[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 38. Death]
[Â§ 2. Effect of Death on House Business; Presumptive Death of Member]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 569-586]
 
                               CHAPTER 38
 
                                 Death
 
Sec. 2. Effect of Death on House Business; Presumptive Death of Member

    The death of a Member is only formally recognized in one place

[[Page 570]]

in the rules of the House.(1) Clause 5 of Rule XX provides 
that upon the death of a Member, the whole number of the House shall be 
adjusted accordingly.(2) The death of the President, a 
Member, or other national or foreign leader may affect the scheduling 
of business in the House.(3) Those scheduling decisions have 
varied over time depending on the person who has died and the House 
schedule at the time of the death. When a Member-elect dies before the 
House convenes for that Congress(4) and the state has 
submitted his certificate of election, the Member-elect's name will be 
carried on the roll of Members at the inception of a Congress to 
establish a quorum.(5) The name will be deleted from 
subsequent roll calls,(6) after the new House is officially 
notified of the vacancy by announcement from the Clerk.
---------------------------------------------------------------------------
 1. Rule XX clause 5, House Rules and Manual Sec. 1024b (2007). The 
        Clerk has certain responsibilities upon the death of a Member 
        or former Speaker. See Id. at Rule II clause 2.
 2. See Ch. 4, supra.
 3. See Sec. Sec. 2.6, 2.8, infra.
 4. See Chs. 1, 2, supra.
 5. See Sec. 2.12, infra.
 6. See Sec. 2.12, infra.
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    The death of a Member after his introduction of a bill does not 
preclude subsequent action on it as bills become the property of the 
House when introduced.(7) The House may authorize another 
Member to act as first sponsor of a bill or resolution for purposes of 
adding co-sponsors and requesting reprints of the measure when the 
actual first sponsor has died.(8) The death of a Member does 
not invalidate his signature on a discharge petition but the signature 
may be withdrawn by his successor.(9)
---------------------------------------------------------------------------
 7. See Sec. 2.11, infra.
 8. See Sec. 2.9, infra.
 9. See Sec. 2.10 infra.
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    Pursuant to a rule adopted in the 108th Congress, in the event of a 
vacancy in the Office of Speaker, including one as the result of death, 
a designated Member acts as Speaker pro tempore until the election of a 
Speaker or Speaker pro tempore.(10) Pending the election of 
a Speaker or Speaker pro tempore, the Member acting as Speaker pro 
tempore may exercise such authorities of the Office of the Speaker as 
may be necessary and appropriate to that end.(11) Prior to 
the 108th Congress, when a Speaker died during a session of Congress, 
the Clerk generally called the House to order and presided until a new 
Speaker was elected.(12)
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10. See Sec. 2.2, infra.
11. Id.
12. See Sec. Sec. 2.2, 2.3, infra; Chs. 1, 6, supra.

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[[Page 571]]

    The House may presume the death of a missing Member-elect and 
declare that Member's seat vacant. The authority for this derives from 
art. I, Sec. 5 of the Constitution, which declares that each House 
shall be the judge of the qualifications of its Members. Once the seat 
is declared vacant, the Governor of the missing Member-elect's state 
may call a special election (or appoint a representative to serve until 
the next regular election) as required by art. I, Sec. 2 of the 
Constitution. The House may declare the seat of a Member-elect vacant 
where a Member-elect is not able to take the oath or resign due to an 
incapacitating illness.(13)
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13. See Parliamentarian's Note at Sec. 2.17, 
        infra.                          -------------------
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Death of President

Sec. 2.1 Because of the funeral services for President John F. Kennedy, 
    business and special orders scheduled for Monday, Nov. 25, 1963, 
    were, by unanimous consent, transferred to Tuesday.

    On Nov. 25, 1963,(1) after the assassination of 
President John F. Kennedy, Mr. Abraham J. Multer, of New York, asked 
for a transfer of business to the following day:
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 22694, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. MULTER. Mr. Speaker, I ask unanimous consent that the 
    business in order for today shall be in order on tomorrow, and that 
    special orders in order for today shall be transferred to tomorrow 
    and shall precede those presently scheduled for tomorrow.
        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from New York?
---------------------------------------------------------------------------
 2. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------

        There was no objection.

    Parliamentarian's Note: Consideration of a House joint resolution 
continuing appropriations had been scheduled for that date.

Death of Speaker

Sec. 2.2 Rule I clause 8(1) provides for a Speaker to 
    designate a Member to act as Speaker pro tempore in a limited 
    capacity in the event of the Speaker's death. It provides that (1) 
    in the event of a vacancy in the Office of Speaker, including one 
    as the result of death, a designated Member acts as Speaker pro 
    tempore until the election of a Speaker or Speaker pro 
    tempore;(2) (2) that pending the election of a Speaker 
    or

[[Page 572]]

    Speaker pro tempore, the Member acting as Speaker pro tempore may 
    exercise such authorities of the Office of the Speaker as may be 
    necessary and appropriate to that end;(3) and (3) as 
    soon as practicable after the Speaker's election and whenever he 
    deems it appropriate thereafter, the Speaker shall deliver to the 
    Clerk a list of Members in the order in which they should act as 
    Speaker pro tempore.(4)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 632 (2007).
 2. Id.
 3. Id.
 4. Id.
---------------------------------------------------------------------------

    On Mar. 13, 2003,(5) Speaker pro tempore Marsha 
Blackburn, of Tennessee, made the following announcement:
---------------------------------------------------------------------------
 5. 149 Cong. Rec. 6118, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chair announces that on February 10, 2003, the Speaker 
    delivered to the Clerk a letter listing Members in the order in 
    which each shall act as Speaker pro tempore under clause 8(b)(3) of 
    rule I.

