[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[B. Committee Chairmen, Members, and Employees]
[Â§ 8. In General; Electing Chairmen]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2624-2629]
 
                               CHAPTER 17
 
                               Committees
 
             B. COMMITTEE CHAIRMEN, MEMBERS, AND EMPLOYEES
 
Sec. 8. In General; Electing Chairmen


    The sections that follow discuss the manner in which the House 
elects chairmen of its committees.(17) Considerations 
involving the election of subcommittee chairmen are not reflected in 
the precedents, how ever. These are matters determined by the majority 
party of the particular Congress pursuant to that party's rules of 
organization.
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17. For a discussion of the role of party organizations in this 
        process, see Ch. 3, supra. For an in-depth treatment of how the 
        majority party of a given Congress chooses committee chairmen 
        nominees, see the rules of the Democratic Caucus and the 
        minutes of the Republican Conference.
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    For example, under the 1977 rules of the Democratic 
Caucus,(18), once the Caucus has approved that party's 
nominees to the standing committees (or other committees with 
legislative jurisdiction), the chairman of each is obliged to call a 
meeting of all the Democratic members of the committee, giving at least 
three days notice and prior to any organizational meeting of the full 
committee. Then, Democratic members of the committee have the right, in 
order of full committee seniority, or seniority on the subcommittee 
concerned, as the Democratic Caucus on the committee [i.e., all the 
Democratic members of the committee] may determine, to bid for 
subcommittee chairmanships.(19) The committee caucus then 
votes by secret ballot and the request must be supported by at least a 
majority of those present. If the committee caucus rejects a 
subcommittee chairmanship bid, the next senior Democratic member may 
bid for the position. An exception to this procedure occurs with 
respect to the subcommittees of the Committee on Appropriations--in 
which case it is required that the full Democratic Caucus shall also 
vote by secret ballot on each Member nominated to serve as chairman of 
an appropriations subcommittee.
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18. Democratic Caucus rules (June 2, 1977) section M III A.
19. Democratic Caucus rules (June 2, 1977) section M V A.
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    Procedures affecting Republican subcommittee members have been less 
formalized.(20) With respect to selecting ranking Republican 
members on committees generally, or chairmen when the Republican party 
is in the majority, the Re
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20. See Sec. 9, infra.
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[[Page 2625]]

publican Conference in 1970 adopted procedures recommended by the 
Conable task force (21) whereby the conference, by secret 
ballot, votes separately on nominations made by the Committee on 
Committees. Such nominations are made not necessarily on the basis of 
seniority.
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21. See Ch. 3, Sec. 9.2, supra.
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By Resolution

Sec. 8.1 The chairman of a standing committee is elected by privileged 
    resolution recommended by the majority party caucus or Committee on 
    Committees and adopted by the House.

    On June 5, 1963,(22) Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Wilbur D. Mills,(23) of 
Arkansas:
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22. 109 Cong. Rec. 10187, 88th Cong. 1st Sess.
23. Mr. Mills was Chairman of the Committee on Ways and Means and 
        Chairman of the Democratic Committee on Committees.
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        Mr. Speaker, I offer a privileged resolution (H. Res. 388) and 
    ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That Edwin E. Willis, of Louisiana, be and he is 
        hereby elected chairman of the Standing Committee of the House 
        of Representatives on Un-American Activities. The resolution 
        was agreed to.

Privileged Status of Resolution Electing Chairman

Sec. 8.2 A resolution providing for the election of the chairman of a 
    standing committee of the House is called up as privileged by the 
    chairman of the majority party entity designated to recommend 
    committee assignments.

    On Nov. 18, 1970,(24) a vacancy having developed in the 
chairmanship of the Committee on Government Operations,(25) 
Mr. Wilbur D. Mills,(26) of Arkansas, offered the following 
privileged resolution (H. Res. 1263) and asked for its immediate 
consideration:
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24. 116 Cong Rec. 37823, 91st Cong. 2d Sess.
25. The vacancy was caused by the death of William L. Dawson (Ill.), 
        who had chaired the committee for 15 consecutive years.
26. Mr. Mills was Chairman of the Committee on Ways and Means as well 
        as the Democratic Committee on Committees.
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        Resolved, That Chet Holifield, of California, be, and he is 
    hereby, elected Chairman of the standing committee of the House of 
    Representatives on Government Operations.

