Assembly of Congress

Home , Alexander Wiley, Bertrand Snell, Caucus Chair, Congress Hall, Floor leader, George Anthony Dondero

CHAPTER 1

A. Meeting and Organization § 1. In General; Law Governing § 2. Types of Meeting; Sessions § 3. Time of Meeting § 4. Place of Meeting § 5. Clerk as Presiding Officer; Authority § 6. Election of the Speaker § 7. Business Under Speaker as Presiding Officer

B. Procedure § 8. Procedure before Adoption of Rules § 9. —Motions § 10. Adoption of Rules; Applicability § 11. Resumption of Legislative Business § 12. Action on Bills and Resolutions During Organiza- tion

INDEX TO PRECEDENTS

Administration of oath to Speaker, Announcements during organization § 6.4 communications of foreign govern- Amend, motion to, before rules adop- ments, § 7.9 tion, § 9.6 official actions during adjournment, Amendments §§ 7.7, 7.8 germaneness of, before rules adoption, resignations, § 7.10 §§ 12.6, 12.7 Bills restriction on, before rules adoption, consideration of, before rules adoption, § 12.8 §§ 12.8, 12.9

Commentary and editing by Peter D. Robinson, J.D.

1 Ch. 1 DESCHLER’S PRECEDENTS

Bills—Cont. Convening, new Congress—Cont. introduction of, before rules adoption, Speaker presiding at, § 7.1 §§ 12.2, 12.8, 12.9 Day of meeting opening day, §§ 12.1, 12.2 after July, § 3.7 referral of, before rules adoption, § 12.2 change in, effect on business, § 3.2 referral of, opening day, §§ 11.3, 12.1 holiday as, § 3.6 Senate action on, during organization, leadership authority over, §§ 3.16, 3.17 § 12.10 pro forma meetings, § 3.9 Call of the House, before rules adop- resolution to set, §§ 3.7–3.9 tion, § 9.8 twentieth amendment determines, for Chamber, meeting outside convening, § 3.5 consent of other House for, § 4.1 Death of Members, proceedings as joint meetings and ceremonies, §§ 4.5– to, §§ 8.1, 8.2 4.7 Election of Speaker reconvening in Chamber, resolution by resolution, § 6.3 for, § 4.2 Clerk as presiding over, §§ 6.1, 6.6, 6.7 secret meetings, §§ 4.3, 4.4 during the term of Congress, §§ 6.6–6.8 Clerk as presiding officer procedure of, §§ 6.1, 6.2 during election of Speaker, §§ 6.1, 6.6, 6.7 Extension of remarks during organization, § 8.2 organizational procedure under, § 5.1 Extraordinary sessions Committee investigation, resolution for resumption of, § 11.1 appropriations for, § 2.3 Convening, consecutive session history of, § 2.1 organizational business and procedure, proclamations convening, § 2.2 §§ 7.5, 7.6 Germaneness of amendments, before presiding officer at, in absence of rules adoption, §§ 12.6, 12.7 Speaker, § 7.4 Hour of daily meeting procedure at, intervening death of construction as to ‘‘noon,’’ § 3.15 Speaker, §§ 6.6–6.8 fixing the hour when legislative day resumption of business at, §§ 11.2, 11.3 extends beyond calendar day, § 3.1 Senate practice at, resumption of busi- leadership authority over special meet- ness, §§ 11.4, 11.5 ing, §§ 3.18, 3.19 Speaker presiding at, §§ 7.5, 7.6 privileged motion to fix, § 3.11 Convening date resolution fixing hour of night meeting, amending resolution to fix, § 3.8 § 3.4 Convening in Chamber, after sitting resolution to fix, § 3.10 in another structure, § 4.2 unanimous-consent request to fix, Convening, new Congress §§ 3.3, 3.11–3.14 Clerk presiding at, § 5.1 Hour of daily meeting, request to date of, determined by twentieth change in Committee of the Whole, amendment, § 3.5 § 3.14 organizational business and procedure, unanimous consent for, remainder of §§ 5.1, 6.1, 7.1 week, § 3.12

2 ASSEMBLY OF CONGRESS Ch. 1

vacating order for, § 3.13 Proclamation convening Congress Introduction of opening day bills, Clerk reads, § 2.2 §§ 12.1, 12.2 form of, § 2.2 Joint meetings instances of, § 2.1 in Library of Congress, § 4.5 Recall of Congress, resolution au- informal invitation to Senate Chamber, thorizing, § 3.16 § 4.6 Recess during organization leadership authority over time of, Speaker’s authority to declare, §§ 7.2, §§ 3.18, 3.19 7.3 Leadership Recommit, motion to, before rules recall of Congress, by announcement, adoption, § 9.5 § 3.17 Resolution electing a Speaker, § 6.3 recall of Congress, pursuant to resolu- Resolution to adopt rules tion, § 3.16 amendment of, §§ 10.9, 10.10 Legislative Reorganization Act correction of, § 10.12 meeting beyond July under, § 3.7 debate on, Speaker’s participation in, portions of not in effect, prior to rules adoption, § 12.9 § 10.11 Messages received during organiza- form of, § 10.5 tion, § 8.3 introduction of, §§ 10.3, 10.4 Motion to set time and date of meet- nondivisibility of, § 10.8 ing, § 3.11 postponement of, § 10.7 Motions, before rules adoption withdrawal of, § 10.6 for call of the House, § 9.8 Resolutions, before rules adoption for previous question, §§ 9.3, 9.4 action on, §§ 12.3–12.5 for yeas and nays, §§ 9.1, 9.2 amendment of, §§ 12.5–12.7 to amend, § 9.6 debate on, § 12.3 to postpone, § 9.7 postponement of, §§ 9.7, 10.7 to recommit, § 9.5 withdrawal of, §§ 10.6, 12.4 Night meeting, resolution for, § 3.4 Resumption of committee investiga- ‘‘Noon,’’ construction of, § 3.15 tion, new Congress, § 11.1 Opening day bills, §§ 12.1, 12.2 Resumption of old business, consecu- Parliamentary law, before rules tive session, §§ 11.2, 11.3 adoption, §§ 12.8, 12.9 Postpone, motion to, before rules Rules Committee adoption, § 9.7 jurisdiction of pro forma meetings, Presiding officer at organization § 3.9 during election of Speaker, §§ 6.1, 6.6 Rules of proceeding in absence of Clerk, § 5.2 prior Congress may not prescribe, in absence of Speaker, § 7.4 § 10.1 Previous question, motion for, before right of House to determine, § 10.1 rules adoption, §§ 9.3, 9.4 under general parliamentary law, be- Pro forma meetings, resolution for, fore rules adoption, §§ 10.2, 12.8, § 3.9 12.9

3 Ch. 1 DESCHLER’S PRECEDENTS

Secret meetings Speaker—Cont. outside of Chamber, § 4.3 oath administered to, § 6.4 place of, kept confidential, § 4.4 participation in debate on adoption of Senate organization rules, § 10.11 introduction of bills during, § 12.10 presides at convening of Congress, § 7.1 resumption of business, §§ 11.4, 11.5 Sessions presides at convening of consecutive extraordinary, §§ 2.1–2.3 session, §§ 7.5, 7.6 interval between, § 2.4 resignation from committees, § 6.5 Speaker resignations received by, § 7.10 actions of during adjournment, §§ 7.7, vacancy in office of, during term, 7.8 asked unanimous consent to set hour §§ 6.6–6.8 of meeting, § 3.3 State of the Union Message as to communications of foreign gov- precedence of, over Senate business, ernments, § 7.9 §§ 11.4, 11.5, 12.10 authorized to determine time of joint meeting, § 3.19 Twentieth amendment, operation of, election of, procedure for, § 6.1 § 3.5 minority leader presents, after elec- Unanimous consent requests during tion, § 6.2 organization, §§ 8.1, 8.2

4 Assembly of Congress

A. MEETING AND ORGANIZATION § 1. In General; Law Gov- as soon as it has come together, erning but before organization has been consummated, the provisions of An understanding of the body of law directing the assembly of Con- procedure through which the gress, and the steps of organiza- United States House of Represent- tion which occur at the convening atives fulfills its functions and ex- of Congress. The four types of ‘‘as- ercises its prerogatives must be sembly,’’ and their relationship to based, in the beginning, on a com- the sessions of Congress, are de- prehension of how the Congress scribed, as are the time and place comes together, and of the meth- at which Congress meets both at ods through which it arrives at an assembly and during sessions. organizational structure and at a The first division of this chapter body of rules to govern its pro- sets forth, schematically, the var- ceedings. ious organizational steps, includ- This chapter is principally con- ing the election of the Speaker, fined to the specific steps and and describes the proceedings principles of procedure which over which he presides in com- apply to the initial organization of pleting organization. The func- the House of Representatives. The tions and authority of the Speaker discussion is chronological, fol- and of the other officers of the lowing the progression which the House at the opening of Congress House itself follows at organiza- are detailed. tion. Although this chapter fo- The second division deals with cuses on circumstances indigenous the principles of organizational to the organization of a new Con- proceedings, before and after gress, parallels are drawn to the standing rules have been adopted. mode of operation at the start of The use of motions, miscellaneous new sessions during a term of floor procedure, and the consider- Congress as well. ation and passage of bills and res- This chapter discusses the gen- olutions during the organizational eral law which governs the House period are covered, as well as the

5 Ch. 1 § 1 DESCHLER’S PRECEDENTS procedure and substantive law re- House of Representatives, how- lating to the adoption of the rules ever, the general parliamentary themselves. How the House re- law applicable is that body of par- sumes business, and what busi- liamentary law generally based ness is resumed, is likewise in- upon precedents and rules of past cluded. Houses.(2) Obsolete provisions of A word first is in order about Jefferson’s Manual, inconsistent the general body of procedural law with the prevailing practice of the which governs the House during House, do not apply.(3) the period of organization. It is a Past rules from a prior Con- general principle that in the ab- gress may be relied upon to admit sence of the adoption of rules of certain motions before the adop- procedure and in the absence of tion of rules,(4) and those relating statutory regulation, a public de- to organization procedures, liberative body is governed by the though technically inapplicable, generally accepted rules of par- exert persuasive effect.(5) This is liamentary procedure.(1) In the Quarterly, Inc. (Wash., D.C. 1971). 1. See 59 Am Jur 2d Parliamentary Paul Riddick, The United States Law § 3. The general rules of par- Congress Organization and Proce- liamentary procedure applicable to dure, National Capitol Publishers any membership organization have (Manassas, Va. 1949). been variously described as: those 2. See House Rules and Manual §60 treating participants with fairness (comment) (1973). See also 5 Hinds’ and good faith, Re Election of Direc- Precedents §§ 6758–63; 8 Cannon’s tors of Bushwick Sav. & Loan Assoc., Precedents §§ 3383–86. 189 Misc. 316, 70 N.Y.S. 2d 478 3. See 5 Hinds’ Precedents §§ 6757, (1947); those used by all American 6761–63. Rule XLII, House Rules deliberative assemblies, Theofel v and Manual § 938 (1973) provides for Butler, 134 Misc. 259, 236 N.Y.S. 81, the application of Jefferson’s Manual affd. 227 App. Div. 626, 235 N.Y.S. to House procedure where not incon- 896 (1929). sistent with standing rules. Collateral references: George S. 4. For example, the motion to recommit Blair, American Legislatures; Struc- was admitted before the adoption of ture and Process, Harper and Row rules on Dec. 7, 1931, 71 CONG. REC. (N.Y., 1967). Lewis A. Froman, Jr., 12, 72d Cong. 1st Sess. (Speaker ‘‘Organization Theory and the Expla- John N. Garner), because it was nation of Important Characteristics within the ‘‘spirit’’ of the rules of the of Congress,’’ 62 AMERICAN POLIT- preceding Congress (see § 9.5, infra). ICAL SCIENCE REVIEW 518–562 5. Rule II (election of officers and ad- (June, 1968). Guide to the Congress ministration of oath to them), § 635, of the United States, Congressional and Rule III clause 1 (duties of Clerk

6 ASSEMBLY OF CONGRESS Ch. 1 § 2 not to infer, however, that past and by the provisions of the twen- rules are generally controlling.(6) tieth amendment, requiring as- A rule of a past Congress assum- sembly at least once a year.(9) The ing to control a future House as to two types of ‘‘assembly’’ con- rules at organization is not bind- templated by the twentieth ing,(7) and a statutory enactment amendment include the convening incorporated into the rules of a of the first session of a new Con- preceding Congress and enacted gress and the convening of the under the rule-making power of second or following session of an the House and Senate has no ef- existing Congress.(10) A third cat- fect in a new Congress until ex- egory of assembly, the extra ses- (8) pressly adopted. sion, may arise when the Con- gress is convened pursuant to Presidential proclamation after § 2. Types of Meeting; Ses- the final adjournment of one sessions sion but before the constitutional day for the convening of the next Congress assembles in various session.(11) When the President ex- ways, as determined by the status of Congress at its last meeting 9. Section 2. The twentieth amendment, ratified Feb. 6, 1933, super- at commencement of new Congress), seded U.S. Const. art. I, § 4, clause 2. § 637, House Rules and Manual 10. See House Rules and Manual § 590 (1973), prescribe the procedure at or- (1973). See § 3, infra, for determina- ganization which is generally fol- tion of the meeting time of Congress. lowed, although the rules are not 11. For the President’s authority to con- technically in force at that time. vene Congress, see U.S. Const. art. 6. See, e.g., 5 Hinds’ Precedents II, § 3. For characterization of meet- §§ 5590, 5604. ings called by the President, and 7. 5 Hinds’ Precedents §§ 6765–66. whether they constitute a new ses- 8. The requirements of the Legislative sion, see § 3, infra. See also Ashley v Reorganization Act of 1970, Pub. L. Keith Oil Corp., 7 F.R.D. 589 (D. No. 91–510, 84 Stat. 1140, incor- Mass. 1947); compare Jefferson’s porate as an exercise of the rule- Manual, House Rules and Manual making power into the rules of the § 588 (1973). For instances of extra 91st Congress, were ruled not appli- sessions since 1936, see §§ 2.1–2.2, cable to the proceedings of the 92d infra. Congress before the adoption of In the 93d Congress, the concur- rules. 117 CONG. REC. 132, 92d rent resolution adjourning sine die Cong. 1st Sess., Jan. 22, 1971 the 1st session (H. Con. Res. 412) (Speaker Carl Albert, Okla.) (see provided that the leadership could § 12.9, infra). reassemble Congress.

7 Ch. 1 § 2 DESCHLER’S PRECEDENTS ercises his power to convene, a of the House and the power of its Congress may hold three or more Members when it meets. At the sessions during its term.(12) The beginning of the first session of a last category of assembly, as the new Congress, the House is with- term is used generally to connote out the anchors of rules of proce- a meeting, occurs during a session dure, elected officers, or duly of Congress, after adjournment ei- sworn Members. At the beginning ther to a day certain or from day of a consecutive session of an ex- to day. isting Congress, on the other The final adjournment of one hand, Members have been sworn session, preceding the opening of and rules and officers remain the a new session, is usually but not same. The openings of new ses- always accomplished by a sine die sions, however, whether of a new adjournment resolution. Congress, or of an old Congress, or by Presidential proclamation, For example, the 76th Congress, share one common procedural 3d session, terminated and the characteristic: the ascertainment 77th Congress, 1st session, began of a quorum must be the first at noon on Jan. 3, 1941, pursuant order of business. Congress is not to the twentieth amendment; nei- ‘‘assembled’’ until a quorum is ther a concurrent resolution pro- present in both Houses, and each viding for adjournment sine die House has been notified of the nor a law changing the convening quorum in the other.(14) That re- date of the 77th Congress had been passed. The House adopted a 14. 6 Cannon’s Precedents § 5. simple motion to adjourn on Jan. A message from one House that a 2, and the Senate stayed in ses- quorum has appeared is not deliv- sion up to noon on Jan. 3 when ered in the other until a quorum has appeared there also. 1 Hinds’ Prece- the 3d session of the 76th Con- dents § 126. (13) gress expired. Although art. I, § 5, clause 1 of the These distinctions are impor- Constitution requires a quorum to do tant in determining the procedure business, the House has proceeded to business at the beginning of a second 12. For historical commentary on the session despite the lack thereof in number of sessions per term, see § 3, the Senate (1 Hinds’ Precedents infra. § 126), and both Houses have per- 13. See 86 CONG. REC. 14059, 76th mitted the oath to be administered Cong. 3d Sess., Jan. 3, 1941. See also in the absence of a quorum (1 Hinds’ § 2.4, infra, and 8 Cannon’s Prece- Precedents §§ 174, 181, 182; 4 Hinds’ dents § 3375. Precedents § 875).

8 ASSEMBLY OF CONGRESS Ch. 1 § 2 quirement distinguishes the open- organization, without looking spe- ing of a session from the assembly cifically at the act in question and of Congress during a session, at the stage of organization, fac- where a quorum is not required tors which receive detailed anal- unless the lack thereof is chal- yses elsewhere in this chapter. As lenged.(15) There are, of course, a rule, only housekeeping resolu- other proceedings on the opening tions are considered during orga- day of a session which do not nization, although a major bill occur at regular daily meetings, may on occasion be acted upon be- such as the notification to the fore organization is completed by President of the assembly of Con- the adoption of rules.(19) A related gress.(16) question, whether Congress was The point in time at which the in session at a particular time, elected Congress becomes the may become a justifiable con- Congress ‘‘assembled’’ has been a troversy when the effectiveness of subject of much discussion, as the a congressional or Presidential act determination of that question depends on the determination.(20) may define the authority of Con- gress to act in an official capac- 19. See, in general, § 12, infra. For consideration of legislation before rules (17) ity. The language of the Con- adoption, see § 12.8, infra. stitution, in empowering each 20. On the question whether a legisla- House to determine the rules of tive body was technically in session its proceedings and to elect its of- at the time a bill was passed, there ficers, clearly contemplates the as- are two rules of statutory construc- sembly as being a ‘‘House’’ before tion: under the conclusive presump- the adoption of rules or election of tion rule, courts refuse to go beyond (18) authenticated bills to inquire wheth- officers. No definitive rule can, er the legislative body was in ses- however, be laid down as to the sion; the opposite view admits ex- authority of Congress to act before trinsic evidence. Sutherland, Stat- utes and Statutory Construction 15. See Ch. 20, infra. On at least one oc- § 406 (3d. ed. 1943). Federal courts casion, a quorum was not present at accord a presumption in favor of reg- the opening day of the second ses- ularity to the proceedings of Con- sion. 10 ANNALS OF CONG. 782, 6th gress. See Yellin v U.S., 374 U.S. Cong., 2d Sess., Nov. 17, 1800 (the 109, 146 (1963); Barry v U.S. ex rel date Congress moved permanently to Cunningham, 279 U.S. 597, 619 the District of Columbia). (1929). 16. See § 7.1, infra. Whether Congress was in session 17. See 1 Hinds’ Precedents §§ 87–88. at a particular time may become a 18. See 1 Hinds’ Precedents § 82. justifiable controversy when the ef-

9 Ch. 1 § 2 DESCHLER’S PRECEDENTS

Extra Sessions; Presidential stitutional day of meeting for the Proclamation second session, Jan. 3, 1940. The third session of the 76th Congress § 2.1 On two occasions since convened on Jan. 3 subsequent to 1936, Congress has held the final adjournment of the sec- three sessions, the second, or ond session.(25) special session, being convened by Presidential procla- § 2.2 When the House con- mation following the sine die venes, pursuant to Presi- adjournment of the first ses- dential proclamation, fol- sion. lowing the sine die adjourn- Following the sine die adjournment of a session, the Speak- ment of the first session of the er calls the House to order 75th Congress on Aug. 21, and the Clerk reads the proc- 1937,(21) Congress was convened lamation of the President for its second session on Nov. 15, convening the extraordinary 1937, before the constitutional day session. of meeting, by Presidential procla- On Nov. 15, 1937,(26) following (22) mation. The third session of the the sine die adjournment of the 75th Congress met on the con- first session on Aug. 6, 1937, stitutional day, Jan. 3, 1938,(23) Speaker William B. Bankhead, of following the final adjournment of Alabama, called the House to the second session. order and directed the Clerk to Similarly, the second session of read the following proclamation: the 76th Congress was convened by Presidential proclamation on CONVENING THE CONGRESS IN EXTRA Sept. 21, 1939,(24) before the con- SESSION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

fectiveness of a Presidential veto de- A PROCLAMATION pends on the determination. Wright v U.S., 302 U.S. 583 (1938); Pocket Whereas public interests require that the Congress of the United States Veto Case, 279 U.S. 655 (1929). Gen- should be convened in extra session at erally, see Ch. 24, infra. 12 o’clock noon on the 15th day of No- 21. 81 CONG. REC. 9678, 75th Cong. 1st vember 1937, to receive such commu- Sess. nication as may be made by the Execu- 22. 82 CONG. REC. 7, 75th Cong. 2d tive: Sess. 23. 83 CONG. REC. 6, 75th Cong. 3d 25. 86 CONG. REC. 5, 76th Cong. 3d Sess. Sess. 24. 85 CONG. REC. 7, 76th Cong. 2d 26. 82 CONG. REC. 7, 75th Cong. 2d Sess. Sess.

10 ASSEMBLY OF CONGRESS Ch. 1 § 3

Now, therefore, I, Franklin D. Roo- session until the date and sevelt, President of the United States of America, do hereby proclaim and de- hour when one Congress ex- clare that an extraordinary occasion pired and the next one began requires the Congress of the United pursuant to the twentieth States to convene in extra session at (28) the Capitol in the City of Washington amendment. on the 15th day of November 1937, at On Jan. 3, 1941,(1) the Senate of 12 o’clock noon, of which all persons who shall at that time be entitled to the 76th Congress, 3d session, act as Members thereof are hereby re- convened at 11:30 a.m. At 11:43 quired to take notice.... a.m. the Senate took a recess § 2.3 When Congress is con- until 11:55 a.m. Further pro- vened by the President for a ceedings were carried as follows in special and additional ses- the Record: sion, it may provide appro- The third session of the Seventy- priations, by joint resolution, sixth Congress expired automatically, for extra mileage expenses of under constitutional limitation, when Members and additional the hour of 12 o’clock arrived. wages of House employees thereby incurred. § 3. Time of Meeting On Sept. 25, 1939,(27) the House agreed to a joint resolution appro- The Constitution requires that priating payment for expenses incident to the second and extraor- the Congress assemble at least dinary session of the 76th Con- once a year on either the date gress, convened by Presidential specified by the Constitution— proclamation. The appropriations January 3—or on a date ap- covered mileage expenses incurred pointed by the Congress.(2) Since by the Members, Delegates, and Commissioners of Congress and 28. For other instances where one ses- by the Vice President, and wages sion of Congress followed another for the pages of the Senate and without appreciable interval, see 5 the House during the term of the Hinds’ Precedents § 6690; 8 Cannon’s second session. Precedents § 3375. 1. 86 CONG. REC. 14059, 76th Cong. 3d Interval Between Sessions Sess. The House had adjourned pursuant to a simple motion to adjourn § 2.4 On one occasion since on Jan. 2, 1941. 1936, the Senate stayed in 2. U.S. Const. art. I, § 4, clause 2, providing for annual assembly on the 27. 85 CONG. REC. 16, 76th Cong. 2d first Monday in December, was su- Sess. perseded by the twentieth amend-

11 Ch. 1 § 3 DESCHLER’S PRECEDENTS the First Congress, the Senate Congress, but also the President and House have frequently pro- has constitutional authority to vided by law for a convening date convene the Congress earlier than different than that designated by on the constitutional day; (6) in ad- the Constitution: by resolution of dition, the twenty-fifth amend- the Continental Congress the first ment to the Constitution requires session of the First Congress con- Congress to assemble to deter- vened on Mar. 4, 1789,(3) up to mine the President’s ability, when and including May 20, 1820, 18 challenged, to discharge the pow- acts were passed altering the con- ers and duties of his office,(7) and stitutional day;(4) between 1820 section 15 of title III, United and 1934 Congress met regularly States Code, appoints the sixth for a new session on the first day of January for the count of Monday in December.(5) Since the electoral vote by the Senate January of 1934 the Congress has and the House of Representa- convened pursuant to the twen- tives.(8) tieth amendment, requiring the The constitutional provisions re- Congress to meet on the third day lating to the time of meeting and of January unless otherwise pro- to the annual assembly were con- vided. strued by early Congresses to per- The twentieth amendment is mit them to convene early, either not the only law relating to the by resolution or by proclamation, time of meeting. Not only the and then to continue the same

ment, ratified Feb. 6, 1933, requiring 6. U.S. Const., art. II, § 3. The Presi- in section 2 that Congress assemble dent has often convened the Con- on the third day of January, unless gress, and on one occasion reassem- otherwise provided. bled Congress on a day earlier than Laws appointing a different day Congress itself had provided for. 1 for assembling since ratification of Hinds’ Precedents §§ 2, 10–12. Con- the twentieth amendment, see House gress provided in the concurrent res- Rules and Manual § 279 (1973) (com- olution adjourning sine die the 1st ment). Time of convening for a ses- session of the 93d Congress (H. Con. sion, see Everett S. Brown, The Time Res. 412) that the leadership could of Meetings of Congress, American call the Houses back into session. Political Science Review 955–960 7. Ratified Feb. 23, 1967. (Nov. 1931). 8. On at least one occasion Congress 3. 1 Hinds’ Precedents § 3; 8 Cannon’s has changed the date for the elec- Precedents § 3371. toral count. Act of Mar. 24, 1956, Ch. 4. 8 Cannon’s Precedents § 3371. 92, 70 Stat. 54. For the procedure of 5. 8 Cannon’s Precedents § 3371. the count, see Ch. 10, infra.

12 ASSEMBLY OF CONGRESS Ch. 1 § 3 session up to and beyond the day an entirely new session is begun, appointed by the Constitution for and is terminated by the arrival annual assembly.(9) The ambiguity of the constitutional day.(12) of that construction and the ex- Where, however, the President tension of power over the time of convenes Congress while ad- meeting to the President led to journed to a day certain, the exist- the current practice under which ing session is maintained; no an existing session necessarily longer is the presidentially-con- terminates with the day appointed vened session necessarily an extra by the Constitution for the regular or additional one.(13) annual session.(10) Since the adoption of the twen- 12. 2 Hinds’ Precedents § 1160; 5 Hinds’ tieth amendment, Congress has Precedents § 6690. met either on Jan. 3 or shortly 13. Ashley v Keith Oil Corporation, 7 thereafter, maintaining two ses- F.R.D. 589 (D. Mass. 1947) held that sions per Congress with the excep- the first session of the 80th Congress was not terminated by a Presidential (11) tion of the 75th and 76th. In proclamation convening Congress the event that Congress adjourns while adjourned to a day certain, sine die and the President con- where the Congress itself had convenes an extraordinary session, strued the reconvention as a continuation of the first session and where 9. The majority of the first 15 Con- the Presidential proclamation did gresses held only two legislative ses- not refer to an extra or additional sions. 1 Hinds’ Precedents §§ 5–11; session. (The issue before the court see also 8 Cannon’s Precedents was the effective date of amend- § 3371, describing the first instance ments to the Rules of Civil Proce- where four sessions were convened. dure, to become law three months 10 2 Hinds’ Precedents § 1160; 5 Hinds’ after the termination of the first reg- Precedents § 6690; 8 Cannon’s Prece- ular session of Congress.) Ashley de- dents § 3375. See § 2.4, supra. parted from the early view expressed 11. A second session of the 75th Con- in Jefferson’s Manual (House Rules gress was convened by the President and Manual § 588 [1973]) that the on Nov. 15, 1937, between the sine convening of Congress by the Presi- die adjournment of the first session dent automatically begins a new ses- and the convening of the third session, a theory formerly propounded sion on the constitutional day, Jan. in the House. 1 Hinds’ Precedents 3, 1938. 82 CONG. REC. 7, 75th Cong. § 12. 2d Sess. The second session of the See also the remarks in the Senate 76th Congress was convened in like of Sen. Alexander Wiley. (Wis.) on manner on Sept. 21, 1939. 85 CONG. the Ashley issue, 93 CONG. REC. REC. 7, 76th Cong. 2d Sess. See § 2.1, 10575, 10576, 80th Cong. 1st Sess., supra. Nov. 17, 1947, and a Library of Con-

13 Ch. 1 § 3 DESCHLER’S PRECEDENTS

The opening date of the First In addition to the authority of Congress operated to fix not only Congress to set the convening the start of a session, but also the date of a session or of a new Con- beginning of the terms of the gress, each House has plenary Members of the House and of the power over the time of its meet- Senate; thus the term of Congress ings during the session. By simple began on the fourth of March of day-to-day adjournment, the odd numbered years and extended House meets on the next following through two years.(14) Under the day, with the usual exclusion of (16) twentieth amendment, however, Saturday and Sunday; similarly, an adjournment to a day the terms of the Members begin certain fixes the next meeting day on January 3 of the odd-numbered of the House. If the time of meet- years, regardless of an alternate ing has not been previously set by (15) convening date. either a standing order or by a gress memorandum inserted by him resolution, the simple resolution in the Record at 10576, concluding to adjourn may be amended to set that the Congress was reconvening the convening time.(17) pursuant to the Presidential procla- By a new procedure adopted at mation to resume the first regular the opening of the 93d Con- session. gress,(18) a privileged and non-de- 14. A joint committee of the First Con- batable motion may be made at gress determined that under the resolution of the Continental Congress any time to provide for adjourn- (19) and under art. I, § 2, clause 1, of the ment to a day and time certain. U.S. Constitution, the terms of Rep- On some occasions, particularly resentatives and Senators of the first class commenced on the fourth of beginning of term, even if before March, to terminate with the third of Congress assembles). March of the odd-numbered years. 1 16. The House may provide for Sunday Hinds’ Precedents § 3. That construc- sessions, although Sunday is a dies tion was followed until the adoption non in the regular practice of the of the twentieth amendment. See the House. 5 Hinds’ Precedents §§ 6728– act of Jan. 22, 1867, Ch. 10, § 1, 14 32, 7245. Stat. 378, cited at 1 Hinds’ Prece- 17. 5 Hinds’ Precedents §§ 5360–63. For dents § 11. adjournments for a specified time 15. Section 1 of the twentieth amend- and adjournments for a specified ment. The amendment was ratified purpose, see Ch. 40, infra. on Feb. 6, 1933. For commentary, 18. 119 CONG. REC. 26, 27, 93d Cong. see House Rules and Manual §6 1st Sess., Jan. 3, 1973. (1973). See also 2 USC § 34 (salary 19. Rule XVI clause 4, House Rules and begins for Representatives-elect at Manual § 782 (1973).

14 ASSEMBLY OF CONGRESS Ch. 1 § 3 when the Senate does not acqui- 1816, has come to have the force esce in the request of the House of common law.(3) for an adjournment for more than On the opening day of a new three days, the House may pro- Congress, one of the first steps in vide that meetings be held only on organization is the adoption of a specified days of the week, often standing order fixing the hours of for merely pro forma sessions daily meeting for the remainder of without transaction of legislative the session; (4) that order expires business.(20) with the termination of the first Any proposition relating to the session, and a new order must be days on which the House shall sit adopted at the beginning of each is within the jurisdiction of the new session of the same Con- Committee on Rules; (1) the Com- gress.(5) While a motion to adjourn mittee on the Judiciary considers does not usually fix the hour of proposed bills to change the con- the next meeting, it may so fix the vening date of Congress or to hour where no standing order has amend the constitutional provi- yet been adopted.(6) In early Con- sions as to the time of meeting.(2) gresses, a motion to change the On the opening day of a new 3. 1 Hinds’ Precedents §§ 4, 210. Congress, or on the opening day of In 1784 the first order of the a new session of an existing Con- House fixing the time of meeting gress, the House meets at 12 provided that the House meet at 9 in o’clock meridian time. That hour the morning, adjourn at 2 in the of meeting, a practice dating from afternoon, meet again at 4 o’clock p.m., and adjourn at 8 o’clock p.m. in 20. 5 Hinds’ Precedents § 6675; 8 Can- the evening. Beginning with the non’s Precedents § 3369. Eighth Congress, a standing order 1. 4 Hinds’ Precedents § 4325; see also was adopted for the daily hour of Rule XI, House Rules and Manual meeting, and since 1816 the hour § 715, and comment thereto, § 717 has been fixed at 12 o’clock merid- (1973). ian. For the history of the hour of 2. Rule XI clause 13, House Rules and daily meeting, see the remarks of Manual §§ 707, 708 (1973); 4 Hinds’ Mr. George A. Dondero (Mich.), on Precedents § 4077. Formerly, pro- Mar. 4, 1946, 92 CONG REC. 1855, posed constitutional changes as to 79th Cong. 2d Sess. See also 1 the terms of Congress and as to the Hinds’ Precedents §§ 4, 6, and 10. time of annual meetings were consid- 4. 1 Hinds’ Precedents § 104; see also ered by the Committee on the Elec- House Rules and Manual § 6 (1973) tion of the President, Vice President, (comment). and Representatives in Congress. 7 5. 1 Hinds’ Precedents §§ 104–109. Cannon’s Precedents 2026. 6. 5 Hinds’ Precedents §§ 5362–63.

15 Ch. 1 § 3 DESCHLER’S PRECEDENTS hour of daily meeting was made The exercise by the House of its at any time as a privileged mo- formal rule-making power over tion; (7) later rulings characterized the time of meeting is strictly con- the resolution fixing the hour as a strued.(12) In this regard, the lead- standing order rather than as a ership of the House has extensive rule.(8) The new section of Rule informal authority over the time XVI clause 4, provides for a privi- of meeting during a session sub- leged motion to adjourn, subject to ject to approval by the House itself. For example, the leadership majority vote, which may fix the day and hour to which the House 12. A general rule of statutory construc- ( ) may adjourn. 9 In current prac- tion is that the acts of a legislature tice, a resolution to fix the hour of meeting at an unauthorized time meeting or to change the hour of may be invalidated. Sutherland, meeting is offered by the Com- Statutes and Statutory Construction mittee on Rules (10) (the committee § 401 (3d ed. 1943). Federal courts do may also provide for the con- not, however, question the regularity of the proceedings of Congress as a vening of daily sessions at a spe- general rule. Barry v U.S. ex rel cific hour while a certain bill is Cunningham, 279 U.S. 597, 619 ( ) under consideration). 11 (1929); Yellin v U.S., 374 U.S. 109, 146 (1963). 7. 1 Hinds’ Precedents §§ 110–112. The Senate has on occasion met in 8. 1 Hinds’ Precedents §§ 110, 113–116. regular session more than once on 9. See House Rules and Manual § 182 the same day. 91 CONG. REC. 5470, (1973). For debate on the measure 79th Cong. 1st Sess., June 4, 1945. when first proposed, see 119 CONG. (A quorum having failed at the noon REC. 26, 27, 93d Cong. 1st Sess., session, the Senate adjourned, to Jan. 3, 1973. await the arrival of absentees, until For the former practice, requiring 2:30 p.m., when a new session unanimous consent to change the began.) See 5 Hinds’ Precedents hour of meeting, see § 3.11, infra. If § 6724 for a similar instance, in the the Committee of the Whole is sit- House, occurring in 1793. ting when the time for the daily In one instance, the Senate met at meeting of the House arises, the an earlier hour than that provided Committee and not the Chairman for at adjournment, adopted a reso- decides whether the Committee will lution, and then met at the hour to rise. 5 Hinds’ Precedents § 6736. which it had originally adjourned to 10. 4 Hinds’ Precedents § 4325. ratify the earlier ultra vires action. 11. Where a special order so provides, 109 CONG. REC. 22697–99, 88th the House meets at the specific hour Cong. 1st Sess., Nov. 25, 1963. (The only on days when consideration of Senate amended the previous ad- the bill is in order. 7 Cannon’s Prece- journment resolution in order to au- dents § 763. thorize the earlier meeting.)

16 ASSEMBLY OF CONGRESS Ch. 1 § 3 may propose, in advance, the time date earlier than that adjourned of each adjournment to a day cer- to, when in their opinion legisla- tain for the entire session,(13) and tive expediency warrants such ac- ( ) may propose times for ceremonies, tion. 16 joint sessions, and joint meetings, whose scheduled dates are an- Setting the Hour or Date of nounced to the Members by the Meeting; Preliminary Matters Speaker or by the Majority Leader § 3.1 When the legislative day or whip. (Such assemblies must be of the House extends beyond distinguished from regular meet- the calendar day, the House ings to conduct legislative busi- then adjourns to meet at ness; the House usually stands in noon of the same calendar recess for attendance at joint day on which it has ad- ( ) meetings and ceremonies.) 14 The journed, unless otherwise House on occasion authorizes the provided. Speaker or the congressional lead- On Dec. 9, 1970,(17) Mr. Wilbur ership to determine the date on C. Daniel, of Virginia, moved that which a meeting shall be held. the House adjourn. The House Likewise, authority may be vested agreed to the motion at 1 o’clock in the Speaker to designate a date on which the regular routine of 16. 5 Hinds’ Precedents § 6686. For a the House should be resumed.(15) sine die adjournment resolution con- Similarly, a resolution of adjourn- taining such a provision, see H. Con. ment to a day certain or a sine die Res. 412. On one occasion, the congressional adjournment resolution may pro- leadership has exercised authority vide that the congressional lead- with respect to a joint resolution ers may recall the Congress, on a changing the meeting day of a new Congress; the resolution was pocket 13. See, e.g., announcement of Majority vetoed by the President at the re- Leader Carl Albert (Okla.) on Jan. 9, quest of the leaders, since the date 1969, 115 CONG. REC. 368, 91st provided for conflicted with the con- Cong. 1st Sess. stitutionally required day for the 14. For procedure in relation to joint count of the electoral vote. The veto meetings, see Ch. 35 and 36, infra. message, alluding to the request of For ceremonial procedure, see Ch. the congressional leadership, ap- 36, infra. pears at 102 CONG. REC. 15152, 84th 15. The House may require the giving of Cong. 2d Sess., July 27, 1956. (The notice, issued by the Clerk, for re- message was dated Aug. 8, 1956.) suming regular business. 8 Cannon’s 17. 116 CONG. REC. 40803, 91st Cong. 2d Precedents § 3369. Sess.

17 Ch. 1 § 3 DESCHLER’S PRECEDENTS and 3 minutes a.m., Thursday, On Sept. 11, 1968,(2) Speaker Dec. 10, 1970, and adjourned to John W. McCormack, of Massa- 12 o’clock noon on Dec. 10. chusetts, took the floor to state a unanimous-consent request: § 3.2 Enactment of a joint reso- (3) lution changing the con- MR. MCCORMACK: Mr. Speaker, I ask unanimous consent that when the vening date of the second House adjourns today it adjourn to session of Congress does not meet tomorrow at 11 a.m. affect the status of pending THE SPEAKER PRO TEMPORE: Is there legislative matters of the objection to the request of the gen- first session. tleman from Massachusetts? On Dec. 19, 1945,(18) Mr. John There was no objection. W. McCormack, of Massachusetts, § 3.4 The Congress provides by asked for immediate consideration concurrent resolution for a of a joint resolution convening the joint session to hear the second session of Congress on Jan. President deliver a message 14, 1946. After some debate on in person. the request, Mr. John H. Folger, ( ) of Georgia, arose to state a par- On Jan. 3, 1936, 4 Speaker Jo- liamentary inquiry: seph W. Byrns, of Tennessee, laid the following Senate resolution be- MR. FOLGER: I have a discharge petition on the desk, No. 10, in which I am fore the House: very, very much interested. I have no Resolved by the Senate (the House of objection to this adjournment until the Representatives concurring), That the 14th unless I have to go back and get two Houses of Congress assemble in that signed anew. Will that carry over? the Hall of the House of Representa- THE SPEAKER: (1) It will carry over. tives on Friday, the 3d day of January, MR. FOLGER: If it will I am all right. 1936, at 9 o’clock p.m. for the purpose THE SPEAKER: Everything remains of receiving such communications as on the calendar just as it is now. the President of the United States shall be pleased to make to them. § 3.3 The Speaker may take the The House agreed to the resolu- floor to ask unanimous con- tion. sent that the House meet at an early hour on the fol- 2. 114 CONG. REC. 26488, 90th Cong. lowing day. 2d Sess. 3. Mr. Daniel D. Rostenkowski (Ill.) 18. 91 CONG. REC. 12346, 79th Cong. 1st was the Speaker pro tempore. Sess. 4. 80 CONG. REC. 9, 74th Cong. 2d 1. Sam Rayburn (Tex.). Sess.

18 ASSEMBLY OF CONGRESS Ch. 1 § 3

§ 3.5 The House began con- Massachusetts, ruled that unani- vening under the twentieth mous consent was required to ad- amendment to the Constitu- journ over Christmas. tion with the 74th Congress. Resolutions to Set the Date of On Jan. 3, 1935,(5) the Clerk of Meeting the House, South Trimble, of Ken- tucky, addressed the opening ses- § 3.7 No concurrent resolution sion as follows: is necessary to authorize This is the first time in 146 years meetings of Congress beyond that an old Congress dies and a new the end of July where a con- one is born on the 3d day of January. tinuing national emergency Since the birth of the First Congress prevents statutory adjourn- in 1789 this historical event has taken ment under the Legislative place every two years on the 4th day of (8) March. Reorganization Act of 1946. Today we inaugurate the first ses- On July 27, 1949,(9) Mr. Joseph sion of the Seventy-fourth Congress, W. Martin, Jr., of Massachusetts, convened under the provision of the arose to state a parliamentary in- twentieth amendment of the Constitu- quiry as to the continuation of the tion of the United States. session of Congress beyond July § 3.6 Any legal holiday, such as 31, 1949. Mr. Martin stated that Christmas day,(6) is a regular under § 132 of the Legislative Re- meeting day of the House of organization Act of 1946, the Con- Representatives unless the gress could continue to legally House adjourns over by meet through either the passage of a concurrent resolution so pro- unanimous consent (or by viding or the proclaiming by the motion under Rule XVI President of a national emer- clause 4). gency; he proposed that there was On Dec. 23, 1963,(7) in response doubt as to the actual continu- to a parliamentary inquiry by Mr. ation of the national emergencies Charles A. Halleck, of Indiana, declared by the President on Sept. Speaker John W. McCormack, of 8, 1939, and May 27, 1941. Speak- er Sam Rayburn, of Texas, held 5. 79 CONG. REC. 9, 74th Cong. 1st Sess. 8. Ch. 753, § 132, 60 Stat. 812, as 6. 5 USC 87 (c); Executive Order 10358 amended, Act of Oct. 26, 1970, Pub. of June 11, 1952. L. No. 91–510, § 461, 84 Stat. 1140. 7. 109 CONG. REC. 25496, 88th Cong. 9. 95 CONG. REC. 10290, 81st Cong. 1st 1st Sess. Sess.

19 Ch. 1 § 3 DESCHLER’S PRECEDENTS that the national emergencies de- House resolution providing clared by the President on those for pro forma meetings on dates were still in existence, de- only specified days of the spite the cessation of actual hos- week, for a certain period of tilities. He then ruled that it was time. not necessary to pass a concurrent On Aug. 25, 1949,(12) Mr. Ed- resolution for the continued meet- ward E. Cox, of Georgia, of the ing of Congress beyond the first of Committee on Rules, submitted August. the following resolution: § 3.8 A joint resolution chang- Resolved, That until Wednesday, ing the convening date of a September 21, 1949, the House shall meet only on Tuesday and Friday of new Congress may be amend- each week unless otherwise ordered. ed, subsequent to passage, by passage of another joint reso- The House agreed by a two- lution substituting a newly thirds vote to consider the resolu- agreed upon date. tion the same day, and the resolution itself was then agreed to. (10) On Dec. 14, 1942, Mr. John Speaker Sam Rayburn, of Texas, W. McCormack, of Massachusetts, announced that no business would (11) addressed the Speaker to ask be transacted on the Tuesday and for immediate consideration of the Friday meetings provided for in following joint resolution: the resolution. He also alluded to Resolved, etc., That the joint resolu- the failure of the Senate to pass tion entitled ‘‘Joint resolution fixing the concurrent resolution seeking the dates of meeting of the second ses- adjournment of the House until sion of the Seventy-seventh Congress Sept. 21, which motivated the and of the first session of the Seventy- eighth Congress,’’ approved January 2, House leadership to submit the 1942, is amended by striking out resolution. ‘‘Monday, January 4, 1943’’ and inserting in lieu thereof ‘‘Wednesday, Janu- Fixing the Hour of Daily Meet- ary 6. 1943.’’ ing The House agreed to the resolution. § 3.10 On the convening day of a new session of Congress a § 3.9 The Committee on Rules simple House resolution es- has jurisdiction to report a tablishes the daily hour of meeting. 10. 88 CONG. REC. 9518, 77th Cong. 2d Sess. 12. 95 CONG. REC. 12287, 81st Cong. 1st 11. Sam Rayburn (Tex.). Sess.

20 ASSEMBLY OF CONGRESS Ch. 1 § 3

On Jan. 15, 1968,(13) Mr. Ray J. MR. O’NEILL: When we adjourn we Madden, of Indiana, offered the will have a new legislative day. Can following resolution and asked for we then meet at the call of the Chair? THE SPEAKER: It would require immediate consideration: unanimous consent to meet at any Resolved, That until otherwise or- hour other than 12 o’clock noon. dered, the daily hour of meeting of the Mr. Carl Albert, of Oklahoma, House of Representatives shall be at then obtained unanimous consent 12 o’clock meridian. to address the House for one The resolution was agreed to and minute. a motion to reconsider was laid on MR. ALBERT: Mr. Speaker, of course the table. any meeting of the House at any hour for the consideration of this matter § 3.11 Where the House met by other than at 12 o’clock noon tomorrow standing order at noon, would require unanimous consent, as I unanimous consent was re- understand it. May I inquire of the Speaker, so as to have the matter offi- quired to meet at a different cial, would not any meeting of the hour, before the adoption of House other than 12 o’clock noon to- rules changes by the 93d morrow require unanimous consent? THE SPEAKER: The gentleman has Congress authorizing a privi- made a correct statement. leged motion to adjourn to a On Jan. 3, 1973,(16) the House time certain. agreed to several amendments to On Dec. 23, 1963,(14) after an the rules of the 92d Congress, in- announcement by the Speaker (15) cluding the following: that funeral services would be In Rule XVI, insert at the end of held the next day for a late Mem- clause 4 the following: ber of Congress, Mr. Thomas P. It shall be in order at any time O’Neill, Jr., of Massachusetts, during a day for the Speaker, in his arose to state a parliamentary in- discretion, to entertain a motion that quiry: when the House adjourns it stand adjourned to a day and time certain. MR. O’NEILL: Would it be in order to Such a motion shall be of equal move that the House meet forthwith privilege with the motion to adjourn when we adjourn today? provided for in this clause and shall THE SPEAKER: Will the gentleman be determined without debate. advise the Chair what he means by ‘‘forthwith’’? Changing the Hour of Meeting

13. 114 CONG. REC. 8, 90th Cong. 2d § 3.12 The House may agree by Sess. unanimous consent to meet, 14. 109 CONG. REC. 25498, 88th Cong. 1st Sess. 16. 119 CONG. REC. 26, 27, 93d Cong. 15. John W. McCormack (Mass.). 1st Sess.

21 Ch. 1 § 3 DESCHLER’S PRECEDENTS

for the remainder of the because several committees had week, at an hour earlier than notified the Speaker that con- that provided for in the flicting committee sessions were standing order of the hour of scheduled for the morning of the meeting. next day. (17) On July 25, 1956, Mr. John § 3.14 A unanimous-consent re- W. McCormack, of Massachusetts, quest that the House meet at requested unanimous consent that an earlier hour is not enter- for the balance of the week the tained in the Committee of House meet at 10 o’clock a.m. the Whole. when adjourning from day to day. There was no objection.(18) On Sept. 26, 1966,(1) following agreement on the limit of debate § 3.13 The House may vacate, for an appropriations bill to be by unanimous consent, a pre- considered the following day, Mr. vious order that the House Sam M. Gibbons, of Florida, stat- convene at an early hour on ed that the remaining question the following day. was to obtain unanimous consent On Sept. 1, 1965,(19) the House to convene at 11 o’clock the fol- agreed to a unanimous-consent re- lowing morning. The Chairman (2) quest offered by Mr. Carl Albert, responded: of Oklahoma, that the House con- As to any agreement as to when the vene at 11 o’clock the following House comes back tomorrow, that will morning. Later on the same day be settled, of course, when the Com- Mr. Albert addressed the Speak- mittee rises. er (20) to request unanimous con- The Committee then rose and sent to vacate the order providing the House agreed by unanimous for an earlier meeting on the next consent to convene the following day. There was no objection. morning at 11 o’clock a.m. Parliamentarian’s Note: The request to rescind the early order Construction of ‘‘Noon’’ (Sen- was undertaken by the leadership ate Decision)

17. 102 CONG. REC. 14456, 84th Cong. § 3.15 A standing order of the 2d Sess. Senate providing for daily 18. Id. 19. 111 CONG. REC. 22496, 89th Cong. 1. 112 CONG. REC. 23785, 89th Cong. 1st Sess. 2d Sess. 20. John W. McCormack (Mass.). 2. Jack Brooks (Tex.).

22 ASSEMBLY OF CONGRESS Ch. 1 § 3

meeting at 12 o’clock merid- applicable, it shall ‘‘be the standard ian was construed to permit time for the District of Columbia.’’ meeting at 12 o’clock noon In the opinion of the Chair, Congress is bound by its own legislation in this when daylight savings time respect, and any statutes or rules must is in effect. be read in this interpretation. There is On Apr. 30, 1948,(3) Senator a vast body of precedent—as, for example, when the Senate recognized so- John H. Overton, of Louisiana, called daylight-saving time all through arose to make the point of order the first session of the present Eight- that the Senate was not legally in ieth Congress and consistently fixed its session, since the meeting was meeting time as 12 o’clock noon instead of 12 o’clock meridian. In the convened at 12 o’clock noon, day- opinion of the Chair, borne out by the light savings time, and the Senate clocks in the Senate Chamber, it is had formerly provided that the now 12 o’clock noon, which is the hour hour of daily meeting be at 12 to which the Senate recessed. o’clock meridian unless otherwise The point of order is overruled. ordered. President pro tempore Arthur H. Vandenburg, of Michi- Authorizing the Leadership to gan, stated that the Senate had Reassemble Congress agreed to recess from Apr. 30, § 3.16 The two Houses may au- 1948, to May 3, 1948, to meet at thorize, in the concurrent 12 o’clock ‘‘noon’’, and not 12 resolution to adjourn to a o’clock ‘‘meridian.’’ The President day certain, that the Speaker pro tempore stated further: of the House and the Presi- Under such circumstances, the real dent of the Senate, or the question submitted to the Chair is this: party leaders of both Houses, What is ‘‘noon’’ in the Senate when the convene the Houses on a District Commissioners, acting under authority of a law passed by this Con- date prior to that set in the gress, advance standard time by 1 resolution, on the grounds of hour by an order effective yesterday; legislative expediency. particularly when the District Commis- On July 8, 1943,(4) the House sioners are acting under a law favorably acted upon by the Senate within agreed to the following resolution: the last 60 days which it itself asserts Resolved by the Senate (the House of that when daylight-saving time is es- Representatives concurring), That when tablished by the District Commis- the two Houses adjourn on Thursday, sioners for the period for which it is July 8, 1943, they shall stand ad-

3. 94 CONG. REC. 5167–68, 80th Cong. 4. 89 CONG. REC. 7516, 78th Cong. 1st 2d Sess. Sess.

23 Ch. 1 § 3 DESCHLER’S PRECEDENTS

journed until 12 o’clock meridian on and therefore, pursuant to the author- Tuesday, September 14, 1943, or until ity granted us by House Concurrent 12 o’clock meridian on the third day Resolution 68, Seventy-ninth Congress, after their respective Members are no- you are hereby notified that Congress tified to reassemble in accordance with will reassemble in Washington at 12 section 2 of this resolution, whichever o’clock meridian on Wednesday, Sep- event first occurs. tember 5, 1945. Sec. 2. The President of the Senate and the Speaker of the House of Rep- The notification was signed by resentatives shall notify the Members the Speaker, the President pro of the Senate and House, respectively, tempore of the Senate, and the to reassemble whenever in their opin- Majority and Minority Leaders of ion legislative expediency shall warrant it or whenever the majority leader both Houses. of the Senate and the majority leader of the House, acting jointly, or the mi- Leadership Authority Over nority leader of the Senate and the mi- Time of Joint Meetings nority leader of the House, acting jointly, file a written request with the Sec- § 3.18 The Majority Leader of retary of the Senate and the Clerk of the House that the Congress reassem- the House may announce to ble for the consideration of legislation. the House the time and the place of an informal joint § 3.17 Form of announcement meeting of the Members of of congressional leaders call- both Houses. ing for reassembly of Con- (6) gress on an earlier date than On May 23, 1950, House Ma- jority Leader John W. McCor- that to which it was ad- mack, of Massachusetts, made the journed. following announcement: On Sept. 5, 1945,(5) the House met at 12 o’clock noon and was . . . On Wednesday [May 31, 1950], at the auditorium of the Library of called to order by Speaker Sam Congress, at 12:30 p.m., the Members Rayburn, of Texas. After prayer of both Houses of Congress, as on pre- was offered and the Journal was vious occasions when General Marshall read and approved, the Speaker has addressed us, will have the oppor- laid before the House the formal tunity and the pleasure of having Sec- notification, sent to the Members retary of State Acheson address us. of the House on Sept. 1, 1945, of . . . This will be a very important talk. After the Secretary of State has fin- the reassembling of Congress: ished his remarks, Members will be in In our opinion legislative expediency a position to and may ask him ques- warrants the reassembly of Congress tions.

5. 91 CONG. REC. 8320, 79th Cong. 1st 6. 96 CONG. REC. 7561, 81st Cong. 2d Sess. Sess.

24 ASSEMBLY OF CONGRESS Ch. 1 § 4

The House then granted unani- § 4. Place of Meeting mous consent for the Speaker pro tempore (7) to declare a recess, A constitutional provision relat- subject to the call of the Chair, on ing to the location of the meetings the scheduled date. of Congress (article I, section 5, clause 4) requires that either § 3.19 By unanimous consent House obtain the consent of the the House may authorize the other to sit in ‘‘any other Place Speaker, in advance, to de- than that in which the two termine the date of the joint Houses shall be sitting.’’ However, meeting to hear a guest. in none of its provisions does the On Oct. 17, 1945,(8) Mr. Brooks Constitution direct where the an- Hays, of Arkansas, arose to state nual assembly under the twen- a unanimous-consent request: tieth amendment is to take (10) Mr. Speaker,(9) I have learned that place. Gen. Douglas MacArthur will shortly Congress has appointed by stat- return to this country. I am sure that ute a seat of the federal govern- all the Members of the House will ment for the location of public of- want to hear him address the Con- fices and for the place of its meet- gress. I therefore ask unanimous consent, having discussed the matter with ings. Congress has affirmed its the Speaker and having consulted both authority, as an attribute of na- the majority and minority leaders, that tional sovereignty, to establish a it be in order for the Speaker to de- permanent seat of government,(11) clare a recess subject to the call of the Chair, at a date to be later named, 10. A general rule of statutory construc- during which period a joint meeting tion is that the acts of a legislative shall be held in this Chamber, at body meeting at an unauthorized which time General MacArthur will place may be invalidated. Suther- address us. land, Statutes and Statutory Con- Mr. Hays later added that ac- struction § 401 (3 ed. 1943). Federal cording to his request, the joint courts do not, however, generally question the regularity of the pro- meeting be held on a date agree- ceedings of Congress. Barry v U.S. ex able to General MacArthur and to rel Cunningham, 279 U.S. 597, 619 the Speaker. There was no objec- (1929); Yellin v U.S., 374 U.S. 109, tion. 146 (1963). 11. See the Act of Mar. 3, 1790, Ch. 28, 7. James P. Priest (Tenn.). 1 Stat. 30, establishing the seat in 8. 91 CONG. REC. 9756, 79th Cong. 1st the District of Columbia and locating Sess. it temporarily in Philadelphia. 4 9. Sam Rayburn (Tex.). USC §§ 71–72 now locates the per-

25 Ch. 1 § 4 DESCHLER’S PRECEDENTS to change the seat of government to be located in the District ment,(12) and to permit the Presi- of Columbia as of December 1800, dent to remove public offices or and designated Philadelphia as Congress itself under specified the interim seat between 1790 conditions.(13) and 1800.(15) Since Nov. 17, 1800, Congress therefore convenes for the opening of the second session an opening session at the place of the Sixth Congress, Congress determined by law to be the seat has met in Washington, D.C.,(16) of government. The first two ses- although there was extended de- sions of the First Congress assem- bate after the War of 1812 on a bled in New York City pursuant Senate bill to move the seat of ( ) to a resolution of the Continental government elsewhere. 17 Congress.(14) By the Act of Mar. 3, Although the Congress has had 1790, the First Congress provided but three seats of government, it for the permanent seat of govern- has occupied numerous structures or buildings. The New York and manent seat of government in the Philadelphia Chambers were lo- District. cated in public halls,(18) and Con- 12. Act of Mar. 3, 1790, Ch. 28, 1 Stat. 30. See also the post-Civil War de- 15. Ch. 28, 1 Stat. 30. bates on the authority of Congress to 16. Congress had originally provided to remove the seat of government, 28 begin meeting in the District of Co- ANNALS OF CONG. 346–75, 13th lumbia on the first Monday in De- Cong. 3d Sess., Oct. 5–6, 1814. cember, 1800. Act of Mar. 3, 1790, 13. The President is authorized under 2 Ch. 28, § 6, 1 Stat. 30. By the Act of USC § 27 to convene Congress else- May 13, 1800, Ch. 67, 2 Stat. 85, the where than the seat of government effective date was moved forward to in the case of contagious disease or the third Monday in November, Nov. other hazardous conditions. He may 17, 1800. On that date a quorum of also remove all public offices from the House was not present in Wash- the seat of government in the event ington and the House adjourned to of disease. 4 USC § 73. The Sixth begin legislative business on Nov. Congress authorized the President 18. 10 ANNALS OF CONG. 782, 6th by the Act of Apr. 24, 1800, Ch. 37, Cong. 2d Sess. 2 Stat. 55, to accelerate preparations 17. 28 ANNALS OF CONG. 346–75, 13th for the establishment of the seat of Cong. 3d Sess., Oct. 5–6, 1814. The government in the District of Colum- Senate bill was defeated in the bia. House. 14. Resolution of Sept. 13, 1788, 4 Jour- 18. In New York City the Congress sat nal of Continental Congress 866 in Federal Hall, Broad and Wall (1823 ed.), cited at 3 Hinds’ Prece- Streets, and in Philadelphia it occu- dents § 3. pied Congress Hall, 6th and Chest-

26 ASSEMBLY OF CONGRESS Ch. 1 § 4 gress has frequently been forced century, the House and the Sen- to vacate the Capitol building in ate have vacated their respective Washington due to repairs. Since Chambers in the Capitol building 1800, the longest period during pending repairs or remodeling.(3) which Congress has absented Although the Senate remained itself from the Capitol building during those periods within the was because of the War of 1812, Capitol, occupying the former Su- when the British Army nearly de- preme Court Chamber,(4) the stroyed the Capitol by fire.(19) For House moved across the street to over a year following the war, the caucus room of the New Congress sat in a makeshift House Office Building.(5) Neither Chamber located in another public the House nor the Senate con- building appointed by Presidential strued those temporary shifts in proclamation for the use of Con- the place of meeting, which al- gress.(20) For another five years tered the structural location but both Houses sat at a temporary Capitol built on Capitol Hill by 3. The first occasion lasted from Nov. private citizens for the express 22, 1940, 86 CONG. REC. 13715, 76th Cong. 3d Sess., until Jan. 2, 1941. (1) use of Congress, and leased by See the letter of Mr. David Lynn, Ar- ( ) the federal government. 2 On chitect of the Capitol, at 13715, rec- three occasions during the 20th ommending that the entire roof construction over both Chambers be nut. Guide to the Congress of the taken down and replaced by modern United States 370 (1971), Congres- fire-proof construction. From July 1, sional Quarterly, Inc. 1949, to Jan. 2, 1950, Congress once 19. Guide to the Congress of the United again left its Chambers pending re- States 373 (1971), Congressional pairs. See House resolution, June 28, Quarterly, Inc. 1949, 90 CONG. REC. 8571, 81st 20. A Presidential message appointed Cong. 1st Sess. The last period of re- the ‘‘public building heretofore allot- pairs requiring the removal of the ted for the Post and other public of- House lasted from Sept. 1, 1950 to fices.’’ 28 ANNALS OF CONG. 10, 13th Jan. 1, 1951. See House resolution Cong. 3d Sess., Sept. 19, 1814 (mes- returning the House to its Chamber, sage dated Sept. 17, 1814). Dec. 28, 1950, 96 CONG. REC. 17021– 1. See 29 ANNALS OF CONG. 10 14th 22, 81st Cong. 2d Sess. Cong. 1st Sess., Dec. 4, 1815. 4. See, e.g., Senate resolution of Nov. 2. Act of Dec. 8, 1815, Ch. 1, 3 Stat. 22, 1940, 86 CONG. REC. 13709, 76th 251 (authorizing the President to Cong. 3d Sess. lease the new building on Capitol 5. See, e.g., House resolution of June Hill pending repairs to the Capitol 28, 1949, 95 CONG. REC. 8571, 81st building). Cong. 1st Sess.

27 Ch. 1 § 4 DESCHLER’S PRECEDENTS not the place of the seat of govern- and informal meetings may be ment, to require the consent of held in other facilities, such as the the other House.(6) Therefore, a Library of Congress.(9) Those simple House resolution suffices types of assemblies, as well as to adjourn the House to meet in ceremonies and processions held another structure at the seat of outside the House Chamber,(10) do government.(7) not usually constitute official ses- On occasion the House provides sions of the House,(11) which for meetings elsewhere than in its stands in recess in order to at- Chamber for reasons other than tend.(12) The House is, however, repair. Joint meetings may be officially in session for inaugural held in the Senate Chamber,(8) ceremonies at the east front of the Capitol, as reflected by the tradi- 6. See § 4.1, infra. Compare the re- tional form of the resolution to marks of Mr. Clare E. Hoffman participate in inaugural cere- ONG EC (Mich.), at 90 C . R . 11683, (13) 81st Cong. 1st Sess., Aug. 17, 1949, monies. contending that the House was not a 9. See §§ 4.3–4.5, infra. competent, legal tribunal since it was sitting in the caucus room with- 10. The House does not attend cere- out having obtained prior Senate monies outside the Capitol building consent. Mr. Hoffman argued in his as an organized body. 5 Hinds’ remarks that the ‘‘over-whelming Precedents §§ 7061–64. The House weight of legal authority . . . is to has discussed but not settled the the effect that, as to courts and legis- question as to its power to compel a lative bodies, the word ’place’ cannot Member to attend an occasion of be stretched to cover the territorial ceremony outside the Hall. 2 Hinds’ limits of the city, township, county, Precedents § 1139. or state.’’ He concluded that a joint 11. Rule XXXI, House Rules and Manual resolution was required to ratify the § 918 (1973), requires that the Hall otherwise ultra vires action of the of the House be used only for legisla- House. tive business and caucus meetings, 7. A simple House resolution provided except where the House by resolu- for the removal of the House from tion agrees to participate in cere- the old Chamber to the new Hall in monies therein. Rule XXIX, House the south wing of the extension of Rules and Manual § 914 (1973), pro- the Capitol on Dec. 14, 1857. 5 vides for secret sessions to be held in Hinds’ Precedents § 7271. the Hall of the House. 8. For attendance of the House in the 12. For an instance where the House at- Committee of the Whole at impeach- tended funeral services in the Senate ment proceedings in the Senate Chamber without an adjournment or Chamber, see 3 Hinds’ Precedents recess, see 5 Hinds’ Precedents § 2351. See Ch. 36, infra, for joint § 7045. meetings. 13. See § 4.7, infra.

28 ASSEMBLY OF CONGRESS Ch. 1 § 4

Meeting in a Structure Other sire to hear the gentleman on the point Than the Capitol of order. MR. HOFFMAN: May I cite the sec- § 4.1 The House may, without tion? THE SPEAKER: The gentleman may the consent of the Senate, extend his remarks to do that.(17) provide for a meeting of the House in the caucus room of § 4.2 A resolution is necessary a House office building with- to authorize the House to re- out violating the constitu- sume sitting in its Chamber tional prohibition against after sitting in another struc- meeting in another place ture. without the consent of the On Dec. 28, 1950,(18) Mr. Albert other House. Thomas, of Texas, offered a reso- On Aug. 17, 1949,(14) Mr. Clare lution to adjourn, as follows: E. Hoffman, of Michigan, stated a MR. THOMAS: Mr. Speaker, I ask point of order, as follows; unanimous consent for the immediate consideration of House Resolution 894. MR. HOFFMAN: Mr. Speaker, I make a point of order. My point of order is that the House was legally in session that inasmuch as the House is now sit- despite the provisions of the Legisla- ting in the committee room of the tive Reorganization Act of 1946, Ch. Ways and Means Committee in the 753, § 132, 60 Stat. 812, requiring New House Office Building and that adjournment by the end of July; he the Senate has not consented to the ac- based his ruling on the decision that tion which the House took some time previously, the House is not a com- a continually existing national emer- petent, legal tribunal, qualified under gency precluded the operation of the the Constitution to act. I want to be Legislative Reorganization Act. 95 heard. CONG. REC. 10486, 10591, 10777, THE SPEAKER: (15) The Chair is ready 10858, 81st Cong. 1st Sess. See also to rule. The Chair overrules the point § 3.7, supra. of order. 17. Mr. Hoffman’s extension of remarks, MR. HOFFMAN: May I not cite the at 95 CONG. REC. 11683, 81st Cong. provision of the Constitution? 1st Sess., proposed that the term THE SPEAKER: The Chair is ready to ‘‘place’’ in art. I, § 5, clause 4 of the rule and has ruled on that question Constitution could not be stretched four times.(16) The Chair does not de- to include the territorial limits of a city, and that Senate consent was re- 14. 95 CONG. REC. 11651, 81st Cong. 1st quired for the House to sit as an au- Sess. thorized tribunal in the caucus room 15. Sam Rayburn (Tex.). of the House office building. 16. The Speaker had ruled on Aug. 1, 18. 96 CONG. REC. 17021–22, 81st Cong. Aug. 2, Aug. 4, and Aug. 5, 1949, 2d Sess.

