[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 7.  The Members]
[B. Compensation and Allowances]
[Â§ 5. Leaves of Absence]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 710-716]
 
                               CHAPTER 7
 
                              The Members
 
                     B. COMPENSATION AND ALLOWANCES
 
Sec. 5. Leaves of Absence

    While the House is in session, every Member must be present, unless 
excused or necessarily prevented from attendance.(4) There 
are two types of authorized absences, excused absences and leaves of 
absence. The former are temporary in nature and are granted during the 
call of the roll. This section discusses leaves of absence granted by 
the House, which are more permanent in nature, lasting at least one 
day's leave.
---------------------------------------------------------------------------
 4. Rule VIII clause 1, House Rules and Manual Sec. 656 (1973).
---------------------------------------------------------------------------

    A request for leave of absence for a Member is usually presented by 
another Member following the legislative program for the 
day.(5) Although requests for leaves may be presented orally 
from the floor, they are properly presented by filing with the Clerk 
the printed form which is made available at

[[Page 711]]

the desk of the Sergeant at Arms.(6) The requests are 
normally granted by unanimous consent, although they may be 
refused.(7) Requests for leaves of absence may be challenged 
as not being on official business, although in current practice Members 
do not challenge the good faith of others in asking 
leave.(8)
---------------------------------------------------------------------------
 5. See 4 Hinds' Precedents Sec. 3151.
 6. See 6 Cannon's Precedents Sec. 199.
 7. See 2 Hinds' Precedents Sec. Sec. 1142-1145.
 8. See Sec. Sec. 5.5, 5.6, infra.
---------------------------------------------------------------------------

    As shown in the excerpt from the Record below, the reason for a 
leave of absence may be simply stated as ``official business'' or may 
be specified, as in the case of illness in the Member's family: 
(9)
---------------------------------------------------------------------------
 9. 116 Cong. Rec. 36769, 91st Cong. 2d Sess., Oct. 14, 1970.
---------------------------------------------------------------------------

        By unanimous consent, leave of absence was granted to:
        Mr. Thompson of New Jersey (at the request of Mr. O'Hara) on 
    account of family illness.

        Mr. Blanton (at the request of Mr. Jones of Tennessee), for 
    today, on account of official business.
        Mr. Lowenstein (at the request of Mr. Albert), for today, on 
    account of official business.
        Mr. Price of Texas (at the request of Mr. Arends), on account 
    of emergency appendectomy.
        Mr. Baring (at the request of Mr. Burton of California), for 
    today, on account of official business

    The statutes authorize the Sergeant at Arms to levy pro rata 
deductions on the salaries of Members or Delegates absent for other 
than their sickness or the sickness of family members.(10) 
In addition, the Sergeant at Arms may deduct an amount equal to 
allowable mileage from congressional salary, where the Member withdraws 
from his seat and does not return before the adjournment of Congress 
without obtaining leave.(11) Not since 1914, however, have 
those provisions been enforced.(12) Due to the number of 
Members, and to the proliferation of their official duties in Congress, 
committee field work, and in their home states, enforcement is no 
longer feasible
---------------------------------------------------------------------------
10. 2 USC Sec. 39, which has been construed as a congressional 
        recognition that the money in the hands of the Sergeant at Arms 
        is under his official control. Crain v U.S., 25 Ct. Cl. 204 
        (1890).
11. 2 USC Sec. 40.
12. See Sec. 5.1, infra.
---------------------------------------------------------------------------

                            Cross References
Administration of oath to absentees, see Ch. 2, supra.
Salary deduction for unauthorized leave, Sec. 4, supra.
Application of constitutional immunities while absent, Sec. Sec. 15-18, 
    infra.
Compelling attendance of Members upon the House, Ch. 20, infra.

[[Page 712]]

                          -------------------Salary Deductions for 
    Unauthorized Absence

Sec. 5.1 Since 1914, no deductions have been taken from Members' 
    salaries for unauthorized leaves of absence.

    The last docking of pay for unauthorized absences was accomplished 
by resolution on Aug. 25, 1914.(13)
---------------------------------------------------------------------------
13. 6 Cannon's Precedents Sec. 198.
---------------------------------------------------------------------------

Statement of Voting Position

Sec. 5.2 After a Member has taken a leave of absence, he may by 
    unanimous consent insert in the Record a statement on how he would 
    have voted on matters considered during his absence.