    The resolution was agreed to without debate.

[[Page 2626]]

Death of Chairman

Sec. 8.3 When a vacancy is created on a standing committee by the death 
    of its chairman, the House by resolution elects a new chairman to 
    fill the vacancy.

    On Sept. 21, 1961,(27) a vacancy having developed in the 
chairmanship of the Committee on Science and 
Astronautics,(1) Speaker pro-tempore John W. McCormack, of 
Massachusetts, recognized Mr. Wilbur D. Mills, of Arkansas, and the 
following events transpired:
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27. 107 Cong. Rec. 20549, 87th Cong. 1st Sess.
 1. The vacancy was caused by the death of Overton Brooks (La.), who 
        had served as chairman of the committee from 1959.
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        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.

Election During Final Days of Congress

Sec. 8.4 The House adopted a privileged resolution electing a Member 
    Chairman of the Committee on Armed Services during the final three 
    days of the 91st Congress, to fill a vacancy.

    On Dec. 30, 1970,(2) a vacancy having developed in the 
chairmanship of the Committee on Armed Services,(3) Mr. 
Wilbur D. Mills, of Arkansas, was recognized by Speaker John W. 
McCormack, of Massachusetts, and the following events took place:
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 2. 116 Cong. Rec. 44163, 91st Cong. 2d Sess.
 3. The vacancy was caused by the death of L. Mendel Rivers (S.C.) on 
        Dec. 28, 1970. Mr. Rivers had served as chairman of the 
        committee since 1965.
            Mr. Philbin was a ``lame-duck'' Member of the 91st 
        Congress, having been defeated for renomination to the 92d 
        Congress.
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        Mr. Speaker, by direction of the Committee on Committees, I 
    offer a privileged resolution (H. Res. 1322), and ask for its 
    immediate consideration.
        The Clerk read the resolution as follows:

            Resolved, That Philip J. Philbin, of Massachusetts, be, and 
        he is hereby, elected chairman of the standing committee of the 
        House of Representatives on Armed Services. The resolution was 
        agreed to.

Election Following Resignation

Sec. 8.5 The House agreed to a resolution electing a chairman of a 
    standing committee

[[Page 2627]]

    after the previous chairman resigned.

    On Sept. 24, 1940,(4) Speaker Sam Rayburn, of Texas, 
laid before the House the following communication which was read by the 
Clerk:
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 4. 86 Cong. Rec. 12560, 76th Cong. 3d Sess.
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                                               September 18, 1940.
        Hon. Sam Rayburn,
        Speaker of the House of Representatives, U.S., Washington, D.C.

        My Dear Mr. Speaker: I hereby respectfully tender my 
    resignation as chairman of the Committee on the Public Lands [now 
    the Committee on Interior and Insular Affairs].

        It is my intention to remain on the committee as a member.

              Respectfully,
                                                  Rene L. Derouen.

    The Speaker inquired as to whether there was any objection, and 
none being heard, the resignation was accepted.
    Immediately thereafter, the Chair recognized Mr. Robert L. 
Doughton,(5) of North Carolina:
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 5. Mr. Doughton was Chairman of the Committee on Ways and Means.
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        Mr. Speaker, I offer the following resolution, which I send to 
    the desk, and I move its immediate adoption.
        The Clerk read as follows:

                              House Resolution 610

            Resolved, That J. W. Robinson, of Utah be, and he is 
        hereby, elected chairman of the standing committee of the House 
        of Representatives on Public Lands.
            The resolution was agreed to.

Sec. 8.6 The House elected chairmen to two standing committees after 
    accepting resignations from the previous chairmen.