29 Ch. 1 § 4 DESCHLER’S PRECEDENTS

The Clerk read the resolution, as fol- the Members of the House would lows: meet with the Chief of Staff of the Resolved, That when the House Army and other generals in the adjourns Thursday, December 28, auditorium of the Library of Con- 1950, it adjourn to meet on Monday, January 1, 1951, at 12 o’clock merid- gress, for an off-the-record meet- ian in the Hall of the House. ing of the status of the war. Mr. John E. Rankin, of Mississippi, THE SPEAKER PRO TEMPORE: (19) Is there objection to the request of the then addressed the Speaker as fol- gentleman from Texas? lows: ( ) MR. ARENDS: 20 Reserving the right MR. RANKIN: Mr. Speaker, If I re- to object, Mr. Speaker, will the gen- member correctly, the statement of the tleman explain the resolution to the gentleman is that this would be an ex- House? I am sure we are interested in ecutive session? it. MR. MCCORMACK: Yes. MR. THOMAS: This resolution simply MR. RANKIN: Now, if we are going to makes it legal for the House to move hold executive sessions of the House, back into the Hall of the House, in the there is only one place that we are au- Capitol. It will be ready Monday. thorized by law to hold them, and that is in this Hall. The House agreed to the resolu- MR. MCCORMACK: This is not an ex- tion. ecutive session of Congress. MR. RANKIN: It is going to be a se- Secret Meetings cret session, and it ought to be, and it ought to be held in the Hall of the § 4.3 An off-the-record meeting House of Representatives. on war progress has been MR. MCCORMACK: This is not an ex- ruled not an executive ses- ecutive session of Congress. MR. RANKIN: It is unnecessary for sion of the House required to the Congress of the United States to be be held in the House Cham- going off to some other building to hear ber.(1) these leaders report on the war when we have the Hall of the House of Rep- ( ) On Oct. 18, 1943, 2 Majority resentatives built and equipped for Leader John W. McCormack, of that purpose. Massachusetts, announced that Will not the gentleman modify his request to have that meeting here in 19. Wilbur D. Mills (Ark.). this Hall? (3) 20. Mr. Leslie C. Arends (Ill.). THE SPEAKER: The Chair would not recognize the gentleman for that 1. Compare Rule XXIX, House Rules purpose and the gentleman would not and Manual § 914 (1973) which pro- make such a request. vides for secret sessions to be held in The time of the gentleman has ex- the House Chamber. pired. 2. 89 CONG. REC. 8433, 78th Cong. 1st Sess. 3. Sam Rayburn (Tex.).

30 ASSEMBLY OF CONGRESS Ch. 1 § 4

§ 4.4 The Majority Leader of Joint Meetings and Ceremonies the House, in setting the Outside the House Chamber time of a secret briefing of Members of Congress, did § 4.5 The Majority Leader of not state the place of meet- the House announced an ining, where the place was to formal joint meeting of the be kept confidential. Members of the two Houses, to be held in the Library of On Jan. 23, 1945,(4) Speaker Congress. Sam Rayburn, of Texas, recognized Majority Leader John W. On May 23, 1950,(5) Majority McCormack, of Massachusetts, to Leader John W. McCormack, of make the following announce- Massachusetts, announced that on ment: Wednesday next, May 31, 1950, Mr. Speaker, I desire again to an- the Members of the House would nounce to the Members of the House meet informally at the auditorium that there will be a meeting held to- of the Library of Congress to hear morrow morning at 9 o’clock.... Secretary of State Dean Acheson I am sure it will be a meeting we will all be pleased to attend as General in connection with the meetings of Marshall and Admiral King will be the foreign ministers of the Atlan- there. I am unable to say who else will tic Pact countries. The Speaker he there but these two outstanding was authorized to declare a recess leaders of our armed forces will be there to speak to us, as I have said, in subject to the call of the Chair on an off-the-record discussion. Wednesday, May 31. Parliamentarian’s Note: The § 4.6 A joint meeting has been Members of the House were asked held in the Senate Chamber to keep the place of the meeting pursuant to an informal Sen- secret; it was held in the Coolidge ate invitation to the House, Auditorium of the Library of Con- the unexpectedness of a gress. The meeting, which dealt guest’s arrival precluding with the progress of the war, was formal arrangements. attended by 316 House Members, the Commissioners from the Phil- On Dec. 26, 1941,(6) the Speaker ippines and from Puerto Rico, the pro tempore, William P. Cole, Jr., Delegate from Alaska, and 60 Members of the Senate. 5. 96 CONG. REC. 7561, 81st Cong. 2d Sess. 4. 91 CONG. REC. 435, 79th Cong. 1st 6. 87 CONG. REC. 10119, 77th Cong. 1st Sess. Sess.

31 Ch. 1 § 4 DESCHLER’S PRECEDENTS of Maryland, made the following 1961, it stand adjourned until 11 a.m. announcement: Friday, January 20, 1961; that upon convening at that hour the House pro- . . . On Wednesday last the major- ceed to the east front of the Capitol for ity leader of the Senate informed the the purpose of attending the inaugural Chair that he had, in the name of the ceremonies of the President and Vice Senate, extended an invitation to the President of the United States; and Right Honorable Mr. Winston Church- that upon the conclusion of the cere- ill, Prime Minister of Great Britain, to monies the House stand adjourned attend the session of the Senate today until Monday, January 23, 1961. at 12:30 o’clock p.m. and address them. Senator Barkley,(7) on behalf of the Senate, asked me to extend to the Members of the House an invitation to § 5. Clerk as Presiding Of- be present in the Senate Chamber today at that time to hear the Prime ficer; Authority Minister. Owing to the shortness of the time, it was found impossible to make On the opening day of the first any formal arrangements. The Chair session of a new Congress, the has informally accepted for the House elected Clerk of the preceding the invitation of Senator Barkley, and those Members of the House who wish Congress calls the House to order to hear the Prime Minister will form in and presides until the election of ( ) line in the middle aisle, after the a Speaker. 9 The main duties of present occupant of the chair and the the Clerk at the organization of majority and minority leaders, and the House are ascertaining a proceed to the Senate Chamber. quorum through a call of the The House then recessed to attend Clerk’s roll, and presiding over the joint meeting in the Senate the election of a Speaker.(10) In Chamber. current practice, the organizational steps over which the Clerk § 4.7 Pursuant to resolution, presides consume only a small the House stands in session portion of opening day. The prac- while attending the inau- tice has not always been so, as gural ceremonies on the east Clerks have presided at some front of the Capitol. Congresses for a period of days and even weeks.(11) On Jan. 16, 1961,(8) the House agreed to the following resolution, 9. 1 Hinds’ Precedents §§ 64–65. offered by Mr. John W. McCor- 10. For a description of the organiza- mack, of Massachusetts: tional steps over which the Clerk Resolved, That when the House ad- presides, see § 5.1, infra. See also 1 journs on Wednesday, January 18, Hinds’ Precedents § 81. For detail on the preparation of the Clerk’s roll, 7. Sen. Alben W. Barkley (Ky.). see Ch. 2, infra. 8. 107 CONG. REC. 730, 87th Cong. 1st 11. 1 Hinds’ Precedents §§ 65, 67, 70, Sess. 204. In those instances, difficulties

32 ASSEMBLY OF CONGRESS Ch. 1 § 5

The authority of the Clerk to also enumerates duties of the Ser- preside at the assembly of a new geant at Arms, under the direc- Congress is derived from custom tion of the Clerk of the preceding as well as statutory sources.(12) Congress, at the assembly of a Unlike the Speaker, whose term new House.(17) ceases with the assembly of a new At the beginning of early Con- Congress, the Clerk continues in gresses, the Clerk of the preceding office by tradition until the elec- House refused to decide many tion of new officers.(13) In early questions of order, referring them Congresses, the House provided instead to the House.(18) Begin- by a special rule that the Clerk ning in 1860, however, Rule III of should continue in office until an- the House rules (19) took on in sub- ( ) other should be chosen, 14 but stance its present form, author- later constructions determined izing the Clerk to decide questions that one House could not by rule of order subject to appeal; al- ( ) bind its successor. 15 In requiring though not binding while the the Clerk of the preceding House Clerk is presiding, the rule exerts to prepare the roll of Representa- persuasive effect on the construc- tives-elect for the new Congress, tion of the Clerk’s authority to de- Title 2 of the United States Code cide points of order.(20) As pre- provides for the functioning of the Clerk beyond the term of office for 17. See 2 USC § 79. Like Rule III of the which elected; similarly, the code House Rules and Manual, § 637 provides for the Sergeant at Arms, (1973), Rule IV clause 1, § 648, per- and in his absence the Doorkeeper taining to the Sergeant at Arms’ duties pending the election of a Speak- of the preceding House, to perform er, and Rule V clause 1 § 651, relat- the Clerk’s functions in the case of ing to the Doorkeepers’ duties pend- vacancy in his office.(16) The Code ing the election, are not technically in effect at the time those duties are in the call of the roll and in the elec- performed. tion of the Speaker kept the Clerk in 18. See 1 Hinds’ Precedents §§ 68–72. the chair for long periods of time. 19. Rule III clause 1, House Rules and 12. See also Rule III clause 1, House Manual § 637 (1973). Rules and Manual § 637 (1973). 20. For the history and effect of the rule, 13. 1 Hinds’ Precedents §§ 187, 188, 235, see 1 Hinds’ Precedents § 64. When 244. coupled with the former provision 14. 1 Hinds’ Precedents §§ 187, 235; 5 that rules of one House applied to Hinds’ Precedents § 6743. the organization of its successor (5 15. 5 Hinds’ Precedents § 6747. Hinds’ Precedents §§ 6743–46), Rule 16. 2 USC § 26. See also § 5.2, infra. III gave the Clerk explicit authority

33 Ch. 1 § 5 DESCHLER’S PRECEDENTS siding officer, the Clerk has con- The House may, in lieu of hav- sistently refused to entertain ing the Clerk preside, choose one propositions not consistent with of the Members-elect to preside as ( ) the organization of the House; 1 Chairman until the election of a he has refused, for example, to en- Speaker.(5) This method has been (2) tertain protests, and has de- taken by the House when organi- clined to hear motions referring a zational business was impeded by subject to committee (3) or relating to contested election cases.(4) the refusal of the Clerk to entertain certain questions or mo- ( ) to decide points of order (1 Hinds’ tions. 6 Precedents §§ 76–77). In 1890, how- The Clerk may preside at the ever, the theory that one House opening of a new session of an ex- could by rule bind its successor was overthrown (5 Hinds’ Precedents isting Congress, or even at the be- § 6747). ginning of a daily meeting during 1. See, in general, 1 Hinds’ Precedents a session, when the Speaker has §§ 68–80. died in office,(7) since the author- As to the capacity of the House to transact general legislative business ity of the Speaker pro tempore while the Clerk is presiding and before the election of a Speaker, the cedure of the House of Representa- House has determined such proce- tives 14 (1916), the Clerk of the dure to be foreclosed by the Act of House attempted in one instance 1789, Ch. 1, § 2, 1 Stat. 23, as (cited at 1 Hinds’ Precedents § 67) to amended, 2 USC § 25 (1948), requir- use his powers and duties at the ing the administration of the oath to opening of the new Congress to de- the Speaker, Members, and the re- termine which political party would elected Clerk before the House en- control the House of Representatives. ters into other business. See 1 Hinds’ In 1839, Clerk Hugh A. Garland Precedents §§ 6647–49 (rulings by the House that the Clerk could re- ‘‘discovered that by omitting the ceive a message from the President names of contestants from New Jer- but could not read it, as reading the sey the roll would stand 118 in favor message constituted business). For of his own party, a sufficient number other rulings on the requirement to elect a Speaker. Accordingly, that legislative business await the when New Jersey was reached in the election of officers and the swearing roll call, Garland cunningly ex- in of Members and of the Clerk, see plained that as he had no authority 1 Hinds’ Precedents §§ 130, 241, 243; to settle contests he would complete contra (allowing business before the the call and then submit the New election of the Clerk), 1 Hinds’ Precedents §§ 242, 244, 245. Jersey matter to the House for its 2. 1 Hinds’ Precedents § 80. decision.’’ 3. 1 Hinds’ Precedents § 78. 5. 1 Hinds’ Precedents §§ 66–67. 4. See 1 Hinds’ Precedents § 67. Ac- 6. See 1 Hinds’ Precedents § 67. cording to Alexander, History of Pro- 7. See 1 Hinds’ Precedents § 234.

34 ASSEMBLY OF CONGRESS Ch. 1 § 5 terminates upon the death of the As the law directs, the Clerk of the Speaker.(8) If the Clerk presides in House has prepared the official roll of that situation, he first ascertains the Representatives-elect. the presence of a quorum, and Credentials covering the 435 seats in then proceeds immediately to the the 90th Congress have been received election of a Speaker.(9) and are now on file with the Clerk of the 89th Congress. Clerk as Presiding Officer; Or- The names of those persons whose ganizational Procedure credentials show they were regularly elected in accordance with the laws of § 5.1 Following opening prayer the several States and of the United and before the election of the States will be called; and as the roll is called, following the alphabetical order Speaker at the opening of a of the States, beginning with the State new Congress, the Clerk of of Alabama, Representatives-elect will the preceding Congress takes answer to their names to determine the following organizational whether or not a quorum is present. steps: announces the receipt The reading clerk will call the roll. of credentials; causes the roll The Clerk called the roll by States and the following Representatives-elect to be called alphabetically by answered to their names:... states to establish a quorum; THE CLERK: The roll call discloses announces the establishment that 434 Representatives-elect have of a quorum; announces va- answered to their names. cancies in the House occur- A quorum is present. ring since national elections. The Clerk will state that credentials are on file showing the election of the On Jan. 10, 1967,(10) the Clerk Honorable Santiago Polanco-Abreu as of the 89th Congress, Ralph R. Resident Commissioner from the Com- Roberts, of Indiana, announced as monwealth of Puerto Rico. follows after the House had been The Clerk also wishes to announce called to order and had heard there is a vacancy in the Second Dis- prayer: trict of Rhode Island occasioned by the Representatives-elect for the 90th recent death of the Honorable John E. Congress . . . this is the day fixed for Fogarty. the meeting of the 90th Congress. Presiding Officer in Absence of 8. See §§ 6.6, 6.7, infra. 9. For the procedure of the election of Clerk the Speaker, both at a new Congress and at a new session of the same § 5.2 In the absence of both the Congress, see § 6, infra. Clerk of the House and the 10. 113 CONG. REC. 11, 12, 90th Cong. Sergeant at Arms, the Door- 1st Sess. keeper of the preceding Con- 35 Ch. 1 § 5 DESCHLER’S PRECEDENTS

gress calls the House to tion, of privileged character, was order on the opening day of formerly made to proceed to the ( ) a new Congress. election of the Speaker, 14 in con- ( ) temporary practice the Clerk sim- On Jan. 3, 1947, 11 the assem- ply declares to the House that the bly date of the first session of the election of the Speaker is the next 80th Congress, following the order of business.(15) In early Con- death of the Clerk of the House gresses, the motion was used to and in the absence of the Ser- determine the method by which ( ) geant at Arms, the Doorkeeper of the Speaker would be elected; 16 the House of Representatives of since 1839, however, the Speaker has been chosen by viva voce vote the 79th Congress, Ralph R. Rob- on a roll call with tellers, and erts, of Indiana, called the House Members respond with the name to order and directed the call of of the nominee of their choice the roll.(12) when called on the roll.(17) Al- though the Clerk appoints tellers for the election,(18) the House and § 6. Election of the Speak- The priority of the election of the er Speaker is dictated by 2 USC § 25, requiring the administration of the Ordinarily, the second order of oath to him, and by him to Members business at the opening of a new and to the Clerk, before the House Congress, after the ascertainment enters into other business. of a quorum through the calling of 14. 1 Hinds’ Precedents §§ 212–14. The motion is debatable (1 Hinds’ Prece- the Clerk’s roll, is the election of dents § 213), and is of higher privi- the Speaker.(13) Although a mo- lege than a motion to correct the Clerk’s roll. 1 Hinds’ Precedents 11. 93 CONG. REC. 33, 80th Cong. 1st §§ 19–24. Sess. On one occasion, the Speaker held 12. 2 USC § 26 appoints the Sergeant at the motion to adjourn preferential Arms and in his absence the Door- over a resolution declaring the office keeper of the preceding House to as- of Speaker vacant and providing for sume the Clerk’s functions at the the election of a Speaker. 8 Cannon’s opening of Congress, if the Clerk’s Precedents § 2641. office should become vacant between 15. See § 6.1, infra. Congresses. 16. See 1 Hinds’ Precedents §§ 204–11. 13. ‘‘The House of Representatives shall 17. 1 Hinds’ Precedents § 187 (the chose their Speaker and other Offi- Speaker was, in early Congresses, cers. . . .’’ U.S. Const. art. I, § 2, elected by ballot). clause 5. For the procedure of the 18. 1 Hinds’ Precedents § 217. See § 6.1, election in general, see § 6.1, infra. infra.

36 ASSEMBLY OF CONGRESS Ch. 1 § 6 not the Clerk determines what Minority Leader presents the method of voting to use.(1) A ma- Speaker-elect to the member- jority vote of those Members or ship,(5) and he addresses the Members-elect present, if a House and requests a Member- quorum, suffices to elect a Speak- elect, usually the oldest Member er.(2) in continuous service, to admin- After announcing that the ister the oath to him.(6) The codi- House will proceed to the election fied oath administered to the of a Speaker, the Clerk accepts Speaker is the same as that used nominations of candidates for the by him to swear in the Members- office. There are usually two elect.(7) nominations, one from the chair- In most Congresses a Speaker man of each party caucus or con- has been elected and sworn well ference.(3) The Clerk announces before the end of opening day; the result of the vote, and de- however, election contests for the clares the chosen Member to be office of Speaker have consumed the duly elected Speaker of the up to nineteen days at the begin- House.(4) A committee, appointed ning of new Congresses.(8) On one by the Clerk, then escorts the occasion, the House requested all Speaker-elect to the Chair. The candidates for the Speaker’s office

1. 1 Hinds’ Precedents § 210. 5. After the election of the Speaker and 2. 1 Hinds’ Precedents §§ 215–16. Twice before he has been conducted to the the Speaker has been chosen by a chair no debate or business is in plurality vote, but on both occasions order. 1 Hinds’ Precedents § 219. the vote was confirmed by a majority 6. ‘‘[T]he oath of office shall be adminis- vote. 1 Hinds’ Precedents § 221. For tered by any Member to the Speaker one instance where the Speaker was .... ’’ 2 USC § 25. elected by resolution, see § 6.3, infra. Although the practice is to have Members not on the Clerk’s roll are the dean of the House administer not allowed to vote for Speaker (see the oath to the Speaker (1 Hinds’ Ch. 2, infra). Precedents §§ 130–33), the custom is 3. See § 6.1, infra. not always followed. 6 Cannon’s 4. If the House authorizes the election Precedents §§ 6–7. of the Speaker by a plurality vote in- 7. The Constitution requires, in art. VI, stead of a majority vote, the declara- clause 3, that all Members (including tion naming the elected Speaker the Speaker) take the oath, whose must be made by the House, through form is found at 5 USC § 3331. a resolution, and not by the Clerk or 8. See 1 Hinds’ Precedents §§ 221–23; 5 by a Member. 1 Hinds’ Precedents Hinds’ Precedents §§ 5356, 6647, § 222. 6649; 6 Cannon’s Precedents § 24.

37 Ch. 1 § 6 DESCHLER’S PRECEDENTS to state their opinions upon im- tion and by rule, presides at such portant political questions before elections since the authority of the proceeding to the election.(9) The Speaker pro tempore, if one has most recent protracted contest been appointed or elected, termi- over the Speaker’s election, in nates with the death of the Speak- 1923, could not be resolved until er.(13) One difference in election after the procedure for the adop- procedure between that at the tion of rules had been pre- opening of a Congress and that sented,(10) contrary to the usual during the term is that in the lat- practice of postponing consider- ter situation the quorum to elect ation or adoption of rules until is established through the calling after the election of the Speak- of the roll alphabetically by name ( ) er. 11 and not by state,(14) although in The election of a new Speaker former times the call was by state may occur at the beginning of a in both instances.(15) One further second or third session, or during distinction is that a Speaker elect- a session, when the Speaker dies ed during a Congress must resign in office. The procedure followed from the committees on which he by the House in that situation is has served while a Member,(16) substantially the same as that used at the beginning of a new Although a Member who is chosen Congress;(12) the Clerk, by tradi- Speaker after organization of the House has already taken the oath of 9. 1 Hinds’ Precedents § 218. office as a Member, it must be ad- 10. See 6 Cannon’s Precedents § 24. ministered to him again upon elec- 11. Although specific rules as to debate tion as Speaker. 1 Hinds’ Precedents and decorum have been adopted be- § 225. fore the election of the Speaker (1 13. Rule III clause 1, House Rules and Hinds’ Precedents §§ 94–102), the Manual § 637 (1973), specifically pro- House has construed the Act of June vides for the Clerk to preside pend- 1, 1789, Ch. 1, § 2, 1 Stat. 23, as ing the Speaker’s election. See also 1 amended, 2 USC § 25 (1948), to re- Hinds’ Precedents §§ 232, 234, and quire the election of the Speaker and § 6.6, infra. the administration of the oath to him 14. See § 6.8, infra. For an occasion and to Members-elect to take prece- where a quorum was not established dence over other organizational busi- before the election of the Speaker, ness. 1 Hinds’ Precedents §§ 130, see § 6.3, infra (the Speaker was 140. elected by resolution). 12. See, in general, 1 Hinds’ Precedents 15. See 1 Hinds’ Precedents §§ 232, 234. §§ 224–26, 231–34; see also §§ 6.6– 16. 1 Hinds’ Precedents § 230. See § 6.5, 6.7, infra. infra. For the Speaker’s competence

38 ASSEMBLY OF CONGRESS Ch. 1 § 6 whereas at the beginning of a new chair; request by the Speak- Congress the election of the er-elect of a Member-elect to Speaker takes place well before administer the oath of office the making of committee assign- to the Speaker; administra- ments. tion of the oath to the Speak- er. Procedure for Election of On Jan. 10, 1967,(17) after the Speaker establishment of a quorum on the § 6.1 The election of the Speak- opening day of the 90th Congress, the House proceeded as follows, er at the beginning of a new with Ralph R. Roberts, of Indiana, Congress, presided over by presiding as Clerk: the Clerk of the previous Congress, proceeds as fol- THE CLERK: The next order of busi- lows: declaration by the ness is the election of a Speaker of the Clerk of the election of the House of Representatives for the 90th Congress. Speaker as the next order of Nominations are now in order. business; recognition by the MR. ROSTENKOWSKI: (1) Mr. Clerk, as Clerk of the Chairman of the chairman of the Democratic caucus, I Democratic Caucus and the am directed by the unanimous vote of Chairman of the Republican that caucus to present for election to the Office of the Speaker . . . the Conference for nominations name of the Honorable John W. for Speaker; appointment of McCormack [Mass.]. . . . tellers for the election of the MR. LAIRD: (2) Mr. Clerk, as chair- Speaker; calling of the roll; man of the House Republican con- announcement of the result ference and by authority, by direction, and by unanimous vote of the Repub- of the vote; declaration by lican conference, I nominate for Speak- the Clerk naming the new er . . . the Honorable Gerald R. Ford Speaker of the House; ap- [Mich.].... pointment by the Clerk of a THE CLERK: The Honorable John W. committee to escort the McCormack . . . and the Honorable Gerald R. Ford . . . have been placed Speaker-elect to the chair; in nomination. Minority Leader presents the . . . There being no further nomina- Speaker-elect to the member- tions, the Clerk will appoint tellers. ship; address of the Speaker- elect to the House from the 17. 113 CONG. REC. 12–14, 90th Cong. 1st Sess. to hold committee assignments, see 1. Mr. Daniel D. Rostenkowski (Ill.). Ch. 6, infra. 2. Mr. Melvin R. Laird (Wisc.).

39 Ch. 1 § 6 DESCHLER’S PRECEDENTS

The Clerk appoints.... ana, presented to the House, after Tellers will come forward.... the election but before the oath of The roll will now be called, and office, Speaker-elect John W. those responding to their name will in- McCormack, of Massachusetts. dicate by surname the nominee of their choice. The following is the result of the Election of Speaker by Resolu- vote. . . . tion Therefore, the Honorable John W. McCormack, of Massachusetts, is the § 6.3 On occasion, the Speaker duly elected Speaker of the House of has been elected by resolu- Representatives for the 90th Congress, tion. having received a majority of the votes ( ) cast. On June 4, 1936, 4 following The Clerk appoints the following the death, during the session of committee to escort the Speaker-elect Congress, of Speaker Joseph W. to the chair. . . . Byrns, of Tennessee, the House The Doorkeeper announced the elected a Speaker by the following Speaker-elect of the House of Rep- resolution: resentatives of the 90th Congress, who was escorted to the chair by the com- Resolved, That Hon. William B. mittee of escort. . . . Bankhead, a Representative from the [The Minority Leader presents the State of Alabama, be, and he is hereby Speaker-elect to the Membership.] elected Speaker of the House of Rep- MR. MCCORMACK: My dear resentatives. friends. . . . Resolved, That the President and the I am now ready to take the oath of Senate be notified by the Clerk of the office and will ask the dean of the election of Hon. William B. Bankhead House of Representatives, the Honor- as Speaker of the House of Representa- able Emanuel Celler, of New York, to tives. administer the oath. (5) Mr. Celler then administered the On Sept. 16, 1940, following oath of office to Mr. McCormack. . . . the death, during the session, of Speaker Bankhead, the House § 6.2 The Minority Leader of elected a Speaker by the following the House addressed the resolution: House from the Speaker’s HOUSE RESOLUTION 602 rostrum and presented the Speaker-elect. Resolved, That Hon. Sam Rayburn, a Representative from the State of On Jan. 10, 1962,(3) Minority Leader Charles Halleck, of Indi- 4. 80 CONG. REC. 9016, 74th Cong. 2d Sess. 3. 108 CONG. REC. 6, 87th Cong. 2d 5. 86 CONG. REC. 12231, 76th Cong. 3d Sess. Sess.

40 ASSEMBLY OF CONGRESS Ch. 1 § 6

Texas, be, and he is hereby, elected without objection, from the Com- Speaker of the House of Representa- mittees on Government Oper- tives. ations and Science and Astronau- Resolved, That the President and the Senate be notified by the Clerk of the tics, and from the Franklin Dela- election of Hon. Sam Rayburn as no Roosevelt Memorial Commis- Speaker of the House of Representa- sion. tives. Election of Speaker During a Administration of Oath to Session or at Opening of Sec- Speaker; Resignation From ond Session Committees § 6.6 Following the death of § 6.4 The oath of office is ad- the Speaker, between ses- ministered to the Speaker- sions of a Congress, the au- elect, at his request, by the thority of an elected Speaker dean of the House. pro tempore terminates, and On Jan. 10, 1962,(6) after Speak- the Clerk presides at the re- er-elect John W. McCormack, of convening until the election Massachusetts, had been escorted of a new Speaker. to the chair, he was administered On Jan. 10, 1962,(8) the Clerk of the oath of office, at his request, the House, Ralph R. Roberts, of by the dean of the House, Mr. Indiana, called the second session Carl Vinson, of Georgia. of the 87th Congress to order for the purpose of electing a new § 6.5 If elected after the orga- Speaker. The Honorable John W. nization of the House, the McCormack, of Massachusetts, Speaker resigns from the elected Speaker pro tempore in committees of the House on the first session during the last which he had served while a absence of Speaker Rayburn, was Member. elected Speaker of the second ses- On Jan. 10, 1962,(7) the first sion. day of the second session, newly- elected Speaker John W. McCor- § 6.7 When a Speaker dies dur- mack, of Massachusetts, resigned, ing a session of Congress the Clerk calls the House to 6. 108 CONG. REC. 6, 87th Cong. 2d order, makes announcement Sess. 7. 108 CONG. REC. 8, 87th Cong. 2d 8. 108 CONG. REC. 5, 87th Cong. 2d Sess. Sess.

41 Ch. 1 § 6 DESCHLER’S PRECEDENTS

thereof, and presides over roll alphabetically by Members’ the election of a new Speak- names. er. On June 4, 1936,(9) the Clerk of the House, South Trimble, called § 7. Business Under the House to order during the sec- Speaker as Presiding Of- ond session and announced the ficer sudden death, during the early morning hours, of the Speaker, After the Speaker has been the Honorable Joseph W. Byrns, elected and sworn at the begin- of Tennessee. The Clerk then pre- ning of a new Congress, he presided over the election of a new sides over the completion of all or- Speaker.(10) ganizational business.(12) The three most important stages that § 6.8 When a vacancy arises in remain after the election of the the Speaker’s office during Speaker, and which are required the term of a Congress, the by the Constitution, are the ad- quorum to elect a new ministration of the oath to Mem- Speaker is established by an bers-elect,(13) the election of offi- alphabetical roll call. cers,(14) and the adoption of the ( ) On Jan. 10, 1962,(11) following rules of the House. 15 Another es- the death, in office, of Speaker sential step which the Speaker Sam Rayburn, of Texas, a quorum takes, although not required by to elect a Speaker was established the Constitution, is the adminis- by Clerk Ralph R. Roberts, of In- tration of the oath of office to the diana, who directed the call of the Clerk and to the other officers of the House.(16) There are various 9. 80 CONG. REC. 9016, 74th Cong. 2d Sess. 12. See § 7.1, infra. 10. Before the House proceeded to the 13. U.S. Const. art. VI, clause 3. For de- election, the roll was not called to es- tailed analysis, see Ch. 2, infra. tablish a quorum, as the House 14. U.S. Const. art. I, § 2, clause 5. See chose to elect the Speaker by resolu- Ch. 6, infra. tion. See § 6.3, supra. See also 86 15. U.S. Const. art. I, § 5, clause 2. See CONG. REC. 12231, 76th Cong. 3d § 10, infra. Sess., where the Clerk presided fol- 16. 2 USC § 25 requires the administra- lowing the death of Speaker tion to the Clerk of the oath to sup- Bankhead during the session. port the Constitution of the United 11. 108 CONG. REC. 5, 87th Cong. 2d States. Rule II, House Rules and Sess. Manual § 635 (1973) provides for

42 ASSEMBLY OF CONGRESS Ch. 1 § 7 other necessary orders of business Swearing in the Members, elect- which take place before organiza- ing the officers, and adopting the tion is finished, such as notifica- rules are only mentioned here, as tion to the Senate and to the these topics are dealt with else- President of the assembly of the where in this work. It should be House,(17) provision for a joint session to hear the President,(18) and briefly stated, however, that the adoption of standing orders.(19) Speaker’s authority in presiding over those procedural steps is Clerk, Sergeant at Arms, Door- carefully restricted by precedent: keeper, Post Master, and Chaplain he possesses no arbitrary power to to take the oath to support the Con- stitution; although not binding at or- administer the oath, and must ask ganization, the law and rule exert a Member-elect to step aside if his persuasive effect upon the adminis- right to take the oath is chal- tration of that oath to the officers. lenged; (20) a majority vote is re- The rule also provides for an oath of secrecy to be taken by the officers of quired for the election of offi- ( ) the House, but this requirement has cers, 1 who are usually chosen by faded into obsolescence. 1 Hinds’ resolution and not by the viva Precedents § 187. voce vote suggested by Rule II of 17. See 1 Hinds’ Precedents § 198 and the House Rules and Manual; (2) § 7.1, infra. 18. U.S. Const. art. II, § 3, provides for in proceeding to the adoption of the President to give to the Congress rules, the House is governed by from time to time information on the general parliamentary law, with state of the Union and to recommend weight given to the precedents measures. Up to 1801 the President (3) made a speech to Congress upon its and usages of past Congresses. assembly, but between 1801 and There is, in addition, a traditional 1913 messages were sent in writing, sequence of organizational busi- 5 Hinds’ Precedents § 6629. The practice of an oral state of the Union 20. See Ch. 2, infra. message at assembly has been fol- 1. See Ch. 6, infra. lowed since 1913 to the present, with 2. House Rules and Manual § 635 several exceptions. 8 Cannon’s Prece- (1973). If the officers are elected be- dents § 3333. No Presidential mes- fore the adoption of rules, as is the sage was delivered at the opening of the 93d Congress, but the President usual practice, Rule II, requiring a transmitted his intention to send viva voce vote, is not followed (see messages from time to time to the § 7.1, infra). If elected after adoption Congress. See, in general, Ch. 35, of rules, the officers may be chosen infra. by resolution if no objection is made. 19. The only standing order commonly 1 Hinds’ Precedents §§ 191–96. used is that to fix the hour of daily 3. See 5 Hinds’ Precedents §§ 6758–60. meeting; see § 3, supra. See also, in general, § 10, infra.

43 Ch. 1 § 7 DESCHLER’S PRECEDENTS ness which the House follows, al- Besides initiating organizational though minor variations have steps enumerated above, the been permitted in past Con- Speaker has other related duties gresses.(4) to perform.(5) He relays to the House information from the 4. The sequence of organizational steps, Speaker of the preceding Congress which appears at § 7.1, infra, is derived both from custom (see 1 Hinds’ on official actions taken during Precedents § 81) and from statute. the adjournment sine die, such as ‘‘At the first session of Congress appointments to commissions, cer- after every general election of Rep- tification to the U.S. Attorney of resentatives, the oath of office shall contempt cases arising in commit- be administered by any Member of tees of the preceding Congress, the House of Representatives to the resignations effective during ad- Speaker; and by the Speaker to all the Members and Delegates present, journment, and communications and to the Clerk, previous to enter- from foreign governments received ( ) ing on any other business. . . .’’ 2 during adjournment. 6 In addi- USC § 25. For rulings upholding the tion, recesses have been declared priority of the swearing in of Mem- by the Speaker during organiza- bers and the election of the Clerk be- tion, without a motion being fore adoption of the rules or other put.(7) business, based upon the Act of June 1, 1789, Ch. 1, § 2, 1 Stat. 23 (the At the opening day of a new former version of 2 USC § 25, whose session of the same Congress, the 1948 amendments left untouched the Speaker similarly presides over language above), see 1 Hinds’ Prece- organization, which consists pri- dents §§ 130, 140, 180, 237, 241, 243; marily of ceremonial and informa- 5 Hinds’ Precedents §§ 6647–49. For tional activities.(8) As Members occasions where variations were have already been sworn, rules upheld, see: 1 Hinds’ Precedents §§ 242, 244 (business transacted be- have already been adopted, and fore election of the Clerk); 1 Hinds’ officers have been elected, the Precedents §§ 93, 245 (rules adopted Speaker merely lays before the before election of the Clerk); 1 Hinds’ Precedents §§ 198–203, 240 (in the 5. One of the informal functions of the practice of early Congresses, the Speaker has been control of press Senate and the President were in- coverage on the opening day of a ses- formed of the organization of the sion. See, e.g., 92 CONG. REC. 20, House and election of the Speaker 79th Cong. 2d Sess., Jan. 15, 1946. before the election of the Clerk); 6 6. See §§ 7.7–7.10, infra. Cannon’s Precedents § 24 (procedure 7. See §§ 7.2, 7.3, infra. for adoption of rules presented before 8. For the procedure, in general, see the election of the Speaker). §§ 7.5, 7.6, infra.

44 ASSEMBLY OF CONGRESS Ch. 1 § 7

House letters of resignations effec- oath to them; passage of res- tive during adjournment and then olution to notify the Senate ascertains the presence of a of a quorum in the House; quorum.(9) The Senate and the passage of resolution author- President are notified of the as- izing the Speaker to appoint sembly of the House, and a joint a committee to notify the session is fixed for the receipt of President of Congress’ as- the Presidential message. Stand- sembly; report of that coming orders of the first session mittee, informing the House must be renewed.(10) of the time of the Presi- If the Speaker is to be absent dential message; passage of on the day set for the convening of concurrent resolution for a a consecutive session of the same joint session to hear the Congress, the House may be President; adoption of the called to order by a Speaker pro rules of the House; passage tempore if the Speaker has des- of resolution fixing the daily ignated one for that specific pur- hour of meeting. pose.(11) On Jan. 10, 1967,(12) after the House had elected John W. Organizational Steps With McCormack, of Massachusetts, Speaker Presiding Speaker, he swore in the Mem- § 7.1 Following the election of bers-elect all at one time, direct- the Speaker at the opening ing those whose right to be sworn of a new Congress, he pre- was challenged to step aside. sides over the following orga- After debate on the swearing in of a challenged Member, the House nizational steps in sequence: elected by resolution the Clerk, administration of the oath to Sergeant at Arms, Doorkeeper, Members-elect; election of of- Post Master, and Chaplain, who ficers and administration of were all administered the oath of 9. See § 7.5, infra. office by the Speaker. There were 10. Standing orders expire with the ses- then passed three resolutions, one sion. Jefferson’s Manual, House to notify the Senate of the organi- Rules and Manual § 386 (1973). zation of the House, one to ap- 11. See § 7.4. If a Speaker pro tempore point a committee to notify the has not been designated, the Clerk President of the assembly of Con- calls the House to order in the Speaker’s absence. 1 Hinds’ Prece- 12. 113 CONG. REC. 14–34, 90th Cong. dents § 227. 1st Sess.

45 Ch. 1 § 7 DESCHLER’S PRECEDENTS gress, and one to notify the Presi- the House in recess, on his dent of the election of the Speaker own initiative and without and the Clerk of the House. A res- objection. olution to adopt the rules of the (14) preceding Congress was offered, On Jan. 7, 1964, Speaker and the House passed the resolu- John W. McCormack, of Massa- tion, with an amendment. After chusetts, declared the House to resignations were laid before the stand in recess, without the mo- House, a resolution was passed tion being put, in order to await fixing the daily hour of meeting, the report of the committee ap- and the report of the committee to pointed to ask the President if he notify the President of the assem- had any communication to make bly of Congress was received. The concurrent resolution providing to the Congress. for a joint session to hear the state of the Union message from Presiding Officer in Absence of the President was offered and Speaker at Convening passed by unanimous consent. § 7.4 The Speaker being absent Authority of Speaker to De- on the day set for the con- clare Recess During Organi- vening of the second session, zation the House is called to order by a Speaker pro tempore if § 7.2 The House may authorize he has been previously des- the Speaker to declare re- ignated by the Speaker for cesses at any time, subject to that purpose. the call of the Chair, during On Jan. 10, 1966,(15) the con- organization. vening date of the second session (13) On Jan. 10, 1967, the open- of the 89th Congress, Speaker pro ing day of a new Congress, the tempore Carl Albert, of Okla- House granted unanimous consent that it be in order for Speaker homa, called the House to order John W. McCormack, of Massa- and laid the following communica- chusetts, to declare a recess at tion before the House: any time during the day. 14. 110 CONG. REC. 5, 88th Cong. 2d § 7.3 On the opening day of a Sess. session, the Speaker declared 15. 112 CONG. REC. 5, 89th Cong. 2d Sess. For the procedure where the 13. 113 CONG. REC. 34, 90th Cong. 1st Speaker has died between sessions, Sess. see § 6, supra.

46 ASSEMBLY OF CONGRESS Ch. 1 § 7

The SPEAKER’s Rooms, second session, the House U.S. House of Representatives, takes the following organiza- Washington, D.C., January 10, 1966: tional steps: provision for re- I hereby designate the Honorable Carl Albert to act as Speaker pro cess on the day of the joint tempore today. session to receive the Presi- JOHN W. MCCORMACK, dent’s state of the Union Speaker of the House of Representatives. message; authorization to the Procedure at Opening of Con- Speaker to appoint a com- secutive Session mittee to notify the Presi- dent of the assembly of Con- § 7.5 After calling the House to gress; notification to the Sen- order and following the ate of the assembly of the opening prayer at the begin- House; receipt of the report ning of a new session of an of the committee to notify existing Congress, the Speak- the President; passage of res- er lays before the House let- olution to fix the daily hour ters of resignations which of meeting; passage of con- became effective during the current resolution to set the adjournment and then joint session for the Presi- causes the roll to be called dent’s message. alphabetically to establish a On Jan. 6, 1948,(17) Speaker Jo- quorum. seph W. Martin, Jr., of Massachu- On Jan. 10, 1966,(16) following setts, called the House to order. the call to order and prayer at the By unanimous consent, the Speak- beginning of the second session, er was then authorized to declare Speaker pro tempore Carl Albert, a recess at any time subject to the of Oklahoma, laid before the call of the Chair on Jan. 7, 1948, House the resignation of a Mem- and was empowered by resolution ber of the House effective Dec. 30, to appoint three members of the 1965, and then directed the Clerk committee to notify the President to call the roll to establish a of the United States of the assem- quorum. The roll was called in al- bly of Congress. A resolution was phabetical order. then offered and passed to direct the Clerk of the House to inform § 7.6 After a quorum is estab- the Senate that a quorum was es- lished at the opening of a tablished in the House and that

16. 112 CONG. REC. 5, 6, 89th Cong. 2d 17. 94 CONG. REC. 4, 5, 80th Cong. 2d Sess. Sess.

47 Ch. 1 § 7 DESCHLER’S PRECEDENTS the House was ready to proceed torney a contempt case aris- with business. The committee to ing in a committee, he noti- notify the President reported that fies the House at the opening the President would deliver his day of the new Congress message to the Congress on Jan. through its new Speaker. 7, 1948. The House passed a reso- On Jan. 5, 1955,(19) Speaker lution fixing the daily hour of Sam Rayburn, of Texas, laid the meeting of the House, and a con- following communication before current resolution setting Jan. 7 as the date for the joint session to the House: hear the state of the Union mes- JANUARY 5, 1955. THE SPEAKER, sage from the President. House of Representatives, United States, Washington, D.C. Announcement of Official Ac- tions During Adjournment DEAR MR. SPEAKER: I desire to inform the House of Representatives that § 7.7 When the Speaker of the subsequent to the sine die adjournment preceding Congress, acting of the 83d Congress the Committee on under authority conferred by Un-American Activities reported to and the House, makes appoint- filed with me as Speaker a statement ments during adjournment of facts concerning the refusal of Lee sine die, he informs the Lorch, Robert M. Metcalf, and Norton Anthony Russell to answer questions House thereof at the con- before the said committee of the vening of a new Congress. House, and I, pursuant to the manda- On Jan. 4, 1965,(18) Speaker tory provisions of Public Resolution John W. McCormack, of Massa- 123, 75th Congress, certified to the chusetts, informed the House that United States attorney, southern dis- he had appointed four Members of trict of Ohio, the statement of facts the House of Representatives to concerning the said Lee Lorch and the Lewis and Clark Trail Com- Robert M. Metcalf on December 7, mission during adjournment sine 1954, and certified to the United die. States attorney, District of Columbia, the statement of facts concerning the § 7.8 Where the Speaker, sub- said Norton Anthony Russell on De- sequent to sine die adjourn- cember 7, 1954. ment, certifies to the U.S. At- Respectfully,

18. 111 CONG. REC. 25, 89th Cong. 1st 19. 101 CONG. REC. 11 84th Cong. 1st Sess. Sess.

48 ASSEMBLY OF CONGRESS Ch. 1 § 8

JOSEPH W. MARTIN, JR. tending an invitation to a congressional delegation to represent the Announcements of Resigna- United States at the ceremonies tions and Communications of marking the attainment of inde- Foreign Governments pendence for the Gold Coast.

§ 7.9 At the organization of a § 7.10 Letters notifying the new Congress, the Speaker Speaker of resignations ef- laid before the House re- fective during adjournment sponses of foreign govern- sine die are laid before the ments to resolutions extend- House upon the convening of ing greetings to them. a new Congress. On Jan. 5, 1955,(20) Speaker On Jan. 4, 1965,(1) Speaker Sam Rayburn, of Texas, laid be- John W. McCormack, of Massa- fore the House a communication chusetts, laid before the House a from Thruston B. Morton, Assist- letter from Mr. Ross Bass, of Ten- ant Secretary of State, informing nessee, resigning his seat in the the House that the legislative assembly of the Gold Coast had House of Representatives, and a passed a resolution on Oct. 27, letter from Frank G. Clement, the 1954, thanking the Congress of Governor of Tennessee, informing the United States for the greet- the Speaker of the receipt of the ings contained in a joint resolu- resignation of Mr. Bass. tion of the 83d Congress, and ex-

B. PROCEDURE § 8. Procedure Before technically binding upon the ( ) Adoption of Rules House, 2 except those required by the Constitution.(3) Where organi-

Before the House has reached 2. Although at one time the House pro- the stage of organization where vided for adopted rules to continue the standing rules are adopted, no in succeeding Congresses (5 Hinds’ specific rules of procedure are Precedents § 6743), it was finally determined in 1889 and 1890 that one 20. 101 CONG. REC. 11, 12, 84th Cong. House could not by rule bind its suc- 1st Sess. cessor (5 Hinds’ Precedents § 6747). 1. 111 CONG. REC. 25, 89th Cong. 1st 3. The Constitution requires in art. I, Sess. § 5, clause 1 that a quorum be

49 Ch. 1 § 8 DESCHLER’S PRECEDENTS zation proceeds smoothly, the lack While the Clerk is presiding he of rules does not hamper the does recognize Members,(10) but House in its completion of opening only those whose names are on business.(4) Where, however, elec- the roll,(10) and will entertain the tion contests arise, or debate and motion to adjourn,(12) the demand challenges prevent the completion for a yea and nay vote,(13) the mo- of the call of the Clerk’s roll, the tion to correct the roll,(14) the mo- House may find it necessary to tion to proceed to the election of a adopt, before the Speaker’s elec- Speaker,(15) and the motion to tion, specific rules as to debate elect a chairman in place of the and decorum, in order to facilitate Clerk.(16) the organization of the House.(5) As to other proposed motions, The House may either draft a spe- the general rule is that the Clerk cific rule authorizing the officers may entertain only those propo- of the preceding Congress to preserve order and decorum,(6) or 10. 1 Hinds’ Precedents § 74. temporarily adopt from the rules 11. 1 Hinds’ Precedents § 86. The Clerk of the preceding House only that may refuse to recognize a Member- portion relating to order and deco- elect who seeks to interrupt the call of the roll, particularly if the name rum (7) Similarly, the House may of the Member-elect is not on the provide by specific rule, before the roll. 1 Hinds’ Precedents § 84. election of the Speaker, for limita- 12. See 1 Hinds’ Precedents §§ 67, 89, ( ) tion on debate, 8 and for opening 92. The House may adjourn for more sessions with prayer.(9) than one day prior to the election of a Speaker. 1 Hinds’ Precedents § 89. present to do business but authorizes 13. 1 Hinds’ Precedents § 91. a smaller number to adjourn from 14. 1 Hinds’ Precedents §§ 19–21, 25. In day to day and to compel the attend- some cases, it has been held that the ance of absent Members. Art. I, § 5, Clerk may not entertain the motion clause 3 requires a Journal to be to correct the roll, on the ground kept and authorizes one-fifth of the that the preparing of the Clerk’s roll Members present to order the yeas is governed by statute (2 USC § 26) and nays. and is not discretionary. See 1 4. See, e.g., §§ 5.1, 6.1, and 7.1, supra. Hinds’ Precedents §§ 22–24. 5. See, generally, 1 Hinds’ Precedents 15. See 1 Hinds’ Precedents §§ 212–14. §§ 93–102. 16. See 1 Hinds’ Precedents § 66. When 6. See 1 Hinds’ Precedents § 101. the Clerk refused to put any motion 7. See 1 Hinds’ Precedents §§ 96–98, except that to adjourn, a Member- 102. elect offered a resolution to elect a 8. See 1 Hinds’ Precedents §§ 94–95. chairman from the floor. 1 Hinds’ 9. See 1 Hinds’ Precedents §§ 99–100. Precedents § 67.

50 ASSEMBLY OF CONGRESS Ch. 1 § 8 sitions consistent with the organi- In recent years, Members-elect zation of the House.(17) One Clerk have refrained from challenging refused to entertain any motion the Clerk’s roll or impeding the but that to adjourn, and even de- swift election of a Speaker,(3) and clined to put a motion to approve there has been little if any con- the last day’s Journal.(18) Other temporary dispute as to the proce- Clerks have presided at convening dure to be followed before the over the passage of resolutions, election of a Speaker. pertinent to organization, where After the election of the Speaker the previous question and the mo- and before adoption of the stand- tion to lay on the table were ining rules, he entertains those mo- voked.(19) tions which have been recognized Debates over the Clerk’s author- by precedent to apply under gen- ity as presiding officer (20) have, eral parliamentary law (§ 9 dis- however, established a number of cusses those motions in detail). As procedural guidelines; there is no no rule establishing an order of longer any question as to the business has at that point been Clerk’s power to preside at the be- adopted, it is in order for any ginning of a Congress,(1) nor is Member who is recognized by the there doubt that he lacks author- Chair to offer a proposition relat- ity to resolve election contests being to organization without asking fore the election of a Speaker.(2) the consent of the House.(4) How- ever, unanimous-consent requests 17. 1 Hinds’ Precedents § 80. See. in gen- and extensions of remarks are eral, § 5, supra. permitted at organization only in 18. 1 Hinds’ Precedents §§ 67, 92. The the Speaker’s discretion, and refusal of the Clerk to entertain the motion to approve the last day’s when they are pertinent to organi- Journal prevented the reading of the zation. For example, remarks in Journal for several days. 1 Hinds’ honor of late Members of Con- Precedents § 92. gress are regularly admitted.(5) 19. See 1 Hinds’ Precedents §§ 68–70, 75 (The House often adjourns out of 20. 20. See, in general, 1 Hinds’ Precedents Precedents § 2, for an instance where §§ 64–80. the Clerk stated, as a basis for his 1. For the derivation of the Clerk’s au- actions, the terms of 2 USC § 26. thority to preside, see § 5, supra. 3. The last major contest over the elec- 2. 2 USC § 26 and 2 USC §§ 381–96 tion of a Speaker occurred in 1923. strictly govern the preparation of the See 6 Cannon’s Precedents § 24. Clerk’s roll and the procedure for 4. 4 Hinds’ Precedents § 3060. election contests. See 6 Cannon’s 5. See §§ 8.1, 8.2, infra.

51 Ch. 1 § 8 DESCHLER’S PRECEDENTS respect to deceased Members on going to recognize the gentleman from opening day, after completing or- Georgia (Mr. Landrum) at this time. ganizational business.) (6) Mes- This is for the purpose of announcing the death of a great Member of Con- sages are received during organi- gress.(9) zation at the Speaker’s discretion; The Chair will take requests to cor- an important Senate message may rect the Record, but until we have be received and read even be- adopted the rules of the House, the tween the ordering of the previous Chair will appreciate the indulgence of question on a proposition and the Members on other personal requests. actual calling of a yea and nay The Chair now recognizes the gen- vote.(7) tleman from Georgia. § 8.2 The Speaker may grant Unanimous-Consent Requests permission to all Members to During Organization extend remarks in the § 8.1 The Speaker announced, Record on opening day, prior to the adoption of the where the House adjourns rules, that he would recog- out of respect to a deceased nize a Member to announce Member. the death of the President On Jan. 10, 1966,(10) Mr. Hale pro tempore of the Senate, Boggs, of Louisiana, made the fol- but that no other unanimous- lowing request: consent request would be Mr. Speaker,(11) I ask unanimous permitted except to correct consent that on today, and without the Record. making the procedure a precedent, all On Jan. 22, 1971,(8) Speaker Members may have permission to extend their remarks in the Record and Carl Albert, of Oklahoma, made to include pertinent material there- the following announcement: with. The Chair would like to make an an- There were no objections. After nouncement at this time. The Chair is further business, the House ad- 6. See § 8.2, infra. journed as a mark of respect to 7. See § 8.3, infra. While the Clerk is the late Honorable Herbert C. presiding, however, messages even Bonner. from the President are received but not read pending the election of a 9. Senator Richard B. Russell, Jr. (Ga.). Speaker. See 5 Hinds’ Precedents 10. 112 CONG. REC. 7, 36, 89th Cong. 2d §§ 6747–49. Sess. 8. 117 CONG. REC. 131, 92d Cong. 1st 11. Speaker pro tempore Carl Albert Sess. (Okla.).

52 ASSEMBLY OF CONGRESS Ch. 1 § 9

Interruption at Organization bers, the election of officers, and by Messages even the adoption of rules themselves necessitate the putting of § 8.3 Before the adoption of motions from the floor. Before rules, the Chair received a rules are in effect, motions are message from the Senate be- governed in their admissibility tween the time the yeas and and effect by precedent and by the nays were ordered on the general parliamentary law as ap- previous question and the plied in the House of Representa- time the roll was called. tives.(14) That general authority On Jan. 3, 1969,(12) after the or- does not, however, preclude reli- dering of the yeas and nays on a ance by the Speaker on the rules motion for the previous question, of past Congresses as a basis for Speaker John W. McCormack, of admitting certain motions. For ex- Massachusetts, received a mes- ample, the motion to recommit sage from the Senate as to a con- after the ordering of the previous current resolution to fix the date question has been ruled applicable of the electoral count. Following in the House prior to the adoption receipt of that message the roll of rules because it was within the was called on the pending yea and ‘‘spirit’’ of the rules of the past nay vote. Congress.(15) Therefore, in many instances the use of motions before the adoption of rules resem- § 9. Motions bles more closely their use under the House rules than under Jef- As previously indicated, the ferson’s Manual.(1) House has before it, following the election of the Speaker, several (as well as on any legislation that substantive matters to resolve may be considered), including de- without the aid of standing bate, withdrawal, amendment, and rules.(13) The swearing in of Mem- consideration, raises a variety of procedural questions covered elsewhere 12. 115 CONG. REC. 22, 91st Cong. 1st (see § 12, infra). Sess. 14. See, in general, 5 Hinds’ Precedents 13. There are often introduced, before §§ 6757–63; 8 Cannon’s Precedents the adoption of standing rules, reso- §§ 3383–86. lutions relating to the adoption of 15. See § 9.5, infra. the rules or to the swearing in of 1. For motion practice generally, see Members or to other organizational Ch. 23, infra. Ch. 5, infra, discusses business. Action on such resolutions the applicability of Jefferson’s Man-

53 Ch. 1 § 9 DESCHLER’S PRECEDENTS

There are motions, of regular tary law (4) and is authorized by use in the House, whose admissi- the Constitution as well.(5) The bility prior to the adoption of House may adjourn for more than rules is unquestioned, since they one day before the election of the are authorized by the Constitu- Speaker,(6) but since a concurrent tion: (2) the demand for the yeas resolution is necessary to adjourn ( ) and nays 3 and the motion for a for more than three days,(7) the call of the House. The motion to House cannot move to adjourn for adjourn is likewise admissible be- more than three days before the fore the adoption of rules, either Speaker is elected and each House before or after the election of the is notified of a quorum in the Speaker; the motion is of standard other.(8) The motion to adjourn is usage under general parliamen- accorded preferential treatment ual to the procedure of the House of before the adoption of the rules as Representatives. well as after.(9) 2. Art. I, § 5, clause 3 authorizes one- fifth of those Members present to 4. See Jefferson’s Manual, House Rules call for the yeas and nays, and under and Manual § 584 (1973). art. I, § 5, clause 1, less than a ma- 5. Art. I, § 5, clause 1 authorizes less jority of Members may compel the than a majority of the House to ad- attendance of absent Members when journ from day to day. a quorum is lacking. The question 6. 1 Hinds’ Precedents § 89 has arisen whether the body of Rep- 7. U.S. Const. art. I, § 5, clause 4. Gen- resentatives assembled has all the erally, see Ch. 40, infra. powers of the ‘‘House,’’ as con- 8. Since a message from one House templated by the constitutional pro- that a quorum has appeared is not visions, before organization is com- delivered in the other until a pleted. As discussed at 1 Hinds’ quorum has appeared there also (1 Precedents § 82, however, that body Hinds’ Precedents § 126), and the may elect officers and adopt rules message of a quorum is not sent under the Constitution and is there- until after the election of a Speaker fore authorized to follow, before or- (§ 7.1, supra), official consent for ad- ganization is completed, at least journment for more than three days those constitutional provisions relat- could presumably not be obtained ing to procedure and to organization. until that point in time. 3. See 1 Hinds’ Precedents § 91; 5 9. See Jefferson’s Manual, House Rules Hinds’ Precedents §§ 6012–13. For and Manual § 439 (1973), for the an instance where the Speaker has parliamentary rule. On occasion, the entertained a second demand for the Clerk presiding at the opening has yeas and nays after being once re- entertained no other motion than the fused on the same question, before motion to adjourn (1 Hinds’ Prece- rules adoption, see § 9.1, infra. dents § 67). On one instance, after

54 ASSEMBLY OF CONGRESS Ch. 1 § 9

When a motion is made from hour of debate on the resolu- the floor, it must be read to the tion;(13) under general parliamen- House and then put to the ques- tary law he may yield time for de- tion under general parliamentary bate to others and still retain the law as well as under the standing right to resume debate or to move ( ) rules of the House.(10) (After the the previous question. 14 The pre- Speaker is elected, he puts mo- vious question is a standard mo- (15) tions to the House; while the tion under parliamentary law, and may be moved before the Clerk is presiding, however, he adoption of the rules.(16) However, may decline to put a question to the 40 minutes of debate allowed the House, whereupon a Member- by Rule XXVII of the rules, on a (11) elect may put it from the floor.) question on which there has been The Speaker must recognize Mem- no debate, does not apply before bers proposing motions which are the rules are effective.(17) The privileged at the stage of organi- House may recommit, refer, lay on zation.(12) the table, or refuse to pass on the When a Member offers a resolu- pending resolution in any shape, tion prior to the adoption of stand- under general parliamentary prin- ing rules, he is entitled to one 13. 1 Hinds’ Precedents § 6759; see also organization had been completed, § 12.3, infra. the Speaker held the motion to ad- 14. 8 Cannon’s Precedents § 3383. journ of higher precedence than the 15. See Jefferson’s Manual, House Rules privileged motion to proceed to the and Manual § 461 (1973). As used in election of a new Speaker (8 Can- the House, however, the previous non’s Precedents § 2641). The motion question no longer has the purpose cannot, however, defer the right of a stated by Jefferson (House Rules and Member-elect to take the oath (1 Manual § 450 [1973]), to avoid Hinds’ Precedents § 622). lengthy debate on embarrassing 10. See Jefferson’s Manual, House Rules questions or to suppress motions. and Manual § 392 (1973). Under 16. 5 Hinds’ Precedents § 6758; 8 Can- House practice, however, a motion non’s Precedents §§ 3383. 3386; § 9.3 does not require a second as stated infra. in Jefferson’s Manual. 17. If ordered without previous debate, 11. See 1 Hinds’ Precedents § 67. the previous question allows 40 min- 12. 8 Cannon’s Precedents § 3383. Mo- utes’ debate under Rule XXVII tions relating to the organization of clause 3, House Rules and Manual the House are privileged; an example § 907 (1973). Prior to rules adoption, is the motion to proceed to the elec- the 40 minutes is not in order (8 tion of officers (1 Hinds’ Precedents Cannon’s Precedents § 3385). See § 290). also § 9.4, infra.

55 Ch. 1 § 9 DESCHLER’S PRECEDENTS ciples.(18) In allowing the motion question, the Speaker declined to to recommit after the previous record the vote of a Member who question has been moved, Speak- failed to qualify as being in the ers have based their rulings not Hall and listening when his name only on the general parliamentary was called, before the adoption of ( ) law, but also on the usage of the rules. 4 House of Representatives, includ- Demand for Yeas and Nays ing the standing rules of past ( ) Congresses; 19 such reliance was § 9.1 The yeas and nays may necessary to admit the motion to not be demanded after they recommit, as Jefferson’s Manual have been once refused on does not authorize it after the the same question; but be- moving of the previous ques- fore the adoption of the rules ( ) tion. 20 If a resolution is recom- a second demand has been mitted before the adoption of entertained where the rules, it will be recommitted to a Speaker was in doubt of the select or special committee ap- result of a viva voce vote on (1) pointed by the Speaker. the question. The House may utilize the mo- (5) tion to postpone consideration of a On Jan. 3, 1969, after the yeas and nays were refused on the resolution before adoption of (2) previous question, a parliamen- rules, and it may amend by ger- tary inquiry was stated: mane amendment a resolution on which the previous question is re- MR. GERALD R. FORD [of Michigan]: Is this yea-and-nay vote on the pre- (3) jected. vious question? On an occasion where the THE SPEAKER [John W. McCormack, House was voting on the previous of Massachusetts]: It is. MR. FORD: I thank the Chair. 18. See 5 Hinds’ Precedents § 6758. THE SPEAKER: The question is on or- 19. See 1 Hinds’ Precedents §§ 3383–84; dering the previous question. 5 Hinds’ Precedents § 5604; § 9.5, The question was taken; and the infra. Speaker announced that the yeas 20. See Jefferson’s Manual, House Rules appeared to have it. and Manual § 461 (1973). MR. GROSS: (6) Mr. Speaker, on that I 1. See 5 Hinds’ Precedents § 5604; 8 demand the yeas and nays. Cannon’s Precedents § 3383. Com- mittees are not constituted before 4. 8 Cannon’s Precedents § 3386. the adoption of rules. 5. 115 CONG. REC. 29, 30, 91st Cong. 2. See § 9.7, infra. 1st Sess. 3. See §§ 9.3, 12.6, 12.7, infra. 6. Mr. Harold R. Gross (Iowa).

56 ASSEMBLY OF CONGRESS Ch. 1 § 9

The yeas and nays were ordered. question was voted down, it would then be in order to offer a proper § 9.2 Prior to the adoption of amendment. rules, one-fifth of the Mem- bers present may order a yea § 9.4 Prior to the adoption of and nay vote pursuant to the rules, when the motion for Constitution. the previous question is On Jan. 4, 1965,(7) prior to the moved without debate, the 40 adoption of standing rules, Speak- minutes’ debate prescribed er John W. McCormack, of Massa- by House rules during the chusetts, stated in response to a previous Congress does not parliamentary inquiry that under apply. the Constitution, it would require On Jan. 7, 1959,(9) after the pre- one-fifth of the Members present vious question was moved on a to rise to order a yea and nay House resolution, Mr. Thomas P. vote. O’Neill, Jr., of Massachusetts, arose to state a parliamentary in- Motions for the Previous Ques- quiry:

tion MR. O’NEILL: Mr. Speaker, when the previous order has been moved and § 9.3 Prior to the adoption of there is [sic] no debate, under the rules rules, the previous question of the House are we not entitled to 40 is applicable in the House; minutes debate? after the previous question THE SPEAKER: (10) Under the prece- has been moved, the resolu- dents, the 40-minute rule does not tion before the House is not apply before the adoption of the rules. subject to amendment unless Motion to Recommit the previous question is rejected. § 9.5 A ruling to admit the mo- On Jan. 4, 1965,(8) prior to rules tion to recommit after the or- adoption, Speaker John W. dering of the previous ques- McCormack, of Massachusetts, tion, before the adoption of stated in response to a parliamen- rules, was based upon a con- tary inquiry that if the previous struction of the standing rules of prior Congresses. 7. 111 CONG. REC. 19, 89th Cong. 1st Sess. 9. 105 CONG. REC. 14, 86th Cong. 1st 8. 111 CONG. REC. 19, 89th Cong. 1st Sess. Sess. 10. Sam Rayburn (Tex.).

57 Ch. 1 § 9 DESCHLER’S PRECEDENTS

On Dec. 7, 1931,(11) Mr. Carl E. question thereon, prior to Mapes, of Michigan, stated a par- the adoption of rules. liamentary inquiry: On Jan. 3, 1969,(14) after the I understood the gentleman from House refused to order the pre- North Carolina to say that he would vious question on a resolution to not yield the floor for the purpose of al- authorize the Speaker to admin- lowing an amendment to his motion. I ister the oath of office to Member- would like to ask the Speaker if it is not a fact, even though he does not elect Adam C. Powell, of New yield the floor for that purpose and the York, an amendment was offered previous question should be ordered on providing that the Speaker admin- the resolution, that some Member on ister the oath but including sev- this side would have the right to move eral conditions of punishment for to recommit or move to amend the res- acts committed in a prior Con- olution? gress. THE SPEAKER: (12) Within the spirit of the rules of the 71st Congress on the motion to recommit, the Chair thinks Motion to Postpone that they should have that right. MR. MAPES: I think the ruling of the § 9.7 A motion to postpone con- Chair is correct. If the Chair will recol- sideration of a resolution to lect, Speaker Clark, at the beginning of a day certain is in order the 63d Congress, ruled to the same ef- prior to adoption of the fect. rules. THE SPEAKER: The Chair is familiar ( ) with that ruling.(13) On Jan. 21, 1971, 15 it was moved that an amendment to the Motion to Amend rules of the House be considered as read and printed in the Record § 9.6 A resolution authorizing and that further consideration be the Speaker to administer put over until the next day. The the oath to a Representative- House agreed to the motion. elect was open to amendment when the House re- Call of the House fused to order the previous § 9.8 Prior to the adoption of 11. 75 CONG. REC. 12, 72d Cong. 1st the rules, a motion for a call Sess. of the House is in order 12. John N. Garner (Tex.). 13. Speaker Clark’s ruling was made on 14. 115 CONG. REC. 22, 23, 91st Cong. Apr. 7, 1913, 50 CONG. REC. 77, 63d 1st Sess. Cong. 1st Sess., and is cited at 8 15. 117 CONG. REC. 15, 92d Cong. 1st Cannon’s Precedents § 3384. Sess.