    On Dec. 21, 1970,(14) Mr. Harold R. Collier, of 
Illinois, was granted unanimous consent to insert in the Record the 
statement of the manner in which he would have voted during his leave 
of absence of the prior week, had he been present in the House. Mr. 
Collier then listed in the Record the roll calls that were voted on the 
prior week, the subject of each roll call, and the vote he would have 
made thereon.
---------------------------------------------------------------------------
14. 116 Cong. Rec. 43136, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

Leave for Military Service

Sec. 5.3 At the beginning of World War II, the House granted leaves of 
    absence to Members for training and service in the Armed Forces of 
    the United States.

    On June 10, 1941,(15) the House granted a leave of 
absence to a Member for three weeks, in order to attend military 
training as a lieutenant colonel in the Officers Reserve Corps:
---------------------------------------------------------------------------
15. 87 Cong. Rec. 4991, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

                                Leave of Absence

            By unanimous consent, leave of absence was granted to Mr. 
        Scrugham, for 3 weeks, on account of military training, Army 
        antiaircraft artillery school.

    On Oct. 23, 1941,(16) the House granted indefinite 
leaves of absence to a Member for duty as a military officer:
---------------------------------------------------------------------------
16. 87 Cong. Rec. 8210, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Speaker, our 
    colleague from Virginia, Hon. Dave E. Satterfield, Jr., has long 
    been a member of the Naval Reserve, and has been ordered to 
    temporary duty. I ask unanimous consent that he be granted leave of 
    absence indefinitely.
        The Speaker: (17) Is there objection to the request 
    of the gentleman from Virginia?
---------------------------------------------------------------------------
17. Sam Rayburn (Tex.).

---------------------------------------------------------------------------

[[Page 713]]

        There was no objection.

    Similar leaves of absence were granted on May 8, 
1942.(18)
---------------------------------------------------------------------------
18. 88 Cong. Rec. 4028, 77th Cong. 2d Sess.
            A number of other Members took leaves for military service. 
        See H. Rept. No. 2037, accompanying H. Res. 512, 79th Cong. 2d 
        Sess.
---------------------------------------------------------------------------

Sec. 5.4 During World War II, Members absent from the House for 
    military service returned to their congressional duties after the 
    War and Navy Departments stated their opposition and after those 
    Members ceased receiving congressional salary.

    Immediately prior to and during the first months of World War II, 
various Members took leaves of absence in order to serve in the 
military.(19) On June 1, 1942, however, there were inserted 
in the Congressional Record letters from the Secretary of War and 
Secretary of the Navy opposing the enlistment or commissioning of 
Members since they could render greater service by continuing to 
represent their constituents.(20) And in accordance with an 
opinion given him by the Comptroller General, the Sergeant at Arms of 
the House ceased paying congressional salary to those Members absent on 
military service.(1)
---------------------------------------------------------------------------
19. See Sec. 5.3, supra.
20. 88 Cong. Rec. A-2015, 77th Cong. 2d Sess.
 1. See H. Rept. No. 2037, accompanying H. Res. 512, 79th Cong. 2d 
        Sess.
---------------------------------------------------------------------------

    Most of those Members then resigned from the military and returned 
to attendance in the House.(2)
---------------------------------------------------------------------------
 2. See Sec. 14, infra, for more complete details on the military 
        service of Members.
---------------------------------------------------------------------------

Challenging Requests for Leave

Sec. 5.5 The good faith of a Member in requesting a leave of absence is 
    not customarily questioned by other Members of the House.

    On Sept. 29, 1967,(3) when Mr. Charles A. Vanik, of 
Ohio, arose to reserve the right to object to requests presented for 
leaves of absence, the House Minority Leader, Gerald R. Ford, of 
Michigan, commented as follows on the reservation of objection:
---------------------------------------------------------------------------
 3. 113 Cong. Rec. 27314, 27315, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Gerald R. Ford: Mr. Speaker, I did not hear the full 
    observation or comment of the gentleman from Ohio, but I would only 
    say this: To my knowledge, in my 19 years here, I have never heard 
    anybody on either side of the aisle challenge the good faith of a 
    Member who was seeking leave of absence on account of official 
    business.

[[Page 714]]

    Mr. Vanik withdrew his reservation of objection.

Sec. 5.6 On one occasion a Member, proceeding under a reservation of 
    objection to a request for leaves of absence for certain Members on 
    ``official business,'' questioned whether their business was, in 
    fact, ``official'' and then withdrew his reservation.