    On Oct. 14, 1940,(6) resignations were accepted from Mr. 
Lindsay C. Warren, of North Carolina, and Mr. John J. Cochran, of New 
York, as chairmen of their respective committees. By separate 
resolutions, Mr. Cochran was elected to chair the House standing 
Committee on Accounts [now, the Committee on House Administration] and 
Mr. James A. O'Leary, of New York, to chair the Committee on 
Expenditures in the Executive Departments [now, the Committee on 
Government Operations].
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 6. 86 Cong. Rec. 13551, 76th Cong. 3d Sess.
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    The Record discloses these changes to have been effected as 
follows:

        The Speaker laid before the House the following resignation:
                                                  Washington, D.C.
         Hon. Sam Rayburn,
        Speaker, House of Representatives.

            My Dear Mr. Speaker: I herewith submit my resignation as 
        chairman of the Committee on Accounts, effective at the close 
        of business October 31, 1940.

[[Page 2628]]

              Respectfully,
                                                Lindsay C. Warren.

        The Speaker: (7) Without objection, the resignation 
    will be accepted.
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 7. Sam Rayburn (Tex.).
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        There was no objection.
        The Speaker laid before the House the following resignation:
                                                  Washington, D.C.
        Hon. Sam Rayburn,
        Speaker, House of Representatives, Washington, D.C.

        My Dear Mr. Speaker: I herewith submit my resignation as 
    chairman of the Committee on Expenditures in the Executive 
    Departments, effective at the close of business October 31.
        It is my intention to retain my membership on the committee.

              Sincerely yours,
                                                  John J. Cochran.

        The Speaker: Without objection, the resignation will be 
    accepted. There was no objection.

                           Election to Committees

        Mr. [Thomas H.] Cullen [of New York]: Mr. Speaker, I offer a 
    privileged resolution (H. Res. 626) and move its adoption.
        The Clerk read as follows:

                              House Resolution 626

            Resolved, That John J. Cochran, of Missouri, be, and he is 
        hereby, elected chairman of the standing committee of the House 
        of Representatives on Accounts, effective as of November 1, 
        1940.

        The resolution was agreed to.
        Mr. Cullen: Mr. Speaker, I offer a further privileged 
    resolution (H. Res. 627) and move its adoption.
        The Clerk read as follows:

                              House Resolution 627

            Resolved, That James A. O'Leary, of New York, be, and he is 
        hereby, elected chairman of the standing committee of the House 
        of Representatives on Expenditures in the Executive 
        Departments, effective as of November 1, 1940.
            The resolution was agreed to.

Election Resolutions; Recognition to Offer

Sec. 8.7 A resolution electing a Chairman of the Committee on Merchant 
    Marine and Fisheries [a vacancy having been created by the death of 
    the former chairman] was offered by the Chairman of the Committee 
    on Ways and Means in his capacity as Chairman of the majority 
    party's Committee on Committees.

    On Jan. 10, 1966,(8) a vacancy having arisen in the 
chairmanship of the Committee on Merchant Marine and 
Fisheries,(9) Speaker pro tempore Carl Albert, of Oklahoma, 
recognized Mr. Wilbur D. Mills, of Arkansas:
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 8. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
 9. The vacancy developed upon the death of Herbert C. Bonner (N.C.), 
        on Nov. 7, 1965. Mr. Bonner had chaired the committee since 
        1955.
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        Mr. Speaker, I offer a privileged resolution (H. Res. 630) and 
    ask for its immediate consideration.

[[Page 2629]]

        The Clerk recall the resolution as follows:

                                  H. Res. 630

            Resolved, That Edward A. Garmatz, of Maryland, be and he is 
        hereby, elected chairman of the standing Committee of the House 
        of Representatives on Merchant Marine and Fisheries.

    Immediately thereafter, the resolution was agreed to.
    Parliamentarian's Note: The appointment of committee chairmen is 
ultimately determined by the party organizations, i.e., the Democratic 
Caucus or the Republican Conference depending upon which party 
constitutes the majority party at the time. For treatment of this 
subject, see Chapter 3, supra.
    Beginning with the 94th Congress, the Steering and Policy 
Committee, chosen by the Democratic Caucus, rather than the Democratic 
membership of the Ways and Means Committee, has acted in the capacity 
of the Democratic Committee on Committees. The Chairman of the 
Democratic Caucus is now recognized to offer resolutions electing 
committee chairmen and members. (See, for example, H. Jour. 127, 95th 
Cong. 1st Sess., Jan. 19, 1977.)