Young.
Thank you for your attention to this request.
Sincerely,
Tom DeLay,
Member of Congress.
The SPEAKER pro tempore.(2) The question is, Shall
the resignation be accepted?
---------------------------------------------------------------------------
2. Michael K. Simpson (ID).
---------------------------------------------------------------------------
The gentleman from Texas is recognized.
{time} 1715
Mr. DeLAY. Mr. Speaker, political careers tend to end in one of
three ways: defeat, death, or retirement. And despite the fervent
and mostly noble exertions of my adversaries over the years, I rise
today to bid farewell to this House under the happiest of the
available options. . . .
I say good-bye today, Mr. Speaker, with few regrets, no doubt.
And so with love and gratitude for friends and foe alike, patriots
all, I yield back the floor of our beloved House. And I exit as
always, stage right.
[[Page 470]]
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
[Page 470-473]
CHAPTER 37
Resignations
C. Resignations from Committees and Delegations
Sec. 8. Resignations From Delegations and Commissions
Sec. 8.1 A Member's letter of resignation as a delegate to an
international conference is laid before the House.
On Jan. 3, 1961,(1) Speaker Sam Rayburn, of Texas, laid
before the House two letters of resignation of Members as delegates to
the NATO Parliamentarians Conference:
---------------------------------------------------------------------------
1. 107 Cong. Rec. 26, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
November 14, 1960.
The Speaker,
House of Representatives,
Washington, D.C.
Sir: Because of the extreme press of business at the present
time it is impossible for me to attend the NATO Parliamentarians
Conference to be held in Paris this week. Therefore, I hereby
submit my resignation from the House contingent.
I wish to take this opportunity to express to you my gratitude
for your confidence in me in appointing me. If I may be of service
to you in any way I am yours to command.
Most cordially yours,
Merwin Coad,
Representative in
Congress. -------------------
RESIGNATION AS A DELEGATE TO THE NATO PARLIAMENTARIANS
CONFERENCE
The SPEAKER laid before the House the following communication,
which was read:
November 14, 1960.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I sincerely regret that I must tender my
resignation as a delegate to the NATO Parliamentarians Conference
for the year 1960.
I appreciate very much your having appointed me.
Very truly yours,
Robert J. Corbett,
Member of Congress.
The Speaker then announced to the House that pursuant to an order
of the House authorizing him to accept resignations and make certain
appointments, he had appointed two Members to replace the two Members
who had resigned.
Resignations from Commissions
Sec. 8.2 The Chair laid before the House a communication from a Member
resigning from the House Commission on Congressional Mailing
Standards.
[[Page 471]]
On Sept. 20, 2006,(1) the Speaker pro
tempore(2) laid before the House the following
communication:
---------------------------------------------------------------------------
1. 152 Cong. Rec. 18788, 109th Cong. 2d Sess.
Parliamentarian's Note: Because his appointment to the
Franking Commission did not require House approval, neither did
his resignation. Rep. Vernon J. Ehlers (MI) was appointed to
fill this vacancy on the Commission. See Id. at p. 18832.
2. Michael K. Simpson (ID).
House of Representatives,
Washington, DC, September 19, 2006.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Hastert: It has been an honor and a privilege to
serve the House as Chair of the Franking Commission. I am grateful
to Chairman Ehlers for the opportunity I have had to serve in this
position.
I have thoroughly enjoyed working with the majority and
minority staff of the Franking Commission, as we have worked
together to ensure the standards of the Commission have been met.
In particular, I would like to commend Jack Dail and Rich Landon
for unending dedication to the commission. The purpose of this
letter is to inform you that I am removing myself from the Franking
Commission effective today.
Sincerely,
Bob Ney,
Member of Congress.
Sec. 8.3 The Chair laid before the House the resignation of a Member
(the former Majority Leader) from the House Office Building
Commission.(1)
---------------------------------------------------------------------------
1. Before title 40 was codified as positive law in 2002, the statute
appeared at 40 USC Sec. 175.
---------------------------------------------------------------------------
Pursuant to statute (2 USC Sec. 2001), as well as ``recess
appointment'' authority granted by unanimous consent on Dec. 18, 2005,
the Chair announced the Speaker's appointment of the (new) Majority
Leader to fill a vacancy on the House Office Building Commission.
On Mar. 9, 2006,(2) the following occurred:
---------------------------------------------------------------------------
2. 152 Cong. Rec. 3172, 109th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION OF MEMBER AND APPOINTMENT OF MEMBER TO HOUSE OFFICE
BUILDING COMMISSION
The SPEAKER pro tempore(3) laid before the House the
following communication from the Hon. Tom DeLay, Member of
Congress:
---------------------------------------------------------------------------
3. John Campbell (CA).
Congress of the United States,
House of Representatives,
Washington, DC, February 13, 2006.
Hon. J. Dennis Hastert,
Speaker of the House, House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker, I hereby resign my position as a member of
the House Office Building Commission effective immediately.
Sincerely,
Tom DeLay,
Member of Congress.
[[Page 472]]
The SPEAKER pro tempore. Pursuant to 2 U.S.C. 2001, and the
order of the House of December 18, 2005, the Chair announces that
on February 13, 2006, the Speaker appointed the gentleman from Ohio
(Mr. Boehner) to the House Office Building Commission to fill the
existing vacancy thereon.
Sec. 8.4 The Speaker may be authorized by unanimous consent to accept
resignations notwithstanding an adjournment sine die.
On Oct. 14, 1968,(1) Speaker John W. McCormack, of
Massachusetts, was authorized to accept resignations (and appoint
commissions, boards, and committees), notwithstanding adjournment of
the second session of the 90th Congress sine die.
---------------------------------------------------------------------------
1. 114 Cong. Rec. 31313, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I ask unanimous
consent that notwithstanding the adjournment of the 2d session of
the 90th Congress, the Speaker be authorized to accept
resignations, and appoint commissions, boards, and committees
authorized by law or by the House.
The SPEAKER. Is there objection to the request of the gentleman
from Oklahoma?
There was no objection.
On Dec. 15, 1967,(2) Mr. Albert asked for unanimous
consent that, notwithstanding the adjournment of the first session of
the 90th Congress, Speaker McCormack be authorized to accept
resignations (and to appoint commissions, boards, and committees
authorized by law or by the House). There was no objection and it was
so ordered.
---------------------------------------------------------------------------
2. 113 Cong. Rec. 37190, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. ALBERT. Mr. Speaker, I ask unanimous consent that
notwithstanding the adjournment of the first session of the 90th
Congress, the Speaker be authorized to accept resignations, and
appoint commissions, boards, and committees authorized by law or by
the House.
The SPEAKER. Without objection, it is so ordered.
There was no objection.
On Oct. 22, 1965,(3) Speaker McCormack was authorized to
accept resignations and to appoint commissions, boards, and committees
authorized by law, notwithstanding adjournment sine die.
---------------------------------------------------------------------------
3. 111 Cong. Rec. 28563, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, I ask unanimous
consent that notwithstanding the adjournment of the 1st session of
the 89th Congress, the Speaker be authorized to accept
resignations, and to appoint commissions, boards, and committees
authorized by law or by the House.
The SPEAKER. Is there objection to the request of the gentleman
from Louisiana?
There was no objection.
[[Page 473]]
Sec. 8.5 The Speaker was authorized by unanimous consent to accept
resignations notwithstanding an adjournment to a day certain.
On Oct. 13, 1970,(1) Mr. Carl Albert, of Oklahoma, asked
for unanimous consent that, notwithstanding any adjournment of the
House until Nov. 16, 1970, the Speaker be authorized to accept
resignations and to appoint commissions, boards, and committees
authorized by law or by the House. Speaker John W. McCormack, of
Massachusetts, asked if there was any objection to the request of the
gentleman from Oklahoma and there was none.
---------------------------------------------------------------------------
1. 116 Cong. Rec. 36600, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. ALBERT. Mr. Speaker, I ask unanimous consent that
notwithstanding any adjournment of the House until November 16,
1970, the Speaker be authorized to accept resignations and to
appoint commissions, boards, and committees authorized by law or by
the House.
The SPEAKER. Is there objection to the request of the gentleman
from Oklahoma?
There was no objection.
Informing House of Resignations During Adjournment
Sec. 8.6 The Speaker and party leaders may be authorized by unanimous
consent to accept resignations from commissions, boards, and
committees, as authorized by law or by the House, for a stated
period.
On Jan. 8, 2003,(1) the House by unanimous consent
authorized Speaker J. Dennis Hastert, of Illinois, Majority Leader Tom
DeLay, of Texas, and Minority Leader Nancy Pelosi, of California, to
accept resignations and make appointments to commissions, boards, and
committees during the first session, as authorized by law or by the
House.
---------------------------------------------------------------------------
1. 149 Cong. Rec. 239, 108th Cong. 1st Sess.
---------------------------------------------------------------------------
Ms. [Deborah] PRYCE [of Ohio]. Mr. Speaker, I ask unanimous
consent that during the first session of the 108th Congress, the
Speaker and majority leader and minority leader be authorized to
accept resignations and to make appointments authorized by law or
by the House.
The SPEAKER pro tempore.(2) Is there objection to
the request of the gentlewoman from Ohio?
---------------------------------------------------------------------------
2. Dennis R. Rehberg (MT).
---------------------------------------------------------------------------
There was no objection.
[[Page 474]]
[Page 474-515]
CHAPTER 37
Resignations
D. Resignations of Officers, Officials, and Employees
Sec. 9. Procedure
Officers
Sec. 9.1 A Speaker has resigned ``effective upon the election of his
successor.''
On May 31, 1989,(1) Speaker James C. Wright, Jr., of
Texas, was recognized by the Chair on a question of personal privilege.
During the course of his remarks, the Speaker announced to the House
his resignation as Speaker effective upon the election of his successor
and his intention subsequently to resign as a Member of the House.
Speaker Wright was the first Speaker to resign since Speaker Schuyler
Colfax in 1869.(2)
---------------------------------------------------------------------------
1. 135 Cong. Rec. 10431-41, 101st Cong. 1st Sess.
2. For a listing of Speakers of the House, see www.clerk.house.gov/
art--history/house--history/speakers.html.
See also 1 Hinds' Precedents Sec. 225.
---------------------------------------------------------------------------
QUESTION OF PERSONAL PRIVILEGE--JIM WRIGHT, SPEAKER OF THE
HOUSE
The Speaker pro tempore. (Mr. Foley).(3) The Chair
recognizes the distinguished Speaker of the House.
---------------------------------------------------------------------------
3. Thomas S. Foley (WA).
---------------------------------------------------------------------------
Mr. WRIGHT. Mr. Speaker, I ask that I may be heard on a
question of personal privilege.
The SPEAKER pro tempore. The distinguished Speaker is
recognized for 1 hour.
(Mr. Wright asked and was given permission to revise and extend
his remarks and include extraneous matter.)
Mr. WRIGHT. Mr. Speaker, for 34 years I have had the great
privilege to be a Member of this institution, the people's House,
and I shall forever be grateful for that wondrous privilege. I
never cease to be thankful to the people of the 12th District of
Texas for their friendship and their understanding and their
partiality toward me.
Eighteen times they have voted to permit me the grand privilege
of representing them here in this repository of the democratic
principles.
Only a few days ago, even in the face of harsh news accounts
and bitter criticisms, they indicated in a poll taken by the
leading newspaper in the district that 78 percent of them approved
of my services, and that includes 73 percent of the Republicans in
my district. I am very proud of that.
And you, my colleagues--Democrats and Republicans--I owe a
great deal to you. You have given me the greatest gift within your
power to give. To be the Speaker of the U.S. House of
Representatives is the grandest opportunity that can come to any
lawmaker anywhere in the Western World, so I would be deeply remiss
if I did not express my sincere appreciation to you for that
opportunity.
I would hope that I have reflected credit upon the people of my
district who know me best, perhaps, and upon
[[Page 475]]
the people of this House who, next to them, know me best.
I am proud of a number of things that we have done together
while you have let me be your Speaker. I am proud of the record of
the 100th Congress.
Many people feel that it was the most responsive and productive
Congress in perhaps 25 years, and all of you who were here in that
Congress had a part in that.
Many of the things we did were truly bipartisan in character.
Together we made it possible for great leaps forward to be made in
such things as U.S. competitiveness in the world. Together we
fashioned the beginnings of a truly effective war on drugs--to
stamp out that menace to the streets and schools and homes of our
Nation.
We began the effort to help the homeless, and we still have
work to do to make housing affordable to low-income Americans so
that there will not be any homeless in this country.
We did things to help abate the financial disaster of
catastrophic illness, to provide for welfare reform, clean water,
and a great many other things that I shall not detail.
For your help, your great work, and for permitting me to be a
part of this institution while that was happening, I thank you and
I shall forever be grateful for your cooperation.
I love this institution. I want to assure each of you that
under no circumstances, having spent more than half my life here,
this House being my home, would I ever knowingly or intentionally
do or say anything to violate its rules or detract from its
standards. All of us are prone to human error.
The Speaker of the House is, in fact, the chief enforcer of the
rules of the House. It is really a wonderful thing that any Member
of the House may, at his or her will, bring questions against any
other Member and under our rules the case must be investigated. I
have no quarrel with that, nor do I have any criticism of the
people who serve on the Committee on Standards of Official Conduct.
That is a thankless job, and we have to have such a committee.
For nearly a year I have ached to tell my side of the story.
True, the questions which I have to respond to keep changing. But
today silence is no longer tolerable, nor, for the good of the
House, is it even desirable.
So without any rancor and without any bitterness, without any
hard feelings toward anybody, I thank you for indulging me as I
answer to you, and to the American people, for my honor, my
reputation, and all the things I have tried to stand for all these
years.
For the past year, while the Committee on Standards of Official
Conduct has had these matters under advisement, I have ached for
the opportunity to speak. Almost daily I besought the committee to
let me come and answer whatever questions the Members had on their
minds.
Finally, on the 14th of September, 1988, they gave me 1 day in
which to respond. I gratefully went and spent the whole morning and
the whole afternoon, answering as candidly and as freely as I
possibly could, any question that anyone asked. I believe when I
left everyone was reasonably well satisfied.
Suffice it to say that the five original charges were dropped,
dismissed. In
[[Page 476]]
their place, however, came three additional charges. Well, some
said 69. But the 69 are actually just a matter of multiple counting
of the 3.
In April the committee said, well, the members thought there
was some reason to believe that rules may have been violated in
these three basic areas.
I owe it to you, and to the American people, to give a
straightforward answer on those three areas.
While I am convinced that I am right, maybe I am wrong. I know
that each of us, as Benjamin Franklin suggested, should be careful
to doubt a little his own infallibility.
Before those charges were issued, press leaks filtered out
almost daily, tarnishing my reputation and, by inference, spilling
over to the reputation of this institution.
I pleaded for the privilege to come and answer those questions.
Under the rules, that was not permitted to me. And the charges were
formally made.
So let us look at them--one by one--dispassionately.
The committee has raised three basic questions. It does not say
there is clear and convincing proof that I violated the rules; it
does not say that the committee knows I violated the rules. The
committee said it had some reason to believe I may have violated
the rules. For these last few weeks I have been trying to
understand that and get an opportunity to address it.
Now is the day; I am going to do it now.
The three questions are these: One relates to my wife Betty's
employment at $18,000 a year for some 4 years by a small investment
corporation which she and I formed with friends of ours, George and
Marlene Mallick. Did the salary and the attendant benefits of that
employment--the use of an apartment when she was in Fort Worth on
company business and the use of a company-owned car--constitute
merely a sham and subterfuge and a gift from our friend Mr.
Mallick? Betty's employment and those things related to it--were
they gifts?
{time} 1610
Members have read in the papers the suggestion made by
committee counsel that I may have received up to $145,000 in gifts
from my friend, Mr. Mallick. Half of it, $72,000, was Betty's
income, Betty's salary. The other half involved the use of a car
and use of an apartment. The question is whether this is right or
wrong. Let us look at it.
Betty's employment--was this a gift? The first question, I
suppose Members might be asking, is why was Betty working for the
corporation. Why did we put her to work at $18,000 a year? The
answer is very simple. She was the only one of the four of us who
had the time and the inclination to handle the job--to look into
the investment opportunities that our investment corporation was
created to explore. George Mallick was too busy looking after his
own interests. He has business interests of his own. Marlene
Mallick was raising a family. I was busy being a Member of Congress
and majority leader. I did not have any time to spend on it. Betty
alone, among all of us, had the time, the opportunity, the
experience, and the desire to give effort and energy to exploring
and promoting investment opportunities.
[[Page 477]]
She did, indeed, perform work. It paid off for the little
corporation. She did it well. She studied and followed the stock
market on regional stocks. I had brought into the corporation some
that I had owned personally, in my personal estate. Betty advised
us as to the best time to sell, the best time to buy, and the
corporation made some money on those regional stocks. Not a lot of
money by some people's standards, but we made some money. Betty's
work paid for her salary, several times over.
She made very frequent contacts with a drilling company that
was working on a series of exploratory west Texas gas wells, in
which each of the partners had an interest, having all borrowed
money from the corporation in order to invest. She visited the site
of drilling and maintained contact with the company for us.
She went to New York and studied the gemstone business and the
corporation made an investment in gemstones. We made some money on
that. Betty also looked into the possibility of the corporation,
Mallightco, building an apartment complex for young people but she
concluded that the interest rates were unfavorable. Betty also
spent a considerable amount of time studying the wine culture
industry which was then just getting started in Texas. She made an
economic study that concluded it was too speculative for a little
corporation of our type.
She looked into other prospective investments such as a small
and limited partnership in the movie, ``Annie,'' and a prospective
venture in sulfur extraction, but advised against both of those
investments. It was lucky for us that she did because people
investing in them lost money.
Now I want to include for printing in the Record affidavits
from several business people who know from their personal
experience and attest to the work that Betty did in this regard.
There will appear in the Record, at this point, an affidavit by
Pamela L. Smith, one by Kay F. Snyder, one by John Freeman, one by
Louis A. Farris, Jr., and one by J.B. Williams, all attesting to
their personal knowledge of the things Betty did in working for the
corporation at $18,000 a year.
The affidavits follow:
Affidavit
State of Texas,
County of Tarrant, ss:
Personally before me, the undersigned authority, a Notary
Public in and for the County of Tarrant, State of Texas, duly
commissioned and qualified, there came and appeared Pamela L.
Smith, who being first duly sworn, did depose and say:
``My name is Pamela L. Smith, my address is 921 Holly,
Crowley, Texas 76036. I am the Managing Director of The Mallick
Company and its affiliates.
I have read in newspapers, magazines and hear on T.V. that
Mr. Phelan has made the charge that Mallightco was a sham
corporation and Mrs. Betty Wright did not do work or earn her
pay. These charges are completely false and I have given
testimony of this information to the Ethics Committee when I
appeared before them.
I was first introduced to Mrs. Wright in 1973 by my
employer Mr. Mallick. I was 23 years old. Through the years
Mrs. Wright became a role model to me. Mrs. Wright encouraged
me to join a professional business women's club. On her advice,
I
[[Page 478]]
joined Zonta International in 1978. I became the youngest
President of the Fort Worth Chapter in 1982.
I became associated with Mrs. Wright professionally when
she began working for Mallick Properties, Inc. in 1979. Mrs.
Wright worked on the Mallick Concept from 1979-1981. The
Mallick Concept was a small apartment unit designed for the
young adult to be built throughout the Sunbelt area. Mrs.
Wright, along with other staff including myself, studied
approximately 10 different cities throughout the Sunbelt
states. Mrs. Wright was excited about being a part of a team to
develop and construct an apartment designed especially for
young people. Mrs. Wright liked the idea of an apartment that
was affordable for young people--first-time apartment dwellers
and young married couples out on their own.
Mrs. Wright traveled often to many cities to discuss the
concept with attorneys, city planners and engineers. Mrs.
Wright along with others would survey the cities and locate
building sites. She would return, complete her notes, and help
prepare lengthly written reports.
In the latter part of 1979, I helped assemble and form the
corporation Mallightco Inc. to be owned by the Mallicks and the
Wrights. The Wright's contribution was $58,127 in stocks and
securities. The stock was delivered to me. As assistant
secretary of Mallightco, the stock was under my safekeeping.
Thereafter, I was in charge of day-to-day operations of
Mallightco, Inc., under Mr. Mallick's direction.
In 1981, Mrs. Wright left Mallick Properties' payroll and
went on the Mallightco Inc. payroll at $18,000 a year.
Mrs. Wright pursued many business opportunities presented
to Mallightco, including, but not limited to the following:
1. Barite and chemical.
2. Lou Farris--Chain Bank.
3. Everman Property.
4. Nigerian Oil Trading.
5. Matrix Oil.
6. Brazos River Vineyard and Winery.
7. ``Annie''--the movie.
8. Oil and gas investments.
Additionally, Mrs. Wright met with Mr. Mallick and business
associates on so many occasions that it is impossible to recall
each, but I attended dozens of meetings with Mrs. Wright and
Mr. Mallick from 1981 through 1984 on Mallightco business both
in and outside of our offices.
For newspapers or Mr. Phelan to suggest that Mrs. Wright
did not work is unreasonable and untrue. In addition to the
above projects, I know that Mrs. Wright regularly tracked stock
market/interest rate trends and discussed on the telephone by
long distance Mallightco business affairs.''
Sworn to upon my oath, this 15th day of April, 1989.
Pamela L. Smith.
Given under my hand and seal of office this 15th day of
April, 1989.
Dorothy C. Wing.
Notary Public in and for the State of Texas.
Affidavit
State of Texas,
County of Tarrant, ss:
Personally before me, the undersigned authority, a Notary
Public in and for the County of Tarrant, State of Texas, duly
commissioned and qualified, there came and appeared Kay F.
Snyder, who being first duly sworn, did depose and say:
``My name is Kay F. Snyder, my address is 3813 Mattison,
Fort Worth, Texas 76107. I am Director of Dining Enterprises,
Inc. the corporate owner and operator of restaurants located in
Fort Worth.
[[Page 479]]
Beginning in 1978, I and my husband at that time, Armand
Jones, began a vineyard in Parker County, Texas. Our vineyard
was successful and in the early 1980's we then began exploring
the idea of developing a winery project to produce wine at our
vineyard and to market it in the restaurants we owned, as well
as to conduct tours of the vineyard and winery.
Beginning in 1981, I had discussions with the Mallick
group, initiated by Betty Wright. Although we never entered
into a joint venture for the development of this project, I
personally met with Betty Wright, Congressman Jim Wright and
Mr. George Mallick and other representatives of their group
over a period of several years to investigate the feasibility
of this project.
The first substantive meeting was in July of 1984 and
included Betty Wright, Jim Wright and I; however, all of the
business that was discussed was between Betty and myself. Over
the next year, Betty and I had numerous meetings at the
vineyard, and telephone conferences regarding the project. Our
meetings were lengthy, lasting from five to eight hours each.
On one occasion, Betty Wright, Jim Wright and I spent a full
day touring the vineyard and reviewing projections and
proposals regarding the winery. Subsequent to my multiple
meetings with Betty Wright, I had at least 8 meetings with
George Mallick. After extended research, projections and
negotiations, we were unable to reach an agreement and the
joint venture was never consummated.
From the inception, this proposed joint venture was a
project in which Betty Wright took an active part, contributing
many hours of her time and her management and business skills
to the analysis and development of the project. She initiated
our negotiations and was active throughout the process. In all
our meetings, she was well informed on the subject, asked
intelligent questions and was thorough in pursuing the details
of the project knowledgeably and in a business-like manner. In
fact, when I was in meetings with both George Mallick and Betty
Wright, Betty led the discussion.
In summary, as regards the Mallick group's consideration of
our winery proposal, Betty Wright was in charge and in control
of the project. She initiated the contact, invested many hours
of her time and had an active, meaningful and integral role in
the Mallick group's analysis and evaluation of our proposal.''
Sworn to upon my oath, this 15th day of April, 1989.
Kay F. Snyder.
Given under my hand and seal of office this 15th day of
April, 1989.
Dorothy C. Wing.
Notary Public in and for the State of Texas.
Affidavit
State of Texas,
County of Tarrant, ss:
Personally before me, the undersigned authority, a Notary
Public in and for the County of Tarrant, State of Texas, duly
commissioned and qualified, there came and appeared John A.
Freeman, who being first duly sworn, did depose and say:
``My name is John A. Freeman, and my address is 5100
Crestline, Fort Worth, Texas 76107. I am an investor with
interests in many different industries. I came to Fort Worth in
1967 and was introduced to Congressman Wright by Mr. Amon
Carter, Jr. in 1968.
Shortly after Mr. Wright married Betty Wright I met them at
a reception and continued to see them at irregular intervals.
In 1978 and 1979 I mentioned to Congressman Wright
[[Page 480]]
that I had enjoyed moderate success in investing in some
shallow wells with Southeastern Resources. He said that he only
had modest funds to invest but would like to invest in oil and
gas exploration. I told him of a well that I had an interest in
and he invested in a small percentage.
In 1979, at Congressman and Betty Wright's anniversary
party, Betty introduced me to Mr. George Mallick and asked if I
could meet with them at some convenient time to discuss
business opportunities.
Shortly after that anniversary party, I met with Betty at
Mr. Mallick's office and she explained that he was an investor
as I was, and she was to assist him in looking for
opportunities in the real estate, oil, or possibly other areas
and that she would appreciate the chance to look at
opportunities I might be interested in and that they in turn
would do the same for me. I then met with Mr. Mallick and he
discussed his various business experiences.
In early 1979 or 1980, I was having dinner with Mr. Jim
Ling in Fort Worth and discussing the formation of a company to
acquire interests in the energy field. Mr. Mallick and Betty
Wright were dining at the same club and come by the table and
were introduced to Mr. Ling. The following day I called Betty
and told her that I was discussing an investment in Matrix
Energy with Mr. Ling and it might be something that Mr. Mallick
would be interested in. She told me that her position was no
longer that of an employee but that she and Mr. Mallick had
formed a company that they jointly owned. I furnished her all
the information I had on Matrix Energy. Approximately six
months later, I received a call from Betty and she told me that
they had no interest in Matrix.
In 1982, I met with Congressman Wright in Fort Worth and he
informed me that George Mallick and Betty were in New York
working and that he was going to join them when he left Fort
Worth. At that time, I was working with an institutional
investor and was planning to meet with them in New York. As I
was going to be in New York, I arranged to meet with George,
Jim and Betty there. We met and I told them what I was
presently working on in the real estate field and they asked to
meet with me in Fort Worth to see if they had any projects that
we might do together.
Betty, George and I met in Fort Worth approximately two
weeks later and I was furnished a description of property that
they either knew of or controlled to see if we had any
interest. I submitted properties that I had and the other
properties to my investor. It was decided that we should pursue
one project that Betty and Mr. Mallick had submitted.
I called Betty and she referred me to Mr. Mallick. We then
worked for a period of approximately 2 months on our
feasibility study during which time I met with Betty and George
on several occasions. As a result of our failure to pre-lease
the project, we decided not to build the building. Betty was
active throughout the development and consideration of this
project.
Beyond the consideration of these two projects, I had
numerous contacts with Betty and George in New York City where
I ran into them while they were pursuing various business
investments.