58 ASSEMBLY OF CONGRESS Ch. 1 § 10

when the absence of a tions on that power to be that the quorum is announced; fol- rule must not violate constitu- lowing the establishment of a tional rights, and the method of quorum, further proceedings proceeding must be reasonably re- under the call may be dis- lated to the desired result. The pensed with by unanimous wisdom or folly of the rule was consent. held not to be subject to judicial On Jan. 21, 1971,(16) before the scrutiny. adoption of rules, a call of the The House, through the rulings House was ordered in the absence of the Speaker, has interpreted its of a quorum. After a quorum of constitutional power to determine 395 Members had answered to its own procedural rules very ( ) their names, further proceedings broadly. Since the late 1800s, 19 under the call were dispensed the rulings of the Speaker on the with by unanimous consent. subject have consistently embodied the principle that such power must be exercised by each § 10. Adoption of Rules; Congress. The procedural rules of Applicability the preceding Congress are no longer in effect at the opening ses- ( ) Under the Constitution of the sion of the new Congress, 20 and United States, ‘‘Each House may the House proceeds under general determine the Rules of its Pro- parliamentary law until the rules ( ) ceedings ....’’(17) The Supreme are adopted. 1 Similarly, Congress Court has interpreted this clause may not, by rule or statute, pro- to mean that the House possesses vide that the House is to be gov- nearly absolute power to adopt its erned by certain procedural rules own procedural rules. In United during a future Congress.(2) Such States v Ballin,(18) judicial inquiry 19. See 5 Hinds’ Precedents §§ 6743– into the validity of a House rule 6755. was limited to the question of 20. 8 Cannon’s Precedents § 3383; 5 whether the House possessed the Hinds’ Precedents § 6002. power to adopt the rule. The 1. See § 1, supra, and §§ 10.1, 10.2, Court determined the only limita- infra; see also 8 Cannon’s Precedents §§ 3383–3386; 5 Hinds’ Precedents 16. 117 CONG. REC. 14, 92d Cong. 1st §§ 6758–6763. Sess. 2. See § 1, supra, and § 10.1, infra; see 17. U.S. Const. art. I, § 5, clause 2. also 1 Hinds’ Precedents §§ 187, 210. 18. 144 U.S. 5 (1892). At one time, the theory that a House

59 Ch. 1 § 10 DESCHLER’S PRECEDENTS provisions must be incorporated considered under general par- into the standing rules by the cur- liamentary law each Congress, be- rent House if they are to be in ef- fore standing rules are adopted. fect.(3) This body of general parliamen- The House traditionally exer- tary law, which is further defined cises its constitutional power to by each new ruling on the subject adopt the rules at the opening by the Speaker, has traditionally session of each Congress.(4) The been construed to embrace those resolution adopting the rules, rules of procedure which embody which is usually offered by the practices of long established cus- former Chairman of the Com- tom.(7) mittee on Rules,(5) at the direction Thus the Speaker follows as of the majority party caucus, gen- closely as practicable the customs erally provides that the rules of and practices of the House under the preceding House, with amend- former rules,(8) and gives weight ments, if any, shall be the rules of to the precedents of the House in the current House.(6) Thus despite interpreting general parliamen- the fact that the rules are adopted tary law.(9) It is important to note, de novo at the beginning of each however, that general parliamen- Congress, in actual practice, a tary law may differ substantially system of permanent standing from the rules adopted by the rules has been developed. House in the preceding Congress, The resolution adopting the in which case the rules may be rules is one of several resolutions deemed inapplicable.(10)

might make its rules binding on the 7. 6 Cannon’s Precedents § 191. succeeding House was much dis- 8. 8 Cannon’s Precedents § 3386. cussed, and even followed in prac- 9. 8 Cannon’s Precedents § 3384. For a tice. See 5 Hinds’ Precedents general discussion of the parliamen- §§ 6743–6755. tary law applied in the House, see 3. See 8 Cannon’s Precedents § 3383; 5 § 1, supra. For general procedure be- Hinds’ Precedents § 6002. fore rules adoption, see § 8, supra, 4. See § 10.3, infra. For the sequence of and for motions practice before rules the adoption of rules in relation to adoption, see § 9, supra. other organizational business, see 10. For example, on Jan. 7, 1959, Speak- § 7, supra. er Sam Rayburn (Tex.), when the 5. See § 10.4, infra. previous question was moved with- 6. See § 10.5, infra. The resolution in- out debate, ruled that the House corporates applicable provisions of rule, as adopted by the previous the Legislative Reorganization Acts Congress, which prescribed 40 min- of 1946 and 1970. utes of debate in such situations,

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On a number of occasions the lution adopting the rules], inasmuch as Speaker has been called upon to it is against the law of the land. ( ) interpret general parliamentary THE SPEAKER: 16 The gentleman will state his point of order. law in connection with the adop- MR. HALL: Mr. Speaker, the Legisla- (11) tion of the rules. It has been tive Reorganization Act of 1970 is in ruled, for example, that amend- fact now the law of the land, Public ments to the resolution may be of- Law No. 91–510, and section 601 (6) fered only when the Member in thereof states that the effective date of control of it yields for that pur- the act is January 1, 1971. . . . pose or when the previous ques- Now, Mr. Speaker, the gentleman (12) from Missouri full well realizes the tion is rejected, and that cler- precedents of the House, the fact that ical errors may be corrected in the we operate until such time as rules are engrossment of the resolution adopted, under ‘‘general parliamentary after adoption.(13) procedure,’’ and that this is subject to wide interpretation. Right of Each House To Deter- On the other hand, Mr. Speaker, my mine Its Procedural Rules point of order is lodged on the fact that the law of the land, first, says that any § 10.1 Congress may not, by committee report or legislation, resolution, must be available to Members for rule or statute, prescribe 3 calendar days prior to consider- rules of procedure for a fu- ation—section 108(b)(4); and, second ture House. that any minority has 3 calendar days On Jan. 22, 1971,(14) during the to file views with the clerk of any subcommittee—section 107(b).... debate on the resolution adopting . . . I pray that, based on the prece- the rules, the following point of dents, based on Jefferson’s Rules of order was raised: Procedure, which a former Speaker has ruled are indeed the greater bulk of ex- MR. HALL: (15) Mr. Speaker, I do de- isting parliamentary procedure, that sire to make a point of order against we do not go forward with consider- consideration of Resolution 5 [the reso- ation of this resolution at this time until we have had due process, the was not applicable. 105 CONG. REC. 14, 86th Cong. 1st Sess. Members have had the resolution in their hands for a minimum of 3 days, 11. See §§ 10.1, and 10.2, infra. For gen- that minority reports have had an op- eral parliamentary law relating to portunity for preparation and distribu- action on resolutions, see § 12, infra. tion, and so that true compliance of the 12. See § 10.9, infra. law of the land be accomplished. 13. See § 10.12, infra. THE SPEAKER: The Chair is ready to 14. 117 CONG. REC. 132, 92d Cong. 1st rule.... Sess. 15. Mr. Durward G. Hall (Mo.). 16. Carl Albert (Okla.).

61 Ch. 1 § 10 DESCHLER’S PRECEDENTS

The Constitution is, of course, supe- what rules is the House proceeding, or rior to any public statute and the Con- is it proceeding under any rules? stitution in article I, section 5, gives THE SPEAKER: (18) The House is pro- each House the authority to determine ceeding under the general parliamen- the rules of its proceedings, and it has tary rules we have had for many years. been repeatedly held that the power of MR. EBERHARTER: Mr. Speaker, a each new House to make its own rules further parliamentary inquiry. may not be impaired or controlled by THE SPEAKER: The gentleman will the rules or actions of a preceding state it. House. MR. EBERHARTER: Mr. Speaker, if These principles are, in fact, recog- the rules are not adopted today and nized and enunciated in Public Law the question goes over until next week, 91–510, the Legislative Reorganization would we still proceed under some Act. Section 101 of the act states in other rules that have not yet been adopted by the Eighty-third Congress? part that the rules changes recommended therein are enacted ‘‘as an THE SPEAKER: If the rules were not adopted today, we would proceed as we exercise of the rule-making power of are this very moment, under general the House subject to and with full rec- parliamentary law.(19) ognition of the power of the House to enact or change any rule of the House at any time in its exercise of its con- Introduction of Resolution stitutional right to determine the rules Adopting the Rules of its proceedings.’’ The Chair overrules the point of § 10.3 Traditionally the resolu- order. tion adopting the rules is offered at the opening session § 10.2 The House proceeds of the new Congress after the under general parliamentary adoption of the resolution law before rules are adopted authorizing the Clerk to in- at the beginning of each Con- form the President of the gress. election of the Speaker and On Jan. 3, 1953, after the pre- the Clerk of the House of vious question was moved on the Representatives. resolution adopting the rules for 18. Joseph W. Martin, Jr. (Mass.). the 83d Congress, the following 19. 99 CONG. REC. 24, 83d Cong. 1st parliamentary inquiry was raised: Sess., Jan. 3, 1953. For a more re- MR. EBERHARTER: (17) Mr. Speaker, cent statement, by Speaker Carl Al- are we proceeding now under the rules bert (Okla.), that the House proceeds we are going to adopt later, and which under general parliamentary law have not yet been adopted? Under prior to the adoption of the rules, see 117 CONG. REC. 132, 92d Cong. 1st 17. Mr. Herman P. Eberharter (Pa.). Sess., Jan. 22, 1971.

62 ASSEMBLY OF CONGRESS Ch. 1 § 10

At the opening session of the other resolution.(4) And in the 73d 91st Congress,(1) following the Congress,(5) the House passed a adoption of a resolution author- bill of major importance before the izing the appointment of a com- adoption of the rules. mittee to notify the President of the assembly of Congress (H. Res. § 10.4 Generally, the resolution 5), the House adopted a resolution adopting the rules is offered instructing the Clerk to inform by the former Chairman of the President that the House had the Committee on Rules at elected John W. McCormack, the direction of the majority Speaker, and W. Pat Jennings, caucus. Clerk (H. Res. 6). Mr. William M. In the 92d Congress, Mr. Wil- Colmer, of Mississippi, then intro- liam M. Colmer, of Mississippi, induced the resolution providing for troduced the resolution adopting the adoption of the rules for the the rules,(6) and later during the 91st Congress (H. Res. 7), which debate thereon remarked that he was agreed to without debate.(2) was presenting the resolution by On occasion, the resolution direction of the Democratic Cau- adopting the rules has been im- cus, but was opposed to one of the (7) mediately preceded by a unani- provisions contained therein. mous-consent request,(3) or by an- Parliamentarian’s Note: When the former Chairman of the Com- 1. 115 CONG. REC. 35, 91st Cong. 1st Sess., Jan. 3, 1969. For other recent 1935 (unanimous consent requested examples of this order of proceedings for permission for the House to re- see 117 CONG. REC. 13, 92d Cong. cess). 1st Sess., Jan. 21, 1971; 113 CONG. 4. See 111 CONG. REC. 20, 21, 89th REC. 28, 90th Cong. 1st Sess., Jan. Cong. 1st Sess., Jan. 4, 1965 (resolu- 10, 1967. tion on clerk-hire). 2. While this order of proceeding is 5. 77 CONG. REC. 83, 73d Cong. 1st generally followed, several deviations Sess., Mar. 9, 1933 (see § 12.8, infra). are noted in Hinds’ Precedents. In 6. 117 CONG. REC. 13, 92d Cong. 1st one instance the rules were adopted Sess., Jan. 21, 1971. For other recent immediately after the election of the examples, see 115 CONG. REC. 35, Speaker (1 Hinds’ Precedents § 93), 91st Cong. 1st Sess., Jan. 3, 1969; and in another the rules were adopt- 107 CONG. REC. 25, 87th Cong. 1st ed before the election of the Clerk (1 Sess., Jan. 3, 1961; 105 CONG. REC. Hinds’ Precedents § 245). 15, 86th Cong. 1st Sess., Jan. 7, 3. See 84 CONG. REC. 13, 76th Cong. 1959. 1st Sess., Jan. 3, 1939; 79 CONG. 7. 117 CONG. REC. 132, 92d Cong. 1st REC. 13, 74th Cong. 1st Sess., Jan. 3, Sess., Jan. 22, 1971.

63 Ch. 1 § 10 DESCHLER’S PRECEDENTS mittee on Rules is opposed to key have done in the past, at least give the provisions of the resolution adopt- matter some looking over, give it some ing the rules, the resolution may consideration and a little time, so that the country might know what some of be offered by the Majority Leader. these measures are about. I hope none ( ) ( ) In the 88th, 8 89th, 9 and 90th of my southern friends are going to be Congresses,(10) the resolution was complaining around here when certain introduced by Majority Leader measures come up that are going to Carl Albert, of Oklahoma, at the come up, and come up quite promptly, direction of the Democratic Cau- if the Committee on Rules is packed again. And, I hope that when they go cus.(11) The debate over the adop- to vote on this resolution that they will tion of the rules for the 88th Con- remember that there are some things gress was focused on the merits of involved in this that will greatly and a provision which would increase adversely affect their States; not just the size of the Committee on how many people should be on the Rules from 12 to 15 members.(12) Committee on Rules or who shall gov- ( ) Howard W. Smith, of Virginia, the ern the Committee on Rules. 13 former Chairman of the Com- In the 89th and 90th Con- mittee on Rules, indicated his op- gresses, the resolution adopting position to that provision as fol- the rules incorporated the 21-day lows: rule, providing for the discharge If this resolution passes, you all of the Committee on Rules from know what it means, and it will hap- the consideration of a special pen again, and that is to say whenever order by a majority vote of the the President wants a bill passed or House. On both occasions, the the Speaker wants a bill submitted to former Chairman of the Com- the floor, he gets it. Now, I think that there ought to be some discretion mittee on Rules demonstrated his about this matter so that the Com- opposition to the resolution by mittee on Rules could do now like they voting against the motion on the previous question.(14) 8. 109 CONG. REC. 14, 88th Cong. 1st Sess., Jan. 9, 1963. 13. 109 CONG. REC. 18, 88th Cong., 1st 9. 111 CONG. REC. 21, 89th Cong. 1st Sess., Jan. 9, 1963. Sess., Jan. 4, 1965. 14. 111 CONG. REC. 24, 89th Cong., 1st 10. 113 CONG. REC. 28, 90th Cong. 1st Sess., Jan. 4, 1965 (Howard W. Sess., Jan. 10, 1967. Smith, [Va.], former Chairman of the 11. 111 CONG. REC. 23, 89th Cong. 1st Committee on Rules); 113 CONG. Sess., Jan. 4, 1965 (remarks of Mr. REC. 31, 90th Cong. 1st Sess., Jan. Albert). 10, 1967 (William M. Colmer, 12. 109 CONG. REC. 14, 88th Cong. 1st [Miss.], former Chairman of the Sess., Jan. 9, 1963. Committee on Rules).

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Form of Resolution tinely contains language substantially similar to the resolution § 10.5 The resolution adopting adopting the rules of the previous the rules usually provides Congress intact, with the fol- that the rules of the pre- lowing addition: ceding House, with or with- [The rules of the preceding Congress out amendments shall be the are adopted], with the following rules of the current House. amendment therein as a part thereof, The following proceedings in the to wit:... 87th Congress (15) illustrate the Although a resolution adopting practice whereby the House the rules usually takes the above adopts the rules of the preceding form, the entire set of standing Congress: rules may be drafted as part of MR. HOWARD W. SMITH, of Virginia: the resolution. In the 83d Con- Mr. Speaker, I offer a resolution. gress (18) the resolution adopting The Clerk read as follows: the rules provided in part: Resolved, That the Rules of the House of Representatives of the 86th Resolved, That the following be, and Congress, together with all applica- they are hereby, adopted as the rules ble provisions of the Legislative Re- of the Eighty-third Congress.... organization Act of 1946, as amended, be, and they are hereby, adopted as the Rules of the House of Rep- Withdrawing or Postponing resentatives of the 87th Congress. the Resolution to Adopt Rules In recent Congresses,(16) the resolution adopting the rules of the § 10.6 The resolution adopting previous Congress frequently has the rules may be withdrawn provided for amendments to those at any time before action is rules. Such a resolution (17) rou- taken thereon. In the 92d Congress (19) the 15. 107 CONG. REC. 25, 87th Cong. 1st Sess., Jan. 3, 1961. For similar ex- reading of the resolution adopting amples, see 113 CONG. REC. 28, 90th the rules by the Clerk was inter- Cong. 1st Sess., Jan. 10, 1967; 105 rupted by the following pro- CONG. REC. 15, 86th Cong. 1st Sess., ceedings: Jan. 7, 1959; 103 CONG. REC. 47, ( ) 85th Cong. 1st Sess., Jan. 3, 1957. THE SPEAKER: 20 The Clerk will suspend the reading of the resolution. 16. See, e.g., 117 CONG. REC. 13, 92d Cong. 1st Sess., Jan. 21, 1971; 115 ONG EC CONG. REC. 35, 91st Cong. 1st Sess., 18. 99 C . R . 15–24, 83d Cong. 1st Jan. 3, 1969; 111 CONG. REC. 21, Sess., Jan. 3, 1953. 89th Cong. 1st Sess., Jan. 4, 1965. 19. 117 CONG. REC. 13, 92d Cong. 1st 17. See, e.g., 109 CONG. REC. 14, 88th Sess., Jan. 21, 1971. Cong. 1st Sess., Jan. 9, 1963. 20. Carl Albert (Okla.).

65 Ch. 1 § 10 DESCHLER’S PRECEDENTS

The Chair recognizes the gentleman that the resolution be printed in the from Mississippi (Mr. William M. Record. Colmer). THE SPEAKER: (4) The question is on MR. COLMER: Mr. Speaker, I am ad- the motion offered by the gentleman vised that an error was made in the from Mississippi. haste here and that the wrong resolu- The motion was agreed to. tion was submitted. Therefore, I ask unanimous consent—— Non-Divisibility of the Resolu- THE SPEAKER: The gentleman from tion Mississippi can withdraw the resolution. § 10.8 The Speaker indicated, MR. COLMER: Mr. Speaker, I within response to a parliamen- draw the resolution. tary inquiry, that a resolu- MR. GROSS: (1) Mr. Speaker, reserving the right to object—— tion adopting the rules of the MR. SPEAKER: The reservation of ob- preceding Congress with jection is not in order. three amendments was not MR. GROSS: Mr. Speaker, did not the subject to a demand for a di- gentleman from Mississippi offer a res- vision of the question. olution to the House? THE SPEAKER: Yes, he did; but he A question as to the divisibility has withdrawn it; and he has that of the vote on the resolution arose right to withdraw it. in the 89th Congress (5) in the form of a parliamentary inquiry: § 10.7 Consideration of the res- MR. SMITH: (6)... olution adopting the rules There is another question I want to may be postponed, on mo- ask, and I think maybe the gentleman tion, until the following day. might yield. There are three distinct changes of existing rules of the House At the opening session of the which have been in effect for a long 92d Congress,(2) after the resolu- time. . . . tion adopting the rules was read . . . Under the rules perhaps this is and a point of order was reserved a parliamentary inquiry. Is the oppor- against it, the following motion 4. Carl Albert (Okla.). was offered: 5. 111 CONG. REC. 21, 89th Cong. 1st MR. COLMER: (3) Mr. Speaker, I move Sess., Jan. 4, 1965. In Hinds’ Prece- that further consideration of the reso- dents, a similar situation is noted in lution be put over until tomorrow, and which the Speaker, David B. Hen- derson (Iowa), ruled that it was not 1. Mr. Harold R. Gross (Iowa). in order to demand a separate vote 2. 117 CONG. REC. 15, 92d Cong. 1st on each rule. 5 Hinds’ Precedents Sess., Jan. 21, 1971. § 6159. 3. Mr. William M. Colmer (Miss.). 6. Mr. Howard W. Smith (Va.)

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tunity for a division of the question The proceedings in connection going to be had so we can vote for what we want to vote for and vote with the adoption of the rules of against what we do not want to vote the 92d Congress are illustrative for instead of having to swallow the of the procedure usually followed whole dose at one time. when amendments to the resolu- THE SPEAKER: (7) The gentleman is making a parliamentary inquiry. In tion are offered. On Jan. 22, reply, the Chair may say this resolu- 1971,(11) the previous question on tion is not divisible. the resolution, which incorporated the controversial 21-day rule for Amending the Resolution discharging the Committee on § 10.9 When the Member in Rules as part of the standing control of the resolution rules, was rejected. An amend- adopting the rules refuses to ment deleting that provision was yield for the introduction of then offered, and subsequently (12) amendments, they may be of- agreed to by the House. fered only if the previous § 10.10 Although generally, an question on the resolution is amendment may be offered first voted down. only after the previous ques- At the opening session of the tion is voted down on the (8) 83d Congress, the Member who resolution to adopt rules,(13) had offered the resolution adopt- there are exceptions to this ing the rules indicated that he would not yield for the introduc- rule. tion of amendments. The following In the 79th Congress,(14) an parliamentary inquiry was then amendment to the resolution raised: adopting the rules was introduced MR. CELLER: (9) Mr. Speaker, do I without objection even though the correctly understand that the par- Member in charge of the resolu- liamentary situation is that if the motion for the previous question is not 11. 117 CONG. REC. 140. 92d Cong. 1st voted down, no opportunity will be given to offer an amendment by way of Sess. liberalizing the rules? 12. 117 CONG. REC. 143, 92d Cong. 1st THE SPEAKER: (10) The gentleman Sess., Jan. 22, 1971. states the situation accurately. 13. 113 CONG. REC. 31, 90th Cong. 1st Sess., Jan. 10, 1967; 97 CONG. REC. 7. John W. McCormack (Mass.) 17, 92d Cong. 1st Sess., Jan. 3, 1951; 8. 99 CONG. REC. 24, 83d Cong. 1st 95 CONG. REC. 10, 81st Cong. 1st Sess., Jan. 3, 1953. Sess., Jan. 3, 1949. 9. Mr. Emanuel Celler (N.Y.). 14. 91 CONG. REC. 10, 79th Cong. 1st 10. Joseph W. Martin, Jr. (Mass.). Sess., Jan. 3, 1945.

67 Ch. 1 § 10 DESCHLER’S PRECEDENTS tion had not yielded for that pur- Clerk to correct clerical er- pose, nor had he moved the pre- rors in the engrossment of vious question. the resolution adopting the rules. Speaker’s Participation in De- bate on the Resolution The resolution adopting the rules for the 90th Congress, as § 10.11 The Speaker may par- passed by the House on Jan. 10, ( ) ticipate in the debate on the 1967, 16 contained several errors. ( ) resolution adopting the On Jan. 12, 1967, 17 Majority rules. Leader Carl Albert, of Oklahoma; who had introduced the resolu- ( ) In the 89th Congress, 15 the tion, asked the House for unani- Speaker, John W. McCormack, of mous consent to direct the Clerk Massachusetts, took the floor in to make the following corrections support of the resolution adopting in the engrossment of the resolu- the rules, and in the course of his tion: First, to strike out ‘‘Ninetieth remarks, explained his reasons for Congress’’ and insert ‘‘Eighty- so doing: ninth Congress’’; and second, to MR. MCCORMACK: Mr. Speaker, as insert the clause ‘‘With the fol- this resolution involves changes in the lowing amendment, to wit:’’, rules, I feel that my views should be known to the Members of the House. I which was necessary to integrate strongly favor the resolution offered by the amendment into the resolu- the gentleman from Oklahoma [Mr. Al- tion. There was no objection to the bert]. I think the 21-day rule is a rule request. Mr. Albert then obtained that is for the benefit of the individual unanimous consent for the resolu- Member of the House without regard to party affiliation in giving [him] the tion as corrected to be printed in opportunity of passing upon legislation the Journal and in the Record.(18) that has been reported out of a standing committee.

Correction of the Resolution § 11. Resumption of Legis- lative Business § 10.12 The House, by unanimous consent, may direct the Once the two Houses of Con- gress have assembled, elected offi- 15. 111 CONG. REC. 23, 89th Cong. 1st Sess., Jan. 4, 1965. See also 109 16. 113 CONG. REC. 33, 90th Cong. 1st CONG. REC. 14–22, 88th Cong. 1st Sess. Sess., where Speaker McCormack took the floor to debate the resolu- 17. 113 CONG. REC. 430, 90th Cong. 1st tion adopting the rules and increas- Sess. ing the membership of the Com- 18. 113 CONG. REC. 431, 90th Cong. 1st mittee on Rules. Sess., Jan. 12, 1967.

68 ASSEMBLY OF CONGRESS Ch. 1 § 11 cers, sworn Members, and adopted Senate, this principle applies both rules, the resumption of legisla- at the beginning of a new session tive business is in order.(19) Two of a new Congress, and at the important questions arise, how- commencement of a consecutive ever, as to the taking up of busi- session of an existing Congress.(1) ness: first, at what point in time Although the House does not does Congress actually begin leg- transact legislative business at islating after organization, and the beginning of a new Congress second, to what extent does busi- until after the Presidential mes- ness carry over from the previous session. As to the time the two sage, that body does resume busi- new Houses begin transacting ness at the beginning of a second business, there is a long estab- or third session before the Presi- ( ) lished custom of postponing busi- dential message, 2 and even on ness not pertinent to organization occasion before a quorum has ap- until after the President has de- peared in the Senate.(3) livered his state of the Union mes- Upon convening for a second or sage to the Congress.(20) In the third session during the term of a Congress, the House resumes all 19. The Act of 1789, Ch. 1, § 2, 1 Stat. 23, as amended, 2 USC § 25 (1948) business that was pending either requires that the oath be adminis- before the House or before com- tered to the Speaker, Members and mittees at the adjournment sine Clerk ‘‘previous to entering on any die of the preceding session. That other business. . . .’’ See also 1 practice of resuming business Hinds’ Precedents §§ 130, 140, 237, grows out of Rule XXVI of the 241, 243; 5 Hinds’ Precedents House rules,(4) which specifically §§ 6647–49; contra (allowing business before the election of the Clerk), 1 continues all business before com- Hinds’ Precedents §§ 242, 244, 245. mittees as if no adjournment had The Speaker has suggested that taken place; actual practice under bills should not be acted upon prior to the adoption of rules. 117 CONG. the remarks, in explanation of the REC. 16, 92d Cong. 1st Sess., Jan. custom, by Mr. Michael J. Mansfield, 20, 1971 (Speaker Carl Albert); the 114 CONG. REC. 4–5, 90th Cong. 2d announcement is cited at § 12.2, Sess., Jan. 15, 1968 (quoted at infra. For an occasion where a major § 11.4, infra). bill was considered and passed be- 1. See § 12.10, infra (first session) and fore rules adoption, see 77 CONG. § 11.4, infra (subsequent session). REC. 83, 73d Cong. 1st Sess., Mar. 9, 2. See §§ 11.2 and 11.3, infra. 1933 (cited at § 12.8, infra). 3. See 1 Hinds’ Precedents § 126. 20. See 1 Hinds’ Precedents §§ 81, 122– 4. House Rules and Manual § 901 125; § 7.1, supra; § 12.10, infra. See (1973).

69 Ch. 1 § 11 DESCHLER’S PRECEDENTS the rule continues all business be- The committees of a new Con- fore the House, not just that be- gress do not routinely resume the fore committees.(5) business that was pending at the The vast majority of business end of the prior Congress.(8) How- remaining at the end of one Con- ever, should the House member- gress does not, however, carry ship wish to authorize a special over to the beginning of a new committee of investigation to con- Congress, since Congress does not tinue its business into a new Con- allow the past proceedings of one gress, the new House may so au- ( ) Congress to bind its successor. thorize by resolution. 9 On one oc- Few categories have carried over casion, the House accepted as from one Congress to the next; im- binding a concurrent resolution of peachment proceedings pending the last Congress requiring the on the last day of one Congress appointment of a joint committee; have been continued at the begin- although the joint committee was ning of the succeeding one,(6) and never actually created, the House a Presidential veto message to the was prepared to accord to the res- House was on one occasion read olution the force of a binding joint (10) and received at the beginning of rule. the next Congress.(7) In contrast to the House principle that committees and their 5. For the history and the scope of the functions regularly expire with rule, see 5 Hinds’ Precedents § 6727. the term of the Congress, Senate The practice of resuming all old busi- committees may carry over to a ness at the start of a session during new Congress, since the Senate is the term of a Congress departed a continuing legislative body as from the rule of the English Par- opposed to the House.(11) liament, as stated in Jefferson’s Manual. House Rules and Manual Resumption of Committee In- § 592 (1973). vestigation in New Congress 6. Jefferson’s Manual, House Rules and Manual § 620 (1973). On two occa- § 11.1 A new Congress may, by sions, the impeachment trial was conducted by the Senate following resolution, continue a special the impeachment by the House in committee investigation the prior Congress (see 3 Hinds’ begun by a former Congress. Precedents §§ 2320, 2321; 6 Cannon’s Precedents §§ 515, 516). Whether the 8. See Rule XXXVI, House Rules and House itself may continue unfinished Manual § 932 (1973). impeachment proceedings is dis- 9. See § 11.1, infra. cussed in Ch. 14, infra. 10. 4 Hinds’ Precedents § 4445. 7. See 5 Hinds’ Precedents § 6645. 11. See 4 Hinds’ Precedents § 4544.

70 ASSEMBLY OF CONGRESS Ch. 1 § 11

On Jan. 3, 1935,(12) the House opening day of the second agreed to the following resolution: session. Resolved, That the Special Com- On Jan. 10, 1966, the opening mittee on Un-American Activities, ap- day of the second session of the pointed by the Speaker to conduct cer- 89th Congress,(14) Senate bill tain investigations under authority of House Resolution 198 of the Seventy- 2471, messaged to the House dur- third Congress, is hereby granted addi- ing the sine die adjournment, was tional time until February 4, 1935, to taken from the Speaker’s table prepare and file its report and rec- and referred to committee. ommendations for legislation with the House. Any unexpended balance of the total amount authorized for the use of Senate Practice said special committee under House Resolution 199 and House Resolution § 11.4 While the Senate rules 424 of the Seventy-third Congress is do not prohibit business on hereby continued available until said the opening day of a new ses- date. sion, it is the custom of that body to defer all business Resumption of Old Business- until after the President has Second Session delivered his state of the § 11.2 On the opening day of Union address. the second session the House On Jan. 15, 1968,(15) the open- conducted business, the call ing day of the second session, Vice of the Consent Calendar. President Hubert H. Humphrey, On Jan. 19, 1970,(13) Speaker Jr. ruled in response to a series of John W. McCormack, of Massa- parliamentary inquiries that there chusetts, stated that as it was was no rule in the Senate rules Consent Calendar day, the Clerk that required adjournment on would call the first bill on the opening day without consideration Consent Calendar. of speeches, resolutions, or petitions, or that prohibited a Senator § 11.3 A Senate bill, messaged from making a speech or prohib- to the House following sine ited the Senate from receiving a die adjournment, was re- petition of grievance from citizens. ferred to committee on the The Vice President stated, how-

12. 79 CONG. REC. 24, 74th Cong. 1st 14. 112 CONG. REC. 36, 89th Cong. 2d Sess. Sess. 13. 116 CONG. REC. 150, 91st Cong. 2d 15. 114 CONG. REC. 4, 5, 90th Cong. 2d Sess. Sess.

71 Ch. 1 § 11 DESCHLER’S PRECEDENTS ever, that there was a long-estab- The Senate then adjourned, lished historical precedent in the without transacting any business, Senate for postponing business until the following day. until after the state of the Union message to the Congress by the § 11.5 Contrary to the usual President. The Majority Leader of custom in the Senate of de- the Senate, Michael J. Mansfield, ferring all business at the of Montana, then arose and stated opening of a session until his intention to shortly move for after the President’s message adjournment, for the following on the state of the Union, the reasons: Senate agreed to begin busi- I have had some conversations with ness on the second day of the various Senators relative to their de- session, before the Presi- sire to have a petition read to the Sen- dent’s message. ate today. On Jan. 18, 1972,(16) the Senate I appreciate the courtesy which they showed in telling me of what they in- agreed by unanimous consent to tended to do. take up unfinished business from I explained to them, or at least I the first session on Jan. 19, the tried to, that, I had been asked by following day. The President in- many other Senators whether there formed the Senate that he would was to be any business today, and I deliver the state of the Union had told them all that under custom message to the Congress on Jan. and procedures, there would be no business, there would be no morning 20, 1972. hours, and there would be no introduction of bills because that was the custom, based on practice and precedent. § 12. Action on Bills and It was a custom which gave to the President of the United States a cour- Resolutions During Or- tesy, and it was a custom which was ganization predicated on the idea that no business of any sort should be transacted until As a general principle, resolu- after the delivery of the President’s tions may be offered and acted state of the Union message. upon in both Houses of Congress It is my understanding that only on during the entire period of organi- one occasion was this practice abro- gated and that was when Congress re- zation, from the first call to order ceived notice that the President of the to the President’s message on the United States would not be in the posi- state of the Union. In addition, a tion to deliver his state of the Union message until 2 weeks after Congress 16. 118 CONG. REC. 4, 92d Cong. 2d convened. Sess.

72 ASSEMBLY OF CONGRESS Ch. 1 § 12 major bill may on a rare occasion opening of a new session, is not be considered and passed in both generally permitted until after the Houses before organization is Presidential message.(1) completed by the adoption of In order to complete organiza- rules,(17) although a bill will not tional business, it is of course nec- be considered in the House before essary to offer various House reso- the administration of the oath to lutions before the adoption of Members-elect.(18) Major bills are rules; many of those resolutions, not usually considered by the which are customarily drafted to House as a body before rules have complete organizational business, been adopted and before the are discussed in the preceding sec- President has delivered his mes- tions of this chapter, and will not ( ) sage to Congress. 19 In prevailing be discussed here.(2) This section practice, numerous ‘‘opening day will deal with the general prin- bills’’ are introduced by House ciples that govern the consider- Members at the beginning of a ation and passage of bills and res- new Congress, although they may olutions offered before the adop- not actually be referred to com- tion of rules. (20) mittee until a later time. How- Primarily, any resolution affect- ever, in the Senate the introducing the organization of the House tion of bills at the opening of a is privileged and takes precedence new Congress, or even at the over other matters before the (3) 17. See § 12.8, infra. adoption of standing rules. 18. 2 USC § 25 requires that the oath be Under general parliamentary law, administered to the Speaker, to one hour of debate is in order on Members, and to the Clerk before a resolution, the time to be con- the House enters into general business. If the right of individual Mem- 1. See § 12.10, infra (first session); bers to be sworn is challenged, how- § 11.4, supra (subsequent session). ever, the House may proceed to busi- 2. Examples of such standardized reso- ness before resolving the challenges lutions, whose adoption by the House (see Ch. 2, infra). On occasion, the is usually perfunctory, are the reso- House has transacted business, in- lution to proceed to the election of a cluding the adoption of rules, before Speaker (see § 6, supra), the resolu- the election of a Clerk (see 1 Hinds’ tion to elect officers of the House Precedents §§ 93, 198–203, 240, 242, (see § 7, supra), and the resolutions 244, 245). to notify the Senate and the Presi- 19. See § 11, supra, for the time of tak- dent of the assembly of the House ing up of legislative business. (see § 7, supra). 20. See, e.g., §§ 12.1, 12.2, infra. 3. See 6 Cannon’s Precedents § 3.

73 Ch. 1 § 12 DESCHLER’S PRECEDENTS trolled by the proponent thereof;(4) be offered by committee, as com- a resolution offered before rules mittees have not yet been for- are adopted may be withdrawn at mally constituted. Most of the or- any time before action is taken ganizational resolutions are of- (10) thereon, without obtaining the fered by ranking party leaders. (5) The House does, however, main- consent of the House. A pending tain informal committee jurisdic- resolution is not subject to amend- tion over some of the opening ment unless the Member in con- functions which require resolu- trol yields for that purpose,(6) or tions, such as the adoption of unless the previous question is rules and the fixing of the hour of moved and rejected.(7) Any amend- daily meeting.(11) (A bill or resolu- ment offered to a resolution dur- tion on the floor during organiza- ing organization is subject to the tion may be recommitted to a special committee to be appointed by requirement that it must be ger- the Speaker.) (12) mane.(8) For example, when an amendment proposing punish- 10. See, e.g., opening day of the 92d ment was offered to a resolution Congress, 117 CONG. REC 13–16, Jan. 21, 1971. Olin E. Teague, authorizing the Speaker to admin- Chairman, Democratic Caucus, of- ister the oath of office to a Mem- fered the resolution to elect officers; ber-elect, the amendment was Wilbur Mills, former Chairman, ruled not germane, prior to the Committee on Ways and Means of ( ) the 92d Congress, offered the resolu- adoption of standing rules. 9 tion to notify the Senate of the orga- When bills and resolutions are nization of the House; Hale Boggs, Majority Leader, offered resolutions offered on the floor before the to notify the President of the assem- House is organized, they cannot bly of Congress and to set a joint session for the Presidential message; 4. See 5 Hinds’ Precedents § 6759; George Mahon, former Chairman, § 12.3, infra. Committee on Appropriations of the 5. See § 12.4, infra. 92d Congress, offered a resolution to notify the President of the election of 6. See § 12.5, infra. the Speaker and of the Clerk. 7. See § 12.6, infra. For the treatment 11. The resolution to adopt rules and the of the motion to amend and the mo- resolution to fix the hour of daily tion for the previous question, prior meeting were offered at the begin- to the adoption of rules. see §§ 8, 9, ning of the 92d Congress by William supra. Colmer, former Chairman of the Committee on Rules of the 92d Con- 8. See 5 Hinds’ Precedents § 6760; gress. 117 CONG. REC. 14, 15, Jan. § 12.6, infra (resolution open to ger- 21, 1971. mane amendment when previous 12. For the motion to recommit and its question rejected). effect before adoption of rules, see 9. See § 12.7, infra. § 9, supra.

74 ASSEMBLY OF CONGRESS Ch. 1 § 12

As to consideration of bills and As stated above, the Senate resolutions before the adoption of postpones action on bills at the rules, the House proceeds not only beginning of a second or third ses- under general parliamentary law sion until after the Presidential but also under the precedents and message. The Senate has also re- the rules of prior Congresses. frained from legislative business When the House considered an emergency bill at the beginning of during those protracted periods the 73d Congress, the provision when the House was unable to ( ) was considered, by unanimous elect a Speaker. 15 Although there consent, as if under a rule of the is no occasion where the House previous Congress restricting de- has resumed business before the bate and amendments.(13) But a organization of the Senate at the statute requiring that proposed beginning of a new Congress, the resolutions and reports be made House has proceeded with general available to Members within a legislative business at the begin- certain time before their consider- ning of a second session before a ation on the floor has no effect quorum had appeared in the Sen- prior to the adoption of the rules. ate.(16) Such a statute has been determined an exercise of the rule Introduction of ‘‘Opening Day making power of the preceding Bills’’ Congress and therefore not binding on the House before the adop- § 12.1 Where a large number of (14) tion of current rules. bills are introduced on the 13. See § 12.8, infra. opening day of the Congress, 14. 117 CONG. REC. 132, 92d Cong. 1st the Speaker may announce Sess., Jan. 22, 1971, cited at § 12.9, that those bills that cannot infra. The statutory provisions re- be referred on that day may ferred to above were part of the Leg- be included in the next day’s islative Reorganization Act of 1970, Record and printed with the Pub. L. No. 91–510, 84 Stat. 1140 [§§ 108(b)(4) and 107(b)]. The ruling date of the opening day. of the Chair (Speaker Carl Albert) was based in part on the language of enact or change any rule of the the statute itself, at § 101, character- House at any time in its exercise of izing its own provisions ‘‘as an exer- its constitutional right to determine cise of the rule-making power of the the rules of its proceedings.’’ House, subject to and with full rec- 15. See 1 Hinds’ Precedents §§ 122–25. ognition of the power of the House to 16. See 1 Hinds’ Precedents § 126.

75 Ch. 1 § 12 DESCHLER’S PRECEDENTS

On Jan. 3, 1957,(17) Speaker of Congress and to the announce- Sam Rayburn, of Texas, made the ments of past Speakers in relation following announcement: to the impossibility of referring them all to committee on opening As Members are aware, they have the privilege today of introducing bills. day. He then stated: Heretofore on the opening day of a new Since the rules of the 93d Congress Congress several thousand bills have have not yet been adopted, the right of been introduced. It will be readily ap- Members to introduce bills, and the parent to all Members that it may be authority of the Speaker to refer them, a physical impossibility for the Speak- is technically delayed. The Chair will er to examine each bill for reference state that bills dropped in the hopper today. The Chair will do his best to will be held until the adoption of the refer as many bills as possible, but he rules, at which time they will be re- will ask the indulgence of Members if ferred as expeditiously as possible to he is unable to refer all the bills that the appropriate committee. At that may be introduced. Those bills which time, the bills which are not referred are not referred and do not appear in and do not appear in the Record as of the Record as of today will be included that day will be included in the next day’s Record and printed with a date in the next day’s Record and printed as of the time the rules were adopted. with a date as of today.

§ 12.2 The Speaker stated that Action on Resolutions Prior to prior to the adoption of Adoption of Rules rules, bills could not be in- § 12.3 A resolution offered in troduced and immediately the House prior to the adop- referred to committee, in the tion of the standing rules is absence of procedure to gov- debatable under the hour ern them. rule. (18) On Jan. 21, 1971, Speaker On Jan. 3, 1969,(19) Speaker Carl Albert, of Oklahoma, made a John W. McCormack, of Massa- statement concerning the intro- chusetts, ruled, prior to the adop- duction and reference of bills dur- tion of rules, that one hour of de- ing the organization of the House. bate would be in order on a pend- He alluded to the practice of ing resolution, the time to be con- Members of introducing several trolled by the proponent thereof. thousand bills on the opening day § 12.4 Prior to the adoption of 17. 103 CONG. REC. 50, 85th Cong. 1st the rules, a resolution may Sess. 18. 117 CONG. REC. 16, 93d Cong. 1st 19. 115 CONG. REC. 15, 91st Cong. 1st Sess. Sess.

76 ASSEMBLY OF CONGRESS Ch. 1 § 12

be withdrawn at any time be- tion or an amendment, particularly if fore action is taken thereon. the previous question is ordered. MR. CLEVELAND: Is it now in order, On Jan. 21, 1971,(20) after im- Mr. Speaker? mediate consideration was asked THE SPEAKER: Not unless the gentleman from Oklahoma yields to the by Mr. William M. Colmer, of Mis- gentleman for that purpose.(3) sissippi, on a resolution, he stated that the wrong resolution had Germaneness of Amendments been submitted and requested Prior to Rules Adoption unanimous consent to withdraw the resolution. Speaker Carl Al- § 12.6 Ruling by the Speaker bert, of Oklahoma, ruled, over ob- that prior to the adoption of jection, that Mr. Colmer had the the rules, a pending resolu- right to withdraw the resolution tion on which the motion for without obtaining unanimous con- the previous question is resent. jected is open to any germane amendment. § 12.5 Prior to the adoption of On Jan. 10, 1967,(4) Speaker the rules, a pending resolu- John W. McCormack, of Massa- tion is not subject to amend- chusetts, held that prior to the ment unless the Member in adoption of rules any germane control yields for that pur- amendment would be in order on pose, or unless the previous a resolution for which the pre- question is rejected. vious question was voted down. On Jan. 4, 1965,(1) Mr. James C. § 12.7 The Speaker held not Cleveland, of New Hampshire, germane, prior to the adop- stated a parliamentary inquiry: tion of rules, an amendment MR. CLEVELAND: If the resolution is adding punishment to a reso- adopted, will it be impossible for me to lution providing that the offer my own resolution pertaining to Speaker administer the oath the same subject matter, either as an amendment or a substitute? of office to a Member-elect. ( ) (5) THE SPEAKER: 2 If the resolution is On Jan. 3, 1969, following a agreed to, it will not be in order for the point of order, Speaker John W. gentleman to offer a substitute resolu- 3. The pending resolution was offered 20. 117 CONG. REC. 13, 92d Cong. 1st by Mr. Carl Albert (Okla.). Sess. 4. 113 CONG. REC. 31, 90th Cong. 1st 1. 111 CONG. REC. 20, 89th Cong. 1st Sess. Sess. 5. 115 CONG. REC. 25, 91st Cong. 1st 2. John W. McCormack (Mass.). Sess.

77 Ch. 1 § 12 DESCHLER’S PRECEDENTS

McCormack, of Massachusetts, and precedents recognized held as follows on the germane- over a period of years but ness of an amendment, prior to also the rules of prior Con- the adoption of the rules: gresses, including past rules The Chair will state . . . that while restricting debate and we are operating under general par- amendments. liamentary law . . . volume VIII, sec- On Mar. 9, 1933,(7) the opening tion 3384 of Cannon’s Precedents day of the 73d Congress, the states: ‘‘While the House is governed by general parliamentary usage prior House considered a bank bill to the adoption of rules, the Speakers transmitted by President Franklin have been inclined to give weight to D. Roosevelt to the Majority Lead- the precedents of the House in the in- er. Passage was moved on the bill terpretation of that usage.’’ before printed copies were avail- The Chair anticipated that the ques- able for Members, and the bill tion of germaneness would be raised was considered under a unani- and has had the precedents of the House thoroughly researched. mous-consent procedure restrict- The Chair might state there was no ing debate and amendments: comparable case that the Chair can as- MR. BYRNS: (8) Mr. Speaker, I ask certain as a result of research in the unanimous consent for the immediate annals of the House. However, it ap- consideration of H.R. 1491, and in its pears to the Chair that the punish- consideration that there shall be 40 ment of Mr. Powell (6) for acts com- minutes of debate, one half of such mitted in the 88th or 89th Congresses, time to be controlled by the gentleman or declaring his seat vacant in the 91st from Alabama [Mr. Steagall] and the Congress, is not germane to the propo- other half by the gentleman from sition that he be now sworn in. Pennsylvania [Mr. McFadden]; that at The Chair sustains the point of the conclusion of the debate the pre- order. vious question shall be considered as ordered on the bill to final passage. Consideration of Measures Be- Before the request had been fore Adoption of Rules agreed to, Mr. William B. Bankhead, of Alabama, stated a § 12.8 When the House con- parliamentary inquiry: siders a major bill before the As far as I am advised, the House adoption of rules, the legisla- has not yet adopted rules of procedure tion is considered under gen- for this Congress. As I understand it, eral parliamentary law, em- bracing not only the forms 7. 77 CONG. REC. 83, 73d Cong. 1st Sess. 6. Mr. Adam C. Powell (N.Y.). 8. Mr. Joseph W. Byrns (Tenn.).

78 ASSEMBLY OF CONGRESS Ch. 1 § 12

unless objection is raised, the ordinary On Jan. 22, 1971,(12) Mr. proceedings governing the House during the 72d Congress would prevail in Durwood G. Hall, of Missouri, the consideration of this unanimous made a point of order against a consent request? proposed resolution on the ground THE SPEAKER: (9) The gentleman is that consideration thereof would correct.... be ‘‘against the law of the land’’, MR. O’CONNOR: (10) Just to clear up the parliamentary situation, as I un- in that the requirements of the derstand the request of the gentleman Legislative Reorganization Act of from Tennessee, it involves the consid- 1970, §§ 108(b) (4) and 107(b), as eration of this bill in the House as though the rules of the 72d Congress to the time of availability of print- had been adopted, and, as it were, ed reports and resolutions to under suspension of the rules; and the Members, had not been complied bill will not be subject to amendment. Is this correct? with. Speaker Carl Albert, of MR. BYRNS: The bill will not be sub- Oklahoma, ruled as follows: ject to amendment. The Chair would point out to the gentleman from Missouri [Mr. Hall] § 12.9 Prior to the adoption of that at the present time, as the gen- rules, the House operates tleman from Missouri [Mr. Richard W. under general parliamentary Bolling] has just stated, the House is law, and statutory enact- operating under the general par- ments incorporated into liamentary law. No rules have yet been rules of prior Congresses as adopted. The provisions of the Legisla- tive Reorganization Act, while enacted an exercise of the rule-mak- into law in the 91st Congress, cannot ing power do not control pro- restrict the authority of this present ceedings of the next House House, in this 92d Congress, to adopt until it adopts rules incor- its own rules. porating those provisions. The Constitution is, of course, superior to any public statute and the Con- Accordingly, prior to the stitution in article I, section 5, gives adoption of rules, the re- each House the authority to determine quirement of the Legislative the rules of its proceedings, and it has Reorganization Act of 1970 been repeatedly held that the power of that proposed resolutions each new House to make its own rules must be available to Mem- may not be impaired or controlled by the rules or actions of a preceding bers for three calendar days House. prior to consideration (11) is not in effect. 11. Pub. L. No. 91–510, §§ 108(b)(4) and 107(b), 84 Stat. 1140. 9. Henry T. Rainey (Ill.). 12. 117 CONG. REC. 132, 92d Cong. 1st 10. Mr. John J. O’Connor (N.Y.). Sess.

79 Ch. 1 § 12 DESCHLER’S PRECEDENTS

These principles are, in fact, recog- duction of bills until after nized and enunciated in Public Law the President has delivered 91–510, the Legislative Reorganization Act. Section 101 of that act states in his message on the state of part that the rules changes rec- the Union. ommended therein are enacted ‘‘as an (13) exercise of the rule-making power of On Jan. 5, 1955, the opening the House, subject to and with full rec- day of the 84th Congress, Senator ognition of the power of the House to Lyndon B. Johnson, of Texas, enact or change any rule of the House made an announcement to the at any time in its exercise of its constitutional right to determine the rules Senate: of its proceedings.’’ As is customary, the Senate will The Chair overrules the point of transact no further business in the order. way of the introduction of bills or other Senate Practice as to Introduc- matters until after the President has tion of Bills During Organi- delivered his message on the state of the Union.(14) zation 13. 101 CONG. REC. 7, 84th Cong. 1st § 12.10 At the beginning of a Sess. Congress the Senate does not customarily permit the intro- 14. For an explanation of the custom and its rationale, see § 11.4, supra.

80 CHAPTER 2

Enrolling Members; Administering the Oath

§ 1. In General § 2. Status of Members- and Delegates-elect § 3. Presentation of Credentials § 4. The Clerk’s Roll § 5. Administering the Oath § 6. Challenging the Right to be Sworn

INDEX TO PRECEDENTS

Administration of oath Administration of oath—Cont. absentees, §§ 5.8–5.12 Resident Commissioner-elect filling va- by deputies, §§ 5.9, 5.12 cancy, § 3.9 challenge to, form and procedure, resolution authorizing, to entire state §§ 6.1, 6.2 delegation, § 6.5 delayed Members-elect, after opening resolutions authorizing, §§ 5.5–5.7 day, § 5.14 Senate procedure, §§ 5.23, 5.24 delayed Members-elect, opening day, Administration of oath, absent cre- § 15.13 dential by unanimous consent, § 3.5 Member-elect once excluded, §§ 6.8, 6.9 Members-elect to fill unexpired terms, governor’s communication basis for, § 3.7 § 3.4 privileged matter, §§ 5.17, 5.19 secretary of state’s telegram as basis record evidence of, §§ 5.20–5.22 for, § 3.3 record evidence of, form, § 5.21 state attorney general’s telegram as related to right to vote, §§ 2.2, 2.3 basis for, § 3.1 related to rights and privileges, § 2.1 to Member-elect, § 3.4

Commentary and editing by Peter D. Robinson, J.D. 81 Ch. 2 DESCHLER’S PRECEDENTS

Challenges to oath administration Demand for yeas and nays debate on, § 6.3 before organization, § 2.4 debate on, by challengee, § 2.5 Members-elect exclusion of Member-elect pending in- administered oath by deputies, §§ 5.9, vestigation, §§ 6.6, 6.7 5.10 form of, § 6.2 administration of oath to, delayed, House action on, §§ 6.6, 6.7 §§ 5.13–5.16 Member-elect once excluded, §§ 6.8, 6.9 challenging right of another to be procedure, § 6.1 sworn, §§ 6.1, 6.2 state delegation, §§ 6.4, 6.5 debate on right to seat, § 2.5 deceased, correcting roll for, §§ 4.6, 4.8 Clerk excluded pending investigation of final adds new states to roll, § 4.5 right to be sworn, §§ 6.6, 6.7 corrects roll, deaths, §§ 4.6–4.9 filling unexpired terms, House in- corrects roll, resignations, § 4.10 formed of credentials, §§ 3.6, 3.7 directs call of roll, convening of new presumed death of, §§ 4.8, 4.9 Congress, §4.1 right to demand yeas and nays, § 2.4 enrolls Member-elect, §§ 3.4, 4.3 right to vote, §§ 2.2, 2.3 informs House, credentials of Dele- rights and privileges of, § 2.1 gates and Resident Commissioners- Oath of office elect, §§ 3.8, 3.9 absentees, § 5.8–5.12 informs House, credentials of Member- administering officer, §§ 5.1–5.3 elect to fill unexpired term, § 3.6 copies of, House permission required prepares roll, § 4.1 for release of, § 5.22 vacancy in office, effect of, § 4.2 Delegate-elect took, absent credentials, Committees § 3.2 resolution authorizing, to investigate form and record of, § 5.21 right to seats, §§ 6.6, 6.7 time of administration, §§ 5.1, 5.3 Compensation Privilege Senator-elect waived until taking oath, oath administration, after previous § 2.6 question ordered, § 5.17 Credentials oath administration, interrupting de- delayed, administration of oath by bate, § 5.18 unanimous consent, § 3.5 Resident Commissioner-elect Delegates- and Resident Commis- credentials laid before House but not sioners-elect, §§ 3.8–3.10 enrolled, § 3.8 state communications in place of, for filling unexpired term, 3.9 administration of oath, §§ 3.1–3.4 length of term, § 5.4 state court restraining issuance, effect President informed House of appoint- of, § 4.3 ment of, § 3.10 Delegates-elect Resolutions accepting oath adminis- credentials laid before House but not tration to absentees enrolled, § 3.8 when offered, §§ 5.8, 5.12

82 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2

Resolutions accepting oath adminis- Senate—Cont. tration to absentees—Cont. administration of oath, procedure, who offers, § 5.10 § 5.23 Resolutions authorizing oath admin- challenges to oath administration, istration § 6.10 amendment of and debate on, § 5.5 Speaker amendment to must be germane, § 5.6 administers oath, §§ 5.1, 5.3 Roll of the House administers oath to absentee, informs adding new states to, § 4.5 House, § 5.8 call of, §§ 4.1, 4.2 appoints deputy to administer oath, convening of consecutive session, §§ 5.9–5.12 §§ 4.10, 4.11 election of, convening of second ses- convening of new Congress, § 4.1 sion, § 4.10, 4.11 corrections in for. deaths, House informed § 4.6 State executive corrections in, presumed deaths, §§ 4.8, communications of, in place of creden- 4.9 tials, §§ 3.1–3.4 Senate presumption of death, evidence trans- administration of oath, absentees, mitted to House by, §§ 4.8, 94. § 5.24 vacancy declaration by, § 4.8

Enrolling Members; Administering the Oath § 1. In General oath to duly qualified and elected Members; fourth, the resolution of Before a newly convened body of challenges to the qualifications Representatives-elect can begin and elections of individual Mem- exercising all its constitutional bers. functions as a legislative assem- This chapter covers the admin- bly, Members-elect must become istration of those four steps of pro- full legal Members of the House, ceeding during the organization of having satisfied all qualifications a newly convened House of Rep- and having sworn to uphold the resentatives. The scope of the Constitution and to faithfully per- chapter is limited, however, to the ( ) form their duties. 1 The process basic procedure governing those through which Members-elect be- orders of business; the reader is come Members consists of four referred elsewhere for a discus- steps: first, the presentation of in- sion of the substantive issues re- dividual credentials; second, the lated to credentials, election con- preparation of the Clerk’s roll; tests, and elections and election third, the administration of the campaigns.(2) This chapter like- 1. ‘‘[T]he legal existence of a legislative wise does not concern itself with body is dependent upon compliance those general aspects of procedure with the constitutional requirements and orders of business connected regarding membership.’’ Sutherland, with organization.(3) Statutory Construction § 404 (3d ed. Some discussion of substantive 1943). That general statement of leg- law is necessarily included in this islative law must be qualified in its applicability to the House of Rep- chapter, such as the rights and resentatives, since the House has duties accruing to those persons sole jurisdiction over elections and elected to Congress but not yet qualifications of Members-elect (U.S. Const. art. I, § 5, clause 1). If the 2. See Ch. 8, infra, for the form, valid- House seats a Member, the courts ity, and grounds for challenges of will not question the validity of legis- credentials. See Ch. 8, infra, for elec- lative action in which the Member tions and election campaigns, and participates, even lacking satisfac- Ch. 9, infra, for election contests. tion of election and qualification re- 3. See Ch. 1, supra, for the orders of quirements. See Lyons v Woods, 153 business at organization, and for the U.S. 649 (1894). procedure that is followed.

85 Ch. 2 § 1 DESCHLER’S PRECEDENTS seated and sworn by the House, and the United States Code.(4) since the status of those Mem- Therefore, the House and its offi- bers-elect is specifically related to cers follow an established proce- the presentation of credentials, dure when undertaking those or- the preparation of the Clerk’s roll, ders of business. and the administration of the Second, the House is governed, oath. Some mention is also made as stated above,(5) by general par- of the substantive state law which liamentary law during the period the Clerk must review in deter- of organization and before the mining whether to enroll Mem- adoption of rules. Since the rules bers-elect. are not adopted until after the ad- The preparation, transmission ministration of the oath, en (6) to the House, and custody of the masse, to the membership-elect, credentials of Members-elect are most of the activities covered in discussed in this chapter, as are this chapter take place while gen- their use in preparing the Clerk’s eral parliamentary law, and not roll. The form of the Clerk’s roll the body of standing rules, is in effect. and its relationship to the regular roll of the House and to the ad- Third, the order in which activi- ministration of the oath receives ties take place during the organization of the House is governed analysis. both by tradition and by statute.(7) The chapter covers the history The oath is administered to Mem- and form of the oath of office, the procedure of its administration, 4. The principal provisions are: U.S. the types of resolutions relating to Const. art. VI, clause 3 (requirement the right to be sworn, and the re- of oath administration); U.S. Const. lated subject of challenges, includ- art. I, § 5, clause 1 (House sole judge ing form, procedure, and prelimi- of elections and qualifications); 2 USC § 25 (procedure of oath adminis- nary House action. tration and record evidence thereof); There are several points of sub- 2 USC § 26 (preparation of Clerk’s stantive procedure which should roll and regularity of credentials). be kept in mind in any discussion 5. See, generally, Ch. 1, supra. of the enrolling of Members and 6. For the priority of oath administra- the administration of the oath. tion over the adoption of rules, based on 2 USC § 25, see Ch. 1, 7, supra. The first is that the enrolling and 7. For the sequence of organizational the swearing in of Members-elect business, while the Speaker is pre- are authorized and regulated by siding at organization, see Ch. 1, § 7, provisions of the U.S. Constitution supra.

86 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 2 bers directly after the Speaker ment of Members and to the ad- has been elected and has been ministration of the oath is the de- sworn, and before the completion lineation of authority between of other organizational business or state and federal government. before the consideration of general Since the House depends on the legislative business. individual states for the adminis- The fourth aspect of procedure tration of elections and the prepa- related to this chapter is the func- ration of credentials, issues may tions of officers. The receipt of cre- be suggested in this chapter as to dentials by the House, and the those powers reserved for the preparation and calling of the states and those granted to the Clerk’s roll, are functions exer- House of Representatives under cised by the Clerk of the pre- the U.S. Constitution. The reader (8) ceding House. The administra- is referred to other portions of this tion of the oath to Members and work for discussion of such floor action taken on challenges issues.(10) are presided over by a newly- elected Speaker, whose scope of authority during the organizational period should be reviewed § 2. Status of Members- for a comprehensive under- and Delegates-elect standing of how those orders of business are completed by the The issue has often arisen, both House.(9) in Congress and in the courts, The final area of substantive whether the scope of privileges procedure relating to the enroll- and prerogatives enjoyed by Mem- bers of Congress fully extends to 8. See 2 USC § 26. For the authority those persons elected to Congress and functions of the Clerk of the pre- but not yet sworn.(11) ceding House at the organization of Congress, see Ch. 1, § 5, supra. 10. See Ch. 8, infra, on elections and 9. For the Speaker’s functions and au- election campaigns, and Ch. 9, infra, thority after he has been elected at on election contests, which discuss the convening of a new Congress, see the respective roles of the state and Ch. 1, § 7, supra. For his entertain- federal governments. ment of motions during the organiza- 11. In early times, Thomas Jefferson tional period, see Ch. 1, § 9, supra; considered the status of Members- for his rulings on action on resolu- elect and concluded that a Member tions, including those relating to elected ‘‘is to every extent a Member oath administration, during organi- except that he cannot vote until he is zation, see Ch. 1, § 12, supra. sworn’’ (Jefferson’s Manual, House

87 Ch. 2 § 2 DESCHLER’S PRECEDENTS

Some of the statutory and con- visions distinguish between Mem- stitutional provisions relating to bers-elect and Members either ex- the incidents of House member- plicitly or by implication.(13) This ship, primarily those of qualifica- chapter will not attempt to dis- tions and disqualifications, have cuss all, or even most, of the produced lengthy House debate on rights, privileges, immunities, and qualifications of membership in whether they apply only to sworn the House of Representatives.(14) Members or also to Members-elect before the assembly of Congress patible offices, the House has de- or before the administration of the cided a Member-elect may retain oath.(12) However, most such pro- such office until appearing to be sworn (for a summary list of related Rules and Manual § 300 [1973]), and precedents and rulings, see House as recently as 1933 Speaker Henry Rules and Manual §§ 95–98 [com- T. Rainey (Ill.) opined that Members- ment to U.S. Const. art. I, § 6, clause elect do not enjoy all the rights and 2] [1973]; for detailed analysis, see Ch. 7, infra). privileges of Members until sworn 13. For example, 39 USC § 3210 (frank- (see § 2.1, infra). For a lengthy and ing privilege) and 2 USC § 34 (com- general discussion whether a Mem- pensation) specifically refer to Rep- ber-elect is as much an officer of the resentatives-elect. Although no con- government before being sworn as stitutional provision uses the term after, see 1 Hinds’ Precedents § 185. ‘‘Member-elect’’ or ‘‘Representative- Although the Supreme Court has elect’’, the Constitution impliedly not specifically ruled on the status of empowers Members-elect to vote for Members-elect, various lower courts a Speaker (under art. I, § 2, clause 5, have considered the question (see, the House chooses a Speaker before e.g., U.S. v Dietrich, 126 F 676 [C.C. the House is sworn), and to demand Neb. 1904]). Several quasi-judicial the yeas and nays (art. I, § 5, clause opinions on the subject may be found 3), and uses the term ‘‘Representa- in the Opinions of the Attorney Gen- tives’’ when referring to Members eral (see 14 Op. Att’y Gen. 133 not yet sworn (see art. I, § 6, clause [1872]; 14 Op. Att’y Gen. 406 [1874]; 2 and art. VI, clause 3). Some sec- 16 Op. Att’y Gen. 271 [1879]). tions of the United States Code similarly use the term ‘‘Members’’ when 12. The Senate has determined that obviously referring to Member-elect. Senators-elect must be at the time of See 2 USC § 25 (administration to election residents of the representa- Speaker of oath by ‘‘Member’’); 2 tive state but need not meet the age USC § 27 (changing the place of and citizen requirements until ap- meeting before Congress convenes, to pearing to be sworn. See S. REPT. protect the health of ‘‘Members’’). NO. 904, 74th Cong. 1st Sess. re- See also 2 USC § 21 (administration printed at 79 CONG. REC. 9651–53 of oath to ‘‘Senators’’). [1935]. For a full discussion, see Ch. 14. For Members immunities, qualifica- 7, infra. As to the holding of incom- tions and disqualifications, see Ch. 7,

88 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 2

Only those aspects of membership the quorum is qualified by the which enable Representatives- statute which directs the pre- elect to function in an official ca- paring of the Clerk’s roll. Only if pacity after their election but be- the individual Member’s-elect cer- fore they have been sworn in will tificate of election, in due form, is be discussed here. on file with the Clerk is his right The status of a Member-elect to be included on the Clerk’s roll ( ) may be described first by the right absolute. 19 And only those Mem- to participate in proceedings after bers whose names appear on the the convening of Congress but be- Clerk’s roll are entitled to vote for fore the taking of the oath, and a new Speaker at the beginning of second by the constitutional and a Congress or to otherwise partici- statutory privileges which become pate in organizational proceedings effective by force of election. prior to the administration of the oath.(20) Three of the powers authorizing The House, in its initial stages, participation in proceedings arise could not complete organizational from constitutional provisions: business if unsworn Members being called for the quorum,(15) were not entitled to debate propo- voting for Speaker,(16) and de- sitions, to propose motions, to manding the yeas and nays.(17) All of those steps may occur in the 19. See Page v U.S., 127 U.S. 67 (1888), House before Members are sworn, for the proposition that it is a man- and before their rights to seats datory step for the Clerk to place on are determined.(18) As to the ini- the Clerk’s roll the name of a duly tial quorum call at the opening of certified Member-elect, pursuant to 2 USC § 26. For the degree of discre- a Congress, the right of a Mem- tion exercised by the Clerk in enroll- ber-elect to be included on the ing Members-elect, see § 4, infra. Clerk’s roll and to be called for 20. While the Clerk is presiding, he refuses to recognize claimants to seats infra. For personal privileges of whose names do not appear on the House membership, see Ch. 11, Clerk’s roll. 1 Hinds’ Precedents § 86. infra. When the time comes for oath ad- 15. U.S. Const. art. I, § 5, clause 1. ministration, a claimant not on the 16. U.S. Const. art. I, § 2, clause 5 roll may be admitted to membership 17. U.S. Const. art. I, § 5, clause 3 (see § 5, infra) and may be permitted 18. For quorum calls and demands for to participate in debate on his right the yeas and nays during organiza- to a seat (see 1 Hinds’ Precedents tion see Ch. 1, § 9, supra. For the 657–672 and Rule XXXII, clause 1, procedure of electing a Speaker, see House Rules and Manual § 919 Ch. 1, § 6, supra. [1973]).

89 Ch. 2 § 2 DESCHLER’S PRECEDENTS offer resolutions, and to raise challenge the right of another points of order. Therefore, all Member-elect to be sworn,(3) and a Members-elect whose regular cre- Member-elect may be permitted to dentials are on file with the debate a proposition related to his (1) House may exercise such rights own right to a seat.(4) (Contest- and may also be named to, and ants to the seats of Members-elect serve on, House committees.(2) In addition, a Member-elect may may also be granted the privilege of the floor and the right of debate ( ) 1. See, generally, Ch. 1, supra, for the by the House membership.) 5 rules of proceeding during organiza- Members-elect are entitled to tion. Although there are no explict those privileges and immunities rulings on the rights of Member-elect which stem from article I, section to generally participate in pro- 6, of the Constitution and from ceedings, those rights are unques- (6) tioned, since the body of those per- various statutory provisions. sons assembled is a ‘‘House’’ before Clause 1 of that section authorizes organization is completed (see 1 Members to receive compensation Hinds’ Precedents § 82). Members- for their services; although the elect have by rule (Rule XXXII provision does not specifically in- clause 1, House Rules and Manual clude Members-elect, Congress § 919 [1973], not technically in effect has provided by statute for the before the adoption of rules) the compensation of Representatives privilege of admission to the floor. 2. A Member-elect may be named to a and Delegates-elect, with creden- committee before he is sworn (see 4 tials in due form, from the begin- ( ) Hinds’ Precedents §§ 4477, 4483, ning of the term of Congress. 7 4484) and the fact that his seat is being contested is not necessarily 3. See § 6.1, infra. taken into account in assigning him 4. See § 2.5, infra. to committees (8 Cannon’s Prece- 5. Contestants in election cases have dents § 2194). Rank on committees is the privilege of the floor under Rule fixed by the order in which Members XXXII clause 1, House Rules and were elected and a Member-elect Manual § 919 (1973). For the right of may be restored to original rank contestants to participate in pro- after resolution of a contest for his ceedings, see Ch. 9, infra. seat (see 8 Cannon’s Precedents 6. For a detailed analysis of immuni- § 2196). Jefferson’s Manual states ties, qualifications, and disqualifica- that ‘‘before a return be made a tions of Members, and for the time Member elected may be named of a at which they become effective, see committee, and is to every extent a Ch. 7, infra. Member except that he cannot vote 7. 2 USC § 34, providing for compensa- until he is sworn.’’ House Rules and tion from the beginning of the term Manual § 300 (1973). to the beginning of the session; 2

90 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 2

Additionally, Representatives, sion, forestalling compensation for Delegates, and Resident Commis- a Member-elect whose seat was to sioners elected to fill unexpired be contested, has been repealed.(9) terms are salaried from the date The other privileges allowed ( ) of their election. 8 A former provi- Members of Congress by clause 1 (and which are discussed in detail USC § 35 operates after the taking of (10) the oath. If a Member-elect takes the elsewhere in this work) are the oath and his seat after the com- privilege from arrest, applicable to mencement of a Congress, he never- Members-elect traveling to Wash- theless receives his salary retro- ington for the assembly of Con- active to the beginning of the term gress,(11) and the immunity (see 2 Hinds’ Precedents § 1206), but disbursement by the Sergeant at mined that a Seriator-elect to fill a Arms on a monthly basis is not made vacancy does not ‘‘qualify’’ for com- until the Member takes the oath. pensation until he has taken the The possibility of double com- oath See Senate resolution of Apr. pensation may arise, if a 29, 1957, 103 CONG. REC. 6060, 85th Memberelect retains an incompatible Cong. 1st Sess. office beyond the beginning of the 9. The provision, contained in the Act term of Congress and before he ap- of Mar. 3, 1873, Ch. 226, § 1, 17 Stat. pears to be sworn. On a recent occa- 488, and repealed by the Act of Mar. sion, a Senator-elect who retained an 3, 1875, Ch. 130, § 1, 18 Stat 389, incompatible office six days after the empowered the Clerk to omit from convening of Congress waived his the roll, for purposes of compensa- congressional salary for that period tion, the name of a Member-elect, (see § 2.6, infra). Although an early until the determination of his right Attorney General’s Opinion (14 Op. to the seat, upon notice that his seat Att’y Gen. 406 [1874]) proposed that would be contested. Currently, the a Member-elect was entitled to re- returned Member-elect is entitled to ceive pay for both an incompatible the compensation, and if a contest- office and his congressional seat ant is subsequently chosen to fill the until appearing to be sworn, a House seat, the contestant is entitled to report cited at 1 Hinds’ Precedents congressional salary only from the § 184 stated (dicta) that the prece- time the compensation of his ‘‘prede- dents of the House neither allowed cessor’’ has ceased. Page v U.S., 127 or disallowed such double compensa- U.S. 67 (1888). tion. 10. See Ch. 7, infra, for immunities, and 8. 2 USC § 37. This provision differs Ch. 11, infra, for the personal privi- from the section relating to Senators lege of a Member. who are elected to fill unexpired 11. Privilege from arrest ‘‘takes force by terms; they receive compensation place of the election.’’ Jefferson’s only from the date they ‘‘qualify.’’ 2 Manual, House Rules and Manual USC § 36. The Senate has deter- § 300 (1973). See also 1 Hinds’ Prece-

91 Ch. 2 § 2 DESCHLER’S PRECEDENTS against being questioned for any There are, in addition, a num- speech or debate in the House, ber of miscellaneous privileges which would seem to apply to necessary to the official func- Members-elect as well as to quali- tioning of Members and Members- ( ) fied Members. 12 elect. Members-elect as well as dents § 499 (on a related subject), Members are expected to comply stating that the privilege is ‘‘granted with House traditions as to deco- by the Constitution to Representa- rum, and conduct.(13) The franking tives before a meeting of the House,’’ privilege is specifically extended in accordance with the common law to Members-elect, although the of Parliament. For an early lower scope of the privilege is more re- court decision holding that the privi- stricted for Members-elect than lege from arrest extended to the re- (14) turn to his home state of a chal- for qualified Members. In addi- lenged Member-elect, delayed by tion, Members-elect are entitled want of funds, against whom a con- by statute and by practice to draw test was decided by the House, see rooms in the House office build- Dunton and Co. v Halstead, 2 Clark ings before they are sworn.(15) (Pa. Law Journal Reports) 236 (D.C. The rights and privileges of Del- Phil. 1840). In that case, however, the claimant to the privilege had egates-elect and Resident Com- journeyed to Washington with the missioners-elect are similar to Governor’s official commission to those for Members-elect. By stat- represent Pennsylvania. Since the House requires regular credentials immunity applies to ‘‘things done in as proof of election (2 USC § 26), pre- a session of the House by one of its sumably only a Member-elect who is Members in relation to the business entitled to have his name placed on before it’’). the Clerk’s roll would come under 13. For example, by custom of the the penumbra of the privilege. House, Members-elect may not ap- 12. As the House is technically in ses- proach the desk during the call of sion during organization and before the roll for the election of a Speaker. swearing-in ceremonies (1 Hinds’ 1 Hinds’ Precedents § 623. Precedents §§ 82, 87, 88), and as en- 14. Members-elect have the right to send rolled Members-elect engage in de- under their frank correspondence on bate before taking the oath (i.e., de- official business, under 32 USC bate before Speaker’s election, Ch. 1, § 3210. They do not have the frank- supra, and debate on the taking of ing privilege for public documents the oath itself, § 6, infra), it may be (32 USC § 3211), for the Congres- assumed that Members-elect enjoy sional Record (32 USC § 3212), or for the privilege (see 2 Hinds’ Prece- agriculture reports (32 USC § 3213). dents § 1655 and 3 Hinds’ Precedents 15. See 40 USC §§ 177–184 and House § 2675 for the proposition that the Rules and Manual § 985 (1973).