    Parliamentarian's Note: Rule I clause 8(b)(3)(C)(6) also 
provides that for the purposes of appointing a Speaker pro tempore 
under this rule, a vacancy in the Office of the Speaker may exist by 
reason of the physical inability of the Speaker to discharge the duties 
of the Office.
---------------------------------------------------------------------------
 6. House Rules and Manual Sec. 632 (2007).
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Sec. 2.3 Prior to the rules change in the 108th Congress, when a 
    Speaker died during a session of Congress, the Clerk called the 
    House to order, announced the death, and presided until a new 
    Speaker was chosen.

    On June 4, 1936,(1) the House was called to order at 11 
o'clock a.m. by South Trimble, Clerk of the House. He announced the 
death of Speaker Joseph W. Byrns, of Tennessee, and advised that the 
selection of a Member to preside as Speaker was in order.
---------------------------------------------------------------------------
 1. 80 Cong. Rec. 9016, 9017, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk. Gentlemen of the House of Representatives, it 
    becomes my sad and painful duty to announce to the House the sudden 
    death of your beloved Speaker, the Honorable Joseph W. Byrns, a 
    Representative from the State of Tennessee.
        Speaker Byrns presided over the House on yesterday, presumably 
    in his accustomed good health, but shortly after his arrival at his 
    apartment he was stricken and soon thereafter passed away. In his 
    death this House has suffered the loss of an able, fair, and 
    impartial presiding officer; the country a legislator of long 
    experience, a statesman of courage and marked ability; and his 
    State of Tennessee a noteworthy citizen.

[[Page 573]]

        The duty of selecting one to preside over the deliberations of 
    the House now rests upon you.

    Following this statement by the Clerk, Mr. John J. O'Connor, of New 
York, offered a resolution that Majority Leader William B. Bankhead, of 
Alabama, be elected Speaker, and moved for its adoption. The Clerk read 
the resolution and it was agreed to by voice vote.

        Mr. O'CONNOR. Mr. Clerk, in view of the unfortunate 
    circumstance in which we find ourselves, and with no disrespect to 
    our beloved Speaker who has left us, it becomes necessary, in order 
    that the House may function and the machinery of government may not 
    stop, that the House proceed to the election of a Speaker.
        I present the following resolution and move its adoption.
        The Clerk read as follows:

                            House Resolution 543

            Resolved, That Hon. William B. Bankhead, a Representative 
        from the State of Alabama, be, and he is hereby, elected 
        Speaker of the House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. William B. Bankhead, as 
        Speaker of the House of Representatives.

        The Clerk. The question is on agreeing to the resolution.
        The resolution was agreed to.

    Parliamentarian's Note: Speaker Byrns died in his apartment in the 
Mayflower Hotel in Washington, D.C., at approximately 12:15 a.m., June 
4, 1936. He was the first Speaker to die while Congress was in session, 
and the third Speaker to die in office. (Speaker Michael C. Kerr [Ind.] 
died Aug. 19, 1876, between sessions of the 44th Congress. Speaker 
Henry T. Rainey [Ill.] died Aug. 19, 1934, after the second session of 
the 73d Congress had adjourned.) When the House adjourned on June 3, 
1936, it had agreed to meet at 11 o'clock a.m. the next morning. The 
Speaker having died the morning of June 4, the House met as scheduled 
and elected Rep. Bankhead as Speaker.(2)
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 2. See Sec. 6.10, infra, for a resolution of sympathy adopted by the 
        House, and Sec. 11.1, infra, for a House resolution inviting 
        distinguished guests to attend the funeral in the Hall of the 
        House.
---------------------------------------------------------------------------

    Four years later, Speaker Bankhead died in office. On Sept. 16, 
1940,(3) the Clerk of the House called the House to order at 
12 o'clock noon and announced the death of Speaker Bankhead:
---------------------------------------------------------------------------
 3. 86 Cong. Rec. 12231-34, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Clerk. Members of the House of Representatives, it becomes 
    my sad and painful duty, as Clerk of the House of Representatives, 
    to inform you officially that your beloved Speaker passed away 
    yesterday morning at the Naval Hospital in this city.

[[Page 574]]

        America has lost one of her greatest statesmen and patriots, 
    the House of Representatives a most able and eloquent Speaker, and 
    the State of Alabama a noble and courageous son.
        In accordance with the rules and practice of the House of 
    Representatives, it now becomes the duty of this House to elect a 
    Speaker. What is the pleasure of the House?

    Speaker Bankhead died in the Naval Hospital in Washington, D.C., at 
1:35 a.m., Sept. 15 and was thus the second Speaker to die while 
Congress was in session.
    Following announcement by the Clerk of the death of Speaker 
Bankhead, Mr. John W. McCormack, of Massachusetts, offered a resolution 
that Mr. Sam Rayburn, of Texas, be elected Speaker. The resolution was 
agreed to by voice vote. The Clerk appointed a committee to escort Mr. 
Rayburn to the Chair, where the oath was administered by Mr. Adolph J. 
Sabath, of New York.