In summary, to my personal knowledge, Betty Wright was an
active and hard working member of the Mallick investment group.
She was the person who introduced me to George Mallick and she
worked with George and me throughout our consideration of the
Ling investment and the office building project in Fort Worth.
[[Page 481]]
Based on my personal experience with Betty Wright and
George Mallick, Betty was a full and equal partner in
everything we tried to do together. She was the primary reason
I was involved with Mallightco and she was involved every step
of the way.''
Sworn to upon my oath, this 15th day of April, 1989.
John A. Freeman.
Given under my hand and seal of office this 15th day of
April 1989.
Dorothy C. Wing.
Notary Public in and for the State of Texas.
State of Texas,
County of Tarrant, ss:
Affidavit
Personally before me, the undersigned authority, a Notary
Public in and for the County of Tarrant, State of Texas, duly
commissioned and qualified, there came and appeared Louis A.
Farris, Jr., who being first duly sworn, did depose and say:
``My name is Louis A. Farris, Jr., and my address is 8214
Westchester, Suite 91J, Dallas, Texas 75225. I am President of
Empire Financial Corporation.
Over a period of several months beginning in the summer of
1983, I had three meetings in my Dallas office with George
Mallick and Betty Wright to discuss various investments
proposals for which I was seeking partners.
At our first meeting, Congressman Wright was also in
attendance. George, Betty, the Congressman and I discussed my
group's interest in acquiring common stock of the First
National Bank of Weatherford then held by Mallightco. As a
result of our discussions, the First National Bank of
Weatherford, bought the stock from Mallightco for approximately
$25,000.
Over the next several months George, Betty and I met two
more times in my office. At the time I was attempting to
assemble a chain of banks in several states and I was looking
for partners and investors. George and Betty reviewed my
proposal, but decided not to participate in that venture with
me.
From the outset of our meetings, I was told that George and
Betty were co-owners of an investment company and all of my
dealings with them confirmed such an arrangement. George and
Betty both participated in all of our discussions and
negotiations. In every way, Betty was a full and responsible
partner in all of their dealings with me.
Sworn to upon my oath, this 15th day of April, 1989.
Louis A. Farris, Jr.
Given under my hand and seal of office this 15th day of
April, 1989.
Dorothy C. Wing.
Notary Public in and for the State of Texas.
Affidavit
State of Texas,
County of Tarrant, ss:
Personally before me, the undersigned authority, a Notary
Public in and for the County of Tarrant, State of Texas, duly
commissioned and qualified, there came and appeared J. B.
Williams, who being first duly sworn, did depose and say:
``My name is J.B. Williams, my address is 6150 Indigo
Court, Fort Worth, Texas 76112. I am Chief Executive Officer of
Southeastern Resources Corporation, an independent oil and gas
producer. Beginning in 1979, Congressman Jim Wright, his wife,
Betty Wright, George Mallick and his wife, Marlene Mallick
began a business relationship with our
[[Page 482]]
company which led to the drilling of approximately 25 oil and
gas wells over a period of 2-3 years, with the production from
these wells continuing for approximately 10 years. The business
relationship began with a meeting in 1979 in which Mr. and Mrs.
Wright and Mr. and Mrs. Mallick met with our company and
various personnel, George Jett, Vice President of Field
Operations, Jean Williams, Executive Vice President, Dan
Flournoy, Comptroller, Bill McCormick, Field Engineer and later
on field people and other administrative personnel.
I had the perception that George Mallick and Betty Wright
made the ultimate decisions to participate in the drilling of
the wells with our company. That perception was simply because
Betty and George asked more questions, and Betty in particular
asked for and received the various contract forms and
geological data of the intended area of drilling interest.
Later on and for several years Betty made many visits to our
office to gather information on the joint interest. She also
made many telephone calls with regard to same.
To the best of my memory Betty made more than one trip to
Brown County for on-site inspection of the joint oil and gas
interest and on one occasion Congressman Wright, Betty, George
and Marlene visited several wells with me and I was impressed
by Betty's technical questions. My memory is not specific but
the impression lingered that she, more than anyone else in the
Mallick group, including George Mallick, attempted to learn the
why and wherefores of the business in which the group was
investing its money.
On many occasions I made visits to the Mallick offices on
Hulen Street to discuss some aspects of the group's oil and gas
interest and in my memory George always called Betty into these
meetings and appeared to rely on her for dates, recall,
opinions and decisions. These are lingering and lasting
impressions as opposed to specifics, but I can testify under
oath that though I was not aware of any details of any
employer-employee relationship between Mallick and Betty
Wright, she was in my strong opinion an integral person in the
on-going business affairs of the Wrights and Mallicks, and in
regard to their investments with my company, she took a
leadership role.
I have known George many years and greatly admire his
entrepreneurial enterprise but like most of us business types
his successes have been attendant with some failures. It is not
more than a personal opinion but during Betty's years with
George, I judged she helped him achieve a balance that he
didn't have in the years before or after their association.
This affidavit is given on a voluntary basis. I have
neither seen nor talked with Congressman Wright (except to see
him on television) since May of 1988. I have not seen the
Mallicks for several years, although I have spoken to George on
the telephone as recently as last month and we did discuss the
investigation. Congressman Wright, Betty Wright, the Mallicks
nor anyone else has asked me to volunteer this information.
The purposes of this affidavit is to personally refute the
Ethics Committee allegation and accusations that Betty Wright
was a sham employee of George Mallick. I will be glad to
testify before any authorized investigative body to the truth
of these statements.''
Sworn to upon my oath, this 15th day of April, 1989.
J.B. Williams.
Given under my hand and seal of office this 15th day of
April, 1989.
Dorothy C. Wing.
[[Page 483]]
Notary Public in and for the State of Texas.
The outside counsel employed by the committee has suggested
that Mrs. Wright's employment somehow amounted to a gift. I do not
know why, but he assumed that the services she rendered could not
have been worth $18,000 a year. How he concludes that she did not
perform duties is to me a mystery.
On page 20 of the statement of alleged violation, there is a
very strange suggestion that, ``there was no evidence either
supporting or establishing that the money paid to Mrs. Wright was
in return for identifiable services or work products.'' Frankly, I
do not know exactly what Mr. Phelan means by ``work products.''
Does he want so many pages of old shorthand notes? So many
pages of typed manuscript? Betty was not a carpenter.
Is a woman's mental study, her time and her advice, not to be
counted as a work product? How the committee could conclude that
there was ``no evidence'' that Betty performed duties is very
puzzling to me. There certainly is no evidence that she did not.
When I was before the committee, that was not one of the things
that was being considered. The committee did not ask me to go into
any elaborate details as I have just done--to tell them the things
that she did.
The committee assumed--assumed--that there was no evidence. Oh,
but there was evidence. Both the people of whom questions were
asked, aside from myself, Mr. Mallick and Pamela Smith, testified
that she did indeed work.
Mr. Phelan's report says that Pamela Smith could not identify
any more than maybe 12 days in the whole 4-year period in which
Betty worked. That is an inaccurate representation of what Mrs.
Smith said. Pamela Smith, both in this affidavit and in her
testimony before the committee, clearly said she saw Betty there
from 5 to 7 days every month including weekends. Mrs. Smith spoke
of her knowledge of Betty doing work in Washington and New York and
elsewhere. So there was surely evidence.
Well, is one to conclude that my wife's services to a little
corporation were worth less than $18,000? For most of her adult
life Mrs. Wright has been a business person. She has been an
officer in a large hotel, an officer in a successful real estate
and construction firm, and a professional staff person on a
congressional committee. She was making more than $18,000 when she
worked for the congressional committee.
And here is the irony, the supreme irony: In 1976, when I was
elected majority leader, Betty voluntarily left her job as a
professional staff person on the committee so as to avoid any
criticism of this institution or of her husband on the grounds that
we both were on the public payroll. How many colleagues in the
House and the Senate do Members know whose wives are on the public
payroll, doing good work? Yet Betty did not want to be the cause
for even unfounded criticism. She was legally entitled to continue.
She had occupied that job before our marriage. But she chose to
leave, to save the institution and her husband from unwarranted
criticism. That is the kind of person she is.
[[Page 484]]
Now it just seems to me that there is not any justification at
all for any person even raising a question about whether she earned
her $18,000 a year. Should a Member of Congress have to prove that
his wife earned that much money? Bear in mind, this money was not
paid by Mr. Mallick. The money was paid by the corporation of which
Betty and I were half owners.
In addition to charging that Betty's salary was a gift, the
outside counsel contends, in summing up $145,000 in gifts, that
Betty had the use of the company car. That is true, she did. For
the first 3 years it was used largely by Mr. and Mrs. Mallick. The
next 4 years, Betty had most use of it.
It was not Mr. Mallick's car, it was the company car. The
company bought and paid for it. We owned half of it. The next 4
years Betty had most of the use of it.
I have done what I can to resolve any doubt. I wanted to do the
right thing--the honorable thing. I bought and paid for that car
out of my personal funds.
The trustee of my blind trust, at my instruction, paid the
corporation full book value for the car on the day Betty first
started driving it on company business, plus interest. The interest
amounted to about $3,000.
What more can I do? Does that make it right? That has already
been done.
Concerning the apartment, Betty and I have been more than
anxious to do what is right and honorable about that. We did not
think there was anything wrong with paying a per diem rate. The
apartment was not held out for rent to anybody else. It was not
owned for rental purposes. The Mallick family did not want anybody
also in the apartment. The family owned about six apartments in
this unit or complex. They held those apartments out for their
employees and their families. There would not have been anybody in
the apartment paying any amount of money at all if they had not
permitted us, when we were in town, to occupy the apartment. We
paid on a daily basis for our use of that apartment.
But in an effort to resolve any doubt, last year I told Mr.
Mallick that I did not like the situation being criticized. He said
``Ralph Lotkin, the counsel for the Committee on Standards, said it
was all right.'' Mr. Mallick pointed out that 4 years ago, there
was in the Fort Worth Star-Telegram newspaper a statement quoting
the chief counsel of the Committee on Standards, Mr. Lotkin, as
saying that be [sic] did not see anything improper with the per
diem arrangement on the apartment. I relied on that.
Nevertheless, last year I said to George Mallick, ``I want to
buy the apartment, George. I want to pay you for it.'' I did. I
paid the amount suggested as appraised by two real estate persons
in Fort Worth, $58,000. Now, if anybody thinks that is too low a
price, I will sell it to you today for $58,000.
Well, I just wanted to clear the air and remove doubts and say
that if we made a mistake, we have done what we can to set things
right. I do not think we violated any rules. I think you are
entitled to know that, and my respect for you leads me to want to
tell you that.
The second alleged violation is based on the assumption that
Betty's employment and the job benefits that she had
[[Page 485]]
were gifts, and the further assumption that George Mallick, our
friend and business partner, had a direct interest in influencing
legislation, which would make it a violation of the rules for us to
accept gifts from him.
Now how does the committee arrive at that suggestion? I have
known Mr. Mallick for more than 25 years. He has been my friend. He
has been a good, decent, hard-working man, a man of Lebanese
extraction. His father had a wholesale grocery store in Fort Worth.
His grandfather came there with a wagon, a cart. George has been a
moderately successful businessman.
Never once in all the years I have known this man has he ever
asked me to vote for or against any piece of legislation--not once.
That is not the basis of our friendship. That is not the way our
relationship goes. You have friends like that; they do not ask you
for anything. All they want is to be a friend. Not one time has he
asked me to intercede with any administrative agency of government
in his behalf or in behalf of any institution in which he has an
interest--not once.
How do they say that he had a direct interest in influencing
legislation? Well, on page 58 of the committee report, it is
suggested that simply because he was in the real estate business
and because he had some oil and gas investments, the committee
might ``infer''--that is the word--the committee might infer that
he could be deemed a person with an interest of a direct nature in
legislation.
The committee suggested he might have an interest in the Tax
Code. Well, who does not? Every taxpayer has an interest in the Tax
Code. Anybody who ever expects to receive Social Security has an
interest in the Social Security laws. All people have an interest
of some kind in the results of legislation; do they not?
That is not what we are talking about. We are talking about
whether or not they have an interest in trying to influence the
course of legislation.
Now where would you go to find out what that means? If somebody
wants to associate with you in some way and be in business with you
back home in a perfectly legal way, where would you go to find out
whether they have an interest in legislation or not? Whom would you
consult if you were in doubt about it? I was not in doubt, but
suppose you were. Would you think you could consult the
publications of the committee or consult the people who wrote the
rules?
Well, the people who wrote the rules do not think George
Mallick had an interest in legislation. David Obey was the chairman
of the committee that drafted those rules. He asserts clearly,
unequivocally, emphatically, and unambiguously, both in an
affidavit and an op ed he wrote for the Washington Post, the
definition that does not fit George Mallick's case. Mr. Mallick
does not have an interest in legislation, as defined under the
rules, the rules that David and his committee wrote.
Harold Sawyer, a former Republican Member from Michigan, who
served on that committee along with David Obey, says the same
thing. I have an affidavit from Mr. Sawyer in which he states
exactly that same conclusion.
And there is an affidavit of Donald F. Terry, who is currently
employed by the Committee on Small Business, but
[[Page 486]]
who was a staff member of the Commission on Administrative Review
which was charged in 1976 with responsibility for drafting new
rules of official conduct for the House. Most of what he refers to
has to do with the question of book royalties, and I shall come to
that next.
But in these matters, these three people who had a great deal
to do with writing the rule say that is not what they intended when
they wrote the rule. I offer these for printing in the Record, as
follows:
[From the Washington Post, Apr. 25, 1989]
The Wright Report--They're Misapplying the Rules
(By David Obey)
I would like to offer some thoughts about the manner by
which Congress and the nation reach judgments on the ethics of
public men and women.
My only particular credential is that in 1977 I chaired the
commission that rewrote, reformed and strengthened the House
Code of Conduct under which Speaker Jim Wright is now being
judged.
Of course, the ethics of public figures should be judged in
a broad context. It is ironic, as George Will has thoughtfully
noted [op-ed, April 18], that in the '80s the ethics of public
figures are being discussed solely in terms of personal or
financial acts.
When I first unpacked my bag of Wisconsin progressive
values 20 years ago, as an idealistic 30-year-old newcomer to
Congress, I had the idea--and still have the idea--that public
decisions which deny decent shelter to today's poor and steal
from the living standards of tomorrow's families in order to
continue the fiction that wealthy people are undertaxed are at
least as unethical as, say, Judge Ginsburg's smoking a
marijuana cigarette or a Cabinet nominee's feeling a female
knee in public. So is lying to Congress about financing an
illegal war.
Of course, there must be a higher standard than that of the
marketplace for those of us who serve in public life. That is
why members of Congress disclose the amounts and sources of
their outside income even though those who report our actions
and shape public opinion in the process do not (disregarding
Adlai Stevenson's warning that those who shape the public mind
may do evil just as great as those who steal the public purse).
I will reach no final conclusion about the speaker's case
until I have all the facts. My purpose in writing is to help
ensure that House rules for which I have prime responsibility
are correctly understood and applied by the House, which must
live by them, and the public, which must be served by them.
I do so with reluctance because rewriting those rules in
1977 was painful. Those rules changes cost some of my
colleagues a lot of money--more than $100,000--and while the
vast majority have recognized that I was simply doing my job
for the good of the institution, a few have never forgiven me.
The issue before the standards committee at the moment is
not, as some have written, whether Jim Wright should remain as
speaker. The issue is whether he has broken House rules. In my
view, two rules cited by the standards committee in its initial
report a week ago are being misapplied.
Book Royalties: In examining the meaning of the rule of
book royalties, the committee report makes two mistakes:
(1) It asserts that the intention of my commission in
drafting the House rule can be determined by
[[Page 487]]
reading Senate debate. But the House rule was adopted before
that Senate debate took place on the basis of testimony before
us that occurred 77 days before Senate consideration.
(2) Committee Counsel Richard Phelan was ``guided by the
language of Advisory Opinion 13'' in determining the royalty
provision. That is wrong because the advisory opinion had
nothing to do with the copyright exemption. It was drafted to
distinguish between earned and unearned income from businesses.
It was never even considered in the context of royalty income.
If today's committee feels that the speaker violated House
rules in his actions on book royalties, it must cite different
rules and a different line of reasoning than the one contained
in its erroneous report.
Interest in Legislation: The second misapplied rule is the
committee's new definition of who has a distinct interest in
legislation. This is crucial because it would determine if or
when the speaker received illegal gifts from George Mallick, a
business associate and a 30-year close, personal friend. The
committee report determined that Mallick had a direct interest
in legislation ``by virtue of the fact that he had large
holdings and investments.'' That interpretation is an
absolutely arbitrary ex post facto rewriting of the rule.
In writing the gift limitation, we made no distinction
whatsoever on the basis of a citizen's economic status.
Advisory Opinion 10, produced to guide members through this
tricky thicket, spelled out four specific covered categories: a
lobbyist, one who hires a lobbyist, one who maintains a
separate political action committee, or one who the member
knows has a distinct and special interest that sets him apart
from others in his class. We specifically warned that members
must be wary of gifts over $100 ``unless such gift is from a
close, personal friend.''
That language (and constant assurances I gave numerous
members in 1977--that it would not be construed to require
members to become accountants in their dealings with lifelong
personal friends) makes it reasonable to assume that for 1981-
1985 Wright could have concluded the rule did not cover
Mallick. I do not know whether he was covered after 1985
because I do not have all the facts. The standards committee
will, I am sure, review those events carefully.
I am confident that the House and the committee will be
mindful of their public obligation and will do whatever is
right. But T.S. Eliot also warned us that the greatest treason
is to ``do the right deed for the wrong reason.''
One other point: I am amused when some members of the press
blithely dismiss as weak the rules under which Wright is being
judged. Any reading of the congressional debate that took place
at the time would leave no doubt that they were regarded as far
too strong by many thoughtful members. And they were also
regarded as being too tough by some members of the press,
including a highly respected reporter for The Post who wrote an
op-ed piece the day we adopted these rules, urging their defeat
because they were too meddlesome. I do not mind the change of
opinion expressed by some in the press today, but I do mind the
sanctimony that occasionally accompanies that change of
opinion.
No branch of government in our 200-year history has so
thoroughly and excruciatingly examined the conduct of anyone
within it as has the House in this instance. That should bring
credit, not condemnation, on the House in which I proudly
serve.
[[Page 488]]
[U.S. House of Representatives before the Committee on
Standards of Official Conduct]
Affidavit of Harold S. Sawyer
In the matter of Speaker James C. Wright, Jr.
State of Michigan,
County of Kent, ss:
I, Harold S. Sawyer, am competent to give affidavits at
law, and testify as follows:
1. I am a partner in the Grand Rapids law firm of Warner,
Norcross & Judd. I served as a Republican Member of Congress
from 1977 to 1985.
2. In 1978, I served as a Republican Member of the House
Select Committee on Ethics (``the Preyer Committee''), which
drafted and later issued a number of Advisory Opinions
implementing and interpreting the House's Rules of Official
Conduct.
3. During my service as a member of the Preyer Committee,
our Committee had occasion to consider Rule XLIII, Clause 4,
which prohibits members from accepting gifts from persons with
a ``direct interest in legislation.'' We were very concerned
with who would be considered to have a direct interest for
purposes of the Rule, since virtually anyone who holds
property, belongs to a profession, receives Social Security or
any other form of government assistance, or works as a farmer
has a ``direct interest'' in legislation before Congress. In
the broad sense, any citizen does, but that certainly was not
what the Rule intended.
4. In my opinion, Rule XLIII Is specifically limited to the
three classes of individuals described in the Rule: lobbyists,
officers or directors of lobbyists, and any person retained by
a lobbyist. Under the legal principal of exressio unus exclusio
alterius, persons not falling within one of these specific
three categories is not covered by Rule XLIII and does not have
a ``direct interest'' in legislation for purposes of the Rule.
To avoid the application of this rule, a draftsman normally
states ``including but not limited to'' or words to this
effect. This was deliberately not done.
5. My understanding from public reports is that Mr.
Mallick--the person from whom Speaker Wright is charged with
having accepted a gift--is not a person who falls within any of
the three categories delineated in Rule XLIII. If he is not,
then in my opinion Speaker Wright cannot have violated the
Rule.
6. While I was serving on the Select Committee, we adopted
Advisory Opinion No. 10, which interprets Rule 43. The Advisory
Opinion indicates that an individual who ``has a distinct or
special interest in influencing or affecting the federal
legislative process which sets such individual . . . apart from
the general public'' is, for purposes of Rule XLIII, an
individual with a ``direct interest'' in legislation. In my
opinion, the Advisory Opinion was intended to describe, not
expand, the scope of Rule XLIII. Indeed, an Advisory Opinion
cannot lawfully expand the scope of a House Rule.
7. Even to the extent some members of the Select Committee
might have believed that Advisory Opinion No. 10 expanded the
scope of Rule XLIII, Mr. Mallick still would not constitute an
individual with a ``direct interest'' in legislation, assuming
that the media description of his activities is accurate. No
one serving with me on the Select Committee ever even suggested
that, under Advisory Opinion No. 10, an individual would be
deemed to have a ``direct Interest'' in legislation simply
because he had real estate investments, oil and gas
investments, or loans from federally insured lending
institutions. Indeed, if such a person
[[Page 489]]
has a ``direct interest,'' then Advisory Opinion No. 10 has
rendered Rule XLIII essentially meaningless, since virtually
anyone would have a ``direct Interest.'' This was not the
purpose or intention of the Committee on which I served.
8. As I previously have advised this Committee, I do not
believe that Speaker Wright's conduct relating to the sale of
books and the receipt of royalties can possibly have violated
House Rule XLVII, the limit on Outside Earned Income. The Rule
expressly excludes copyright royalties from the earned income
limit. This was a blanket exemption. In my opinion, any
qualified lawyer with whom the Speaker had consulted as to
whether he could sell books on which he was paid a royalty
without having the annual 30 percent limit apply, in lieu of
accepting honorariums, certainly would have advised him that he
could do so under the plain terms of Rule XLVII. While this
Committee may conclude that the blanket exemption of copyright
royalties is unwise, it cannot fairly or lawfully reinterpret
that Rule and apply a new definition retroactively in the
current proceedings against the Speaker.
9. Since Speaker Wright plainly has not violated the letter
of the Rule, it would be grossly unfair, in my opinion, to
conclude that he has violated the ``spirit'' of the Rule. It is
difficult to perceive what the ``spirit'' of the Rule is. It
cannot be the restriction of outside income per se, since
unearned income is unlimited, as is earned income from farming,
ranching, or any other family-controlled business. Nor can the
``spirit'' be to limit the time spent by members on outside
activities, since a member is permitted to give four times as
many $500 speeches as he is $2,000 speeches, and since there is
no limit at all on unpaid speeches. Indeed, my understanding is
that the Speaker gave hundreds of speeches for which he
received no honorarium and in connection with which he sold no
books. I point this out only to illustrate the danger and
unfairness of attempting to enforce the ``spirit,'' rather than
the letter, of a House Rule. Lawyers, after all, spend much of
their time advising clients as to how to comply with the letter
of the law while neither attempting nor even being able to make
any sense of the law or determine its ``spirit.''
10. I do not know the Speaker well, and have no partisan
interest in this matter, as should be obvious from my political
affiliation. However, as a lawyer and as one who served on the
Select Committee during the relevant period, I feel obliged to
note the extremely serious legal shortcomings in the
Committee's preliminary interpretation of the House Rules the
Speaker has been charged with violating.
Further affiant sayeth not.
Harold S. Sawyer.
Subscribed and sworn to before me this 22nd day of May,
1989.
Barbara J. Callan.
Notary Public, Kent County, Michigan.
[U.S. House of Representatives before the Committee on
Standards of Official Conduct]
Affidavit of Donald F. Terry
in the matter of Speaker James C. Wright, Jr.
District of Columbia.
I, Donald F. Terry, am competent to give affidavits at law,
and testify as follows:
1. I am currently employed by the House Committee on Small
Business. I was a staff member on the Commission on
Administrative Review, which was charged in 1976
[[Page 490]]
with the responsibility for drafting new Rules of Official
Conduct for the House. I also am the former Staff Director of
the House Select Committee on Ethics, which interpreted and
implemented the House Rules of Official Conduct, once they were
adopted by the House on March 2, 1977.
2. In my capacity as Staff Director of the Select
Committee, I drafted Advisory Opinion No. 13, which was adopted
by the Select Committee to clarify the application of House
Rule XLVII (the Rule dealing with limitations on Members'
outside earned income).
3. My understanding, and--to my knowledge--the
understanding of all members of my staff and of the Select
Committee at the time, was that the express copyright royalty
exclusion contained in Rule XLVII was a blanket exclusion.
4. During the course of drafting Advisory Opinion No. 13, I
had several meetings and conversations with Douglas D.
Drysdale, a member of the law firm of Caplin & Drysdale, who
had been retained by the Select Committee to provide expert
counsel and technical assistance concerning issues relating to
the application of House Rule XLVII. One provision proposed by
Mr. Drysdale for inclusion in Advisory Opinion No. 13 was a
subparagraph entitled ``Real Facts Controlling.'' The
subparagraph, which I accepted for inclusion in my draft of the
Advisory Opinion, provides that ``The limitations proposed by
Rule XLVII may not be avoided by devices designed to circumvent
them. In all cases, the real facts will control'' My
understanding of this provision and the basis on which I
included it in the draft was that it principally related to the
concern that a Member might try to mischaracterize earned
income (which is limited under Rule XLVII) as unearned income
(which is not limited). To my recollection, there was no
discussion either between me and Mr. Drysdale or in my
conversations with members regarding the specific application
of this subsection to Rule XLVII's exclusion of copyright
royalties from the earned income limitation.
5. Mr. Drysdale and his law firm did submit proposed
language specifically relating to copyright royalties, which
language arguably would have restricted the otherwise blanket
copyright royalty exclusion in Rule XLVII. I rejected this
proposed language, however, just as I rejected a number of
other provisions proposed by Mr. Drysdale in his 29-page
memorandum. Because I rejected at a staff level the copyright
royalty language proposed by Mr. Drysdale, to the best of my
knowledge, it was never reviewed by the members of the Select
Committee, and, therefore, cannot be now used as a basis to
interpret application of Rule XLVII.
6. In the course of the investigation of Speaker Wright,
neither the Outside Special Counsel nor any member of the
Committee's staff has interviewed me or otherwise sought my
view as to the proper interpretation of Rule XLVII or Advisory
Opinion No. 13.
Further affiant sayeth not.
Donald F. Terry.
Sworn to and subscribed by the undersigned Notary Public on
this 22 day of May, 1989, to certify which witness my hand and
seal of office at 1:35 PM.
Thomas J. Lankford.
Notary Public in and for the District of Columbia.
Where else might you turn if you were in doubt? Might you not
possibly go to the committee itself and see what advisory opinions
it has given? Here is the publication the committee sends to all of
us to tell us what is and what is not legal. Each year we receive
this as
[[Page 491]]
instructions for filling out our financial disclosure statements.
Appendix E is an advisory opinion No. 10 which defines who has a
direct interest in legislation under the rules. It says:
If the Member does not believe that the donor of the gift
has a distinct or special interest in the congressional
legislative process which set him clearly apart from the
general public, then the Member should feel free to accept such
gifts.