92 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 2 ute or by House practice, many of sponded as follows to a parliamen- the rights, privileges, and powers tary inquiry by Mr. Bertrand H. of Members-elect are extended to Snell, of New York: (16) those officials. The important MR. SNELL: In what way does it distinction is that Delegates and change the status of a Member-elect to Resident Commissioners, although have the oath administered to him? they are sworn,(17) are not in- THE SPEAKER: He then becomes a cluded on the Clerk’s roll to estab- full-fledged Member of the House of Representatives, without question. lish a quorum (18) and are not enti- MR. SNELL: Is he not enjoying all the tled to vote either for the Speaker rights and privileges even at the or on other propositions in the present time? House. THE SPEAKER: The Chair thinks he enjoys many of the privileges, but in order to become a Member he must take the oath prescribed by law. Rights and Privileges Gen- MR. SNELL: It bestows on him actual erally membership. THE SPEAKER: He then has actually § 2.1 Members-elect are re- become Member quired by law to take an oath of office and until they so Right to Vote subscribe do not enjoy all the rights and prerogatives of a § 2.2 Members-elect not re- Member of Congress. sponding to the roll call on opening day and not appear- (19) On Mar. 13, 1933, Speaker ing to take the oath en masse Henry T. Rainey, of Illinois, re- with the membership of the 16. For example, Pub. L. 91–405, House are not included on § 294(a), Sept. 22, 1970, extended to further roll calls or entitled the D.C. Delegate, among other pro- to vote until they have been visions, the laws as to taking the sworn. oath and receiving compensation. For the rights and privileges of Dele- Those Members-elect to the 91st gates and Resident Commissioners Congress who did not appear on in general, see Rule XII, House Rules the opening day, Jan. 3, 1969,(20) and Manual § 740, and comment for the call of the Clerk’s roll to thereto, 741 (1973). establish a quorum and for the 17. See § 5, infra. swearing in of Members-elect en 18. See § 4, infra. 19. 77 CONG. REC. 283, 73d Cong. 1st 20. 115 CONG. REC. 12–15, 91st Cong. Sess. 1st Sess.

93 Ch. 2 § 2 DESCHLER’S PRECEDENTS masse were not placed on the reg- Sam Rayburn, of Texas, had died ular roll call of the House for yea during the sine die adjournment). and nay votes until they appeared Their names were not placed on to be individually sworn by the the roll to establish a quorum or Speaker. On Jan. 6, Mr. Charles to elect a Speaker. A. Mosher, of Ohio, was sworn, on Jan. 7, Mr. Robert Taft, of Ohio, Right to Demand Yeas and on Jan. 8, Mr. Donald E. Lukens, Nays of Ohio, on Jan. 9, Mr. Ogden R. Reid, of New York, and on Jan. § 2.4 The yeas and nays may be 28, Mr. Richard T. Hanna, of Cali- demanded by one-fifth of the fornia. Members before the organization of the House. § 2.3 Members-elect to fill un- On Jan. 4, 1965,(3) Speaker expired terms during the John W. McCormack, of Massa- term of a Congress are not chusetts, ruled, in answer to a entitled to be counted for a parliamentary inquiry, that prior quorum or to vote for a new to rules adoption and prior to the Speaker at the opening of a organization of the House, one- ( ) new session. 1 fifth of the Members present could On Jan. 10, 1962,(2) the opening demand the yeas and nays.(4) day of the second session, Mr. Henry B. Gonzalez, of Texas, Mr. Right to Debate of Challengee Joe Waggonner, Jr., of Louisiana, and Mr. Lucien N. Nedzi, of § 2.5 A Member-elect, asked to Michigan, all Representatives- stand aside when the oath is elect to fill vacancies, with creden- administered to other Mem- tials on file with the Clerk, were bers-elect may, by unani- not sworn in until after the elec- mous consent, be permitted tion of a new Speaker (Speaker to participate in debate on a resolution relating to his 1. This practice, which has occurred right to be sworn. only in the instant case, differs from the practice at the opening of a new 3. 111 CONG. REC. 19, 20, 89th Cong. Congress, where all Members-elect 1st Sess. with regular credentials are called to 4. For a ruling by the Clerk, presiding establish a quorum and to vote for a before the election of a Speaker, that Speaker (see § 4, infra). the yeas and nays could be de- 2. 108 CONG. REC. 5–7, 87th Cong. 2d manded by Members-elect, see 1 Sess. Hinds’ Precedents § 91.

94 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 3

On Jan. 10, 1967,(5) during de- sional salary for the period during bate on a resolution relating to which he delayed taking the the right to be sworn of Mr. Adam oath.(8) Clayton Powell, Jr., of New York, who had been asked to stand aside when the oath was adminis- § 3. Presentation of Cre- tered to other Members, unanimous consent was asked by Mr. dentials Carl Albert, of Oklahoma, that Mr. Powell be permitted to par- The device through which the ticipate in the debate. The request House satisfies itself that it is was granted and the challenged composed at its first meeting of Member-elect delivered remarks duly-elected Representatives is ( ) in debate. the presentation of credentials. 9 Although the credentials them- Right to Compensation selves may give rise to substantive questions as to form, va- § 2.6 A Senator-elect who post- lidity, and grounds for chal- poned the choice between his lenge,(10) the presentation and use congressional seat and an in- of the credentials is largely an ad- compatible office six days be- ministrative matter. Although yond the convening of Con- there are still differences among gress waived his congres- the states in the preparation of sional pay for that period. credentials, and in their trans- Mr. Jacob Javits, Senator-elect No. 92–8, pp. 1183–84, 92d Cong. 1st from New York, did not take the Sess. (1971). oath of office in the 85th Congress 8. Senate Manual § 863 (1971) (statis- until Jan. 9, 1957, although the tical section). An early opinion of the (6) Senate had convened on Jan. Attorney General has proposed that Mr. Javits appeared late because until taking the oath a Representa- he did not resign from his position tive-elect could receive salary for as Attorney General of New York both his congressional position and until the day he appeared to take his other office. 14 Op. Att’y Gen. the oath.(7) He waived his congres- 408 (1874), cited at 2 USCA § 25. 9. For a discussion of the function of 5. 113 CONG. REC. 15, 90th Cong. 1st credentials in legislative organiza- Sess. tion, in general, see 1 Hinds’ Prece- 6. 103 CONG. REC. 340, 85th Cong. 1st dents § 631. Sess. 10. See Ch. 8, infra, for the substantive 7. Biographical Directory of the Amer- aspects of credentials as related to ican Congress 1774–1971, S. Doc. elections and election campaigns.

95 Ch. 2 § 3 DESCHLER’S PRECEDENTS mittal to the House, the process The term ‘‘credentials’’ actually has become more standardized refers to a very specific document, than in former years. Credentials the certificate of election, certified certified by the Member-elect him- by the state executive and attest- self,(11) or certified by military or ing to the due election of the respective Member-elect.(16) Certifi- de facto governors (12) or prepared (13) cates are transmitted, usually by without regard to state law, certified mail, to the Clerk of the have not been received by the House,(17) and may arrive anytime House in contemporary practice. up to the date of the convening of In addition, the office of the Clerk Congress; their failure to arrive requires strict compliance with before that date will result in the state law, pursuant to federal individual’s name not appearing statute, before enrolling a Mem- on the Clerk’s roll.(18) The Clerk ber-elect; (14) disputes have seldom arisen as to the Clerk’s action in facto, to the Clerk’s action in enrolling the Member-elect. 73 CONG. REC. (15) accepting credentials. 71, 72, 73d Cong. 1st Sess. Mr. Snell argued that state law, as interpreted 11. See 1 Hinds’ Precedents § 427 (Sen- by the state supreme court, required ate credentials). the official certificate before the tak- 12. See 1 Hinds’ Precedents §§ 383, 388. ing of the oath of office. Mr. Snell 13. See 1 Hinds’ Precedents § 605 (cre- stated that the Clerks of the House dentials showed on face they were had ‘‘always been very particular to not issued according to law); 1 see that the certificate which the Hinds’ Precedents § 376 (credentials Clerk accepted before he put the signed by mere claimant to governor- name on the roll was in strict com- ship); 1 Hinds’ Precedents § 374 (cre- pliance with the law of the state dentials from suspended state gov- itself’’ and averred that the Clerk ernment). had not exceeded his authority in 14. 2 USC § 26 requires credentials such a manner for 50 years. which show the Representatives- 16. See Ch. 8, infra, for the elements elect ‘‘were regularly elected in ac- and form of the certificate, and the cordance with the laws of their issuance thereof by the proper state states respectively, or the laws of the official. United States. 17. When a paper was received by the 15. The most recent debate over the House during the call of the roll, ad- Clerk’s action in enrolling a Member- dressed to the Speaker, the Clerk elect occurred on Mar. 9, 1933 (see presiding declined to open it, al- § 3.4, infra). See the remarks of Mr. though it was supposed to contain a Bertrand H. Snell (N.Y.), on that oc- missing credential. 1 Hinds’ Prece- casion, opposing the administration dents § 47. of the oath to a Member-elect with- 18. Generally, although the House may out credentials, and objecting, post authorize the taking of seats by

96 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 3 has in the past enrolled a Mem- the original is retained in the cus- ber-elect whose certificate of elec- tody of the Clerk’s office during tion was not yet prepared, when and after the period of organiza- the Governor notified the House tion.(3) The set of credentials for that a certificate would be forth- one Congress is delivered by the coming.(19) Clerk, after a period of four years, The Clerk is empowered by to the National Archives, where (4) statute to inquire into the regu- they are kept as a public record. larity under state law of the cre- (The credentials are filed in the dentials when they are deliv- same order in which Members are enrolled, alphabetically by state.) ered.(1) On occasion, the Clerk has enrolled a Member with due cre- Although the Clerk will not as a dentials on file, although notified general rule enroll Members-elect who appear without certificates of of an adverse judicial decision in election, the House itself may au- the state of representation.(2) thorize the administration of oath Only one original certificate is to Members-elect who appear with transmitted to the Clerk’s office ‘‘substitute’’ credentials, where the (although the Member himself original certificate is delayed.(5) may receive a ‘‘ceremonial’’ copy); 3. Since credentials are transmitted di- Members-elect whose credentials rectly from the state executive to the have not yet arrived, the Clerk may Clerk of the House, it is a misnomer not enroll such Members-elect. See to describe Members-elect as ‘‘bear- § 3.7, infra. ing’’ or ‘‘presenting’’ their credentials 19. See § 3.4, infra. The objection to the (see, for example, 1 Hinds’ Prece- Clerk’s action by a Member of the dents § 30—Member-elect as ‘‘bear- House indicated that the Clerk had er’’). The Clerk’s office will accept, acted contrary to the prevailing prac- however, credentials which are tice. See 73 CONG. REC. 71, 72, 73d hand-delivered by the Member-elect Cong. 1st Sess., Mar. 9, 1933. because of the immediacy of the con- 1. The phrasing of 2 USC § 26, requir- vening date of Congress. ing credentials showing regular elec- 4. Since the credentials of the Resident tion under state law, contemplates Commissioner from Puerto Rico, un- some discretion in reviewing state like the certificates of Members and law. For the Clerk’s functions in that Delegates, extend for four years (see respect, see § 4, infra. In early Con- § 5.4, infra), the entire set of creden- gresses, a committee examined the tials for one Congress is retained by credentials of every Member-elect be- the Clerk’s office until the end of the fore authorizing the taking of seats. succeeding Congress. See 1 Hinds’ Precedents §§ 386–387. 5. For early instances of such action, 2. See § 4.3, infra. see 1 Hinds’ Precedents §§162–168.

97 Ch. 2 § 3 DESCHLER’S PRECEDENTS

For example, Members-elect have the House and then filed by the been sworn on the basis of letters Clerk with the other certificates and telegrams from the executive for that Congress.(9) Until the cer- department of the state of rep- tificate is laid before the House, resentation, attesting as to the the respective Representative- due election of the Member-elect elect is not entered on the regular ( ) and stating that regular creden- roll of the House. 10 tials would be forthcoming.(6) Such The credentials of Delegates- state executive declarations may elect and Resident Commissioners state, as a basis for authorizing are similarly transmitted to the the administration of the oath, the Clerk and filed with the other doc- result of official election returns uments for the same Congress. and may request that such com- The main distinction is that the munications constitute official no- credentials of those officials do not entitle them to be included on the tice of election.(7) (On many occa- Clerk’s roll; the other distinction sions, the House authorizes the is that the credentials for the administration of the oath where Resident Commissioner extend for credentials have not yet arrived, four years as opposed to two.(11) pursuant to a statement by another Member-elect that the elec- Evidence of Certificate; Tele- tion in issue is neither contested grams nor questioned.) (8) The Clerk may receive during § 3.1 Not having received their the term of a Congress late cre- certificates of election, the dentials and credentials of Mem- House authorized the admin- bers-elect to fill unexpired terms; istration of the oath to cer- those certificates are laid before tain Members-elect pursuant to the receipt of a telegram On some occasions, the House has enrolled claimants where the state 9. See § 3.6, infra. executive refused to issue any cre- 10. See § 3.7, infra. If Members-elect to dentials. See 1 Hinds’ Precedents fill vacancies appear to take the oath §§ 553–564. following the intervening death of 6. See §§ 3.1–3.4, infra. the Speaker, their credentials are 7. See, for example, § 3.2, infra. not laid before the House and they 8. Swearing in Members-elect who do are not sworn or enrolled until after not have credentials but whose elec- a new Speaker’s election, in which tions are unquestioned is authorized they are not entitled to participate. by unanimous consent. See § 3.5, See § 5.3, infra. infra. 11. See § 3.8, infra.

98 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 3

from the state Attorney Gen- minister the oath of office to Mrs. eral and Chairman of the Elizabeth P. Farrington, Delegate- state Board of Canvassers. elect of Hawaii, whose certificate ( ) of election had not yet arrived. On Nov. 15, 1937, 12 the Clerk She was administered the oath of the House submitted to the pursuant to a letter from the Gov- House a telegram from the Honor- ernor of Hawaii stating the elec- able John J. Bennett, Jr., Attor- tion results and requesting that ney General of New York and the communication be accepted as Chairman of the state Board of notice of her election pending ar- Canvassers, indicating the elec- rival of the official certificate, due tion of three Representatives to to the desirability of having Ha- fill vacancies. The telegram indi- waii represented in the House during the closing days of the ses- cated that certificates of election sion. issued by the state Board of Can- vassers would be forwarded short- § 3.3 The House authorized, by ly. The House authorized Speaker unanimous consent, the ad- William B. Bankhead, of Ala- ministration of the oath to a bama, to administer the oath to Member-elect, whose certifi- the three Representatives-elect. cate of election had not arrived, pursuant to a telegram § 3.2 The oath was adminis- from the Secretary of State tered, by unanimous consent, stating that the Member- to a Delegate-elect whose elect was duly elected ac- certificate of election had cording to unofficial returns. not arrived, pursuant to a On Oct. 30, 1963,(15) the House communication from the ter- authorized the administration of ritorial governor attesting to the oath to Mr. Mark Andrews, of the election results and re- North Dakota, pursuant to a tele- questing that the commu- gram from Ben Meier, Secretary nication constitute official of State of North Dakota, stating notice of election. that according to unofficial returns Mr. Andrews had been On Aug. 4, 1954,(13) the House ( ) elected to complete an unexpired authorized the Speaker 14 to ad- term. 12. 82 CONG. REC. 9, 75th Cong. 2d § 3.4 A Member-elect appear- Sess. ing without credentials has 13. 100 CONG. REC. 13282, 83d Cong. 2d Sess. 15. 109 CONG. REC. 20612, 88th Cong. 14. Joseph W. Martin, Jr. (Mass.). 1st Sess.

99 Ch. 2 § 3 DESCHLER’S PRECEDENTS

been enrolled and sworn the House may by unanimous where the state executive no- consent authorize the Speak- tified the House that al- er to administer the oath to though the Member-elect had Members-elect whose elec- been duly elected, the prepa- tions are not contested. ration of the certificate was On Nov. 15, 1937,(18) the House delayed by the technicalities authorized Speaker William B. of state law. Bankhead, of Alabama, by unani- On Mar. 9, 1933,(16) the Clerk mous consent, to administer the placed on the roll and the House oath to three Representatives- authorized to be sworn in the elect for whom certificates of elec- Member-elect from Maine, Mr. tion had not yet been received, John G. Utterback, who had ap- and whose elections were not con- peared without a certificate of tested. election. The Governor of Maine Similarly, on Oct. 3, 1940,(19) had informed the House that Mr. the House authorized, by unani- Utterback was duly elected but mous consent, Speaker Sam Ray- that a certificate of election would burn, of Texas, to administer the not be forthcoming until the as- oath of office to Member-elect sembly of the executive council, Florence R. Gibbs, of Georgia, not- which was required by state law withstanding the fact that the cer- to act with the Governor in the tificate of election had not yet ( ) preparation of the certificate. 17 been received in the Clerk’s office. Also, on June 20, 1941,(20) the Oath Administration Absent oath was administered by unani- Credentials mous consent to Mr. John H. § 3.5 Where certificates of elec- Foulder, of North Carolina, whose tion have not been received, certificate of election had not yet been received.(1) 16. 73 CONG. REC. 71, 72, 73d Cong. 1st Sess. 18. 82 CONG. REC. 9, 75th Cong. 2d 17. See the remarks, in opposing the au- Sess. thorization of the administration of 19. 86 CONG. REC. 13117, 76th Cong. 3d the oath to Mr. Utterback, of Mr. Sess. Bertrand H. Snell (N.Y.), who argued 20. 87 CONG. REC. 5398, 77th Cong. 1st that the action of the House set a Sess. dangerous precedent and violated 1. Similar House action has been taken both state and federal law. 73 CONG. on numerous occasions. See, for ex- REC. 71, 72, 73d Cong. 1st Sess. ample, 109 CONG. REC. 11233 (June

100 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 3

Credentials to Fill Vacancies quorum when the second session convenes; their names § 3.6 The Clerk of the House are included on the roll only informs the House of the re- after their certificates of ceipt of a certificate of elec- election have been laid be- tion of a Member-elect, elect- fore the House and after the ed to fill an unexpired term, oath has been administered whereupon the new Member to them. is sworn in. On Jan. 10, 1966, the opening ( ) On May 21, 1934, 2 Speaker day of the second session,(3) after Henry T. Rainey, of Illinois, laid the call of the roll to ascertain the before the House the following presence of a quorum, the certifi- communication: cates of election of Mr. Clarence J. Honorable HENRY T. RAINEY, Brown, Jr., of Ohio, and Mr. Speaker of the House of Representa- Thomas M. Rees, of California, tives, Washington, D.C. both elected to fill vacancies, were DEAR SIR: The certificate of elec- laid before the House. The oath tion of Honorable J.Y. Sanders, Jr., was then administered to them by has been received, to fill the unex- Speaker pro tempore Carl Albert, pired term of Honorable Bolivar E. Kemp, of the sixth district of the of Oklahoma, and their names State of Louisiana. were then included on subsequent Very respectfully, roll calls. SOUTH TRIMBLE, Clerk of the House of Representatives. Credentials of Delegates and Mr. Sanders was then presented Resident Commissioners to the House and administered § 3.8 At the opening of a Con- the oath of office by the Speaker. gress, the Clerk informs the § 3.7 Members-elect, elected to House of the receipt of the fill vacancies occurring in credentials of Delegates and the first session, are not in- of the Resident Commis- cluded on the roll call to as- sioner from Puerto Rico, certain the presence of a whose names are not placed on the Clerk’s roll. 20, 1963), 14242 (Aug. 6, 1963), On Jan. 3, 1973,(4) immediately 20612 (Oct. 30, 1963), 88th Cong. 1st after the call of the Clerk’s roll to Sess.; 111 CONG. REC. 13774 (June 16, 1965), 27171 (Oct. 18, 1965), 3. 112 CONG. REC. 6, 89th Cong. 2d 89th Cong. 1st Sess. Sess. 2. 78 CONG. REC. 9151, 73d Cong. 2d 4. 119 CONG. REC. 12, 93d Cong. 1st Sess. Sess.

101 Ch. 2 § 3 DESCHLER’S PRECEDENTS establish a quorum, the Clerk an- § 3.10 On one occasion the nounced to the House the receipt House was informed of the of the credentials of: Delegate- appointment of the Resident elect Walter E. Fauntroy, of the Commissioner of the Phil- District of Columbia, Delegate- elect Antonio Borja Won Pat, of ippines by the President of Guam, Delegate-elect Ron De the United States. Lugo, of the Virgin Islands, and On Aug. 18, 1944,(6) Speaker Resident Commissioner-elect Sam Rayburn, of Texas, laid be- Jamie Benitez, of Puerto Rico. As fore the House a communication the names of Delegates and Resi- from the President of the United dent Commissioners are not called States, the Honorable Franklin D. to establish a quorum or to vote Roosevelt, transmitting a commu- for Speaker, their names were not nication from the President of the included on the Clerk’s roll. Philippines advising the President Parliamentarian’s Note: The credentials of Delegates expire of the appointment of Colonel Car- with the term of the House, but los P. Romulo, as Resident Com- the Resident Commissioner’s cre- missioner of the Philippines. dentials extend for a four-year Parliamentarian’s Note: The term. Philippine Government was sitting in Washington due to Japa- § 3.9 The Clerk informs the nese occupation of the Islands. House of the receipt of the credentials of the new Resi- dent Commissioner of Puerto § 4. The Clerk’s Roll Rico to fill a vacancy, whereupon the Commissioner is The Clerk’s roll is the list of sworn. Members-elect, arranged alpha- On Jan. 3, 1940,(5) the Clerk of betically by states, which the the House, South Trimble, in- Clerk prepares in advance of the formed the the House of the reconvening of a new Congress ceipt of a certificate signed by the based on the certificates of elec- Governor of Puerto Rico, showing tion received by his office.(7) That the appointment of Mr. Bolı´var Paga´n as Resident Commissioner 6. 90 CONG. REC. 7102, 78th Cong. 2d of Puerto Rico, to fill a vacancy. Sess. Mr. Paga´n was then adminis- 7. See 2 USC § 26, directing the prepa- tered the oath of office. ration of the Clerk’s roll. As to the form of credentials and their trans- 5. 86 CONG. REC. 6, 76th Cong. 3d mission to the Clerk’s office, see § 3, Sess. supra.

102 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 4 particular roll is called only once, tials on file with the Clerk has a directly after the Congress con- right to be included on the Clerk’s venes, in order to establish a roll; (11) whether or not a specific quorum of Representatives-elect set of credentials shows the per- to proceed to the organization of son named therein to be regularly the House.(8) The roll does have a elected is a matter solely for the further purpose, in that it con- decision of the Clerk,(12) who is stitutes the first official declara- the only official authorized to pre- tion as to which persons claiming pare the Clerk’s roll (unless his of- seats in the House are entitled to fice is vacant, in which case the participate in the proceedings Sergeant at Arms, or in his ab- prior to election of the Speaker, (9) sence, the Doorkeeper, performs and in the election itself. the Clerk’s functions).(13) (10) As indicated above, every Whether or not the Clerk may Member-elect with regular creden- go behind the document of creden- 8. See, generally, Ch. 1, § 5, supra, for 11. In Page v U.S., 127 U.S. 67(1888), the procedure at organization when the Clerk is presiding. The roll to the Supreme Court held, inter alia, elect the Speaker is called alphabeti- that a Representative-elect whose cally on a roll call vote, with each credentials showed he was regularly Member casting his vote by declaring elected must have been placed on the the name of the nominee of his Clerk’s roll under § 31 of the Revised choice. (See Ch. 1, § 6, supra.) For Statutes (now, 2 USC § 26). the relationship between the Clerk’s 12. See the provisions of 2 USC § 26, roll and regular rolls of the House, which do not specify the required see § 4.1, infra. form of credentials, or the factors for 9. As the roll to elect a Speaker is determining whether they show the based exclusively upon the Clerk’s Member-elect was ‘‘regularly elect- roll, a claimant to a seat who is not ed.’’ In early times, a committee ex- enrolled will not be called on the roll amined the credentials with the ob- call vote (see § 2, supra, for the right ject of ensuring the regularity (see 1 to participate of Members-elect). For Hinds’ Precedents §§ 386, 387). Mere the proposition that claimants not enrollment does not entitle a Mem- enrolled may not participate in orga- ber-elect to a seat, however, as the nization until the House takes some House determines both the prima action on their claims, see 1 Hinds’ facie and final entitlement to that Precedents §§ 83–86. On the other right (see § 6, infra); the House may hand, Members-elect enrolled may review the action of the Clerk in en- participate before the House decides rolling Members-elect (see, generally, that they were enrolled on insuffi- 1 Hinds’ Precedents §§ 589–610). cient evidence (see 1 Hinds’ Prece- 13. See 2 USC § 26. For a recent occa- dents § 366). sion where the Doorkeeper assumed 10. § 3, supra. the Clerk’s functions, see § 4.2, infra.

103 Ch. 2 § 4 DESCHLER’S PRECEDENTS tials itself to determine whether a Member-elect unless credentials to enroll a particular Member- regular in form and in strict com- elect depends on the specific cir- pliance with state law have been cumstances of the case. In past received.(17) Congresses, Members-elect have The Clerk’s roll is directed to be been enrolled where there was no read at the opening of a Congress certificate but there were commu- by the Clerk, or by the officer who nicated official statements from assumes his functions. The roll is state authorities showing election called in the same manner in return,(14) or where the creden- which it is prepared, alphabeti- tials were irregular but state law cally by state.(18) forbade rejection of credentials for Occasionally it is necessary to mere informalities.(15) On at least correct the roll, due to technical one occasion, the Clerk has in- errors or due to changes in the quired into the age qualification of membership. The roll has been a Member-elect who was not yet corrected on the floor of the House 25 years old when his credentials by reference to credentials, when were presented, but who reached the roll contained a typographical the age limit after Congress had error; (19) where there are alleged convened.(16) In contemporary errors in substance, the Clerk’s practice, the Clerk will not enroll roll will not be corrected until the

14. See 6 Cannon’s Precedents § 597. For 17. Strenuous opposition was voiced in a recent instance of such action, see the House on the last occasion when § 4.4, infra. the Clerk enrolled a claimant to a 15. See 6 Cannon’s Precedents § 557. seat whose credentials had not yet 16. See 1 Hinds’ Precedents § 418. For a been received (see § 4.4, infra). The full discussion of the meeting of Clerk has enrolled a Member-elect qualifications before appearing to despite an order of the state su- take the oath, but after the election preme court restraining the issuance or even after the convening of Con- of the certificate of election (see § 4.3, gress, see Ch. 7, infra. A line of infra). For similar past instances precedents in both the Senate and where credentials already delivered House suggest that a Member-elect to the Clerk took precedence over ad- lacking the age and citizenship reverse decisions by the highest court quirements of U.S. Const. art. I, § 2, of the representative state, see 1 clause 2, at the time of election may Hinds’ Precedents §§ 56, 57. forestall presenting his credentials 18. See § 4.1, infra. and taking the oath until he satisfies 19. See 1 Hinds’ Precedents § 25 (name those qualifications, after the con- of state Governor, instead of Mem- vening of Congress. ber-elect, called by error).

104 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 4 time for the administration of the elect, who had disappeared under oath to Member.(20) Before the the same circumstances as the House meets, the Clerk may former, was not stricken from the strike from the roll names of roll, since the state of representa- Members-elect whose certificates tion had not declared his seat va- of election are on file, but who cant nor recognized the possibility have resigned or who have died of presumed death.(3) before the convening of a Con- The composition of the Clerk’s gress.(1) However, such corrections roll is determinative of those per- are only made by the Clerk pursu- sons entitled to be counted for the ant to official declarations by the initial quorum of the House, and executive of the state of represen- those persons entitled to vote for tation. For example, in the 93d Speaker at the opening of a new Congress, the name of a Member- Congress.(4) In that respect, the elect whose seat the Governor had regular roll differs substantially declared vacant pursuant to a pre- from the roll to establish a sumptive death verdict was strick- quorum or to elect a new Speaker ( ) en from the Clerk’s roll. 2 But the at the beginning of a second ses- name of a companion Member- sion. 20. The Clerk may not entertain motions When the Speaker died between to ‘‘correct’’ the roll by substituting sessions of the 87th Congress, and the name of a claimant for the name several Members-elect appeared to of a Member-elect (see 1 Hinds’ fill vacancies at the beginning of Precedents §§ 22–24). Challenges, the second session, those Mem- which attempt to add the name of bers-elect were not called to estab- one person to the roll and to strike lish a quorum or to elect a new the name of another, are not made Speaker, although their certifi- until the Speaker indicates that the administration of the oath is in order cates of election were on file with (see § 6, infra). the Clerk. They could not be 1. See §§ 4.6, 4.8, infra. For an excep- sworn until after the Speaker was tion to that procedure, see § 4.7, elected, and the regular roll of the infra (where a Member-elect died House includes only those Mem- moments before Congress convened, his name was not stricken from the 3. See § 4.9, infra. Subsequently, the roll until the House was informed of House itself declared the seat va- the death). The Clerk’s power to cant, pursuant to presumptive death strike the names of dead and re- evidence, and the Member’s-elect signed Members-elect is traditional name was then stricken from further (see 1 Hinds’ Precedents §§ 26–28). roll calls. 2. See § 4.8, infra. 4. See § 2, supra.

105 Ch. 2 § 4 DESCHLER’S PRECEDENTS bers who have qualified for mem- to establish a quorum of Rep- bership by taking the oath.(5) resentatives-elect at the con- Therefore, although the Clerk’s vening of a new Congress is roll furnishes the preliminary prepared and called alpha- basis for the regular roll of the House, the latter reflects changes betically by states. in membership occurring after The Clerk’s roll at the begin- Congress convenes, such as ad- ning of the 92d Congress was both verse determination of election prepared and called by state dele- contests, resignations of Members- gations, listed alphabetically.(7) elect who decline to take the oath The roll to establish a quorum has in favor of another office, and taken that form at the beginning deaths.(6) of every Congress.(8) However, un- Form and Call of the Roll less the roll is taken by electronic device (see Chs. 20, 30, infra) reg- § 4.1 Unlike regular roll calls ular roll calls of the House are re- of the House, the Clerk’s roll quired to be called alphabetically by surname under House Rule 5. See § 4.11, infra. On the same occa- (9) sion, resignations of Members re- XV. (After a quorum is estab- ceived during adjournment were not lished at the opening of a new laid down prior to the vote for Congress, the roll to elect a Speaker, although their names had Speaker is called alphabetically, been stricken from the roll of the to which the Member responds by House (see § 4.10, infra). That prac- calling the surname of the nomi- tice is to be distinguished from the (10) procedure at the convening of a new nee of his choice.) Congress, where the Clerk announces before the election of the § 4.2 Where the Clerk has died Speaker the names of those resigned between Congresses, and in Members-elect whose names have been stricken from the roll. See, e.g., 7. 117 CONG. REC. 9, 10, 92d Cong. 1st announcement of the Clerk as to a Sess., Jan. 21, 1971. vacancy in the 92d Congress, 117 8. In former Congresses, the roll to es- CONG. REC. 10, Jan. 21, 1971. tablish a quorum at the beginning of 6. After organization, the roll of the a new session during the term of a House consists of those Members Congress was also called by states chosen, sworn, and living whose (see 1 Hinds’ Precedents § 83). membership has not been termi- 9. Rule XV clause 1, House Rules and nated by resignation or by the action Manual § 765 (1973). of the House. See 4 Hinds’ Prece- 10. See, e.g., 117 CONG. REC. 10, 11, 92d dents §§ 2889 2890; 6 Cannon’s Cong. 1st Sess., Jan. 21, 1971. See Precedents § 638. also 1 Hinds’ Precedents §§ 204–222.

106 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 4

the absence of the Sergeant On Jan. 3, 1949,(12) Clerk John at Arms, the Doorkeeper of Andrews, of Massachusetts, made the House directs the call of the following announcement: the roll of Representatives- A certificate of election is on file in elect, prepared under his the Clerk’s office, showing the election auspices. of John C. Davies as a Representative- elect to the Eighty-first Congress from (11) On Jan. 3, 1947, the opening the Thirty-fifth Congressional District of the 80th Congress, the Door- of the State of New York. keeper of the House, Ralph R. Several communications have been Roberts, directed the call of the received from the executive deputy secretary of state for the State of New roll to establish a quorum and to York informing the Clerk that a case is elect a Speaker. The Doorkeeper pending before the supreme court, Al- assumed the functions of the bany County, N.Y., and that the said secretary of state is restrained from Clerk of the House, in preparing certifying the election of a Representa- the roll and directing the call tive from this congressional district. thereof, pursuant to title 2, However, in view of the fact that a cer- United States Code, section 26, tificate of election in due form has been filed with the Clerk by John C. appointing the Doorkeeper to per- Davies, the Clerk has therefore placed form those duties in the absence his name on the roll. (13) of both the Clerk and the Ser- geant at Arms. § 4.4 The House may authorize the Speaker to administer Clerk’s Review of State Law the oath of office to a Mem- ber-elect who appears with- § 4.3 A certificate of election in 12. 9.5 CONG. REC. 8. 81st Cong. 1st due form having been filed, Sess. the Clerk placed the name of 13. Under New York law, although Con- the Member-elect on the roll, gress is the final judge of the quali- although he was subse- fications of its own Members, until quently advised that the the certificate of election has been state supreme court had transmitted to and acted upon by issued a writ restraining the Congress, New York state courts are open to a candidate who alleges that Secretary of State from the certificate is being issued in vio- issuing such certificate. lation of the law. People ex rel. Brown v Board of Suprs. of Suffolk 11. 93 CONG. REC. 33, 34, 80th Cong. 1st County, 216 N.Y. 732, 110 N.E. 776 Sess. (1915) (mem.).

107 Ch. 2 § 4 DESCHLER’S PRECEDENTS

out credentials but whose statehood for a new state name has been placed upon during the call of the Clerk’s the roll of Members-elect by roll, and directed that the the Clerk, pursuant to a com- new state be called. munication from the state On Jan. 7, 1959,(16) after the Governor. commencement of the call of the On Mar. 9, 1933,(14) the House Clerk’s roll on opening day, and adopted a resolution authorizing after the call of the names of the administration of the oath of Members-elect from Alabama, the office to Mr. John G. Utterback, of Clerk made the following an- Maine, who reported on opening day without a signed certificate of nouncement: election from the Governor of the A certified copy of the Presidential State of Maine. The Clerk had proclamation indicating that the Terri- placed the name of Mr. Utterback tory of Alaska has qualified as a State upon the Clerk’s roll pursuant to pursuant to provisions of law has been a letter from the Governor of received. Maine stating that although the The clerk will proceed. Member-elect apparently received The Representative-elect from a majority of the votes cast in the Alaska was then called. district the Governor was without authority to issue credentials due Correcting the Roll for Deaths to the terms of a state law which required the concurrent action of § 4.6 At the opening of a Con- the Governor and executive coun- gress the Clerk informs the sel before an election certificate could be issued.(l5) House of vacancies in the Clerk’s roll, occasioned by Adding New States to Roll the death of Members-elect. (17) § 4.5 The Clerk announced re- On Jan. 3, 1973, the opening ceipt of the proclamation of day of the 93d Congress, the Clerk announced after the call of 14. 73 CONG. REC. 71, 72, 73d Cong. 1st the Clerk’s roll, which did not in- Sess. clude the name of Member-elect 15. See the remarks, in opposing the en- George W. Collins, that the death rolling of and the administration of the oath to the Member-elect without of that Member-elect created a va- credentials, of Mr. Bertrand Snell (N.Y.), arguing that the action of the 16. 105 CONG. REC. 11, 86th Cong. 1st House and of the Clerk set a dan- Sess. gerous precedent. 73 CONG. REC. 71, 17. 119 CONG. REC. 12, 93d Cong. 1st 72, 73d Cong. 1st Sess. Sess.

108 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 4 cancy in the state delegation of Il- On Jan. 3, 1973,(19) the opening linois. day of the 93d Congress, the Clerk of the preceding House, W. § 4.7 On an exceptional occa- Pat Jennings, directed the call of sion, where a Representa- the Clerk’s roll to establish a tive-elect whose certificate of quorum. The reading clerk an- election was on file with the nounced that the delegation of the Clerk died moments before State of Alaska was vacant. The the House convened, his name of Mr. Nick Begich, Rep- name was included on the resentative-elect at large from Clerk’s roll until the House that state, had been omitted from was informed of his death the Clerk’s roll pursuant to the re- after assembly. ceipt by the Clerk of a certified On Jan. 10, 1967,(18) the open- copy of the certificate of presump- ing day of the 90th Congress, the tive death of Mr. Begich. The name of Member-elect John E. Clerk also informed the House, Fogarty, of Rhode Island, was in- after the election of the Speaker, cluded on the Clerk’s roll to estab- that the Governor of Alaska had lish a quorum, although Mr. declared the seat of Mr. Begich Fogarty had died in his office vacant. shortly before the House was to convene. His name was not strick- § 4.9 Where the state of rep- en from the roll of the House until resentation did not certify, the Clerk informed the House of either through its judiciary his death, shortly after the call of or through its executive, the the roll. presumptive death of a Rep- resentative-elect, his name § 4.8 The Clerk of the House was placed on the Clerk’s omitted from the roll at the roll and not stricken from beginning of the 93d Con- the roll of the House until gress the name of a Rep- the House determined the resentative-elect, pursuant to seat to be vacant. the receipt of judicial certifi- On Jan. 3, 1973,(20) the opening cation of presumptive death, day of the 93d Congress, Clerk of and of the state executive’s declaration of vacancy. 19. 119 CONG. REC. 11 et seq., 93d Cong. 1st Sess. 18. 113 CONG. REC. 11, 12, 90th Cong. 20. 119 CONG. REC. 15, 93d Cong. 1st 1st Sess. Sess.

109 Ch. 2 § 4 DESCHLER’S PRECEDENTS the House W. Pat Jennings in- documentary evidence and on the formed the House that he had official certification by the State of placed upon the roll of Represent- Alaska of Mr. Begich’s presump- atives-elect the name of Mr. Hale tive death. The name of Mr. Boggs Boggs, of Louisiana, pursuant to was stricken from subsequent roll the receipt of his certificate of calls. election. The Clerk had, however, The resolution adopted by the omitted from the roll the name of House read as follows: Mr. Nick Begich, of Alaska, who H. RES. 1 had been missing since Oct. 16, 1972, the date of the disappear- Whereas a certificate of election has ance of an airplane on which Mr. been received by the Clerk of this House showing the election of Hale Boggs had also been a passenger. Boggs as a Representative in the Nine- Mr. Begich’s name had been omit- ty-third Congress from the Second ted from the roll pursuant to the Congressional District in the State of receipt by the Clerk of a presump- Louisiana; and tive death certificate from the Whereas Representative-elect Hale State of Alaska and pursuant to a Boggs has not appeared to take the oath of office as a Member of this telegram from the Governor of House; and that state notifying the House Whereas the Clerk of the House of that he had declared Mr. Begich’s Representatives, acting at the direction seat vacant. In Mr. Boggs’ case, of the Speaker of this House for the however, the Clerk had received Ninety-second Congress, has certification from the State of ascertained that Representatives Nick Begich and Hale Boggs, Members of Louisiana stating that no state the Ninety-second Congress, together court actions had been instituted with Russell L. Brown and Don E. to change Mr. Boggs’ status or to Jonz of the State of Alaska, all of affect the validity of his certificate whom departed together by plane from of election, and stating that the Anchorage, Alaska, on October 16, 1972, on a flight bound for Juneau, Governor himself had taken no ac- Alaska, have been missing since that tion to affect Mr. Boggs’ status as date and despite repeated and thor- a Representative-elect. Therefore ough searches have not been located; Mr. Boggs’ name had been placed and on the roll and called to establish Whereas the District Court for the a quorum. State of Alaska, Third Judicial Dis- trict, after hearing witnesses and The House subsequently adopt- studying all available evidence relative ed a resolution determining Mr. to the disappearance of Representative Boggs’ seat to be vacant, based on Begich, Russell L. Brown and Don E.

110 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 4

Jonz, has determined that these three Resolved, That the Sergeant at Arms men cannot be found alive after such a of the House be authorized and di- lapse of time and are presumed dead; rected to take such steps as may be and necessary to carry out the provisions of Whereas as a result of the findings these resolutions and that the necessary expenses in connection thereof the jury in the aforementioned judi- with, as well as any incurred by the cial proceeding the judge of the said Clerk at the Speaker’s request, be paid court has signed certificates of pre- out of the contingent fund of the sumptive death with respect to Rep- House. resentative Begich, Russell L. Brown Resolved, That the Clerk commu- and Don E. Jonz; and nicate these resolutions to the Senate, Whereas no evidence has been pre- to the Governor of the State of Lou- sented to this House or is known to it isiana, and transmit a copy to the fam- which distinguishes the missing status ily of the missing Representative-elect of Representative-elect Hale Boggs Hale Boggs. from that of the three men for whom the aforementioned certificates of pre- Roll to Begin Session sumptive death have been issued; Therefore be it § 4.10 Election of a new Speak- Resolved, That based on information er being the first order of provided by its Clerk, this House of business, resignations of Representatives hereby determines Members received during the that there is a vacancy in the Ninety- sine die adjournment after third Congress in the representation from the Second Congressional District the first session were not in the State of Louisiana because of laid down prior to the vote, the absence of Representative-elect but their names had been Hale Boggs. stricken from the roll and Resolved, That the Speaker of the were not called to establish a House is hereby directed to notify the quorum or to elect a Speaker Governor of the State of Louisiana of the existence of this vacancy so that at the opening of the second ( ) appropriate measures to fill this va- session. 1 cancy may be undertaken by the Gov- ernor pursuant to Article I, Section 2 1. This practice is distinguished from of the Constitution of the United the procedure at the opening of a States. new Congress, where the Clerk an- Resolved, That the Speaker be au- nounces vacancies immediately after thorized to appoint a delegation of the call of the Clerk’s roll (which Members of this House, together with does not include the names of re- such Members of the Senate as may be signed Members) but before the elec- joined, to attend memorial services to tion of a Speaker. See, e.g., an- be held for the former Majority Leader nouncement of the Clerk as to a va- in New Orleans, Louisiana, on January cancy in the 92d Congress, 117 4, 1973. CONG. REC. 10, January 21, 1971.

111 Ch. 2 § 4 DESCHLER’S PRECEDENTS

On Jan. 10, 1962,(2) the opening On Jan. 10, 1962,(4) the opening day of the second session, fol- day of the second session, Mr. lowing the death of Speaker Sam Henry B. Gonzalez, of Texas, Mr. Rayburn, of Texas, during the sine Joe Waggonner, Jr., of Louisiana, die adjournment, Clerk of the and Mr. Lucien N. Nedzi, of House Ralph R. Roberts called the Michigan, all Representatives- roll to establish a quorum and elect to fill vacancies, were not proceeded immediately to the elec- sworn in until after the election of tion of a Speaker. The names of Speaker John W. McCormack, of Mr. Frank Ikard, of Texas, and Massachusetts. Their names were Mr. Lester Holtzman, of New not placed on the roll to establish York, who had submitted their a quorum or to elect a Speaker. resignations during the sine die adjournment, were not included on the roll to establish the quorum or to elect a Speaker. § 5. Administering the Their resignations were not an- Oath nounced until after the election. The Constitution requires, at § 4.11 Where the Speaker had article 6, clause 3, that every Sen- died between sessions of the ator and every Representative 87th Congress and a new swear or affirm to uphold the Speaker was elected imme- Constitution of the United States. diately after the second ses- Since neither the form, nor the sion had convened, Members- procedure of administration, nor elect to fill vacancies with the time of administration of the credentials on file were not oath of office are specified by con- called to establish the stitutional provisions, they are all quorum or to elect a Speak- regulated by statute. The form of er.(3) the oath taken by Members-elect (the same oath taken by the 2. 108 CONG. REC. 5–7, 87th Cong. 2d Speaker and officers of the Sess. House) (5) has undergone revision 3. The procedure followed in this instance differs from the practice at 4. 108 CONG. REC. 5–7, 87th Cong. 2d the opening of a new Congress, Sess. where all Members-elect with reg- 5. 2 USC § 26 requires the oath of the ular credentials are called to estab- Speaker and Clerk as well as of lish a quorum and to vote for a Members. The form of the oath pre- Speaker (see detailed discussion at scribed for an individual elected or § 4, supra). appointed to an office in the civil

112 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 since the first Congress,(6) and I, AB, do solemnly swear (or affirm) now reads as followings: that I will support and defend the Con- stitution of the United States against service or uniformed service appears all enemies, foreign and domestic; that at 5 USC § 3331. If a new Speaker is I will bear true faith and allegiance to elected after the organization of the the same; that I take this obligation House, and after he has taken the freely, without any mental reservation oath of office as a Member, he never- or purpose of evasion; and that I will theless must be administered the well and faithfully discharge the duties oath again as Speaker. See 1 Hinds’ of the office on which I am about to Precedents § 225. enter. So help me God. 6. The first oath of office was worded, Since appearing to be sworn is a by the Act of June 1, 1789, Ch. 1, 1 mandatory step to bestow full Stat. 23, as follows: ‘‘I, A. B., do solemnly swear or affirm (as the case membership on persons elected to may be) that I will support the Con- Congress, there has been some de- stitution of the United States.’’ Na- bate on whether the requirement tional sentiment in the wake of the can be construed as a ‘‘qualifica- Civil War lead to a new oath, under tion’’ for membership, with Con- the Act of July 2, 1862, Ch. 128, 12 gress determining whether that Stat. 502, which disqualified for a (7) congressional seat any person with a qualification has been met. But past record of disloyalty to the of the United States government United States (disloyalty was ex- save the President. Further minor haustively defined within the wording of that oath). Pursuant to the revisions, now incorporated in 5 USC ratification of the Fourteenth § 3331, were added by the Act of Amendment (whose clause 3 dis- Sept. 6, 1966, Pub. L. 89–554, 80 qualified, among others, past sup- Stat. 424. porters of the Confederate cause, 7. See Ch. 7, infra, wherein is dis- with a provision for removal of such cussed the limits on the power of the disqualification), Congress provided House to exclude a Member-elect for in the Act of July 11, 1868, Ch. 129, disloyalty. 15 Stat. 85, for a specific oath to be For a recent general statement on taken by those who ‘‘participated in the oath as bestowing membership, the late rebellion’’ but whose dis- see § 2.1, supra. As to the responsi- ability for membership in Congress bility of governmental officials who had been removed by an act of Con- have omitted to take the required gress. The 1868 act contained the oath, one federal court stated that form of the oath that is used today. where such an official has been elect- Finally, the Act of May 13, 1884, Ch. ed or appointed and has discharged 46, 23 Stat. 22, repealed all of the his duties, he would be estopped to lengthy and disqualifying 1862 oath deny his right to the office if pros- and provided for the 1868 oath to be ecuted for an offense committed in thenceforth applicable to all officers the discharge of duties. ‘‘[I]t is not

113 Ch. 2 § 5 DESCHLER’S PRECEDENTS no precedents grant to the taking In contemporary practice, the of the oath the status of a con- Members are sworn in all at one stitutional qualification whereby time, after the Speaker directs the House becomes the judge of them to rise for that purpose.(10) If the willingness and sincerity of a challenge is to be made to the the Member taking it. The United right of a Member-elect to be States Code (2 USC) § 25) pro- sworn, it is made after the Speak- vides that the oath be adminis- er directs the Members (and the tered to the Speaker, and by him Delegates and the Resident Com- to the Members and Delegates missioner) (11) to rise to take the present and to the Clerk, ‘‘pre- oath.(12) Where Members-elect are vious to entering on any other absent on opening day, the House business. . . .’’ Although that may authorize the Speaker him- statute has been considered direc- self or a deputy to be appointed by tory and not mandatory as to the him to administer the oath to general sequence of events at or- such absentees away from the (8) ganization, the oath is always House.(13) After the Speaker, or administered first to the Speaker the deputy appointed by him,(14) (immediately after his election) ( ) and then to the Members-elect. 9 10. See § 5.1, infra, for the modern practice and for a discussion of the probable that a failure to take the former method of administering the oath would affect the acts of one who oath by states. is by the [United States] Senate ac- 11. Since the Resident Commissioner is tually admitted to a seat therein, elected for a four-year term, as op- and who actually exercises the func- posed to Members and Delegates, he tions of that office, or that it would rises to take the oath only at the be- constitute any defense to a prosecu- ginning of that term, and not at the tion for a criminal offense . . . com- convening of the second Congress for mitted during his incumbency of the office.’’ U.S. v Dietrich, 126 F 676, which elected. See § 5.4, infra. 681, 682 (C.C. Neb. 1904) (dicta). In 12. See § 6.1, infra. some Congresses, Members have 13. See §§ 5.8, 5.9, 5.11, infra. Although taken seats and discharged their the statute directing the administra- functions without taking the oath for tion of the oath to Members-elect months afterwards; see, for example, only designates the Speaker as the 1 Hinds’ Precedents § 185. In current proper official, the House has de- practice, Members-elect take the cided that it has constitutional oath as soon as they appear. See power to authorize a ‘‘Deputy’’ to ad- §§ 5.13–5.16, infra. minister the oath as well as to per- 8. See Ch. 1, § 7, supra, for the tradi- form other functions of the Speaker. tional sequence of events based on See 1 Hinds’ Precedents § 170. the statutory language. 14. While the Speaker has discretion to 9. See Ch. 1, § 7.1, supra. select a deputy, by custom a Member

114 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 informs the House that the oath ministration of the oath to indi- has been administered in vidual Members is a privileged absentia,(15) the House adopts a matter, and takes precedence over resolution accepting the adminis- other business.(1) Administering tration of the oath to the missing the oath is in order after the pre- ( ) Member-elect. 16 On occasion, the vious question is ordered on a Speaker pro tempore may be au- pending question,(2) during debate thorized by the House to admin- on a resolution, (3) and on a day ister the oath when the Speaker is when no other business is per- absent,(17) but this procedure is (4) rarely followed because of the ex- mitted. plicit statutory directive to the In some instances, the House Speaker.(18) Where the Speaker’s authorizes the administration of office becomes vacant during a the oath by resolution, as where Congress, the oath cannot be ad- the right to be sworn has been ministered to Members-elect until challenged or where no creden- after a new Speaker is elected.(19) tials have been received for the On occasion, it is necessary to Member-elect. Some such resolu- administer the oath individually tions have included provisions col- to Members who are not present lateral to the actual administra- for the en masse swearing in cere- tion of the oath, such as condi- mony; by statute, such Members- elect may not take their seats Members-elect, see §§ 5.13, 5.14, until they are sworn.(20) The ad- infra. 1. See House Rules and Manual § 233 of the House is appointed, unless in- (comment) (1973). The right of Mem- expedient, in which case an official bers-elect to seats and questions in- authorized to administer oaths is ap- cidental thereto, including oath ad- pointed. 1 Hinds’ Precedents §§ 14– ministration, are raised under the 16. See § 5.11, infra (state supreme privilege of the House itself and not court justice appointed). as a matter of personal privilege. See 15. See §§ 5.8, 5.10, 5.12, infra. Cannon’s Procedure in the House of 16. See §§ 5.8, 5.10, 5.12, infra. Representatives, H. DOC. NO. 122, p. 17. See § 5.2, infra. 284, 86th Cong. 1st Sess. (1959). 18. Only on rare occasions has the oath The administration of the oath been administered to Members-elect, takes precedence over even the privi- in the Speaker’s absence, by a leged motion to adjourn (see 1 Hinds’ Speaker pro tempore (see § 5.2, infra Precedents § 622). and 6 Cannon’s Precedents § 20). 2. See § 5.17, infra. 19. See § 5.3, infra. 3. See § 5.18, infra. 20. 2 USC § 25. For the procedure of ad- 4. See § 5.19, infra (adjournment out of ministering the oath to detained respect to deceased Member).

115 Ch. 2 § 5 DESCHLER’S PRECEDENTS tions of punishment (5) or condi- gle aim of the enactment was to tions that the final right to the ‘‘provide a way by which any seat be referred to committee.(6) Member of the House could estab- In former times, there existed lish by record evidence the fact no documentary evidence of the that he took the oath of office and fact that the oath had been ad- so became a Member.(9) ministered to an individual Mem- The only persons entitled to be ber-elect. A Member-elect might administered the oath on opening state that he had taken the oath, day are those whose names ap- and his declaration would be the pear on the Clerk’s roll, with the sole evidence thereof.(7) To remedy exclusion of those whose right to ( ) that situation, Congress has by take the oath is challenged; 10 as law provided for official copies of stated above, the House may add the oath of office taken by a Mem- the names of those Members ber-elect, to be accorded conclu- whose credentials have not ap- sive evidentiary weight, and re- peared but about whose election (11) quired that a record of all those there is no contest or question. subscribing to the oath be printed Members-elect entitled to take the in both the Journal and in the oath may, however, decline or Congressional Record.(8) The sin- refuse to do so, by resigning before taking a seat in the House,(12) 5. See § 5.7, infra. since membership in (Congress 6. For resolutions relating to challenges and the right to seats, see § 6, infra. nal and in the Record, see § 5.21, 7. See, for example, the confusing situ- infra. The authorizing provision ation created at the beginning of the which Congress enacted in 1948 (Act 79th Congress, when several Mem- of Feh. 18, 1948, Ch. 53, 62 Stat. 20) bers who were absent for the calling appears as the second paragraph of 2 of the Clerk’s roll were present for USC § 25. the swearing in ceremonies (§ 5.20, 9. 2 U.S. Code Cong. Serv. p. 1048 infra). An early oath provision, the (1948). Act of July 2, 1862, Ch. 128, 12 Stat. 10. The oath is administered to ‘‘Mem- 502, required a signed oath to be bers and Delegates present’’ previous preserved in the House files, but the to their taking their seats. 2 USC practice was seldom followed (see 1 § 25. U.S. Const. art. VI, clause 3 re- Hinds’ Precedents § 128). Currently, quires the taking of the oath by 5 USC § 2906, enacted in 1966, spe- ‘‘Representatives before mentioned.’’ cifically requires such preservation 11. See § 3.5, infra. by the House. 12. See 1 Hinds’ Precedents §§ 1230–35 8. For the form in which the oath ad- for past instances of declination to ministration is recorded in the Jour- take the oath by resignation.

116 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 cannot be imposed on one without statutory provision directing the his consent.(13) A Member-elect sequence of the administration of may be permitted to defer his tak- the oath in relation to other busi- ing of the oath, without declining ness. The United States Code his seat, until such time that he merely provides that the oath of meets qualifications not thereto- office shall be administered by the fore met.(14) However, the House President of the Senate to each may determine a Member’s seat Senator-elect, previous to his tak- vacant if he is not qualified at the ing his seat.(18) (15) time of convening. A few notable distinctions may be drawn between the administra- Administering Officer; Time of tion of the oath of office in the Administration House and in the Senate. Under Senate practice, Senators-elect are § 5.1 In contemporary practice, sworn in four at a time, in alpha- immediately following the betical order and not by state.(16) election of the Speaker of a And the Senate rarely authorizes new Congress, he swears in the administration of the oath to Members-elect all at one an absent Senator-elect away time. (17) from the Chamber. In addition, On Jan. 5, 1937, the opening there is no provision according day of the 75th Congress,(1) after evidentiary weight to certified the election of Speaker William B. copies of the oath of office taken Bankhead, of Alabama, he made by Senators-elect, nor is there any the following announcement: 13. See U.S. v Dietrich, 126 F 676, 681 Some years ago a precedent which (C. C. Neb. 1904), holding, inter alia, had theretofore existed of having the that a person elected a U.S. Senator oath administered to Members by is not a ‘‘Member of Congress’’ until States was discontinued and a prece- he has been accepted by the Senate dent set whereby all Members took the as a Member and until he has volun- oath of office at one and the same tarily assumed the duties of his of- time. In order to avoid confusion the Chair thinks it best to follow the latter fice, including the taking of the oath. precedent, and the Chair asks each 14. See § 2.5, supra. Member of the House and each Dele- 15. See 1 Hinds’ Precedents § 500. gate to rise in his place while the 16. See § 5.23, infra. Chair administers the oath of office. 17. See § 5.24, infra, for instances wherein the Secretary of the Senate was 18. 2 USC § 21. authorized to administer the oath to 1. 81 CONG. REC. 12, 75th Cong. 1st a Senator-elect in his home state. Sess.

117 Ch. 2 § 5 DESCHLER’S PRECEDENTS

The practice preferred by § 5.3 Where the Speaker dies Speaker Bankhead has been fol- during the term of a Con- lowed from the 71st Congress to gress, the oath cannot be ad- ( ) the present. 2 ministered to Members-elect § 5.2 The House has author- to fill vacancies until after a ized, by unanimous consent, new Speaker is elected. the Speaker pro tempore to On Jan. 10, 1962,(5) the House administer the oath of office convened for the second session to a Member-elect in the ab- after the Speaker, Sam Rayburn, of Texas, had died during the ad- sence of the Speaker. journment sine die. The House im- On Mar. 12, 1940,(3) the House mediately proceeded to the elec- authorized Speaker pro tempore tion of Speaker John W. McCor- Sam Rayburn, of Texas, who had mack, of Massachusetts, who then been appointed for three legisla- administered the oath of office to tive days by Speaker Bankhead on several Representatives-elect to Mar. 11, to administer the oath of fill vacancies. The Members-elect office to Mr. Robert K. Goodwin, had not been included on the roll of Iowa, in the absence of the to establish a quorum or to elect a Speaker, after the receipt of a cer- Speaker.(6) tificate of election of Mr. Good- win.(4) Administration to Resident Commissioner 2. House Rules and Manual § 230 (comment to U.S. Const. art. VI, clause 3) § 5.4 A Resident Commissioner (1973) The ‘‘latter precedent’’ re- elected to the House for a ferred to, beginning the prevailing four year term takes the oath practice of swearing in Members and of office only once, at the be- Delegates all at one time, occurred on Apr. 15, 1929, as an innovation ginning of his term of office. by Speaker Nicholas Longworth On Jan. 21, 1971,(7) the opening (Ohio). 71 CONG. REC. 25, 71st Cong. day of the 92d Congress, the Resi- 1st Sess. (paraphrased at 6 Cannon’s Precedents § 8). 5. 108 CONG. REC. 5–7, 87th Cong. 2d 3. 86 CONG. REC. 2724, 76th Cong. 3d Sess. Sess. 6. Where there exists a vacancy in the 4. Apparently on only one other occa- Speaker’s office, there is no official sion has the oath been administered authorized to administer the oath to to an individual Member-elect in the Members-elect. See 2 USC § 25 and 1 absence of the Speaker by consent of Hinds’ Precedents §170. the House (see 6 Cannon’s Prece- 7. 117 CONG REC. 13, 92d Cong. 1st dents §20). Sess.

118 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 dent Commissioner from Puerto Massachusetts, ruled: the pending Rico, Mr. Jorge L. Cordova, did resolution was not subject to not arise to take the oath of office amendment unless Mr. Albert en masse with the Members-elect, yielded for that purpose; and un- as he had taken the oath at the less Mr. Albert yielded there beginning of his four-year term, would be no opportunity to dis- with the commencement of the cuss the merits of the case prior to 91st Congress.(8) the vote on the resolution. The previous question was or- Resolutions Authorizing Oath dered and the resolution was Administration agreed to. Immediately after adoption of the resolution, the chal- § 5.5 When a Member offers a lenged Member appeared at the resolution authorizing the bar of the House and took the Speaker to administer the oath of office.(10) oath to a challenged Member before the adoption of the § 5.6 An amendment providing rules, no amendments are in for conditions of punishment order unless the Member in is not germane to a resolu- control yields for that pur- tion authorizing the adminis- pose or the previous ques- tration of the oath of office tion is rejected. to a Member-elect. On Jan. 4, 1965,(9) Mr. Carl Al- On Jan. 3, 1969,(11) Speaker bert, of Oklahoma, offered the fol- John W. McCormack, of Massa- lowing resolution: chusetts, ruled not germane, to a Resolved, That the Speaker is hereby resolution providing that the authorized and directed to administer Speaker administer the oath of of- the oath of office to the gentleman from New York, Mr. Richard L. Ottin- 10. Under general parliamentary law, ger. employed by the House before the adoption of rules (applicable in this In response to two parliamen- instance), the 40 minutes debate per- tary inquiries by Mr. James C. mitted under Rule XXVII clause 3 Cleveland, of New Hampshire, [House Rules and Manual § 907 Speaker John W. McCormack, of (1971)] after the ordering of the previous question on a debatable propo- 8. 115 CONG. REC. 15, 91st Cong. 1st sition is not in order. See Ch.1 § 9, Sess. supra. 9. 111 CONG. REC. 20, 89th Cong. 1st 11. 115 CONG. REC. 23–25, 91st Cong. Sess. 1st Sess.

119 Ch. 2 § 5 DESCHLER’S PRECEDENTS fice to Mr. Adam Clayton Powell, eenth District of the State of New Jr., of New York, an amendment York. adding several conditions of pun- (2) That as punishment Adam Clay- ton Powell be and he hereby is fined ishment predicated on acts com- the sum of $25,000, said sum to be mitted in a prior Congress. paid to the Clerk to be disposed of by him according to law. The Sergeant-at- § 5.7 On one occasion, a Rep- Arms of the House is directed to de- resentative-elect was admin- duct $1,150 per month from the salary istered the oath of office pur- otherwise due the said Adam Clayton suant to a resolution author- Powell, and pay the same to said clerk izing the administration of until said $25,000 fine is fully paid. (3) That as further punishment the the oath, but providing for a seniority of the said Adam Clayton fine to be deducted on a Powell in the House of Representatives monthly basis, reducing se- commence as of the date he takes the niority to that of a new Mem- oath as a Member of the 91st Con- ber, and specifying that the gress. (4) That if the said Adam Clayton Representative-elect must Powell does not present himself to take take the oath by a certain the oath of office on or before January date or his seat would be de- 15, 1969, the seat of the Eighteenth clared vacant. District of the State of New York shall be deemed vacant and the Speaker On Jan. 3, 1969, Representa- shall notify the Governor of the State tive-elect Adam Clayton Powell, of New York of the existing vacancy. Jr., of New York, appeared in the well and was administered the Administration to Absentees oath of office as a Member of the 91st Congress,(2) subsequent to § 5.8 The Speaker informs the the adoption by the House of a House of the fact that he has resolution authorizing such ad- administered the oath of of- ministration of the oath, but in- fice to an absent Member- cluding other provisions as fol- elect pursuant to an order of lows: the House, whereupon a resolution is offered accepting H. RES. 2 such oath. Resolved— (13) (1) That the Speaker administer the On Mar. 13, 1933, Speaker oath of office to the said Adam Clayton Henry T. Rainey, of Illinois, in- Powell, Member-elect from the Eight- formed the House that he had ad-

12. 115 CONG. REC. 33, 34, 91st Cong. 13. 77 CONG. REC. 283, 73d Cong. 1st 1st Sess. Sess.

120 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 ministered the oath of office to ab- bama, announced that pursuant sent Member-elect Wilburn Cart- to authorizing resolutions, he had wright, of Oklahoma, as author- appointed Mr. Schuyler O. Bland, ized by House Resolution 36. The of Virginia, to administer the oath House then adopted the following of office to Mr. Andrew J. Mon- resolution: tague, of Virginia, Mr. William J. Whereas Wilburn Cartwright, a Rep- Driver, of Arkansas, to administer resentative from the State of Okla- the oath of office to Mr. William homa, has been unable from sickness B. Cravens, of Arkansas, and Mr. to appear in person to be sworn as a Member of this House, but has sworn Clarence F. Lea, of California, to to and subscribed the oath of office be- administer the oath of office to fore the Speaker, authorized by resolu- Mr. Henry E. Stubbs, of Cali- tion of this House to administer the fornia. oath, and the said oath of office has been presented in his behalf to the § 5.10 A Member designated by House, and there being no contest or question as to his election: Therefore the Speaker to administer Resolved, That the said oath be ac- the oath of office to an ab- cepted and received by the House as sent Member-elect informs the oath of office of the said Wilburn the House when he has per- Cartwright as a Member of this House. formed that duty and offers a Administration by Deputies resolution accepting the oath. § 5.9 When authorized by On Jan. 20, 1943,(15) Mr. Ed- resolution to designate ward J. Hart, of New Jersey, deputies to administer made the following report to the the oath of office to ab- House: sent Members-elect, the Mr. Speaker,(16) in accordance with Speaker usually ap- your designation of me, pursuant to House Resolution 45, Seventy-eighth points as deputies Mem- Congress, adopted by the House of bers of the House from Representatives, to administer the the home states of the oath of office to Representative-elect Mary T. Norton, of the Thirteenth Dis- absentees. trict of New Jersey, I have the honor to report that on the 16th day of January On Jan. 8, 1937,(14) Speaker 1943, at Jersey City, N.J., I adminis- William B. Bankhead, of Ala- 15. 89 CONG. REC. 245, 246, 78th Cong. 14. 81 CONG. REC. 133, 75th Cong. 1st 1st Sess. Sess. 16. Speaker Sam Rayburn (Tex.).