        Mr. McCORMACK. Mr. Clerk, in view of the unfortunate 
    circumstances in which the House finds itself, and with a feeling 
    of very profound respect for the memory of our beloved Speaker who 
    has left us, it becomes necessary, in order that the House may 
    continue to function and the machinery of Government may go on, 
    that the House proceed to the election of a Speaker.
        I therefore offer the following resolution, and move its 
    adoption:
        The Clerk read as follows:

                            House Resolution 602

            Resolved, That Hon. Sam Rayburn, a Representative from the 
        State of Texas, be, and he is hereby, elected Speaker of the 
        House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Sam Rayburn as Speaker of the 
        House of Representatives.

        The resolution was agreed to.

Sec. 2.4 The Clerk called the House to order at the beginning of the 
    second session of the 87th Congress and announced that Speaker 
    Rayburn had died during the sine die adjournment.

    On Jan. 10, 1962,(1) the Clerk of the House, Ralph R. 
Roberts, called the House to order.
---------------------------------------------------------------------------
 1. 108 Cong. Rec. 5, 87th Cong. 2d Sess. See also Chs. 1, 2, and 6, 
        supra.
---------------------------------------------------------------------------

    Speaker Sam Rayburn, of Texas, presided over the House for the last 
time on Aug. 30, 1961. On Aug. 31, he departed from Washington for his 
home in Texas, and Majority Leader John W. McCormack, of Massachusetts, 
was elected (by resolution) Speaker pro tempore during the absence of 
the Speaker.
    The first session of the 87th Congress adjourned sine die on Sept. 
27, 1961. Speaker Rayburn died on Nov. 16, 1961, in Bonham, Texas.

        The House met at 12 o'clock noon and was called to order by the 
    Honorable Ralph R. Roberts, Clerk of the House.

[[Page 575]]

        The Clerk. Members of the House of Representatives, the time 
    has arrived for the meeting of the 2d session of the 87th Congress. 
    Since the last session of Congress the great and beloved Speaker of 
    the House has departed this life.
        The Clerk of the House, in conformity with the rules, has 
    called the House to order for the purpose of electing a Speaker. 
    The roll will be called to ascertain whether a quorum is present.
        The Clerk will call the roll. . . .
        The Clerk. Four hundred and eleven Members having answered to 
    their names, a quorum is 
    present.                          -------------------

                              ELECTION OF SPEAKER

        The Clerk. Nominations for Speaker of the House of 
    Representatives are now in order. . . .
        The Clerk. The tellers agree in their tally. The total number 
    of votes cast was 414, of which the Honorable John W. McCormack 
    received 248, and the Honorable Charles A. Halleck received 166. 
    Two voted ``present.'' Therefore, the Honorable John W. McCormack 
    of Massachusetts is the duly elected Speaker of the House of 
    Representatives for the 87th Congress.
        The Clerk appoints the following Members to escort the Speaker-
    elect to the Chair: The gentleman from Indiana [Mr. Halleck] and 
    the gentleman from Oklahoma [Mr. Albert].
        (The Doorkeeper announced the Speaker-elect of the House of 
    Representatives, who was escorted to the Chair by the committee of 
    escort.)

Death of Member

Sec. 2.5 The former tradition of the House was to postpone scheduled 
    business and immediately adjourn out of respect upon the death of 
    one of its Members. The more recent practice is that the House 
    considers a resolution of sympathy sometime during the legislative 
    day that provides in part that ``when the House adjourns today, it 
    adjourn as a further mark of respect to the memory of the 
    deceased'' and continues with further business.(1)
---------------------------------------------------------------------------
 1. See also Ch. 36, supra, for memorial services for former Members.
---------------------------------------------------------------------------

    On Oct. 1, 2002,(2) the following resolution was offered 
by Rep. Neil Abercrombie, of Hawaii. Following its adoption, the House 
proceeded onto other business, including motions to suspend the rules 
and later adjourned in memory of the deceased.(3)
---------------------------------------------------------------------------
 2. 148 Cong. Rec. 18777, 107th Cong. 2d Sess.
 3. Id. at p. 18815.
---------------------------------------------------------------------------

                                H. Res. 566

        Resolved, That the House has heard with profound sorrow of the 
    death of the Honorable Patsy T. Mink, a Representative from the 
    State of Hawaii.
        Resolved, That a committee of such Members of the House as the 
    Speaker may designate, together with such Members of the Senate as 
    may be joined, be appointed to attend the funeral.
        Resolved, That the Sergeant at Arms of the House be authorized 
    and directed to take such steps as may be

[[Page 576]]

    necessary for carrying out the provisions of these resolutions and 
    that the necessary expenses in connection therewith be paid out of 
    applicable accounts of the House.
        Resolved, That the Clerk communicate these resolutions to the 
    Senate and transmit a copy thereof to the family of the deceased.
        Resolved, That when the House adjourns today, it adjourn as a 
    further mark of respect to the memory of the deceased.

Sec. 2.6 The former tradition of the House was to postpone scheduled 
    business and immediately adjourn out of respect upon the death of 
    one of its sitting Members.