That is the official advice from the committee given to every
Member. Then it defines, in summary, who has an interest in
legislation as prohibited under the rule. It given four classes.
That is all.
Listed first are registered lobbyist. George Mallick is not a
registered lobbyist.
Next comes any person who employs a registered lobbyist. George
Mallick never did that.
Third, it refers to somebody who directs or operates a
political action committee. George Mallick has never done that.
And finally, any other individual which the Member ``knows''--
not ``should know'' or ``ought to suspect or ``ought to infer,''
but which the Member knows has distinct or special interest in
influencing or affecting the legislative process. The definition is
not just somebody who has got an interest financially in the
outcome of legislation. Not at all. It is rather somebody you know
who has a direct or special interest in influencing the outcome of
the legislative process which sets that individual apart from the
general public.
{time} 1630
My colleagues, that was just simply not the case with George
Mallick. He had no direct interest in legislation of any type.
Now we have motions before the committee to set aside that
presumption of Mr. Mallick's having a direct interest in
legislation. Personally, I do not have reason to believe he has.
The only thing the committee has suggested is that in 1986 his
son borrowed money from a savings and loan to build a shopping
center, wholly apart and separate from any investments Betty and I
had. Then in 1987, the lending institution had to foreclose on the
son's loans.
But note the years involved here. Betty was employed,
purportedly as a gift, from 1981 to 1984. Mr. Mallick could not
have known in 1981 and 1984 that his son was going to borrow money
in 1986, and that the thing would go bad in 1987, and that an
economic decline would make it possible for him to pay off his note
on time. He could not have known that in any way.
I ask my colleagues: ``Would you stretch this rule to the point
of saying it covers that just anybody who has a member of his
family who owes money to a bank or a savings and loan?''
Of course my colleagues would not. That would cover more than
half the citizens of the country.
The people who wrote the rules do not believe that Mr. Mallick
is covered. So I think under all reasonable circumstances that our
dismissal motion ought to be agreed to. Our motion ought to be
agreed to, if rules mean anything--if we are not just going to turn
the whole thing on its head and change the rules by whim every time
we turn around.
Now the third count that remains in the statement of alleged
violations
[[Page 492]]
which concerns the sales of a book called ``Reflections of a Public
Man,'' which I wrote and which was sold sometimes in bulk
quantities to people who took it and gave it away to other people--
students, newspapers, public officials, and members of their
organizations. Did I want these books circulated widely? Of course
I did. My colleagues know that I wanted to get the widest possible
distribution of the book. A book that you write, you know, is a
part of you. You think of it as a child almost.
Now this book probably is not great literature, but I like it.
Marty Tolchin of the New York Times, John Silber, president of
Boston University; Jim Lehrer of the MacNeil/Lehrer Report; and Dr.
Bill Tucker, chancellor of TCU, all said nice things about it. And
I appreciate that.
Now, the contention of the committee, as I understand it, is
that the publication of this book, from which I got $3.25 for every
one that sold, was a kind of a sham and a subterfuge in itself and
an overall scheme for me to exceed and violate the outside earnings
limitation on a Member of Congress. Do my colleagues think that I
would so something like that?
The purpose of the book was to publish something that could be
sold at a small price and get wide distribution. If monetary gain
had been my primary interest, do my colleagues not think I would
have gone to one of the big Madison Avenue publishers--the houses
that give writers big advances?
I know people who have received advances before a single book
sells from those big companies--advances twice or three times as
much as I got in the total sale of all those books. If it had been
a scheme to get around outside earning limits, that is what I might
have done.
I hear that a woman author of a book called ``Mayflower
Madam,'' got $750,000 in advance royalties. Our former Speaker, Mr.
O'Neill, is said to have received $1 million for his excellent and
readable book in advance before any of them were sold. I have read
that a woman named Kitty Kelly received as much as $2 million in
advance royalties for a book she has written on Nancy Reagan and
which, as I understand it, is not even an authorized biography.
Well, so much for that.
It is true, I think, that people on my staff were eager to sell
these books. They knew I wanted them sold. I have got to accept
full responsibility for that if it was wrong. But the rule does not
say it was wrong.
It could not have been an overall scheme to avoid outside
earning limits because the rules are clear. They are not equivocal.
The rules expressly exempt royalty income, and that, too, is
attested to by the gentleman from Wisconsin (Mr. Obey), and it is
attested to by Donald Terry who gives the rationale. There were not
any exceptions; book royalties were exempted.
Now maybe book royalties should not have been exempt. But the
rules clearly say that they are.
Maybe somebody got the impression that buying a book was a
price of getting me to make a speech. I never intended that
impression. I never suggested that. I hope that friends of mine did
not.
Of all the books that were sold, the committee suggests that
seven cases
[[Page 493]]
involved instances where individuals associated with organizations
to which I made speeches bought multiple copies of the book and
distributed them among members of the organization or others.
Now I have not been permitted to see a copy of their testimony,
so I do not know exactly what the witness said. I have asked people
on my staff, ``Did you tell these folks that they had to buy these
books or I wouldn't make a speech?'' and they said, ``no, they did
not.''
The total amount, as I figure, from all of those sales involved
only about $7,700. That is what I received.
My colleagues know I would do whatever was necessary, whatever
was right. If any of those people were under the impression that I
was not going to make a speech to them unless they bought a bunch
of books, and if they wanted their money back, I would give them
that money. I do not want the money. That is not important. What is
important is a person's honor and his integrity.
During that 3-year period, the committee says there were seven
instances where I made speeches to groups that bought copies of
these books. In that period, I made at least 700 speeches for which
I did not get any honorarium at all, and no one offered to sell
anybody a book. Do my colleagues suppose that, if this had been an
overall scheme, that there would not have been a wider kind of an
experience than that? I do not know. I am just saying to my
colleagues that I did not intend to violate the outside earning
limitation, and I do not believe legally that I did.
Some of the rest of my colleagues make a lot of speeches. I
ask, ``How many speeches do you suppose you make that you don't get
anything for?'' Most of us make many.
One other thing about the book that I suppose needs elaboration
involves the allegation in the statement of alleged violations that
a man named S. Gene Payte, a reputable businessman in Fort Worth,
paid for more books than he got from the publisher. That is what
was said in the report of the outside counsel.
S. Gene Payte, upon reading that report, issued an affidavit
that is not ambiguous at all. Here is what Mr. Payte says, I will
read in part this affidavit and put the whole thing in the Record.
He says:
I have read the Report of Special Outside Counsel Richard
J. Phelan on the Preliminary Inquiry conducted pursuant to the
Committee's June 9, 1988 resolution, as it relates to my
testimony. I also have reviewed the transcript of my deposition
testimony. The Report, and also the conclusions reached by the
Special Counsel, ignores much of the most pertinent testimony
in the transcript, takes certain statements out of context,
distorts clear statements of fact and in general, fails fairly
and accurately to summarize the matters as to which I
testified.
And the conclusion reached by the Special Counsel that Wright
violated the rule was, quoting the affidavit, ``based on his [Mr.
Phelan's] categorical assertion that, `Gene Payte did not receive
the books?' ''
{time} 1640
The Special Counsel asserts,
[[Page 494]]
Payte
And I am quoting--
Testified that he only received between 300 and 500 copies
of the old book for his $6,000 and makes the flat statement,
``Gene Payte did not receive the books.'' Citing as authority
Payte's transcript, on page 77.
Now here is what Payte says:
On the contrary, I did not so testify. I stated not once,
but three times, that I believed 1,000 books were delivered to
me.
And he cites the transcript of this testimony, pages 27, 40,
and 41.
Mr. Payte goes on:
The Special Counsel ignores this testimony. Instead, he
cites Transcript 77. That citation does not support the Special
Counsel's assertion. Transcript 77 shows that Congressman
Myers--not I--made the comment, ``I believe you said you
received 3 to 500 books.''
I did not confirm his recollection, my reply being, ``I
would like to have the new books.'' (Tr. 77). In fact, I never
so testified.
So this is a copy of that affidavit which I should like to
submit for the Record, together with a copy of a letter that was
sent by the committee to Mr. Payte after he issued this affidavit
telling him he ought not to comment.
Affidavit of S. Gene Payte
The State of Texas,
County of Tarrant, ss:
Before me the undersigned authority on this date personally
appeared S. Gene Payte, known to me to be the person whose name
is subscribed hereto, and he being duly sworn did depose and
say the following:
My name is S. Gene Payte. I reside at 6450 Sumac, Fort
Worth, Tarrant County, Texas 76116. I have personal knowledge
of the matters contained herein.
On or about October 17, 1988, I was called to testify in
the proceeding before the Committee on Standards of Official
Conduct of the U.S. House of Representatives, in the matter of
Speaker James C. Wright, Jr.
I have read the Report of Special Outside Counsel Richard
J. Phelan (``R.'') on the Preliminary Inquiry conducted
pursuant to the Committee's June 9, 1988 resolution, as it
relates to my testimony. (R. 85-86). I also have reviewed the
transcript (``Tr.'') of my deposition testimony. The Report,
and also the conclusions reached by the Special Counsel,
ignores much of the most pertinent testimony in the transcript,
takes certain statements out of context, distorts clear
statements of fact and in general, fails fairly and accurately
to summarize the matters as to which I testified.
The conclusion reached by the Special Counsel that ``Wright
violated Rule XLIII, Clause 4 (R. 86) was based on his
categorical assertion that, ``Gene Payte did not receive the
books.'' (Id.). The Special Counsel asserts, ``Payte testified
that he only received between 300 and 500 copies of the old
book for his $6,000 (R. 86), and makes the flat statement,
``Gene Payte did not receive the books'' (Id), citing as
authority, ``Payte Tr. 77''.
On the contrary, I did not so testify. I stated, not once,
but three times, that I believe 1,000 books were delivered to
me. (Tr. 27, Tr. 40, Tr. 41). The Special Counsel ignores this
testimony. Instead, he cites Tr. 77. That citation does not
support the Special Counsel's assertion. Transcript 77 shows
that Congressman Myers--not I--made the comment, ``I believe
you said you received three to five hundred books.'' I did not
confirm his recollection, my reply being, ``I would like to
have the
[[Page 495]]
new books.'' (Tr. 77). In fact, I never so testified.
Apparently, Congressman Myers had in mind a telephone
conversation (a transcript of which I had furnished to the
Committee) which I had had with a reporter several months
earlier when the question had first arisen and before I had the
opportunity to check any records or refresh my memory. In that
conservation I had stated that over a period of time I bought
and gave away about a thousand books, but I also had stated in
the telephone conversation that I took delivery of, ``just four
or five hundred books, or three or four hundred books.'' There
had been some confusion in that early telephone interview both
as to the question of whether I was to receive additional books
from an anticipated new printing and as to whether the books
from the original printing which I actually [sic] had received
constituted what I termed ``delivery'' of all of the books
which I had purchased and which I was to receive. At no time in
my deposition before the Committee did I testify that I had
received only between 300 and 500 books. When Mr. Kunkle put
the question to me directly, my response was, ``No, I think he
delivered more than that.'' (Tr. 52). I did not intend to say,
and did not say to the Committee in my testimony, that I had
received only that number of books. However, I was still
desirous of receiving additional books which would identify Mr.
Wright as Speaker rather than Majority Leader. As I testified
before the Committee (which testimony was ignored by the
Special Counsel in his Report), I believed that Mr. Moore had
delivered 1,000 books to me, but I was ``not for sure'' (Tr.
27) and I repeated twice thereafter that I believed I had
received approximately 1,000 books. (Tr. 40, Tr. 41). Later in
my testimony, when Mr. Kunkle asked if it was my best
recollection that in fact Mr. Moore delivered somewhere between
300 and 500 books to me, I responded that I thought that he
delivered more than that. (Tr. 52).
Since testifying, I have discovered positively that in fact
approximately 1,000 books were delivered to me. While I had
believed this to be the case, I had not been absolutely certain
of the fact. I now am certain. I had taken two large cases of
books to the home which I have in Rockport, Texas and had
forgotten this fact. These books, together with the books which
I had in Fort Worth, totaled 1,000. To reiterate, I received
all of the 1,000 books which I purchased.
I also am disturbed by the false statements, implications
and innuendoes contained in the Report relative to my
motivation in purchasing the books. As I testified, it is true
that I had desired to make a cash gift to Jim Wright as an
expression of appreciation for all that he has done for the
community, the state and the nation. (Payte Ex. 4, Tr. 21). I
have made a practice for several years of giving money to
various charities, individuals, family members and things in
which I believe, (Tr. 18, Tr. 35-36, Tr. 55, Payte Ex. 15). It
is my belief that the members of the Congress are underpaid,
particularly with the necessity to support two households, and
I wished to make a contribution to a Congressman whom I admired
and whom I felt had been of service to his community, state and
nation. (Tr. 32). Since I had not had any direct interest in
legislation, had none at the time and did not expect to have
any such interest in the foreseeable future, I had believed
that it would be permissible to make a gift with no strings
attached to Jim Wright. However, he refused to accept it. I
then learned that he was interested in distributing his book,
``Reflections of a Public Man,'' as widely as possible and I
felt that it would be worthwhile to do so. I believed that
distribution of the book,
[[Page 496]]
particularly among young people, might encourage them to go
into public service. (Tr. 28, Tr. 32, Tr. 36, Tr. 53, Tr. 77).
This was not a subterfuge to attempt to put money into Jim
Wright's pocket that I could not otherwise give him, although
of course I realized that he would get some benefit from
whatever the royalties might be. (Tr. 36).
The Special Counsel states in his Report, ``Payte contacted
his attorney, Tom Law. Law and Payte continued to search for a
way to help Wright. Law suggested that instead of giving Wright
cash, Payte make a contribution to support bringing one of
Jim's book up to date with a new addition.'' (R. 85). That
statement is absolutely untrue. Mr. Law never made any such
suggestion. I made the decision on my own and later told him
about it. The statement that my attorney, Tom Law, ``advised
Payte how to make a cash contribution to Wright by paying to
have Wright's book `updated'.'' (R. 168). Also is wholly
untrue. Mr. Law and I did not even discuss ``how to make a cash
contribution to Wright by paying to have Wright's book
updated.'' Our only discussion, before I decided to buy the
book, was my having asked him whether I could make a cash
contribution to Jim Wright. He asked me whether I had any
direct interest in legislation, whether I had had such an
interest in the past, and whether I anticipated that I would
have in the future. When I responded in the negative to each of
these questions, he told me that he believed that such a gift
would be permissible, but that he was concerned that there
conceivably could be some Congressional rule regarding such a
gift which he would want to check out before he gave me a final
conclusion. He also told me that such a gift conceivably could
be misinterpreted and perhaps be embarrassing, even though it
was perfectly legitimate. He went out of the city shortly after
this conversation, and I proceeded to attempt to make the gift
to Mr. Wright. However, he would not accept it and returned the
check. At this point, knowing of Mr. Wright's desire to
distribute his book widely, I made the decision to purchase a
large quantity of Jim Wright's books and support bringing the
book up to date with a new edition. I made this decision on my
own without consultation with Mr. Law. He later wrote a letter
to Mr. Dee Kelly, President of the Wright Congressional Club in
Fort Worth, and reported the facts to him as a matter of
interest. (Payte Ex. 4).
Signed this 21st day of April 1989.
S. Gene Payte.
Sworn to and subscribed before me by S. Gene Payte, this
21st day of April 1989.
Christy Moak Cox,
Notary Public.
Committee on Standards of Official Conduct,
Washington, DC, May 5, 1989.
Mr. S. Gene Payte,
6450 Sumac,
Fort Worth, TX.
Dear Mr. Payte: It has come to our attention that on April
21, 1989, you executed an affidavit addressing matters raised
during your testimony before the Committee on October 17, 1988.
In particular, your affidavit states that you were called to
testify before the Committee in connection with the Preliminary
Inquiry in the matter of Representative James C. Wright, Jr.;
and that as a result of having reviewed the transcript of your
deposition and the report of the Special Outside Counsel, you
have taken exception to a number of statements attributed to
you at the time of your testimony.
[[Page 497]]
Regardless of the position you have taken in your April 21,
1989, affidavit, which has been publicly circulated, the fact
remains that at the time of your deposition you were expressly
admonished by the Ranking Minority Member who presided at the
deposition ``that these proceedings have been taken in
executive session, which means you are not to discuss anything
that took place here with anyone other than your counsel.'' The
transcript of the deposition reflects your agreement with the
instruction given to you by the Ranking Minority Member. See,
October 17, 1988, transcript at pp. 77-78.
In view of the foregoing, your affidavit represents a
course of conduct in direct violation of the admonition given
to you at your October 17, 1988, deposition. Accordingly, we
wish to notify you that the matter of your violation may be
taken up by the Committee and, once again, to direct you to
refrain from any further discussion of your testimony with
anyone not serving as your legal counsel.
Sincerely,
Julian C. Dixon,
Chairman.
John T. Myers,
Ranking Minority Member.
What do you think of that? A private citizen, a reputable
citizen of my community, is misquoted in a document published at
public expense, and sent widely to newspapers throughout the
country. It is widely cited as authority, uncritically, and assumed
to be accurate. The citizen being misquoted issues an affidavit to
straighten it out so that he is not misquoted in the public record,
and then he is warned by the committee that he might be held in
violation and in contempt of Congress if he does not shut up.
First amendment rights supersede any rules of any committee,
and any citizen of the United States ought to have the right to
have his own testimony correctly characterized and not be
threatened, or silenced by a House committee. Any House committee
owes to a citizen of the United States that right and that
privilege.
Well, those are basically the matters pending before the
committee in our motion to dismiss. Those motions could clear the
air.
Rules are important, just as the constancy of what a law means
is important. The committee can resolve these particular legal
issues as to what constitutes direct interest in legislation and
whether or not book royalties are exempt, as the rules say they
are.
I think it is important for the motions to be ruled upon, and I
earnestly hope the committee will look at it from that standpoint
and grant our motions.
Members are entitled to know what the rules mean and if they
still mean what they meant when they were written and promulgated.
Now, maybe the rules need to be changed. If so, let us change
them in a legal, orderly way. Let us vote on them. Let us vote to
change them. Maybe the whole process needs some change and
clarification.
You know, the House may want to consider establishing a House
to whom Members can look for official advice and then rely on that
advice.
The rules of the committee itself might need some
reconsideration.
I have gone through this agonizing experience for about a year
now. Almost every day there is a new story and a newspaper leak
without any
[[Page 498]]
chance for me to know what is coming next, no chance for me to go
to the committee and answer it and say, ``Hey, wait a minute. That
is not correct. That is not right.''
Maybe the committee which is currently required to sit both as
a kind of grand jury and a petit jury ought to have a different
composition, rather than having those who issue the statement of
alleged violations being the same people who have to judge them. I
think it clearly is difficult to expect Members who publicly
announce reason to believe there is a violation to reverse their
position at the hearing stage and dismiss charges against a Member.
And maybe once a report of alleged violations is issued, the
committee rules ought to allow the Member to respond expeditiously.
To deny a Member the opportunity to reply quickly can cause
serious political injury. It is unfair. Once alleged violations are
announced, the committee ought to release immediately to the Member
all the evidence that it has to backup what it has alleged.
In my case, for example, the committee has yet to release any
witness testimony or documents that it obtained during the
investigation.
Why hide the evidence? What is there to hide? This ought not to
be the kind of proceeding in which strategic maneuvering is allowed
to override fundamental principles of fair play.
I urge the abolition of the gag order, too, which the committee
says forbids any witness who comes and makes a deposition from
discussing publicly or telling his side of the thing.
In addition charges which the committee concludes are unfounded
should not be published and widely disseminated as though they were
true and bear the imprimatur of the committee's approval.
Now, there are other things you ought to consider. I am not
trying to give you an exhaustive list of what might happen. I know
there are others who have views that are equally relevant.
Perhaps we want to consider an outright abolition of all
honoraria and speaking fees. Maybe we want to do that in exchange
for a straightforward honest increase in the salary for members of
all three branches of Government. I do not know. It is up to the
House.
It is intolerably hurtful to our Government that qualified
members of the executive and legislative branches are resigning
because of ambiguities and confusion surrounding the ethics laws
and because of their own consequent vulnerability to personal
attack. That is a shame, but it is happening and it is grievously
hurtful to our society.
When vilification becomes an accepted form of political debate,
when negative campaigning becomes a full-time occupation, when
members of each party become self-appointed vigilanties carrying
out personal vendettas against members of the other party. In God's
name that is not what this institution is supposed to be all about.
When vengeance become more desirable than vindication and harsh
personal attacks upon one another's motives and one another's
character drown out the quiet logic of serious debate on important
issues--things that we ought to be involving ourselves in--surely
that is unworthy of our institution, unworthy of our American
political process.
[[Page 499]]
All of us in both political parties must resolve to bring this
period of mindless cannibalism to an end. There has been enough of
it.
{time} 1650
I pray to God that we will do that and restore the spirit that
always existed in this House. When I first came here, all those
years ago in 1955, this was a place where a man's word was his
bond, and his honor and the truth of what he said to you were
assumed. He did not have to prove it.
I remember one time Cleve Bailey of West Virginia in a moment
of impassioned concern over a tariff bill jumped up and made an
objection to the fact that Chet Holifield had voted. In those days
we shouted our answers to the votes, and Mr. Holifield was there in
the back, and Bailey said, ``I object to the vote of the gentleman
from California being counted.'' He said, ``He was not in the
Chamber when his name was called and, therefore, he is not entitled
to vote.''
It was a close vote. Speaker Rayburn grew as red as a tomato,
and I thought he was going to break the gavel when he hammered and
said, ``The Chair always takes the word of a Member,'' and then
because I was sitting over here behind Cleve Bailey, I heard other
Members come and say, ``Cleve, you are wrong. Chet was back there
behind the rail. I was standing there by him when he answered. His
answer just was not heard.'' Others said he should not have said
that. Cleve Bailey, the crusty old West Virginian, came down and
abjectly, literally with tears in his eyes, apologized for having
questioned the word of a fellow Member. We need that.
Have I made mistakes? Oh, boy, how many? I have made a lot of
mistakes--mistakes in judgment. Oh yes, a lot of them. I will make
some more.
Let me just comment on this briefly, because it is such a
sensational thing, and injury has been done to me in this
particular moment because of it. John Mack--and many of you
remember him, know him, and I think a lot of you like him and
respect him. I helped John one time in his life when he was about
20 years old. I did not know him and had never met him. I did not
know the nature of the crime of which he had been convicted. I knew
only that John Mack was a young man whom my daughter had known in
high school. My daughter was married to his brother, incidentally,
and that is how she knew about John. She mentioned it to me. All I
knew was that he had been convicted of assault and that he had
served 27 months in the Fairfax County jail.
Contrary to what has been published, I did not intervene with
the court. I did not suggest anything to the court. I did not have
anything to do with his sentencing. I really did not know and did
not inquire, and maybe that is bad judgment. I did not inquire as
to the exact nature of the crime.
The sheriff's office in Fairfax County called me and asked me
if I would know of any job that I could help this young man get.
They wanted to parole him. They said he had been a model
rehabilitative prisoner. I gave him a job as a file clerk at $9,000
a year, and he really blossomed and grew and developed.
Those of the Members who know him found the story hard to
conceive,
[[Page 500]]
as I did, when finally just 2 years ago I read in the newspaper the
precise nature of that crime. It just did not fit his character.
John was married and had two beautiful children. He was wonderfully
responsible. I think he had become a very fine person.
Was that bad judgment to hire John? Maybe so. It does not have
any thing to do with the rules, but it got all mixed up with it, I
do not think though that it is bad judgment to try to give a young
man a second chance. Maybe I should have known more about him. But
in this case I think he has turned out well.
I do not believe that America really stands for the idea that a
person once convicted should forever be condemned, but I think
maybe he ought to have a second chance, and that is what I thought
in the case of John Mack. Good judgment or bad, I believe in giving
somebody a second chance.
Have I contributed unwittingly to this manic idea of a frenzy
of feeding on other people's reputations? Have I caused a lot of
this? Maybe I have. God, I hope I have not, but maybe I have. Have
I been too partisan? Too insistent? Too abrasive? Too determined to
have my way? Perhaps. Maybe so.
If I have offended anybody in the other party, I am sorry. I
never meant to. I would not have done so intentionally. I have
always tried to treat all of our colleagues, Democrats and
Republicans with respect.
Are there things I would do differently if I had them to do
over again? Oh, boy, how many may I name for you?
Well, I tell you what, I am going to make you a proposition:
Let me give you back this job you gave to me as a propitiation for
all of this season of bad will that has grown up among us. Let me
give it back to you. I will resign as Speaker of the House
effective upon the election of my successor, and I will ask that we
call a caucus on the Democratic side for next Tuesday to choose a
successor.
I do not want to be a party to tearing up this institution. I
love it.
To tell you the truth, this year it has been very difficult for
me to offer the kind of moral leadership that our institution
needs. Because every time I try to talk about the needs of the
country, about the needs for affordable homes--both Jack Kemp's
idea and the ideas we are developing here--every time I try to talk
about the need for a minimum wage, about the need for day care
centers, embracing ideas on both sides of the aisle, the media have
not been interested in that. They wanted to ask me about petty
personal finances.
You do not need that for a Speaker. You need somebody else, so
I want to give you that back, and will have a caucus on Tuesday.
Then I will offer to resign from the House sometime before the
end of June. Let that be a total payment for the anger and
hostility we feel toward each other.
Let us not try to get even with each other. Republicans,
please, do not get it in your heads you need to get somebody else
because of John Tower. Democrats, please, do not feel that you need
to get somebody on the other side because of me. We ought to be
more mature than that.
Let us restore to this institution the rightful priorities of
what is good for
[[Page 501]]
this country. Let us all work together to try to achieve them.
The Nation has important business, and it cannot afford these
distractions, and that is why I offer to resign.
I have enjoyed these years in Congress. I am grateful, for all
of you have taught me things and been patient with me.
{time} 1700
Horace Greeley had a quote that Harry Truman used to like:
Fame is a vapor, popularity an accident. Riches take wings.
Those who cheer today may curse tomorrow. Only one thing
endures: character.
I am not a bitter man. I am not going to be. I am a lucky man.
God has given me the privilege of serving in this, the greatest law
making institution on Earth, for a great many years, and I am
grateful to the people of my district in Texas and grateful to you,
my colleagues, all of you.
God bless this institution. God bless the United States.
[Applause.]
Speaker Wright announced his resignation as Speaker on May 31,
1989, effective upon the election of his successor, on June 6,
1989.(3) On that day, Speaker Wright conducted the election
of his successor; he recognized the chairman of the Democratic Caucus
and the chairman of the Republican Conference for nominations for the
Office of Speaker, appointed tellers for an alphabetical roll call
vote, announced the result of the vote (at which point his resignation
as Speaker became effective), and appointed a committee to escort the
Speaker-elect to the chair to be sworn in. The following proceedings
occurred:
---------------------------------------------------------------------------
3. 135 Cong. Rec. 10800-803, 101st Cong. 1st Sess.
---------------------------------------------------------------------------
ELECTION OF SPEAKER
The SPEAKER. Pursuant to the Speaker's announcement of
Wednesday, May 31, 1989, the Chair will receive nominations for the
Office of Speaker.
The Chair recognizes the gentleman from Pennsylvania [Mr.