121 Ch. 2 § 5 DESCHLER’S PRECEDENTS

tered the oath of office to Mrs. Norton, nication from Judge Blanton form prescribed by section 1757 of the Revised Statutes of the United States, Fortson, of the Western Judicial being the form of oath administered to Circuit, Athens, Georgia, inform- Members of the House of Representa- ing the House that he had admin- tives, to which Mrs. Norton subscribed. istered the oath of office to Mr. Mr. Hart then offered a resolu- Charles H. Brand, of Georgia, in tion providing that the House ac- Athens, Georgia, pursuant to cept the oath so administered to House Resolution 37 and pursu- the absent Member-elect. ant to the designation by Speaker § 5.11 The Speaker may des- Henry T. Rainey, of Illinois, of ignate officers of the state ju- Judge Fortson to administer the diciary to administer the oath to the absent Member-elect. oath to absent Members- The House then adopted the fol- elect. lowing resolution: On Jan. 7, 1959,(17) the Clerk Whereas Charles H. Brand, a Rep- read the following statement of resentative from the State of Georgia, Speaker Sam Rayburn, of Texas: from the tenth district thereof, has been unable from sickness to appear in Pursuant to the authority of House person to be sworn as a Member of this Resolution 11, 86th Congress, the House, but has sworn to and sub- Chair appoints the Honorable Donald Stephen Taylor, Justice of the Su- scribed the oath of office before Judge preme Court of New York, Troy, N.Y., Blanton Fortson, authorized by resolu- to administer the oath of office to the tion of this House to administer the Honorable Dean P. Taylor. oath, and the said oath of office has been presented in his behalf to the § 5.12 A non-Member named by House, and there being no contest or the Speaker to administer question as to his election: Therefore the oath of office to an ab- Resolved, That the said oath be ac- sent Member-elect informs cepted and received by the House as the oath of office of the said Charles H. the House when he has per- Brand as a Member of this House. formed that duty, whereupon the House adopts a resolu- Administration to Delayed tion receiving and accepting Members such oath. On Mar. 21, 1933,(18) there was § 5.13 Members arriving too laid before the House a commu- late on opening day to take the oath en masse are admin- 17. 105 CONG. REC. 16, 86th Cong. 1st istered the oath as they ap- Sess. 18. 77 CONG. REC. 660, 73d Cong. 1st pear at the bar of the House Sess. for that purpose. 122 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5

On Jan. 3, 1945,(19) Speaker resentative-elect Lawrence Lewis, Sam Rayburn, of Texas, made the of Colorado, whose term of office following statement, on opening commenced with the beginning of day, in relation to detained Mem- the 78th Congress on Jan. 3, bers: 1943. Mr. Lewis was absent due The Members who have not taken to illness. the oath of office will present themselves in the well of the House and all § 5.16 A Member announced, others will clear the well of the House. for the information of constituents, that an absent § 5.14 Members-elect who ap- Member-elect would be de- pear subsequent to the day layed in taking the oath be- other Members-elect are cause of his duties as a naval sworn in present themselves officer overseas. in the well of the House and (2) the Speaker administers the On Jan. 4, 1945, Mr. John Taber, of New York, made the fol- oath to them. lowing announcement: On Jan. 13, 1953,(20) ten days Mr. Speaker,(3) Henry J. Latham after the opening of the 83d Con- was elected to Congress from the Third gress, two House Members-elect District of New York last November. who had not yet taken the oath of He is a lieutenant in the Navy, and office presented themselves in the was at that time, and is now, on duty well of the House and were ad- in the far Pacific. He will not be able ministered the oath. to return to this country to be sworn in until the month of February. I feel, in § 5.15 When a term of a Mem- justice to his constituents, that I should make this announcement at ber began on Jan. 3, 1943, he this time. did not receive the oath of office until Sept. 14, 1943, Privilege of Oath Administra- due to illness. tion On Sept. 14, 1943,(1) Speaker Sam Rayburn, of Texas, adminis- § 5.17 Administration of the tered the oath of office to Rep- oath of office to a Member- elect is a matter of high 19. 91 CONG. REC. 14, 79th Cong. 1st privilege and is in order Sess. after the previous question is 20. 99 CONG. REC. 368, 83d Cong. 1st Sess. 2. 91 CONG. REC. 34, 79th Cong. 1st 1. 89 CONG. REC. 7549, 78th Cong. 1st Sess. Sess. 3. Speaker Sam Rayburn (Tex.).

123 Ch. 2 § 5 DESCHLER’S PRECEDENTS

ordered on a pending ques- elect was the only business tion. permitted on the day of the On Oct. 3, 1969,(4) after the pre- death of the Chairman of the vious question had been ordered Committee on Appropria- on a bill reported from the Com- tions. mittee of the Whole, Mr. Carl Al- On May 12, 1964,(6) the day on bert, of Oklahoma, asked that a which Mr. Clarence A. Cannon, of Member-elect be permitted to take Missouri, passed away in the the oath of office at that time. The early morning hours, the only request was granted, and Speaker John W. McCormack, of Massa- item of business permitted was chusetts, administered the oath to the administration of the oath to Mr. Michael J. Harrington, Rep- Mr. William J. Green III, of Penn- resentative-elect from Massachu- sylvania. setts to fill a vacancy. Since Mr. Harrington’s certificate of election Form; Record Evidence of Ad- had not yet arrived, the adminis- ministration tration of the oath was authorized by unanimous consent. § 5.20 Where various Members, detained on opening day, § 5.18 On one occasion, debate were absent for the roll call on a resolution reported but were present for the from the Committee on Rules swearing in of Members en was interrupted to allow a masse, the Speaker stated new Member to take the oath that he would accept the of office. statement of any Member de- On Dec. 24, 1963,(5) debate on a claring that he was present privileged resolution reported for the swearing-in cere- from the Committee on Rules and mony; this was permitted making in order a conference re- prior to the 1948 amend- port was interrupted to allow Mr. ments to 2 USC § 25, estab- James J. Pickle, of Texas, to take lishing record evidence of the oath of office. swearing-in ceremonies. § 5.19 Administration of the On Jan. 3, 1945, after Speaker oath of office to a Member- Sam Rayburn, of Texas, had accepted the statements of several 4. 115 CONG. REC. 28487, 91st Cong. Members that they were present 1st Sess. 5. 109 CONG. REC. 25526, 88th Cong. 6. 110 CONG. REC. 10695, 88th Cong. 1st Sess. 2d Sess.

124 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 5 for the swearing-in ceremony, but tion 2 of the act of May 13, 1884 (23 were absent for the roll call due to Stat. 22), to be administered to Mem- late trains,(7) the Speaker made a bers and Delegates of the House of Representatives, the text of which is statement on the subject pursuant carried in section 1757 of title XIX of to a parliamentary inquiry by Mr. the Revised Statutes of the United Harold Knutson, of Minnesota:(8) States and being as follows:

MR. KNUTSON: Mr. Speaker, a num- I, A B, do solemnly swear (or af- ber of Members were not in the city at firm) that I will support and defend the time the roll call was had but were the Constitution of the United States against all enemies, foreign and do- here in time to be sworn in. What is mestic; that I will bear true faith their status? and allegiance to the same; that I THE SPEAKER: The Chair has sworn take this obligation freely, without in quite a number of Members since any mental reservation or purpose of the roll was called. evasion; and that I will well and faithfully discharge the duties of the MR. KNUTSON: They were sworn in office on which I am about to enter. but the Record does not show that they So help me God. were here. has been subscribed to in person THE SPEAKER: If any Member says he was here at the time of the swear- and filed in duplicate with the ing in, the Chair will take his state- Clerk of the House of Representa- ment for it. tives by each of the following Members and Resident Commis- § 5.21 The form of the oath and sioner of the 91st Congress, pur- the record of subscription to suant to Public Law 412 of the the oath of office, as speci- 80th Congress entitled ‘‘An act to fied by law, appear in the amend section 30 of the Revised Congressional Record and in Statutes of the United States’’ the Journal of the House. (U.S.C., title 2, sec. 25), approved In the 91st Congress, the record February 18, 1948. . . .(9) of the subscription to the oath by Members was printed in the § 5.22 Copies of the signed Record of Feb. 18, 1969, as fol- oath of office executed by lows: House Members cannot be mandated by the process of The oath of office required by the sixth article of the Constitution of the ordinary courts without the United States, and as provided by sec- permission of the House of Representatives. 7. 91 CONG. REC. 14, 79th Cong. lst Sess. 9. 115 CONG. REC. 3788, 91st Cong. 1st 8. 91 CONG. REC. 16, 79th Cong. 1st Sess., Feb. 18, 1969; H. Jour. 269, Sess. 91st Cong. 1st Sess. (1969).

125 Ch. 2 § 5 DESCHLER’S PRECEDENTS

On Jan. 9, 1959,(10) the House alphabetical order; each four was informed by the Clerk of a Senators are accompanied to subpoena from the United States the desk by four other Sen- District Court for the Middle Dis- ators. trict of Pennsylvania, in the case On Jan. 3, 1953,(11) Vice Presi- of United States v John P. Gilroy, dent Alben W. Barkley, of Ken- Jr., et al., No. 12880, criminal, tucky, announced as follows: commanding the Clerk of the The Secretary will now call, alpha- House to appear before the court betically, and in groups of four, the with certified copies of the signed names of the Senators-elect who as oaths of offices executed by a cer- their names are called will advance to the desk and the oath of office will be tain Congressman. In response, administered to them. the House adopted a resolution The legislative clerk called the stating that under the privilege of names of the first four Senators, the House no evidence of a docu- who were escorted to the desk by mentary character under the con- four other Senators. trol and in the possession of the House of Representatives could be § 5.24 Although the House reg- mandated by process of the ordi- ularly authorizes the admin- nary courts without the permis- istration of the oath to ab- sion of the House. The resolution sent Members-elect, the Sen- further stated that the House ate has done so only on rare would permit the production of occasions, one occurring certified copies of the oath of of- since 1936. fice, along with other papers, pur- On many occasions, the House suant to a determination by the authorizes the administration of court upon the materiality and the oath at the beginning of a new the relevancy of the papers and Congress to absentees, either by documents called for in the sub- the Speaker himself or through poena duces tecum. deputies.(12) The Senate, however, has provided such authorization Senate Procedure on only two recorded occasions, the first on May 3, 1929,(13) and § 5.23 In Senate practice, the oath of office is administered 11. 99 CONG. REC. 7, 83d Cong. 1st Sess. to four Senators at a time in 12. See §§ 5.8, 5.9, and 5.11, supra. See also 6 Cannon’s Precedents §§ 14–16. 10. 105 CONG. REC. 363, 86th Cong. 1st 13. 71 CONG. REC. 833, 71st Cong. 1st Sess. Sess.

126 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 6 the second on Jan. 3, 1973, when In stating his objection to the the Secretary of the Senate was right of another to be sworn, the authorized by resolution to admin- Member-elect must base his chal- ister the oath of office to Senator- lenge either on his own responsi- elect Joseph R. Biden, of Dela- bility as a Member-elect, or on ware, absent because of a death in specific grounds.(16) If neither his family.(14) basis is stated to support the challenge, the House may decline to entertain it.(17) A Member-elect § 6. Challenging the Right may also challenge the right of an entire state delegation to be ad- to be Sworn ministered the oath.(18) Usually, such a challenge relates not to the When the Speaker directs the qualifications or elections of the membership-elect of the House to individual members of the state arise to take the oath of office, delegation, but to the status of the any Member-elect may challenge constituency.(19) the right of any other Member- When a challenge is proposed, elect to be sworn at that time.(15) the Speaker asks the challenged Member(s) not to rise to take the 14. 119 CONG. REC. 9, 93d Cong. 1st oath with the rest of the member- Sess. ship, as the House and not the 15. For the procedure of challenging, see § 6.1, infra. The authority to chal- Speaker determines both the pre- lenge the right of a Member-elect to liminary and the final action to be (20) be sworn is based on U.S. Const. art. taken on any challenges. I, § 5, clause 1, which constitutes the House as the sole judge of the elec- gress to Judge the Qualifications of tions, returns, and qualifications of Its Members, 81 Harv. L. Rev. 673– Members. Challenges are made be- 84 (Jan. 1968). fore the oath is administered be- 16. See § 6.2, infra. cause the oath is given under art. 17. 1 Hinds’ Precedents § 455. VI, clause 3, to ‘‘Representatives be- 18. See, for example, 1 Hinds’ Prece- fore mentioned’’, meaning those who dents §§ 457, 460–462. meet the qualifications and election 19. See Parliamentarian’s Note, § 6.4, requirements stated in the Constitu- infra (systematic state denial of vot- tion. The right of one Member-elect ing rights). For occasions following not yet sworn to challenge the right the Civil War when entire state dele- of another not yet sworn is unques- gations were challenged on the tioned (see 1 Hinds’ Precedents ground of collective disloyalty, see 1 § 141). Hinds’ Precedents §§ 457, 460–462. House as judge of qualifications, 20. See § 6.1, infra. The statement has see The Power of a House of Con- been made that the Speaker may,

127 Ch. 2 § 6 DESCHLER’S PRECEDENTS

When the right to be sworn of Challenged cases are taken up in an individual Member-elect is the order in which challenges challenged, he generally loses no were made.(5) rights thereby,(1) except for his The pendency of a challenge right to vote.(2) While his case is does not preclude the entertain- pending, he may be permitted to ment of other business before the debate his own right to the seat,(3) House, and all other organiza- and may serve on committees.(4) tional business may be completed before a challenge is resolved.(6) but is not required to, direct the By unanimous consent, the House challenged Member-elect to stand may also proceed to general legis- aside (1 Hinds’ Precedents §§ 143– 146). The Speaker has held, how- lative business pending consider- ever, that such request is a matter of ation of the right of a Member to ( ) order, for the convenience of proce- be sworn. 7 dure (1 Hinds’ Precedents § 145). The After the unchallenged member- Speaker has recently held that de- ship of the House has been sworn, bate on the right to be sworn of a some preliminary action is usually challenged Member-elect is not in taken on each challenge. The order until after the remaining Members have been sworn (see § 6.3, House may simply seat a Member infra). by authorizing the administration 1. See 1 Hinds’ Precedents § 155. See of the oath; such a resolution may § 2, supra, for the status of Mem- determine his prima facie as well bers-elect. as final right to the seat.(8) A com- 2. After the membership of the House has been sworn in en masse, Mem- § 300 (1973). For a summary of the bers-elect who have not taken the rights and privileges of Members- oath due to absence or due to chal- elect not yet sworn, see § 2, supra. lenges are not entitled to vote until 5. See 1 Hinds’ Precedents §§ 147, 148. being sworn. See § 2.2, supra. Where a division is demanded on one 3. See § 2.5, supra. Rule XXXII clause resolution to seat several claimants, 1, House Rules and Manual § 919 the oath may be administered to (1973) grants the privilege of the each as soon as his case is decided floor to contestants in election cases. (see 1 Hinds’ Precedents § 623). 4. See 4 Hinds’ Precedents § 4483. This 6. See 1 Hinds’ Precedents § 474. is the traditional view, as stated by 7. See 1 Hinds’ Precedents §§ 151, 152. Jefferson’s Manual: ‘‘. . . Before a 8. See, for example, the resolution at return be made a Member elected § 6.5, infra. The Member proposing a may be named of a committee, and is resolution to seat a challenged Mem- to every extent a Member except ber-elect may, prior to the adoption that he cannot vote until he is of rules, move the previous question sworn.’’ House Rules and Manual and cut off all debate on the subject,

128 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 6 mon type of resolution authorizes the strength of the grounds for the administration of the oath to challenge.(11) the challenged Member-elect Except for the exclusion of based on his prima facie right to Members-elect from the Clerk’s the seat, but refers the determina- roll for irregularities in creden- tion of his final right to com- tials, no action is taken upon the mittee.(9) The third type of resolu- right of a Member-elect to his seat tion refers the prima facie as well until the time comes for his tak- as the final right to the seat to ing the oath. Therefore, when a committee, without authorizing Representative-elect was excluded the administration of the oath.(10) from the 90th Congress and was The determination by the House re-elected to the same Congress as to which kind of resolution to after a vacancy in the seat had adopt depends on both the suffi- been declared, Speaker John W. ciency of the credentials and on McCormack, of Massachusetts, ruled that no action would be since House Rule XXVII clause 3 (House Rules and Manual § 907 taken upon his right to member- [1973]), allowing 40 minutes debate ship until he appeared to take the in certain situations when the pre- oath and was challenged once vious question is moved, is inappli- again.(12) cable prior to the adoption of rules (see Ch. 1, supra, for a full discus- Forms sion; see § 5.5, supra, for a recent in- Form of resolution providing that a stance thereof). If the previous ques- Member, who had been asked to stand tion is rejected, or if the proposing aside when the oath was administered Member yields for the purpose, to the other Members, be permitted to amendments may be offered, if ger- take the oath of office. mane, to a resolution authorizing the administration of the oath to a Mem- Resolved, That the gentleman from Missouri, Mr. Morgan M. Moulder, ber-elect (see Ch. 1, § 12, supra, for a be now permitted to take the oath of general discussion; see Ch. 1, § 12.7, office.(13) supra, for an occasion where such an amendment was held not germane). 11. For specific election contests and 9. Admission on prima facie right, House action thereon, see Ch. 9, without regard to final right, usually infra. occurs when the Member-elect comes 12. See § 6.8, infra, for the ruling. See from a recognized constituency, vith § 6.9, infra, for the challenge that credentials in due form and with un- was made when the Representative- questioned qualifications (see 1 elect appeared to take the oath. Hinds’ Precedents §§ 528–534) 13. 107 CONG. REC. 24, 87th Cong. 1st 10. See §§ 6.6, 6.7, infra. Sess., Jan. 3, 1961.

129 Ch. 2 § 6 DESCHLER’S PRECEDENTS

Form of resolution authorizing the George O. Chambers to a seat in the Speaker to administer the oath of of- 87th Congress, neither shall be ( ) fice to a challenged Member-elect and sworn. 15

providing that the question of final right to his seat be referred to the Committee on House Administration. Form and Procedures of Chal- Resolved, That the Speaker is lenges hereby authorized and directed to administer the oath of office to the § 6.1 A Member-elect chal- gentleman from Arkansas, Mr. Dale Alford. lenges the right of another Resolved, That the question of the Member-elect to take the final right of Dale Alford to a seat in the 86th Congress be referred to the oath prior to the swearing in Committee on House Administration, of Members-select en masse, when elected, and said committee whereupon the Speaker re- shall have the power to send for persons and papers and examine wit- quests the challenged Mem- nesses on oath in relation to the sub- ber-elect to stand aside. ject matter of this resolution.(14) On Jan. 5, 1937,(16) after Speak- Form of resolution providing that the er William B. Bankhead, of Ala- question of the right of either of two bama, had requested the member- contestants for a seat be referred to ship of the House to rise for the the Committee on House Administra- administration of the oath of of- tion, and providing that until that fice, Mr. John J. O’Connor, of New committee has reported, and the House decided, neither the Member-elect nor York, arose and said: the contestee should take the oath of Mr. Speaker, I ask that the gen- office. tleman from New Hampshire [Mr. Jenks] stand aside. Resolved, That the question of the Despite the fact that a certificate of right of J. Edward Roush or George O. Chambers, from the Fifth Con- his election has been filed with the gressional District of Indiana, to a Speaker, it may be impeached by cer- seat in the 87th Congress be referred tain facts which tend to show that he to the Committee on House Adminis- has not received a plurality of the tration, when elected, and said com- votes duly cast in that congressional mittee shall have the power to send district. for persons and papers and examine THE SPEAKER: The gentleman from witnesses on oath in relation to the New Hampshire will stand aside mo- subject matter of this resolution; and mentarily.(17) be it further. Resolved, That until such com- 15. 107 CONG. REC. 24, 87th Cong. 1st mittee shall report upon and the Sess., Jan. 3, 1961. House decide the question of the right of either J. Edward Roush or 16. 81 CONG. REC. 13, 75th Cong. 1st Sess. 14. 105 CONG. REC. 14, 86th Cong. 1st 17. For examples of similar requests by Sess., Jan. 7, 1959. the Speaker when challenges have

130 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 6

§ 6.2 A Member-elect chal- on the basis of his responsibility lenging the right of another but on facts tending to show that to be sworn offers, as a basis the challenged Member-elect had for challenge, either his own not received a plurality of votes in responsibility as a Member- the district from which elected.(1) elect, or the strength of documents, or both. Debate on Challenges On Jan. 10, 1967,(18) Member- § 6.3 It is not in order to de- elect Lionel Van Deerlin, of Cali- bate a challenged Member’s fornia, stated a challenge to the right to take the oath of of- right of another Member-elect to fice at the beginning of a be sworn in the following terms: Congress until the remaining Mr. Speaker, upon my responsibility Members-elect have been as a Member-elect of the 90th Con- sworn in. gress, I object to the oath being admin- ( ) istered at this time to the gentleman On Jan. 5, 1937, 2 after Mr. from New York [Mr. Adam C. Powell]. John J. O’Connor, of New York, I base this upon facts and and state- had challenged the right of a ments which I consider reliable. ... Member-elect to take the oath, The same language has often been Mr. Bertrand H. Snell, of New used to propose challenges,(19) al- York, arose to state certain re- though on Jan. 3, 1937,(20) Mem- marks as to the certificate held by ber-elect John J. O’Connor, of the challenged Member-elect and New York, stated a challenge not as to the principle that in standing aside, the challenged Member- been made, see 111 CONG. REC. 18, elect yielded none of his rights or 19, 89th Cong. 1st Sess., Jan. 4, privileges as a Member of the 1965; 113 CONG. REC. 14, 90th Cong. House. Mr. O’Connor then arose 1st Sess., Jan. 10, 1967; 115 CONG. REC. 15, 91st Cong. 1st Sess., Jan. 3, to state a point of order, as fol- 1969. lows: 18. 113 CONG. REC 14, 90th Cong. 1st MR. O’CONNOR: Mr. Speaker, I make Sess. the point of order that at this par- 19. See, e.g., statement of Mr. William F. Ryan (N.Y.), 111 CONG. REC. 18, 1. If a challenge does not propose either 89th Cong. 1st Sess., Jan. 4, 1965; the strength of documents or the re- statement of Mr. Clifford Davis sponsibility of the challenging Mem- (Tenn.), 107 CONG. REC. 23, 87th ber-elect, the House will not enter- Cong. 1st Sess., Jan 3, 1961. tain it. 1 Hinds’ Precedents § 455. 20. 81 CONG. REC. 13, 75th Cong. 1st 2. 81 CONG. REC. 13, 75th Cong. 1st Sess. Sess.

131 Ch. 2 § 6 DESCHLER’S PRECEDENTS

ticular time the matter is not debat- state not to rise to take the oath able. . . . with the other Members being MR. SNELL: I think I have the right to make this statement now and under sworn in en masse. the circumstances should be allowed to Parliamentarian’s Note: The make it. challenge to the Mississippi dele- (3) THE SPEAKER: The request made gation was based on the constitu- by the gentleman from New York was that the gentleman holding the certifi- tional argument that systematic cate of election from the State of New denial of Negro voting rights Hampshire stand aside momentarily. throughout Mississippi invali- The Chair is of the opinion that he waives no rights and just as soon as dated the election of the entire the other Members take the oath the House delegation from that state. matter can be settled. ... The Chair will recognize the gen- § 6.5 The House may authorize, tleman later if he desires to extend his through one resolution, the argument. administration of the oath to an entire state delegation Challenge to a Delegation which has been challenged. § 6.4 The right of an entire On Jan. 4, 1965,(5) after unchal- state delegation of Rep- lenged Members of the House had resentatives-elect to take the been sworn in, the following reso- oath may be challenged. lution was offered, in relation to On Jan. 4, 1965,(4) Mr. William an entire state delegation that F. Ryan, of New York, challenged, had been challenged: on his behalf and on the behalf of Resolved, That the Speaker is hereby a number of colleagues, the right authorized and directed to administer of the Representatives-elect from the oath of office to the gentlemen Mississippi (Mr. Abernathy, Mr. from Mississippi, Mr. Thomas G. Aber- Whitten, Mr. Williams, Mr. Walk- nathy, Mr. James L. Whitten, Mr. er, and Mr. Colmer) to take the John Bell Williams, Mr. William M. oath of office. Speaker John W. Colmer, and Mr. Prentiss Walker. McCormack, of Massachusetts, re- Immediately after the adoption quested the Representatives-elect from Mississippi as well as a chal- of the resolution, the five Mem- lenged Member-elect from another bers-elect from Mississippi were sworn in all at one time. 3. William B. Bankhead (Ala.). 4. 111 CONG. REC. 18, 19, 89th Cong. 5. 111 CONG. REC. 18, 19, 89th Cong. 1st Sess. 1st Sess.

132 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 6

Preliminary House Action on Bolivar E. Kemp, Sr., and J.Y. Sand- Challenges ers, Jr., contestants, respectively, claiming a seat in this House from the § 6.6 When two persons Sixth District of Louisiana, be referred claimed a seat in the House to the Committee on Elections No. 3; and until such committee shall have from the same congressional reported in the premises and the district, one with a certifi- House decided such question neither of cate of election signed by the said contestants shall be admitted to a Governor of the state and the seat. other with a certificate of § 6.7 The House agreed to a election from a citizens’ elec- resolution excluding a Mem- tion committee of the con- ber-elect pending an inves- gressional district, the House tigation of his right to the refused to permit either to seat, which referred to a se- take the oath of office and lect committee questions of referred the question of their his right to be sworn and to prima facie as well as final take the seat, permitted him right to the seat to the Com- mittee on Elections. pay and allowances of the House pending a final deter- (6) On Jan. 3, 1934, the Clerk of mination, and required the the House, South Trimble, transmitted to the House a signed cer- committee to report back to tificate of the Governor of Lou- the House within a pre- isiana attesting to the election of scribed time. Mrs. Bolivar E. Kemp, Sr., to fill On Jan. 10, 1967,(7) the House the vacancy caused by the death agreed to a resolution excluding of the Honorable Bolivar E. Kemp. Mr. Adam C. Powell, Jr., of New He also transmitted a communication from the Citizens’ Election York, from his seat pending the Committee of the Sixth Congres- final determination of his right to sional District of the State of Lou- be sworn: isiana in the form of a certificate Resolved, That the question of the of election of Mr. J.Y. Sanders, right of Adam Clayton Powell to be Jr., to fill the same vacancy. The sworn in as a Representative from the House then adopted the following State of New York in the Ninetieth resolution: Congress, as well as his final right to Resolved, That the question of prima a seat therein as such Representative, facie as well as the final right of Mrs. be referred to a special committee of

6. 78 CONG. REC. 11, 12, 73d Cong. 2d 7. 113 CONG. REC. 24–26, 90th Cong. Sess. 1st Sess.

133 Ch. 2 § 6 DESCHLER’S PRECEDENTS

nine Members of the House to be ap- members of the committee are appointed by the Speaker, four of whom pointed the results of its investigation shall be Members of the minority party and study, together with such rec- appointed after consultation with the ommendations as it deems advisable. minority leader. Until such committee Any such report which is made when shall report upon and the House shall the House is not in session shall be decide such question and right, the filed with the Clerk of the House. said Adam Clayton Powell shall not be sworn in or permitted to occupy a seat Challenge to Member Once Ex- in this House. cluded For the purpose of carrying out this resolution the committee, or any sub- § 6.8 Where a Representative- committee thereof authorized by the committee to hold hearings, is author- elect, excluded from member- ized to sit and act during the present ship in a particular Congress Congress at such times and places is re-elected to the same Con- within the United States, including gress, it is for the House to any Commonwealth or possession determine the procedure to thereof, or elsewhere, whether the be followed if and when he House is in session, has recessed, or has adjourned, to hold such hearings, appears to take the oath; no and to require, by subpoena or other- action is taken until such wise, the attendance and testimony of time that the Representative- such witnesses and the production of elect appears to take the such books, records, correspondence, oath and is again challenged. memorandums, papers, and documents, as it deems necessary; except On May 1, 1967,(8) Speaker that neither the committee nor any John W. McCormack, of Massa- subcommittee thereof may sit while chusetts, responded to a par- the House is meeting unless special liamentary inquiry as to the ne- leave to sit shall have been obtained from the House. Subpoenas may be cessity of the House to take af- issued under the signature of the firmative action when a Rep- chairman of the committee or any resentative-elect, excluded from member of the committee designated membership ‘‘in the Ninetieth by him, and may be served by any per- Congress’’, by resolution, was re- son designated by such chairman or elected to the same Congress. The member. Until such question and right have Speaker stated that when the been decided, the said Adam Clayton Member appeared, if he was chal- Powell shall be entitled to all the pay, lenged, it would be a matter for allowances, and emoluments author- the House to decide and for the ized for Members of the House. The committee shall report to the 8. 113 CONG. REC. 11298, 90th Cong. House within five weeks after the 1st Sess.

134 ENROLLING MEMBERS; ADMINISTERING THE OATH Ch. 2 § 6

House to express its will upon. He stand aside while the oath of of- stated that the leadership in- fice was administered to the other tended to take no action with re- Members. gard to the seating of such Mem- ber until he appeared to take the Senate Challenges oath. § 6.9 The right to take the oath § 6.10 On one occasion, a Sen- of a Member-elect. who had ator-elect died while there been excluded by resolution was pending in the Senate a from membership in the 90th question as to his right to Congress, was challenged in take the oath of office. the 91st Congress. On Jan. 4, 1947,(11) the Senate On Jan. 3, 1969,(9) the right to laid on the table the credentials of be sworn of Mr. Adam C. Powell, Mr. Theodore G. Bilbo, of Mis- Jr., of New York, Representative- sissippi, whose seat was chal- elect to the 91st Congress, was lenged, pending the improvement challenged. Mr. Powell had been excluded by the House from mem- of his physical condition. Mr. bership in the 90th Congress. The Bilbo died on Aug. 21, 1947, be- Speaker (10) asked Mr. Powell to fore the matter was again brought before the Senate. 9. 115 CONG. REC. 15, 91st Cong. 1st Sess. 11. 93 CONG. REC. 109, 80th Cong. 1st 10. John W. McCormack (Mass.). Sess.

135 CHAPTER 3

Party Organization

A. Introduction § 1. In General

B. Party Caucus or Conference § 2. In General; Nature and Purposes § 3. Chairmen—Functions § 4. Adoption of Rules; Recent Changes § 5. Time and Place of Meetings § 6. Specific Functions—Selection of Leaders § 7. —Nomination of House Officers § 8. —Creation of Party Committees § 9. —Assigning Members to House Committees § 10. —Policy Determination; Party Decisions as Bind- ing

C. Party Committees and Informal Groups § 11. Committee on Committees § 12. Republican Policy Committee; Research Com- mittee § 13. Steering Committee § 14. Patronage Committee § 15. Official Objectors’ Committees § 16. Campaign Committees; Informal Party Groups

D. Floor Leaders § 17. In General § 18. Duties as to Legislative Schedule

Commentary and editing by Evan Hoorneman, J.D.

137 Ch. 3 DESCHLER’S PRECEDENTS

§ 19. Role as Party Leader § 20. Appointments § 21. Duties; Ceremonial Functions § 22. Salary and Perquisites; Honors on Death

E. Party Whips § 23. In General § 24. Duties and Functions § 25. Allowances—Clerk-Hire Allowance

INDEX TO PRECEDENTS

Affiliation, party, change of, § 9.5 Chairman, caucus —Cont. Announcements by caucus chairman Ways and Means Committee, resolu- floor leader, election of, §§ 3.5, 3.6 tion electing members to, § 3.11 meeting, caucus, §§ 3.13, 5.1 Chairman, caucus, announcements officers, party, selection of, §§ 3.5–3.8, by 12.1 caucus meetings §§ 3.13, 5.1 Speaker, name of candidate for, §§ 3.1– floorleader, election of, §§ 3.5, 3.6 3.3 officers, party, selection of, §§ 3.5–3.8, whip, Republican, selection of, § 3.7 12.1 Announcements by floor leader Speaker, name of candidate for, §§ 3.1– acting Majority Leader, designating, 3.3 § 17.4 whip, Republican, selection of, § 3.7 ceremonial or social events §§ 21.20– Change of party affiliation, § 9.5 21.22 Commission on extension of Capitol, meeting, caucus, §§ 5.3–5.5, 19.1 § 17.15 meeting of committee on committees, Committee on Committees, § 11.2 § 11.2 Committees, standing, election of schedule, legislative, § 18.6 members to Chairman, caucus caucus approval of nominations, § 9.2 ceremonial activities, §§ 3.14–3.17 procedure generally, § 9.3 committees, resolution electing mem- resolution naming members from both bers to, §§ 3.11, 3.12 parties, § 11.1 courtesy or recognition, expressions of, resolution offered by caucus chairman, §§ 3.18, 3.19 §§ 3.11, 3.12 minority employees, resolution as to third-party members, § 9.4 compensation of, § 3.10 Discipline of party member officers of House, resolution naming, committee assignments as instrument § 3.9 of, § 9.5

138 PARTY ORGANIZATION Ch. 3

Employees, minority, §§ 3.10, 17.10 Floor leader—Cont. Floor leader resolutions affecting operations of acting Majority Leader, § 17.4 House, §§ 17.7–17.12, 17.14 adoption of rules, resolution as to, roll call, correction of, § 19.5 § 17.7 schedule, legislative, consultation as announcement of election of, §§ 3.5, to, § 18.7 3.6, 17.1 sentiment, party, request for indication clerks and assistants to. § 22.1 of, § 19.2 commissions, special, service on, Speaker-elect, introduction of, § 21.2 § 17.15 Speaker pro tempore, § 17.5 committee assignments, resolutions re- suspension of rules, approval of motion lating to, §§ 19.7, 19.8 for, § 18.2 committee, standing, resolution relat- suspension of rules, motion for, by, ing to composition of, §§ 17.8, 17.9, § 18.5 19.9 tributes to Speaker, §§ 21.9, 21.10 committees to notify President, ap- unanimous-consent requests after con- pointment to, §§ 21.3–21.6 sultation with, § 18.1 courtesies or recognition extended by, unanimous-consent requests by, §§ 21.11–21.17 §§ 18.3, 18.4, 21.22 death of individuals, resolutions relat- unanimous-consent requests, objection ing to, §§ 21.18, 21.19 to, § 19.6 election by caucus, §§ 6.4, 6.5, 17.1– viewpoint on committee assignments, 17.3 expression of, § 19.3 election of, announcement as to, §§ 3.5, whip, Democratic, appointment of, 3.6, 17.1 § 20.3 escort, committee of, appointment to, Floor leader, announcements by §§ 21.1, 21.7, 21.8 acting Majority Leader, designating, joint committee, resolution electing § 17.4 Member to, § 17.12 caucus meetings, §§ 5.3–5.5, 19.1 minority employees, resolution relating ceremonial or social events, §§ 21.18– to, § 17.10 21.22 oath, resolution relating to right of objectors, appointment of, §§ 15.1, 15.3, Member–elect to take, § 17.11 20.1, 20.2 objectors, appointment of, §§ 15.1, 15.3, schedule, legislative, § 18.6 20.1, 20.2 whip, Democratic, appointment of, physical facilities of Capitol, respon- § 20.3 sibilities relating to, §§ 17.15–17.18 Majority Leader (see also Floor lead- President’s salary, resolution relating er) to, § 17.13 acting Majority Leader, § 17.4 reassembly of Congress, notification of, building regulations inserted in Record by, § 18.8 by, § 17.17 recommittal motion, responsibilities Commission on the Extension of the with respect to, § 17.6 Capitol, membership on, § 17.15

139 Ch. 3 DESCHLER’S PRECEDENTS

Majority Leader (see also Floor lead- Officers, House, resolution electing, er)—Cont. § 7.1 President’s salary, bill increasing, floor Policy Committee, Chairman of, leaders joined in offering, § 17.13 §§ 12.112.3 resolutions affecting operations of Recess for Republican Conference, House offered by, §§ 17.7–17.10, request for, refused, § 5.5 17.12, 19.9, 21.3, 21.5 Seniority Speaker pro tempore, designation as, reduction in rank of Member, § 9.5 § 17.5 Speaker standing committee, election to, § 17.18 announcement of caucus meeting by, suspension of rules, motion for, made § 5.2 by, § 18.5 candidate, party’s, announcement as suspension of rules, motions for, to, §§ 3.1–3.3 cleared through Majority Leader, nomination by party caucus, §§ 6.1–6.3 § 18.2 recess, refusal of Minority Leader’s re- unanimous-consent requests by, quest for, § 5.5 §§ 18.3, 18.4 Speaker pro tempore Minority Leader (see also Floor lead- election of, presided over by whip, er) § 23.6 Commission on the Extension of the resolution electing, offered by caucus Capitol, membership on, § 17.15 chairman, § 3.4 committees, resolution assigning Mem- whip, majority, designated as, § 23.5 bers to, offered by Minority Leader, Steering Committee §§ 19.7, 19.8 employee, compensation of, § 13.1 introduction of Speaker-elect by, § 21.2 expense allowance, § 13.2 oath to Member, amendment deferring administration of, offered by, § 17.11 Third party President’s salary, bill increasing, floor committees, standing, assignments to, leaders joined in offering, § 17.13 § 9.4 recommittal motion, actions taken with Speaker, candidate for, selection of, respect to, § 17.6 §§ 3.3, 6.3 resolution honoring Speaker offered by, Ways and Means, Committee on § 21.9 election of Democratic members to, resolution relating to minority employ- § 9.1 ees in House offered by, § 17.10 resolution electing members offered by sentiment, party, request for indication caucus chairman, § 3.11 of, § 19.2 Whips third party, election of leader of, § 17.3 Clerk-hire allowance, § 25.1 viewpoint on committee assignments, committee to notify President, ap- expression of, § 19.3 pointed to, § 24.2 Objectors courtesies or recognition extended by, appointment of, §§ 15.1, 15.3, 20.1, 20.2 § 24.4 consideration of bills, §§ 15.2, 15.4, division of question, request for, § 23.7 15.5 floor whips, § 23.2

140 PARTY ORGANIZATION Ch. 3

Whips—Cont. Whips—Cont. formal occasions, announcements or re- Speaker pro tempore, election of, pre- quests respecting, § 24.3 sided over by, § 23.6 Republician whip organization, § 23.4 Speaker pro tempore, majority whip, selection of, §§ 6.6, 20.3, 23.1, 23.3 designated as, § 23.5

141

Party Organization

A. INTRODUCTION § 1. In General Steering Committee has been relatively inactive in recent years.(4) This chapter describes the na- Much of the legislative business ture and functions of the party that is done is, of course, a result structure in the House, including of interaction between the polit- the party leadership and the ical parties. Many of the rules and ( ) major party organizations. 1 It procedures of the House can be should be borne in mind that understood only in the context of some of the organizations de- the system of government through scribed do not remain constant in parties. Jefferson regarded the their influence or importance as rules of proceeding as, in some de- instruments for the formation or promotion of party policy. Thus, gree, a check on the power of the (5) the Democratic Caucus is more majority; he stated that, active at present than at times in . . . [A]s it is always in the power of the recent past;(2) the Republican the majority, by their numbers, to stop Conference has in some measure any improper measures proposed on assumed functions formerly un- the part of their opponents, the only dertaken by the Policy Com- weapons by which the minority can de- (3) fend themselves against similar at- mittee; and the Democratic tempts from those in power are the forms and rules of proceeding which 1. See also the discussion of party orga- . . . [have] become the law of the nizations in 8 Cannon’s Precedents House, by a strict adherence to which §§ 3602–3629. the weaker party can only be protected This chapter discusses significant from those irregularities and abuses developments through the 93d Con- which these forms were intended to gress, first session. For discussion of check. . . . later changes in the structure and procedures of the party organiza- 4. Id. tions, see supplements to this edition For discussion of recent develop- as they appear. ments, including the new role as- 2. See Congressional Quarterly’s Guide sumed by the Democratic Steering to the Congress of the United States, and Policy Committee, see supple- Congressional Quarterly Service ments to this edition as they appear. (Washington, D.C., 1971), p. 604. 5. Jefferson’s Manual, sec. 1 (House 3. Id. at p. 142. Rules and Manual § 283 [1973]).

143 Ch. 3 § 1 DESCHLER’S PRECEDENTS

At the same time, it has often Steps are taken to ensure that been observed that the rules of in every phase of legislative pro- proceeding are an instrument ceedings each party’s interests are through which a majority may represented. Thus, each standing work its will in the face of the determined opposition of a minority. committee is composed of members selected by the respective Although not always the case, parties.(9) Where memberships are frequently the attitude of members of the same party toward added to a committee, they are particular legislation is fairly uni- apportioned between majority and form,(6) so that sentiment in the minority.(10) Similar principles of House with respect to such legis- apportionment are applied with lation divides according to party respect to subcommittees.(11) With ( ) alignment. 7 Despite the tradi- respect to the appointment of tional role of partisan rivalry in committee staff personnel, the shaping legislation, however, the rules typically contain a provision spirit of comity that exists between the parties has often been such as the following: noted.(8) The minority party on any such standing committee is entitled to and 6. See § 10, infra, as to means by which shall receive fair consideration in the a party may seek to promote uni- appointment of committee staff per- formity among its members. sonnel pursuant to each such primary 7. The terms ‘‘majority’’ and ‘‘minority,’’ or additional expense resolution.(12) of course, need not necessarily refer to parties, but may refer to the divi- 1971 (remarks of Mr. James G. Ful- sion of sentiment on an issue where ton [Pa.]). such sentiment does not depend on party alignment. For an instance in 9. See § 9, infra. which the term ‘‘minority’’ in a spe- 10. See § 17.8 infra. cial order was construed to refer to 11. See, for example, 4 Hinds’ Prece- the minority party in the House and dents § 4551. not to those in the minority on the 12. Rule XI clause 32(c), House Rules pending question, see 7 Cannon’s and Manual (1971). This language, Precedents § 767. It is also stated (in offered as part of H. Res. 5, 92d 7 Cannon’s Precedents § 766) that a Cong. 1st Sess. (1971), engendered division of time for debate between considerable controversy, being a those ‘‘for and against’’ a proposition does not necessarily provide for such modification of a proposed more spe- division between the majority and cific rule. minority parties of the House but be- A statute [2 USCA § 72a(b)] pro- tween those actually favoring and vides that, subject to appropriations opposing the measure. which it shall be in order to include 8. See, for example, 117 CONG. REC. in appropriation bills, the Committee 1709, 92d Cong. 1st Sess., Feb. 4, on Appropriations of each House is

144 PARTY ORGANIZATION Ch. 3 § 1

Similarly, provision is generally offices are generally named to po- made for majority and minority sitions as ‘‘minority employees’’ in representation on joint commit- the House.(15) Moreover, provision tees.(13) is made for the appointment and Care is also taken that the par- compensation of a minority pair ties are fairly represented on clerk and a ‘‘staff director to the ( ) other committees or commissions minority.’’ 16 created for special purposes. For On occasion, a Member has example, commissions that have changed party affiliation, some- been appointed for purposes of times after acts on his part that making recommendations regard- his party has deemed disloyal and ing improvement, reconstruction, for which the party has imposed or the like, of the physical facili- discipline on the Member. Thus, ties of the Capitol, have been com- Mr. Albert W. Watson, of South prised of Members apportioned Carolina, who had been elected to from the majority and minority the 89th Congress as a Democrat, parties, including designated was the subject of punitive action party leaders.(14) taken by the caucus on account of Although the majority party’s his having supported a Repub- candidates for various House of- lican Presidential candidate. Mr. fices are routinely elected thereto, Watson subsequently announced the minority’s candidates for the his intention to change his political affiliation from Democratic to authorized to appoint such staff, in Republican and to resign so that addition to the clerk thereof and as- his constituents could, by their sistants for the minority, as each votes in a special election, indicate such committee, by a majority vote, shall determine to be necessary, such 15. See 117 CONG. REC. 13 (resolution personnel, other than the minority naming minority candidates), 15 assistants, to possess such qualifica- (resolution as to compensation of cer- tions as the committees respectively tain minority employees), 92d Cong. may prescribe. 1st Sess., Jan. 21, 1971. As a further As to committees and committee example, see 99 CONG. REC. 15, 24, staff generally, see Ch. 17, infra. 25, 83d Cong. 1st Sess., Jan. 3, 1953. 13. See House Rules and Manual §§ 983a Resolutions relating to minority em- et seq. (1973). ployees of the House are discussed 14. See 40 USCA § 166 (notes); see also further in § 17.10, infra. § 17 infra, discussing measures 16. See, for example, 117 CONG. REC. 15 taken to ensure equitable represen- (H. Res. 6), 92d Cong. 1st Sess., Jan. tation on the Commission on the Ex- 21, 1971. See also H. Res. 441, 91st tension of the Capitol. Cong. 1st Sess. (1969).

145 Ch. 3 § 1 DESCHLER’S PRECEDENTS their approval or disapproval of Speaker’s Relation to Party his activities. Mr. Watson’s letters Structure tendering his resignation to the Since the Speaker is the subject Governor of his state and inform- of another chapter (Ch. 6, infra) ing the Speaker of such resigna- no attempt will be made here to tion appear in the Congressional discuss his office in depth. It is (17) Record. worth quoting here, however, cer- In the 85th Congress, Mr. Vin- tain remarks of Minority Leader cent J. Dellay, of New Jersey, Gerald R. Ford, of Michigan, on changed his party affiliation from the subject of the Speakership; Republican to Democratic. A letter the remarks, made during discus- written by him to the Republican sion of a resolution commending floor leader appears in the Con- John W. McCormack, of Massa- gressional Record; (18) the letter in- chusetts, on his length of service dicated that Mr. Dellay had inas Speaker, were as follows:(1) formed certain Democratic leaders The office of the Speaker is a unique on both the national and state lev- one in the American Government. He els of his intention to change is at once the leader of his party and party affiliation. Also appearing in the impartial Presiding Officer of the the Record (19) is Mr. Dellay’s let- House. As his powers are great, so ter of resignation from a House must his sense of fairness be extraordinary. As his position is exalted committee as a Republican Mem- among his legislative equals, so must ber. Mr. Dellay was subsequently his tact and consideration . . . be con- elected as a Democratic Member stantly exercised. (20) to certain House committees. The Speaker is, of course, his

17. 111 CONG. REC. 1452, 89th Cong. 1st party’s leader. Nominated by the Sess., Jan. 28, 1955. party caucus, he has received, in As to constitutionality, construc- the election that takes place in tion, and application of statutes re- the House at the beginning of a garding party affiliation or change Congress, the universal support of thereof as affecting eligibility to the members of his party despite nomination for public office, see an- the range of ideological variations notation, 153 ALR 641. that may exist in the party. His- 18. 104 CONG. REC. 674, 85th Cong. 2d Sess., Jan. 20, 1958. torically, moreover, the Speaker will frequently rise to that posi- 19. Id. 20. See H. Res. 452, 85th Cong. 2d Sess. 1. 116 CONG. REC. 17021, 91st Cong. 2d (1958). Sess. May 26, 1970.

146 PARTY ORGANIZATION Ch. 3 § 1 tion after having served as his contemplated certain changes in party’s floor leader and perhaps, the rules, he felt that his views prior to that service, as the party should be made known to the whip. The minority party’s can- Members of the House. didate for Speaker generally be- On one occasion, the caucus comes that party’s floor leader, chairman inserted in the Record a and may reasonably expect to be resolution, previously approved by elevated to the Speakership upon the caucus, praising the Speaker a shift of power in the House.(2) of the House for his efforts on be- The Speaker has on occasion half of Democratic candidates in a taken the floor to promote certain recent election campaign.(4) measures that have been endorsed In fulfilling the duties of the by his party. Thus, on Jan. 4, Chair, the Speaker is impartial, 1965,(3) Speaker John W. McCor- and assiduous in protecting the mack, of Massachusetts, took the rights of the minority. Of course, floor to urge adoption of rules for this does not mean that the ex- the 89th Congress that included igencies of business in the House certain provisions that had the cannot interfere with his ability to endorsement of the Democratic accommodate the minority party Caucus. He stated that since the in particular instances. Thus, on a resolution under consideration day on which the House was considering the 1951 amendments to 2. See, generally, the discussion of lead- the Universal Military Training ership posts in the House in Con- and Service Act, the Speaker de- gressional Quarterly’s Guide to the Congress of the United States, Con- clined to entertain a request of gressional Quarterly Service (Wash- the Minority Leader, made shortly ington, D.C., 1971), pp. 140, 141. In after convening on that day, that 6 Cannon’s Precedents § 35 is cited the House take a two-hour recess an unusual instance in which Speak- for a Republican Conference.(5) er Joseph G. Cannon, of Illinois, fol- But a Speaker must always con- lowing a vote upon an essential question indicating a change in the cur with the sentiments expressed party control of the House, an- by Speaker John W. McCormack, nounced that under such cir- of Massachusetts, in the 91st Con- cumstances it was incumbent upon gress:(6) the Speaker either to resign or to recognize for a motion declaring va- 4. See § 3.18, infra. cant the office of Speaker. 5. See § 5.5, infra. 3. 111 CONG. REC. 23, 89th Cong. 1st 6. 116 CONG. REC. 17041, 91st Cong. 2d Sess. Sess., May 26, 1970.

147 Ch. 3 § 1 DESCHLER’S PRECEDENTS

There is one thing that I would like Members without regard to political to be remembered for by my colleagues party; to protect their rights under the and that is that John McCormack was always the Members’ Speaker. . . . It is Rules of the House of Representatives; because of the intense love I have in and, even more, protecting their rights my heart for the House of Representa- on a broader scale where that is nec- tives and the deep respect I have for essary. I have always tried to impar- all Members. And also for the fact that whenever a Member takes the Chair tially carry out the Rules of the House as Speaker he represents all of the of Representatives.

B. PARTY CAUCUS OR CONFERENCE § 2. In General; Nature tions of the two party organiza- and Purposes tions are to promote unity; to determine party policy with respect The primary party organiza- to anticipated legislation; to select tions in the House are the Demo- their respective candidates for the cratic Caucus and the Republican Speakership and other offices in the House; to choose party lead- Conference. Generally, the Demo- ers; and to play a role in selecting cratic Caucus is composed of all party members for positions on Democratic Members of the ( ) House, 7 and the Republican Con- Hesseltine, William B., Third Party ference is composed of all Repub- Movements in the United States, Van lican Members.(8) The main func- Nostrand (Princeton, N.J., 1962); Hicks, John Donald, The Populist 7. See Rule 1, Democratic Caucus Revolts; A History of the Farmers’ Al- Rules (July 20, 1971). liance and the People’s Party, Uni- 8. See Riddick, Floyd M., Congressional versity of Nebraska Press (Lincoln, Procedure, Chapman and Grimes 1961); Nash, Howard Pervear, Third (Boston, 1941), p. 31. Parties in American Politics, Public Collateral references: Binkley, Affairs Press (Washington, D.C., Wilfred Ellsworth, American Polit- 1959); Ripley, Randall B., Party ical Parties; Their Natural History, Leaders in the House of Representa- 4th edition, rev., Alfred A. Knoph tives, The Brookings Institution Co. (New York, 1972); Fine, Nathan, (Washington, 1967) pp. 41–46 (devel- Labor and Farmer Parties in the opment of party caucuses); Stead- United States, 1828–1928, Russell man, Murry Salisbury and Susan W. and Russell (New York, 1961); Stedman, Discontent at the Polls; A Haynes, Frederick E., Third Party Study of Farmer and Labor Parties, Movements Since the Civil War, Rus- 1827–1948, Russell and Russell (New sell and Russell (New York, 1966); York, 1967).

148 PARTY ORGANIZATION Ch. 3 § 3

House committees. These func- his own motion and shall be called by tions are discussed in detail in him whenever requested in writing by succeeding sections. 50 members of the caucus or at the request of the party leader. While the House is in session the Democratic caucus shall meet regularly at a time § 3. Chairmen—Functions and place to be determined by the chairman, on the third Wednesday of At the beginning of a Congress, each month, except January of odd the Democratic Caucus and Re- numbered years. If the House not be in publican Conference elect chair- session on the third Wednesday, the men.(9) monthly caucus shall be held on the next succeeding Wednesday on which The chairman has duties and the House is in session. The chairman functions which are to some ex- may cancel any monthly caucus, but tent specified in the caucus or not two consecutive monthly caucuses, conference rules. Thus, the fol- provided members are given reason- lowing rule defines the authority able notice of such cancellation.(10) of the Democratic Caucus Chair- The caucus rules also delimit man with respect to determining the role of the chairman in deter- the time and place of caucus meetings: mining the order and nature of business to be transacted at cau- Meetings of the Democratic caucus cus meetings. The caucus rules may be called by the chairman upon provide that, at each monthly cau- 9. See 8 Cannon’s Precedents §§ 3603, cus, 3604a; Cannon’s Procedure in the . . . members shall have the right to House of Representatives, H. Doc. No. place before the caucus any question, 122, 86th Cong. 1st Sess. (1959) p. provided that notice of such intention 187; Riddick, Floyd M., Congres- is (1) delivered to the office of the sional Procedure, Chapman and chairman, and (2) transmitted to all Grimes (Boston, 1941), pp. 31, 32. members of the caucus not later than The chairman of the caucus for the 5:00 p.m. on the ninth day imme- preceding Congress may call the ini- diately preceding the day of such cau- tial meeting to order. See Cannon’s cus. The chairman shall prescribe the Procedure in the House of order of business and shall provide Representatves, H. Doc. No. 122, members with an agenda at least 5 86th Cong. 1st Sess. (1959), p. 187. days before caucus. Amendments to For discussion of more recent de- the agenda shall be in order only if velopments, including procedures for calling an organizational meeting of 10. Rule 3, Democratic Caucus Rules the caucus prior to the opening of a (July 20, 1971). For general discus- new Congress, see supplements to sion of the caucus rules, see § 4, this edition as they appear. infra.

149 Ch. 3 § 3 DESCHLER’S PRECEDENTS

submitted to caucus members at least caucus or conference business, the 48 hours before the hour of convening chairman undertakes certain func- and if supported in writing by 50 mem- tions, described in succeeding sec- bers.(11) tions, on the floor of the House. It The following are rules of a gen- should also be noted that the eral nature that relate to the con- chairman may serve as an ex offi- duct of business by the chairman: cio member of various party com- General parliamentary law, with mittees; the Chairman of the such special rules as may be adopted, Democratic Caucus, for example, shall govern the meetings of the Cau- has in past Congresses been an ex cus.(12) officio member of the Steering That the 5-minute rule that governs Committee.(16) the House of Representatives shall govern debate in the Democratic Cau- cus, unless suspended by a vote of the caucus.(13) Announcement of Candidate . . . If the absence of a quorum is for Speaker established, the chairman may continue the meeting for purposes of dis- § 3.1 At the beginning of every cussion only, but no motion of any Congress, each caucus or kind, except a motion to adjourn, shall conference chairman an- be in order at such continued meet- nounces in the House the ing.(14) No persons, except Democratic Mem- name of his party’s candidate bers of the House of Representatives, a for the office of Speaker. caucus Journal Clerk, and other nec- At the beginning of the 91st essary employees, shall be admitted to Congress, immediately following the meetings of the caucus without the the roll call of the states to estab- express permission of the chairman.(15) lish a quorum and the announce- In addition to those activities ment of the receipt of the creden- relating directly to his conduct of tials of the Resident Commis- sioner from Puerto Rico, the Clerk 11. Rule 3, Democratic Caucus Rules (July 20, 1971). called for nominations for Speak- 12. Rule 5, Democratic Caucus Rules er. The Chairman of the Demo- (July 20, 1971). cratic Caucus, Mr. Daniel D. Ros- 13. Rule 9, Democratic Caucus Rules tenkowski, of Illinois, presented (July 20, 1971). the name of Mr. John W. McCor- 14. Rule 4, Democratic Caucus Rules mack, of Massachusetts. The (July 20, 1971). Chairman of the Republican Con- 15. Rule 10, Democratic Caucus Rules (1971). 16. See § 13, infra.

150 PARTY ORGANIZATION Ch. 3 § 3 ference, Mr. John Anderson, of Il- The Clerk recognizes the gentleman linois, presented the name of Mr. from Pennsylvania (Mr. Walter). Gerald R. Ford, of Michigan.(17) MR. [FRANCIS E.] WALTER [of Penn- sylvania]: Mr. Clerk, as chairman of § 3.2 The Speaker having died the Democratic Caucus I am directed prior to the second session of by the unanimous vote of that caucus the 87th Congress, the Clerk to present for election to the office of Speaker of the House of Representa- at the beginning of the sec- tives the name of the Honorable John ond session called for nomi- W. McCormack, a Representative from nations for Speaker, and the the State of Massachusetts. Chairmen of the Democratic THE CLERK: The gentleman from Caucus and Republican Con- Iowa [Mr. Hoeven] is recognized. ference announced their re- MR. [CHARLES B.] HOEVEN [of Iowa]: Mr. Clerk, by authority, by direction, spective parties’ nominations and by unanimous vote of the Repub- for Speaker. lican Conference, I nominate for On Jan. 10, 1962,(18) the Clerk Speaker of the House of Representa- called the House to order for the tives the Honorable Charles A. purpose of electing a Speaker. Im- Halleck, a Representative from the mediately following the call of the State of Indiana. roll, the following proceedings took place: Third-Party Nomination for Speaker THE CLERK: Nominations for Speak- er of the House of Representatives are now in order. § 3.3 A third party may organize as a conference and 17. 115 CONG. REC. 13, 91st Cong. 1st name its candidate for Sess., Jan. 3, 1969. For substantially Speaker, and the chairman the same proceedings in prior Con- of such conference an- gresses, see, for example, 113 CONG. nounces his party’s can- REC. 12, 90th Cong. 1st Sess., Jan. 10, 1967; and 111 CONG. REC. 17, didate for the Speakership in 89th Cong. 1st Sess., Jan. 4, 1965. In the same manner as the the 90th Congress, 1st Sess. (113 major parties’ candidates are CONG. REC. 12), the proceedings dif- announced. fered mainly in that the Clerk, be- (19) fore calling for nominations for On Jan. 5, 1937, following Speaker, announced a vacancy in the the nominations by the Chairman second district of Rhode Island occa- of the Democratic Caucus and Re- sioned by the recent death of a Rep- publican Conference of candidates resentative-elect. 18. 108 CONG. REC. 5, 87th Cong 2d 19. 81 CONG. REC. 11, 75th Cong. 1st Sess. Sess.

151 Ch. 3 § 3 DESCHLER’S PRECEDENTS for the Speakership, the following rarily assumed by Mr. Hale proceedings took place: Boggs, of Louisiana, who there-

THE CLERK: Are there any further upon assumed the chair and rec- nominations? ognized the Chairman of the MR. [GARDNER R.] WITHROW [of Wis- Democratic Caucus for purposes of consin]: Mr. Clerk, as chairman of the offering the resolution. Farmer-Labor-Progressive Party’s Con- ference, I have been directed, and I A similar resolution was offered have the authority, to present to this by the caucus chairman in the body as a candidate for the Speaker- 87th Congress.(1) Speaker Ray- ship of the Seventy-fifth Congress Hon. burn being absent on Aug. 31, George J. Schneider, a Representative- 1961, Carl Albert, the Democratic elect from the State of Wisconsin. whip, called the House to order Resolution Electing Speaker and laid down a letter from the Pro Tempore Speaker designating Carl Albert as Speaker pro tempore for the § 3.4 The Chairman of the day. Following the prayer, ap- Democratic Caucus offered a proval of the Journal and receipt resolution electing a Speaker of a message from the Senate, the pro tempore. caucus chairman offered the reso- On Jan. 10, 1966, Carl Albert, lution electing John W. McCor- of Oklahoma, the Speaker pro mack, of Massachusetts, as Speak- tempore by designation, left the er pro tempore. chair pending the offering of a resolution electing him as Speaker Announcement of Election of pro tempore during the absence of Party Leader the Speaker.(20) Mr. Albert re- § 3.5 At the beginning of a quested that the chair be tempo- Congress, it is usual for an- 20. 112 CONG. REC. 6, 89th Cong. 2d nouncements to be made by Sess. the caucus and conference Parliamentarian’s Note: Speaker chairmen as to their respec- John W. McCormack (Mass.) was ab- tive parties’ floor leaders. sent because of the death of his ( ) brother. Since the duration of the On Jan. 3, 1969, 2 following the Speaker’s absence was uncertain, transaction of business relating to and since there were new Members present to be sworn as well as busi- 1. 107 CONG. REC. 17765, 17766, 87th ness requiring a signature, the elec- Cong. 1st Sess., Aug. 31, 1961. tion of a Speaker pro tempore was 2. 115 CONG. REC. 34, 91st Cong. 1st considered essential. Sess.

152 PARTY ORGANIZATION Ch. 3 § 3 the swearing in of Members, the death of Speaker Rayburn. The following proceedings took place: announcement was made as fol-

MR. [DANIEL D.] ROSTENKOWSKI [of lows: Illinois]: Mr. Speaker, as Chairman of MR. WALTER: Mr. Speaker, as Chair- the Democratic caucus, I have been di- man of the Democratic caucus I am directed to report to the House that the rected to report to the House that the Democratic Members have selected as Democratic Members have selected as majority leader the gentleman from majority leader the gentleman from Oklahoma, the Honorable Carl Albert. Oklahoma, the Honorable Carl Albert. MR. [JOHN B.] ANDERSON [of Illi- nois]: Mr. Speaker, as Chairman of the Announcement of Republican Republican Conference, I am directed Whip by that Conference to officially notify the House that the gentleman from § 3.7 Generally,(5) after the Michigan, the Honorable Gerald R. Ford, has been selected as the minority members of the Republican leader of the House.(3) Conference select their party whip, such selection is an- § 3.6 Where a vacancy has oc- nounced to the House by the curred in the office of floor chairman of the con- leader, the chairman of the ference.(6) party caucus announces the On Jan. 3, 1969,(7) immediately party’s selection of a new after announcements relating to floor leader. the selection of party floor leaders, On Jan. 10, 1962,(4) the Chair- the following announcement was man of the Democratic Caucus an- made by the Chairman of the Re- nounced the selection of Carl Al- publican Conference: bert as Majority Leader, to re- MR. [JOHN B.] ANDERSON of Illinois: place John W. McCormack, of Mr. Speaker, as Chairman of the Re- Massachusetts, who had been ele- publican Conference, I am directed by vated to the Speakership after the that conference to notify the House officially that the Republican Members 3. Substantially the same procedure has been followed in other Con- 5. For occasions on which the selection gresses. See, for example, 113 CONG. of the Republican whip has been an- REC. 27, 90th Cong. 1st Sess., Jan. nounced by the Republican floor 10, 1967; 111 CONG. REC. 20, 89th leader, see § 23.3, infra. Cong. 1st Sess., Jan. 4, 1965; and 6. As to the announcement of the selec- 109 CONG. REC. 13, 88th Cong. 1st tion of the Democratic whip, see Sess., Jan. 9, 1963. § 20.3, infra. 4. 108 CONG. REC. 7, 87th Cong. 2d 7. 115 CONG. REC. 34, 91st Cong. 1st Sess. Sess.

153 Ch. 3 § 3 DESCHLER’S PRECEDENTS

have selected as minority whip the ference, after announcing the se- gentleman from Illinois, the Honorable lection of the Minority Leader and Leslie C. Arends.(8) the minority whip, announced: The Conference has also directed me Announcements as to Other to notify the House officially that the Party Officers Republican Members have selected as Chairman of the Republican Com- § 3.8 The Chairman of the Re- mittee on Policy the gentleman from Arizona, the Honorable John J. publican Conference has on Rhodes, and has chosen as Chairman occasion announced to the of the Republican Committee on Re- House the selection of other search and Planning the gentleman from New York, the Honorable Charles party officers, in particular E. Goodell. the Chairman of the Repub- lican Policy Committee and Resolution Naming Officers of the Chairman of the Repub- the House lican Committee on Research and Planning. § 3.9 The chairman of the caucus or conference custom- (9) On Jan. 10, 1967, the Chair- arily introduces a resolution man of the Republican Con- pertaining to the election of 8. Substantially similar proceedings the Clerk of the House, Ser- have taken place in other Con- geant at Arms, Doorkeeper, gresses. See, for example 113 CONG. Postmaster, and Chaplain. REC. 27, 90th Cong. 1st Sess., Jan. On Jan. 3, 1969,(10) the Chair- 10, 1967. Of course, announcements man of the Democratic Caucus of- relating to the selection of the whips are not always made at the same lican Conference announced the se- time as announcements relating to lection of the minority whip and the the selection of floor leaders. In the Chairman of the Republican Policy 89th Congress, for example, the Committee. In the 89th Congress Chairman of the Republican Con- (111 CONG. REC. 20, 89th Cong. 1st ference announced the selection of Sess.), on Jan. 4, 1965, the conference chairman announced first the minority whip on Jan. 14, 1965 the selection of the Minority Leader (111 CONG. REC. 656, 89th Cong. 1st and immediately thereafter the se- Sess.), whereas the selection of the lection of the Chairman of the Re- floor leaders had been announced on publican Policy Committee; the an- Jan. 4 (111 CONG. REC. 20, 89th nouncement of the selection of the Cong. 1st Sess.). minority whip was made by the conference chairman on Jan. 14, 1965 ONG EC 9. 113 C . R . 27, 90th Cong. 1st (111 CONG. REC. 656, 89th Cong. 1st Sess. See also 109 CONG. REC. 506, Sess.). 88th Cong. 1st Sess., Jan. 17, 1963, 10. 115 CONG. REC. 34, 91st Cong. 1st in which the Chairman of the Repub- Sess.

154 PARTY ORGANIZATION Ch. 3 § 3 fered the following resolution, the original resolution, named dif- which was read by the Clerk: ferent persons to fill the posts of Clerk, Sergeant at Arms, Door- H. RES. 3 keeper, and Postmaster. In the Resolved, That W. Pat Jennings, of proceedings that followed, the the Commonwealth of Virginia, be, and substitute amendment was re- he is hereby, chosen Clerk of the jected, and the resolution offered House of Representatives; by the Chairman of the Demo- That Zeake W. Johnson, Jr., of the cratic Caucus was agreed to.(11) State of Tennessee, be, and he is here- In the 89th Congress,(12) no sub- by, chosen Sergeant at Arms of the stitute amendment was offered, House of Representatives; and the resolution offered by the That William M. Miller, of the State caucus chairman pertaining to the of Mississippi, be, and he is hereby, election of the House officers was chosen Doorkeeper of the House of immediately agreed to. Representatives; That H. H. Morris, of the Common- Resolution as to Compensation wealth of Kentucky, be, and he is hereby, chosen Postmaster of the House of of Minority Employees Representatives; § 3.10 The chairman of the mi- That Reverend Edward G. Latch, of the District of Columbia, be, and he is nority caucus or conference hereby, chosen Chaplain of the House may introduce a resolution of Representatives. relating to the compensation Immediately after the introduc- of certain minority employ- tion of the above resolution, the ees. Chairman of the Republican Con- On Jan. 3, 1969,(13) the Chair- ference announced that he had a man of the Republican Conference substitute to offer to the resolution. He thereupon requested that 11. 115 CONG. REC. 34, 91st Cong. 1st Sess., Jan. 3, 1969. In the 90th Con- there be a division on the question gress (113 CONG. REC. 27, 90th on the resolution so as to permit a Cong. 1st Sess., Jan. 10, 1967), the separate vote on the office of the proceedings were substantially the Chaplain. After that portion of the same, except that the request for a resolution providing for the elec- division of the resolution electing of- tion of the Chaplain was agreed ficers was made by the minority whip. to, the Chairman of the Repub- 12. 111 CONG. REC. 20, 89th Cong. 1st lican Conference offered a sub- Sess., Jan. 4, 1965. stitute amendment for the re- 13. 115 CONG. REC. 35, 91st Cong. 1st mainder of the resolution; such Sess. For further discussion of the amendment, in the same form as minority employees, see § 1, supra.