    On June 23, 1969,(1) Mr. H. R. Gross, of Iowa, obtained 
unanimous consent to transfer a special order (in view of an 
anticipated early adjournment out of respect for the late Mr. William 
H. Bates, of Massachusetts).
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 16795, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. GROSS. Mr. Speaker, I ask unanimous consent that the 
    special order I have for this afternoon be transferred to tomorrow.
        The SPEAKER.(2) Without objection, it is so ordered.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        There was no objection.

    Immediately after consent to Mr. Gross' request, certain Senate 
bills and joint and concurrent resolutions were referred. The death of 
Mr. Bates was then announced and the remainder of the day's session was 
devoted to eulogies, concluding with a resolution (H. Res. 450) of 
sympathy offered by Mr. Silvio O. Conte, of Massachusetts. The final 
resolving clause called for the House to adjourn as a further mark of 
respect.(3)
---------------------------------------------------------------------------
 3. 115 Cong. Rec. 16801, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 2.7 The House was not in session on a Wednesday of a legislative 
    week to allow Members to attend funeral services for a deceased 
    colleague.

    Rep. George E. Brown, of California, died on July 15, 1999. On July 
22, 1999,(1) Rep. Pete Sessions, of Texas, made the 
following announcement with regard to Wednesday, July 28, 1999, during 
remarks on the legislative schedule for the following week:
---------------------------------------------------------------------------
 1. 145 Cong. Rec. 17312, 106th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. SESSIONS. . . . [I]t is my understanding the House will be 
    in pro forma session and that no votes will be held in 
    accommodation of Republican and Democrat Members who wish to attend 
    services for our colleague, George Brown.

    Parliamentarian's Note: The House was not in session on Wednesday, 
July 28, 1999.

Sec. 2.8 By unanimous consent, the vote on final passage of a

[[Page 577]]

    bill in the House was postponed until a later time on that day, due 
    to the absence of a funeral committee that was attending the 
    services for a deceased colleague.

    On Aug. 12, 1970,(1) the Committee of the Whole rose and 
the Chairman reported a bill (H.R. 17570) back to the House. The bill 
was ordered to be engrossed and read a third time, and Speaker pro 
tempore Carl Albert, of Oklahoma, put the question on the passage of 
the bill:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 28510, 28511, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER pro tempore. The question is on passage of the 
    bill.
        The question was taken, and the Speaker pro tempore announced 
    that the ``ayes'' appeared to have it.
        Mr. [William L.] SPRINGER [of Illinois]. Mr. Speaker, I object 
    to the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        I ask unanimous consent in view of the fact that there are 
    Members attending the funeral of our deceased colleague, Mr. G. 
    Robert Watkins, that the vote be taken on this measure at a time 
    not earlier than 4 o'clock.
        The SPEAKER pro tempore. Does the gentleman withdraw his point 
    of order?
        Mr. SPRINGER. Mr. Speaker, I withdraw the point of order.
        The SPEAKER pro tempore. Is there objection to the request of 
    the gentleman from Illinois?
        There was no objection.
        The SPEAKER pro tempore. The vote will be put over until not 
    sooner than 4 o'clock.

    Parliamentarian's Note: In accordance with a provision of House 
Resolution 1183, a resolution of sympathy was adopted on Aug. 10, 
1970.(2) Pursuant to the announcement of the death of Mr. G. 
Robert Watkins, of Pennsylvania, the Speaker pro tempore appointed a 
committee to attend the funeral of the late Member. This committee 
consisted of: (1) the senior Member of the Pennsylvania delegation; (2) 
the Majority and Minority Leaders and Minority Whip; (3) the remainder 
of the Pennsylvania delegation in order of seniority, and (4) other 
Members who desired to attend, in order of seniority.
---------------------------------------------------------------------------
 2. 116 Cong. Rec. 28100, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

    [The absence of these Members who were attending the funeral at the 
time the vote was called on H.R. 17570, accounted for the absence of a 
quorum.]
    Thus, Mr. Springer continued, after noting the absence of a quorum, 
to propose that by unanimous consent the vote be postponed.

Sec. 2.9 The House by unanimous consent may authorize a

[[Page 578]]

    Member to act as first sponsor of a bill for the purposes of adding 
    co-sponsors and requesting reprints pursuant to Rule XII clause 
    7(1) where the actual first sponsor has died.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 825 (2007).
---------------------------------------------------------------------------

    Rep. Bruce Vento, of Minnesota, died on Oct. 10, 2000. Rep. Vento 
was the prime sponsor of H.R. 1239. On Oct. 24, 2000,(2) the 
following unanimous consent agreement was entered into on the floor:
---------------------------------------------------------------------------
 2. 146 Cong. Rec. 23953, 106th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Ed] MARKEY [of Massachusetts]. Mr. Speaker, I ask 
    unanimous consent that I may hereafter be considered as the primary 
    sponsor of H.R. 1239, a bill originally introduced by 
    Representative Bruce Vento of Minnesota, for the purpose of adding 
    cosponsors and requesting reprintings under clause 7 of rule XII.
        The SPEAKER pro tempore.(3) Is there objection to 
    the request of the gentleman from Massachusetts?
---------------------------------------------------------------------------
 3. Ed Pease (IN).
---------------------------------------------------------------------------

        There was no objection.

Sec. 2.10 Where a Member signed a discharge motion and subsequently 
    died, his successor obtained unanimous consent that his 
    predecessor's name be removed so that he might sign it.