Gray].
Mr. [William (Bill) H.] GRAY [III]. Mr. Speaker, as chairman of
the Democratic Caucus, I am directed by the unanimous vote of that
caucus to present for election to the Office of the Speaker of the
House of Representatives the name of the Honorable Thomas S. Foley,
a Representative from the State of Washington.
The SPEAKER. The Chair now recognizes the gentleman from
California [Mr. Lewis].
(Mr Lewis of California asked and was given permission to
revise and extend his remarks.)
Mr. [Jerry] LEWIS of California. Mr. Speaker, as chairman of
the Republican Conference, I am directed by the unanimous vote of
that conference to present for election to the Office of the
Speaker of the House of Representatives the name of the Honorable
Robert H. Michel, a Representative from the State of Illinois. . .
.
The SPEAKER. The Honorable Thomas S. Foley, a Representative
[[Page 502]]
from the State of Washington, and the Honorable Robert H. Michel, a
Representative from the State of Illinois, have been placed in
nomination.
Are there any further nominations?
There being no further nominations, the Chair will appoint
tellers.
The Chair appoints the gentleman from Illinois [Mr. Annunzio];
the gentleman from California [Mr. Thomas]; the gentlewoman from
Colorado [Mrs. Schroeder]; and the gentlewoman from Nebraska [Mrs.
Smith].
The tellers will come forward and take their seats at the desk
in front of the Speaker's rostrum.
The roll will now be called, and those responding to their
names will indicate by surname the nominee of their choice.
The reading clerk will now call the roll.
The tellers having taken their places, the House proceeded to
vote for the Speaker.
The following is the result of the vote:
[Roll No. 73] . . .
The SPEAKER. The tellers agree in their tallies that the total
number of votes cast is 417, of which the Honorable Thomas S.
Foley, of Washington, has received 251 and the Honorable Robert H.
Michel, of Illinois, has received 164, with 2 voting ``present.''
Therefore, the Honorable Thomas S. Foley, of Washington, is
duly elected Speaker of the House of Representatives, having
received a majority of the votes cast.
Elected Officers
Sec. 9.2 The resignation of an elected officer of the House (other than
the Speaker) is subject to acceptance by the House. In the case of
a vacancy among the elected officers of the House, the Speaker is
authorized by law to appoint a person ``to act as, and to exercise
temporarily the duties of'' the vacant office until a successor is
elected.
On Nov. 18, 2005,(2) the House, by unanimous consent,
accepted the resignation of Jeff Trandahl as Clerk of the House.
---------------------------------------------------------------------------
2. 151 Cong. Rec. 27489, 109th Cong. 1st Sess.
Pursuant to Sec. 208 of the Legislative Reorganization Act
of 1946 (2 USC Sec. 75a-1), Speaker Hastert appointed Karen L.
Haas, of Maryland, to act as Clerk. Mrs. Haas subsequently was
elected as Clerk. See Id. and 153 Cong. Rec. 6, 110th Cong. 1st
Sess., Jan. 4, 2007.
---------------------------------------------------------------------------
RESIGNATION AS CLERK OF HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore(3) laid before the House the
following communication from the Clerk of the House of
Representatives:
---------------------------------------------------------------------------
3. Lee Terry (NE).
Office of the Clerk,
House of Representatives,
Washington, DC, November 18, 2005.
Hon. J. Dennis Hastert,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I am writing to tender my resignation as
Clerk effective upon the appointment of my successor November 18,
2005.
[[Page 503]]
It has been an honor to serve this Institution, its people and
the Nation for more than 20 years. I leave knowing the incredible
ability of the people who serve here and their commitment to the
people they represent.
I will especially depart with a deep sense of admiration and
respect for the individuals working in and with the Office of the
Clerk. I wish to thank them for their efforts over the last seven
years during my tenure as Clerk of the House.
With best wishes, I am
Sincerely,
Jeff Trandahl.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
On Mar. 23, 2000,(4) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House a letter of resignation from the
Chaplain. Upon its acceptance by the House, the Speaker appointed
Father Daniel Coughlin to act as Chaplain and to exercise temporarily
the duties of that office.
---------------------------------------------------------------------------
4. 146 Cong. Rec. 3480, 3481, 106th Cong. 2d Sess.
---------------------------------------------------------------------------
Office of the Chaplain,
House of Representatives,
Washington, DC, March 23, 2000.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: During the last 21 years it has been my
privilege and honor to serve as Chaplain of the U.S. House of
Representatives. I came to the House with a view that the practice
of politics can be a noble vocation and should be considered a high
calling and I leave with that view strengthened and with my
admiration enhanced for the people who serve in government.
I write now to inform you that effective Thursday, March 23,
2000, I resign my office as Chaplain of the House of
Representatives.
It has been a singular opportunity to be elected to the
position of Chaplain and now to be named Chaplain Emeritus, as I
have sought to serve all the Members of the House and to honor
their political and religious traditions. The friendships that have
begun here have nourished my life and my work and I leave with
appreciation for our years together and with a salute for the
opportunities of the future.
With every good wish, I remain.
Sincerely,
James D. Ford,
Chaplain.
The SPEAKER pro tempore. Without objection, and with regret,
the resignation is accepted. . . .
The SPEAKER. Pursuant to 2 U.S. Code, 75a-1, the Chair appoints
Father Daniel Coughlin of Illinois to act as and to exercise
temporarily the duties of Chaplain of the House of Representatives.
Business of the preceding Congress transacted after its adjournment
sine die (including such matters as appointments and communications of
resignations and subpoenas) is reflected in the Congressional Record on
the opening
[[Page 504]]
day of the new Congress under separate headings to show that it is not
business of the new Congress. For example, the Congressional Record for
Jan. 6, 1999,(5) the first day of the 106th Congress,
reflects the resignation of the Clerk in the 105th Congress, effective
Jan. 1, 1999, and the appointment of Jeffrey J. Trandahl to act as
Clerk and to exercise temporarily the duties of that office.
---------------------------------------------------------------------------
5. 145 Cong. Rec. 257, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
The text of the communication from the Clerk of the House, dated
Dec. 21, 1998, is as follows:
Office of the Clerk,
House of Representatives
Washington, DC, December 21, 1998.
Hon. Newt Gingrich,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Dear Mr. Speaker: I write today to inform you of my decision to
end my service as Clerk of the House effective January 1, 1999.
Because of your vision and support, many of the goals you set
at the dawn of the 104th Congress have already been achieved, the
most significant among them being the amount of immediate
legislative information now available to all citizens via the
Internet. Many others are well underway and when fully implemented
will position this Office to support the efforts of the House in
even more dramatic ways as we approach the millennium.
Thank you for providing such a magnificent opportunity for me
to be a part of this unique institution.
With warm regards.
Robin H. Carle.
The text of the communication from the Speaker, dated Dec. 21,
1998, is as follows:
Office of the Speaker,
House of Representatives,
Washington, DC, December 21, 1998.
Re temporary appointment of Clerk.
Hon. William M. Thomas,
Chairman, Committee on House Oversight, Longworth House
Office Building, Washington, DC
Dear Bill: In accordance with 2 USC Sec. 75a-1, I hereby
appoint Mr. Jeffrey J. Trandahl to fill the vacancy in the Office
of the Clerk of the House of Representatives, effective January 1,
1999. Mr. Trandahl shall exercise all the duties, shall have all
the powers, and shall be subject to all the requirements and
limitations applicable to the position of Clerk until his successor
is chosen by the House and duly qualifies as Clerk.
Please contact Dan Crowley, General Counsel in the Office of
the Speaker, if you have any questions.
Sincerely,
Newt Gingrich,
Speaker.
On Mar. 12, 1992,(6) the Speaker laid before the House a
letter of resignation from the Sergeant at Arms. Upon its acceptance by
the
[[Page 505]]
House, the Speaker appointed Werner W. Brandt to act as Sergeant at
Arms and to exercise temporarily the duties of that office.
---------------------------------------------------------------------------
6. 138 Cong. Rec. 5519, 102d Cong. 2d Sess.
---------------------------------------------------------------------------
U.S. House of Representatives,
Office of the Sergeant at Arms,
Washington, DC March 12, 1992
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC
Dear Mr. Speaker: I respectfully submit to you my resignation
as Sergeant at Arms of the United States House of Representatives
effective March 12, 1992.
It has been an honor and a pleasure to serve the Members of
Congress and this institution for the past 25 years.
Thank you.
Sincerely,
Jack Russ,
Sergeant at Arms.
The SPEAKER. Without objection, the resignation is accepted.
There was no objection.
The SPEAKER. Pursuant to the provisions of the legislative
Reorganization Act of 1946, as amended (2 U.S.C. 75a-1), the Chair
appoints Werner W. Brandt of Virginia, to act as and to exercise
temporarily the duties of Sergeant at Arms of the House of
Representatives.
On Feb. 28, 1980,(7) Speaker pro tempore James C.
Wright, Jr., of Texas, laid before the House a letter of resignation
from the Sergeant at Arms. Upon its acceptance by the House, the
Speaker appointed Benjamin J. Guthrie, of Virginia, to act as Sergeant
at Arms and to exercise temporarily the duties of that
office.(8)
---------------------------------------------------------------------------
7. 126 Cong. Rec. 4349, 96th Cong. 2d Sess.
8. Id. at p. 4350.
---------------------------------------------------------------------------
Washington, D.C.,
February 28, 1980.
Hon. Thomas P. O'Neill, Jr.,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: It is with deep personal regret that I submit
herewith my resignation as Sergeant at Arms, U.S. House of
Representatives, effective at the close of business February 29,
1980.
The decision to resign at this time has been most difficult,
and it is done with a feeling of sincere appreciation for having
had the privilege of serving the House for more than thirty years.
My thanks to you, Mr. Speaker, to all Members, and to my fellow
employees for the many personal courtesies and acts of assistance
that have enabled me to perform my assigned duties.
With kind personal regards, I remain,
Sincerely,
Kenneth R. Harding,
Sergeant at Arms.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection. . . .
[[Page 506]]
The SPEAKER pro tempore. Pursuant to the provisions of the
Legislative Reorganization Act of 1946, as amended by Public Law
197 of the 83d Congress, the Chair announces that today the Speaker
has appointed, effective March 1, 1980, Benjamin J. Guthrie, of
Virginia, to act as and to exercise temporarily the duties of
Sergeant at Arms of the House of Representatives.
Without objection, the Chair will now administer the oath.
There was no objection.
The SPEAKER pro tempore. Will the appointee please come to the
well of the House and take the oath of office.
Mr. Benjamin J. Guthrie appeared at the bar of the House and
took the oath of office.
The SPEAKER pro tempore. The gentleman is the Sergeant at Arms,
Acting, of the House.
On Nov. 17, 1975,(9) the Speaker laid before the House a
letter of resignation from the Clerk. Upon its acceptance by the House,
the Speaker appointed Edmund Lee Henshaw, Jr., to act as Clerk and to
exercise temporarily the duties of that office.
---------------------------------------------------------------------------
9. 121 Cong. Rec. 36901, 94th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
November 14, 1975.
Hon. Carl Albert,
Speaker, House of Representatives.
Dear Mr. Speaker: I hereby submit my resignation as Clerk of
the U.S. House of Representatives, effective at the close of
business on November 15, 1975.
With kind regards, I am,
Sincerely,
W. Pat Jennings,
Clerk, House of Representatives.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no
objection. -------------------
APPOINTMENT AS CLERK OF U.S. HOUSE OF REPRESENTATIVES
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. 75a-1(a)), the Chair appoints,
effective at the close of business on November 15, 1975, Edmund Lee
Henshaw, Jr., of Virginia, to act as and to exercise temporarily
the duties of Clerk of the House of Representatives.
Will Mr. Edmund Lee Henshaw, Jr., come to the well of the House
to take the oath of office.
Mr. HENSHAW presented himself at the bar of the House and took
the oath of office.
On June 30, 1972,(10) the Speaker laid before the House
the resignation of the Sergeant at Arms, which was accepted by the
House.
10. 118 Cong. Rec. 23665, 92d Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D.C.,
June 8, 1972.
Hon. Carl Albert,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as Sergeant at
Arms of
[[Page 507]]
the U.S. House of Representatives effective at the close of
business June 30, 1972.
Sincerely,
Zeake W. Johnson, Jr.
Sergeant at Arms.
The SPEAKER. Without objection, the resignation will be
accepted.
There was no objection.
The Speaker then announced his appointment of the same Mr. Johnson
as temporary Sergeant at Arms to fill the vacancy caused by his own
resignation.
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. 75a-1(a)), the Chair appoints,
effective July 1, 1972, Zeake W. Johnson, Jr., of Tennessee, to act
as and to exercise temporarily the duties of Sergeant at Arms of
the House of Representatives.(11)
---------------------------------------------------------------------------
11. Kenneth R. Harding was elected to the office of Sergeant at Arms on
Sept. 25, 1972 (H. Res. 1134). Id. at p. 32000.
---------------------------------------------------------------------------
Parliamentarian's Note: Mr. Johnson was reappointed temporarily to
his former position until a replacement could be elected.
Non-elected Officers, Officials, and Employees
Sec. 9.3 The resignation of a nonelected officer or official of the
House is not subject to acceptance by the House but is laid before
the House as a matter of information. In the case of a vacancy
among a nonelected officer of the House, a new appointment is made
as in the first instance.
On May 26, 2005,(1) the Speaker pro
tempore(2) laid the following communication before the
House:
---------------------------------------------------------------------------
1. 151 Cong. Rec. 11441, 109th Cong. 1st Sess.
2. John R. Kuhl (NY).
---------------------------------------------------------------------------
COMMUNICATION FROM INSPECTOR GENERAL, HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore (Mr. Kuhl of New York) laid before the
House the following communication from Steven A. McNamara,
Inspector General, House of Representatives:
Office of Inspector General,
House of Representatives,
Washington, DC, May 16, 2005.
memorandum
To: Hon. Dennis Hastert, Speaker of the House.
Hon. Tom DeLay, Majority Leader of the House.
Hon. Nancy Pelosi, Minority Leader of the House.
From: Steven A. McNamara, Inspector General.
Subject: Notification of Resignation and Retirement.
Please accept my offer of resignation, as the Inspector General
for the U.S. House of Representatives, effective May 30, 2005. This
date will also be my effective date of retirement from Federal
Service.
It has been an honor to serve the House as the Inspector
General for the
[[Page 508]]
last five years. My goal, and that of my staff, has been to help
the House achieve the best use of all the dollars it spends,
increase efficiencies, and ensure the health, safety, and security
of Members, staff, and visitors. Through the combined support of
the House Leadership, the Committee on House Administration, and
the hard work of my staff, I believe we have helped the House
accomplish its administrative goals.
Now, after slightly more than 35 years of Federal Service, I
look forward to a new chapter in my life; the pursuit of a hobby
and business venture as a kayak instructor and kayaking guide.
Once again, it has been a great honor to serve the House of the
Inspector General for the last five years. It has been a fulfilling
and rewarding experience!
On Apr. 1, 2004,(3) the Speaker pro
tempore(4) laid before the House the following letter of
resignation from John R. Miller, Law Revision Counsel. Pursuant to 2
USC Sec. 285c, the Speaker pro tempore appointed Peter LeFevre Law
Revision Counsel.
---------------------------------------------------------------------------
3. 150 Cong. Rec. 6258, 6259, 108th Cong. 2d Sess.
4. Michael Simpson (ID).
---------------------------------------------------------------------------
The SPEAKER pro tempore laid before the House the following
communication from John R. Miller, Law Revision Counsel, House of
Representatives:
Office of the Law Revision Counsel, House of
Representatives,
Washington, DC, March 29, 2004.
Hon. J. Dennis Hastert,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Last October, I completed 28 years of service
with the Office of the Law Revision Counsel of the U.S. House of
Representatives. During that time, I have had the pleasure of
serving as Assistant Counsel, Deputy Counsel, and for the past
seven years Law Revision Counsel. After almost 33 years of service
to the Federal Government, it has been very difficult to make this
decision and select a particular date, but with your approval, I
will retire as Law Revision Counsel, effective May 3, 2004.
Over the past seven years, the Office has become self-reliant
and greatly improved the procedures for preparing and publishing
the United States Code. Self-reliance had been the goal of the
Office since it was established in 1975. The Office continues to
produce the most accurate version of the Code but no longer
requires any outside assistance for its production of the Code.
This is the result of developing an outstanding staff as well as
new procedures for preparing and publishing the Code. The new
procedures and computer programs that have been developed and
implemented in the past few years will enable the Office to improve
its efficiency while maintaining the accuracy of the Code, and
eventually will increase the timeliness in which the Code becomes
available. While many challenges remain for the Office in our
rapidly changing environment, I am confident that the knowledge,
experience, and professionalism of the staff will enable the Office
to continue its successes and progress.
Over this period, the Office also has prepared and submitted to
the Committee on the Judiciary bills to enact
[[Page 509]]
two titles of the Code into positive law. In addition, a bill to
enact a third title should be transmitted to the Committee shortly.
Also, nearing completion is a bill to complete the enactment of
Title 46, Shipping.
None of this could have been accomplished without the support
and expertise of the dedicated staff of the Office. I am deeply
grateful for their assistance and wish them every success. Finally,
I gratefully acknowledge the assistance and support that I, and the
Office, have received from the many House Officers and Offices,
especially the Speaker, the Chairman of the Committee on the
Judiciary, the Parliamentarian, and the fine staffs of those
Offices and the Committee.
Respectfully yours,
John R. Miller,
Law Revision Counsel. -------------------
APPOINTMENT OF LAW REVISION COUNSEL, HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore (Mr. Simpson). Pursuant to 2 USC 285c,
and the order of the House of December 8, 2003, the Chair announces
the Speaker's appointment of Mr. Peter LeFevre as Law Revision
Counsel for the House of Representatives, effective May 4, 2004.
On July 31, 1997,(5) the Speaker laid before the House a
letter of resignation from the Legislative Counsel of the House, Mr.
David E. Meade. Pursuant to 2 U.S.C. Sec. 282, the Speaker then
appointed Mr. M. Pope Barrow as Legislative Counsel.
---------------------------------------------------------------------------
5. 143 Cong. Rec. 17033, 17034, 105th Cong. 1st Sess.
---------------------------------------------------------------------------
U.S. House of Representatives,
Office of the Legislative Counsel,
Washington, DC, July 8, 1997.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, U.S. Capitol,
Washington, D.C.
Dear Mr. Speaker: I would like to resign from my position as
the Legislative Counsel of the House of Representatives effective
July 31, 1997. I would like to continue my service in the Office of
the Legislative Counsel as a Senior Counsel.
I will leave my position knowing that my Office is finally
fully enabled to provide needed services to the House.
As you know the primary function of the Office is to draft
legislation (including amendments and conference reports) which
will carry out the policy of the Members involved. Ideally, there
would be time for conferences to develop the policy and the persons
responsible for the policy would be available. If that can be done
it is very satisfactory work to participate in the process. I have
taken a real interest in seeing that the Office is able to
effectively do its work.
When I joined the Office in 1962 it had 11 attorneys and did
not provide services to all the Committees. A good working
relationship had been established with only the Ways and Means
Committee and the Committee on Commerce. However, through time and
the changes in the Committees, the Office has been able to
establish good
[[Page 510]]
working relationships with all the Committees. Without a doubt,
your actions and those taken by your leadership have facilitated
the Office in providing services to the Committees and the
Leadership. I think it can be said that the House does not act on
significant legislation which has not been a responsibility of an
attorney in the Office.
The morale in the Office is quite high because of the action
you took on the pay comparability with the Senate and also on
account of the Committee responsibilities.
The tutorial process the Office follows with new attorneys
allows the new attorney to begin Committee work with a fellow
attorney in about a year. When the new attorney graduates to
Committee work they feel they have been given a special
responsibility.
Now an attorney doing Committee work can readily feel that he
or she is making a significant contribution to a public measure.
I am encouraged about continuing in the Office. The Office
undertook an extensive audit of its work and the problems presented
to it in carrying out its work. As a result of the audit some very
interesting work has been developed in communicating our services
to the Members. The Office has a web site which provides
information about the Office and the services it provides. In
addition, we will soon have the capacity to fax material directly
from our personal computers. That will relieve us of the time
needed to make copies and deliver the work. In addition, the Office
has developed a team to mediate differences in the Office. Finally,
work has been done in improving the working conditions of the
clerical/administrative staff. Consequently, I think we are doing
well and we know what our difficulties are and we are prepared to
deal with them.
I have particularly enjoyed serving as the Legislative Counsel
under your Speakership.
Sincerely yours,
David E. Meade,
Legislative Counsel.
The SPEAKER. Pursuant to the provisions of section 521 of the
Legislative Reorganization Act of 1970 (2 U.S.C. 282), the Chair
appoints Mr. M. Pope Barrow as Legislative Counsel of the United
States House of Representatives, effective August 1, 1997.
The Chair would also like to thank Mr. Meade for all his
service to the House, and to remind all Members that the work done
by the legislative counsels is absolutely essential to the job we
do, and without the dedication and hard work and long hours of the
legislative counsels, it would be literally impossible to have the
legislative process that we now engage in.
On Jan. 7, 1997,(6) as a matter transacted after the
preceding adjournment sine die, Speaker Gingrich placed in the
Congressional Record a letter of resignation from the Law Revision
Counsel, Edward F. Willett, Jr. On Dec. 1, 1996, pursuant to statute,
and under a previous order of the House,(7) the Speaker
appointed
[[Page 511]]
Mr. John R. Miller as the new Law Revision Counsel.
---------------------------------------------------------------------------
6. 143 Cong. Rec. 189, 190, 105th Cong. 1st Sess.
7. See 142 Cong. Rec. 25776, 104th Cong. 2d Sess., Sept. 28, 1996 (H.
Res. 546).
---------------------------------------------------------------------------
U.S. House of Representatives
Washington, DC, September 16, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, D.C.
Dear Mr. Speaker: This past April, I completed 26 years of
service with the House of Representatives, first as Assistant Law
Revision Counsel and later as Law Revision Counsel for the
Committee on the Judiciary and, since the establishment of the
Office of the Law Revision Counsel in 1975, as Law Revision Counsel
for the House of Representatives. Together with prior executive
branch service, my total service is nearing 38 years. Accordingly,
I have concluded it is time to retire. I am most grateful for
having had the privilege of serving the House as Law Revision
Counsel. With your approval my termination as Law Revision Counsel
will become effective November 30, 1996.
Permit me to provide a brief overview of the Office of the Law
Revision Counsel. Functions of the Office include the
classification of new laws to the United States Code, the
preparation and publication of the Code, the preparation of bills
to enact titles of the Code into positive law and to repeal
obsolete and superseded statutes, and the provision of advice and
assistance to the Committee on the Judiciary in carrying out its
functions with respect and codification.
The Office functions with a staff of 18, all of whom have been
appointed without regard to political affiliation and solely on the
basis of fitness to perform the duties of the position. All have
expressed the desire for career service in the Office. This has
resulted in low turnover and in a highly motivated, productive
staff. My Deputy and the two Senior Counsels have accumulated 60
years of service with the Office. Accumulated service of the seven
Assistant Counsels totals 74 years and that of the seven support
staff 69 years.
Methods and procedures for the preparation and publication of
the United States Code have been modernized. Working with the
Government Printing Office, the transition from hot metal to
electronic typesetting and composition for printing of the Code was
implemented commencing with the 1976 main edition. A computer
system was installed in the Office for use in maintaining the code
database and updating it to include newly enacted laws. The system
permits the text of new laws to be extracted from the bills
database and efficiently incorporated into the Code database.
Benefits resulting from modernization include increased
productivity, virtually error-free text, timelier publication, and
substantial reduction in typesetting costs. Main editions of the
code were published for 1976, 1982, 1988, and 1994, and annual
cumulative supplements were published for each of the intervening
years.
The Code database is also utilized for a computerized Code
Research and Retrieval system for the legislative branch and for
the annual production of the Code on CD-ROM. Response to the
availability of the Code on CD-ROM has been exceptional, with
thousands being purchased from the Superintendent of Documents at a
unit cost
[[Page 512]]
of about $35. Commencing in January 1995, the Code and the Code
classifications of new laws have been made available (utilizing the
Code database) on the House Internet Law Library and on the
Government Printing Office Internet access. Usage of the House
Internet Law Library to access the Code is increasing significantly
each month, with user totals for August in excess of 100,000. The
Internet Law Library has been the subject of numerous good reviews
and comments from both user groups and individual users.
As a result of bills prepared by the Office and transmitted to
the Committee on the Judiciary, three titles of the Code have been
enacted into positive law without substantive change and numerous
obsolete and superseded laws repealed. Assistance was provided to
the Committee in connection with the substantive revision and
enactment into positive law of a fourth title of the Code. Bills to
enact three other titles have been transmitted to the Committee and
a bill relating to another title is in preparation.
What has been accomplished could not have been done without the
assistance and expertise of an outstanding staff. I am truly
indebted to them. The Office has enjoyed a close working
relationship with the Committee on the Judiciary with regard to its
consideration of bills to enact titles of the Code into positive
law, for which I am most appreciative. I also gratefully
acknowledge the assistance of the support offices of the House,
particularly House Information Resources and the Office of the
Legislative Counsel, and of the Government Printing Office.
Respectfully yours,
Edward F. Willett, Jr.
On Mar. 1, 1989,(8) Speaker pro tempore Earl Hutto, of
Florida, laid before the House a letter of resignation from the
Legislative Counsel of the House, Ward M. Hussey. Pursuant to
statute,(9) the Speaker later that day appointed David E.
Meade as Legislative Counsel.10)
---------------------------------------------------------------------------
8. 135 Cong. Rec. 3084, 101st Cong. 1st Sess.
9. 2 USC Sec. 282.
10. See 135 Cong. Rec. 3097, 101st Cong. 1st Sess., Mar. 1, 1989.
---------------------------------------------------------------------------
U.S. House of Representatives,
Washington, DC, February 16, 1989.
Hon. Jim Wright,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby submit my resignation as Legislative
Counsel of the United States House of Representatives effective at
the close of business February 28, 1989.
Sincerely yours,
Ward M. Hussey,
Legislative Counsel.
For tributes to Legislative Counsel Ward M. Hussey and Deputy
Legislative Counsel Lawrence E. Filson on their respective retirements,
see Sec. 10.6, infra.
For the resignation of Lewis Deschler as House Parliamentarian,
effective June 30, 1974, see Sec. 10.3, infra. For the resignation of
William Holmes Brown as House Parliamentarian, effective
[[Page 513]]
Sept. 15, 1994, see Sec. 10.4, infra. For the resignation of Charles W.
Johnson III as House Parliamentarian, effective May 31, 2004, see
Sec. 10.5, infra.
Sec. 9.4 Resignations of certain employees of the House sometimes have
been laid before the House as accepted.
On Jan. 22, 1962,(1) the Speaker laid before House the
resignation of the Legislative Counsel of the House which was read:
---------------------------------------------------------------------------
1. 108 Cong. Rec. 584, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
January 16, 1962.
Hon. John W. McCormack,
The Speaker, House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as legislative
counsel of the House of Representatives, United States, effective
at the close of January 31, 1962.
Sincerely yours,
Allan H. Perley.