155 Ch. 3 § 3 DESCHLER’S PRECEDENTS offered a resolution relating to the leged resolution (H. Res. 124) and ask compensation of certain minority for its immediate consideration. employees as follows: The Clerk read the resolution as follows: MR. [JOHN B.] ANDERSON of Illinois: Mr. Speaker, I offer a resolution (H. H. RES. 124 Res. 8) and ask for its immediate con- Resolved, That Sam Gibbons, of sideration. Florida, be, and he is hereby, elected The Clerk read the resolution, as fol- a Member of the standing committee lows: of the House of Representatives on Ways and Means. H. RES. 8 The resolution was agreed to. Resolved, That pursuant to the Legislative Pay Act of 1929, as Substantially the same proce- amended, six minority employees au- dure has been followed in other thorized therein shall be the fol- ( ) lowing-named persons . . . to wit: Congresses. 15 On Jan. 16, Harry L. Brookshire and Richard T. 1962,(16) the resolution offered by Burress to receive gross compensation of $28,000 respectvely. . . . the caucus chairman named two persons for membership on the Election of Members to Com- Committee on Ways and Means, mittee on Ways and Means one of them the first woman elected to the committee. The pro- § 3.11 Resolutions electing ceedings were as follows:

Democratic Members to the MR. [FRANCIS E.] WALTER [of Penn- Committee on Ways and sylvania]: Mr. Speaker, by direction of Means, including resolutions the Democratic Caucus, I send to the to fill vacancies, are offered desk a resolution and ask for its immediate consideration. in the House by the Chair- man of the Democratic Cau- 15. See, for example, 114 CONG. REC. cus. 24220, 90th Cong. 2d Sess., July 30, [Note: For more recent changes 1968, in which the caucus chairman in the functions and composition called up a resolution electing Omar of the Committee on Ways and Burleson to the Committee on Ways and Means; Mr. Burleson had pre- Means, see supplements to this viously resigned (114 CONG. REC. edition as they appear.] 24215, 90th Cong. 2d Sess., July 30, ( ) On Jan. 14, 1969, 14 the fol- 1968) from two positions on commit- lowing proceedings took place: tees pending his election to the Com- MR. [DANIEL D.] ROSTENKOWSKI [of mittee on Ways and Means. See also Illinois]: Mr. Speaker, I offer a privi- 110 CONG. REC. 10027, 88th Cong. 2d Sess., May 5, 1964. 14. 115 CONG. REC. 611, 91st Cong. 1st 16. 108 CONG. REC. 263, 87th Cong. 2d Sess. Sess.

156 PARTY ORGANIZATION Ch. 3 § 3

The Clerk read as follows: vania, offered separate resolutions

H. RES. 507 electing Members respectively to the standing Committee on Rules Resolved, That Clark W. Thomp- son, of Texas, and Martha W. Grif- and the standing Committee on fiths, of Michigan, be, and they are Appropriations. hereby, elected members of the standing committee of the House of Representatives on Ways and Announcement of Caucus Meet- Means. ing

Resolution Electing Members § 3.13 The caucus chairman to Other Standing Commit- has on occasion made an- tees nouncements in the House concerning caucus meetings. § 3.12 On occasion, the caucus On Jan. 12, 1937,(19) the Chair- chairman has offered a reso- man of the Democratic Caucus lution electing Members to made the following announcement various standing committees in the House: of the House. MR. [ROBERT L.] DOUGHTON [of (17) On Jan. 5, 1937, the Chair- North Carolina]: Mr. Speaker, I have man of the Democratic Caucus, asked for this time to inform the ma- Robert L. Doughton, of North jority Members of the House that there Carolina, offered a resolution will be a Democratic Caucus at 10:30 electing Members to certain o’clock tomorrow morning to hear a re- standing committees of the House. port of the majority Committee on Committees. On Jan. 23, 1961,(18) the Chair- man of the Democratic Caucus, Ceremonial Activities; Cour- Francis E. Walter, of Pennsyl- tesies 17. 81 CONG. REC. 15, 75th Cong. 1st § 3.14 The chairmen of the cau- Sess. Ordinarily, at the beginning of recent Congresses, the resolution cus and conference have on electing Democratic Members to the occasion been appointed to standing committees of the House the committee of escort (20) has been offered by the Democratic which traditionally accom- Chairman of the Ways and Means Committee. For further discussion of 19. 81 CONG. REC. 190, 75th Cong. 1st assignments to standing committees, Sess. see §§ 9.1–9.5, infra; see also Ch. 17, 20. At times, the committee of escort has infra. consisted only of the majority and 18. 107 CONG. REC. 1155. 87th Cong. 1st minority floor leaders. See § 21.1, Sess. infra.

157 Ch. 3 § 3 DESCHLER’S PRECEDENTS

panies a new Speaker-elect Administration of Oath to to the chair. Speaker Pro Tempore ( ) On Jan. 10, 1967, 1 following § 3.16 On occasion,(3) the the Clerk’s announcement of the Chairman of the Democratic election of the Speaker, the fol- Caucus has administered the lowing proceedings took place: oath to a newly-elected Speaker pro tempore. [THE CLERK:] The Clerk appoints the (4) following Committee to escort the On Aug. 31, 1961, after the Speaker-elect to the chair: . . . the adoption by the House of a resolu- gentleman from Wisconsin [Mr. Laird] tion introduced by the caucus . . . the gentleman from Illinois [Mr. chairman electing John W. Rostenkowski]. . . . McCormack, of Massachusetts, the Speaker pro tempore, the cau- The Doorkeeper announced the cus chairman administered the Speaker-elect of the House of Rep- oath to Mr. McCormack. resentatives of the 90th Congress, who was escorted to the chair by the com- Assumption of Duties as mittee of escort. Speaker Pro Tempore Committee to Notify President § 3.17 In the 88th Congress, the Chairman of the Republican § 3.15 The chairman of the ma- Conference (5) presided as jority caucus has been ap- Speaker pro tempore during pointed on occasion to the consideration of a resolution committee to notify the expressing the appreciation President as to the assembly of the House for the manner of Congress. in which Speaker John W. In the 86th Congress, the com- 3. For a discussion of other persons mittee to notify the President as who might administer the oath to a to the assembly of Congress con- newly-elected Speaker pro tempore, sisted of the Majority Leader, the see Ch. 6, infra. 4. 107 CONG. REC. 17766, 87th Cong. Minority Leader, and the Chair- 1st Sess. (2) man of the Democratic Caucus. 5. The chairman was acting for the minority whip, who was absent. The 1. 113 CONG. REC. 13, 90th Cong. 1st minority whip usually fulfills the du- Sess. ties that were undertaken by the 2. See 105 CONG. REC. 15, 86th Cong. conference chairman on the occasion 1st Sess., Jan. 7, 1959. described above. See § 24.1, infra.

158 PARTY ORGANIZATION Ch. 3 § 3

McCormack, of Massachu- to the Speaker for his efforts setts, performed the duties of during the recent election the Chair in the 88th Con- campaign. gress. On Nov. 18, 1970,(7) the Chair- On Oct. 3, 1964,(6) shortly be- man of the Democratic Caucus fore adjournment of the second asked and was given permission session of the 88th Congress, the to address the House for one Speaker requested the Chairman minute and to revise and extend of the Republican Conference to his remarks and include extra- assume the Chair as Speaker pro neous matter. tempore. Having assumed the MR. [DANIEL D.] ROSTENKOWSKI [of Chair, the Speaker pro tempore, Illinois]: Mr. Speaker, this morning in Gerald R. Ford, of Michigan, rec- the Democratic Caucus an extremely ognized the Minority Leader, who meritorious resolution was unani- sent to the desk the resolution of mously adopted commending the Hon- thanks to the Speaker of the orable John W. McCormack, of the House. The Minority Leader then State of Massachusetts, for his participation in last November’s campaign. delivered to the House remarks in This resolution was offered by our praise of the Speaker, at the con- distinguished majority leader, the gen- clusion of which the Speaker pro tleman from Oklahoma (Mr. Albert), tempore stated, ‘‘The question is and I wholeheartedly subscribe to the on the resolution.’’ The resolution resolution which is as follows: having been unanimously agreed RESOLUTION BY REPRESENTATIVE to, the Speaker pro tempore recog- CARL ALBERT, DEMOCRATIC CAU- nized the Speaker, who responded CUS, NOVEMBER 18, 1970 to the resolution. . . . Whereas the Speaker elevated [the] campaign to a higher plane by fo- Tribute to Speaker for Cam- cusing on valid issues, promoting ra- paign Efforts tional debate, maintaining a demeanor fitting of high public office, and dis- § 3.18 In the 91st Congress, the daining divisive and inflammatory Chairman of the Democratic rhetoric; and Caucus inserted in the Con- . . . Whereas his efforts in the late days of the campaign, and the cata- gressional Record the text of lyzing effect of his statements on the a resolution adopted by the issues were resoundingly [successful] caucus expressing gratitude . . . Be it therefore

6. 110 CONG. REC. 24058, 24059, 88th 7. 116 CONG. REC. 37821, 37822, 91st Cong. 2d Sess. Cong. 2d Sess.

159 Ch. 3 § 3 DESCHLER’S PRECEDENTS

Resolved, That this Democratic Cau- § 4. Adoption of Rules; Re- cus express its unanimous gratitude to Speaker John W. McCormack for his cent Changes leadership and guidance during the [Note: Later versions of the cau- election period just completed. . . . cus rules will be discussed in sup- Expressions of Praise or Rec- plements to this edition as they ognition appear.] The party caucus or conference § 3.19 On special occasions, the adopts rules that govern its pro- caucus or conference chair- ceedings.(10) The Republicans have man has made appropriate in the past adopted as the rules remarks of felicitation or for the conference the rules of the recognition. preceding Congress so far as applicable and except as modified.(11) On many occasions, the caucus Democratic Caucus rules adopted or conference chairman has been at the commencement of each among those offering expressions Congress have, with few excep- of felicitation or recognition. Thus, tions, remained substantially un- during proceedings relating to a changed for a period of many resolution offered in the 91st Con- years. The earlier caucus rules are gress commending Speaker John set forth elsewhere,(12) and a more W. McCormack, of Massachusetts, recent, though substantially simi- on his length of service as Speak- lar, version was inserted in the ( ) er, the conference chairman, John Record of the 92d Congress. 13 B. Anderson, of Illinois, was Only the significant changes in (14) among those speaking in recogni- the rules will be noted here. tion of the Speaker’s record of 10. See 8 Cannon’s Precedents §§ 3603, service.(8) 3604a, 3609, and 3610. Similarly, the chairman has an- 11. 8 Cannon’s Precedents § 3610. See nounced birthdays and the like, also Riddick, Floyd M., Congres- sional Procedure, Chapman and extending appropriate felicita- Grimes (Boston, 1941), p. 32. tions.(9) 12. See 8 Cannon’s Precedents § 3609. 13. 117 CONG. REC. 434, 92d Cong. 1st 8. 116 CONG. REC. 17023, 91st Cong. 2d Sess., Jan. 25, 1971. Sess., May 26, 1970. 14. Further discussion of the caucus 9. See, for example, 112 CONG. REC. rules as they relate to specific sub- 15706, 89th Cong. 2d Sess., July 14, jects is to be found in the sections 1966 (birthday of party floor leader). that deal with such subjects. See, for

160 PARTY ORGANIZATION Ch. 3 § 5

Some changes have taken place cussion only, but no motion of any kind, except a motion to adjourn, shall in the caucus rules with respect to be in order at such continued meeting. time and place of meeting and the Finally, with respect to persons agenda. Former rule 3 (15) pro- permitted to attend meetings of vided simply that ‘‘Meetings of the the caucus, the former rule 10 (18) Democratic Caucus may be called prohibited all but certain persons by the Chairman upon his own from attending meetings. The motion, and shall be called by him present rule 10 (19) gives to the whenever requested in writing by caucus chairman some authority 25 members of the caucus.’’ to admit persons to meetings. The present rule (16) specifies in some detail the conditions under which meetings will be held and § 5. Time and Place of the matters that will form the Meetings agenda. ( ) Present rule 4 provides, as did A caucus rule, quoted above, 1 the former rule 4, that ‘‘A quorum contains detailed provisions as to of the Caucus shall consist of a when caucus meetings may or must be held. majority of the Democratic Mem- The Hall of the House may be bers of the House.’’ Additional lan- used for caucus meetings. A rule guage in the present rule 4, however, sets forth specific limits on 18. 8 Cannon’s Precedents § 3609. the business that may be trans- 19. Democratic Caucus Rules (July 20, acted in the absence of a quorum. 1971), quoted in § 3, supra. (17) Note: An addendum to the caucus The rule states: rules as adopted in 1973 set forth 4. . . . If the absence of a quorum is certain procedures to be followed established, the chairman may con- when it was proposed that a bill be tinue the meeting for purposes of dis- considered in the House pursuant to a closed rule. The procedures to be example, § 9, infra, for discussion of followed in such circumstances were election of Members to committees; designed primarily to afford the cau- and § 10, infra, for discussion of in- cus an opportunity to decide whether stances in which party members will the bill should be open to particular amendments. Some discussion of the be considered bound by vote of the operation of this provision can be caucus. found in Ch. 21, infra, of this edition. 15. 8 Cannon’s Precedents § 3609. Further discussion will be found in 16. Rule 3, Democratic Caucus Rules this chapter in supplements to this (July 20, 1971), quoted in § 3, supra. edition as they appear. 17. Rule 4, Democratic Caucus Rules 1. Rule 3, Democratic Caucus Rules (July 20, 1971). (July 20, 1971), quoted in § 3, supra.

161 Ch. 3 § 5 DESCHLER’S PRECEDENTS of the House (2) provides that, with and even by the Speaker of the certain exceptions, ‘‘The Hall of House.(6) the House shall be used only for The demands of business in the the legislative business of the House may prevent the scheduling House and for the caucus meet- of meetings at the times desired ings of its Members. . . .’’ by the party leaders. On one occa- Notice of caucus or conference sion, the Minority Leader asked meetings may be by letter from that the House take a recess so the caucus or conference chair- that a meeting of the Republican man.(3) Notice of the meeting at Conference could take place; the which the caucus or conference or- Speaker declined to entertain the ganizes for a new Congress is request.(7) given by the chairman of the caucus or conference of the preceding (4) Congress. Announcement by Caucus Although the caucus or con- Chairman ference chairman is the officer generally responsible for calling § 5.1 On occasion, the caucus and announcing caucus or con- chairman has made an an- ference meetings, other party nouncement in the House re- leaders have on occasion taken specting a caucus meeting to the initiative in this regard. Thus, be held. announcements respecting such meetings have been made in the On Jan. 12, 1937,(8) the Demo- House by the party floor leaders (5) cratic Caucus Chairman, Robert L. Doughton, of North Carolina, 2. Rule XXXI. See § 5.3, infra, for an announcement of a meeting to be announced: held in the Hall of the House. MR. DOUGHTON: Mr. Speaker, I have 3. See Cannon’s Procedure, H. Doc. No. asked for this time to inform the ma- 122, 86th Cong. 1st Sess. (1959), p. 187. For discussion of the more recent 4. Id. procedures used in calling organiza- 5. See §§ 5.3 (Majority Leader), 5.4 and tional meetings of the caucus prior to 5.5 (Minority Leader), infra. For an the convening of a new Congress, see occasion on which the Minority supplements to this edition as they Leader, without calling a conference appear. meeting, asked on the floor of the 6. See § 5.2, infra. House for an informal indication of 7. See § 5.5. infra. Republican sentiment on particular 8. 81 CONG. REC. 190, 75th Cong. 1st legislation, see § 19.2, infra. Sess.

162 PARTY ORGANIZATION Ch. 3 § 5

jority Members of the House that there in the House that the Demo- will be a Democratic Caucus at 10:30 cratic Caucus would meet to o’clock tomorrow morning to hear a report of the majority Committee on elect Members to the Com- Committees. mittee on Ways and Means. [Note: For discussion of proce- Announcement by Speaker dures recently adopted with respect to announcement of organi- § 5.2 The Speaker announced zational meetings of the caucus to the House the calling of a prior to the convening of a new Democratic Caucus to fill a Congress, see supplements to this vacancy on the Committee edition as they appear.] on Ways and Means. On July 30, 1968,(11) the following proceedings took place: On July 23, 1968,(9) a Member’s letter of resignation from the MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I ask unanimous consent Committee on Ways and Means to address the House for one minute having been laid before the and to revise and extend my remarks. ( ) House, 10 Speaker John W. THE SPEAKER: Is there objection to McCormack, of Massachusetts, the request of the gentleman from announced from the floor: Oklahoma? There was no objection. Mr. Speaker, I want to announce MR. ALBERT: Mr. Speaker, I take publicly that there will be a Demo- this time to advise the Democratic cratic Caucus on Friday morning at 10 Members that a caucus of the Demo- o’clock for the purpose of filling a va- cratic Members of the House is called cancy that exists on the Ways and to meet in the Hall of the House of Means Committee by reason of the res- Representatives on Thursday, August ignation of the gentleman from Florida 1, 1968, at 10 a.m., for the purpose of electing Members to the Ways and [Mr. Herlong], whose resignation has Means Committee. been accepted today. I want to make this announcement for the benefit of § 5.4 The Minority Leader my Democratic colleagues, so we can have as democratic a caucus as pos- made an announcement in sible. the House concerning a meeting of the Republican Announcement by Floor Leader Conference. (12) § 5.3 In the 90th Congress, the On Jan. 13, 1937, the Minor- ity Leader, Bertrand H. Snell, of Majority Leader announced New York, announced as follows:

9. 114 CONG. REC. 22800, 90th Cong. 11. 114 CONG. REC. 24269, 90th Cong. 2d Sess. 2d Sess. 10. See 114 CONG. REC. 22795, 90th 12. 81 CONG. REC. 201, 75th Cong. 1st Cong. 2d Sess., July 23, 1968. Sess.

163 Ch. 3 § 5 DESCHLER’S PRECEDENTS

MR. SNELL: Mr. Speaker, there will these various bills are being read for be a meeting of the . . . Committee on amendment. Because of the tremen- Committees . . . and there will be a dous importance of the situation in the Republican Conference in this Hall at world today, I should like to submit [the] request. . . . 10 o’clock tomorrow morning. THE SPEAKER: The gentleman from Massachusetts poses a very hard ques- § 5.5 The Speaker having de- tion for the Chair. For the moment the clined to entertain a request Chair thinks he will not entertain the of the Minority Leader that request. the House take a two-hour Subsequently,(14) Mr. Martin recess for a Republican Con- made the following remarks: ference, the Minority Leader . . . I should like to make one more subsequently announced a statement: The Members will recall that I was hopeful we might have a re- meeting of the Republican cess for two hours in order that we Members to take place fol- could have a Republican Conference in lowing adjournment. which we could discuss these latest developments. That request was not On Apr. 11, 1951,(13) the fol- granted. May I say, however, that I lowing proceedings took place: think the Speaker acted wholely within his province when he did not entertain MR. [JOSEPH W.] MARTIN [Jr.] of that request, I know it was neither Massachusetts: I inquire if the Speaker personal or partisan because I can un- would agree that the House would take derstand how it might lead to abuses. I am not finding any fault, but I am a recess of two hours. I make this re- giving notice that following the ad- quest because of the tragic situation journment of the House today there that prevails in the world. I should will be a meeting of the Republican like, if I could, to have a Republican Members of the House in this Cham- conference. . ber.(15) THE SPEAKER [Sam Rayburn, of Texas]: The Chair will say that that is a very unusual request. . . . § 6. Specific Functions— . . . [T]here is an amendment coming up to the bill that the Chair thinks Selection of Leaders will take some hours, in all probability. The caucus and conference orga- MR. MARTIN: The Chair understands that in accordance with his policies nize at the beginning of a Con- and the policies I have previously agreed with, too, we desire all our 14. 97 CONG. REC. 3676, 82d Cong. 1st Sess., Apr. 11, 1951. membership to be on the floor when 15. For an occasion on which the Minor- ity Leader, without calling a con- 13. 97 CONG. REC. 3673, 82d Cong. 1st ference meeting, asked on the floor Sess., considering the 1951 amend- of the House for an informal indica- ments to the Universal Military tion of Republican sentiment on par- Training and Service Act. ticular legislation, see § 19.2, infra.

164 PARTY ORGANIZATION Ch. 3 § 6 gress (16) electing their respective The Republican Conference se- chairmen (17) and attending to pre- lects its party whip.(1) liminary business. A Democratic Caucus rule (2) An important function of the provides that, ‘‘In the Election of caucus or conference early in the Officers and in the Nomination of Congress is to select the party’s Candidates for Office in the candidate for Speaker.(18) Each House, the Majority of Those party then selects its floor lead- Present and Voting Shall Bind the er;(19) customarily, it is understood Membership of the Caucus.’’ that the minority party’s candidate for Speaker will become Minority Leader upon the election Selection of Candidate for of the other party’s candidate for Speaker Speaker.(20) § 6.1 Prior to the beginning of 16. 8 Cannon’s Precedents §§ 3602– a Congress, the Democratic 3604a. For discussion of procedures Caucus and the Republican recently adopted with respect to call- Conference select their re- ing meetings of the caucus for orga- spective candidates for nizational purposes prior to the convening of a new Congress, see sup- Speaker. plements to this edition as they ap- In the 92d Congress,(3) as in pear. prior Congresses,(4) the Clerk 17. See 8 Cannon’s Precedents §§ 3603, 3604a; and Cannon’s Procedure, H. sional Procedure, Chapman and Doc. No. 122, 86th Cong. 1st Sess. Grimes (Boston, 1941), p. 34. (1959), p. 187. See also Riddick, 1. See § 6.6, infra. The Democratic whip Floyd M., Congressional Procedure, is appointed by the Democratic floor Chapman and Grimes (Boston, leader (See § 23, infra). 1941), p. 32. 2. Rule 6, Democratic Caucus Rules 18. See §§ 6.1–6.3, infra. (July 20, 1971). If a Speaker dies in office, the cau- See also Ripley, Randall B., Party cus and conference nominate can- Leaders in the House of Representa- didates for the vacant office. See tives, The Brookings Institution § 3.2, supra. (Washington, D.C., 1967), pp. 58–61, 19. See § 6.4, infra. 64, 72, and 76 (functions of party 20. See Congressional Quarterly’s Guide caucuses and committees). to the Congress of the United States, 3. 117 CONG. REC. 10, 92d Cong. 1st Congressional Quarterly Service Sess., Jan. 21, 1971. (Washington, D.C., 1971), p. 140 4. For further examples of announce- (discussion of Minority Leader). See ments made by caucus and con- also, Riddick, Floyd M., Congres- ference chairmen in prior Congresses

165 Ch. 3 § 6 DESCHLER’S PRECEDENTS called on the first day of the Con- ference select their respec- gress for nominations for Speaker; tive candidates for Speaker, the chairmen of the caucus and and the names of the can- conference then presented to the didates are presented to the House the names of the persons House as at the beginning of nominated by a Congress. THE CLERK: The next order of busi- Speaker Sam Rayburn, of ness is the election of a Speaker of the House of Representatives for the 92nd Texas, died prior to the second Congress. Nominations are now in session of the 87th Congress. Pro- order. ceedings in the second session for MR. [OLIN E.] TEAGUE of Texas: Mr. selection of a new Speaker are set Clerk, as Chairman of the Democratic forth in 3.2, supra. Caucus, I am directed by the unanimous vote of that caucus to present for Parliamentarian’s Note: In the election to the office of the Speaker of case of the Speaker’s absence, the the House of Representatives of the Chair may be assumed by one 92nd Congress the name of the Honor- who has been designated Speaker able Carl Albert, a Representative- pro tempore by the Speaker.(5) In elect from the State of Oklahoma. a case where the Speaker was to MR. [JOHN B.] ANDERSON of Illinois: Mr. Clerk, as Chairman of the Repub- be absent for an uncertain length lican Conference and by authority, by of time, the Chairman of the direction, and by unanimous vote of Democratic Caucus, having been the Republican Conference, I nominate requested to do so by the Speaker, for Speaker of the House of Represent- atives the Honorable Gerald R. Ford, a offered in the House a resolution Representative-elect from the State of electing the Majority Leader as Michigan. Speaker pro tempore.(6) THE CLERK: . . . are there further nominations? (After a pause.) There Third-Party Candidate for being no further nominations, the Speaker Clerk will appoint tellers. § 6.3 A third party may orga- Role in Filling Vacancy in Of- nize as a conference and fice name its candidate for § 6.2 Upon the death of a Speaker, and the chairman Speaker, the caucus and con- of such conference announces to the House his respecting the selection of candidates for Speaker, see §§ 3.1–3.3, supra. 5. See Ch. 6, infra. the respective parties. The pro- 6. See the proceedings set forth in § 3.4, ceedings were as follows: supra.

166 PARTY ORGANIZATION Ch. 3 § 6

party’s candidate for the from New York, Mr. Bertrand H. Snell, has been selected as minority leader of Speakership. this House. [Applause] In the 75th Congress, the chair- MR. [GARDNER R.] WITHROW [of Wis- consin]: Mr. Speaker, I announce to man of the Farmer-Labor-Progres- the House that the Farmer-Labor-Pro- sive party’s conference, Gardner gressive Party’s Conference by unani- R. Withrow, of Wisconsin, pre- mous consent selected Hon. Gerald J. Boileau, of Wisconsin, as floor leader sented to the House the name of for the Seventy-fifth Congress. [Ap- his party’s candidate for Speaker, plause] ( ) George J. Schneider. 7 In the 92d Congress,(9) the announcements were as follows: Election of Floor Leader MR. [OLIN E.] TEAGUE of Texas: Mr. Speaker, as chairman of the Demo- § 6.4 The caucus and con- cratic caucus, I have been directed to ference elect their respective report to the House that the Demo- party floor leaders. cratic Members have selected unanimously as majority leader the gen- At the beginning of each Con- tleman from Louisiana, the Honorable gress, the caucus and conference Hale Boggs. MR. [JOHN B.] ANDERSON of Illinois: chairmen announce the election Mr. Speaker, as Chairman of the Re- by their respective parties of the publican Conference, I am directed by floor leaders. Thus, in the 75th that conference to officially notify the ( ) House that the gentleman from Michi- Congress, 8 the following an- gan, the Honorable Gerald R. Ford, nouncements were made: has been unanimously selected as the minority leader of the House.(10) MR. [ROBERT L.] DOUGHTON [of North Carolina]: Mr. Speaker, the § 6.5 When a vacancy occurs in Democratic Caucus at a meeting yes- the office of floor leader, the terday elected Hon. Sam Rayburn, of caucus or conference elects a Texas, as floor leader of the Seventy- fifth Congress. [Applause] new floor leader, whose MR. [ROY O.] WOODRUFF [of Michi- name is presented to the gan]: Mr. Speaker, I take this oppor- House in the usual manner. tunity to announce that by the author- On Jan. 10, 1962,(11) the Chair- ity and direction of the Republican man of the Democratic Caucus an- Conference the honorable gentleman 9. 117 CONG. REC. 13, 92d Cong. 1st 7. See the proceedings set forth in § 3.3, Sess., Jan. 21, 1971. supra. For references relating to 10. Substantially the same proceedings third parties generally, see § 2, have taken place in other Con- supra. gresses. See § 3.5, supra. 8. 81 CONG. REC. 15, 75th Cong. 1st 11. 108 CONG. REC. 5, 87th Cong. 2d Sess., Jan. 5, 1937. Sess.

167 Ch. 3 § 6 DESCHLER’S PRECEDENTS nounced the selection of Carl Al- some authorities (14) to a practice, bert, of Oklahoma, as Majority at least at one time, whereby the Leader, to replace John W. Republican party’s Committee on McCormack, of Massachusetts, Committees would recommend to who had been elevated to the the Republican Conference the Speakership after the death of name of the person to be des- Speaker Rayburn. The announce- ignated Republican whip. The role ment was made as follows: of the Committee on Committees MR. [FRANCIS E.] WALTER [of Penn- was reflected, for example, in the sylvania]: Mr. Speaker, as Chairman of announcement by Mr. Charles A. the Democratic Caucus I am directed Halleck, of Indiana, in the 83d to report to the House that the Demo- Congress: (15) cratic Members have selected as Ma- jority Leader the gentleman from MR. HALLECK: Mr. Speaker, on be- Oklahoma, the Honorable Carl Albert. half of the Committee on Committees, I hereby wish to announce the selec- Selection of Republican Whip tion of Hon. Leslie C. Arends, of Illi- nois, as majority whip. § 6.6 The members of the Re- In other announcements, ref- ( ) publican 12 Conference se- erence has been made to the ‘‘ap- lect their party whip.(13) proval’’ by the Republican Con- Announcements traditionally ference of the Republican whip. In made in the House with respect to the 88th Congress,(16) for example, the selection of the Republican the conference chairman an- whip have generally indicated nounced as follows: that such selection is made by the MR. [GERALD R.] FORD [of Michigan]: party members in their con- Mr. Speaker, as the chairman of the ference. There is reference in Republican Conference, it is my privilege to report to the House that the 12. The Democratic whip is appointed by Republican conference has unani- the Democratic floor leader. See § 23, mously approved the gentleman from infra. Illinois [Mr. Arends] as minority 13. See, in addition to the discussion in whip.... this section, 8 Cannon’s Precedents § 3615, in which Mr. Guy U. Hardy, 14. See Riddick, Floyd M., Congressional of Colorado, is quoted as remarking, Procedure, Chapman and Grimes (69 CONG. REC. 8439, 1st Sess. 70th (Boston, 1941), pp. 36, 37. Cong., May 11, 1928), ‘‘The Repub- 15. 99 CONG. REC. 134, 83d Cong. 1st lican Whip was formerly appointed Sess., Jan. 6, 1953. by the Speaker, but is now chosen by 16. 109 CONG. REC. 506, 88th Cong. 1st the party caucus.’’ Sess., Jan. 17, 1963.

168 PARTY ORGANIZATION Ch. 3 § 7

In the 82d Congress,(17) Joseph shall chuse their Speaker (1) and W. Martin, Jr., the Minority Lead- other Officers.’’ Officers include er, announced: the Clerk, Sergeant at Arms, Mr. Speaker, I would like to an- Doorkeeper, Postmaster, and (2) nounce to the House that the gen- Chaplain, no one of whom has tleman from Illinois, Mr. Leslie C. ever been chosen from the sitting Arends, has been elected Republican Membership of the House, and whip. who continue in office until their More recent announcements have successors are chosen and quali- been as follows: fied,(3) in one case continuing

MR. [JOHN B.] ANDERSON of Illinois: through the entire Congress suc- Mr. Speaker, as Chairman of the Re- ceeding that in which they were publican Conference, I am directed by elected.(4) that conference to notify the House of- In practice, each party in its ficially that the Republican Members caucus or conference selects its have selected as minority whip the candidates for election to the gentleman from Illinois, the Honorable Leslie C. Arends.(18) posts of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and And in the 90th Congress: Chaplain. The names of the per- Mr. [Melvin R.] Laird [of Wisconsin]: sons selected as candidates are Mr. Speaker, as Chairman of the Re- then presented to the House in publican Conference, I am directed by the form of a resolution, usually that conference to notify the House of- offered by the caucus or con- ficially that the Republican Members (5) have selected as minority whip the ference chairman. gentleman from Illinois, the Honorable It is customary for both parties Leslie C. Arends.(19) to present their respective can-

1. As to selection by the caucus and conference of candidates for Speaker, § 7. —Nomination of see § 6, supra. House Officers 2. 1 Hinds’ Precedents § 187. 3. Id. ( ) The Constitution 20 states that, 4. 1 Hinds’ Precedents §§ 244, 263. An ‘‘The House of Representatives amendment to the Legislative Reor- ganization Act of 1946 was enacted 17. 97 CONG. REC. 40, 82d Cong. 1st by the 83d Congress (2 USC § 75a–1) Sess., Jan. 4, 1951. authorizing temporary appointments 18. 115 CONG. REC. 34, 91st Cong. 1st by the Speaker to fill vacancies in Sess., Jan. 3, 1969. the offices of Clerk, Sergeant at 19. 113 CONG. REC. 27, 90th Cong. 1st Arms, Doorkeeper, Postmaster, or Sess., Jan. 10, 1967. Chaplain. 20. U.S. Const. art. I, § 2. 5. See § 3.9, supra.

169 Ch. 3 § 7 DESCHLER’S PRECEDENTS didates for House offices, the mi- On Jan. 3, 1969,(9) the Chair- nority party candidates being pre- man of the Democratic Caucus of- sented in the form of a substitute fered a resolution naming selec- amendment to the resolution of- tions for Clerk of the House, Ser- fered by the chairman of the ma- geant at Arms, Doorkeeper, Post- (6) jority caucus. There have been master, and Chaplain. The Chair- exceptions, however; in the 89th man of the Republican Conference Congress,(7) no substitute amendment was offered, and the resolu- asked for a division on the question offered by the caucus chair- tion on the resolution so as to man pertaining to the election of have a separate vote on the office the House officers was imme- of Chaplain; that portion of the diately agreed to. resolution providing for the elec- A Democratic Caucus rule (8) tion of Chaplain was then agreed provides that, ‘‘In the Election of to. The Chairman of the Repub- Officers and in the Nomination of lican Conference then offered a Candidates for Office in the substitute amendment to the re- House, a Majority of Those mainder of the resolution, naming Present and Voting Shall Bind the different persons to the posts; the Membership, of the Caucus.’’ substitute amendment was re- (10) jected, the original agreed to.

Nomination Procedure § 8. —Creation of Party § 7.1 The names of the majority party’s candidates for Committees House offices are presented The main party organizations in to the House by resolution, the House, the caucus and the and a substitute resolution is conference, have from time to usually offered by the minor- time delegated some of their func- ity party naming that party’s tions to smaller party committees. candidates for the offices. Generally, the creation of, and the 6. The proceedings relating to the elec- determination of membership on, tion of House officers are discussed such specialized committees are in in detail in § 3.9, supra. See also Ch. large measure functions of the 6. caucus or conference. 7. 111 CONG. REC. 20, 89th Cong. 1st Sess., Jan. 4, 1965. 9. 115 CONG. REC. 34, 91st Cong. 1st 8. Rule 6, Democratic Caucus Rules Sess. (July 20, 1971). 10. See also § 3.9, supra.

170 PARTY ORGANIZATION Ch. 3 § 8

A Republican Committee on caucus, by secret ballot, has elect- Committees consisting of one ed the Democratic members of the Member from each state having Committee on Ways and Republican representation in the Means.(17) House was created in 1919 by res- A Steering Committee was cre- olution of the conference.(11) The ated in 1933 by the Democratic Republican Committee on Com- Caucus.(18) mittees is largely responsible for The responsibilities of the assigning Republican Members of Steering Committee lay mainly in the House to House commit- the area of ascertaining and con- tees.(12) Members of the Repub- solidating party sentiment with lican Committee on Committees respect to particular legislation, are selected by the Republican and assisting in the development delegations in the House from the of party policy and floor strat- several states,(13) subject to the egy.(19) In order to provide a geo- approval of the conference.(14) graphical basis of representation The Democratic Caucus has also on the Steering Committee, the delegated to a Committee on Com- caucus in 1933 authorized the di- mittees the responsibility for as- vision of the United States into signing party members to House geographical regions, each mem- committees, such assignments ber of the Steering Committee to being subject to caucus ap- be elected by the Democratic proval.(15) In past Congresses, Members of the House from the Democratic members of the Com- several states comprising a par- mittee on Ways and Means have ticular region.(20) served as the Committee on Com- In 1919, the Republican Con- mittees for their party (16) and the ference created a Steering Com- mittee, the members of which 11. See 8 Cannon’s Precedents § 3616. were to be nominated by the Com- 12. See § 11, infra, for further discussion of the party Committee on Commit- 17. See § 9.1, infra. tees. 18. 8 Cannon’s Precedents § 3622. 13. See 8 Cannon’s Precedents § 3616. 19. See § 13, infra, for more detailed dis- 14. See Riddick, Floyd M., Congressional cussion of the party Steering Com- Procedure, Chapman and Grimes mittee. For discussion of recent (Boston, 1941), p. 36. changes leading to development of 15. See 8 Cannon’s Precedents § 3617. the present Steering and Policy 16. See § 11, infra, for further discussion Committee, see supplements to this of the party Committee on Commit- edition as they appear. tees. 20. See 8 Cannon’s Precedents § 3622.

171 Ch. 3 § 8 DESCHLER’S PRECEDENTS mittee on Committees and elected chairmen,(7) and election by the by the conference.(1) Now known House of Members to fill vacan- as the Policy Committee, the com- cies in standing committees.(8) mittee advises the Republican In practice, the political parties leadership on matters of party decide as to assignments of their policy and strategy.(2) respective party members to Other committees that have House committees, and resolu- been created by, and derive their tions providing for such elections authority from, the party caucus are presented in the House by the majority and minority parties as or conference include patronage soon as they are able to perfect committees,(3) political campaign their lists. The practice is indi- (4) committees, and research com- cated in the following exchange (5) mittees. from the Record of the 92d Con- gress: (9)

MR. GERALD R. FORD [of Michigan]: § 9. —Assigning Members Is it correct that the resolution pres- to House Committees ently before the House is a resolution offered on behalf of the Democratic The House rules provide for caucus? The resolution is the recommendations for committee assign- election by the House of the ment on the Democratic side. (6) standing committees, their THE SPEAKER: (10) The gentleman is correct. 1. See 8 Cannon’s Precedents § 3621. MR. FORD: Is it the procedure to be 2. See Congressional Quarterly’s Guide followed that subsequently a com- to the Congress of the United States, Congressional Quarterly Service minority party members’ committee (Washington, D.C., 1971), pp. 142, assignments (see discussion in 8 604. Cannon’s Precedents § 2172 [quoted 3. § 14, infra. remarks of Joseph G. Cannon]). For 4. § 16, infra. further discussion comparing the 5. § 12, infra. former with the present practice, see 6. Rule X clause 1, House Rules and Riddick, Floyd M., Congressional Manual § 669 (1973). A former Procedure, Chapman and Grimes version of Rule X provided that un- (Boston, 1941), pp. 35, 36. less otherwise specially ordered by 7. Rule X clause 4, House Rules and the House the Speaker should ap- Manual § 672 (1973). point the standing committees (see 4 8. Rule X clause 5, House Rules and Hinds’ Precedents § 4448); the Manual § 673 (1973). Speaker in practice usually, but not 9. 117 CONG. REC. 1710, 1711, 92d always, accepted the Minority Lead- Cong. 1st Sess., Feb. 4, 1971. er’s recommendations with respect to 10. John W. McCormack (Mass.).

172 PARTY ORGANIZATION Ch. 3 § 9

parable resolution will be offered rep- stated to be the sense of the resenting the views of the Republican Democratic Caucus that no Mem- conference? ber should be a member of more THE SPEAKER: The gentleman is correct. than two committees with legislative jurisdiction. Another provi- The lists presented by the par- sion in the addendum (16) stated ties indicate not only the member- that recommendations by the ship but also the ranking of the Committee on Committees as to Members on the House commit- nominees for chairmen and mem- (11) tees. bership of the committees ‘‘need The caucus and conference thus not necessarily follow seniority.’’ play a major role in determining In similar fashion, the ratio be- assignments to House committees. tween the majority and minority ( ) Each party has created 12 a com- parties on the standing commit- ( ) mittee on committees, 13 which is tees, which varies with the respec- charged with the responsibility of tive membership of the parties in nominating party members for po- the House, may be in large meas- sitions on House committees. The ure determined by the caucus. An caucus or conference elects or ap- addendum to the caucus rules of ( ) proves 14 the membership of the 1971 (17) stated the following to be party’s committee on committees. the sense of the caucus: In addition to having created Committee ratios should be estab- the committee on committees and lished to create firm working majori- selecting or approving the mem- ties on each committee. In determining bership thereof, the caucus or con- the ratio on the respective standing ference may formulate rules or committees, the Speaker should pro- guidelines affecting the composi- vide for a minimum of three Democrats for each two Republicans. On those tion of House committees. For ex- committees on which the Resident ample, in an addendum to the Commissioner of Puerto Rico serves, ( ) caucus rules of 1971, 15 it was said Commissioner shall be considered, in the 92nd Congress, as a Member of 11. For further discussion of procedures the minority and the Democratic mem- for electing House committees, see Ch. 17, infra. discussion of later versions of the 12. See § 8, supra. caucus rules, see supplements to this 13. For a general description of the com- edition as they appear. mittee on committees, see § 11, infra. 16. Democratic Caucus Rules (July 20, 14. See § 9.1, infra. 1971), addendum, paragraph 5. 15. Democratic Caucus Rules (July 20, 17. Democratic Caucus Rules (July 20, 1971), addendum, paragraph 3. For 1971), addendum, paragraph 10.

173 Ch. 3 § 9 DESCHLER’S PRECEDENTS

bership should be increased accord- made and properly supported, shall be ingly.(18) debated for no more than 40 minutes Finally, the assignments made with the time equally divided between proponents and opponents. If the cau- by the party Committee on Com- cus and the Committee on Committees mittees are subject to caucus or be in disagreement after completion of ( ) conference approval. 19 the procedure herein provided, the cau- An addendum to the caucus cus may make final and complete dis- rules of 1971 (20) stated that, ‘‘The position of the matter. Committee on Committees shall [Note: For discussion of the cur- recommend to the caucus nomi- rent version of this provision, see nees for chairmen and member- supplements to this edition as ship of each committee and such they appear.] recommendation need not nec- The Republican Conference has essarily follow seniority.’’ It was similarly adopted procedures stated further: (1) whereby certain recommendations The Committee on Committees shall of the Republican Committee on make recommendations to the caucus, one committee at a time. Upon a de- Committees are submitted to a ( ) mand supported by 10 or more Mem- vote in the conference. 2 bers, a separate vote shall be had on The list of committee assign- any committee chairman or any mem- ments presented by each party to ber of the committee. If any such motion prevails, the committee list of that the House in the form of a resolu- particular committee shall be consid- tion has generally been routinely ered recommitted to the Committee on approved by the whole House. But Committees. Further, such demand, if in the 92d Congress, a challenge 18. For further discussion of the deter- was made to the tradition where- mination of the ratio between the by each party, rather than the majority and minority parties on whole House, assumes primary re- standing committees, see 8 Cannon’s sponsibility for determining as- Precedents §§ 2186, 2187. Rule X signments of members of that clause 1, of the House Rules indi- party to House committees. Dis- cates the total number of Members satisfied with one committee to be elected to each standing committee. chairmanship as determined by 19. For more detailed discussion of such the majority caucus, certain mem- approval, see § 9.2, infra. bers of the majority party at- 20. Democratic Caucus Rules (July 20, tempted to present the issue of 1971), addendum, paragraph 5. that chairmanship for determina- 1. Democratic Caucus Rules (July 20, 1971), addendum, paragraph 6. 2. See § 9.2, infra.

174 PARTY ORGANIZATION Ch. 3 § 9 tion by both majority and minor- assignments specifically reserved ity party members. The House de- for their group. The arguments of clined to depart from tradition, the Farmer-Labor-Progressive however, and the resolution nam- group did not prevail, and the ing members of the majority party House adopted the resolution as- to positions on House committees signing Democrats and the third was adopted without change.(3) party members to committees.(5) The presence of third parties in It is worth noting here that the the House may complicate proce- power of each party to determine dures for determining committee committee assignments and rank ratios and making committee as- of Members on committees is signments. In the 75th Con- sometimes the instrument by gress,(4) for example, members of which party discipline is main- the Farmer-Labor and Progressive tained and party members ‘‘pun- parties sparked a debate in the ished’’ for actions considered dis- House over procedures by which loyal to the party.(6) Factors other committee assignments should be than party loyalty, however, enter allotted to third parties. The more frequently into the deter- Farmer-Labor-Progressive group mination of Members’ committee were critical of the procedure assignments; such factors include whereby members of that group length of service in the House, had been given their committee geographical considerations, and assignments from the quota for the desires of the individual Mem- the Democratic majority and had ber himself.(7) been nominated for committee membership in the resolution naming Democratic Members to Election by Caucus of Com- committees. Members of the mittee on Committees Farmer-Labor-Progressive group contended that their committee § 9.1 Democratic members of assignments should either have the Committee on Ways and been taken out of the quota set Means, who serve as their aside for minority Members of the party’s Committee on Com- House, or awarded from a bloc of 5. See § 9.4, infra. 3. See § 9.3, infra. 6. See § 9.5, infra. 4. For a detailed discussion of the pro- 7. For further discussion of committees ceedings described here, see § 9.4, and committee assignments, see Ch. infra. 17, infra.

175 Ch. 3 § 9 DESCHLER’S PRECEDENTS

mittees (8) are elected in the have referred to caucus meetings party caucus by secret ballot. to be held for purposes of electing [Note: The following is descrip- members of the Committee on tive of the practice that has been Ways and Means. See § 5.3, supra. in effect in some Congresses. For discussion of current practice in Approval of Committee Assign- which the function of determining ments committee assignments has been § 9.2 Nominations for assign- delegated to a different comments to standing commit- mittee, see supplements to this tees of the House are made edition as they appear.] by the party Committee on On Mar. 2, 1956,(9) a Member Committees and reported to addressed remarks to the House concerning a newspaper article the caucus or conference for that had charged Speaker Sam approval. Rayburn, of Texas, with exercising This practice is of long stand- influence over the selection of ing.(10) Thus, on Jan. 14, 1965,(11) members of the Committee on Majority Leader Carl Albert, of Ways and Means for the purpose Oklahoma, announced a caucus of excluding from that committee meeting ‘‘for the purpose of agree- any Member who might be op- ing to recommendations of the posed to certain tax benefits en- Democratic Committee on Com- joyed by the oil industry. At the mittees in designating Democratic conclusion of the Member’s re- Members of the several commit- marks, the Speaker pro tempore, tees and their assignment there- John W. McCormack, of Massa- on.’’ chusetts, observed: The excerpts below, from a de- ( ) The Chair may make the personal bate 12 in the House over the pro- observation that members of the Ways cedures for making certain com- and Means Committee on the Demo- mittee assignments, indicate that cratic side are elected in caucus by se- the practice as now followed re- cret ballot. flects reforms recently adopted by Parliamentarian’s Note: An- nouncements made in the House 10. See 8 Cannon’s Precedents § 3617, discussing the practice of the Demo- 8. The Republican Committee on Com- cratic party. mittees is constituted somewhat dif- 11. 111 CONG. REC. 660, 89th Cong. 1st ferently. See § 8, supra. Sess. 9. 102 CONG. REC. 3839, 84th Cong. 2d 12. For more detailed discussion of the Sess. debate, see § 9.3, infra.

176 PARTY ORGANIZATION Ch. 3 § 9 both parties (13) with respect to the First, I wish to commend the minor- effect of seniority on committee ity leader for the statement he has assignments. made . . . During the debate, which cen- I would also point out that we, too, tered upon a certain committee had a task force, known as the Hansen chairmanship,(14) the following re- Committee. That committee worked marks were made by the Repub- hard and diligently . . . [t]hey came to a unanimous resolution on their rec- lican floor leader, Gerald R. Ford, ommendations, and those recom- of Michigan: mendations in turn were adopted by . . . Let me make another observa- the caucus. tion, Mr. Speaker. In 1970, the Repub- Just as the gentleman from Michi- lican Party took the initiative to make gan said that they had the right to some changes in the election of our vote on each of their ranking Members ranking Republican member, or the chairman, if we were in the majority. separately, so we had the same right Under the Conable task force, a great and did so on yesterday. deal of time and study resulted in a At a later point in the debate, Mr. procedure which we followed yester- ( ) day. Each of our ranking Members was Ford again stated: 17 voted on separately and secretly. The Mr. Speaker, if the gentleman will net result was that we chose responsible members for each committee to yield further, our Members will have be the ranking minority member. We voted for our nominees for ranking have made that decision on our side, members on each of the committees and we do not think you should come and we did it in our caucus or con- over and upset those decisions on our ference by a secret ballot with a sepa- side. And I do not think . . . that we rate vote in each case. should make any decision as far as your party caucus is concerned.(15) Parliamentarian’s Note: As pre- In response, the Majority Lead- viously noted in this section, the er, Hale Boggs, of Louisiana, Democratic Committee on Com- made the following remarks: (16) mittees has traditionally nominated Democratic party members 13. See the Parliamentarian’s note at for assignment to House commit- the end of this section. tees and reported such nomina- 14. In the caucus, ‘‘a majority decision tions to the caucus for ap- [had been made] to [accept] the com- (18) mittee chairman as recommended by proval. Pursuant to rec- the committee on committees.’’ (Re- ommendations of the Hansen marks of Mr. Boggs, 117 CONG. REC. Committee mentioned above in 1709, 92d Cong. 1st Sess., Feb. 4, the remarks of Mr. Boggs, the 1971.) 15. 117 CONG. REC. 1711, 92d Cong. 1st 17. 117 CONG. REC. 1712, 92d Cong. 1st Sess., Feb. 4, 1971. Sess., Feb. 4, 1971. 16. Id. 18. 8 Cannon’s Precedents § 3617.

177 Ch. 3 § 9 DESCHLER’S PRECEDENTS

Democrats provided in an adden- committees of the House, the se- dum to the caucus rules that, lection of members for specified ‘‘The Committee on Committees party positions, and the duty to shall recommend to the caucus report its action to a Republican nominees for chairman and mem- Conference. Pursuant to rec- bership of each committee and ommendations of a task force, the such recommendation need not Republican Committee on Com- necessarily follow seniority,’’ (19) mittees now names its choice, not and that the Committee on Com- necessarily on the basis of senior- mittees should make its rec- ity, for the ranking Republican ommendations ‘‘one committee at Member on each House com- a time.’’ (20) Provision was also mittee; the Republican Conference made for a separate vote, in cer- then votes, by secret ballot, on tain circumstances, on any com- each such nomination sepa- mittee chairman or member of a rately.(3) committee.’’ (1) The history of Republican proce- Refusal by House to Overrule dures for making committee as- Caucus signments has been similar in many respects to that of the § 9.3 In the 92d Congress, the Democratic party’s procedures. In House declined to depart 1919,(2) the Republican Con- from the procedure whereby ference defined the duties of the each party determines the Committee on Committees to in- assignments and rank of its clude the selection of the Repub- 3. See the remarks of Mr. Gerald R. lican members of the standing Ford, of Michigan, quoted in this section, supra. See also Congressional 19. Democratic Caucus Rules (July 20, Quarterly’s Guide to the Congress of 1971), addendum, paragraph 5. For the United States, Congressional discussion of a more recent version Quarterly Service (Washington, D.C., of this provision, including special 1971) p. 171, discussing the changes procedures for nominating members noted above in the use of seniority as of the Committee on Rules, see sup- a basis for determining committee plements to this edition as they ap- assignments. pear. For general discussion of proce- 20. Democratic Caucus Rules (July 20, dures by which party members are 1971), addendum, paragraph 6. assigned to House committees, see 1. See Democratic Caucus Rules (July Riddick, Floyd M., Congressional 20, 1971), addendum, paragraph 6. Procedure, Chapman and Grimes 2. See 8 Cannon’s Precedents § 3621. (Boston, 1941), DD. 35–37.

178 PARTY ORGANIZATION Ch. 3 § 9

members on standing com- vious question is sought in order to mittees of the House. permit that resolution to be open to amendment. ( ) In the 92d Congress, 4 a few If the previous question is voted Democratic Members opposed down, and the resolution is thereupon their party’s selection of Mr. John open for amendment, it would be my L. McMillan, of South Carolina, as intention to offer an amendment to the Chairman of the Committee on resolution appointing standing committee chairmen to delete the standing the District of Columbia. One of committee chairman of the House Dis- the Democratic Members, Mr. Je- trict of Columbia Committee. rome R. Waldie, of California, an- After the introduction of the nounced his intention to submit resolution assigning Democratic the issue of such committee as- Members to House committees, a signment to the whole House, debate took place in the House on thereby challenging the custom the issues raised by Mr. Waldie’s that committee assignments as action, as follows: determined by the respective parties will not be challenged in the MR. WALDIE: . . . [It is] my inten- House. The announcement was as tion to request the entire House to consider this proposal. I recognize that is follows: (5) a departure not from the rules of the MR. WALDIE: Mr. Speaker, at the ap- House, which are explicit that the en- propriate time in today’s proceedings a tire House of Representatives partici- resolution that encompasses the deci- pate in this decision, but from the cus- sions of the majority caucus with rela- tom of the House, which is that the tionship to chairmen of standing com- majority party in the enclaves of their mittees and members thereof will be caucus make the determinations and presented to the House for approval. It the minority party accepts those deci- is my understanding that customarily sions. It is my own personal conviction the decision of the majority caucus in that this issue is of national impor- these matters has been traditionally tance and all of the legislative rep- accepted without any objection from resentatives of the Nation, of the mi- any Member of the House of Rep- nority and of the majority, should par- resentatives. It will be my intention at ticipate. . . . this particular moment, however, to It has been usually the case that the subject that tradition to a test today, minority party has been outspoken in and I will ask the House to vote down their concern and condemnation of the the previous question when the pre- seniority system because their opportunity of implementing any change in 4. See 117 CONG. REC. 1708–1714, 92d that system would not be existent. Cong. 1st Sess., Feb. 4, 1971. Today, that opportunity will be af- 5. 117 CONG. REC. 1707 92d Cong. 1st forded you and I hope you will join Sess., Feb. 4, 1971. with those who believe that the deci-

179 Ch. 3 § 9 DESCHLER’S PRECEDENTS

sion to continue this committee as it control of the entire committee system has been in the past was a wrong deci- in the House? . . . sion which was made in the majority MR. WALDIE: That is true, but if by caucus.(6) so doing the national interest were advanced I would not find that objection- In opposition to Mr. Waldie’s able. proposal, Majority Leader Hale MR. BOGGS: As to the question of Boggs, of Louisiana, spoke as fol- whether or not the national interests lows: (7) are involved, again I defer to the distinguished chairman, but the gen- MR. BOGGS: Would the gentleman tleman was here on yesterday when not agree that we would be estab- this matter was debated and the gen- lishing a precedent here that could be tleman knows that this matter was de- carried to any length and in truth and bated fully, without any effort to limit in fact, if the majority party voted debate, and that a vote was taken, and unanimously, we could displace any that a majority decision was made to committee member or every committee adopt the committee chairman as rec- member nominated by the minority. ommended by the committee on com- In response to the Majority mittees. MR. WALDIE: I recognize . . . that Leader’s question, Mr. Waldie the debate was fair and proper, and ( ) stated as follows: 8 that the decision represented the vote of the majority, but the national inter- MR. WADE: . . . I would say that in ests, however, are not represented per those instances where the national in- se by the majority of the Democratic terest is not being properly cared for, caucus . . . and I would like to again that comity, custom, and courtesy of accord under our rule the opportunity the House should be reconsidered and of the minority to participate in the de- the rules of the House followed in termination as to whether the national those instances where comity, courtesy, interests have been served. and custom are contrary to the rules and to the interest of the American Mr. Phillip Burton, of Cali- people. fornia, in expressing his objections The following discussion then to Mr. Waldie’s proposal, stated in took place: (9) part as follows: MR. BURTON: . . . It is a most dan- MR. BOGGS: . . . [I]s it not accurate gerous precedent, I would think, with- that if a minority on the Democratic out regard to the political point of view side and a majority on the minority that any of us might hold, to in effect side get together they could take over give the minority caucus veto power over the majority caucus deliberations 6. 117 CONG. REC. 1709, 92d Cong. 1st as to whom they select to lead the var- Sess., Feb. 4, 1971. ious committees of the Congress.(10) 7. Id. 8. Id. 10. 117 CONG. REC. 1710, 92d Cong. 1st 9. Id. Sess., Feb. 4. 1971.

180 PARTY ORGANIZATION Ch. 3 § 9

In a series of exchanges with cumstances vote ‘‘nay’’ on the motion to other Members, Minority Leader order the previous question. As Repub- Gerald R. Ford, of Michigan, made licans we should exercise our option to vote ‘‘yea’’ or ‘‘present’’ on the previous clear his opposition to Mr. question, because the matter is one for Waldie’s proposal. The following the Democrats to decide and not for us. (11) excerpts reveal the Minority Mr. Wilbur D. Mills, of Arkan- Leader’s position: sas, who had introduced the reso- MR. FORD: Is it correct that the resolution naming Democratic Mem- lution presently before the House is a bers to committees, moved the resolution offered on behalf of the previous question on the resolu- Democratic Caucus? The resolution is (12) the recommendations for committee as- tion. By vote of the House, the signment on the Democratic side. previous question was ordered, THE SPEAKER: [Carl Albert, of Okla- and the Speaker announced that homa]: The gentleman is correct. the question was on the resolu- MR. FORD: Is it the procedure to be tion. The resolution was agreed followed that subsequently a com- to.(13) parable resolution will be offered rep- Parliamentarian’s Note: It has resenting the views of the Republican (14) Conference? been stated that, ‘‘motions for THE SPEAKER: The gentleman is cor- the election of Members to com- rect. mittees are debatable and are MR. FORD: Mr. Speaker, I think this subject to amendment.‘‘ Although factual situation clearly sets forth the the House in the above pro- issue that is before us. The Democratic ceedings declined to allow an Caucus made a decision on committee amendment to the Democratic res- chairman. Whether we on our side agree with it or not, by precedent that olution, it is worth noting the pro- is a matter within the ranks and pre- cedure employed in challenging rogatives of the majority party. the resolution, comprising a re- . . . [Mr. Waldie] was unable to per- quest for a ‘‘no’’ vote on the pre- suade a majority of the Democrats to vious question, which would have his view. I do not think that we on the opened the resolution to amend- Republican side ought to succumb to ment.(15) If the House had per- his arguments of this occasion. There- fore, Mr. Speaker, I would certainly mitted an amendment deleting hope and trust that the Republicans on this issue, on a Democratic resolution 12. 117 CONG. REC. 1714, 92d Cong., 1st expressing the views of the Democratic Sess., Feb. 4, 1971. Party, should not under any cir- 13. Id. 14. 8 Cannon’s Precedents § 2172. 11. See 117 CONG. REC. 1710–1712, 92d 15. 117 CONG. REC. 1709, 92d Cong., 1st Cong. 1st Sess., Feb. 4, 1971. Sess., Feb. 4, 1971.

181 Ch. 3 § 9 DESCHLER’S PRECEDENTS the portion relating to the chair- mittee assignments were deter- manship of the Committee on the mined, and the issues raised by District of Columbia and adopted their objections were debated on the resolution as amended, an- the floor of the House. other chairman of that committee Following the introduction of would have had to be rec- the majority party’s resolution ommended by the Committee on pertaining to committee assign- Committees for caucus ap- ments, the following proceedings proval.(16) took place: (17)

MR. [SAM] RAYBURN [of Texas]: Mr. Committee Assignments of Speaker, I ask unanimous consent that Third-Party Members the reading of the names in the resolution be dispensed with and that the § 9.4 The role of third party names be printed in the Record. It is caucuses in obtaining com- simply a list of the majority members mittee assignments for their of the various committees. members has been minimal. MR. [GERALD J.] BOILEAU [of Wis- In the most recent practice, consin]: Will the gentleman yield? MR. RAYBURN: I yield to the gen- committee assignments for tleman. . . . members of third parties MR. BOILEAU: Does the gentleman have been determined by the state to the House these are merely majority party, and such as- the names of the majority members? signments have been in- MR. RAYBURN: There are also as- cluded in the resolution nam- signed the so-called Progressive Mem- ing majority party members bers. MR. BOILEAU: The Members of the to committees. Farmer-Labor and Progressive Parties In the 75th Congress, the reso- are included in there? lution naming Democratic Mem- MR. RAYBURN: YES. bers to House committees in- Mr. Boileau, after making cer- cluded as well the names of mem- tain parliamentary inquiries, ad- bers of the Farmer-Labor and Pro- dressed the House on the subject gressive parties. Members of the of the committee assignments for Farmer-Labor Progressive group, the Farmer-Labor and Progressive as they were referred to, objected Members of the House. The de- to the method by which their com- 17. 81 CONG. REC. 203, 75th Cong. 1st 16. See 117 CONG. REC. 1707, 92d Cong., Sess., Jan. 13, 1937. 1st Sess., Feb. 4, 1971 (remarks of For references relating to third Mr. Waldie). parties generally, see § 2 supra.

182 PARTY ORGANIZATION Ch. 3 § 9 bate that ensued (18) centered on that he and other members of the com- the contention of the Farmer- mittee should know that we, the Farm- er-Labor and Progressive Members, Labor Progressive Members that were entirely dissatisfied with the either their group should have treatment accorded us, not only in the been given a definite bloc of com- matter of committee assignments but mittee assignments to be appor- also in a slight degree we were dissat- tioned among their Members as isfied because we had not had adequate opportunity to present our re- the group itself should decide, or quest to the committee on committees that the assignments of the Farm- with reference to individual assign- er-Labor-Progressive Members ments. . . . should have been taken out of the We of the Farmer-Labor Progressive quota of committee assignments group . . . demand that we be consid- set aside for minority Members of ered for all intents and purposes as a minority group. In no sense of the the House. The remarks of Mr. word can we ever be considered as a Boileau and other Members were majority group. The precedents of the as follows: (19) House are clear on that subject. It has been established over a long period of MR. BOILEAU: . . . I had received years that those Members with polit- word, entirely unofficially, that the ical designations other than the two majority committee on committees, dominant parties—in our instance the consisting of the Democratic members third party or fourth party, the Farm- of the Ways and Means Committee, er-Labor-Progressive Members, or the had made the assignments to the var- so-called third party Members of the ious committees covering the majority House—have received their appoint- Members of the House, and that the ments from the Members of the major- question had been decided by the ity party. Democratic committee on committees This is probably as it should be. We as to the number and importance of prefer to have a definite bloc of com- committees to which the Farmer-Labor mittees assigned to us, but we are not and Progressive Members of the House pressing that issue now. We are asking were to be assigned. After I had re- for proper recognition on the commit- ceived that notice I thought it was the tees, and it has been the traditional proper thing to notify the Democratic policy of the Congress . . . that the chairman of the Committee on Ways dominant or the majority party . . . and Means, who is also chairman of should make assignments to the third the Democratic committee on commit- party men in the resolution electing tees, that I intended to address the the majority Members. . . . House on this particular subject. I felt It is good parliamentary procedure that the Democrats in this instance 18. See 81 CONG. REC. 203–212, 75th should give us our assignments, but we Cong. 1st Sess., Jan. 13, 1937. do maintain that our assignments 19. See 81 CONG. REC. 203, 204, 75th should come out of the assignments set Cong. 1st Sess., Jan. 13, 1937. aside for minority Members.

183 Ch. 3 § 9 DESCHLER’S PRECEDENTS

. . . [O]ur assignments as committee percent of the minority committee as- members of the House should be taken signments on major committees, we out of the quota that the precedents would be entitled to 10.45. . . . We are and the rules set aside for minority willing to have 10. Members. Gardener R. Withrow, of Wisconsin, There is nothing in the rules of the Chairman of the Farmer-Labor-Pro- House that provides that such assign- gressive party’s Conference, stated the ments should be divided between reasons underlying his party’s conten- Democrats and Republicans. All the tions. Stating that his group had not rules and all the precedents are that been treated fairly, he continued as fol- the assignments should be made as lows: (20) among the majority on the one hand MR. WITHROW: . . . I do want to say and among the minority Members on that in my opinion the crux of this the other, and I submit to you that as question is that some time ago an minority Members of the House—and agreement was made between the Re- this is the crux of our entire argument publicans and the Democrats, who at and I hope you will get this point—we that time were the only parties in the are entitled to be given just the same House of Representatives. That unwrit- consideration as is given to other mi- ten agreement was to the effect that a nority Members of the House. In other certain ratio would be maintained be- words, we should be given as much tween the majority and the minority consideration, in proportion to our per- parties regardless of how few Members centage of the minority Members of the the minority party had. In accordance House, as the Republicans or any other with said agreement the ratio is being group of minority Members in this maintained at the present time. But body. . . . what has happened? There has come to During the Seventy-fourth Congress the House of Representatives another there were 82 major committee assign- group, a truly minority group. The Re- ments made to minority members. The publicans demand in this particular Republicans, the Farmer-Laborites, case that the ratio shall be maintained, and Progressives altogether had 82 as- and the result is that we the Progres- signments on the 11 major committees sive and Farmer-Labor groups are of the House. being sacrificed. There are 102 minority Members If we were treated on a par with the over on this side of the House in this Republican membership of this House, Congress. There are 89 Republicans, 8 we should have 10 major committee as- Progressives, and 5 Farmer-Laborites, signments, whereas we have only 3 a total of 102 minority Members. The major committee assignments. This is fair proportion of this group of 13 Pro- the unfairness of it all, and, my friends gressives and Farmer-Laborites is 123⁄4 on the Democratic side of the aisle, you percent of the major committee assign- are being penalized as well as we, be- ments. That is fair. If we are to have cause our committee assignments at our share of minority assignments on major committees, that is what we are 20. 81 CONG. REC. 208, 75th Cong. 1st entitled to. If we are to be given 123⁄4 Sess., Jan. 13, 1937.

184 PARTY ORGANIZATION Ch. 3 § 9

the present time really belong to you . . . I believe that we should go out as a majority. We should not be forced of our way to be fair with this group of to take our committee assignments Progressives. I am, however, going to from the majority or from the com- vote to sustain the Committee on Ways mittee on committees of the Repub- and Means, because . . . I do not be- licans; they should be assigned to us in lieve the Progressive-Farmer-Labor a block for us to do with as we please, group has been quite as aggressive as because, Mr. Speaker, we are in every they should have been in asking for sense a part of the minority group of these committee assignments ahead of this House. time. . . . Members speaking in opposition The resolution assigning mem- to the position taken by the Farm- er-Labor-Progressive party members of the Democratic Party and bers attached importance to that the Farmer-Labor-Progressive group was adopted by the House party’s alleged lack of status as a ( ) national party.(1) In addition, without change. 4 those supporting the resolution Parliamentarian’s Note: A rule listing committee assignments re- has been stated (5) that, in the al- lied on the alleged failure of the lotment of committee assignments Farmer-Labor-Progressive Mem- the party in control is termed the bers to make timely application to majority and all the other parties the Democratic Committee on constitute the minority and that Committees for the particular committee assignments of all par- ( ) committee assignments desired. 2 ties other than the controlling Mr. Fontaine M. Maverick, of party are charged to the minor- Texas, while characterizing the ity.(6) Progressive group as a national movement and praising their Committee Assignments as In- work, stated that he would vote to strument of Party Discipline sustain the committee assignments as made by the Democratic § 9.5 The power to determine members of the Committee on committee assignments has Ways and Means. Mr. Maverick’s been used by the caucus as a remarks were as Follows:(3) means of disciplining Mem- 1. See 81 CONG. REC. 209, 75th Cong. bers for actions considered 1st Sess., Jan. 13, 1937 (remarks of disloyal to the party. Mr. John W. McCormack [Mass.]). 2. See 81 CONG. REC. 210, 211, 75th 4. 81 CONG. REC. 212, 75th Cong. 1st Cong. 1st Sess., Jan 13, 1937 (ex- Sess., Jan. 13, 1937. change between Messrs. McCormack 5. 8 Cannon’s Precedents § 2184. and Boileau). 6. Instances of the application of this 3. 81 CONG. REC. 211, 212, 75th Cong., rule are cited. See 8 Cannon’s Prece- 1st Sess., Jan. 13, 1937. dents §§ 2184, 2185.