    On Jan. 16, 1950,(1) Mr. John F. Shelley, of California, 
was recognized for a unanimous-consent request.
---------------------------------------------------------------------------
 1. 96 Cong. Rec. 436, 81st Cong. 2d Sess. See also Ch. 18, Sec. 1.5, 
        supra.
---------------------------------------------------------------------------

        Mr. SHELLEY. Mr. Speaker, my predecessor, the Honorable Richard 
    J. Welch, signed Discharge Petition No. 15. I desire to have my 
    name entered on this petition. I ask unanimous consent that his 
    name be taken off the petition so that I may sign it.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from California?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        There was no objection.

Sec. 2.11 Bills become the property of the House when introduced and 
    the House may act on a bill following the death of the Member that 
    introduced it.

    On June 24, 1964,(1) H.R. 7307, to amend the Internal 
Revenue Codes, was reported,(2) and on June 29, 
1964,(3) the bill was agreed to. The proceedings were as 
follows:
---------------------------------------------------------------------------
 1. 110 Cong. Rec. 14958, 88th Cong. 2d Sess.
 2. H. Rept. No. 88	1516.
 3. 110 Cong. Rec. 15276, 15277, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wilbur D.] MILLS [of Arkansas]. Mr. Speaker, I ask 
    unanimous consent for the immediate consideration of the bill (H.R. 
    7307) to amend

[[Page 579]]

    the Internal Revenue codes of 1939 and 1954. . . .
        The Clerk read the title of the bill.
        The SPEAKER pro tempore.(4) Is there objection to 
    the request of the gentleman from Arkansas [Mr. Mills]? . . .
---------------------------------------------------------------------------
 4. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. MILLS. Mr. Speaker, I think it is appropriate to point out 
    at this time that this is a bill which was sponsored by and 
    considered in the committee during the lifetime of our 
    distinguished late colleague, Hon. Howard Baker, and also in which 
    there was a great deal of interest expressed by another former late 
    colleague on the committee, the gentleman from Pennsylvania, Hon. 
    William Green. Mr. Baker's name is still carried on the bill as the 
    author of the bill. . . .

    Parliamentarian's Note: Bills become the property of the House when 
introduced and the death of the sponsoring Member after introduction 
does not preclude subsequent action thereon. Thus, on one occasion, a 
bill was reported in the name of a Member who had been killed in an 
accident a few days earlier.(5) On another occasion, the 
House has also concurred in the Senate amendment to a bill that was 
introduced by a Member who had died earlier that year.(6)
---------------------------------------------------------------------------
 5. See 111 Cong. Rec. 15698, 89th Cong. 1st Sess., July 6, 1965, where 
        a bill (S. 956) was referred to the Committee of the Whole 
        House on the state of the Union by Rep. T. Ashton Thompson (LA) 
        who had been killed in an automobile accident on July 1, 1965.
 6. See 144 Cong. Rec. 26456-58, Oct. 15, 1998, where the House 
        concurred in the Senate amendment to H.R. 700 that was 
        introduced by Rep. Sonny Bono (CA) who died on Jan. 5, 1998.
---------------------------------------------------------------------------

Death of Member-elect

Sec. 2.12 When a Member-elect dies before the House convenes, his name 
    is included on the roll call by states to establish a quorum, but 
    is deleted from subsequent calls after the House is officially 
    informed of his death.

    On Jan. 4, 2005,(1) at the beginning of the 109th 
Congress, the Clerk of the 108th Congress called the House to order. 
Following the opening prayer, he caused the roll to be called by 
states, the Members-elect responding, in order to establish a quorum. 
Member-elect Robert T. Matsui, of California, had died on Jan. 1, 2005. 
His name was included on the roll of Members-elect for the quorum call 
because his certificate of election was on file with the Clerk. 
Following the quorum call, the Clerk

[[Page 580]]

announced the vacancy and Member-elect Matsui's name was removed from 
the rolls.
---------------------------------------------------------------------------
 1. 151 Cong. Rec. 36-39, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

    On Jan. 3, 2001,(2) at the beginning of the 107th 
Congress, the Clerk of the 106th Congress presided over the 
organization of the House. Member-elect Julian C. Dixon, of California, 
had died on Dec. 8, 2000, and the House adopted a resolution expressing 
sorrow over his death on that day while in ``lame-duck'' session of the 
106th Congress. His certificate of election had been received and his 
name was included on the roll of Members-elect. After the quorum call, 
the Clerk announced the vacancy and Member-elect Dixon's name was 
removed from the rolls.
---------------------------------------------------------------------------
 2. 147 Cong. Rec. 19, 20, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

Death of an Officer

Sec. 2.13 In the case of a vacancy among the elected officers of the 
    House, the Speaker is authorized by Sec. 208 of the Legislative 
    Reorganization Act of 1946 (2 USC Sec. 75a-1) to appoint a person 
    ``to act as, and to exercise temporarily the duties of'' the vacant 
    office until a successor is elected.

    Parliamentarian's Note: 2 USC Sec. 75a-1 was enacted in response to 
the death of the Sergeant at Arms of the House, William F. Russell on 
July 8, 1953.(1) This statutory authority has not yet been 
used to fill a vacancy following the death of an officer.
---------------------------------------------------------------------------
 1. See Sec. 2.14, infra.
---------------------------------------------------------------------------

Death of Sergeant at Arms

Sec. 2.14 The Sergeant at Arms of the House, William F. Russell, having 
    died, the House by resolution elected the Clerk of the House, Lyle 
    O. Snader, to serve temporarily and concurrently as Sergeant at 
    Arms, without additional compensation, until another person should 
    be elected and qualify as Sergeant at Arms. A joint resolution was 
    also adopted and enacted into law to permit the Clerk of the House 
    to serve concurrently as Sergeant at Arms and providing that his 
    salary as Clerk of the House should be in full discharge for his 
    services to the House during such concurrent service.