Mr. [Oren] HARRIS [of Arkansas]. Mr. Speaker, I ask unanimous
consent that the reply to the letter just read into the Record of
the Speaker of the House be included at this point in the Record.
The SPEAKER. Is there objection to the request of the gentleman
from Arkansas?
There was no objection.
The letter referred to follows:
The Speaker's Rooms,
House of Representatives, U.S.,
Washington, D.C., January 17, 1962.
Mr. Allan H. Perley,
Legislative Counsel,
U.S. House of Representatives,
Washington, D.C.
Dear Mr. Perley: I am in receipt of your letter of January 16
resigning as legislative counsel, House of Representatives, United
States, effective at the close of business on January 31, 1962.
While I respect very much the reasons which prompted you to take
this action, I regret very much you are doing so.
I am well aware of the fact that you have been associated with
the office of the legislative counsel since 1925 and from 1949
until the present you have been the legislative counsel. I
thoroughly understand the great responsibility of that office, and
the tremendous duties devolved upon you. Your life has been
dedicated through the House of Representatives in the service of
our Government. There is no man who could perform his duties more
effectively than you. You have had the respect throughout the years
of several Speakers and Members of the House of Representatives.
You have my complete respect as you had my confidence.
In accepting your resignation, reluctantly as I do, but
respecting your wishes, I want to highly commend you for the
outstanding character of service that you have rendered in your
most trying, sensitive and important position. I cannot too highly
commend you. Speaking for myself, and for the Members of the House
of Representatives, I express to you my sincere thanks for service
well done. I also extend to you and Mrs. Perley my very best wishes
for many future years of happiness,
[[Page 514]]
and in any activities in which you might engage, many years of
success to you.
With kind personal regards to you and Mrs. Perley, I am,
Sincerely yours,
John W. McCormack,
Speaker.
Minority Employees
Sec. 9.5 The Speaker lays before the House the resignations of minority
employees. Formal acceptance of such resignations is not necessary.
The Journal entry shows merely that the letters of resignation were
laid before the House.
On Dec. 6, 1973,(1) the Speaker laid before the House
the resignation of an employee designated by House resolution as a
``minority employee'', the employee having been appointed as Chief of
Staff to the Vice President.
---------------------------------------------------------------------------
1. 119 Cong. Rec. 39927, 93d Cong. 1st Sess. See H. Jour. p. 1780, 93d
Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C.,
December 5, 1973.
Hon. Carl Albert,
The Speaker,
Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as one of the
Floor Assistants to the Minority, generally known as Minority
Sergeant at Arms, effective as of the time that the Honorable
Gerald R. Ford becomes the Vice President of the United States.
It has been a great privilege to serve the House of
Representatives for eight years and as one of the elected minority
officers in the 91st, 92d and 93d Congresses. May I express to you
my personal thanks for your many courtesies and my sincere regret
at having to leave the House which I will always revere and love.
Respectfully,
Robert T. Hartmann,
Assistant to the Minority Leader.
On Jan. 16, 1967,(2) Speaker McCormack laid before the
House the resignation of a minority employee.
---------------------------------------------------------------------------
2. 115 Cong. Rec. 444, 445, 90th Cong. 1st Sess. See. H. Jour. p. 87,
90th Cong. 1st Sess.
---------------------------------------------------------------------------
December 6, 1966.
Hon. John W. McCormack,
The Speaker,
U.S. House of Representatives,
Washington, D.C.
My Dear Mr. Speaker: I feel that the time has come for me to
retire from active employment, and it is therefore requested that
you accept my resignation as assistant disbursing clerk (minority),
United States House of Representatives, as of December 30, 1966.
You may be assured that my nearly twenty years service as an
employee of the House has been a most pleasant and gratifying
experience.
With all good wishes.
Sincerely yours,
Frederick M. Kissinger.
[[Page 515]]
On Oct. 31, 1969,(3) the floor assistant to the minority
having retired under the provisions of Public Law No. 91-93, Speaker
John W. McCormack, of Massachusetts, laid his letter of resignation
before the House.
---------------------------------------------------------------------------
3. 115 Cong. Rec. 32550, 91st Cong. 1st Sess. See H. Jour. p. 1039,
91st Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., October 30, 1969.
The Honorable the Speaker,
U.S. House of Representatives,
Washington, D.C.
Sir: I herewith submit my resignation as floor assistant to the
minority, U.S. House of Representatives, effective at the close of
business, October 31, 1969.
Respectfully,
Harry L. Brookshire.
On Jan. 7, 1958,(4) Speaker Sam Rayburn, of Texas, laid
before the House a communication from Lyle O. Snader, resigning from
his position as minority clerk.
---------------------------------------------------------------------------
4. 104 Cong. Rec. 5, 85th Cong. 2d Sess. See H. Jour. p. 14, 85th
Cong. 2d Sess.
---------------------------------------------------------------------------
October 28, 1957.
The Honorable the Speaker,
United States House of Representatives, Washington, D.C.
Sir: I herewith submit my resignation as Minority Clerk, United
States House of Representatives, effective at the close of business
October 31, 1957.
Respectfully,
Lyle O. Snader.
[Page 515-557]
CHAPTER 37
Resignations
D. Resignations of Officers, Officials, and Employees
Sec. 10. Tributes
Resignation of a congressional officer or employee may be announced
by a Member from the floor, with the opportunity taken to offer
tribute. -------------------
To the Chaplain
Sec. 10.1 On his retirement as Chaplain of the House, Dr. James Shera
Montgomery was elected Chaplain Emeritus and paid tribute.
On Jan. 30, 1950,(1) the House by resolution appointed
Dr. James Shera Montgomery, Chaplain of the House from Apr. 11, 1921,
to that date, as Chaplain Emeritus.
---------------------------------------------------------------------------
1. 96 Cong. Rec. 1095-97, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I
offer a resolution (H. Res. 453).
The Clerk read as follows:
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
[[Page 516]]
$2,350 per annum, payable monthly, to be paid out of the
contingent fund of the House until otherwise provided by law.
Following action on this resolution, Members spoke in tribute.
The Speaker then laid before the House the following communication,
which was read by the Clerk:
January 30, 1950.
Hon. Sam Rayburn,
House of Representatives,
Washington, D.C.
My Dear Speaker: It is with regret that I submit herewith my
resignation as Chaplain of the House, to take effect February 1.
Due to the condition of my health this becomes necessary.
Allow me to assure you of my great appreciation of our long
associations through these years; they will remain in my grateful
memory while time passes by. The Congress will always be very near
to my heart; may generous blessings of a loving Father abide with
each and every Member, officer, and employee is my prayer.
Ever faithfully yours,
James Shera Montgomery.
The SPEAKER. Without objection, the resignation is accepted.
There was no objection.
Sec. 10.2 On his retirement after 20 years as Chaplain of the House,
Dr. James David Ford was paid tribute by resolution electing him as
Chaplain Emeritus.
On Nov. 10, 1999,(1) the House adopted a resolution
electing as Chaplain Emeritus Dr. James David Ford, who was retiring
after 20 years service as House Chaplain.
---------------------------------------------------------------------------
1. 145 Cong. Rec. 29493-96, 106th Cong. 1st Sess.
---------------------------------------------------------------------------
The resolution was read, as follows:
H. Res. 373
Resolved, That immediately following his resignation as
Chaplain of the House of Representatives and in recognition of
the length of his devoted service to the House, Reverend James
David Ford be, and he is hereby, appointed Chaplain emeritus of
the House of Representatives.
The resolution was agreed to.
A motion to reconsider was laid on the table.
To the Parliamentarian
Sec. 10.3 Lewis Deschler was paid tribute on the occasion of his
retirement as Parliamentarian of the House.
On June 27, 1974,(1) Speaker Carl Albert, of Oklahoma,
laid before the House the resignation of its Parliamentarian, the
Honorable Lewis Deschler, effective June 30, 1974, after more than 49
years of congressional service. The House then adopted a resolution
expressing its gratitude for Mr.
[[Page 517]]
Deschler's long service. The Speaker, Majority Leader Thomas P.
O'Neill, Jr., of Massachusetts, Minority Leader John J. Rhodes, of
Arizona, and other Members spoke from the floor in tribute. During his
remarks, the Speaker inserted in the Congressional Record a letter to
Mr. Deschler from the Vice President of the United States, the former
House Minority Leader, Gerald R. Ford, of Michigan.
---------------------------------------------------------------------------
1. 120 Cong. Rec. 21590-95, 93d Cong. 2d Sess.
---------------------------------------------------------------------------
The proceedings were as follows:
The SPEAKER laid before the House the following communication
from the Parliamentarian of the House of Representatives:
Washington, D.C.,
June 27, 1974.
Hon. Carl Albert,
The Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as
Parliamentarian of the United States House of Representatives
effective at the close of June 30, 1974.
I am in my fiftieth year of service for the House of
Representatives, having come originally to this body as an employee
in 1925. In 1927 I became Assistant Parliamentarian and in January,
1928, I began my service as Parliamentarian of the House of
Representatives, service which has covered a period of more than
forty-six years.
This has been a wonderful experience, and I consider it to be
one of the great privileges which God has granted me that I have
served with nine Speakers: Honorable Nicholas Longworth, Honorable
John Garner, Honorable Henry Rainey, Honorable Joseph Byrns,
Honorable William Bankhead, Honorable Sam Rayburn, Honorable Joseph
Martin, Honorable John McCormack, Honorable Carl Albert.
No one ever becomes Speaker of the House of Representatives
unless he has great intelligence and ability and high probity, and
unless he commands the respect of his colleagues. All of these nine
Speakers were eminently qualified to follow and enhance the
traditions of the House of Representatives. Their wisdom, fairness,
and nonpartisanship in filling the high post of Speaker is shown by
the fact that from the beginning of the 70th Congress, in 1927,
there have been only eight appeals from decisions of the Speaker,
and in seven of these eight cases the decision of the Speaker was
sustained by the House of Representatives. On the one occasion when
the Speaker was overruled (on February 21, 1931), the House was
actually following the wishes of Speaker Longworth, for he in
effect appealed to the House to overrule him in order to correct
what he regarded as an erroneous precedent.
The challenges presented by my work as Parliamentarian have
been heightened by the caliber of the men and women who have served
in the House of Representatives while I have been associated with
it. Truly representing all parts of the country and all their
constituents, their individual and collective wisdom and their
unceasing dedication to this country and its Constitution have
always been a source of inspiration to me. I shall always treasure
the many deep and
[[Page 518]]
abiding friendships which have developed through my associations
with the Members over these years.
Along the way too it has been a pleasure to associate with the
talented and loyal officers and employees of this body, and I am
deeply grateful for the close friendships and wonderful working
relationships which we have had.
I shall cherish the firm and lasting friendships I have had,
Mr. Speaker, with the ladies and gentlemen of the media. In my
almost daily associations with them over many years, I have come to
know and respect their diligent efforts to report the news. I am
particularly grateful for the way in which they honored my requests
to protect my anonymity on those many occasions when they discussed
with me some of the complicated legislative problems which
confronted us from time to time.
The time comes in each man's life when he must determine what
his future may be under God's guidance and direction. I am
approaching my seventieth year, and my doctors have strongly
suggested that I retire from my duties as Parliamentarian. It is my
hope, Mr. Speaker, that in your good judgment you will find a
position where I may continue to advise and consult with you and
the new Parliamentarian, as well as continuing the important work
in which I am presently engaged of compiling the Precedents of the
House of Representatives.
I wish to thank you, Mr. Speaker, and through you all the
Members of this great body present and past, for your many
kindnesses and considerations.
Most respectfully submitted.
Lewis Deschler,
Parliamentarian, U.S. House of
Representatives. -------------------
RETIREMENT OF LEWIS DESCHLER AS PARLIAMENTARIAN
Mr. O'NEILL. Mr. Speaker, on behalf of the minority leader, the
gentleman from Arizona (Mr. Rhodes) and myself, I offer a
resolution (H. Res. 1202) and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 1202
Resolved, That the House of Representatives hereby tenders
its gratitude and expresses its abiding affection to Lewis
Deschler upon his retirement after more than 46 years as its
Parliamentarian, and recognizes that his unsurpassed service
and dedication to the House, his impartial counsel to Speaker
and Members, and his exceptional contribution to the operation
of its rules have immeasurably benefited this institution of
government.
The Speaker stepped down from the Chair for one of the many
tributes to Mr. Deschler and inserted in the Congressional Record a
letter to Mr. Deschler from the Vice President of the United States:
The Vice President,
Washington, June 27, 1974.
Hon. Lewis Deschler,
Parliamentarian, House of Representatives,
Washington, D.C.
Dear Lew: It was with a sense of sadness that I learned you had
decided to leave the place that has been a home to you for nearly
half a century.
When I first came to the House you had already become a living
legend in
[[Page 519]]
a sanctuary of great and noble men. It was not difficult,
especially for a freshman Congressman, to learn why you were so
highly regarded.
Suffice it to say, Lew, that you have served the House
Members--from the most junior to the most senior--with a degree of
professionalism and dignity that has been, and will continue to be,
an inspiration to us all.
Warmest best wishes for many years of happiness.
Sincerely,
Gerald R. Ford.
Sec. 10.4 William Holmes Brown was paid tribute on the occasion of his
retirement as Parliamentarian of the House.
On Sept. 20, 1994,(1) Speaker Thomas S. Foley, of
Washington, laid before the House the resignation of its
Parliamentarian, the Honorable William Holmes Brown, effective Sept.
15, 1994, after 36 years of Congressional service (40 years of Federal
service including four years of active duty in the United States Navy).
After the letter of resignation was read and (ostensibly) accepted,
Minority Leader Robert H. Michel, of Illinois, and the Speaker each
spoke from the well in tribute.
---------------------------------------------------------------------------
1. 140 Cong. Rec. 24850-52, 103d Cong. 2d Sess.
---------------------------------------------------------------------------
The SPEAKER laid before the House the following communication
from the Parliamentarian of the House of Representatives, which was
read:
U.S. House of Representatives,
The Speaker's Rooms,
Washington, DC, August 20, 1994.
Hon. Thomas S. Foley,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: In March of this year, I completed my
thirty-sixth year with the House of Representatives. In July, I
completed my twentieth year as Parliamentarian.
In the past few months, circumstances, both personal and
professional, have focused my attention on retirement. It has
been a difficult decision to reach, but I have concluded that
it's time for a change.
The office which I have been privileged to hold continues
to be both challenging and rewarding. It is fascinating to
encounter--almost daily--fresh interpretations of rules and
bill language which require constant evaluation of yesterday's
assumptions and conclusions. The House changes from year to
year, with new Members and staff and circumstances always
reshaping this institution; what does not change is the
reservoir of intellect and inventiveness which characterizes
those who work in the legislative branch of our government.
Daily interaction with such talented people makes the Congress
a uniquely fascinating place to work.
I could not have done this job without a lot of help,
without the love and support of my family, who have learned to
live with long hours and erratic schedules; without the
teamwork at the rostrum and in all the support offices of the
House; without the reservoir of personal commitment and
professional strength from my colleagues in the Office. Among
the Deputy and the assistant parliamentarians there is a wealth
of experience and talent. Their accumulated service totals over
80 years. Each is dedicated to the proposition that the rules
of this great institution should be applied
[[Page 520]]
and enforced without political considerations. All are open to
Members and staff with respect to the rules and precedents
which govern and guide the deliberations of the House and its
committees. They are all exemplary public servants; they can
and will continue to carry out the responsibilities of the
Office in a manner which reflects the best traditions of the
House. We share a lasting bond and I will miss these friends
whom I admire and care for so deeply.
I owe a great debt of gratitude to all the Speakers whom I
have been fortunate to know: Sam Rayburn, who first appointed
me as an assistant parliamentarian on the recommendation of my
legendary predecessor as Parliamentarian, Lewis Deschler; John
McCormack, who shared his anecdotes and love of the House
during long evening conversations in the Speaker's Rooms; Carl
Albert, who had faith enough in my abilities to appoint me as
Parliamentarian during a very tumultuous time in the history of
the House and has continued to be a valued mentor since his
retirement; Thomas P. `Tip' O'Neill, whose good humor and
warmth toward me survived some parliamentary decisions which he
must have found vexing; Jim Wright, whose eloquence and courage
are unflagging. Finally, Mr. Speaker, I must say how much I
have valued your friendship and support. You have always been
sensitive and faithful to the distinctions between political
and parliamentary decisions and your gavel has been both firm
and impartial. The opportunities you have given me to interact
with other parliamentary institutions, particularly with the
newly emerging democratic republics in eastern Europe, have
revealed new horizons which I hope to explore more fully in the
future. Programs to encourage and foster parliamentary
democracy in that area of our world are of critical importance.
The House can be proud of the contribution it is making to this
effort and if I can be of assistance in these endeavors I will
be available to do so.
I must acknowledge the courtesies and cooperation shown me
by the distinguished Minority Leader, Bob Michel. He has always
shown an appreciation of the role of our office and he and his
staff have been of inestimable support. To have known so many
of his predecessors, such distinguished men as Joe Martin,
Charley Halleck, John Rhodes and Gerald Ford, has been a rare
privilege. All of these Leaders have made the House a better
place and have left an indelible mark on its history.
I will miss the many friendships with Members that have
formed over the years. May I extend to them, through you, my
appreciation for their kindnesses.
With your concurrence, my termination as Parliamentarian
will be effective on September 15, 1994.
Very respectfully yours,
Wm. Holmes Brown.
The SPEAKER. It is with great regret that the Chair accepts the
resignation of the distinguished Parliamentarian of the House Wm.
Holmes Brown.
Pursuant to the provisions of 2 U.S.C. 297a, the Chair
announces that on September 16, 1994, he appointed Charles W.
Johnson as Parliamentarian of the House of Representatives to
succeed Wm. Holmes Brown, resigned.
{time} 1210 -------------------
A WARM FAREWELL TO WILLIAM H. BROWN, PARLIAMENTARIAN
(Mr. MICHEL asked and was given permission to address the House
for 1
[[Page 521]]
minute and to revise and extend his remarks.)
Mr. MICHEL. Mr. Speaker, I think the news that was just
announced here, that the Parliamentarian of the House is going to
retire, comes as a sad note for many of us who have known Bill
through all of these years, although I am happy that he is leaving
in a commensurate year with my own retirement. He could not be
leaving at a better time, from that standpoint.
However, things have changed since I first started in this
House. At that time the Parliamentarian was Lou Deschler, referred
to by those who dared to call him ``the Judge.'' He was a tough old
bird. He would not talk to staff, and he would hardly talk to
Members.
I remember one time I took him five different versions of an
amendment prohibiting food stamps for strikers and said, ``Okay,
Judge, one of these has got to be in order.'' And you see, he had
the only copy of all the precedents of the House from 1936 on in
his office, and he had all the power.
Bill Brown has changed all that. He and his staff have done a
magnificent job in compiling and publishing those the Judge had
kept hidden. He has done an excellent job organizing the Office of
the Parliamentarian and helping the membership. Many of the
precedents are now ``on-line,'' available through the House
Information System.
Bill was born in West Virginia, receiving a bachelor of science
degree from Swarthmore College in Pennsylvania in 1951. He received
his law degree from the University of Chicago, out our way in
Illinois, and served in the Naval Reserve with active duty in the
Persian Gulf, returning as a lieutenant commander in 1974.
Bill was first appointed Assistant Parliamentarian by Speaker
Sam Rayburn, and then became Parliamentarian in 1974 under Speaker
Albert, and has served under six Speakers of the House.
Bill has been a great Parliamentarian, but most do not realize
that he is also a farmer. He lives in a 200-year-old home on the
Oakland Green Farm, has expanded the log cabin with a stone
addition, and later a brick addition. Bill, I am not sure about the
aluminum siding you and your lovely wife Jean have now added.
The Browns do have one daughter, Sarah, who is currently
studying in Kenya.
Being a farmer and a Parliamentarian involves a lot of work. He
is often late coming in, as he has been birthing calves, or on
snowy days he has had to drive his tractor to a main road to get a
ride. You cannot miss his car in the Rayburn garage, as it looks
like he keeps it in the chicken coop all night.
Bill, we are sorely going to miss you, and can imagine you
reciting precedents to your cows as the Congress continues writing
new ones. I believe we will still use your expertise in attempting
to finalize the publishing of the Deschler-Brown precedents, which
I will always consider the ``Brown volumes.''
Taking Bill's place in the top spot is someone who I also have
known and argued with many a time, Charlie Johnson.
We have had a good laugh telling the story of when Charlie
first was
[[Page 522]]
working for the Judge, and Lou assigned Charlie the responsibility
of compiling old contested election cases. Charlie worked for
weeks, researching and writing, only to find out later that they
were all neatly compiled in Cannon's precedents.
Charlie still works harder than he needs to. He is a good guy
and a dedicated worker. He is the perfect choice. Charlie, I hope
you will last longer than Lehr Fess, who some of you may not know
lasted just a year.
Best to you, Bill, and we know, Charlie, John, Tom, and Muftiah
will carry on the strong tradition of professionalism and
cooperation that you
started. -------------------
TRIBUTE TO THE HONORABLE WILLIAM HOLMES BROWN, PARLIAMENTARIAN,
ON HIS RETIREMENT
(Mr. FOLEY asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. FOLEY. Mr. Speaker, nothing gives me greater satisfaction
than to hear on this day of retirement of Bill Brown these
wonderfully warm words from the Republican leader, because I think
the lifeblood of any parliamentary body is the sense that our
debates and discussions, the votes and actions taken here, are
taken in a context of rules and observance, conventions and
procedures, that are fair to each Member of the body. Indeed, I
think the history of our House of Representatives, certainly in
this recent period, has been one of scrupulous adherence to the
rules.
As Speaker I have tried to follow that guide of fairness and
objectivity in every ruling I have made, and if I had any tendency
to veer from that, I would find resistance, very strong resistance,
from the Parliamentarians of the House, who are committed in an
almost religious sense to ensuring that the rules are absolutely
impartially observed here, I think there is a record, perhaps, of
the fact that this body has hardly ever overruled the Chair, and
that in those cases where there sometimes has been a question of
moving to override the Chair, Republican leadership has often
joined with our Members and Republican Members have joined with
Democratic Members in supporting the Chair.
Certainly no small part of the credit for this belongs to Bill
Brown. He has been an absolutely sterling Parliamentarian in every
way. He has served six Speakers. He has been in this body for
almost a longer period than virtually anyone. There are few Members
and very few professional staff who have served as long.
He begins his retirement with the best wishes and warm
affection of an overwhelming number of Members and those who serve
with him in aiding this body to achieve its objectives. He has
compiled, as Bob Michel says, the precedents of the House. They are
now available for all. He has in recent months been a special
resource of assistance to emerging parliamentary democracies in
Eastern Europe. I think he has found great satisfaction and
opportunity for additional service in that work.
Charlie Johnson, his very long-time Assistant Parliamentarian,
has our full confidence on both sides of the aisle,
[[Page 523]]
and I have made his appointment with great satisfaction; and if it
is time, in Bill Brown's judgment, to leave, that a successor as
worthy and able and committed and dedicated as Charlie Johnson
stands ready to assume the responsibilities.
Mr. Speaker, I want to extend again, not only on my own behalf
but on the behalf of all Members of this House, my thanks and my
appreciation and my warmest best wishes to Bill Brown, and every
success and happiness for him and Jean in the years that lie ahead.
Sec. 10.5 Charles W. Johnson III was paid tribute on the occasion of
his retirement as Parliamentarian of the House.
On May 20, 2004,(1) Speaker J. Dennis Hastert, of
Illinois, laid before the House the resignation of its Parliamentarian,
Charles W. Johnson III, effective May 31, 2004, after 40 years of
Congressional service. After the resignation was read, the Speaker,
from the floor, offered, and the House adopted, House Resolution 651,
expressing gratitude for Mr. Johnson's service, and the Speaker,
Majority Leader Tom DeLay, of Texas, Minority Leader Nancy Pelosi, of
California, and other Members took the floor in tribute:
---------------------------------------------------------------------------
1. 150 Cong. Rec. 10618-29, 108th Cong. 2d Sess.
RESIGNATION AS PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following resignation as
Parliamentarian of the House of Representatives:
The Speaker's Rooms,
House of Representatives,
Washington, DC, May 20, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: After forty years of service in the Office of
Parliamentarian, I believe that the time is appropriate for me to
submit my resignation in completion of a wonderfully satisfying
career under seven Speakers. By this action, I shall with your
permission remain available to fulfill the requirement in law to
publish precedents accumulated during my tenure and that of my
beloved predecessor, the late Wm. Holmes Brown.
This decision is made especially difficult by the loyal support
and friendship you have shown to me, Mr. Speaker. You have enabled
my office to serve the House and all its Members at a time of
profound institutional change, by coping with new pressures and
realities while mindful of the importance of continuity of the
practices and precedents of the House and of the dignity and
integrity of its proceedings. Speaker Foley, who appointed me to
this position, other Speakers, and Minority Leaders, whose personal
friendships I have also cherished, have likewise been particularly
supportive of this office.
One need only refer to the prefaces of Hinds', Cannon's, and
Deschler's
[[Page 524]]
Precedents to gain a sense of the extent of the procedural
evolution in the House for the first 190 years of the Republic, and
then compare with that documented history the nature and pace of
more recent changes, to understand the enormity of contemporary
developments. Along the way, important matters of Constitutional
separation of powers and continuity of government have occupied
high profile status requiring the attention of my office. Numerous
incremental changes have considerably altered the procedural
landscape during my career. Examples include increased turnover in
Membership, committee seniority status, budgetary disciplines,
appropriations practices, an ethics process, televised proceedings,
multiplicity of committee jurisdictions, oversight and
authorization prerequisites, the impact of changing Senate
processes, disposition of matters in conference, review of
Executive actions, authorities to recess, to postpone and cluster
votes and consolidate amendments, an issue-specific super-majority
vote requirement, electronic capabilities, committee report
availabilities, five-minute rule and other special rule variations,
and the interaction between traditional spontaneity of the House's
proceedings and trends toward relative predictability of time
constraints and issues presented.
I believe that the longstanding tradition of the role of the
Chair in rendering impartial and proper decisions has been
maintained and appreciated despite the switch in party majorities
and despite occasional efforts to appeal various rulings. It has
been reassuring when bipartisan majorities understand and support
the rulings of the Chair solely on the basis of their propriety as
nonpartisan institutional standards with precedential significance.
Respect for appropriate means of disagreement remains the
foundation upon which so much depends. I express special gratitude
to those Members on both sides of the aisle who served as fair and
effective presiding officers during this time. We share a unique
bond.
In fact, my decision is made easier by the certain realization
that my office is immediately capable of providing all required
services to the House. That is made possible by the total
dedication and competence of my deputies, assistants and clerks.
Beyond the fact that they offer to the House more than 100 years in
cumulative nonpartisan professional experience, they are my dear
friends whose institutional loyalty and commitment have been
unfailing. Together, with frequent infusions of humor and with an
essential ability to communicate honestly with all who inquire,
they serve in the public interest. In retrospect many of my own
most valuable experiences were as Deputy and Assistant, in
furtherance of the office's collective response to questions. I am
particularly proud of the involvement of my office in the
preparation of the recodification of the Rules in the 106th
Congress working with a bi-partisan task force. By this letter
through you Mr. Speaker, I also wish to honor the many staff who,
over the years, have respected and protected the collegial
traditions of the House by their professionalism and by being true
to Speaker O'Neill's reminder of the abiding ``importance of being
nice''.