    On Sept. 29, 1967,(4) there were laid before the House 
requests of five Members for leaves on official business. Debate on the 
requests proceeded under a reservation of the right to object:
---------------------------------------------------------------------------
 4. 113 Cong. Rec. 27314, 27315, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles A.] Vanik [of Ohio]: Mr. Speaker, reserving the 
    right to object, I would like to raise an issue, that two of the 
    gentlemen that asked for official leave, to be absent from sessions 
    from tbe House of Representatives, are among those who have been 
    urging the Speaker to have sessions through Saturday, and to start 
    sessions at 11 o'clock in the morning. I would like to know if this 
    really is official business these two gentlemen are engaged upon, 
    or is it some other kind of mission? . . .
        . . . I was wondering if the distinguished minority leader 
    might be able to clear up the question I raised about these 
    gentlemen, who are among those who are very much responsible for 
    our being here on a bill which we could have finished yesterday. 
    They asked for sessions on Friday and Saturday, and they are not 
    here today, and now they have asked for official leave of absence. 
    I think this is a perfectly bona fide request, and I would like to 
    know, I would like to be assured they are truly involved in 
    something that relates to the business of the House of 
    Representatives.
        Mr. Gerald R. Ford: Mr. Speaker, let me repeat a little 
    differently what I said a moment ago: We have never challenged the 
    veracity of a Member who asked for a leave of absence or the basis 
    on which a Member asked for leave of absence based on the signature 
    of the leader. We do not intend to in the future. We have to do a 
    great deal of business in this Chamber based on faith and trust in 
    one another. I assume when a Member on this side of the aisle asks 
    for a leave of absence on account of official business, that it is 
    for a legitimate purpose. I do not know in this particular case the 
    precise details, but I would suggest the gentleman make his inquiry 
    to the Chair and not to me.
        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, will the gentleman 
    yield?
        Mr. Vanik: I yield to the gentleman from Ohio.
        Mr. Hays: Mr. Speaker, I think it would be fair to assume the 
    two gentlemen in question are on official business and that the 
    letter they sent was a little pleasant demagoguery which did not 
    add too much to anything.
        Mr. Vanik: Mr. Speaker, I will withdraw my opposition, but I 
    think the point has been made. I certainly appreciate the position 
    of the majority leader and the minority leader when they

[[Page 715]]

    submit these requests on behalf of Members. I think the 28 signers 
    of the letter complaining about slowness of business in the House 
    of Representatives have, in effect, questioned the actions of the 
    entire House of Representatives. I think, insofar as they have done 
    this, and tried to discipline the entire House, they themselves are 
    subject to question in their motives and in their own attendance 
    records in the House.
        Mr. Speaker, I withdraw my reservation of objection.
        The several personal requests were agreed to.

Absences Not on Official Business

Sec. 5.7 A leave of absence from a date certain to the end of the 
    session was granted a Member who listed as his reason a desire to 
    be with his family in Europe during the Christmas season.

    On Dec. 20, 1969,(5) the House granted a leave of 
absence by unanimous consent to Mr. Wayne N. Aspinall, of Colorado, 
from Dec. 22, 1969, until the end of the first session, to enable him 
to spend Christmas with his family in Europe.
---------------------------------------------------------------------------
 5. 115 Cong. Rec. 40491, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 5.8 When a Member was imprisoned for a criminal offense for a 
    four-month period during the term of Congress, he instructed the 
    Sergeant at Arms to return his salary to the Treasury during that 
    four-month period.

    On May 3, 1956, Mr. Thomas A. Lane, of Massachusetts, requested by 
letter the Sergeant at Arms of the House to return his congressional 
salary covering the period from May 7, 1956, to Sept. 7, 1956, to the 
Treasury of the United States. During that four-month period, Mr. Lane 
served a criminal sentence for income tax evasion.(6)
---------------------------------------------------------------------------
 6. See U.S. v Lane, United States District Court for Massachusetts, 
        Criminal No. 56-51-W.
---------------------------------------------------------------------------

Sec. 5.9 A Member was granted a leave of absence for maternity reasons.

    On Nov. 1, 1973, a leave of absence was granted to Mrs. Yvonne B. 
Burke, of California. The Record noted: (7)
---------------------------------------------------------------------------
 7. 119 Cong. Rec. 35653, 35662, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        By unanimous consent leave of absence was granted to:
        Mrs. Burke of California (at the request of Mr. Hawkins), on 
    account of maternity leave.

Sec. 5.10 The House granted a leave of absence to a Member, without 
    pay, at his request, while he conducted a

[[Page 716]]

    campaign for another political office.

    On Sept. 20, 1971,(8) a leave of absence was granted 
without pay:
---------------------------------------------------------------------------
 8. 117 Cong. Rec. 32430, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        . . . Mr. Edwards of Louisiana, effective September 8, without 
    pay, on account of the campaign for Governor of the State of 
    Louisiana.