    On July 8, 1953,(1) a resolution was adopted by the 
House on the death of its Sergeant at Arms,

[[Page 581]]

electing the Clerk of the House as Sergeant at Arms of the House, 
without additional compensation until another person could be chosen 
and qualify. The proceedings were as follows:
---------------------------------------------------------------------------
 1. 99 Cong. Rec. 8242, 83d Cong. 1st Sess. For further discussion, see 
        Ch. 6, supra.
---------------------------------------------------------------------------

        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, I offer a 
    joint resolution (H. J. Res. 292) and ask for its immediate 
    consideration.
        The Clerk read as follows:

            Resolved, That Lyle O. Snader, of the State of Illinois, 
        be, and he is hereby, authorized, notwithstanding the 
        provisions of any other law, to serve concurrently as Clerk and 
        Sergeant at Arms of the House of Representatives until another 
        person is chosen by the House of Representatives to be and duly 
        qualifies as Sergeant at Arms; and while the said Lyle O. 
        Snader is so serving the compensation received by him as Clerk 
        of the House of Representatives shall be in full discharge for 
        any services rendered by him to the House of Representatives 
        during such period of concurrent service.

        The joint resolution was ordered to be engrossed and read a 
    third time, was read the third time, and passed, and a motion to 
    reconsider was laid on the table.
        The SPEAKER.(2) Mr. Snader will present himself at 
    the bar of the House to take the oath of office.
---------------------------------------------------------------------------
 2. Joseph W. Martin, Jr. (MA).
---------------------------------------------------------------------------

        Mr. Snader appeared at the bar of the House and took the oath 
    of office.

    Parliamentarian's Note: House Joint Resolution 292, enacted into 
law as Public Law No. 83-106, was passed to resolve conflicting 
opinions about whether one person could occupy two elective offices of 
the House at the same time and the necessity to pay dual compensation, 
which, if paid or required to be paid, might have made it illegal for 
one person to occupy two offices under Federal dual compensation laws.

Presumptive Death of Member

Sec. 2.15 At the inception of the 93d Congress, the Clerk reported to 
    the House an action he had taken pursuant to the Speaker's 
    instructions regarding the presumptive deaths of two Members-elect.

    On Jan. 3, 1973,(1) prior to the election of a Speaker, 
the Clerk of the House, W. Pat Jennings, made the following 
announcement explaining action taken with regard to the presumptive 
deaths on Oct. 16, 1972, of Members-elect Nick Begich, of Alaska, and 
Hale Boggs, of Louisiana, the Majority Leader in the 92d Congress:
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 12, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk. . . .
        On December 20, 1972, the Speaker directed a letter to the 
    Clerk of the House which the Clerk will read.

                                                 Washington, D.C.,

                                                December 20, 1972.


[[Page 582]]


                                               Hon. W. Pat Jennings,
                                    Clerk, House of Representatives,
                                                     Washington D.C.

        Dear Mr. Jennings: When the 93rd Congress convenes on January 
    3, 1973, the House will be confronted with a situation which is 
    unprecedented in our history. I refer, of course, to the 
    probability that the Representatives-elect from the Second 
    Congressional District of Louisiana and from the at-large seat in 
    Alaska will not appear to take the oath of office at noon on that 
    day.
        While it is common knowledge that Representatives-elect Hale 
    Boggs and Nick Begich, together with Russell L. Brown and Don Jonz 
    of the State of Alaska, departed by plane from Anchorage, Alaska, 
    on October 16, 1972 on a flight bound for Juneau, Alaska, and have 
    been missing since that date, any action which the House might take 
    to declare their seats vacant, or otherwise pertaining to their 
    status as Representatives-elect, should, I believe, be based upon 
    the most reliable and official documentary evidence available as of 
    January 3, 1973.
        I therefore request that you obtain, for transmittal to the 
    House when it convenes on January 3, 1973, certified copies of any 
    judicial determination and other relevant information then 
    available with respect to the status of the persons in question. 
    Such documentary evidence will then enable the House to more 
    properly discharge its constitutional responsibility in this 
    matter.

            Sincerely,
                                                      Carl Albert.

        The Clerk. Pursuant to the Speaker's instructions the Clerk has 
    forwarded to the Speaker a certified copy of the certificate of 
    presumptive death of the Honorable Nick Begich, of Alaska.
        Also contained in the certified information which the Clerk has 
    forwarded to the Speaker is documentary evidence that the Honorable 
    Hale Boggs, a Representative-elect from the State of Louisiana, was 
    a passenger on a flight from Anchorage, Alaska, to Juneau, Alaska, 
    on October 16, 1972.

Sec. 2.16 At the inception of the 93d Congress, the Speaker laid before 
    the House communications from the Clerk, transmitting documentary 
    evidence of the presumptive death of a Member-elect and the 
    declaration of a vacancy by the Governor; and transmitting 
    documentary evidence indicating that the status of another missing 
    Member-elect had not been officially determined by any state 
    authority.