My affection for the House which began when Parliamentarian
Lewis Deschler hired me in 1964 has been
[[Page 525]]
sustaining. It has been nurtured by occasional skepticism, by the
never-ending nuances of questions and responses which have
confronted the House, by cherished relationships with Members and
staff past and present, and by exchanges with parliamentarians from
over the world. I expect to communicate the value of this unique
experience to young people contemplating public service. Thank you,
Mr. Speaker, for having permitted me this opportunity, and for your
friendship.
With your permission, this resignation will take effect May 31,
2004.
Very respectfully yours,
Charles W. Johnson,
Parliamentarian.
The SPEAKER. With great regret, the Chair accepts the
resignation of the distinguished Parliamentarian of the House,
Charles W. Johnson, effective May 31,
2004. -------------------
APPOINTMENT AS PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES
The SPEAKER. Pursuant to section 287a of title 2, United States
Code, the Chair appoints John V. Sullivan as Parliamentarian of the
House of Representatives to succeed Charles W. Johnson, resigned.
Will the gentleman from Illinois (Mr. LaHood) kindly assume the
Chair. -------------------
EXPRESSING THE GRATITUDE OF THE HOUSE OF REPRESENTATIVES TO ITS
PARLIAMENTARIAN, THE HONORABLE CHARLES W. JOHNSON.
Mr. HASTERT. Mr. Speaker, I offer a resolution (H. Res. 651)
expressing the gratitude of the House of Representatives to its
Parliamentarian, the Honorable Charles W. Johnson, and ask
unanimous consent for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 651
Whereas Charles W. Johnson was appointed to the Office of
the Parliamentarian of the House of Representatives in May 1964
and, over the ensuing 40 years has continuously served in that
Office under seven successive Speakers, the past 10 years as
Parliamentarian of the House of Representatives under the
appointments of three successive Speakers;
Whereas Charles W. Johnson has unfailingly endeavored to
apply pertinent precedent to every parliamentary question, in
recognition of the principle that fidelity to precedent
promotes procedural fairness and legitimacy; and
Whereas Charles W. Johnson has institutionalized in the
Office of the Parliamentarian his demonstrated commitment to
consistency in parliamentary analysis: Now, therefore, be it
Resolved, That the House of Representatives expresses its
profound gratitude to the Honorable Charles W. Johnson for his
unrivaled record of devoted service and steady, impartial
guidance as its Parliamentarian.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
parliamentary inquiry
Mr. [David] DREIER [of California]. Mr. Speaker, parliamentary
inquiry.
[[Page 526]]
The SPEAKER pro tempore (Mr. LaHood).(2) The
gentleman may inquire.
---------------------------------------------------------------------------
2. Ray LaHood (PA).
---------------------------------------------------------------------------
Mr. DREIER. Mr. Speaker, is a motion to table this resolution
in order at this time?
The SPEAKER pro tempore. The gentleman from Illinois (Mr.
Hastert), the distinguished Speaker, will control 1 hour.
Mr. HASTERT. Mr. Speaker, I yield myself such time as I may
consume, after which I yield my time to the gentleman from Texas
(Mr. DeLay) and ask unanimous consent that he be allowed to control
that time.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
Mr. HASTERT. Mr. Speaker, 40 years ago Charlie Johnson, fresh
out of Virginia Law School, came to work for the Office of the
Parliamentarian. Little did he know that 40 years later, almost to
the day, he would be announcing his retirement from that same
office.
Charlie, we are going to miss you.
You have been a rock. You have advised seven different Speakers
and countless Speaker pro tems on how they should rule on various
parliamentary questions. You have advised thousands of Members and
even more staff in how to draft their amendments. You have given us
advice on committee jurisdiction, the favorite part of my job.
The Parliamentarian in the House takes on special significance,
more so than any other legislative body. You have to be exceedingly
fair and judicious, and have to be seen as fair and judicious by
both sides. And I know that is not always easy.
Charlie replaced Bill Brown as Parliamentarian. Bill started
the process of demystifying the precedents used by his predecessor,
Lew Deschler. That is a pretty good pedigree of institutional
knowledge. Charlie has continued to make the Parliamentarian's
office more accessible and more open to Members and staff.
Charlie is a man of many talents. He is dedicated to education
and talks endlessly about his beloved Camp Dudley, a place for kids
to learn about the great outdoors. He is a baseball fanatic, a
southpaw who pitches batting practice for the Los Angeles Dodgers.
And he has an avid interest in the English House of Commons. In
fact, he is writing a book with his counterpart in London comparing
our procedures with those of the Parliament.
I am sure he thinks he will get the chance to spend more time
with his lovely wife Martha and his two boys, Charles and Drew,
once he retires, but let us not kid ourselves. If I know Charlie
Johnson, I know he will keep as active as he ever has with his many
interests in many things.
I have asked John Sullivan to replace Charlie, and he has
accepted the offer. John is well respected by both Republicans and
Democrats and has served in the Parliamentarian's office since
1987. John is a graduate from the Air Force Academy and got his law
degree from Indiana School of Law. John is an avid college
basketball fan whose allegiance tends to flow to any team that
Bobby Knight coaches. John is an able successor to Charlie Johnson,
Bill Brown and Lew Deschler, and he will do a fine job.
[[Page 527]]
Once again, best wishes to Charlie Johnson in his golden years.
We wish you the best.
The SPEAKER pro tempore. The gentleman from Texas (Mr. DeLay)
is recognized.
Mr. DeLAY. Mr. Speaker, I yield half of my time to the
gentlewoman from California (Ms. Pelosi) and ask unanimous consent
that she be allowed to control that time.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection.
{time} 1015
Ms. PELOSI. Mr. Speaker, I yield myself such time as I may
consume.
To the gentleman from California's (Mr. Dreier) question as to
whether it was appropriate to table the resolution, I think we
should have tabled the letter.
Mr. Speaker, it is with personal and official pride that I rise
to pay tribute to Charles Johnson on his retirement as House
Parliamentarian and to thank him for his many years of outstanding
service to this body.
To praise Charlie Johnson is easy, and it is one thing that
brings Democrats and Republicans together. I have only served for
17 years of Charlie's 40, and during that time I have observed, and
we have all witnessed, profound changes in how this body conducts
its business. But through every change and difficult time, the
House has always been able to count on the expert, honest, and fair
advice of Charlie Johnson.
Charlie began his service in the House in 1964, as acknowledged
by the Speaker, shortly after graduating from the University of
Virginia Law School. When he was appointed House Parliamentarian in
1994, he joined a distinguished line that includes Clarence Cannon,
Lewis Deschler, and Bill Brown. Think of this, my colleagues:
Charlie is just the third Parliamentarian since 1928.
Respected on both sides of the aisle, Charlie was first
appointed by a Democratic Speaker, Speaker Tom Foley, and
reappointed by Republican Speakers Newt Gingrich and the gentleman
from Illinois (Mr. Hastert).
Charlie exemplifies the best of this House. With his
unquestioned integrity and keen intellect, he has consistently
maintained the highest standards of nonpartisanship and scholarship
for the Office of Parliamentarian. Charlie has guided us carefully,
but firmly, through turbulent floor debates; and he knows of what
we speak here and has provided sound and discreet advice to
individual Members and staff.
He has served as a mentor to the outstanding Parliamentarians
that serve under him, among them his respected successor, John
Sullivan. And we are all pleased with the Speaker's announcement
that John Sullivan will be named the Parliamentarian; and that, of
course, is the suggestion of Charlie Johnson. So respected is he
that he can even suggest his own successor.
On top of everything, Charlie Johnson is truly a kind man. The
Speaker and others will reference Camp Dudley, one of his acts of
kindness.
As a San Franciscan, and, Charlie, I am going to spill the
beans on you, I am delighted that Charlie is also a devoted San
Francisco Giants fan. But
[[Page 528]]
Charlie is not just a fan. When he leaves us, he will take up his
true calling as a major league batting practice pitcher, beginning
with a Dodgers-Expos game soon.
Perhaps, Mr. Leader, we can use our collective influence to
have this event covered by C-SPAN. Maybe we could just do it right
here on the floor and then it will be covered by C-SPAN.
Although Charlie will relinquish his daily duties here,
Charlie's dedication to this House, of course, will remain. Charlie
will continue the difficult, but essential, work on the Precedents
of the House of Representatives.
Earlier this week when the Speaker told me of the news of
Charlie's submitting this letter, which I agree should be tabled, I
received the news with mixed emotions. We all know how great
Charlie is as the Parliamentarian and what a great friend he is to
many of us, but of course we want to see him go on after 40 years
to fulfill himself personally in other ways. And so we know he will
teach professionally at the University of Virginia Law School and
he will collaborate with the Parliamentarian in the House of
Commons of the U.K. on a book of parliamentary procedures that will
surely be a great contribution on that important topic.
But I was delighted to hear Charlie talk about his own personal
plans. Of course he will have more time with his wonderful family,
and he is very lucky his grandchildren live in the region. In fact,
we are lucky his grandchildren live in the region because hopefully
that will mean that Charlie will visit us frequently.
As you leave us, Charlie, please go forth with the knowledge
that anyone who values the work of this House of Representatives
indeed values the work of democracy, is deeply in your debt, and
that goes well beyond those of us who have served here, with the
knowledge that you will be deeply missed and with the hope for us
that you will visit us often. Good luck to you. Congratulations.
Thank you. Thank you. Thank you. And thank you to your family for
sharing you with us.
Mr. Speaker, I reserve the balance of my time.
Mr. DeLAY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, it is with mixed feelings that I come to the House
today to wish farewell to our respected and beloved Parliamentarian
Charlie Johnson. It is a happy day because it provides us with an
opportunity to recognize one of the true giants of the United
States House of Representatives and finally give one of our often
underappreciated officials his due and also because we know he is
on his way to a happy retirement.
But it is a sad day, as well, for the House is losing one of
its true institutions. For more than 4 decades, Charlie has
provided Members of both parties the benefit of his guidance and
his judgment and his experience. Charlie is an honest man, one of
the few in Washington whose staff can honestly claim that they
rarely make mistakes and honestly claim that they take
responsibility for them when they do.
For instance, when I took over as majority leader, Charlie and
I often butted heads over the length of floor votes. I urged the
Chair to gavel votes closely right at 15 minutes, even as Members
were scrambling to the floor
[[Page 529]]
to cast their votes. I thought that imposing a little discipline in
the voting would encourage a more efficient use of floor time in
the House.
But Charlie's experience taught him the value of tolerance and
understanding in these matters; and particularly during certain
votes late last year, I finally saw the wisdom of Charlie's way of
thinking in leaving some of those votes open. For those of you on
the other side of the aisle, that was a Tom DeLay's idea of a joke.
Along with Charlie's experience, we will also miss his undying
support for the Amherst College Lord Jeffs, which, to those of you
who follow the perennial NESCAC, the cellar-dwellers, know, is
vocal, enthusiastic, and honestly a little sad.
Seriously, Mr. Speaker, the job of the Parliamentarian is a job
of trust, of integrity, and of honesty. These are the qualities
without which no description of Charlie Johnson would be complete.
The House has been honored by his service, and we have been honored
by his presence.
Good luck, Charlie. God bless you and your family, and of
course we always thank you for your exemplary and distinguished
service to the House of Representatives and to this Nation.
Mr. Speaker, I yield the balance of my time to the gentleman
from California (Mr. Dreier) and ask unanimous consent that he be
allowed to control that time.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Texas?
There was no objection.
Ms. PELOSI. Mr. Speaker, I yield the balance of my time to the
very distinguished gentleman from Texas (Mr. Frost), ranking member
on the Committee on Rules. He and the Committee on Rules and staff,
as well as other Members, know full well the quality of the
excellence of the work of Charlie Johnson, and I ask unanimous
consent that he be allowed to control that time.
The SPEAKER pro tempore. Is there objection to the request of
the gentlewoman from California?
There was no objection.
Mr. [Martin] FROST [of Texas]. Mr. Speaker, I yield 4 minutes
to the gentleman from Maryland (Mr. Hoyer), the Democratic whip.
Mr. [Steny H.] HOYER [of Maryland]. Mr. Speaker, I thank the
distinguished gentleman from Texas, the ranking member of the
Committee on Rules, for yielding me this time.
Those who will speak have been here for some years. Most of us
who speak are known as institutions. We love this House. We believe
this House plays a very unique role in this democracy. It is called
the People's house, a House to which one can be elected but not
appointed. It is a House where the passions and wisdom of the
people are joined in this crucible of decision-making process. It
is a House that is composed of persons of different views,
different regions, indeed different races and nationalities. It is
a House where our Founding Fathers designed American democracy to
be realized.
And in that context it is extraordinarily important to have a
House that plays by the rules. Our Founding Fathers knew that if we
were to have democracy, it would have to be governed by rules.
[[Page 530]]
The gentleman from Missouri (Mr. Gephardt), my good friend, the
former majority leader, is on the floor; and I have heard him say
so often that democracy is a substitute for war.
In that context, it is sometimes confrontational; and we need a
wise person helped by wise staff to, in effect, be the referee, to
say to both sides that we are a democracy and we resolve questions
in a peaceful way, perhaps animated, perhaps heated, but
nevertheless in a way that seeks to realize the dream of our
Founding Fathers, a dream which has been sustained now since 1789
because of people like Charles W. Johnson III. Not elected to serve
but selected, selected by persons who themselves are elected and
who know the value of this institution and the absolutely essential
position that Charles Johnson III was called to serve in.
I am not objective. Those of us who speak will not be
objective. We are his friends. We are his admirers. We are
appreciative of the service that he has given to this House but,
much more importantly, to this country. He is wise. He is also
thoughtful. He is also caring of the institution, its staff and its
Members but, most of all, of his country.
Mr. Speaker, I rise with my colleagues to thank Charlie Johnson
for his service. Charlie's service will be long remembered. He will
write a book, and like his predecessors, that book will be used for
generations to come to help manage this center of democracy, the
people's House.
I somewhat lament the fact that Charlie is leaving and will be
replaced by John Sullivan, not because John Sullivan is not a
worthy successor, but because I prefer Gary Williams to Bobby
Knight, and Drew went to the University of Maryland and therefore
leavened Charlie Johnson's University of Virginia experience.
But, Charlie, as you leave, as we honor you, as we thank you,
we wish you Godspeed and wish you many years of the kind of
productivity and success that you have enjoyed here in this House.
You have been and continue to be a great American in the tradition
of your predecessors who ensured that the people's House would be
revered by its Members and respected by those it serves. Godspeed.
{time} 1030
Mr. DREIER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this is a very challenging time for all of us,
because Charlie has been such a great friend and enormous asset to
this institution.
Many of us are proud to be institutionalists, and as the
gentleman from Maryland (Mr. Hoyer) said, I am one of them; and
there are an awful lot of people here who, over the last decades
have seen attacks made on this institution itself, but many of us,
you included, Mr. Speaker, have had a strong commitment to this
institution.
The Office of the Parliamentarian began in 1857 when Speaker
James L. Orr of South Carolina appointed Thaddeus Morrice as
``Messenger.'' Morrice was said to have a marvelous memory and his
ability to recall the House precedents and other decisions of the
Chair required him to be near the Speaker in his role as presiding
officer of the House.
[[Page 531]]
The title was later changed to ``Clerk to the Speaker,'' then
to ``Clerk at the Speaker's Table,'' and in 1927 to ``House
Parliamentarian.'' The first person to actually have the title of
Parliamentarian was Lehr Fess.
Today, we are honoring Charles W. Johnson III as he steps down
from that most important position. There are few people, including
those Members who have been elected to serve, who have contributed
more to this institution than Charlie Johnson.
In fact, Mr. Speaker, I believe that Charles W. Johnson III is
the greatest Parliamentarian to have served this House and our
country. His dedication and service to this great institution is
unparalleled in our history.
Oh, yes, great men have served before, as we have heard, but he
has distinguished himself from them by his desire and ability to
not only assist the Speaker and other presiding officers, but to
reach out and teach Members and staff the rules of this
institution.
Moreover, he has been an example as to how we should conduct
ourselves in office and in life. He has always been a gentleman who
has dealt with Members honestly and fairly. He has worked with
Members from both sides of the aisle evenhandedly and without
prejudice. His advice and counsel have always been sound and
thoughtful. He has been steady and consistent, even when there has
been turmoil in the House and in the country at large.
Charlie has helped this institution during some of the most
trying times that our country has endured. He has competently
served this House and our country by assuring that this great
Chamber proceeds in order when there has been chaos and conflict in
the world around us. He has been at our side from the Vietnam War
to the War on Terror.
There is not enough time to ever fully explain how much Charlie
has contributed. Every piece, every single piece of legislation,
every amendment considered, every motion, every floor event, every
law enacted over the past several decades, bears his mark. Who else
among us can actually say that?
I am humbled at the thought of how much he has done for me
personally as a Member of this body and as chairman of the
Committee on Rules. He has assisted me through major reforms and
minor jurisdictional squabbles.
But today I want to say thank you very much, Charlie, not only
for what you have done for me, but I want to thank you for what you
have done for this great institution, the greatest deliberative
body known to man and to our country as a whole.
Yesterday morning, not unusually, the House Committee on Rules
convened at 7 a.m. to proceed with consideration of the Department
of Defense authorization rule and the conference report on the
budget. At the end of that meeting, I joined with the gentleman
from Texas (Mr. Frost), the ranking minority member of the
Committee on Rules, in asking for an agreement to be unanimous,
and, thank heavens for you, Charlie, no one did call a vote, but we
unanimously did pass a resolution that had been crafted by our able
Staff Director, Billy Pitts, who, as you know, is a great
institutionalist and very committed to this body, and Kristi
Walseth, who worked in fashioning the resolution.
[[Page 532]]
I should say that we actually have many more staff people on
the House floor, I think, than Members at this moment, because
there are so many staff members with whom you have worked closely.
I mentioned Billy Pitts, but I want to say on behalf of the
bipartisan staff membership of the House Committee on Rules,
working closely with you and your team, I see here on the floor
Seth Webb and a number of people from the Speaker's office who
work, I know, very closely with you. These staff members will not
have an opportunity to speak here on the House floor, but I know
that every single one of them would want us to express our
appreciation to you for your effort.
I would like to take just a moment to read the resolution,
which we overnight have gotten on parchment, and I am going to
personally present to you here. This was voted unanimously by the
Committee on Rules at 7 o'clock, foggy, yesterday morning.
Whereas Charles W. Johnson, III has served the House of
Representatives with dedication and devotion in the Office of
the Parliamentarian since May 20, 1964; and
Whereas Charles W. Johnson, III learned the Rules,
practices and precedents of the House under the tutelage of
Lewis Deschler, who served the House as Parliamentarian from
1928 until 1974, and his good and great friend W. Holmes Brown,
who served as the House Parliamentarian from 1974 until 1994;
and
Whereas Charles W. Johnson, III has used those lessons to
honorably serve as a universally respected Parliamentarian of
the House from 1994 until today; and
Whereas Charles W. Johnson, III has, as a teacher of House
rules, its practices and precedents, taught respect for the
institution of the United States House of Representatives to
countless Members of Congress and their staff; and
Whereas Charles W. Johnson, III has provided to the
Committee on Rules countless hours of advice and counsel as
well as assistance in its work as the traffic cop of the House;
and
Whereas Charles W. Johnson, III has ensured that the Office
the Parliamentarian will continue to operate with the high
standards and non-partisan manner that he and his predecessors
have demanded by assembling a knowledgeable, skilled and
experienced staff who serve as a vital part of the operation of
the House; and
Whereas Charles W. Johnson, III, or ``Charlie'' as he is
known in the House, will continue to serve the House as he
continues the work of Lew Deschler and Bill Brown by finishing
the Precedents of the House; and
Whereas his good humor, kind smile and love of baseball
will be missed by all who know him in the House of
Representatives; and
Whereas Charles W. Johnson, III will officially retire from
the United States House of Representatives on May 20, 2004,
exactly 40 years after he first came to this body: Now,
therefore be it
Resolved, That the Members of the Committee on Rules
express their deep and lasting appreciation for the service
Charles W. Johnson, III has given to the Committee, the House
of Representatives and the people of the United States of
America.
I look forward to giving this to you personally, Charlie.
Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may
consume.
[[Page 533]]
Mr. Speaker, I want to thank you and the Democratic leader for
bringing this resolution to the Floor this morning so that Members
of the House may pay tribute to our friend Charles W. Johnson.
Charlie is taking leave of his position as Parliamentarian of
the House today, exactly 40 years after he began as a young lawyer
fresh out of law school in the Parliamentarian's office. On his
last day in the House it is only fitting that the Members of this
body can take the floor to pay tribute to him and express our
gratitude and our friendship.
To say that Charlie is a creature of the House or a servant of
this institution does him a disservice, for without him, many of us
would never have learned the intricacies of the Rules of the House,
its practices and its procedures. Without his sage advice and
counsel, so many of us, as well as our staff, would be lost in the
maze of legislative practice.
His office, just off this floor, is more than just an office;
it has served as a focal point for discussions both pointed and
prosaic, political and procedural, but always, always, non-
partisan.
Quite frankly, Mr. Speaker, Charlie is the institution. During
his 40 years as a Parliamentarian, he has served Democratic
Speakers and Republican Speakers. He has shown fairness to all and
malice to none. Not an easy task, where tempers can run high and
where blame is easily cast.
He has served through peace and war and through times of great
national triumph and tragedy. Charlie has always risen to the
challenge, and in doing so, has challenged so many of us to do so
as well.
Charlie took over the job as the Parliamentarian in 1994
following the retirement of his dear friend and colleague Bill
Brown. Just as Bill was a voice of calm, deliberative reason, so is
Charlie. Far too often we, as Members, fail to recognize the
importance of those qualities in the people who ensure that the
business of the House can proceed, regardless of which political
party holds the majority. I know that it is often the case with
regard to Charlie and the entire staff of the Office of the
Parliamentarian.
Charlie is so good at what he does that he makes the job look
easy. But I, for one, know it is not. But his talents, his
intellect and his love for this institution have made our job as
legislators all the more easy, and I am grateful.
When I was first elected to the House 26 years ago, I became
only the second freshman Member in the 20th century to take a seat
on the Committee on Rules. Had it not been for Bill and Charlie, my
acclimation to that difficult post would have been far more
difficult. I know because of their patient tutelage, their
willingness to just sit down and talk, their careful guidance, my
knowledge of the Rules and how to use them now runs both deep and
wide.
I want to take just a moment, Mr. Speaker, to kind of talk
about my personal experience with Charlie and his office.
From time to time, I, my staff, would go to see Charlie and we
would ask very direct questions, questions that were vital to
formulating strategy on our side of the aisle. What he would do
would be to respond to every question and to answer every question
truthfully. He did not go beyond that. He
[[Page 534]]
did not try to suggest what strategic steps we should take. He only
answered what we asked. And I know he did that for the other side
as well.
He was truly acting in the best, non-partisan position in
helping us as partisans understand what we could and could not do.
But he never went beyond that. He never said, ``By the way, you
know, you could do this also.'' And that is the role of a
Parliamentarian, to answer truthfully the questions of both sides
of the aisle, and then let those Members on both sides of the aisle
figure out where they go with the information.
I cannot tell you how important that is to the functioning of
this body and how important it has been to me as a Member to know
that I can go to someone and get an honest answer; who will answer
my questions, but who will not necessarily go beyond that. And I
respect that.
I know we will all miss Charlie, but I also know we all wish
him well. He has earned the respect of hundreds of Members and more
staff than he can count. He is a man of the House and a deep and
true friend of the House. He has ensured that his office will
continue to serve the House by assembling a talented staff.
I owe him so much, and there are not words to express my deep
gratitude and affection. I can only wish you the best, Charlie. And
while I know he has taken great pains to ensure the institution
will go on without him, I know it will not be the same.
Mr. Speaker, I reserve the balance of my time.
Mr. DREIER. Mr. Speaker, at this time, I am happy to yield 1
minute to my friend, the gentleman from Sanibel, Florida (Mr.
Goss), the very distinguished vice chairman of the Committee on
Rules.
Mr. [Porter J.] GOSS. Mr. Speaker, I thank the distinguished
chairman for yielding me time.
I too wish to associate myself with the praise and gratitude
for the man and his service to our institution. I would
characterize Charlie as the true north on the compass of this
institution and the man who had the good judgment to understand
when magnetic declinations were in order. He has had seasoned
patience with seasoned Members, and he has had extraordinary
patience with new Members, to try to explain how things happen
here. I think many of us feel that his personal judgment is as much
a hallmark as the knowledge of the institution, which is matched by
none.
The reason I asked for time to speak is that Charlie will
always be in my memory on a fateful day in this country, September
11, 2001. The Speaker of the House desired that the House be opened
for a prayer on that fateful day even as events were transpiring
around us. It was not the right time, there was concern about
precedent. Parliamentarians always worry about precedent.
{time} 1045
Charlie found a way for us to get the House opened, the prayer
said, and the House evacuated. And I have, to this day, that
official Record hanging on my wall in my office and it will always
be a memory of my life. Because I think it was very important that
that day was recorded that way about this
[[Page 535]]
institution, and it would not have happened without him, of course.
Charlie is well regarded here and overseas, as we know. I have
talked to parliamentarians, as I am sure others will testify, who
come and wonder how this democracy works; how the people's House
works. He has imparted that knowledge and wisdom and judgment
around the globe, and I have heard it expressed many times from
visitors who come here.
He has added value. He has brought credit to our institution.
We are going to miss you a lot, Charlie, and I wanted to say
thanks.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Dingell), the dean of the House.
Mr. [John D.] DINGELL. Mr. Speaker, I rise with great personal
sadness about the departure from this institution of a great
friend, wise counselor, mentor, and superb public servant. I do
speak, however, with pride about the accomplishments of Charlie
Johnson, who has served us, the House, and his country well.
He is in all particulars a great patriot and a great American.
He has been wise counselor to us, mentor; he has given us good
advice; and he has seen to it that we understood the history and
the traditions of this institution.
He has served us in the great traditions of Clarence Cannon,
Lewis Deschler, Bill Brown, and now the fine work which he has
done. He is going to be missed by this institution. He has served
as an example to all of us and to those who will follow in his
particular task as Parliamentarian.
It has been his responsibility to see to it that the House
function as it should, in accord with the great traditions that we
have here of respect, of decency, and of love of this institution.
And for that and all of the other things that we can say good about
Charlie, we have to recognize that we should say thank you; that we
should say well done; that we should wish him well for what it is
that he has accomplished.
The House is a better institution for his wonderful service to
this body. And all of us here, as individual Members, particularly
those of us who have had frequent occasion to consult with him
about the rules, about the traditions, about how this institution
does work and how it should work have a special reason to be
grateful to him and to have a special burden of gratitude to him
for what he has done.
I am proud, indeed, that he has been my friend. I am grateful
to him as my mentor. I am appreciative to him of his wise counsel
and guidance. And I know that I am not alone in feeling a singular
debt of gratitude to my good friend, our Parliamentarian, as he
leaves us.