185 Ch. 3 § 9 DESCHLER’S PRECEDENTS

In the 90th Congress, the reso- tees has felt it incumbent on them to lution assigning Democratic Mem- take the matter of my committee rank to the caucus for final determination. bers to House committees left va- In view of that, Mr. Speaker, I have di- cancies on two committees—the rected a letter to the chairman of the Committees on the District of Co- Committee on Committees requesting lumbia and on Interstate and For- that I not be assigned to any com- eign Commerce—pending further mittee until such time as this matter consideration by the caucus of the can be determined finally by the caucus. committee assignments and se- Mr. Speaker, it is my understanding, niority of Mr. John Bell Williams, in view of the committee assignments ( ) of Mississippi. 7 Mr. Williams, that have just been read, that this re- who had endorsed the 1964 Re- quest was acceded to. publican Presidential candidate, Now, Mr. Speaker, in fairness to my had for that reason been reduced Democratic colleagues . . . it would in rank on the two committees by appear to me that this matter should be disposed of as soon as practicable. action of the Democratic Cau- Mr. Speaker, this afternoon I am ( ) cus. 8 In the 90th Congress, fol- prepared to direct a letter to the chair- lowing the introduction of the man of the caucus, requesting that a Democratic resolution, the fol- caucus be called as soon as practicable lowing proceedings took place: (9) for the purpose of determining my relative rank in being assigned to my two MR. WILLIAMS of Mississippi: . . . committee assignments. Mr. Speaker, in view of the extraordinary action which was taken in the The letter referred to by Mr. Wil- last Congress with respect to my se- liams was included in the niority position on the Committee on Record,(10) and reads in part as Interstate and Foreign Commerce and follows: the Committee on the District of Co- lumbia, it is my understanding that . . . If the Committee on Commit- the Democratic Committee on Commit- tees is unable at this time to place me other than in fifteenth position on the 7. See resolution assigning Democratic Committee on Interstate and Foreign Members to committees in the 90th Commerce, I respectfully request that I not be assigned now. Congress in 113 CONG. REC. 1086, 90th Cong. 1st Sess., Jan. 23, 1967. This request applies to the Com- mittee on the District of Columbia, 8. See the resolution assigning Demo- also. . . . cratic Members to committees in the 89th Congress, 111 CONG. REC. 809, Later in the first session of the 810, 89th Cong. 1st Sess., Jan. 18, 90th Congress, Mr. Thomas G. 1965. 9. 113 CONG. REC. 1086, 1087, 90th 10. 113 CONG. REC. 1087, 90th Cong. 1st Cong. 1st Sess., Jan. 23, 1967. Sess., Jan. 23, 1967.

186 PARTY ORGANIZATION Ch. 3 § 9

Abernethy, of Mississippi, made 89th Congress as a Democrat, the following remarks respecting and, like Mr. Williams, had sup- the retirement of Mr. Williams ported the Republican Presi- from the Congress and the dis- dential candidate in 1964. For ciplinary action that had been that reason, the caucus directed that Mr. Watson be given a low- taken by the Democratic Caucus. ranking committee position. Sub- Mr. Abernethy’s remarks were in ( ) sequently, Mr. Watson announced part as follows: 11 his intention to change his polit- MR. ABERNETHY: Mr. Speaker, my ical affiliation. As a result, he was friend and colleague, the gentleman elected to the Committee on Inter- from Mississippi, Mr. John Bell Wil- state and Foreign Commerce as a liams, will shortly retire from the Republican.(12) At the time he House of Representatives. . . . made his declaration regarding There are numerous Members of this the change in his party affiliation, body and literally millions around the Mr. Watson announced his deci- country who feel that the treatment ac- sion to resign so that his constitu- corded Mr. Williams was unreasonable ents could, by their votes in a spe- and unjustified. Certainly it was un- cial election, indicate their ap- precedented. . . . proval or disapproval of his action. . . . His would-be disciplinarians On Jan. 18, 1965, the Speaker unsuspectingly and unintentionally laid before the House a letter from made a great contribution toward ele- Mr. Watson stating that Mr. Wat- vating him to the high position of Gov- ernor of his home State, the State of son had submitted a letter of res- Mississippi. ignation to the Governor of South Carolina,(13) such resignation ‘‘to The Democratic Caucus in the become effective upon such date 89th Congress also took similar as the Governor or may set for a action with respect to Mr. Albert special election to fill the va- W. Watson, of South Carolina. Mr. cancy.’’ Mr. Watson actually re- Watson had been elected to the signed from the House on Feb. 1, 1965.(14) 11. 113 CONG. REC. 36598, 36599, 90th Cong. 1st Sess., Dec. 14, 1967. See 12. See resolution assigning Republican also the remarks of Mr. Walter B. Members to committees at 111 Jones (N.C.) (113 CONG. REC. 3513, CONG. REC. 992, 89th Cong. 1st 90th Cong. 1st Sess., Feb. 16, 1967), Sess., Jan. 21, 1965. to the effect that the Democrats had 13. Mr. Watson’s letters to the Speaker been inconsistent in the treatment and to the Governor appear at 111 accorded by different segments of the CONG. REC. 805, 806, 89th Cong. 1st party to those party members who Sess., Jan. 18, 1965. refused to support Democratic polit- 14. See communications laid before the ical candidates. House by the Speaker on Jan. 28,

187 Ch. 3 § 9 DESCHLER’S PRECEDENTS

In a special election, Mr. Wat- In each of the above instances, son was re-elected to the House as the party’s discipline was imposed a Republican. On June 16, on a Member for his opposition to 1965,(15) the House, at the request the party’s Presidential candidate. of Minority Leader Gerald R. Cannon cites an instance (17) Ford, of Michigan, permitted Mr. wherein Republican Members Watson to be sworn although his were disciplined by removal from certificate of election had not ar- committees or reduction in com- rived. mittee rank for their failure to More recently, the seniority of abide by the action of their party Democratic Member John R. caucus with respect to matters Rarick, of Louisiana, was reduced under consideration in the House. by action of the caucus. Mr. It should be noted, however, that Rarick, who had refused to sup- the discipline in this case was import his party’s Presidential can- posed by the Speaker of the House didate in 1968, was for that rea- at a time when the Speaker made son assigned a lower rank on the appointments to standing commit- Committee on Agriculture than he tees. would otherwise have had.(16)

1965 (111 CONG. REC. 1452, 89th Cong. 1st Sess.); such communica- § 10. —Policy Determina- tions, signed by Mr. Watson, stated tion; Party Decisions as in part that, ‘‘It now clearly appears that the Governor intends no affirm- Binding ative action on this matter. There- fore . . . I have this day transmitted [Note: The following is descrip- to him my resignation effective upon tive of the practices in some Con- the adjournment of the House on gresses. For discussion of current Monday, February 1, 1965.’’ 15. See 111 CONG. REC. 13774, 89th States, Congressional Quarterly Cong. 1st Sess. Service (Washington, D.C., 1971), pp. 16. See the resolution assigning Demo- 171, 172. See also the discussion of cratic Members to standing commit- caucus action, taken in the 90th tees of the House at 115 CONG. REC. Congress, whereby Mr. Adam Clay- 2083, 91st Cong. 1st Sess., Jan. 29, ton Powell, Jr. (N.Y.) was divested of 1969. For discussion of departures a committee chairmanship on var- from the seniority rule in both the ious grounds (113 CONG. REC. 22, House and Senate, frequently for 90th Cong. 1st Sess., Jan. 10, 1967 purposes of imposing the party’s dis- [remarks of Mr. James C. Wright, cipline, see Congressional Quarterly’s Jr., of Texas]). Guide to the Congress of the United 17. See 8 Cannon’s Precedents § 3606.

188 PARTY ORGANIZATION Ch. 3 § 10 practices that may differ in some pressing the sense of the Demo- particulars from those stated, see cratic Caucus (19) stated, in part, supplements to this edition as Resolved, That it is the sense of the they appear.] Democratic Caucus that . . . The party caucus or conference 9. All committees shall provide in develops party positions with re- their rules of procedure for the applica- spect to specific issues. Thus, a tion of the 5-minute rule in the interro- consensus may be reached in the gation of witnesses until such time as each member of the committee who so caucus or conference with regard desires has had an opportunity to to legislation or rules changes cur- question the witness. rently under consideration, or de- The above provision was incor- sired to be presented for consider- porated in a resolution introduced ation, by the House or committees in the House on Jan. 21, 1971.(20) in the House. Party leaders and The same House resolution re- other members are thus advised flected another paragraph of the of the party’s sentiment on par- caucus resolution,(1) containing a ticular issues, and actions may be recommendation ‘‘that the Select authorized in the House based on Committee on Small Business be the decisions of the caucus or con- made a permanent select com- ference.(18) mittee of the House without legis- As an example of how a caucus lative jurisdiction except to make decision may be reflected in action investigations and reports.’’ taken in the House, a view adopted by the Democratic Caucus with A Democratic Caucus Rule pro- respect to certain committee provides: (2) cedures was incorporated in a res- 7. In deciding upon action in the olution introduced to the House in House involving party policy or prin- the 92d Congress. A resolution ex- ciple, a two-thirds vote of those present and voting at a caucus meeting shall 18. For remarks indicating that par- bind all members of the caucus; pro- ticular resolutions were offered ‘‘by vided, the said two-thirds vote is a ma- direction of the . . . caucus’’ or ‘‘under instructions of the . . . cau- 19. See Democratic Caucus Rules (July cus,’’ see for example, 117 CONG. 20 1971), addendum, paragraph 9. REC. 132, 92d Cong. 1st Sess., Jan. 20. See H. Res. 5 at 117 CONG. REC. 14, 22, 1971 (remarks of Mr. William M. 92d Cong. 1st Sess. Colmer [Miss.]); and 111 CONG. REC. 1. Democratic Caucus Rules (July 20, 23, 89th Cong. 1st Sess., Jan. 4, 1971), addendum, paragraph 11. 1965 (remarks of Mr. Carl Albert 2. Democratic Caucus Rules (July 20, [Okla.]). 1971), Rule 7.

189 Ch. 3 § 10 DESCHLER’S PRECEDENTS

jority of the full Democratic member- MR. [JAMES C.] CLEVELAND [of New ship of the House: and provided fur- Hampshire]: Mr. Speaker, the act of ther, that no Member shall be bound the Democratic caucus binding Demo- upon questions involving a construc- cratic Representatives to vote for re- tion of the Constitution of the United peal of the minority staffing provision States or upon which he made contrary which we enacted into law last fall is pledges to his constituents prior to his a shocking breach of faith . . . [U]nder election or received contrary instruc- the rules of the Democratic caucus, as they have been explained to me, all tions by resolutions or platform from Members of the Democratic Party are his nominating authority. bound to vote to repeal the minority The rule permitting decisions of staffing provisions. Debate cannot the caucus in some instances to change their votes. Neither can their consciences nor senses of fairness bind all Democratic Members is change their votes. . . . one of long standing.(3) It has been Cannon quotes remarks of applied to permit the caucus to Speaker Champ Clark, of Mis- issue directives to Democratic souri,(6) made in 1913 when the members of House committees caucus rules were substantially as with respect to disposition of mat- they are now,(7) to the effect that ( ) ters under consideration, 4 and to caucus action taken by a two- assure party members’ support of thirds vote is not binding on con- party positions taken with respect stitutional questions or ‘‘matters to issues before the House. of conscience or where a Member In the 92d Congress, the fol- has made promises or pledges in lowing remarks were made with his campaign for election.’’ reference to a caucus decision re- The Republicans do not have a garding the right of the minority formal rule making the decisions to funds for staffing: (5) of the conference binding on all Republicans, although a con- 3. See 8 Cannon’s Precedents §§ 3605, sensus developed in the con- 3609. For recent changes in the cau- ference is persuasive. (8) cus rules, and the current practice, see supplements to this edition. Sess., Jan. 25, 1971 (remarks of Mr. 4. See discussion in Galloway, George Benjamin B. Blackburn (Ga.), and B., History of the House of Represent- related materials, including a copy of atives, Thomas Y. Crowell (New the Democratic Caucus Rules in- York, 1961), pp. 137, 140. serted in the Record). 5. 117 CONG. REC. 44, 92d Cong. 1st 6. See Cannon’s Precedents 3605. Sess., Jan. 21, 1971. For other re- 7. See the caucus rules set forth in 8 marks of a similar nature relating to Cannon’s Precedents § 3609. the unit rule of the caucus, see 117 8. See Riddick, Floyd M., Congressional CONG. REC. 433, 434, 92d Cong. 1st Procedure, Chapman and Grimes

190 PARTY ORGANIZATION Ch. 3 § 10

In the course of a debate in the Members will have voted for our nomi- 92d Congress over the election of nees for ranking Members on each of Democratic Members to commit- the committees . . . we do not think under our political system in America (9) tees, the following discussion that you, the Democrats, should make took place with respect to the ex- decisions for us. We do not think we istence of a ‘‘unit rule’’ in the Re- should become involved in making de- publican Conference and with re- cisions for your party. . . . spect to the views of the Repub- We should not vote against the pre- lican Party on the issues before vious question. That is your decision. (10) We will take care of ourselves when the House: the next resolution is offered. MR. [JOHN] CONYERS [Jr., of Michi- MR. CONYERS: In other words, the gan]: . . . [T]he question is, do the mi- distinguished minority leader leaves to nority Members intend to simply ratify the discretion of every Member on the the decisions from the majority caucus other side of the aisle the right to re- or are they entitled and obligated to view in his own mind the validity of make an evaluatory determination as these Democratic Caucus recommenda- to what they think is correct regarding tions; is that correct? who should be the chairmen of the var- MR. GERALD R. FORD: That is cor- ious committees in this 92nd Con- rect. Each Member on our side will gress?... make up his own mind. As I said a mo- MR. GERALD R. FORD [of Michigan]: ment ago, we have no unit rule in the . . . We do not have a unit rule on our Republican Party. side of the aisle. The Republican Con- An instance has been cited ference does not bind its Members to vote as a majority of the conference de- wherein Republican Members fail- cides. As Republicans, we do not dic- ing to abide by the action of their tate to our members. party caucus were disciplined by MR. CONYERS: Then who were you removal from committees or re- speaking for when you said that your duction in rank.(11) The situation party or your membership was going to described arose at a time when ratify the Democratic decisions if you the power over committee assign- do not have the unit rule? ments resided in the Speaker, and MR. GERALD R. FORD: Mr. Speaker if the gentleman will yield further, our when the caucus was dominated by Speaker Joseph G. Cannon, of (Boston, 1941), p. 35, to the effect Illinois.(12) that in some instances the Repub- licans vote as uniformly in support of 11. See 8 Cannon’s Precedents § 3606. party positions as do the Democrats. 12. See Congressional Quarterly’s Guide 9. See § 9.3, supra. to the Congress to the United States, 10. 117 CONG. REC. 1712, 92d Cong., 1st Congressional Quarterly Service Sess., Feb. 4, 1971. (Washington, D.C., 1971), p. 141.

191 Ch. 3 § 11 DESCHLER’S PRECEDENTS

C. PARTY COMMITTEES AND INFORMAL GROUPS § 11. Committee on Com- state having Republican represen- mittees tation in the House, such Member having been chosen by his state Each party has created a com- delegation and approved by the (16) mittee on committees,(13) whose Republican Conference. function is to determine the as- The Democratic committee’s rec- signments of the respective party ommendations to the caucus re- members to positions on standing garding committee assignments committees of the House, subject need not follow seniority, and may to approval by the party and by under certain circumstances be voted on separately by secret bal- the House.(14) lot in the caucus.(17) The Repub- The Democratic Committee on lican practice is similar in the Committees has in past Con- case of the selection of the rank- gresses consisted of the Demo- ing Republican on each com- cratic members of the Committee mittee.(18) on Ways and Means, who have The list of committee assign- been selected by secret ballot in ments as determined by the com- ( ) the party caucus. 15 The Repub- mittee on committees and the cau- lican Committee on Committees cus or conference is submitted to consists of one Member from each the House in the form of a resolution. The Democratic resolution 13. See § 8, supra. The party committee on committees and its relationship to has, under the practice in effect in the caucus or conference, have been past Congresses, generally been discussed extensively elsewhere. See offered by the Chairman of the §§ 8 and 9, supra. The discussion Committee on Ways and here is a brief summary of the com- Means,(19) although on at least mittee’s composition and functions. 14. See §§ 9.2, 9.3, supra. As to criteria 16. See § 8, supra. that may affect the determination of 17. See § 9, supra. committee assignments, see § 9, 18. See §§ 9, 9.2, supra. supra. 19. See, for example, 117 CONG. REC. 15. See § 9.1, supra. For discussion of 1708, 1713, 92d Cong. 1st Sess., Feb. current practice, in which the func- 4, 1971; and 115 CONG. REC. 2083, tion of determining committee as- 91st Cong. 1st Sess., Jan. 29, 1969. signments has been transferred to a The resolution has also been offered different party committee, see sup- on occasion by the Chairman of the plements to this edition as they ap- Democratic Caucus (see § 3.12, pear. supra).

192 PARTY ORGANIZATION Ch. 3 § 11 one occasion, in the absence of the Electing Members From Both chairman, a resolution electing a Parties new Democratic Member to a committee was offered by the ranking § 11.1 In unusual cir- majority member of the Com- cumstances, the Chairman of mittee on Ways and Means.(20) the Democratic Committee Resolutions electing Democratic on Committees offered a res- Members to the Committee on olution electing Members Ways and Means itself, of course, from both parties to the have under these procedures been newly created Committee on offered by the Chairman of the Internal Security. (1) Democratic Caucus. The resolu- In the 91st Congress, the House tion assigning Republican Mem- agreed to an amendment to its bers to House committees is gen- rules, abolishing the Committee erally offered in the House by the on Un-American Activities and Republican floor leader.(2) transferring the jurisdiction of The House has declined to alter that committee to a new standing the procedure whereby each party, committee of the House on inter- through the action of that party’s nal security.(5) A resolution was committee on committees and its offered by the Chairman of the caucus or conference, determines Democratic Committee on Com- the committee assignments for its mittees for the purpose of electing the sitting members of the Com- members.(3) mittee on Un-American Activities The Republican Committee on to the newly created Committee Committees has made recon Internal Security.(6) The reso- ommendations respecting the se- lution elected both Democratic lection of the Republican whip.(4) and Republican Members to the newly created committee, and re- 20. See 112 CONG. REC. 15889, 89th ferred all bills, resolutions, execu- Cong. 2d Sess., July 18, 1966. tive communications, and other 1. See § 3.11, supra 1. papers pending before the Com- 2. See § 19.7, infra. mittee on Un-American Activities 3. See § 9.3, supra. to the new committee. 4. See 8 Cannon’s Precedents §§ 3616, Parliamentarian’s Note: The 3619, 3620, 3621; Riddick, Floyd M., resolution was offered by the Congressional Procedure, Chapman and Grimes (Boston, 1941), pp. 36, 5. See 115 CONG. REC. 3723, 3724, 37. The Republican floor leader has 3745–3747, 91st Cong. 1st Sess., announced the selection of the party Feb. 18, 1969. whip, ‘‘on behalf of the Committee on 6. See 115 CONG. REC. 3747, 91st Cong. Committees’’ (see § 23.3, infra). 1st Sess., Feb. 18, 1969.

193 Ch. 3 § 11 DESCHLER’S PRECEDENTS

Chairman of the Democratic Com- Committee, located in the New House mittee on Committees after con- Office Building, and there will be a Re- publican Conference in this Hall at 10 sultation with and approval of the o’clock tomorrow morning. Minority Leader. Both majority and minority party members were elected by name, rather than by § 12. Republican Policy the designation, ‘‘sitting members Committee; Research of the Committee on Un-American Activities,’’ so that their election Committee could be more easily certified to a The Republican Policy Com- court in case of legal proceedings mittee studies proposed legisla- relating to the committee. Such tion, takes positions on matters of procedure avoided the necessity of policy, considers legislative strat- having to refer back at some fu- egy,(8) and serves the Republican ture time to the previous resolu- Conference and leadership in an tions electing the members to the advisory capacity. The Policy Committee on Un-American Ac- Committee was formerly known tivities. as the Steering Committee until it was renamed in 1949.(9) Announcement of Meeting The Policy Committee may con- § 11.2 The Republican floor sist of Republican Members serv- leader made an announce- ing on legislative committees re- ment in the House con- sponsible for legislation under cerning a meeting of the study by the Policy Committee. party Committee on Commit- An announcement of the selec- tees. tion of the Chairman of the Policy Committee has frequently been The Minority Leader in the made in the House.(10) By virtue 75th Congress, Bertrand H. Snell, of his status as a party leader, the of New York, made the following Chairman of the Policy Committee announcement in the House: (7) 8. For discussion of a Democratic com- MR. SNELL: Mr. Speaker, there will be a meeting of the Republican mem- mittee with similar functions see bers of the committee on committees at § 13, infra. 4 o’clock this afternoon in the rooms of 9. See Congressional Quarterly’s Guide the Interstate and Foreign Commerce to the Congress of the United States, Congressional Quarterly Service 7. 81 CONG. REC. 201, 75th Cong. 1st (Washington, D. C., 1971) , p. 142. Sess., Jan. 13, 1937. 10. See § 12. 1, infra.

194 PARTY ORGANIZATION Ch. 3 § 12 has on occasion assumed the func- tleman from Arizona, the Honorable tions of the floor leader, particu- John J. Rhodes, and has chosen as Chairman of the Republican Com- larly during formal affairs such as mittee on Research and Planning the the extension of certain courtesies gentleman from New York, the Honor- and the fulfillment of ceremonial able Charles E. Goodell. (11) duties. In the 89th Congress, the con- The Committee on Research, ference chairman, immediately through the use of task forces, after announcing his party’s selec- does research in areas relating to tion of a Minority Leader, an- particular issues, and presents re- nounced the election by the con- ports and recommendations to the ference of a Chairman of the Re- Republican Conference. publican Policy Committee.(13) Similarly, in the 88th Congress, an announcement was made re- Announcement as to Chairmen specting the selection of the minority whip and the Chairman of § 12.1 The conference chair- the Policy Committee.(14) man has on occasion announced in the House the Duties of Chairman names of the persons selected by the conference as § 12.2 The Chairman of the Re- Chairmen of the Policy Com- publican Policy Committee, mittee and the Committee on in the stead of the Minority Research. Leader, was appointed to the committee to notify the In the 90th Congress, following President of the intention of the announcement of the selection the House to adjourn. of the minority whip, the Chair- man of the Republican Conference In the 91st Congress, the Major- announced as follows: (12) ity Leader and the acting Minor- ity Leader, the Chairman of the MR. [MELVIN R.] LAIRD [of Wis- Republican Policy Committee, consin]: . . . The conference has also directed me to notify the House offi- were appointed to the committee cially that the Republican Members to notify the President of the in- have selected as Chairman of the Re- tention of the House to adjourn. publican Committee on Policy the gen- 13. 111 CONG. REC. 20, 89th Cong. 1st 11. See §§ 12.2, 12.3, infra. Sess., Jan. 4, 1965. 12. 113 CONG. REC. 27, 90th Cong. 1st 14. 109 CONG. REC. 506, 88th Cong. 1st Sess. Jan. 10. 1967. Sess., Jan. 17, 1963.

195 Ch. 3 § 12 DESCHLER’S PRECEDENTS

The proceedings were as fol- duties. The proceedings were as lows: (15) follows: (17)

MR. [CARL] ALBERT [of Oklahoma]: THE SPEAKER. The gentleman from Mr. Speaker, I offer a resolution (H. Virginia (Mr. Poff) will take the Chair. Res. 1338) and ask for its immediate Mr. Poff assumed the Chair. consideration. THE SPEAKER PRO TEMPORE (Mr. [The Clerk read the resolution, Poff). The Chair recognizes the gen- which authorized the appointment of a tleman from Arizona (Mr. Rhodes). committee to join with a similar com- MR. RHODES of Arizona. Mr. Speak- mittee of the Senate and inform the er, I offer a privileged resolution (H. President of the readiness of Congress Res. 1340) and ask for its immediate to adjourn. The resolution was agreed consideration. to.] The Clerk read the resolution as follows: THE SPEAKER: (16) The Chair appoints as Members on the part of the House H. RES. 1340 of the committee to notify the Presi- Resolved, That the thanks of the dent the gentleman from Oklahoma, House are presented to the Honor- Mr. Albert, and the gentleman from able John W. McCormack, Speaker Arizona, Mr. Rhodes. of the House of Representatives, for the able, impartial, and dignified § 12.3 Acting in the stead of manner in which he has presided over the deliberations and performed the Minority Leader, the the arduous duties of the Chair dur- Chairman of the Republican ing the present term of Congress; Policy Committee offered a and be it further Resolved, That the House of Rep- resolution expressing the resentatives hereby extends to its be- praise of the House for the manner in which the Speak- 17. 116 CONG. REC. 44600, 44601, 91st er had performed his duties. Cong. 2d Sess., Jan. 2, 1971. Parliamentarian’s Note: Mr. Ger- In the 91st Congress, the Chair- ald R. Ford (Mich.) the Minority man of the Republican Policy Leader and Mr. Leslie C. Arends Committee, John J. Rhodes, of Ar- (Ill.), the minority whip, had left the izona, acting in the stead of the city and had requested Mr. Rhodes Minority Leader, offered a resolu- and Mr. Richard H. Poff (Va.) to act in their stead with respect to the tion thanking Speaker John W. proceedings described above. McCormack, of Massachusetts, for In the 90th Congress, a similar the exemplary manner in which resolution was offered by the Chair- the Speaker had performed his man of the Republican Policy Com- mittee, who was acting for the Mi- 15. 116 CONG. REC. 44599, 91st Cong. 2d nority Leader. 114 CONG. REC. Sess., Jan. 2, 1971. 31371, 90th Cong. 2d Sess., Oct. 14 16. John W. McCormack (Mass.). 1968.

196 PARTY ORGANIZATION Ch. 3 § 13

loved Speaker, the Honorable John sible to the caucus, and the elec- W. McCormack, sincere wishes for a long, pleasant, and well-earned re- tion of its members . . . is not tirement. subject to caucus ratification or rejection’’; (1) that, ‘‘members of THE SPEAKER PRO TEMPORE. The Chair recognizes the gentleman from the Steering Committee are di- Arizona. rectly responsible to the member- MR. RHODES. Mr. Speaker, it is a ship of the zone from which elect- proud duty which I perform in offering ed and are subject to recall at any this resolution in appreciation to our time’’; (2) and that, ‘‘the Chairman great Speaker, the Honorable John McCormack of Massachusetts. of the Steering Committee is elected by the committee and is [Mr. Rhodes continued his re- ineligible to succeed himself.’’ (3) marks, sharing his personal The purposes of the Steering memories of the Speaker and ex- Committee as originally created pressing appreciation of the were to consult with the various Speaker’s record of service.] geographical groups on pending legislation, to promote unity among the groups, and to advise § 13. Steering Committee the party leadership as to legislative scheduling and floor strat- The Republican Conference in egy.(4) 1919 authorized the creation of a steering committee to be nomi- The Democratic Steering Com- nated by the Committee on Com- mittee was relatively inactive for mittees and elected by the party many years. But changes in the conference.(18) The committee cre- committee’s composition and func- ated by the Republicans is now tions were included in an adden- known as the Policy Com- dum to the 1973 caucus rules and, mittee.(19) more recently, the committee has A Democratic Steering Com- assumed new importance as the mittee was created in the 73d 1. 8 Cannon’s Precedents § 3622. Congress to consist of 15 Members 2. Id. elected to represent geographical 3. Id. ( ) zones. 20 Cannon stated that, ‘‘the 4. See Congressional Quarterly’s Guide Steering Committee is not respon- to the Congress of the United States, Congressional Quarterly Service 18. See 8 Cannon’s Precedents § 3621. (Washington, D.C., 1971), pp. 142, 19. The Policy Committee is discussed in 604. See also 8 Cannon’s Precedents § 12, supra. § 3622, discussing the functions of 20. See 8 Cannon’s Precedents § 3622. the steering committee.

197 Ch. 3 § 13 DESCHLER’S PRECEDENTS

Steering and Policy Committee. Committee from its inauguration, The current role of the committee, in addition to a partial list of the including its role in the deter- Chairmen of the Democratic Cau- ( ) mination of standing committee cus. 7 The list includes the ex offi- assignments for party members, cio members of the committee in each of the Congresses. In the 73d will be discussed more extensively Congress, the ex officio members in supplements to this edition. were the Speaker, floor leader, Briefly, the committee at present caucus chairman, Chairman of the is composed of the party leader- Committee on Rules, and the ship in addition to those members whip. Beginning with the 76th elected on a geographical basis or Congress, the Chairman of the appointed by the Speaker. Its Committee on Ways and Means main functions are to make rec- and the Chairman of the Com- ommendations regarding party mittee on Appropriations were policy, legislative priorities, and also designated as ex officio members of the Steering Committee. the scheduling of matters for At present,(8) ex officio members House or caucus action. include the Speaker, the floor In the 89th Congress, resolu- leader, the whip, the caucus chair- tions were adopted authorizing man, the secretary of the caucus payments from the contingent and the Chairman of the Congres- fund of the House to be applied to sional Campaign Committee. salaries for certain employees of the Steering Committee (5) and to expenses of the committee.(6) Compensation for Employees Members of the Democratic § 13.1 The House on occasion Steering Committee from its inau- has provided by resolution guration to Mar. 21, 1945, are listed in an appendix to the Con- 7. The list appears in the appendix to gressional Record of the 79th Con- the Record, 91 (part 10) CONG. REC. gress. In that Congress, Mr. Wil- A1367, A1368, 79th Cong. 1st Sess., liam M. Whittington, of Mis- Mar. 21, 1945 (extension of remarks sissippi, asked and was given per- of Mr. William M. Whittington). mission to extend his remarks in 8. See Congressional Quarterly’s Guide to the Congress of the United States, the appendix of the Record and to Congressional Quarterly Service include therein the membership (Washington, D.C., 1971), p. 142; rolls of the Democratic Steering and Ripley, Randall B., Party Lead- ers in the House of Representatives, 5. See § 13.1, infra. The Brookings Institution (Wash- 6. See § 13.2, infra. ington, D.C., 1967), p. 47.

198 PARTY ORGANIZATION Ch. 3 § 14

for compensation to be pay- the contingent fund of the House of Representatives, until otherwise pro- able from the contingent vided by law, compensation at a basic fund of the House to employ- rate not exceeding $4,180 per annum ees of the Democratic Steer- to one additional employee of each of ing Committee. the following: (1) the House Democratic Steering ( ) On Aug. 24, 1965, 9 the fol- Committee; and lowing resolution was adopted by (2) the House Republican Con- the House: ference. H. RES. 543 Expense Allowance Resolved, That, effective September 1, 1965, there shall be payable from § 13.2 The House adopted a the contingent fund of the House of resolution providing for pay- Representatives, until otherwise pro- ment for certain expenses of vided by law, compensation at a basic rate per annum not exceeding the max- the Democratic Steering imum rate authorized by the Classi- Committee from the contin- fication Act of 1949, as amended, to gent fund of the House. one employee of each of the following: (1) the House Democratic Steering In the second session of the ( ) Committee; and 89th Congress, 11 the following (2) the House Republican Con- resolution was agreed to by the ference. House:

Later in the first session of the H. RES. 661 89th Congress,(10) compensation Resolved, That, effective January 3, for an additional employee of the 1966, there shall be payable from the Steering Committee was author- contingent fund of the House of Rep- ized by the following resolution: resentatives, until otherwise provided by law, not to exceed $5,000 annually H. RES. 625 for necessary expenses, other than sal- Resolved, That, effective November aries, to each of the following: 1, 1965, there shall be payable from (1) the House Democratic Steering Committee; and (2) the House Republican Con- 9. 111 CONG. REC. 21545, 89th Cong. ference. 1st Sess. A resolution authorizing an increase in the compensation of the positions referred to in H. Res. 543, 89th Cong. 1st Sess. (1965), was re- § 14. Patronage Committee jected in the 91st Congress. See 116 CONG. REC. 27449, 27451, 91st Cong. Formerly, the patronage of the 2d Sess., Aug. 5, 1970. House was distributed through a 10. 111 CONG. REC. 28563, Oct. 22, 1965. 11. 112 CONG. REC. 170, Jan. 13, 1966.

199 Ch. 3 § 14 DESCHLER’S PRECEDENTS patronage committee nominated § 15. Official Objectors’ by the Committee on Committees Committees and elected by the majority caucus. Thus, in 1911, a caucus reso- On the Consent and Private lution (12) provided for a committee Calendars are placed bills of a that would distribute the appoint- noncontroversial nature, suscep- ive positions in the House organi- tible of passage by the House zation among the members of ‘‘the without extensive debate.(15) Ob- various state delegations.’’ And in jection may be made, however, to 1918, the Republicans being in consideration of any bill that has the majority, Republican members been called on either calendar, in received from the temporary which case disposition of the bill Chairman of their Committee on proceeds according to the rules of Committees instructions relating the House. For the purpose of de- to the distribution of patron- termining whether objection age.(13) should be made to any bills that At the present time, the dis- have been called up on either cal- tribution of jobs through patron- endar, official objectors appointed age is a very informal process. to act for each party analyze care- Many jobs on Capitol Hill, includ- fully the bills to be considered.(16) ing a number in the offices of the Official Objectors’ Committees are Doorkeeper and the Sergeant at appointed by each party’s floor Arms of the House, are awarded leader.(17) through patronage, but no clear Proceedings relating to bills on criteria exist by which the control the Private Calendar are set forth of patronage is distributed to in a House rule providing, in part, Members of the House. State dele- that,(18) gations may be assigned quotas of On the first Tuesday of each month jobs to be awarded under the pa- . . . the Speaker shall direct the Clerk tronage system.(14) to call the bills and resolutions on the Private Calendar. Should objection be 12. See 8 Cannon’s Precedents § 3627. 13. See 8 Cannon’s Precedents § 3628. 15. For general discussion of the Private 14. See Congressional Quarterly’s Guide and Consent Calendars, see Ch. 22, to the Congress of the United States, infra. Congressional Quarterly Service 16. See §§ 15.2, 15.4, infra. (Washington, D.C., 1971), p. 428. For 17. See §§ 15.1, 15.3, infra. more detailed discussion of the Pa- 18. Rule XXIV clause 6, House Rules tronage Committee, see Ch. 7, infra. and Manual § 893 (1973). 200 PARTY ORGANIZATION Ch. 3 § 15

made by two or more Members to the for the Private Calendar generally consideration of any bill or resolution annouce agreements they have so called, it shall be recommitted to the made respecting their consider- committee which reported the bill or resolution, and no reservation of objec- ation of bills on the Private Cal- ( ) tion shall be entertained by the Speak- endar. 1

er. . . . On the third Tuesday . . . the Speaker may direct the Clerk to call the bills and resolutions on the Private Objectors for Consent Cal- Calendar, preference to be given to om- endar—Appointment nibus bills containing bills or resolutions which have previously been ob- § 15.1 Official objectors for the jected to. . . . Consent Calendar are ap- Proceedings relating to bills on pointed by each party’s floor the Consent Calendar are also set leader, who announces such forth in the rules. Thus, it is pro- appointments in the House. vided (19) that, In the 91st Congress, Mr. . . . On the first and third Mondays Wayne N. Aspinall, of Colorado, of each month . . . the Speaker shall one of the objectors for the Con- direct the Clerk to call the bills in nu- sent Calendar, presented in the merical order, which have been for House a statement of the rules of three legislative days upon the ‘‘Con- operation of the official objectors sent Calendar.’’ Should objection be made to the consideration of any bill so for the Consent Calendar. Such called it shall be carried over on the statement read in part as fol- calendar without prejudice to the next lows: (2) day when the ‘‘Consent Calendar’’ is On February 18, the majority and again called, and if objected to by three minority floor leaders appointed their or more Members it shall immediately respective members of the official ob- be stricken from the Calendar. . . . jectors committees, the gentleman from The objectors of both parties for Oklahoma, Mr. [Carl] Albert, ap- the Consent Calendar may agree pointed three members of his party on and announce to the House and the gentleman from Michigan, Mr. certain rules or criteria by which Gerald R. Ford, appointed three members of his party. The objectors com- the objectors will be guided in mittees are unofficial committees of their consideration of bills on the the House of Representatives, existing calendar.(20) Similarly, objectors at the request and at the pleasure of

19. Rule XIII clause 4, House Rules and 1. See § 15.5, infra. Manual § 746 (1973). 2. 115 CONG. REC. 6543, 91st Cong. 1st 20. See § 15.2, infra. Sess., Mar. 17, 1969.

201 Ch. 3 § 15 DESCHLER’S PRECEDENTS

the respective floor leaders of the two announce to the House the appoint- parties who, in order to facilitate the ment of the official Democratic objec- proper screening of legislation which tors on the Consent Calendar as fol- may be placed on the Consent Cal- lows: endar, designate members of each side The distinguished gentleman from of the aisle charged with the specific North Carolina, Mr. Deane, Chairman responsibility of seeing to it that legis- of the Committee on Consent Calendar lation passing by such procedure is in Objectors; the gentleman from Colo- the interest of good government. rado, Mr. Aspinall; and the gentleman from Massachusetts, Mr. Boland. The floor leaders generally an- Generally, three members are nounce to the House their respec- appointed to the Official Objec- tive appointments of objectors. tors’ Committee for the Consent Sometimes, the floor leader an- Calendar and three members to nounces his designation of one of the Committee of Official Objec- the objectors as Chairman of the tors for the Private Calendar. Official Objectors’ Committee. In There have been minor departures the 91st Congress, the announce- from this practice. In the 85th ment of the appointment of objec- Congress, the appointment of four tors was as follows: (3) Republican objectors for the Con-

MR. GERALD R. FORD [of Michigan]: sent Calendar was announced as ( ) Mr. Speaker, I have asked for this time follows: 5 for the purpose of announcing the offi- MR. [JOSEPH W.] MARTIN [Jr., of cial objectors for the Republican Mem- Massachusetts]: I desire to announce bers for the Consent Calendar. They the appointment on the Republican are to be as follows: the gentleman side of members on the official objec- from Washington (Mr. Pelly), the gen- tors committee on the Consent Cal- tleman from Missouri (Mr. Hall), and endar: the gentleman from Iowa, Mr. the gentleman from Pennsylvania (Mr. Cunningham; the gentleman from Wis- Johnson). consin, Mr. Byrnes; the gentleman from Michigan, Mr. Ford; and the gen- In the 84th Congress, the an- tleman from Nebraska, Mr. Weaver. nouncement of the appointment of In the 82d Congress, three Democratic objectors for the Con- Democratic objectors were ap- sent Calendar was made as fol- ( ) pointed who served on both the lows: 4 Consent and the Private Cal- MR. [JOHN W.] MCCORMACK [of Mas- endar. The announcement of the sachusetts]: Mr. Speaker, I desire to appointments was as follows: (6)

3. 115 CONG. REC. 3721, 91st Cong. 1st 5. 103 CONG. REC. 1488, 85th Cong. 1st Sess., Feb. 18, 1969. Sess., Feb. 4, 1957. 4. 101 CONG. REC. 496, 84th Cong. 1st 6. 97 CONG. REC. 792, 82d Cong. 1st Sess., Jan. 20, 1955. Sess., Jan. 31, 1951. For other in-

202 PARTY ORGANIZATION Ch. 3 § 15

MR. [JOHN W.] MCCORMACK [of Mas- agree upon certain rules and sachusetts]: Mr. Speaker . . . may I principles that will govern say that the following named Members will be the official objectors on the their consideration of bills Democratic side for the 82nd Congress on the Consent Calendar, for the Consent Calendar and the Pri- and to present a statement of vate Calendar: the gentleman from Ar- such rules and principles to kansas [Mr. Trimble], the gentleman from North Carolina [Mr. Deane], and the House. the gentleman from Colorado [Mr. In the 91st Congress,(8) Mr. Aspinall.] Wayne N. Aspinall, of Colorado, Similarly, the announcement of one of the official objectors, pre- the appointment of Democratic ob- sented a statement of the rules of jectors in the 81st Congress was operation of the official objectors ( ) made as follows: 7 for the Consent Calendar. The MR. MCCORMACK: Mr. Speaker, I de- proceedings were as follows: sire to announce the appointment of the Objectors Committee on the Demo- MR. ASPINALL: Mr. Speaker . . . one cratic side. The distinguished gen- of the most important procedures that tleman from Arkansas [Mr. Trimble], the House follows in considering legis- the distinguished gentleman from lation is known as the Consent Cal- North Carolina [Mr. Deane], and the endar operation. . . . It is under this distinguished gentleman from Colorado procedure that most of the acts of Con- [Mr. Aspinall]. The gentleman from Ar- gress which become public laws are kansas [Mr. Trimble], being the rank- considered by the House of Representa- ing Member, is Chairman of the Objec- tives. tors Committee on the Democratic It has been the practice heretofore of side. the official objectors for Consent Cal- endar committees—the majority mem- Agreement by Official Objec- bers and the minority members—to tors on Rules of Operation agree upon rules of procedure at the beginning of a session. I would sug- § 15.2 It has been the practice gest, to the new Members especially, of the official objectors to that they read the statement regarding these rules of procedure, which has the stances in which a Member was ap- approval of and bears the initials of all pointed to serve as objector for both the members of the Consent Calendar the Consent and Private Calendar, committees, three members of the ma- see 115 CONG. REC. 3721, 91st Cong. jority and three members of the minor- 1st Sess., Feb. 18, 1969; and 101 ity. CONG. REC. 496, 84th Cong. 1st The statement is as follows: Sess., Jan. 20, 1955. 7. 95 CONG. REC. 925, 81st Cong. 1st 8. 115 CONG. REC. 6543, 6544, 91st Sess., Feb. 7, 1949. Cong. 1st Sess., Mar. 17, 1969.

203 Ch. 3 § 15 DESCHLER’S PRECEDENTS

STATEMENT OF RULES OF OPERATION Official Objectors for Private OF THE OFFICIAL OBJECTORS FOR Calendar—Appointment THE CONSENT CALENDAR . . . For several sessions now ob- § 15.3 Each party’s official objectors on both sides of the aisle have followed certain rules for con- jectors for the Private Cal- sideration of Consent Calendar bills endar are appointed by the which they have made known to the party floor leader, who an- Members at the beginning of a session. These rules are not publicized nounces in the House the at this time to establish hard-and- names of those he has ap- fast procedures but rather to advise pointed. the Members of the House as to the manner in which the committee In the 89th Congress, during plans to operate throughout the 91st Congress. the course of describing proce- The members of the committee feel dures relating to the Private Cal- that generally no legislation should endar, Mr. Edward P. Boland, of pass by unanimous consent which in- Massachusetts, remarked that, volves an aggregate expenditure of more than $1 million; second, that ‘‘The majority leader and minority no bill which changes national policy leader each appoint three Mem- or international policy should be per- bers to serve as Private Calendar mitted to pass on the Consent Cal- (9) endar but rather should be afforded objectors during a Congress.’’ the opportunity of open and ex- The following announcements, tended debate; third, that any bill made in the 91st Congress, (10) which appears on the Consent Cal- endar, even though it does not represent the usual manner in change national or international pol- which the floor leader notifies the icy, or does not call for an expendi- House of his appointment of offi- ture of more than $1 million, should not be approved without the mem- cial objectors: bership being fully informed of its contents, providing it is a measure (Mr. Carl Albert, of Oklahoma, asked that would apply to the districts of a and was given permission to address majority of the Members of the the House for one minute and to revise House of Representatives . . . and extend his remarks.) fourth, that if a bill has been placed MR. ALBERT [after announcing ap- on the Consent Calendar and the pointment of Consent Calendar objec- members of the committee having jurisdiction over the legislation show tors]: that it has not been cleared by the I have also designated as official ob- Bureau of the Budget, by the respec- jectors for the majority for the Private tive Department affected by such Calendar the following Members: the legislation, or that such reports from the committee or from the Depart- 9. 111 CONG. REC. 3914, 89th Cong. 1st ment show that the legislation is not in accord with the President’s pro- Sess., Mar. 2, 1965. gram, it should not pass on the Con- 10. 115 CONG. REC. 3721, 91st Cong. 1st sent Calendar. . . . Sess., Feb. 18, 1969.

204 PARTY ORGANIZATION Ch. 3 § 15

gentleman from Massachusetts (Mr. to announce that Mr. William K. Van Boland), the gentleman from Georgia Pelt has been placed upon the list of (Mr. Davis), and the gentleman from objectors on the Private Calendar, rep- Oklahoma (Mr. Edmondson).... resenting the minority, to take the MR. GERALD R. FORD [of Michigan] place of the gentleman from Ohio [Mr. [after announcing appointment of Con- Ayres]. sent Calendar objectors]: As in the case of appointments Also, Mr. Speaker, the official objec- to the Official Objectors Com- tors for the Republican Members for mittee for the Consent Cal- the Private Calendar are to be as fol- endar,(13) announcements of ap- lows: the gentleman from Tennessee pointments to the Official Objec- (Mr. Duncan), the gentleman from tors Committee for the Private Ohio (Mr. Clarence J. Brown), and the gentleman from New Jersey (Mr. Calendar have sometimes in- Hunt). cluded the designation of a chairman.(14) In the 91st Congress, when Mr. As noted above,(15) a Member Garry E. Brown, of Michigan, was has sometimes been appointed to appointed to replace a member of serve on both the Official Objec- the Republican Objectors Com- tors Committee for the Private mittee for the Private Calendar, Calendar and the Official Objec- the following announcement was tors Committee for the Consent made by the Minority Leader: (11) Calendar. MR. GERALD R. FORD: Mr. Speaker, I announce that the Republican Mem- Functions of Official Objectors bers of the Private Calendar objectors committee for the remainder of the 2nd § 15.4 The Official Objectors session of the 91st Congress will be: Committees for the Private the gentleman from Tennessee (Mr. Calendar study all bills Duncan), the gentleman from Ohio placed on that calendar, and (Mr. Brown), and the gentleman from may make objection to any Michigan (Mr. Brown). private bill when the cal- Similarly, in the 84th Congress, endar is called. (12) on Apr. 26, 1955, the Minority In the 89th Congress, Mr. Ed- Leader announced as follows: ward P. Boland, of Massachusetts, MR. [JOSEPH W.] MARTIN [Jr., of Massachusetts]: Mr. Speaker, I desire 13. See § 15.1, supra. 14. See 101 CONG. REC. 496, 84th Cong. 11. 116 CONG. REC. 7677, 91st Cong. 2d 1st Sess., Jan. 20, 1955 (announce- Sess., Mar. 17, 1970. ment by Mr. John W. McCormack 12. 101 CONG. REC. 5120, 84th Cong. 1st [Mass.] ). Sess. 15. See § 15.1, supra.

205 Ch. 3 § 15 DESCHLER’S PRECEDENTS in the course of discussing procedures relating to the Private Cal- dures relating to the Private Cal- endar, announced as follows:(17) endar, remarked as follows: (16) The great volume of private bills and the desire to have an opportunity to The objectors have the responsibility study them carefully before they are of carefully studying all bills which are called on the Private Calendar has placed on the Private Calendar. When caused the six objectors to agree upon the Private Calendar is called, the ob- certain ground rules. Those rules limit jectors are on the floor ready to object consideration of bills placed on the Pri- to any private bill which they feel is vate Calendar only shortly before the objectionable for any reason. Seated Calendar is called. The agreement is as follows: near them to provide technical assistance are the majority and minority leg- Reaffirming the policy initially islative clerks. adopted on June 3, 1958, the members of the majority and minority Should any Member have a doubt or Private Calendar objectors commit- question about a particular private tees have today agreed that during bill, he can get assistance from the ob- the 89th Congress they will consider jectors, their clerks, or from the Mem- only those bills which have been on ber who introduced the bill. the Private Calendar for a period of seven calendar days, excluding the day the bills are reported and the Agreement as to Bills to be day the Private Calendar is called. Considered It is agreed that the majority and minority legislative clerks will not submit to the objectors any bills § 15.5 The official majority and which do not meet this requirement. minority objectors for the This policy will be strictly ob- Private Calendar agree upon served except during the closing days of each session when House rules governing their consid- rules are suspended. eration of private bills, and announce such rules in the House. The official objectors § 16. Campaign Commit- usually agree that they will tees; Informal Party consider only those bills Groups which have been on the Pri- vate Calendar for a period of Party campaign committees seven calendar days. exist for the purpose of aiding in In the 89th Congress, Mr. Ed- 17. 111 CONG. REC. 3914, 3915, 89th ward P. Boland, of Massachusetts, Cong. 1st Sess., Mar. 2, 1965. Simi- in the course of describing proce- lar announcements have been made in other Congresses; see, for exam- 16. 111 CONG. REC. 3914, 89th Cong. 1st ple, 115 CONG. REC. 6656, 91st Cong. Sess., Mar. 2, 1965. 1st Sess., Mar. 18, 1969.

206 PARTY ORGANIZATION Ch. 3 § 16 the election of party members to chairmen. The Democratic Study the House.(18) The campaign com- Group maintains a ‘‘whip’’ system mittees raise and distribute cam- for purposes of ensuring its mem- paign funds for use in the general bers’ attendance in the House elections in order to effectuate when matters of interest to the such purpose.(19) The Chairman of group are under consideration. the Democratic Congressional Campaign Committee in past Con- The Republican Wednesday gresses has been an ex officio Club also conducts research and member of the Steering Com- furnishes information to its mem- mittee.(20) bers with respect to issues that In addition to the formal party are of interest to the club. The structure with which this chapter status of pending legislation is is primarily concerned, there exist discussed at meetings of the a number of informal party club.(2) groups. For example, the Demo- The above groups are discussed cratic Study Group (1) conducts re- merely by way of example, there search and prepares reports with respect to issues relating to pro- being a number of informal posed legislation, and has been in- groups of a political or social na- fluential in promoting certain ture among the membership of party reforms, such as procedures the House. The membership of in the caucus for voting on nomi- some of the informal groups is bi- nations for standing committee partisan.

18. See the discussion of party campaign 1. For further discussion of the Demo- committees in Congressional cratic Study Group, see Ripley, Ran- Quarterly’s Guide to the Congress of dall B., Party Leaders in the House the United States, Congressional of Representatives, The Brookings In- Quarterly Service (Washington, D.C., stitution (Washington, D.C., 1967), 1971), p. 606. pp. 38 (note), 124, 176. 19. Certain provisions of Rule XLIII of 2. For further discussion of the the House rules are of interest on Wednesday Club and other Repub- the subject of campaign funds gen- lican clubs, see Ripley, Randall B., erally. See Rule XLIII clauses 6, 7 Party Leaders in the House of Rep- (House Rules and Manual § 939, resentatives, The Brookings Institu- 1973). tion (Washington, D.C., 1967), pp. 20. See § 13, supra. 178 and 179 (note).

207 Ch. 3 § 17 DESCHLER’S PRECEDENTS

D. FLOOR LEADERS § 17. In General the Speakership,(6) a new floor leader is elected by the caucus or [Note: The following is descrip- conference in the usual manner.(7) tive of practices in effect in some If a floor leader intends to be tem- Congresses. For discussion of any porarily absent from the House, current modification of the office he may designate a person to act or role of floor leader, consult sup- for him, and may announce such plements to this edition as they designation to the House.(8) appear.] A party’s floor leader, in con- Each party’s caucus or conjunction with other party leaders, ference elects a floor leader; (3) the plays an influential role in the chairman of the caucus or con- formulation of party policy and ference announces the selection of programs. He is instrumental in his party’s floor leader to the guiding legislation favored by his House.(4) At times in the past, a party through the House, or in re- third party has organized in the sisting those programs of the House and elected a floor leader other party that are considered in a party caucus or conference.(5) undesirable by his own party. He If a vacancy exists in the post of is instrumental in devising and floor leader, as where a party’s implementing his party’s strategy floor leader has been elevated to on the floor with respect to promoting or opposing legislation.(9) 3. § 17.1, infra. The minority party’s candidate for Speaker normally be- 6. Majority Leaders have frequently comes that party’s floor leader. See succeeded to the Speakership. See Riddick, Floyd M., Congressional Congressional Quarterly’s Guide to Procedure, Chapman and Grimes the Congress of the United States, (Boston, 1941), p. 34. Congressional Quarterly Service Collateral reference: Ripley, (Washington, D.C., 1971), p. 141. Randall B., Party Leaders in the 7. See § 17.2, infra. House of Representatives, The Brook- 8. § 17.4, infra. ings Institution (Washington, D.C., 9. For general discussion of the func- 1967), pp. 24–28 (development of of- tions and duties of the floor leader, fice of Majority Leader); 28–32 (de- see, in addition to ensuing sections velopment of office of Minority Lead- in this chapter, 8 Cannon’s Prece- er); 57, 58, 61–63, 66, 67, 74, 75 dents § 3614. (functions of party floor leaders). So that the floor leaders may ful- 4. § 17.1, infra. fill their floor duties more easily and 5. See § 17.3, infra. be available or visible to members of

208 PARTY ORGANIZATION Ch. 3 § 17

He is kept constantly informed as But the floor leader is more to the status of legislative busi- than a partisan leader. He is an ness and as to the sentiment of integral, though to some extent, his party respecting particular unofficial,(14) part of the legisla- legislation under consideration. tive machinery of the House itself. Such information is derived in The floor leader, particularly the part from the floor leader’s con- Majority Leader, exercises consid- tacts with his party’s members erable authority with respect to serving on House committees, and legislative scheduling, or the order with the members of the party’s of business.(15) Thus, the floor (10) whip organization. leader assumes a large measure of In his role as party leader, he responsibility for the procedural protects the interests of individual aspects of transacting legislative members of his party whenever business; his knowledge of House (11) possible, and exercises leader- procedures is employed to expe- ship with respect to legislative dite the consideration of legisla- proceedings that concern the tive proposals. party as a whole. He appoints party members to certain posi- In addition to playing a key role tions that are of importance in the in the procedural aspects of House legislative process; thus, he ap- business, the floor leader may as- points the official objectors for the sume responsibilities relating to Private and Consent Calendars (12) resolutions of a more substantive and, in the case of the Democratic nature, particularly resolutions floor leader, appoints the party that concern the operations of the whip.(13) House itself or the government as a whole. Thus, a floor leader their parties, aisle seats at tables on the floor of the House are reserved pointments to certain positions to be for their use except in the Com- filled by the Minority Leader, subject mittee of the Whole. See Cannon’s to the approval of the Speaker. See Procedure in the House of Represent- 95 CONG. REC. 640, 641, 81st Cong. atives, H. Doc. No. 122, 86th Cong. 1st Sess., Jan. 24, 1949 (H. Res. 62, 1st Sess. (1959), p. 221. pertaining in part to certain assist- 10. See § 23, infra. ant clerkships). 11. See, for example, § 19.4, infra. 14. See 8 Cannon’s Precedents § 3614, 12. See § § 15.1, 15.3, supra, and 20.1, particularly Cannon’s comment that, infra. ‘‘The Rules contain no provision re- 13. See § 20.3, infra. lating to the selection or duties of On occasion, the House has pro- the party floor leaders. . . .’’ vided by simple resolution for ap- 15. See § 18, infra.

209 Ch. 3 § 17 DESCHLER’S PRECEDENTS might offer resolutions concerning sions concerned with physical im- the adoption of rules for the Con- provements to be made at the gress; (16) the appointment of a Capitol. Thus, in the 91st Con- committee to notify the President gress, the House approved a Sen- of the assembly of Congress; (17) ate bill whereby the membership the authorization of additional on the Commission on the Exten- memberships on a committee; (18) sion of the Capitol, which origi- the assignment of party members nally consisted of the Speaker, the to House committees; (19) the con- President of the Senate, the Mi- sideration of action to be taken by nority Leaders of the two Houses, the House against a Member and the Architect of the Capitol, charged with misconduct;(20) and was enlarged to include the Ma- an increase in the salary of the jority Leaders of the House and ( ) President. 1 Frequently, resolu- the Senate.(4) tions introduced in the House, One Majority Leader re- whether by the floor leader or by marked,(5) with reference to duties others, are the culmination of of the office that transcend those agreements reached by the leader- of partisan leadership: ship, particularly the floor leaders, of both parties.(2) One of the primary duties of the majority leader . . . I consider to be that The floor leaders may be con- of protecting the rights of the indi- sulted, or assume some respon- vidual Member, to see that the rights sibilities, with respect to the regu- of the individual Member, particularly lation of the use of physical facilities of the House, or the protec- 4. See 115 CONG. REC. 26568, 26569, tion of privileges relating to such 91st Cong. 1st Sess., Sept. 23, 1969. use.(3) Moreover, the floor leaders See also 40 USCA § 166 (note referring to § 101 of Act of Aug. 5, 1955, may be asked to serve on commis- Ch. 568, 69 Statutes 515, as amended by Pub. L. 91–77, Sept. 29, 1969, 16. See § 17.7, infra. 83 Statutes 124). The change noted 17. § 21.3, infra. above was for purposes of ensuring 18. § 17.8, infra. equal representation of the two par- 19. See § 19.7, infra. See § 17.12, infra, ties on the commission. for discussion of a resolution electing 5. 106 CONG. REC. 19161, 86th Cong. a committee chairman to certain 2d Sess., Sept. 1, 1960. The remarks joint committees. were those of Mr. John W. McCor- 20. § 17.11, infra. mack (Mass.), who later as Speaker 1. § 17.13, infra. expressed the similar concern of a 2. See, for example, § 17.8, infra. Speaker for the rights of all Mem- 3. See §§ 17.16, 17.17, infra. bers of the House (see § 1, supra).

210 PARTY ORGANIZATION Ch. 3 § 17

of the minority party, are not tres- dential or Vice Presidential can- passed upon. didates entitled to receive secret The Majority Leader frequently service protection.(10) (6) acts as Speaker pro tempore; the Minority Leader has also served in this capacity during pro- Election of Floor Leader; An- ceedings of a ceremonial nature.(7) nouncement It is frequently the province of the floor leader to perform certain § 17.1 Each party’s caucus or ceremonial duties; to make an- conference elects a party nouncements concerning formal floor leader, and the caucus events; to extend certain cour- or conference chairman an- tesies; or to give expression to the nounces the name of his par- gratitude, good wishes, and the ty’s floor leader to the House. like, of Members of his party or In the 92d Congress, following the House.(8) the administration of the oath of On occasion, a floor leader has office to the Members of the been assigned a position on a House, the announcements re- standing committee of the House specting the election of party floor in the same manner as other leaders were made as follows:(11) members of his party.(9) Ordi- MR. [OLIN E.] TEAGUE of Texas: Mr. narily, however, floor leaders are Speaker, as chairman of the Demo- not assigned to standing commit- cratic caucus, I have been directed to tees. report to the House that the Demo- It may be mentioned that, in cratic Members have selected unanimously as majority leader the gen- addition to serving on those com- tleman from Louisiana, the Honorable mittees or commissions already Hale Boggs. mentioned above and in ensuing MR. [JOHN B.] ANDERSON of Illinois: sections, the Minority Leader is Mr. Speaker, as chairman of the Re- among those who serve on an ad- publican conference, I am directed by visory committee to the Secretary 10. Pub. L. No. 90–331, June 6, 1968, 82 of the Treasury, who consults Stat. 170, referred to in 18 USC with such committee in deter- § 3056 and note thereto. mining who are major Presi- 11. 117 CONG. REC. 13, 92d Cong. 1st Sess., Jan. 21, 1971. For examples of 6. § 17.5, infra. See also Ch. 6, infra. similar proceedings, see 115 CONG. 7. See § 21.10, infra. REC. 34, 91st Cong. 1st Sess., Jan. 3, 8. See § 21, infra. 1969; and 113 CONG. REC. 27, 90th 9. See § 17.18, infra. Cong. 1st Sess., Jan. 10, 1967.

211 Ch. 3 § 17 DESCHLER’S PRECEDENTS

that conference to officially notify the mack during the first session. House that the gentleman from Michi- During the caucus, Mr. Richard gan, the Honorable Gerald R. Ford, Bolling, of Missouri, who had has been unanimously selected as the withdrawn as a candidate for Ma- minority leader of the House. jority Leader before the caucus, asked unanimous consent that the Election to Fill Unexpected Va- caucus proceed to the selection of cancy a new Majority Leader to serve § 17.2 When a vacancy exists in when Mr. McCormack was elevated to the Speakership. There the office of floor leader, as being no objection to this request, by reason of the floor lead- the caucus then chose Mr. Carl er’s elevation to the Speaker- Albert, of Oklahoma, as Majority ship, the election of a new Leader. The announcement of floor leader and the an- such selection was made in the nouncement respecting such House as follows: (12) election take place in the MR. WALTER: Mr. Speaker, as chair- usual manner. man of the Democratic caucus I am di- Parliamentarian’s Note: When rected to report to the House that the Democratic Members have selected as the second session of the 87th majority leader the gentleman from Congress met on Jan. 10, 1962, a Oklahoma, the Honorable Carl Albert. vacancy existed in the Speaker- ship due to the death of Speaker Election of Floor Leader by Sam Rayburn, of Texas, on Nov. Third Party 16, 1961. The Chairman of the Democratic Caucus, Francis E. § 17.3 On occasion, a third Walter, of Pennsylvania, called a party in the House has orga- meeting of the caucus for Jan. 9 nized as a caucus or con- for the purpose of selecting a can- ference and elected a floor didate for Speaker. No other busi- leader, whose name has been ness was scheduled for this meet- announced to the House in ing. Before the 9th, however, it the usual manner. became apparent that Mr. John The following announcement W. McCormack, of Massachusetts, was made in the 75th Con- ( ) would be unopposed in the caucus gress: 13 as the candidate for Speaker. His 12. 108 CONG. REC. 7, 87th Cong. 2d selection would create a vacancy Sess., Jan. 10, 1962. in the office of the Majority Lead- 13. 81 CONG. REC. 15, 75th Cong. 1st er, a position held by Mr. McCor- Sess., Jan. 5, 1937. 212 PARTY ORGANIZATION Ch. 3 § 17

MR. [GARDNER R.] WITHROW [of Wis- Majority Leader or others have consin]: Mr. Speaker, I announce to assumed the chair when des- the House that the Farmer-Labor-Pro- ignated Speaker pro tempore. The gressive Party’s conference by unani- proceedings, which took place im- mous consent selected Hon. Gerald J. Boileau, of Wisconsin, as floor leader mediately before the offering of for the Seventy-fifth Congress. [Ap- the prayer, and after the Majority plause.] Leader called the House to order, were as follows: Announcement as to Acting The Speaker pro tempore laid before Majority Leader the House the following communication from the Speaker: § 17.4 On occasion, a Majority JANUARY 16, 1969. Leader expecting to be ab- I hereby designate the Honorable Carl Albert to act as Speaker pro sent has announced in the tempore today. House the name of one to JOHN W. MCCORMACK, Speaker of the House serve as acting Majority of Representatives. Leader. Similar proceedings occur regu- In the 77th Congress, the Ma- larly.(16) jority Leader announced as fol- In the 89th Congress, Majority lows: (14) Leader Carl Albert, of Oklahoma, Speaker pro tempore by designa- MR. [JOHN W.] MCCORMACK [of Mas- sachusetts]: Mr. Speaker, I desire to tion, left the chair pending the of- announce that during my absence the fering of a resolution electing him gentleman from Missouri [Mr. John J. as Speaker pro tempore during Cochran] will act as majority leader. the absence of Speaker John W. McCormack, of Massachusetts. Selection of Floor Leader as The proceedings and the resolu- Speaker Pro Tempore tion, which was offered by the Chairman of the Democratic Cau- § 17.5 Frequently, the Majority cus, were as follows: (17) Leader is designated or elect- The Speaker pro tempore (Mr. Al- ed Speaker pro tempore. bert) laid before the House the following communication: The following excerpt from the ( ) Record of the 91st Congress 15 ex- 16. See, for example, 114 CONG. REC. emplifies the manner in which the 3908, 90th Cong. 2d Sess., Feb. 22, 1968; and 113 CONG. REC. 28948, 14. 88 CONG. REC. 6668, 77th Cong. 2d 90th Cong. 1st Sess., Oct. 16, 1967. Sess., July 27, 1942. See also Ch. 6, infra. 15. 115 CONG. REC. 1075, 91st Cong. 1st 17. 112 CONG. REC. 5, 6, 89th Cong. 2d Sess., Jan. 16, 1969. Sess., Jan. 10, 1966.

213 Ch. 3 § 17 DESCHLER’S PRECEDENTS

. . . I hereby designate the Honor- Parliamentarian’s Note: Speaker able Carl Albert to act as Speaker pro John W. McCormack whose broth- tempore today. JOHN W. MCCORMACK, er died on Jan. 7, was not in Speaker of the House Washington for the convening of of Representatives. the second session of the 89th Following the prayer, certain Congress. Since the duration of other business, and the call of the the Speaker’s absence was uncer- House, the proceedings were as tain, and since there were new follows: Members present to be sworn as THE SPEAKER PRO TEMPORE: The well as business requiring signa- Chair requests the gentleman from ture, the election of a Speaker pro Louisiana [Mr. Boggs] to assume the tempore was considered essential. chair. Similar proceedings had taken Mr. [Hale] Boggs assumed the chair (18) as Speaker pro tempore. place in the 88th Congress. THE SPEAKER PRO TEMPORE (Mr. Boggs): The Chair recognizes the gen- Responsibilities as to Recom- tleman from New York [Mr. Keogh]. mittal Motion MR. [EUGENE J.] KEOGH: Mr. Speak- er, on account of the unavoidable ab- § 17.6 A floor leader on occa- sence of the Speaker due to the death sion has assumed certain re- of his beloved brother, and at his responsibilities for the form, quest, I offer a resolution and ask for its immediate consideration. content, and introduction of The Clerk read the resolution as fol- a recommittal motion, allows: though in favor of the bill that was to be the subject of H. RES. 627 such motion. Resolved, That Hon. Carl Albert, a Representative from the State of In the 91st Congress, during a Oklahoma, be, and he is hereby, debate on the deployment of an elected Speaker pro tempore during the absence of the Speaker. anti-ballistic missile system, con- Resolved, That the President of the siderable discussion centered on a Senate be notified by the Clerk of prospective motion to recommit the election of the Honorable Carl Albert as Speaker pro tempore dur- the bill containing provisions re- ing the absence of the Speaker. lating to the system. In the course The resolution was agreed to. of that discussion, some of which A motion to reconsider was laid on appears below, Minority Leader the table. Gerald R. Ford, of Michigan, made Mr. Albert assumed the chair as Speaker pro tempore and Mr. Celler 18. See 109 CONG. REC. 22015, 88th administered the oath of office. Cong. 1st Sess., Nov. 18, 1963.