    On Jan. 3, 1973,(1) Speaker Carl Albert, of Oklahoma, 
laid before the House the following communication from the Clerk of the 
House of Representatives:

 1. 119 Cong. Rec. 15, 93d Cong. 1st Sess.

                                                 Washington, D.C.,
                                                  January 2, 1973.

                                                   Hon. Carl Albert,

[[Page 583]]

                                                        The Speaker,
                                     U. S. House of Representatives.

        Dear Mr. Speaker: This is in further reply to your letter of 
    December 20, 1972, wherein you requested transmittal to the House 
    of Representatives when it convenes on January 3, 1973, certified 
    copies of any ``judicial determinations and any other relevant 
    information available'' with respect to the status of 
    Representative-elect Nick Begich from the at-Large seat of Alaska 
    and Representative-elect Hale Boggs from the Second Congressional 
    District of Louisiana.
        Attached herewith is a certified copy of the Certificate of 
    Presumptive Death, the Presumptive Death Jury Verdict, and Order 
    signed by Alaska District Court Judge Dorothy D. Tyner on December 
    29, 1972, for the Honorable Nick Begich, at-Large Representative 
    for Alaska, who was one of three passengers in an airplane that 
    departed from Anchorage on a flight bound for Juneau, Alaska on 
    October 16, 1972, and disappeared, together with Judge Tyner's 
    covering letter of December 29, 1972, that was received this date. 
    I have also received this date from the Alaska District Court a 
    certified copy of the transcript of the Presumptive Death Hearing 
    concerning the airplane's October 16, 1972, disappearance with its 
    pilot and passengers, together with 45 color slides depicting the 
    search areas which were shown to the hearing jury. Your attention 
    is respectfully invited to pages 19, 20, 21, 26, 37, 50, 103 and 
    106 of the hearing transcript that discuss the presence of the 
    Honorable Hale Boggs as a passenger on the October 16, 1972, 
    Anchorage to Juneau flight that disappeared. Additionally, I 
    received the attached telegram this date from the Honorable William 
    A. Egan, Governor of Alaska, conforming that on December 29, 1972, 
    the day the Order that presumed death of the Honorable Nick Begich 
    was signed by Judge Tyner, Governor Egan declared Alaska's only at-
    Large House seat vacant. It has been announced that Governor Egan 
    also ordered a special election for March 6, 1973, to fill said 
    vacancy.
        Also attached herewith is a Certification executed by the 
    Governor of Louisiana on December 21, 1972, and attested to by the 
    Secretary of the State of Louisiana that contains a certified 
    opinion of the Attorney General of Louisiana that no action has 
    been taken by the Governor and that no action is before the courts 
    of Louisiana that would in any way change the status of the 
    Honorable Hale Boggs or modify the Election Proclamation for the 
    General Election held in Louisiana on November 7, 1972, that was 
    signed and issued by the Governor and countersigned by the 
    Secretary of State under the seal of the State of Louisiana on 
    December 11, 1972, certifying that the Honorable Hale Boggs was 
    elected as Representative for the Second Congressional District of 
    Louisiana and transmitted to the Clerk of the House in the 
    Secretary of State's letter of December 12, 1972. I have this date 
    received the attached telegram from the Secretary of State of 
    Louisiana, advising that the situation in Louisiana has not changed 
    the December 21, 1972, Certification of the Governor of Louisiana. 
    Based on said Louisiana's Congressional Election Proclamation, the 
    Honorable Hale Boggs has been enrolled by the Clerk

[[Page 584]]

    of the House as the Representative-elect from the Second 
    Congressional District of Louisiana on the roll of Representatives-
    elect for the Ninety-Third Congress.
        In the event the Clerk of the House receives or learns of any 
    additional information prior to the convening of the Ninety-Third 
    Congress, such information will be transmitted to the House of 
    Representatives promptly.
        In accordance with your previous oral directions, I have 
    prepared draft resolutions related to this matter and have 
    separately transmitted them to the Parliamentarian of the House of 
    Representatives.
        With kindest regards, I am

            Sincerely,
                                                  W. Pat Jennings,
                             Clerk, U.S. House of Representatives.



                                               State of Louisiana,

                                                      Baton Rouge.

                             To the U.S. House of Representatives,

        I, Edwin W. Edwards, Governor of Louisiana, do hereby certify 
    to the United States House of Representatives that the Governor of 
    Louisiana has not taken any action nor, according to the certified 
    opinion of William J. Guste, Jr., Attorney General of the State of 
    Louisiana, said certification being attached and made a part 
    hereof, are there any actions before the Courts of Louisiana, nor 
    has any other action been taken that would in any way change the 
    status of the Honorable Hale Boggs or modify the election 
    proclamation for the General Election held in Louisiana on November 
    7, 1972 that was certified, signed and issued by the Governor and 
    the Secretary of State over the seal of the State of Louisiana on 
    December 11, 1972 for the Second Congressional District of 
    Louisiana, and transmitted to the Clerk of the United States House 
    of Representatives in the Secretary of State's letter of December 
    12, 1972.

            Sincerely,
                                                    Edwin Edwards,
                                                      Governor of 
           Louisiana.                          -------------------

                 COMMUNICATION FROM THE CLERK OF THE HOUSE

        The SPEAKER laid before the House the following communication 
    from the Clerk of the House of Representatives:

                                                 Washington, D.C.,
                                                  January 2, 1973.