I would note that other Members have these same feelings and
all have good reasons. And I would note that the House of
Representatives is a better institution, and one more in keeping
with the traditions and with the principles and practices, and in
keeping with what it is we would like to say it was, a great
institution, the House of the people, and a place which serves all
of us.
All of us have reason to miss him, and we will indeed. We will
wish him well. We will pray that God will be
[[Page 536]]
good to him and that He will give him many years to enjoy a
reflection upon the great service which he has given to this great
country.
I say again to him, Charlie, well done, good and faithful
servant. You have made this a great institution, and we are all
grateful to you. Thank you, my friend.
Mr. DREIER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Wisconsin (Mr. Petri).
Mr. [Thomas E.] PETRI. Mr. Speaker, it is with a sense of real
loss that I first heard the news that Charlie Johnson was leaving
after so many years of dedicated service to all of us in the House,
and I want to take this occasion to join with my colleagues in
paying tribute to him today.
I personally take great comfort in seeing Charlie each day at
his post on the Speaker's podium, monitoring our proceedings,
guiding the Member who has been appointed to preside over the
House, and making the determinations and rulings needed to keep
this House running in a manner that respects the rights and the
privileges of all Members. I know that we are in good hands.
The person who serves as Parliamentarian influences the daily
activities of the House, and though not known by many Americans,
has had a great impact on some of the most dramatic moments that
have occurred in this Chamber. From his perch, he literally has a
front seat to history. I am sure at times he found himself in
situations he never expected; but through it all, his behavior was
beyond reproach.
Perhaps what impressed me most as I got to know Charlie over
the years was his commitment to and interest in parliamentary
procedure, not only here in the U.S. but in other legislative
bodies as well. Charlie often traveled to consult with others and
has participated in conferences and hearings explaining our rules
and procedures.
Speaking from my own experience, he joined us on trips to
London as part of the British-American Parliamentary Group. He
spent at least part of the time consulting with his counterpart in
the British Parliament regarding a cooperative project on
parliamentary procedures and comparing the two institutions.
Charlie was an educator. In addition to writing and editing
books about parliamentary procedure, he spent a lot of time meeting
with school kids and others to explain how our House works and the
importance of parliamentary procedure and its literal impact on the
history of our House and this Nation.
As he leaves us, we can thank him too for the way he ran the
Office of Parliamentarian and mentored the deputy and assistant
Parliamentarians under his direction. His deputy, John Sullivan,
will become the Parliamentarian next month. This also reflects well
on the standards Charlie set for his office.
I will miss Charlie, but I will value always his integrity,
professionalism, his attention given to each Member no matter what
party they may have represented, his principled advice and conduct,
his love and respect for the House and its traditions, and, most
importantly, for his friendship.
Mr. FROST. Mr. Speaker I yield 3 minutes to the gentleman from
Missouri (Mr. Gephardt), the former Democratic leader of the House.
[[Page 537]]
Mr. [Richard A.] GEPHARDT. Mr. Speaker, I found out something I
did not know about Charlie today. I found out from our leader that
he is a San Francisco Giants fan. If I had known that, I would not
have come today.
On a more serious note, I have had some time lately to do some
things that I usually have not had time to do, so I have been
watching on television the early part of the proceedings here in
the House, and I hear these rules being explained. I have tried to
put myself in the shoes of an average citizen, and I think it is
gobbledygook, and I do not understand what they are talking about.
But that really is the magic of this place.
As the gentleman from Maryland (Mr. Hoyer) said earlier, I am
fond of saying that politics is a substitute for violence. It
really is. And the only thing that allows us to resolve our
differences peacefully is that we have a process. We have rules. We
have laws. We have parliamentary procedure. And that process is
what makes this place work and makes democracy work in our country.
The keeper of those rules has been our subject today, Charles
Johnson. He has done it, in my view, as well as it can be done. He
has always been fair. No one questions his judgment or his
enunciation of the precedents of the House, whether it comes down
in your favor or it does not. He is a professional. No one ever
doubts his knowledge or his dedication to knowledge about the
process.
Finally, his character, his human character, has been
impressive to everybody who has come in contact with him. Whether a
Member, staff, people visiting, everyone knows that this is a man
of great character.
I guess the best story I can tell to kind of sum up my feelings
about Charlie is that we had a common friend, someone that I went
to Northwestern University with and was one of my best friends
there, wound up at the University of Virginia Law School and became
a friend of Charlie's. So we, in that common friendship, got
somewhat of a personal relationship; and we, unfortunately, saw our
friend die of cancer some years back. But even with that personal
relationship I had with Charlie, I never, ever felt that in
anything he did while I was leader or in anything I have done here
was anything other than fair. Never prejudiced. Never giving in to
human relationships. Always calling it the way he saw it and making
judgments on the process, which is at the heart of our democratic
experiment, fairly and with honesty and good character.
Charlie, we truly will miss you. We welcome the successor, who
is going to do a great job; and we wish you the greatest time in
retirement that anybody could ever have. Thank you.
Mr. DREIER. Mr. Speaker, I am very happy to yield 2 minutes to
the gentleman from Nebraska (Mr. Bereuter), a Member who has chosen
to retire at the end of this term but has served extraordinarily
well on both the Committee on International Relations and the
Committee on Financial Services.
Mr. [Doug] BEREUTER. Mr. Speaker, I thank the gentleman from
California for yielding me this time and for his statement.
It is people that make an institution function, that make it
great, that sustain and build respect for it; and
[[Page 538]]
Charles W. Johnson is certainly one of those people. He has helped
the Congress respect and assert the best traditions and decorum of
the House.
I said to him, Charlie, you cannot retire before I do. I will
miss you too much. And yet I guess we were born in the same vintage
year. Nevertheless, we have great respect for John Sullivan, and we
look forward to his service here as Parliamentarian.
I think it was just a few minutes ago that the distinguished
gentleman from Maryland (Mr. Hoyer) said Charlie Johnson is not
only a knowledgeable man but he is a wise man and a caring man, and
that is certainly the case. I respect the contributions so much
that he has made to help young people who have less advantages than
most others.
Charles Johnson has had a tremendous and very positive impact
on the U.S. House of Representatives during his service here, 40
years to the month in the Office of the Parliamentarian, and 10
years as our Parliamentarian. Tremendous service!
I remember a day back on January 21, 1997. I do not preside
over the House that much, but it has been my lot to preside on some
of the most difficult days, and I recall that difficult and
historic day. And it was the strategy and advice of Charles Johnson
that helped set the tone and the order and demeanor of the House
that day, through me, which was so crucial. I thank him for that
and for so many other occasions.
It has been my privilege to travel with Charlie as I led the
House delegation to the NATO-Parliamentary Assembly, and not only
going to Brussels but, as the gentleman from Wisconsin (Mr. Petri)
said, visiting the House of Commons where Charles Johnson is very
well known. Charlie has lots of friends there and in the leadership
of the House of Representatives.
If Charlie and this Member ever talk about nonessential things
here, like sports, we have talked about college football. And I
have never until yesterday really known how much of an interest
Charlie Johnson had in baseball. But I think I am shortly going to
join him as a fan of the San Francisco Giants. A couple of years
ago, the Wall Street Journal ran a piece on the chronic shortage of
left-handed batting practice pitchers in major league baseball. So
shortly thereafter, Charlie's ability to throw strikes from the
port side was tested as he auditioned and then he started pitching
for the Los Angeles Dodgers when they came to Camden Yards to play
the Orioles. Then he pitched for them in Philadelphia, helping the
Dodgers, and soon they became better hitters of left-handed
pitchers.
If it had not been for yesterday's rework of the schedule
because of rain, I understand he would have been doing the same
thing for the Dodgers in the Phillies' new stadium. So that is a
remarkable side of Charlie that I did not know about at all.
Mr. Speaker, as he leaves here, our outgoing Parliamentarian is
going to be working with the recently retired Clerk of the British
House of Commons, William McKay, on an updated comparative book on
Parliament and Congress. Charlie's appreciation of the value of
comparative studies through his work with counterparts in other
countries, especially with that Mother of all Parliaments, has
played an essential role in the development of programs of mutual
exchange. You have
[[Page 539]]
heard that already referenced. People on every continent know
Charlie Johnson because they have worked with him in their
parliamentary efforts. So he is going to be working with Sir
William in that respect.
Mr. Speaker, if it were consistent with American tradition, we
would make you Sir Charles. But, nevertheless, we know that this is
going to be another major contribution and it has some impact here.
As you leave the House, Charlie Johnson should feel good to know
that the recently established Office of Interparliamentary Exchange
reflects his interest in improving not only the conduct of
activities here in this parliament but in parliaments around the
world.
{time} 1100
So Charlie Johnson, best wishes to you and your family. Thank
you for your public service and your service to the U.S. House of
Representatives. You will be greatly missed.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Obey).
Mr. [David R.] OBEY. Mr. Speaker, parliamentary inquiry, is it
correct that the Speaker accepted Mr. Johnson's resignation?
The SPEAKER pro tempore. (Mr. LaHood). The gentleman is
correct.
Mr. OBEY. Mr. Speaker, I appeal the ruling of the chair.
Mr. Speaker, I often refer to Archie the cockroach. This is my
political bible, and Archie has something for almost every
occasion. One thing he said once was ``Boss, I believe the
millennium will come, but there is a long list of people who have
to go first.'' I think Charlie misunderstood. Charlie, Archie was
not talking about you, and I hope you reconsider.
Mr. Speaker, for 40 years Charlie has been at the center of
every effort of this institution to live up to the responsibility
which it has to the oldest democracy in the world. Democracy can
thrive only when all of our citizens believe that there is at least
one place, some forum to which they can go in order to make their
case and to have their arguments heard. They do not have to win,
but they have to know that there is a place where they will receive
a fair hearing. When that happens, democracy thrives; and when it
does not, democracy dies a little.
I think more than anyone in this institution, Charlie Johnson
has dedicated himself to see to it that on this floor, democracy
thrives. He has been dedicated to the proposition that the rules
ought to be applied in a way that enabled the majority to meet
their responsibilities to govern and at the same time to enable the
minority to offer and be heard on its alternative visions.
To the extent that the House has on occasion not been used that
way, the fault certainly does not lie on the shoulders of Charlie
Johnson. Charlie Johnson, I think, has met his responsibility to
the institution, to the country, to both political parties; and we
are all the better for it.
I know people have said a lot of good things about him today,
and I know that on occasions like this people often exaggerate. For
instance, I understand that Charlie's own wife was watching this on
C-SPAN, and she heard so many good things about him that she
[[Page 540]]
rushed to the Chamber to see if we were talking about the same
fellow. We are, Charlie. We are all talking about you. If Dick
Bolling were here, who was my mentor in this place and who as a
Member I think knew more about the rules than any other Member I
ever knew, if Dick Bolling were here today, he would say, ``Well
done, thou good and faithful servant.''
Mr. DREIER. Mr. Speaker, I yield 2 \1/2\ minutes to the
gentleman from Savannah, Georgia (Mr. Kingston), the very
distinguished vice chairman of the Republican Conference.
Mr. [Jack] KINGSTON. Mr. Speaker, I want to say a few remarks
about our great friend and departing parliamentarian. If Members
think about the world we live in today and all the technology and
all the feats of engineering, we take so much for granted. We get
in our cars, and our cars are almost a mechanical and a computer
platform now, and we never marvel, we never question. We just flip
a switch, and we expect something to happen. We take it all for
granted.
That is somewhat how we are as we come down to the floor of the
House. As 435 independent contractors, we come down here and we
expect bills to be on the table, we expect to have a learned staff
who can ask why a certain amendment was germane and why it was
allowed and why it was not allowed. We expect to have some
professionals who can keep their eyes on our distinguished brethren
and sisters on the Committee on Rules, for example.
We need a neutral body as our motions flow that can say this is
how the procedure must go on. And I think the House should be very
proud of what Charlie and his entire team have done and all of the
staff members that make this body click. Lord knows what would
happen if we did not have this. We might look like the U.S. Senate.
I do not know if my words will be taken down, Charlie. I know
there is a whole list of things I am not supposed to say. For
example, I cannot turn to my friend, David Obey or John Lewis and
say, John. I have to say my distinguished friend from. Right now,
this is like fingernails going against a blackboard. He keeps
Members like me who can be somewhat flippant, who might say the
wrong thing, who may deserve to have words taken down. He is the
guy who says I may agree with what he just said about the fellow
Member of the House, I might agree with his politics, I might
disagree, but I am going to stick with the rule books. We need to
have somebody like that. And he keeps people like the gentleman
from Illinois (Mr. LaHood) watching that clock.
There was a great TV commercial of Motel 6 years ago. Tom
Bodett made famous the line, ``I am going to keep the light on for
you.'' I always liked that because my mom would keep the light on
for us when we were teenagers going home because the light
represented security, the light represented home and wisdom and
fairness. Charlie has kept the light on for all of us for many,
many years, a source of wisdom, a source of fairness, a bright spot
no matter what the legislative agenda of the day was; and we thank
Charlie for all of his hard work.
Mr. FROST. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Waxman).
[[Page 541]]
Mr. [Henry A.] WAXMAN. Mr. Speaker, so much of the time in this
institution in recent years has been partisan, rancorous comments
back and forth, difficult feelings among the Members; and this
year, which is an election year, has exacerbated all of that. So it
is important to note that Democrats and Republicans are joined
together because what we are all experiencing is a significant loss
for this institution, for the people's House, the House of
Representatives.
Charlie Johnson has served as an integral part of the
legislative process, and I feel privileged to have had the
opportunity to work with him over the years. We have been the
beneficiaries of his intellect, thoughtfulness, and integrity time
and time again. Several years ago, Charlie noted that his
predecessor, William Brown, had set a standard of ``intellectual
vigor, sharing of information, and a sharing of responsibility with
a grace that was accompanied by a total devotion to the House of
Representatives.'' Charlie has more than met that standard.
He does serve an important role, but it is more than just the
role he serves. He has embodied the person that all of us can look
to as one who will judge the issues with fairness based on the
rules, based on the idea that laws govern not just individuals, and
that when he makes his determination on all of the precedents and
the exact wording of the rules, we know that is the course that we
all have to agree to.
I came here from the California State legislature, and I think
many legislatures are like this, the speaker has complete control.
The speaker gets to appoint the Members to the committees and the
chairmen, and assigns the members' offices and staff, and the
speaker can make the rulings, and it is the speaker's authority
alone to make the rulings.
So when I came here, I was surprised to find out that the
Speaker could not just make a decision that benefited those of us
on a certain side of the issue. He had to go to Charlie Johnson to
find out what the rules were, and he had to abide by that decision.
I have come to realize how important that is for an institution
to be able to have someone with such integrity and knowledge that
we can look to to be the final say on what the rules are because we
have to follow the rules in this institution and in a country that
looks to the rule of law as essential.
I have come to recognize that as important, just as I have come
over the years to recognize even the importance of seniority, which
I more and more appreciate the longer I am here.
I want to say that I have not only benefited from Charlie's
wisdom and advice but from his friendship. I have not had the
opportunity to travel with him. Maybe now that Charlie is leaving,
we will have to go on an Elder Hostel trip together because we are
advancing in age. He has been a terrific friend to me, someone I
have tremendous respect for, and it is shared by everyone in this
institution. He is certainly going to be missed.
This is a change that many of us hoped we would not see, not
only with Charlie's absence but a change in his guidance for all of
us; and I join all of my colleagues, Democrats and Republicans,
liberals and conservatives, in supporting this resolution to thank
him for a job well done.
[[Page 542]]
Mr. DREIER. Mr. Speaker, I yield 1 \1/2\ minutes to the
gentleman from Buffalo, New York (Mr. Quinn), another Member who
unfortunately has chosen to retire at the end of this term.
Mr. [Jack] QUINN. Mr. Speaker, I want to join my colleagues
this morning, mostly in leadership positions, who have come to the
floor this morning, Charlie, to talk about your wisdom and fairness
and work ethnic; and I want to associate myself with their remarks,
of course. But I am one of those dozens of the Speaker pro
tempores. Charlie has made us all look good, both on C-SPAN and
back home for our constituents, and for our colleagues here in the
Chamber.
I was in the chair one day and some rule question came up.
After I answered it, my mother called me on the phone and said,
``How did you know all of those rules so quickly?''
I said, ``It was easy, Charlie Johnson was there.''
She said, ``Who is he?''
I said, ``Well, he is the guy that does the trick. He talks
into the microphone so you hear him, but so nobody else hears him,
and he explains the rules.''
Charlie, on behalf of all of the Speaker pro tempores, some
with a little more experience than others, who you have made look
good across the country and in front of our colleagues, I want to
thank you for knowing those rules, for sharing those rules, and for
keeping this place a place of order when we are in the chair trying
to keep order.
I guess the trick for you then and your staff is to be heard,
but not to be heard when you do your job best. And I would submit
to my colleagues here in the Chamber that we all can take a lesson
from this gentleman as he leaves us. When we do our business, we
should try to be heard, and maybe not be heard so loud during those
times of emotion, during those times of debate, during those times
of political arguments, to be heard, of course, but to not be
heard. And Charlie, for that service to us as that group of people
that chair these sessions, and on behalf of all our constituents
across the country, I want to say thanks for a job well done. We
appreciate it. We will always remember you.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from
South Carolina (Mr. Spratt).
Mr. [John M.] SPRATT [Jr.]. Mr. Speaker, I have served in the
House for more than half of the 40 years that Charlie Johnson has
served as Parliamentarian. As a matter of fact, I had just become a
Member of the House with no more than 3 weeks of experience when I
wandered onto the floor one day, having mistaken the bells and
thought there was about to be a vote.
Before I could get off the floor and go back about my business,
Charlie beckoned me to the chair; and the next thing I knew I was
wielding the gavel, presiding over the House, never having done
that before in my life. I was never more thankful to have someone
who knew what he was doing sitting behind me whispering
instructions, and I have been thankful ever since that Charlie
Johnson was in that position.
{time} 1115
For all those 22 years that I have known him, his chair behind
the Speaker, his office across the hall have
[[Page 543]]
been sources of civility in a House that is often contentious,
sometimes bitter and pugnacious and embattled. For all those years,
the Parliamentarian has been an authority that everyone in this
House, both sides of the aisle, have recognized and respected
because his rulings and his advice and his good judgment have
always been based on precedent and on sound thinking.
His office made him powerful. Anyone who became the
Parliamentarian of the House would be powerful inherently, but his
knowledge, his ability and his manner made him authoritative. The
House could not be the House that the Framers intended us to be,
the people's House, without sometimes passionate, hard-hitting
debate; but the House could not operate in that mode, sometimes
pushing the envelope of civility, without a referee that everybody
trusted and respected. For a long, long time, Charlie has been such
a referee.
My respect for Charlie Johnson on our side, the Democratic side
of the aisle, was established over the years and well-founded, but
his great ability, his inherent decent fairness, was recognized to
his credit and theirs when our Republican colleagues moved into the
majority and made him their Parliamentarian, too. He proved his
fairness, his basic inherent fairness, by serving both parties
without ever breaking stride. I do not think anyone in the years
that I have served here has ever accused him of bending with
partisan winds. Charlie Johnson has called them the way he saw them
for the last 40 years.
The House of Representatives is losing, we should not fool
ourselves, a huge amount of institutional memory with the loss and
retirement of Charlie Johnson. Four decades in the
Parliamentarian's office, 10 years as Chief Parliamentarian, and
during all those 40 years he has embodied those qualities that we
need most in a parliamentarian: erudition and evenhandedness, great
authority and great good humor, too, and overall a keen
understanding of this great institution of the Republic.
He has made the people's House deserve its name. He has helped
us make this complex system that we call democracy work and work
well.
Though he is leaving, he leaves behind him a legacy that will
inform the proceedings of this House for a long time to come, and
he is leaving a well-trained staff of Parliamentarians.
The SPEAKER pro tempore (Mr. LaHood). The time of the gentleman
from Texas (Mr. Frost) has expired.
Mr. DREIER. Mr. Speaker, I ask unanimous consent, in light of
the fact that we have so many requests to talk about Charlie, that
we extend the debate on this for an additional 5 minutes; and I
would like to yield that 5 minutes to the control of my friend from
Dallas, Texas (Mr. Frost).
The SPEAKER pro tempore. (Mr. LaHood). Without objection, there
will be an additional 5 minutes.
There was no objection.
Mr. FROST. Mr. Speaker, I yield 30 additional seconds to the
gentleman from South Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Speaker, I remember when John Sullivan was
first appointed and moved from the House Committee on Armed
Services. The day after he took his office as the Deputy
Parliamentarian, the staff on the
[[Page 544]]
House Committee on Armed Services concocted a convoluted
parliamentary problem, which I presented to him as an innocent
junior Member of the House, which John was immediately stumped by
before he realized that it was all a hoax. Today, if we presented
him that Gordian knot, I think he could probably cut it.
Charlie, you have taught us not just the procedures of the
House and taught us well, but you have taught us the reasons that
those rules must prevail. That is a legacy that will last for a
long, long time. I think the brooding omnipresence of Charlie
Johnson will loom over this House for a long time to come.
Thank you for everything you have done for us and this great
institution.
Mr. DREIER. Mr. Speaker, I am happy to yield 1 minute to the
gentleman from Texas (Mr. Thornberry), who often presides very ably
over this institution.
Mr. [Mac] THORNBERRY. Mr. Speaker, Members come to this
Congress with a policy agenda or a political agenda. We spend our
time and effort trying to make some change we think is good for the
country. Yet there is something bigger and more enduring than any
one of us or any one of our issues. That something is the
institution of the House of Representatives.
I believe that every elected Member has a responsibility to
that institution, but it is the professionals who serve as the
officers and staff of the House that make sure it is preserved and
protected. They serve the House and the Nation day and night
through heated debates and even through long, dull special orders.
Nobody has served this House more faithfully and more nobly
than our Parliamentarian, Charles Johnson. He is smart and
insightful as his job required, but he also has the integrity to be
trusted by both sides of the aisle during heated debate and
controversial rulings. He has a sense of history and, I think, a
sense of responsibility for this institution going back 217 years
to the Constitutional Convention on through today and on through
generations to come.
The House has been in good hands during Charlie Johnson's
tenure, and part of his legacy, part of his lasting influence, will
be felt through his successor. I join in expressing sadness at his
leaving, but also admiration and gratitude for his service.
Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Lewis).
Mr. [John] LEWIS of Georgia. Mr. Speaker, I rise to join my
colleagues in paying tribute to and saying a word of thank you to
Charles Johnson, the distinguished Parliamentarian of the House of
Representatives.
This is my 18th year of serving in this House, and this Member
can testify to the fact that Charles Johnson has been a fair,
hardworking, committed and dedicated public servant. When new
Members were given the chance to preside over the House, he was
always patient and eager to help Members make it through the
process. The House is a better House, and the country is a better
country because of Charles Johnson.
It is my belief that when historians pick up their pens and
write the history of this House during the latter
[[Page 545]]
part of the 20th century and the beginning of the 21st century,
they will have to write that a man called Charles Johnson made a
lasting contribution to maintaining order and peace in this House.
But he did more than maintain order and peace with his talents,
skills and ability. He helped guide this House through some of the
most important and sometimes bitter debates and discussions.
Charles Johnson has helped guide this House through the discussion
and debate on voting rights, civil rights, Medicare, the Higher
Education Act, war and peace.
I want to join my colleagues to thank Charles Johnson for all
of his good work and for his contribution toward the strengthening
of our democracy. Charles Johnson, Mr. Parliamentarian, we wish you
well in the days and years to come.
Mr. DREIER. Mr. Speaker, I am very happy to yield 1 minute to
the gentleman from Ohio (Mr. LaTourette).
Mr. [Steven C.] LaTOURETTE. Mr. Speaker, when we are all here
on the floor, there are often calls for regular order. The fellow
who has kept regular order has been Charlie Johnson during my 10
years.
A lot of platitudes have been spoken and they are all well
deserved. I want to extend my voice in saying thanks for giving me
the guidance when I have had the honor of presiding over the House
from time to time.
I do want to tell just one quick story in the minute that I
have been given because the majority leader made sort of a joke
about the 3-hour vote on prescription drugs and some Members in the
House, when they scream regular order, because we are all busy, we
do not take time to read the rules, do not know that the votes are
a minimum of 15 minutes and not a maximum of 15 minutes.
But I can recall during a rather contentious vote the
Republicans were up 206-204 and time had expired. A rather excited
Member from the West Coast, California, came running up, it was not
the gentleman from California (Mr. Dreier), and said, ``You've got
to close this thing down. We have to win this vote. You need to
shut it down.''
We looked and saw that earlier in the day 420 Members had
voted, we were about 10 Members short; it was late in the evening,
everybody was out having dinner, coming back; it was raining in the
Capital. Charlie Johnson then said, ``When you're in the minority,
you understand that you're not going to win a lot of votes here,
and when you're in the majority you can and probably should win
most votes, but what you can't do when you're in the majority is
steal a vote. We need to keep this vote open to make sure that
those 10 Members who voted just a half an hour ago have the
opportunity to be here and cast their ballots.''
We wound up winning and the Member on that occasion who was
excited came up later and apologized for screaming. Charlie Johnson
has been fair, fair to the Republicans, fair to the Democrats, and
I shall miss him very much.
Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Cardin).
Mr. [Benjamin L.] CARDIN. Mr. Speaker, I take this time to say
thank
[[Page 546]]
you to Charlie Johnson for his public service. He has never been
elected as a Member of this body, but he has had as much influence
as anyone who has ever been elected to this House in preserving the
traditions of this great democratic institution, and I thank him
for that. His contributions go well beyond the 40 years of service
because what he has done in his service will be a lasting tradition
in this body and will serve future generations.
He cannot duck a single tough issue, but he has ruled every
time on the basis of sound precedent without partisan
considerations. He is a person of the highest integrity, an
encyclopedic mind, a person who is totally committed to our country
and this legislative body.
Mr. Speaker, I just wanted to take this 1 minute as one Member
of this body to thank Charlie Johnson for what he has done to make
this great institution a better place for the future.
I thank you, I thank you for your friendship, and I thank you
for your commitment.
Mr. DREIER. Mr. Speaker, I am very pleased to yield 1 minute to
my good friend, the gentleman from Atlanta, Georgia (Mr. Isakson).
Mr. [Johnny] ISAKSON. Mr. Speaker, I, first of all, associate
myself with all the kind remarks that have been made about Charlie,
but I thought back to my first day here. I was elected on a special
election, came in, I knew no one, and it was a hustle and bustle.
Charlie Johnson was the guy who got me through that in what was a
blur to me.
Secondly, I am reminded of how great this institution is, and I
am reminded of three silent factors the public never sees. First is
the sconce of Moses that looks down upon the Speaker as an
inanimate object, but as a constant reminder of the integrity we
all need. Second is our Founding Father, George Washington, whose
portrait hangs on this side of our Capitol to remind us of where we
come from.
The third silent but very present, day in and day out, person
that guides the integrity of this most important institution is the
quiet but effective leadership of Charlie Johnson. This institution
has been blessed to have leaders of great capability from elected
office, but from that seat next to the Speaker, we have been
blessed to have a man who has the excellent commitment to fairness,
integrity, responsibility and the preservation of this Republic,
and that is Charlie Johnson.
Mr. FROST. Mr. Speaker, I yield 30 seconds to the gentleman
from New York (Mr. McNulty).