                                                   Hon. Carl Albert,
                                                        The Speaker,
                                      U.S. House of Representatives.

        Dear Mr. Speaker: This is an additional response to your letter 
    of December 20, 1972, wherein you requested transmittal to the 
    House of Representatives when it convenes on January 3, 1973, 
    certified copies of any ``judicial determinations and any other 
    relevant information available'' with respect to the status of 
    Representative-Elect Nick Begich, from the at-large seat of Alaska 
    and Representative-Elect Hale Boggs from the Second Congressional 
    District of Louisiana.
        I have this evening received from the Secretary of Defense the 
    attached letter describing the air and sea rescue search efforts 
    conducted by his department for the ``aircraft which carried the 
    Honorable Hale Boggs as a passenger . . . missing on a scheduled 
    flight from Anchorage, Alaska to Juneau, Alaska since the sixteenth 
    day of

[[Page 585]]

    October 1972.'' The Secretary of Defense ``determined that further 
    search would be of no avail [and] . . . informed the Commander-in-
    Chief Alaska Command to suspend further active search.''
        In the event the Clerk of the House receives or learns of any 
    additional information prior to the convening of the Ninety-Third 
    Congress, such information will be transmitted to the House of 
    Representatives promptly.
        With kindest regards, I am,

            Sincerely,
                                                  W. Pat Jennings,

                                  Clerk, House of Representatives.

Sec. 2.17 On the day of its convening for the 93d Congress, the House 
    agreed to a privileged resolution, offered by the Chairman of the 
    Democratic Caucus at the direction of the Caucus declaring vacant 
    the seat of a Member-elect (the Majority Leader of the 92d 
    Congress), based upon the ascertainment of the Clerk that he had 
    been aboard a missing aircraft with another Member-elect whose 
    presumptive death had been certified and whose seat had been 
    declared vacant by state authority.

    On Jan. 3, 1973,(1) Mr. Olin E. Teague, of Texas, was 
recognized to offer House Resolution 1, which the Clerk read, as 
follows:
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 15, 16, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

                                   H. Res. 1

        Whereas a certificate of election has been received by the 
    Clerk of this House showing the election of Hale Boggs as a 
    Representative in the Ninety-third Congress from the Second 
    Congressional District in the State of Louisiana; and
        Whereas Representative-elect Hale Boggs has not appeared to 
    take the oath of office as a Member of this House; and
        Whereas the Clerk of the House of Representatives, acting at 
    the direction of the Speaker of this House for the Ninety-second 
    Congress, has ascertained that Representative Nick Begich and Hale 
    Boggs, Members of the Ninety-second Congress, together with Russell 
    L. Brown and Don E. Jonz of the State of Alaska, all of whom 
    departed together by plane from Anchorage, Alaska, on October 16, 
    1972, on a flight bound for Juneau, Alaska, have been missing since 
    that date and despite repeated and thorough searches have not been 
    located; and
        Whereas the District Court for the State of Alaska, Third 
    Judicial District, after hearing witnesses and studying all 
    available evidence relative to the disappearance of Representative 
    Begich, Russell L. Brown and Don E. Jonz, has determined that these 
    three men cannot be found alive after such a lapse of time and are 
    presumed dead; and
        Whereas as a result of the findings of the jury in the 
    aforementioned judicial proceeding the judge of the said

[[Page 586]]

    court has signed certificates of presumptive death with respect to 
    Representative Begich, Russell L. Brown and Don E. Jonz; and
        Whereas no evidence has been presented to this House or is 
    known to it which distinguishes the missing status of 
    Representative-elect Hale Boggs from that of the three men for whom 
    the aforementioned certificates of presumptive death have been 
    issued; Therefore be it
        Resolved, That based on information provided by its Clerk, this 
    House of Representatives hereby determines that there is a vacancy 
    in the Ninety-third Congress in the representation from the Second 
    Congressional District in the State of Louisiana because of the 
    absence of Representative-elect Hale Boggs.
        Resolved, That the Speaker of the House is hereby directed to 
    notify the Governor of the State of Louisiana of the existence of 
    this vacancy so that appropriate measures to fill this vacancy may 
    be undertaken by the Governor pursuant to Article I, Section 2 of 
    the Constitution of the United States. . . .
        The resolution was agreed to.

    Parliamentarian's Note: The House may declare the seat of a Member-
elect vacant where a Member-elect is not able to take the oath or 
resign due to an incapacitating illness. Gladys Noon Spellman, of 
Maryland, was elected to the 97th Congress. At the convening of that 
Congress, Member-elect Spellman was in a coma and unable to take the 
oath or resign. During the debate on the resolution declaring her seat 
vacant, the Majority Leader(2) inserted into the 
Congressional Record a letter from the Attending Physician indicating 
his opinion that she was unable to serve out her term of 
office.(3) The House adopted by voice vote a resolution 
declaring the seat vacant on Feb. 24, 1981.(4) Ms. Spellman 
died June 19, 1988.
---------------------------------------------------------------------------
 2. James C. Wright, Jr. (TX).
 3. 127 Cong. Rec. 2917, 97th Cong. 1st Sess., Feb. 24, 1981.
 4. See Id. at pp. 2916, 2917 (H. Res. 80).
---------------------------------------------------------------------------