Mr. [Michael R.] McNULTY. Mr. Speaker I am honored to stand
here today and associate myself with the remarks of Speaker Hastert
and Leader Pelosi and all of the other Members in thanking Charlie
Johnson for his 40 years of outstanding service to the House of
Representatives and to the country.
When I first came to the Congress in the 1980s, I served on a
regular basis as one of the Speaker pro tems. At that time I knew
very little about parliamentary procedure and almost nothing about
the House rules. I thank Charlie and my friend the late Bill Brown
and John and Tom and Muftiah and Gay and all of the others who
helped through the years to educate
[[Page 547]]
me about the House rules and to have that wonderful experience
which, incidentally, I hope I have again someday.
Charlie, I would sum it up this way: You are the very
definition of outstanding public service. I wish you good health
and happiness for many, many years to come.
general leave
Mr. DREIER. Mr. Speaker, we have many, many Members who want to
have an opportunity to be heard on this and so, at this moment, I
am going to ask unanimous consent that general leave be provided so
that all Members may include statements in the Record upon Charlie
Johnson's retirement.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.
Mr. DREIER. Mr. Speaker, I ask unanimous consent that my friend
from Texas (Mr. Frost) be given an additional 1 \1/2\ minutes for
debate.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from California?
There was no objection.
Mr. DREIER. Mr. Speaker, I am happy to yield 1 minute to my
very, very good friend, the gentleman from Idaho (Mr. Simpson).
Mr. [Michael K.] SIMPSON. Mr. Speaker, I thank the gentleman
for yielding me this time.
Charlie, we are certainly going to miss you. Sometimes that
does not seem like enough, but all of the Members of the House and
the fellow staff members here in the House are certainly going to
miss you. Sometimes simple words are the best.
Parliamentary procedure, as has been stated here, the Rules of
the House equally and uniformly applied to all, are what make this
emotional and sometimes polarized place work. Charlie and I have
sometimes disagreed about the interpretation of those rules and we
have debated it a little bit. Yielding to the superior wisdom of
Charlie, I found out that you can end debate with a nondebatable
motion here in the House, but if we were back in Idaho, you could
not do that. We have had some very interesting debates.
I always found, when I practiced dentistry, that when I was
hiring a new chairside assistant, it was sometimes often easier to
hire somebody that had no experience because then you did not have
to untrain them before you retrained them. Sometimes I think
Charlie's toughest job here is to take some of us who have been
presiding officers in State legislatures and untrain us of the
rules that we learned in our State legislatures before he retrained
us about the Rules of the House.
I know that you have done a fantastic job. We have all enjoyed
working with you. Sometimes the measure of an individual's
performance is what those around him think about the job that he
has done. As I have talked to other staff members here, I can tell
you one of the things that was said yesterday, someone said, ``If I
had to think of one word to describe Charlie, it would be
`integrity.''' That is not a bad legacy to leave.
Thank you, Charlie. We are going to miss you.
Mr. DREIER. Mr. Speaker, I yield 30 seconds to the gentleman
from New Jersey (Mr. Pascrell).
[[Page 548]]
Mr. [Bill] PASCRELL. Charlie, you have served your country and
you have served this wonderful House. At a time when we have lost
something in terms of ritual and ceremony, you have always brought
us back to reality.
{time} 1130
Thomas Jefferson, I am sure, would be very proud of you. Our
laws and our rules are based upon what he wrote.
We were brought together 8 years ago when I came into this
House by a mutual friend. It was the right move. The first person I
met on this floor was Charlie Johnson.
And I know you have wished well your successor. I know he will
do well. I know John will do very well. This is a great
institution, Charlie, and we will never forget how you served your
country.
Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker I yield 30 seconds to the gentleman from
Oregon (Mr. Blumenauer).
Mr. [Earl] BLUMENAUER. Mr. Speaker, we have talked about the
contribution that our friend Charlie Johnson has made to the rules
of the House, and that he has provided the context to understand
the rules. But I think the thing that I have come to appreciate is
the human face that he puts on it. It is the dimension provided by
the outstanding men and women who make this place work behind the
scenes, that we all come to appreciate.
Charlie, you epitomize those people; and ultimately it is that
human face that is going to provide the strength to make sure that
the House follows through on the path that you have charted so ably
in the past 40 years. We greatly appreciate your contributions.
Mr. DREIER. Mr. Speaker, I yield 2 minutes to the gentleman
from Peoria, Illinois (Mr. LaHood), who, as has been pointed out,
time and time again so ably presides over this institution as
Speaker pro tempore.
Mr. LaHOOD. Mr. Speaker, I think people watching this would
find it kind of odd that I would have to step down off the podium
in order to speak, but Charlie would never allow me to speak from
up there because it is not according to the rules of the House.
And I think people would find it odd that Charlie cannot speak
today. Charlie has spoken many, many times on this floor through
those of us who have had the great opportunity and privilege to
serve as Speaker pro tempore. But it is not according to the rules.
And if it is not according to the rules, it does not happen. And if
it is not according to the rules by Charlie Johnson, it does not
happen.
I was quoted in CQ as saying that Charlie runs the House, and I
hope our leadership does not take offense at that; but Charlie
really has run the House for many years, and thank goodness for
that.
I think many people do not realize that in 1994 not one of us
in the majority presided. When we were sworn in in 1995, not one of
us in the majority had ever presided over the House. And if it were
not for the magnificent work of Charlie and his entire staff, think
of the chaos that could be created when we turn over an entire
House to a new majority of people who obviously maybe know a little
bit about
[[Page 549]]
the rules but not much. And if it were not for the great work of
Charlie and all of his people, think of the kind of chaos.
And we were dealing with some really important issues here. I
know you do not like to hear about the Contract with America, but
that was the agenda for 3 months, and that was major legislation.
And we could not have done it, and those of us who had the
privilege early on of presiding could have never done it. It would
not have been possible for us if we had not really paid attention
to Charlie Johnson and the people that work in his office, and they
really are the ones that allow us to do the things that we were
able to do throughout the 10 years that we have been in the
majority.
When people say to me, How did you get so good at presiding? It
is a very simple answer. I listened to Charlie Johnson. That is the
answer. And when one listens to Charlie, they get good advice.
I want to say one word about these jobs that we have: we could
not do without the kind of spouses that allow us to do them, and I
want to say a word about Martha. Martha is here.
And, Martha, I want to say to you, thank you for giving us this
extraordinary human being who has given us so much. We are in your
debt for the kind of, I think, tolerance that you have lent to the
job that Charlie has done, the long nights, the late nights, and
the good work.
Charlie, job well done. Godspeed.
Mr. FROST. Mr. Speaker, I yield 30 seconds to the gentleman
from Washington (Mr. Baird).
Mr. [Brian] BAIRD. Mr. Speaker, on the night of September 11, I
began to think about what might happen if this institution were to
perish in an attack, and I asked, who should we talk to to learn
the answer to that question? And the answer to that was Charlie
Johnson.
Charlie, I want to thank you and your entire staff for your
help on that issue but, more importantly, for how you help us every
single day.
People around the country see us disagree and bicker all the
time here, and they say is there not anything you people can agree
on? Today, my friends, we have agreed on something. We have agreed
to honor this magnificent individual, his service to our country
and the principle of the rules that keep our democracy, our
Republic, and this great body functioning.
I thank you, Charlie, and I thank my colleagues for their great
words today. Godspeed, Charlie.
Mr. FROST. Mr. Speaker, I yield 30 seconds to the gentleman
from Wisconsin (Mr. Kind).
Mr. [Ron] KIND. Mr. Speaker, I thank the gentleman for yielding
me this time.
Charlie, they say that politics is a sea of conflict. If that
is true, then you have been the steady hand that has guided this
ship of state, our democratic process, through so many years of
calm and troubled waters. You will be missed. We have appreciated
your service. You are the epitome of what public service is all
about.
And, as I encouraged Terry just before his retirement, and I
have enjoyed the conversations that we have had in regards to the
tradition and the history and the culture of this place, I
encourage you to record your memories and
[[Page 550]]
maybe put it in book form to share with the rest of the world
because in so many ways, you are also the repository of a lot of
the knowledge and memories that are embodied in this place.
So we all wish you well today. We wish you Godspeed and may you
have a very long and happy and healthy retirement. Thank you.
Mr. DREIER. Mr. Speaker, I yield 30 seconds to the gentleman
from Georgia (Mr. Linder), the chairman of the Subcommittee on
Technology and the House of the Committee on Rules.
Mr. [John] LINDER. Mr. Speaker, when the Republican transition
occurred in December of 1994, I was charged with the responsibility
of interviewing people and finding hires for the top five positions
in the House, and one of those was Parliamentarian. I frankly came
at it with some suspicion. If someone could be working so long for
the other party in control, could that person be fair? And he
convinced me over two meetings that his job was not to be fair or
unfair, but to know the rules. He has proven that he does, with an
even hand; and I join all my colleagues in thanking him in his
service to his country.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may
consume.
I would like to close again by expressing appreciation on
behalf of all of the many staff members here in this institution
who work so closely with Charlie Johnson, all of those who are
working for us here today and the members of committee staffs and
personal staffs who have worked so closely with him.
And I would like to close by sharing with our colleagues a note
that was handed to me a few minutes ago. It says: ``Dear Charlie,
thanks for your 40 years of service to the House and our country. I
wish you all the best. Keep your arm loose. We may need to call you
in from the bullpen.'' This is a handwritten note from the
President of the United States, George W. Bush, which I will give
to you, Charlie, as soon as we have the resolution. . . .
Mr. DREIER. Mr. Speaker, I yield back the balance of my time,
and I move 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.
To the Legislative Counsel
Sec. 10.6 The Legislative Counsel, Ward M. Hussey, and the Deputy
Legislative Counsel, Lawrence E. Filson, were paid tribute on the
occasion of their respective retirements on the same day.
On Mar. 1, 1989,(1) Speaker pro tempore Earl Hutto, of
Florida, laid before the House the resignation of its Legislative
Counsel, Ward M. Hussey, and a response thereto from the Speaker, James
C. Wright, Jr., of Texas. The House then considered and adopted House
Resolution 97, expressing its gratitude for the service of
[[Page 551]]
Mr. Hussey and for the service of Lawrence E. Filson, who also was
retiring as Legislative Counsel.(2)
---------------------------------------------------------------------------
1. 135 Cong. Rec. 3084-87, 101st Cong. 1st Sess.
2. For the resignation of Ward M. Hussey as Legislative Counsel, see
Sec. 9.3, supra.
---------------------------------------------------------------------------
RESIGNATION AS LEGISLATIVE COUNSEL OF THE HOUSE OF
REPRESENTATIVES
The SPEAKER pro tempore (Mr. Hutto) laid before the House the
following resignation as legislative counsel of the House of
Representatives:
U.S. House of Representatives,
Washington, DC, February 16, 1989.
Hon. Jim Wright,
Speaker, U.S. House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby submit my resignation as Legislative
Counsel of the United States House of Representatives effective at
the close of business February 28, 1989.
Sincerely yours,
Ward M. Hussey,
Legislative Counsel.
The SPEAKER pro tempore. The Clerk will read the following
communication from the Speaker:
The Clerk read as follows:
U.S. House of Representatives,
Washington, DC, February 21, 1989.
Mr. Ward M. Hussey, Esq.
Legislative Counsel, U.S. House of Representatives,
Washington, D.C.
Dear Ward: I have received your letter of February 16, 1989,
stating that you shall retire as Legislative Counsel to the House
of Representatives effective on February 28, 1989. I accept your
resignation with profound appreciation for the devoted service you
have rendered since 1946 to the House and its Members and, indeed,
to the Nation.
The Office of Legislative Counsel has come a long way since its
origin as the Legislative Drafting Service in 1919. It has become
one of the essential institutions of the House, a truth that is
ably demonstrated by the nearly universal reliance of Members and
committees on its professional services. Especially under your
leadership, the Office has flourished as a reservoir of expertise
from which Members of the House can draw the nonpartisan advice and
assistance that is indispensable to the clear, faithful, and
coherent expression of legislative policy. The example you have
set, since 1946 as a consummate legislative draftsman and since
1972 as the foresighted head of the Office, bespeaks a blend of
skill and dedication that, in my expertise, is unsurpassed.
I know I speak for the entire House of Representatives when I
say that you leave here with our admiration, our respect, our
gratitude, and our heartfelt wishes for may years of happiness and
much success in your future endeavors.
Sincerely,
Jim Wright,
The Speaker. -------------------
EXPRESSING GRATITUDE OF THE HOUSE FOR THE SERVICE OF WARD M.
HUSSEY AND LAWRENCE E. FILSON
Mr. [Dan] ROSTENKOWSKI [of Illinois]. Mr. Speaker, I offer a
resolution
[[Page 552]]
(H. Res. 97) expressing the gratitude of the House of
Representatives for the service of Ward M. Hussey and Lawrence E.
Filson, and I ask unanimous consent for its immediate
consideration.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read the resolution, as follows:
H. Res. 97
Whereas Ward M. Hussey was appointed to the Office of the
Legislative Counsel in November 1946 and Lawrence E. Filson was
appointed to that Office in October 1949;
Whereas Ward M. Hussey and Lawrence E. Filson have provided
83 years of service to the House of Representatives as members
of the Legislative Counsel;
Whereas Ward M. Hussey has served as the Legislative
Counsel for 17 years and Lawrence E. Filson has served as the
Deputy Legislative Counsel for 17 years;
Whereas Ward M. Hussey has been the principal draftsman of
all the Federal income tax laws beginning before the enactment
of the Internal Revenue Code of 1954; and
Whereas Lawrence E. Filson has been the principal draftsman
of all major social security laws since 1954, including the
original medicare and medicaid and supplementary security
income laws, the Congressional Budget Act, and significant
housing legislation: Now, therefore, be it
Resolved, That the House of Representatives expresses its
gratitude to--
(1) Ward M. Hussey and Lawrence E. Filson for their
combined service to the House of 83 years, and
(2) the Office of the Legislative Counsel for its 70 years
of assistance in the drafting of legislation considered by the
House.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
The SPEAKER pro tempore. The gentleman from Illinois [Mr.
Rostenkowski] is recognized for 1 hour.
Mr. ROSTENKOWSKI. Mr. Speaker, for the purposes of debate, I
yield 30 minutes to the gentleman from Texas [Mr. Archer], and
pending that, I yield myself such time as I may consume.
Mr. Speaker, the resolution before the House pays a well-
deserved tribute to two men who are leaving one of the least
publicized yet most important offices on Capitol Hill. Yesterday,
Ward Hussey, the legislative counsel for the House, and Larry
Filson, the deputy counsel, retired. Their combined service in the
Office of Legislative Counsel amounts to a total of 83 years. Their
contribution to the work of the House of Representatives is
immeasurable.
The Legislative Counsel Office is one of the most important and
respected on Capitol Hill. The House depends on the office at every
stage of the legislative process: From the drafting of a bill for
introduction to the final version of conference agreements. It is
there that our decisions are translated into statutory language.
The Office of Legislative Counsel enjoys a reputation for
professionalism and fairness that is unrivaled on Capitol Hill.
Ward Hussey and Larry Filson helped establish the office's
tradition of excellence.
Ward Hussey joined the Office of Legislative Counsel in 1946
after his World War II service in Okinawa. His service experience
setting up a postal system for civilians led him to consider
[[Page 553]]
a job with the Government. This in turn led to a lifetime of public
service and personal sacrifice.
Ward has often told us how difficult it was in those early days
when, as the most junior staff person in the office, he would
always get the last carbon copy from the old typewriters: A copy so
faint and smeared that it was barely readable. But Ward persevered,
and on March 1, 1972, he became only the fourth House Legislative
Counsel since the office was established in 1918.
The Committee on Ways and Means has come to know Ward as the
country's most knowledgeable expert on the Internal Revenue Code,
but when he first joined the staff, he did not work on tax
legislation. In fact, early in his career he helped draft the
Marshall Plan, and its statement of purposes, which established the
framework for the rebuilding of post-war Europe.
In 1952, however, he began to work exclusively on tax
legislation. This occurred, in Ward's own words, because no one
else in the office wanted to work on tax bills. Knowing of the many
frustrations to be encountered in this area, I can understand why
no one wanted to draft tax legislation.
Soon after becoming the ``tax man'' at legislative counsel,
Ward began a 9-month effort rewriting the entire Internal Revenue
Code. His product became the Internal Revenue Code of 1954. Thirty-
two years, and many tax bills later, Ward once again rewrote the
entire Tax Code when he directed the drafting of the Tax Reform Act
of 1986. The Tax Reform Act of 1986 has a very special meaning for
me. Its enactment would have been impossible without the expertise
and energy of Ward Hussey and his staff.
Larry Filson, a graduate of Park College and Columbia Law
School, joined the Office of Legislative Counsel on October 1,
1949. He became assistant counsel in 1952 and deputy legislative
counsel in 1972. Larry has drafted legislation in many areas of
Federal law, using in his early days a now antique Royal manual
typewriter.
A sampler of the landmark laws that reflect Larry's drafting
skill would include--
(1) All of the major Social Security laws since 1954, including
the original Medicare, Medicaid, and supplemental security income
laws,
(2) The National Aeronautics and Space Act of 1958,
(3) The Congressional Budget Act of 1974,
(4) The Gramm-Rudman-Hollings Acts of both 1985 and 1987, and
most recently,
(5) The Family Support Act of 1988.
Over the years, countless members and their legislative
assistants have not only been helped, they've been saved because of
Larry's expertise. Many a stalled legislative drafting session has
been salvaged by Larry taking a draw of his pipe and saying, ``I
think what you're really trying to do is this.'' As if by magic,
the right words would appear.
Mr. Speaker, it is a rare occasion for the House to adopt a
resolution of this sort, but I can think of no more deserving
recipients of this honor. The careers of Ward Hussey and Larry
Filson are an example of public service at its finest. I know that
all of my colleagues join me in thanking them for their service to
their country and to this House.
[[Page 554]]
Ward, Larry, we will miss you and we wish you all the best.
{time} 1440
Mr. Speaker, I reserve the balance of my time.
Mr. [Bill] ARCHER [of Texas]. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I'm very grateful for this opportunity to join
Chairman Rostenkowski in offering this resolution honoring Ward
Hussey and Larry Filson.
Their retirement today from the Office of Legislative Counsel
is indeed a reflective occasion for those of us who have worked
with these two gentlemen over the years.
Yes, it gives us a great chance to say a heartfelt ``thank
you'' to these men who absolutely epitomize what it means to toil
in the background. It also, however, represents a sad moment, when
we must witness the passing of an era.
``Ward Hussey'' and ``Larry Filson'' are not household names in
this country * * * and, unfortunately, relatively few Americans
will ever know about the contributions that they have both made to
this Nation during their distinguished careers.
That's the way they wanted it. In fact--in an interview several
years ago--Ward commented that one of the specifications for his
job is a ``passion for anonymity.''
That may be a rare commodity in the Nation's Capital, but, in
truth, it's one of the noble traits of these two men--which allowed
Ward and Larry to be so successful in carrying out their
responsibilities.
They are, and have been throughout their long careers, true
professionals who epitomize the definition of public service.
Both of them could have shined in careers in the private
sector, and enjoyed far greater financial rewards for their labors.
They chose instead to focus their brilliance on helping the
Congress put into workable language the ideas we generate that
affect the lives of all Americans.
Described by a close friend of mine as the quintessential wise
man on the Social Security Act, Larry Filson, Deputy Legislative
Counsel, has been known to insiders as Mr. Social Security.
He has drafted all of the major additions to the Social
Security Act since the early 1950's.
That includes the Social Security Disability Program, the
Medicare Program, the Supplemental Security Income Program, and, of
course, the major Social Security Amendments of 1983.
Those who have had the pleasure of working with Larry in the
late hours of final drafting sessions appreciate not only his
expansive program knowledge and professionalism, but also his
affable, accommodating nature and his dry wit.
Larry will be missed by all of us. He is a gentleman and the
consummate scholar of the Social Security Act.
Likewise, no one will ever surpass the knowledge of the
International Revenue Code possessed by Ward Hussey, House
Legislative Counsel.
While one of his greatest achievements was the drafting of the
post-
[[Page 555]]
World War II Marshall plan, he is, without a doubt, known now as
Mr. Tax Code.
A key writer of the Internal Revenue Code of 1954, he drafted
all of the additions to that document, as well as its replacement,
the Internal Revenue Code of 1986.
His ability to frame complex tax concepts in simple legislative
language is legendary.
Former tax staffers refer, with reverence, to Ward's way of
rising from his chair during a heated debate in a drafting session,
going to the chalkboard and outlining, in a now silent room, the
essential elements of a solution.
A significant part of the lasting contributions of these two
men will not be found just in the printed words they drafted.
They also have served as teachers and counselors to other
generations of dedicated public servants, who in turn have carried
on their commitment to precision in putting legislative action into
the written law.
They never lost sight of the importance of that vital step in
carrying out the will of the people, through their elected
officials in Congress.
Ward and Larry, we hope that this Resolution honoring you on
the occasion of your retirements, conveys how grateful we and the
Nation are for the service you've rendered.
Neither you, nor your contributions to our Nation, will be
forgotten.
Thank you, and God bless you.
Mr. Speaker, I yield the balance of my time to the gentleman
from California [Mr. Thomas].
The SPEAKER pro tempore (Mr. Hutto). Without objection the
gentleman from California [Mr. Thomas] will control the balance of
the time.
There was no objection.
{time} 1450
Mr. ROSTENKOWSKI. Mr. Speaker, I yield such time as he may
consume to the gentleman from Texas [Mr. Pickle].
Mr. [J.J. (Jake)] PICKLE. Mr. Speaker, it is good that we are
going to take this time today to pay our respects to these two
senior officials. Some of the people who might be listening to any
replay of this might wonder, ``Why would you single out two people
when there are hundreds and hundreds of people up here on the
Hill?''
But there are occasions, however, when we should do this, for
here are two people who really helped to mold legislation over the
years for the betterment of the Republic.
I marvel at times because I wonder how can we get legislation
that we vote on for final passage when we have labored for months
and months on a particular bill, formulated a policy, and then said
conceptually this is what we have agreed to. We go home at midnight
and the next day at noon a 200-page bill is prepared for us to vote
on in legal form. Now, that sounds like almost an impossibility,
and it is. Sometimes there are little flaws made, but can you
imagine the years and years of training it takes to be able to
master that type of a project. We could not do it if we did not
have veteran people like Ward Hussey and Larry Filson.
Larry, I know from personal experience, helped us draft the
Social Security reform bill of 1983 and has kept
[[Page 556]]
with it over the years. We can all be proud that the trust fund is
solvent. In fact, unfortunately, it is being looked upon as a
potential source of funds for other uses. But we have done a good
job with the 1983 legislation and Larry Filson is to be commended.
Ward Hussey has been here for 43 years. You must have gone back
to even before Jamie Whitten came to the Congress, about the same
time, so you are older almost than the Capitol Dome.
Well, it makes us feel good that we have had people who are
professional. You two are typical of people who make the Congress
look good. You have drafted legislation that has been in the public
interest. The Nation is proud of you and those of us who work with
you on the committee give you our special thanks.
Mr. [William M.] Thomas of California. Mr. Speaker, I yield
myself such time as I may consume.
I consider myself a junior member of the firm, and so in my
remarks I will reflect on what I find to be a constant amazement,
and that is those of us who are out front, for example on the Ways
and Means Committee, and get all the attention, all of the picture
time and all of the ink time in producing what people consider the
law of the land, have to understand and appreciate that it is very
much like making a movie. Those people who are up there on the
screen are only up there on the screen performing a very small part
of what puts them up on the screen. What we have had in Ward Hussey
and Larry Filson are the finest directors, the finest cameramen,
the finest sound men, the finest stage men. They are everything
else that makes a motion picture a motion picture.
When we argue the concept in a tax bill and we do argue the
general concepts, they have to take what is sometimes a fairly
vague message and not only put it into legislative language, not
only make sure that the sound is in synchronization with the
picture on the screen, but also make sure that what is said fits in
with what is becoming a far more complex world than was the case
just a few years ago, and that is if a desired change in one area
affects something else that is already on the books, do you fit it
in while making it a whole? That is if the sound and picture are in
sync, is it in focus? Is the color correct? Are there people on the
stage making noises that we do not know about that show up on the
film? All of that has been their responsibility, without the
credit, without the spotlight, but with the dedication to not only
make us look good, but somehow beyond what I consider human
resources be virtually infallible in doing that job, not in months,
not in weeks, not even sometimes in days, but required to perform
within hours and always doing it with no complaint and with total
accuracy. Those are the kind of people that are in our employment.
We do not often put the spotlight on them.
I would like to take this opportunity once again in saluting
Ward and Larry to reflect on all the other employees who perhaps
have not had as critical a job for as long a time, but perform just
as admirably.
So from a junior member of the firm, thank you. I do not know
who in the world figured out both of you retiring at the same time,
but talk about loss of
[[Page 557]]
institutional memory, I am worried about a work product for a few
years until we get some people up to speed. Having said that, I
know you have trained people underneath you to perform as admirably
as you have.
Thank you for your years, thank you for your contribution,
thank you for making us look as good as we are, and as the author
says in the book, these folks made it all correct and if there are
any mistakes, they are attributable to us, not them.
Mr. ROSTENKOWSKI. Mr. Speaker, I yield such time as he may
consume to the gentleman from New Jersey [Mr. Guarini].
Mr. [Frank J.] GUARINI. Mr. Speaker, let me rise and add my
voice to these well-deserved commendations to Ward Hussey and Larry
Filson.
For more than 80 years, they have served this House. They have
served our country with distinction. For more than eight decades
they have embodied the highest ideal of public service. Often under
great pressure and always with integrity and skill, they have
served in the front lines of democracy, helping the wheels of
government turn.
Those on the Ways and Means Committee have a special feeling
for Larry and Ward. From the Marshall Plan to the Tax Code, from
the space program to Social Security, we can see the helpful hand
of these two distinguished gentlemen.
In a free country, it is often the quiet, unheralded voices
that give meaning and substance to the ideas of freedom. Others get
the credit, while their accomplishments live on in the laws of our
land.
Year after year, day after day, and hour after hour, on law
after law, Ward Hussey and Larry Filson have stood on the front
lines, and indeed in the trenches.
My friends, wish you both well. We will miss you. The House
will miss you. Our Nation will miss you, your talents, your energy
and your skills.
Today's commendation is a tribute, a statement of appreciation,
a statement of thanks. Because of you, America is a better place
and our Nation is grateful for your service.
In a free country that perhaps is the greatest accomplishment
and compliment to all or any of our public servants.
Good luck. We wish you success and happiness in your future
endeavors and in your retirement. The best to both you two fine
splendid gentlemen. . . .
general leave
Mr. ROSTENKOWSKI. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend
their remarks on House Resolution 97, the resolution now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
Mr. [William] THOMAS of California. Mr. Speaker, I yield back
the balance of my time.
Mr. ROSTENKOWSKI. Mr. Speaker, I yield back the balance of my
time, and I move 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.
DESCHLER-BROWN-JOHNSON PRECEDENTS
Ch. 37
[[Page 559]]
[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
[[Page 560]]
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
[[Page 563]]
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
[[Page 564]]
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
[[Page 566]]
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