214 PARTY ORGANIZATION Ch. 3 § 17 certain comments relating to his Since that is the real issue . . . we responsibilities with respect to the must have it presented . . . in a clear motion to recommit, and with re- and precise way. . . . spect to the manner in which the For this reason, the motion to recommit should contain instructions to issues surrounding the anti-bal- merely stop the deployment of the listic missile system should be ABM. It should not . . . contain in- presented to the House. The pro- structions to stop research and devel- ceedings in part were as fol- opment on the ABM because this is not lows: (19) the question and because this would give a highly inaccurate and unfair pic- MR. [JONATHAN B.] BINGHAM [of ture of what we in this body sincerely New York]: . . . Turning to the motion feel. to recommit which I understand will . . . I also understand that the gen- be offered, to strike not only the funds tleman who will offer the motion on for deployment of ABM but also the the ABM, the gentleman from Wis- funds for continuing research and de- consin (Mr. O’Konski), which motion velopment, I consider the decision of will cover both research and develop- the minority leader that this should be ment and deployment of the system, the form of the motion an outrageous voted for the bill by proxy. In other example of the use of arbitrary power. words, he voted for the ABM’ but he is The position stated in the motion to re- now introducing a motion against the commit is not a position that has been ABM. . . . advocated by any Member of the House during the course of debate. To word Now the only one present on the mi- the motion to recommit in this way nority side, the gentleman from Ohio represents a crude effort to reduce the (Mr. Whalen), voted against the bill in number of votes on record against the committee. Therefore, and this seems Safeguard system. clear to me, he should be the one offer- . . . Should the ‘‘previous question’’ ing the motion with his instructions at- fail to pass, I would welcome the tached to it. . . . chance to vote for the 10-percent The only way the motion to recom- across-the-board cut in this authoriza- mit can be amended is when the pre- tion several Members hope to offer as vious question is ordered, defeat it. an alternative recommittal motion. . . . This defeat will then open up the ... motion to recommit to amendment. I MR. [SILVIO O.] CONTE [of Massachu- would hope that in these new amend- setts]: . . . The issue . . . is whether ments, after the previous question is to deploy the ABM. This specific ques- out of the picture, we could face de- tion was defeated by a very close vote ployment of the ABM squarely for all of 50 to 50 in the Senate. And it is that the people to see. . . . specific question to which we must now MR. GERALD R. FORD: . . . Mr. direct our attention. Chairman, at a later time I had planned to announce what the motion 19. 115 CONG. REC. 28451–28453, 91st to recommit would be . . . [but] I be- Cong. 1st Sess., Oct. 3, 1969. lieve it is appropriate. I do it now.

215 Ch. 3 § 17 DESCHLER’S PRECEDENTS

First let me say the motion to recom- whether or not we are going to have an mit will be to strike all of the ABM au- ABM system. thorizations, $746.4 million. It will not We have been appropriating for re- be the amendment offered by the gen- search, development, test, and engi- tleman from California (Mr. Charles H. neering for some 15 to 16 years, and Wilson) which was defeated yesterday now the time has come to lay the mat- by a vote of 219 to 105. ter to rest, to fish or cut bait. Let me speak, if I may, to the gen- So far as I am concerned, the vote tleman from Ohio. About last Tuesday, today will be on that basis. I went over to the gentleman from Under the parliamentary situation, Ohio and said we wanted to vote on of course, Members can try to get a the ABM on the motion to recommit. I vote on the previous question, open it offered to him the motion to recommit up, and then we will see what hap- on the ABM. I said he had 24 hours to pens, but from my point of view a 1- discuss it, to think about it, but I year delay in the authorization will would appreciate within 24 hours his bring about dire results the committee answer. The next day the gentleman points out. . . . from Ohio came back and said that he Let me say right here and now that did not want the motion to recommit the time has come where the issue on those terms, he wanted to offer a ought to be settled fundamentally. I motion to cut dollars out of the author- believe I exercised good sense and good ization bill. judgment in offering to the gentleman Am I correct or incorrect? from Ohio (Mr. Whalen) an oppor- MR. [CHARLES W.] WHALEN [Jr., of tunity. He did not accept it. We have Ohio]: The gentleman is exactly cor- made other plans, and I hope that the rect. I would hasten to add one other House as a whole backs up this deci- comment he made. The gentleman in- sion to make the basic decision one dicated to me . . . [that] if I did not way or the other on the ABM. offer this recommittal motion he would Later in the proceedings, the get someone who would. following motion to recommit was MR. GERALD R. FORD: That is per- fectly true. That is my responsibility, offered by Mr. Alvin E. O’Konski, (20) and I intend to carry it out, and we are of Wisconsin: going to carry it out this way, subject, Mr. O’Konski moves to recommit the of course, to the will of the House. bill H.R. 14000 to the Committee on Now, may I proceed. Armed Services with instructions to re- The defeat yesterday by a vote of port it back forthwith with the fol- 219 to 105 I believe laid to rest the de- lowing amendments: nial of the deployment of the ABM. A On page 2, line 6, delete the figure rollcall on that issue in motion to re- ‘‘$780,460,000’’ and substitute commit at this time would be totally ‘‘$434,960,000’’; . . . repetitious. Therefore, I believe the time has come that we actually have a 20. 115 CONG. REC. 28487, 91st Cong. vote on the basic issue, which is 1st Sess., Oct. 3, 1969.

216 PARTY ORGANIZATION Ch. 3 § 17

A point of order was made, jority Leader Carl Albert, of Okla- based on the principle that a homa, offered a resolution calling Member opposed to the bill as a for adoption of the rules of the whole is entitled to prior recogni- 87th Congress, together with ap- tion, for purposes of offering a mo- plicable provisions of the Legisla- tion to recommit, over a Member tive Reorganization Act of 1946, opposed to a portion of the bill; it as amended, and with an amend- was contended that Mr. O’Konski, ment calling for an increase in the as one opposed to the bill ‘‘only in membership of the Committee on its present form,’’ should yield to Rules. one who voted against the entire In the 89th Congress,(5) the Ma- bill. The point of order was over- jority Leader also offered the reso- (1) ruled, however, and, after the lution relating to adoption of previous question was ordered, rules. The resolution again called the motion to recommit was re- for a controversial amendment af- (2) jected. fecting the Committee on Rules, Resolutions as to Adoption of in this instance the incorporation of the ‘‘21-day rule.’’ (6) It is worth Rules noting that the Majority Leader, § 17.7 On occasion, the Major- in offering and participating in de- ity Leader has offered the bate on the resolution, was acting resolution calling for adop- under instructions of the Demo- tion of House rules. cratic Caucus, as the Majority Leader indicated in the following Although the resolution per- (7) taining to adoption of the rules at exchange: the beginning of a Congress is MR. [CLARENCE J.] BROWN of Ohio: usually offered by the former . . . Will the gentleman yield for me to Chairman of the Committee on offer a perfecting amendment? . . . Rules for that Congress,(3) the res- MR. [CARL] ALBERT [of Oklahoma]: May I say to the gentleman that this olution on occasion has been of- resolution is being offered under in- fered by the Majority Leader. structions of the Democratic caucus. I Thus, in the 88th Congress,(4) Ma- am the agent of the caucus for that

1. Id. 5. 111 CONG. REC. 21, 89th Cong. 1st 2. 115 CONG. REC. 28488, 91st Cong. Sess., Jan. 4, 1965. 1st Sess., Oct. 3, 1969. 6. See 111 CONG. REC. 21, 89th Cong. 3. See Ch. 1, supra. 1st Sess., Jan. 4, 1965. 4. 109 CONG. REC. 14, 88th Cong. 1st 7. 111 CONG. REC. 23, 89th Cong. 1st Sess., Jan. 9, 1963. Sess., Jan. 4, 1965.

217 Ch. 3 § 17 DESCHLER’S PRECEDENTS

purpose. I have no authority to yield the remarks of Mr. Albert, the mi- for amendment or to yield for any pur- nority party leadership had been pose in order to allow the bill to be di- consulted with respect to issues vided. relating to the resolution. The res- In the 90th Congress,(8) Major- olution offered by Mr. Albert was ity Leader Albert offered a resolu- as follows: (11) tion calling for adoption of House H. RES. 114 rules, including the 21-day rule Resolved, That during the Eighty- which had been adopted in the ninth Congress, the Committee on 89th Congress. Following discus- Government Operations shall be Com- sion of the 21-day rule and other posed of thirty-four members. matters, a motion to order the After the resolution was read, previous question with respect to Gerald R. Ford, of Michigan, the the resolution was rejected.(9) An Minority Leader, asked that the amendment repealing the 21-day Majority Leader indicate the dis- rule was then adopted.(10) tribution of the additional members of the Committee. Mr. Resolutions as to Size of Com- Albert’s reply was as follows: (12) mittees This is an addition of three memberships to the Committee on Government § 17.8 A resolution increasing Operations two of which will be as- the size of the Committee on signed to the majority and one of which will be assigned to the minority. Government Operations was This is a matter which has been offered by the Majority Lead- worked out, as a few other matters er, the minority party leader- have been, between the leadership on ship having been consulted both sides for the convenience of the House. with respect to issues relating to the resolution. § 17.9 The Majority Leader of- In the 89th Congress, Majority fered a resolution stating the Leader Carl Albert, of Oklahoma, size of certain standing com- offered a resolution increasing the mittees. size of the Committee on Govern- On Jan. 16, 1967,(13) Majority ment Operations. As indicated in Leader Carl Albert, of Oklahoma,

8. 113 CONG. REC. 28, 90th Cong. 1st 11. 111 CONG. REC. 660, 89th Cong. 1st Sess., Jan. 10, 1967. Sess., Jan. 14, 1965. 9. 113 CONG. REC. 31, 90th Cong. 1st 12. 111 CONG. REC. 661, 89th Cong. 1st Sess., Jan. 10, 1967. Sess., Jan. 14, 1965. 10. 113 CONG. REC. 33, 90th Cong. 1st 13. 113 CONG. REC. 445, 90th Cong. 1st Sess., Jan. 10, 1967. Sess.

218 PARTY ORGANIZATION Ch. 3 § 17 offered the following resolution Arms, and the compensation of the special employee, Office of the Door- (H. Res. 128): keeper, shall be at the basic rate of Resolved, That during the Ninetieth $4,000 per annum, respectively. . . . Congress the Committee on Agri- Sec. 4. There shall be paid out of the contingent fund of the House, culture shall be composed of thirty-five until otherwise provided by law, members; compensation at the basic rate of The Committee on Appropriations $5,000 per annum for the services of shall be composed of fifty-one an assistant Journal clerk; com- members . . . pensation at the basic rate of $5,000 per annum for the services of an assistant tally clerk; compensation at Resolutions as to Minority Em- the basic rate of $3,900 per annum ployees for the services of an assistant enrolling clerk; compensation at the basic rate of $3,000 per annum for § 17.10 The floor leader has of- the services of an assistant bill clerk; fered resolutions relating to all of whom shall be designated by the positions of certain mi- the minority leader subject to the approval of the Speaker. . . . nority employees in the House. MR. MCCORMACK. Mr. Speaker, it has long been recognized by the leader- ( ) On Jan. 27, 1949, 14 the Major- ship of the House that it was desirous ity Leader, John W. McCormack, to have a corps of trained personnel to of Massachusetts, offered a resolu- function in the various key positions tion having reference to the ap- under the service of the House. In pointment of certain minority em- order to accomplish that, the resolution ployees of the House. The pro- creates four assistant clerkships which shall be taken out of patronage and ceedings, including Mr. McCor- filled by competent men who have mack’s remarks in explanation of proved their worth. . . . the purposes of the resolution, If this resolution is not adopted at were as follows: this time the men who held the jobs as head of these various departments will MR. MCCORMACK: Mr. Speaker, I leave the service of the House and offer resolution (H. Res. 62) and ask for its immediate consideration. their experience and efficiency will be lost. It is desirable that they not only The Clerk read the resolution, as fol- assist in training the top men of the lows: various departments who will shortly Resolved, be appointed but will aid appreciably Sec. 2. That effective January 4, in ameliorating the work of these de- 1949, the compensation of the Dep- uty Sergeant at Arms in Charge of partments. Pairs, Office of the Sergeant at It was contemplated in the Legisla- tive Reorganization Act that career 14. 95 CONG. REC. 640, 641, 81st Cong. employees should be provided for in 1st Sess. the staffing of committees but nothing

219 Ch. 3 § 17 DESCHLER’S PRECEDENTS

tangible was done concerning the em- tion previously introduced, ployees of the House directly. This res- an amendment deferring ad- olution will take care of that need by providing a career service for the em- ministration of the oath to a ployees who have proved their worth. Member-elect and providing In the unhappy event that the that a select committee con- present majority of the House should sider the right of such Mem- become the minority in the Eighty-sec- ber-elect to be sworn. ond Congress then the top men in the departments in this Congress would be In the 90th Congress, objection designated by the next minority leader was made to the administration of to fill the clerkships that this resolu- the oath to Adam Clayton Powell, tion provides, so that in the future Jr., of New York, and a resolution there will always be majority and mi- was thereafter offered directing nority employees who are experienced the Speaker (16) to administer the and trustworthy. oath to Mr. Powell, but referring On June 17, 1969,(15) Minority the question of Mr. Powell’s final Leader Gerald R. Ford, of Michi- right to be sworn to a select committee.(17) gan, offered a resolution relating Following some debate, the to the positions of certain minor- Member who had offered the reso- ity employees in the House of lution moved the previous ques- Representatives. The resolution tion, and the motion was rejected. provided that certain designated Immediately thereafter,(18) the Mi- employees be given the titles of nority Leader offered a substitute ‘‘Floor Assistant to the Minority,’’ amendment deferring the admin- ‘‘Pair Clerk to the Minority,’’ and istration of the oath to Mr. Powell ‘‘Staff Director to the Minority,’’ until the House had considered a and contained further provisions report from a special committee relating to compensation of such on Mr. Powell’s rights. The substitute amendment was agreed to, employees. and the resolution then adopted.(19) Right of Member-elect to be Sworn 16. John W. McCormack (Mass.). 17. 113 CONG. REC. 14, 15, 90th Cong. § 17.11 In the 90th Congress, 1st Sess., Jan. 10, 1967. For general the Minority Leader offered, discussion of the rights of the House with respect to determining the as a substitute for a resolu- qualifications of its Members, see Chs. 7, 12, infra. 15. 115 CONG. REC. 16196, 91st Cong. 18. 113 CONG. REC. 24, 90th Cong. 1st 1st Sess. Sess., Jan. 10, 1967. For general discussion of employ- 19. 113 CONG. REC. 26, 27, 90th Cong. ees of the House, see Ch. 6, infra. 1st Sess., Jan. 10, 1967.

220 PARTY ORGANIZATION Ch. 3 § 17

Resolutions as to Election of MR. ALBERT: Mr. Speaker, I move to Member to Joint Committee suspend the rules and pass the bill (H.R. 10) to increase the per annum § 17.12 The Majority Leader of- rate of compensation for the President fered a resolution electing a of the United States. Member to joint committees. The Clerk read as follows: Be it enacted by the Senate and In the 90th Congress, Majority House of Representatives of the Leader Carl Albert, of Oklahoma, United States of America in Congress offered a resolution electing the assembled, That section 102 of title Chairman of the Committee on 3, United States Code, is amended House Administration to certain by striking out ‘‘$100,000’’ and in- ( ) serting in lieu thereof ‘‘$200,000’’. joint committees, as follows: 20 Sec. 2. The amendment made by this Act shall take effect at noon on H. RES. 1278 January 20, 1969. Resolved, That the gentleman from THE PEAKER (2) Maryland, Mr. Friedel be, and he is S : Is a second de- hereby elected a member of the Joint manded Committee on Printing, and a member MR. [H.R.] GROSS [of Iowa]: Mr. of the Joint Committee of Congress on Speaker, I demand a second. the Library. THE SPEAKER: Without objection, a The resolution was agreed to. second will be considered as ordered. There was no objection. . . . Resolutions Acting Salaries MR. ALBERT: . . . Mr. Speaker, as Members all know, this is the first sus- § 17.13 In the 91st Congress, pension bill of the 91st Congress. Nor- the Majority Leader moved mally, the Speaker would not recognize to suspend the rules and Members to call up bills under suspen- pass a bill increasing the sion of the rules this early in the term President’s salary; the reso- and without committee consideration. lution was jointly offered by The only reason that this method has been used on this occasion is that it the Majority and Minority presents to the House the opportunity Leader and others. to consider this legislation before the On Jan. 6, 1969, Majority Lead- new President takes office. Members er Carl Albert, of Oklahoma, know that under article II, section 1, moved to suspend the rules and clause 7, of the Constitution the salary pass a bill increasing the com- of the President of the United States pensation of the President. The cannot be increased during his term of proceedings were as follows: (1) office. Therefore, if the matter is to be handled at all, it must be passed by 20. 114 CONG. REC. 24368, 90th Cong. both Houses of the Congress and 2d Sess., July 31, 1968. signed by the President before noon on 1. 115 CONG. REC. 172, 91st Cong. 1st Sess. 2. John W. McCormack (Mass.).

221 Ch. 3 § 17 DESCHLER’S PRECEDENTS

January 20. Members further know, Responsibilities Relating to Mr. Speaker, that committee assign- Capitol Facilities ments have not been made and will not be made in time for normal hear- § 17.15 The Majority and Mi- ings and proceedings to be had in order to consider this bill by the dead- nority Leaders of the House line. were included in the mem- In view of these circumstances, the bership of the Commission distinguished minority leader and the on the Extension of the Cap- distinguished Chairman and ranking itol. member of the Committee on Post Of- fice and Civil Service and myself have The membership on the Com- jointly offered this resolution for the mission on the Extension of the consideration of the Members of the Capitol, which originally consisted House. . . . of the Speaker, the President of In the ensuing debate, the fol- the Senate, the Minority Leaders lowing remarks were made by the of the two Houses, and the Archi- Minority Leader:(3) tect of the Capitol, was enlarged MR. GERALD R. FORD [of Michigan]: in the 91st Congress to include . . . I compliment [the Majority Lead- the Majority Leaders of the House er] for taking the initiative in advo- and Senate.(6) cating this legislation for a President not of his own party. . . . § 17.16 On certain occasions, After some debate, the question the Speaker has consulted was taken, and, two-thirds having with the floor leaders of both voted in favor thereof, the rules parties with respect to the were suspended and the bill was regulation of floor privileges. passed.(4) In the 87th Congress, the § 17.14 The Majority Leader of- Speaker made an announce- fered a resolution relating to ment (7) concerning floor privileges the appointment and salaries and related matters, which he in- of certain House employ- dicated to have been the subject of ees.(5) 6. 115 CONG. REC. 26568, 26569, 91st 3. 115 CONG. REC. 174, 91st Cong. 1st Cong. 1st Sess., Sept. 23, 1969. Sess., Jan. 6, 1969. 7. 107 CONG. REC. 1340, 87th Cong. 1st 4. 115 CONG. REC. 176, 91st Cong. 1st Sess., Jan. 26, 1961 (Speaker Sam Sess., Jan. 6, 1969. Rayburn [Tex.]). The announcement 5. See § 17.10, supra, for discussion of related to a joint session to hear an the resolution. address by the President.

222 PARTY ORGANIZATION Ch. 3 § 17 consultation between the Speaker MR. [WILBUR D.] MILLS [of Arkan- and the floor leaders. sas]: Mr. Speaker, I offer a privileged resolution and ask for its immediate § 17.17 Regulations governing consideration. the use of the House office The Clerk read the resolution as follows: buildings, the House garages, and the Capitol power plant H. RES. 290 were inserted in the Record Resolved, That the following- by the Majority Leader. named Members be, and they are hereby, elected members of the fol- On Sept. 15, 1965, the Majority lowing standing committees of the Leader asked that there be print- House of Representatives: Committee on Science and Astro- ed in the Record and the Journal nautics: John W. McCormack, Mas- certain regulations adopted by the sachusetts. . . . House Office Building Commis- In the 90th Congress, the Ma- sion governing the House office jority Leader, Carl Albert, of buildings and garages and the Oklahoma, resigned his position ( ) Capitol power plant. 8 on the Committee on Science and Astronautics (10) and was elected Election of Floor Leader to to fill a vacancy on the Committee Standing Committee on Education and Labor.(11) § 17.18 On occasion, a floor Parliamentarian’s Note: Al- leader has been elected to a though the ratio on the Com- standing committee of the mittee on Education and Labor House. had been fixed at nineteen to four- teen, only eighteen Democrats had In the 87th Congress, imme- been elected to membership there- diately after the House adopted a on. The existence of the vacancy resolution increasing the member- effectively changed the ratio on ship of the Committee on Science the committee and on all sub- and Astronautics, a resolution was committees established under the offered electing the Majority Lead- full committee. The election of the er, John W. McCormack, of Mas- sachusetts, to the committee. The 10. Mr. Albert had been named to this proceedings were as follows: (9) committee in the resolution electing Democratic Members to standing 8. 111 CONG. REC. 23926, 23927, 89th committees (113 CONG. REC. 1086, Cong. 1st Sess. 90th Cong. 1st Sess., Jan. 23, 1967). 9. 107 CONG. REC. 7965, 87th Cong. 1st 11. See 113 CONG. REC. 6901, 6902, 90th Sess., May 15, 1961. Cong. 1st Sess., Mar. 16, 1967.

223 Ch. 3 § 17 DESCHLER’S PRECEDENTS

Majority Leader reinforced the MR. [CARL] ALBERT [of Oklahoma]: Democratic advantage on the full Mr. Speaker, I rise to a question of the committee and relieved the pres- privilege of the House. ( ) sure from the minority for a larg- THE SPEAKER: 14 The gentleman will er proportion of minority Members state the question of privilege. on the subcommittees. His elec- MR. ALBERT: Mr. Speaker, in my official capacity as a Representative and tion also removed the impression as majority leader of this House, I that the vacancy had been left to have been served with a summons exist pending disposition of the issued by the U.S. District Court for controversy over whether the the District of Columbia to appear in former chairman of the com- connection with the case of the All- mittee, Adam Clayton Powell, Jr., American Protectorate, Inc. against of New York, was to be seated in Lyndon B. Johnson, and others. the House. Under the precedents of the House, I Generally, floor leaders are not am unable to comply with this summons without the consent of the appointed to and do not serve on House, the privileges of the House (12) standing committees. being involved. I therefore submit the matter for the consideration of this Service of Summons on Floor body. Leader I send to the desk the summons. THE SPEAKER: The Clerk will read § 17.19 The floor leaders, hav- the subpena. . . . ing been summoned to ap- MR. GERALD R. FORD [of Michigan]: pear in Federal Court, sub- Mr. Speaker, I rise for the same pur- mitted the matter of such pose as the distinguished majority summons for the consider- leader and I would like to read a state- ation of the House. ment. Mr. Speaker, in my official capacity On July 8, 1965, the following as a Representative and as minority proceedings took place: (13) leader of this House, I have been served with a summons issued by the 12. In the 87th Congress, Mr. Carl Al- U.S. District Court for the District of bert (Okla.) resigned from the Com- Columbia to appear in connection with mittee on Agriculture after his selec- the case of the All-American Protec- tion as Majority Leader. 108 CONG. torate, Incorporated, against Lyndon REC. 470, 87th Cong. 2d Sess., Jan. B. Johnson et al. 18, 1962. Under the precedents of the House, I 13. 111 CONG. REC. 15978, 89th Cong. am unable to comply with this sum- 1st Sess. mons without the consent of the For a discussion of privileges of House, the privileges of the House the House generally, see Ch. 11, infra. 14. John W. McCormack (Mass.).

224 PARTY ORGANIZATION Ch. 3 § 18

being involved. I therefore submit the with their parties’ members on matter for the consideration of this committees and encourage action body. on particular bills. As a result of Parliamentarian’s Note: In the planning by the Majority Leader 90th Congress, the Majority and and other leaders of his party, Minority Leaders, and others, and as a result of cooperation be- were summoned in a civil action tween the leadership of both par- brought by Adam Clayton Powell, ties, the consideration of legisla- Jr., of New York, who was con- tion in the House generally protesting his exclusion from the ceeds on an orderly basis. It has House. The Speaker (15) submitted been stated (18) that it is cus- the matter to the House on behalf tomary to notify the Majority and of all those served with sum- Minority Leaders as well as the monses. The majority whip offered Speaker of proposed requests for a resolution authorizing the deviations from the authorized Speaker to appoint counsel to rep- order of business. Members have resent the Members;(6) the resolu- been advised by the Speaker to tion was agreed to.(17) consult with Majority and Minor- ity Leaders with respect to unanimous consent requests for the con- § 18. Duties as to Legisla- sideration of bills; (19) moreover, it tive Schedule has been stated that the Speaker declines to entertain motions to The floor leaders, particularly suspend the rules on ‘‘suspension the Majority Leader, exercise con- days’’ unless such motions have siderable initiative with respect to the approval of the Majority Lead- the legislative schedule, including er.(20) the order of business and the time The Minority Leader custom- of recess or adjournment. arily, on the floor of the House, In the course of promoting legis- addresses an inquiry to the Major- lative business deemed of interest ity Leader concerning the sched- to their respective parties, the ule of legislative business for the ( ) floor leaders maintain contact following week. 1 In addition to announcing the legislative busi- 15. John W. McCormack (Mass.). 16. 113 CONG. REC. 6040, 6041, 90th 18. 6 Cannon’s Precedents § 708. Cong. 1st Sess., Mar. 9, 1967. 19. § 18.1, infra. 17. 113 CONG. REC. 6049, 90th Cong 1st 20. § 18.2, infra. Sess., Mar. 9, 1967. 1. § 18.6, infra.

225 Ch. 3 § 18 DESCHLER’S PRECEDENTS ness to be taken up by the House, member and also the majority and mi- the Majority Leader frequently nority leaders. I think that would expe- makes announcements concerning dite the matter. . . . MR. [JOHN W.] MCCORMACK [of Mas- times of recess, adjournment, or sachusetts]: Mr. Speaker, I wish to say (2) reassembly. Such announce- to the House that as far as any unani- ments are generally made fol- mous-consent requests are concerned, I lowing consultation between the naturally advise Members on this side leadership of the parties.(3) seeking to bring up bills that they should consult with their minority Members and also with the leadership on the minority side. I say this not for Unanimous-Consent Requests the purpose of having it relate to any- to Consider Bills thing that has happened, but so that the House will know as a policy, that § 18.1 It has been stated that as majority leader I have always fol- Members should consult with lowed, and always will follow, such procedure, and in that the Speaker the Majority and Minority concurs. The minority leadership also Leaders prior to seeking knows that that has been the policy unanimous consent to call up and will be the policy. bills. Recognition for Motions to Sus- The following remarks were pend Rules made in the 77th Congress: (4)

THE SPEAKER: (5) . . . Permit the § 18.2 It has been stated that Chair to make a statement. When the Speaker declines to en- Members come to the Chair and say tertain motions to suspend they would like unanimous consent to call up a bill, the Chair has stated sev- the rules on ‘‘suspension eral times in the presence of Members days’’ unless such motions that the better way to do it would be have the approval of the Ma- to consult with the ranking minority jority Leader. 2. § 18.6, infra. The following proceedings took 3. § 18.7, infra. place on Aug. 2, 1948: (6)

4. 88 CONG. REC. 7438, 77th Cong. 2d MRS. [HELEN G.] DOUGLAS [of Cali- Sess., Sept. 24, 1942. fornia]: Mr. Speaker, I move to sus- See also § 18.2, infra, discussing pend the rules and discharge the Com- the Speaker’s refusal in one instance mittee on Banking and Currency from to recognize a Member who sought further consideration of S. 866. consideration of a bill by suspension of the rules and by unanimous con- 6. 94 CONG. REC. 9639, 80th Cong. 2d sent. Sess. (Speaker Joseph W. Martin, 5. Sam Rayburn (Tex.). Jr., Mass.).

226 PARTY ORGANIZATION Ch. 3 § 18

THE SPEAKER: The Chair does not not only the present Speaker but every recognize the gentlewoman for that other Speaker, the Chair does not rec- purpose. The majority leader has al- ognize the gentlewoman from Cali- ready stated that there will be no sus- fornia for that purpose. pensions today; and, under the practice MRS. DOUGLAS: Mr. Speaker, I ask of the House, suspensions must be unanimous consent for the present con- cleared through the majority leader. sideration of S. 866. The gentlewoman is not recognized for THE SPEAKER: The Chair does not that purpose. recognize the gentlewoman for that MRS. DOUGLAS: Mr. Speaker, a par- purpose. liamentary inquiry. THE SPEAKER: The gentlewoman will Unanimous-Consent Requests state it. by Floor Leader MRS. DOUGLAS: Under paragraph 1 of Rule XXVII it is in order, is it not, § 18.3 The Majority Leader fre- for the Speaker to entertain a motion quently makes unanimous- to suspend the rules? consent requests for pur- THE SPEAKER: Yes, it is within the poses of controlling the legis- discretion of the Speaker, and the Speaker states that he will not recog- lative schedule and expe- nize any Member for that purpose diting legislative business. without clearing it through the major- An illustrative unanimous-con- ity leader, and using that discretion sent request made by the Majority merely refuses to recognize the gentlewoman from California. Leader was that made on Feb. 19, (7) MRS. DOUGLAS: Mr. Speaker, a fur- 1970, in the course of announc- ther parliamentary inquiry. ing the schedule of business, as THE SPEAKER: The gentlewoman will follows: state it. MR. [CARL] ALBERT [of Oklahoma]: MRS. DOUGLAS: Today is the first . . . Monday is also District-Day, but Monday in August, and under the in view of the fact that Monday is a aforementioned rule individual Mem- holiday and we have no additional bers may move to suspend the rules business for Tuesday, and in order that and pass important legislation. Do I I may make the announcement of the understand clearly then that the Chair complete program now, I ask unani- is exercising his discretion in denying mous consent that it may be in order the House to vote on the so-called Taft- to put District Day over until Tuesday, Ellender-Wagner bill, even under the and I would be glad to announce to procedure requiring a two-thirds vote Members that there are nine bills, and of the Members present? to advise Members what those bills THE SPEAKER: The Chair will state are. . . . that the rule has existed for more than 50 years, and in accordance with the 7. 116 CONG. REC. 4039, 91st Cong. 2d procedure which has been followed by Sess.

227 Ch. 3 § 18 DESCHLER’S PRECEDENTS

Similarly, on Feb. 21, 1967,(8) The purpose of the request is to en- the Majority Leader requested as able us to proceed with business on follow Monday and Tuesday, which are Jew- ish holy days. We do this only on rare MR. ALBERT: Mr. Speaker, I note occasions. It is only for that reason that the gentleman from California that we are asking to put over to [Mr. Hosmer] has a special order for 10 Wednesday any votes which may be re- minutes tomorrow, and the gentleman quested on Monday or Tuesday, except from Minnesota [Mr. Fraser] for 60 on rules. minutes tomorrow, which is George Washington’s Birthday. I have not § 18.4 The Majority Leader, on been able to contact the gentlemen, but behalf of the Committee on I ask unanimous consent that these Rules, asked unanimous con- special orders go over until the following day when they shall be called sent to call up a House reso- before special orders previously grant- lution providing for the con- ed for that day. sideration of a particular In anticipation of the same Wash- bill. ington’s birthday, the acting Ma- In the 80th Congress, the Ma- jority Leader, Hale Boggs, of Lou- jority Leader, Charles A. Halleck, isiana, had in the preceding week of Indiana, made a unanimous asked unanimous consent, ‘‘that consent request as follows: (11) the business in order under the MR. HALLECK: Mr. Speaker, on be- Calendar Wednesday rule be dis- half of the Committee on Rules, I ask pensed with on Wednesday unanimous consent to call up House next.’’ (9) Resolution 621, providing for the con- On Mar. 30, 1966,(10) the Major- sideration of the bill (H. R. 6228) to provide for the construction of shore ity Leader made the following re- protective works at the town of Nome, quest: Alaska. MR. ALBERT: Mr. Speaker, I ask [There being no objection, the unanimous consent that any rollcall Majority Leader called up the res- votes, except on rules, which may be requested on Monday or Tuesday of olution, which read in part as fol- next week be put over until Wednes- lows:] day next. . . . Resolved, That immediately upon the adoption of this resolution it shall be 8. 113 CONG. REC. 4135, 90th Cong. 1st in order to move that the House re- Sess. solve itself into the Committee of the 9. 113 CONG. REC. 3509, 90th Cong. 1st Whole House on the State of the Union Sess., Feb. 16, 1967. 10. 112 CONG. REC. 7220, 89th Cong. 2d 11. 94 CONG. REC. 7108, 80th Cong. 2d Sess. Sess., June 3, 1948.

228 PARTY ORGANIZATION Ch. 3 § 18

for the consideration of the bill (H.R. Members further know . . . that com- 6228) to provide for the construction of mittee assignments have not been shore protective works at the town of made and will not be made in time for Nome, Alaska. . . . normal hearings and proceedings to be had in order to consider this bill by the Motion by Majority Leader to deadline. Suspend Rules Announcement of Schedule by § 18.5 The Majority Leader on Majority Leader occasion has moved to suspend the rules and pass a § 18.6 The Majority Leader particular bill. makes announcements concerning the legislative sched- In the 91st Congress, the Major- ule, including prospects for ity Leader moved to suspend the recess or adjournment; fre- rules and pass a bill increasing quently, the Majority Leader the President’s salary. The pro- makes such announcements (12) ceedings were as follows: in response to inquiries by MR. [CARL] ALBERT [OF OKLAHOMA]: the Minority Leader. Mr. Speaker, I move to suspend the (13) rules and pass the bill (H.R. 10) to in- The following exchange illus- crease the per annum rate of com- trates a common procedure: pensation of the President of the MR. [GERALD R.] FORD [of Michigan]: United States. . . . Mr. Speaker, I take this time for the Mr. Speaker, as Members all know, purpose of asking the distinguished this is the first suspension bill of the majority leader the program for the 91st Congress. Normally the Speaker rest of this week and for next week. would not recognize Members to call MR. [CARL] ALBERT [of Oklahoma]: up bills under suspension of the rules Mr. Speaker, will the distinguished this early in the term and without gentleman yield? . . . committee consideration. The only rea- Mr. Speaker, in response to the in- son that this method has been used on quiry of the distinguished minority this occasion is that it presents to the leader, we have finished the program House the opportunity to consider this for this week. . . . legislation before the new President Monday is also District Day, but in takes office. Members know that under view of the fact that Monday is a holi- article II, section 1, clause 7, of the day . . . I ask unanimous consent that Constitution the salary of the Presi- it may be in order to put District Day dent of the United States cannot be in- over until Tuesday, and I would be creased during his term of office. . . . glad to announce to Members that

12. 115 CONG. REC. 172, 91st Cong. 1st 13. 116 CONG. REC. 4039, 4040, 91st Sess., Jan. 6, 1969. Cong. 2d Sess., Feb. 19, 1970.

229 Ch. 3 § 18 DESCHLER’S PRECEDENTS

there are nine bills, and to advise ness on Thursday, March 26, 1970, to Members what those bills are. As I un- noon Monday, April 6, 1970, which is derstand it, they are all noncontrover- precisely in accordance with the cus- sial. . . . tom of recent years in the House. MR. ALBERT: I did announce that I MR. FORD: Mr. Speaker, would the would read the list before I asked that gentleman agree with me that in the my request be acted upon. The list is light of this announcement, that the as follows: recess will be from the conclusion of H.R. 10335, to revise District of Co- business Thursday, March 26 to Mon- lumbia laws relating to the civil liabil- day noon, April 6, all Members ought ity of hotels. . . . to be forewarned, there is no mistake THE SPEAKER PRO TEMPORE: Is there that there is a likelihood we will have objection to the request of the gen- important business on Thursday and tleman from Oklahoma? important business on Monday? There was no objection. MR. ALBERT: Mr. Speaker, the gen- MR. ALBERT: Mr. Speaker, in view of tleman is correct. We must get our the order which has been granted, business done, and we cannot do it if Tuesday will be District Day, and the we extend the length of these recesses. nine bills already indicated will be Similarly, on Feb. 16, 1967, the called. following exchange took place be- For Wednesday, there will be a joint tween the Minority Leader and meeting to receive the President of the (14) Republic of France. . . . the acting Majority Leader: For Thursday and the balance of the MR. GERALD R. FORD: Mr. Speaker, I week, we will have H.R. 12025, Na- take this time for the purpose of ask- tional Forest Timber Conservation and ing the distinguished acting majority Management Act of 1969, under an leader, the gentleman from Louisiana, open rule with 2 hours of debate, and the program for next week. . . . S. 2910, to authorize additional funds MR. [HALE] BOGGS [of Louisiana]: In for the Library of Congress James response to the request of the distin- Madison Memorial Building, which is guished gentleman from Michigan, the subject to a rule being granted. minority leader, the program for next This announcement is made subject week is as follows: to the usual reservation that con- On Monday, the Consent Calendar, ference reports may be brought up at followed by H.R. 2, which is commonly any time and that any further program known as the Reserve bill of rights, may be announced later. I understand and which will be called up under sus- there will be a conference report from pension of the rules. It is probable that the Committee on Banking and Cur- there will be a rollcall vote on that bill. rency on Tuesday. . . . Tuesday the Private Calendar, but Mr. Speaker, if the gentleman will so far there are no bills scheduled. yield further, I would like at this time to advise the House that the Easter re- 14. 113 CONG. REC. 3509, 90th Cong. 1st cess will extend from the close of busi- Sess.

230 PARTY ORGANIZATION Ch. 3 § 18

Wednesday is a holiday, which will Majority Leader respecting agree- be observed by the usual reading of ments among the leadership of George Washington’s Farewell Ad- the parties: (17) dress. Any further legislative business will MR. [CARL] ALBERT [of Oklahoma]: be announced later. It is my intention Mr. Speaker, in response to the inquiry that when the House adjourns today, it of the distinguished minority leader- adjourn to meet on Monday. and this announcement, of course, is made after conferences between the As a further example, the acting Speaker and the minority leader and Majority Leader in similar fashion other members of the leadership and responded to inquiry made by the myself—I am pleased to announce to acting Minority Leader on Feb. the membership of the House the fol- 22, 1968.(15) lowing schedule of recesses heretofore On another occasion, where leg- agreed to . . . . islative business was anticipated Similarly, the following remarks late in the afternoon, after special were made by the Majority Leader orders, the Majority Leader an- in the course of discussing antici- nounced such fact to the House pated legislative business: (18) before the commencement of spe- MR. ALBERT: Mr. Speaker, I ask cial orders.(16) unanimous consent that any roll call votes, except on rules, which may be Consultation Between Leader- requested on Monday or Tuesday of ship next week be put over until Wednes- day next. . . . § 18.7 Matters relating to the I have discussed this with the distin- legislative schedule, includ- guished minority leader. The purpose of the request is to enable us to pro- ing prospective recess or ad- ceed with business on Monday and journment, are frequently Tuesday, which are Jewish holy days. settled through consultation On Mar. 2, 1961,(19) in the between the leadership of course of a discussion of the pro- both parties. spective Easter recess, the Major- The following illustrates the ity Leader remarked, ‘‘I will say it manner in which an announce- depends on what the legislative ment is frequently made by the 17. 115 CONG. REC. 368, 369, 91st Cong. 15. 114 CONG. REC. 3912, 90th Cong. 2d 1st Sess., Jan.. 9, 1969. Sess. 18. 112 CONG. REC. 7220, 89th Cong. 2d 16. See 114 CONG. REC. 430, 90th Cong. Sess., Mar. 30, 1966. 2d Sess., Jan. 22, 1968 (remarks of 19. 107 CONG. REC. 3114, 87th Cong. 1st Mr. Albert). Sess.

231 Ch. 3 § 18 DESCHLER’S PRECEDENTS situation might be as Easter ap- impossible by either October 16 or Oc- proaches. . . .’’ The Minority tober 23 to get through with the business that we have to dispose of before Leader then remarked as follows: this particular session is over. MR. [CHARLES A.] HALLECK [of Indi- The Majority Leader and Minor- ana]: Mr. Speaker, if the gentleman will yield, in fairness I ought to state ity Leader, of course, frequently that the majority leader and the cooperate in bringing specific Speaker have conferred with me about items of legislative business to the the matter of the Easter recess, and it attention of the House. As an ex- is under very active consideration. As ample, the following remarks were the majority leader has pointed out, made by the Majority Leader in the determination will be made, I am the course of discussing his mo- quite sure, in plenty of time for Mem- bers to adjust themselves accordingly. tion to suspend the rules and pass a bill increasing the President’s As a further illustration, the fol- salary: (1) lowing announcements were made on Oct. 6, 1970,(20) by the Majority MR. ALBERT: . . . The only reason that this method has been used on this Leader and the Speaker: occasion is that it presents to the MR. ALBERT:: Mr. Speaker, I take House the opportunity to consider this this time to advise the House of rec- legislation before the new President ommendations that have been made by takes office. . . . the leadership in joint conference on In view of these circumstances, the both sides of the Capitol and on both distinguished minority leader and the sides of the aisle. distinguished chairman and ranking It is our plan to offer a resolution member on Post Office and Civil Serv- within the next few days to provide for ice and myself have jointly offered this resolution for the consideration of the a House recess from the close of busi- Members of the House. ness on Wednesday, October 14, until noon, Monday, November 16. Notification by Leaders as to MR. [JOHN W.] MCCORMACK [of Mas- sachusetts]: Mr. Speaker, will the gen- Reassembly of Congress tleman yield? MR. ALBERT: I yield to the distin- § 18.8 Congressional leaders, guished Speaker of the House. including the floor leaders of MR. MCCORMACK: I might say that the House, having been au- this is the unanimous opinion of the leadership on both sides, both parties 1. 115 CONG. REC. 172, 91st Cong. 1st in the House and both parties in the Sess., Jan. 6, 1969. For further dis- Senate, recognizing that it would be cussion of the proceedings relating to the Majority Leader’s motion to sus- 20. 116 CONG. REC. 35217, 35218, 91st pend the rules in this case, see Cong. 2d Sess. § 17.13, supra.

232 PARTY ORGANIZATION Ch. 3 § 19

thorized by concurrent reso- The floor leader may be con- lution, formally called for a sulted with respect to changes in reassembly of Congress at an committee size or composition earlier date than that to that might affect his party’s rep- ( ) which it had adjourned. resentation on the committee. 5 The floor leader protects the in- The 79th Congress, having by terests of individual members of concurrent resolution adjourned to his party, as by ensuring that the a day certain, was reassembled Record or Journal accurately re- before that day in accordance with flects the votes of Members,(6) the a provision in such resolution for presence of Members,(7) or the le- reassembly before the day fixed in gitimate reasons for a Members the event that certain congres- absence.(8) Where requested to sional leaders, including the floor make objection to certain unani- leaders, decided that legislative mous-consent requests, the floor expediency warranted re- leader has done so.(9) ( ) assembly. 2 On occasion, the floor leader has addressed remarks directly to members of his party on the floor § 19. Role as Party Leader of the House, for purposes of ascertaining (10) or influencing (11) In his capacity as a leader of his the sentiments of his party with party, the floor leader plays a key respect to particular issues. role in the formation and promotion of his party’s policies. Wherever possible, he protects the Announcements of Party Meet- interests of his party and indi- ings vidual members thereof. The Republican floor leader § 19.1 On occasion, the floor generally introduces the resolu- leader has made announce- tion assigning members of his party to House committees,(3) and 5. § 19.9, infra. undertakes other responsibilities 6. § 19.5, infra. respecting such committee assign- 7. § 19.5, infra. ments.(4) 8. See the remarks of Minority Leader Gerald R. Ford (Mich.) at 111 CONG. 2. 91 CONG. REC. 8320, 79th Cong. 1st REC. 20362, 89th Cong. 1st Sess., Sess., Sept. 5, 1946. See also Ch. 1, Aug. 12, 1965. § 3, supra. 9. § 19.6, infra. 3. § 19.7, infra. 10. § 19.2, infra. 4. § 19.8, infra. 11. § 19.3, infra.

233 Ch. 3 § 19 DESCHLER’S PRECEDENTS

ments concerning meetings Request for Indication of Sen- of the caucus, conference, or timent other party group. § 19.2 The Minority Leader, ( ) On July 30, 1968, 12 the Major- during a debate in the Com- ity Leader, Carl Albert, of Okla- mittee of the Whole, re- homa, announced as follows: quested Members of his party to informally indicate MR. ALBERT: Mr. Speaker, I take this time to advise the Democratic their support for a certain Members that a caucus of the Demo- proposition by a show of cratic Members of the House is called hands. to meet in the Hall of the House of On Aug. 6, 1963,(14) Minority Representatives on Thursday, August Leader Charles A. Halleck, of In- 1, 1968, at 10 a.m., for the purpose of diana. made the following request: electing Members to the Ways and MR. HALLECK: Mr. Chairman, I do Means Committee. not know whether it would be par- On January 13, 1937,(13) the Re- liamentary or not, but I would like to have the Republicans who are here— publican floor leader, Bertrand H. and we are in goodly number—raise Snell, of New York, announced as their hands to indicate whether they follows: will vote for this bill with or without the amendment. MR. SNELL: Mr. Speaker, there will be a meeting of the Republican mem- Expression of Viewpoint on bers of the committee on committees at Committee Assignments 4 o’clock this afternoon in the rooms of the Interstate and Foreign Commerce § 19.3 The Republican floor Committee, located in the New House leader, during debate in the Office Building, and there will be a Re- House, indicated the position publican Conference in this hall at 10 that he thought the Repub- o’clock tomorrow morning. licans should adopt with respect to the issue to be voted 12. 114 CONG. REC. 24269, 90th Cong. on. 2d Sess. For discussion of recent practice with respect to calling orga- In the 92d Congress, a debate nizational meetings of the caucus took place on whether the resolu- prior to the convening of a new Con- tion assigning Democratic Mem- gress, see supplements to this edi- bers to the House committees tion as they appear. 14. 109 CONG. REC. 14289, 88th Cong. 13. 81 CONG. REC. 201, 75th Cong. 1st 1st Sess. Sess. 234 PARTY ORGANIZATION Ch. 3 § 19 should be open to amendment and ask for correction of a roll any such amendment be voted on call. ( ) by the House. 15 In the course of Parliamentarian’s Note: The the debate, the Republican floor floor leader, acting on behalf of leader, Gerald R. Ford, of Michi- Members of his party, may ask ( ) gan, remarked as follows: 16 that corrections be made with re- . . . I cannot help but make this ob- spect to roll calls so that the servation. The gentleman from Cali- Record and Journal accurately re- fornia was unable to persuade a major- flect the votes, or presence or ab- ity of the Democrats to his point of sence, of Members. Thus, the view. I do not think that we on the Re- Journal of the 88th Congress (18) publican side ought to succumb to his reflects the following correction: arguments of this occasion. Therefore, Mr. Speaker, I would certainly hope ROLL CALL CORRECTIONS and trust that the Republicans on this issue, on a Democratic resolution ex- On motion of Mr. Albert, on behalf of pressing the views of the Democratic Mr. Holland, by unanimous consent, Party, should not under any cir- Ordered, That roll call No. 55 be cor- cumstances vote ‘‘nay’’ on the motion to rected to show Mr. Holland present order the previous question. As Repub- and answering to his name. licans we should exercise our option to vote ‘‘yea’’ or ‘‘present’’ on the previous Objection to Unanimous-Con- question, because the matter is one for sent Request the Democrats to decide and not for us. § 19.6 Where the Minority Official Objectors Leader did not hear the unanimous consent request, § 19.4 The floor leader ap- the order of the House en- points his party’s official ob- tered pursuant thereto was jectors for the Private and vacated; the request was ( ) Consent Calendars. 17 again made, and the Minor- ity Leader, having been re- Correction of Roll Call quested to do so, made objec- § 19.5 The floor leader, acting tion to the request. on behalf of a Member, may On May 18, 1965,(19) the following proceedings took place: 15. See § 9.3, supra, for further discussion of the proceedings. 18. H. Jour. 455, 88th Cong. 1st Sess. 16. 117 CONG. REC. 1711, 92d Cong. 1st (1963). Sess., Feb. 4, 1971. 19. 111 CONG. REC. 10871, 89th Cong. 17. See § 20.1, infra. 1st Sess.

235 Ch. 3 § 19 DESCHLER’S PRECEDENTS

MR. [HAROLD T.] JOHNSON of Cali- assigning members of his fornia: Mr. Speaker, I ask unanimous party to standing committees consent that the Committee on Public Works have permission to sit during of the House. general debate this afternoon. As a matter of long-standing THE SPEAKER: (20) Is there objection practice, the Republican (1) floor to the request of the gentleman from leader introduces the resolution California? assigning members of his party to There was no objection. standing committees of the House. MR. GERALD R. FORD [of Michigan]: (2) Mr. Speaker, I have not been able to In the 91st Congress, for exam- hear some of these requests. I have ple, the resolution was introduced been told indirectly that a request was by Minority Leader Gerald R. just made and permission was granted Ford, of Michigan. for the Committee on Public Works to Resolutions such as the fol- meet this afternoon. I had talked with (3) the majority leader and indicated we lowing, relating to the com- had some people who were in opposi- mittee assignment of an indi- tion to it. I did not hear the request, vidual Republican Member, have and I am a little disappointed that it been offered by the Republican was not made so that I could hear it. floor leader, in this case Majority THE SPEAKER: Without objection, the Leader Charles A. Halleck, of In- order concerning permission for the diana: Committee on Public Works to sit this afternoon will be vacated. MR. HALLECK: Mr. Speaker, I offer a There was no objection. resolution and ask for its immediate MR. JOHNSON of California: Mr. consideration. Speaker, I ask unanimous consent that The Clerk read the resolution (H. the Committee on Public Works have Res. 62), as follows: permission to sit during general debate Resolved, That Walter H. Judd, of this afternoon. Minnesota, be, and he is hereby, THE SPEAKER: Is there objection to elected a member of the standing the request of the gentleman from committee of the House of Rep- resentatives on Expenditures in the California? Executive Departments and to rank MR. GERALD R. FORD: Mr. Speaker, I No. 3 thereon. have been requested to make an objection, and I do make it. 1. The resolution assigning Democratic Members to House committees is Resolution Assigning Members usually introduced by the Chairman to Committees of the Democratic Committee on Committees. See Ch. 17, infra. § 19.7 The Republican floor 2. 115 CONG. REC. 2084, 2085, 91st leader introduces resolutions Cong. 1st Sess., Jan. 29, 1969. 3. 93 CONG. REC. 536, 80th Cong. 1st 20. John W. McCormack (Mass.). Sess., Jan. 23, 1947.

236 PARTY ORGANIZATION Ch. 3 § 19

Parliamentarian’s Note: In the There was no objection. 91st Congress, a resolution elect- The Clerk read the resolution, as fol- ing both Democratic and Repub- lows: . . . lican Members to the newly cre- Amendment offered by Mr. Gerald ated Committee on Internal Secu- R. Ford: On page 7, lines 5 and 6, rity was presented to the House strike out ‘‘E. Ross Adair, Indiana; William H. Ayres, Ohio;’’ and insert: by the Chairman of the Demo- ‘‘William H. Ayres, Ohio; E. Ross cratic Committee on Committees Adair, Indiana;’’ after consultation with, and with the approval of, the Minority MR. FORD: Mr. Speaker, my amend- Leader.(4) ment, which has just been read by the Clerk, will correct the seniority stand- Amendment to Resolution ing of the gentleman from Ohio (Mr. Ayres) on the Committee on Veterans’ § 19.8 The Republican floor Affairs. leader asked unanimous con- The amendment was agreed to. sent to vacate the pro- Resolution Relating to Com- ceedings wherein the House position of Committee had agreed to the resolution electing minority members to § 19.9 A resolution adding standing committees, and of- three memberships to the fered an amendment chang- Committee on Government ing the order of certain Operations, two to be as- names in the resolution. signed to the majority and The following proceedings took one to the minority, was of- ( ) place in the 91st Congress: 5 fered by the Majority Leader, MR. GERALD R. FORD [of Michigan]: pursuant to agreement be- Mr. Speaker, I ask unanimous consent tween the leadership of both to vacate the proceedings whereby the House agreed to House Resolution 176 parties. on January 29, and ask for its immediate consideration with an amend- The following proceedings took ( ) ment which I send to the desk. place on Jan. 14, 1965: 7 THE SPEAKER: (6) Is there objection to MR. [CARL] ALBERT [of Oklahoma]: the request of the gentleman from Michigan? Mr. Speaker, I offer a resolution, House Resolution 114, and ask for its 4. See § 11.1, supra. The resolution ap- immediate consideration. pears at 115 CONG. REC. 3747, 91st The Clerk read the resolution, as fol- Cong. 1st Sess., Feb. 18, 1969. lows: 5. 115 CONG. REC. 2433, 2434, 91st Cong. 1st Sess., Feb. 3, 1969. 7. 111 CONG. REC. 660, 661, 89th Cong. 6. John W. McCormack (Mass.). 1st Sess.

237 Ch. 3 § 19 DESCHLER’S PRECEDENTS

H. RES. 114 The Democratic floor leader Resolved, That during the Eighty- with the approval of the Speaker ninth Congress, the Committee on appoints the Democratic Whip, Government Operations shall be composed of thirty-four members. and makes an announcement in the House respecting such ap- MR. GERALD R. FORD [of Michigan]: pointment.(9) Mr. Speaker, will the gentleman yield? MR. ALBERT: I yield to the gentleman. MR. FORD: Would the gentleman Appointment of Official Objec- from Oklahoma indicate the distributors tion of the three additional Members? MR. ALBERT: This is an addition of § 20.1 The floor leader ap- three memberships to the Committee points his party’s official ob- on Government Operations, two of jectors for the Private and which will be assigned to the majority Consent Calendars, and an- and one of which will be assigned to nounces in the House the the minority. names of those persons so This is a matter which has been worked out, as a few other matters appointed. have been, between the leadership on Thus, in the 91st Congress, an- both sides for the convenience of the nouncements respecting the ap- House. pointment of official objectors for the Private and Consent Cal- endars were made by Carl Albert, § 20. Appointments of Oklahoma, the Majority Leader, and Gerald R. Ford, of Michigan, The floor leaders designate the Minority Leader.(10) members of their respective parties to serve as official objectors cial objectors’ committees, see for the Private and Consent Cal- §§ 15.1–15.5, supra. 9. § 20.3, infra. The Republican whip is endars. The names of the persons selected by the conference (see § 23.3, so designated are announced in infra). For general discussion of the the House by the floor leaders party whips, see §§ 23–25, infra. soon after a new Congress con- 10. 115 CONG. REC. 3721, 91st Cong. 1st venes.(8) Sess. Feb. 18, 1969. Substantially similar announcements are made in 8. See the illustrative announcements every Congress. See, for example, as to the appointment of official ob- 105 CONG. REC. 2580, 86th Cong. 1st jectors’ committees in §§ 15.1, 15.3, Sess., Feb. 18, 1959. See also the ex- supra. For general discussion of the amples cited in §§ 15.1 and 15.3, composition and functions of the offi- supra.

238 PARTY ORGANIZATION Ch. 3 § 20

Replacement of Objector Appointment of Democratic Whip § 20.2 Following the request of an objector to be relieved of § 20.3 The Democratic floor his duties, the Minority leader with the approval of Leader designated another to the Speaker appoints his replace such objector on the party’s whip, and announces Objector’s Committee for the such appointment in the Private Calendar. House. In the 89th Congress, an objec- The following announcement, tor who had been appointed to the made in the 83d Congress by Sam Rayburn, of Texas, then Minority Subcommittee on Private Claims Leader, illustrates the announce- of the Committee on the Judiciary ment customarily made by the was relieved of his assignment on Democratic floor leader with re- the Official Objectors’ Committee spect to the appointment of the for the Private Calendar. On Feb. Democratic whip: (12) 10, 1965, the Minority Leader MR. RAYBURN: Mr. Speaker, I desire made the following announce- to announce to the House that I have (11) appointed as minority whip of the ment: House of Representatives the Honor- MR. GERALD R. FORD [of Michigan]: able John W. McCormack. I feel sure Mr. Speaker, the gentleman from that will be pleasing to both the minority and majority. Michigan [Mr. Hutchinson] is a member of the subcommittee of the Judici- In the 84th Congress, the ary Committee which handles private Democratic floor leader, in an- claims, and that seems to be incompat- nouncing the selection of a major- ible with his service on the Private ity whip to replace one resigning Calendar objectors’ committee. from that position, indicated that At his request, he is being relieved of the Speaker and floor leader, in his assignment on the Private Cal- conference, made the selection. endar objectors’ committee, and I have The proceedings were as fol- designated the gentleman from Cali- lows: (13) fornia [Mr. Talcott] to take his place. 12. See 99 CONG. REC. 134, 83d Cong. 11. 111 CONG. REC. 2468, 89th Cong. 1st 1st Sess., Jan. 6, 1953. The Repub- Sess. For another instance in which lican whip is selected by the con- the Minority Leader announced the ference. See § 23.3, infra. For further replacement of a minority objector discussion of the party whips, see for the Private Calendar, see 116 §§ 23–25, infra. CONG. REC. 7677, 91st Cong. 2d 13. 101 CONG. REC. 191, 84th Cong. 1st Sess., Mar. 17, 1970. Sess., Jan. 10, 1955.

239 Ch. 3 § 20 DESCHLER’S PRECEDENTS

MR. [JOHN W.] MCCORMACK [of Mas- of introducing the Speaker and sachusetts]: wishing him well.(15) Similarly, Mr. Speaker, I desire to make an an- early in a session, the Majority nouncement. Those Members who served in . . . past Congresses know Leader frequently offers a resolu- that the distinguished gentleman from tion appointing a committee to no- Tennessee, Mr. Priest, has been the tify the President of the assembly Democratic whip. of Congress,(16) and both floor Mr. Priest now assumes the very re- leaders are appointed to such sponsible position of chairman of the committee.(17) At the end of a ses- very important Committee on Inter- sion, the floor leaders are again state and Foreign Commerce. He has himself made the decision that the du- appointed to a committee to notify ties of that chairmanship are such that the President of the adjournment he feels constrained to confine his ac- of Congress.(18) When the Presi- tivities to that position. dent visits the House, the floor As a result of that it became nec- leaders may be designated to es- essary to select a majority whip. I am cort the President into the very pleased to announce to my col- (19) leagues today that the Speaker and I, House. in conference, have designated and se- Many duties or actions of the lected the distinguished gentleman floor leaders relate to honors or from Oklahoma, Mr. Carl Albert, to be tributes accorded to the Speaker the majority whip during this Con- of the House. Thus it is tradi- gress. tional for the Minority Leader, at the end of a Congress, to introduce a resolution thanking the § 21. Duties; Ceremonial Speaker for the manner in which Functions the Speaker discharged the duties of the Chair.(20) More informally, The floor leaders perform var- the floor leaders have made an- ious functions of a ceremonial na- nouncements or led in paying trib- ture. ute to the Speaker wherever ap- Thus, following the election of a propriate to recognition of par- Speaker, the floor leaders custom- ticular milestones, such as the an- arily form part of the committee that escorts the Speaker to the 15. § 21.2, infra. chair.(14) It is also customary at 16. § 21.3, infra. such time for the Minority Leader 17. § 21.4, infra. to address the House for purposes 18. § 21.6, infra. 19. § 21.7, infra. 14. § 21.1, infra. 20. § 21.9, infra.

240 PARTY ORGANIZATION Ch. 3 § 21 niversary of the election of the arily appoints the Majority Speaker or the announcement by and Minority Leaders to the the Speaker of his intended retire- committee that escorts the ment.(1) Speaker-elect to the Chair. With respect to other expres- The proceedings in the 90th sions of courtesy, gratitude, Congress, wherein floor leaders praise, and the like, the floor lead- Carl Albert, of Oklahoma, and er exercises his initiative as ap- Gerald R. Ford, of Michigan, were propriate, frequently undertaking among those appointed to the to express the sentiments of the Committee of Escort, are typical House. Such expressions, gen- of those in which the Clerk ap- erally concurred in by other Mem- points the committee to escort the bers of the House, range from Speaker-elect to the Chair. After praise of officers or Members for announcing that John W. McCor- accomplishments in the House, fe- mack, of Massachusetts, had been licitations on birthdays, and good elected Speaker, the Clerk an- wishes in case of an individual’s nounced as follows: (4) illness, to resolutions offering The Clerk appoints the following sympathy upon the death of cer- committee to escort the Speaker-elect ( ) tain persons. 2 to the chair: the gentleman from The floor leader, usually the Michigan [Mr. Gerald R. Ford], the Majority Leader, also from time to gentleman from Wisconsin [Mr. Laird], time makes announcements or un- the gentleman from Oklahoma [Mr. Al- bert], the gentleman from New York dertakes duties with respect to [Mr. Celler], the gentleman from Texas various ceremonial or formal occa- [Mr. Mahon], the gentleman from Illi- sions, ranging from the inaugural nois [Mr. Rostenkowski], and the gen- ceremonies to the reception of for- tleman from Louisiana [Mr. Boggs.] eign visitors.(3) In the 89th Congress, the Ma-

jority Leader and Minority Leader comprised the entire Committee of Committee of Escort for Speak- Escort.(5) er-elect There have been departures from the above custom. For exam- § 21.1 Following the election of ple, in the 75th Congress, neither a Speaker, the Clerk custom- 4. 113 CONG. REC. 13, 90th Cong. 1st 1. § 21.10, infra. Sess., Jan. 10, 1967. 2. §§ 21.11–21.17, infra. 5. See 111 CONG. REC. 17, 89th Cong. 3. See §§ 21.18–21.22, infra. 1st Sess., Jan. 4, 1965.

241 Ch. 3 § 21 DESCHLER’S PRECEDENTS

Majority Leader Sam Rayburn, of I have been privileged to be a Member Texas, nor the Farmer-Labor-Pro- of the House of Representatives and on the eight occasions when I have seen gressive party floor leader Gerald the Congress convene and the gavel J. Boileau, of Wisconsin, was pass from the individual who lost to named to the Committee of Es- the individual selected as Speaker, the cort.(6) gavel has gone from a Republican to a Democrat seven times. . . . I can say to you Mr. Speaker, that it Introduction of Speaker-elect is a privilege for me on this occasion to pass the gavel to you. However, I § 21.2 The Minority Leader, might add, in a somewhat lighter vein, generally the minority par- that I hope this is an experience which ty’s candidate for Speaker, will not be duplicated too frequently in addresses the House for pur- the future. . . . May I say in conclusion that we in poses of introducing the the minority have in the past sup- Speaker-elect. ported you and the administration when we believed it was for the best The remarks of Minority Leader interest of the United States. . Gerald R. Ford, of Michigan, on the occasion of presenting the As a further example, Minority Leader Ford in the 91st Congress Speaker-elect to the House in the made the following remarks in the 89th Congress are illustrative of course of introducing Speaker- those customarily made following elect McCormack to the House: (8) the election of the Speaker. After escorting Speaker-elect John W. Mr. Speaker, and old friends and new friends on both sides of the aisle’ McCormack, of Massachusetts, to I stand before you today as the ac- the Chair, Mr. Ford addressed the knowledged champion among those House as follows: (7) who have tried to unseat the gentleman from Massachusetts from the Mr. Speaker and my colleagues of Speaker’s chair. . . . the 89th Congress, in the 16 years that My congratulations to all of my colleagues who have successfully sub- 6. See 81 CONG. REC. 11, 75th Cong. mitted their record of service to their 1st Sess., Jan. 5, 1937. Appointed constituents, and a very special wel- were the defeated candidates for the come to the new Members of the 91st office of Speaker, Bertrand H. Snell, Congress on both sides of the aisle. of New York (the Republican floor leader) and George J. Schneider from Committees to Notify President Wisconsin, of the Farmer-Labor-Pro- gressive Party. Also appointed were § 21.3 The Majority Leader John J. O’Connor (N.Y.) and Henry customarily offers a resolu- B. Steagall (Ala.). 7. 111 CONG. REC. 17, 18, 89th Cong. 8. 115 CONG. REC. 14, 91st Cong. 1st 1st Sess., Jan. 4, 1965. Sess., Jan. 3, 1969.

242 PARTY ORGANIZATION Ch. 3 § 21

tion that a committee be ap- Congress; the Majority Lead- pointed by the Speaker to er may report on the per- notify the President of the formance of the committee’s assembly of Congress. duty. The resolution offered by the The appointments to the com- Majority Leader, Carl Albert, of mittee in the 90th Congress were Oklahoma, in the 90th Congress made by Speaker John W. McCor- illustrates the form of the resolu- mack, of Massachusetts, as fol- tion customarily offered for pur- lows: (10) poses of forming the committee to THE SPEAKER: The Chair appoints as notify the President of the assem- members of the committee to notify the bly of Congress. The proceedings President of the United States that a were as follows: (9) quorum of each House has been assembled, and that Congress is ready to re- MR. ALBERT: Mr. Speaker, I offer a ceive any communication that he may resolution (H. Res. 5) and ask for its be pleased to make, the gentleman immediate consideration. The Clerk from Oklahoma [Mr. Albert], the gen- read the resolution, as follows: tleman from Louisiana [Mr. Boggs], H. RES. 5 and the gentleman from Michigan [Mr. Gerald R. Ford]. Resolved, That a committee of three Members be appointed by the In the 92d Congress, the Major- Speaker on the part of the House of ity Leader reported on the per- Representatives to join with a committee on the part of the Senate to formance of the committee’s duty, notify the President of the United as follows: (11) States that a quorum of each House has been assembled, and that Con- MR. [HALE] BOGGS [of Louisiana]: gress is ready to receive any commu- Mr. Speaker, your committee on the nication that he may be pleased to part of the House to join a like com- make. mittee on the part of the Senate to no- Proceedings virtually identical tify the President of the United States to those above take place upon the that a quorum of each House has been assembly of every Congress. assembled and is ready to receive any communication that he may be pleased § 21.4 The Majority and Minor- 10. 113 CONG. REC. 28, 90th Cong. 1st ity Leaders are customarily Sess., Jan. 10, 1967. Substantially among those appointed to the same proceedings take place in the committee to notify the every Congress; see, for example, President of the assembly of 115 CONG. REC. 35, 91st Cong. 1st Sess., Jan. 3, 1969. 9. 113 CONG. REC. 27, 90th Cong. 1st 11. 117 CONG. REC. 15, 92d Cong. 1st Sess., Jan. 10, 1967. Sess., Jan. 21, 1971.

243 Ch. 3 § 21 DESCHLER’S PRECEDENTS

to make, has performed that duty. The Majority Leader subse- President asked us to report that he quently reported to the will be pleased to deliver his message at 9 p.m., January 22, 1971, to a joint House the performance of session of the two Houses. the committee’s duty. In the 91st Congress, following § 21.5 The Majority Leader of- the adoption of a resolution au- fers a resolution authorizing thorizing appointment of the com- the appointment of a committee to notify the President of mittee to notify the Presi- the intended adjournment of Con- dent as to the intended ad- gress, the Speaker appointed the journment of Congress. Majority Leader, Carl Albert, of The following proceedings took Oklahoma, and the acting Minor- place in the 91st Congress: (12) ity Leader, John J. Rhodes, of Ari- MR. [CARL] ALBERT [of Oklahoma]: zona, as the members of the com- Mr. Speaker, I offer a resolution (H. mittee.(13) Subsequently, Mr. Al- Res. 1338) and ask for its immediate bert made the following report in consideration. the House: (14) The Clerk read the resolution as follows: MR. ALBERT: Mr. Speaker, your committee appointed to join a committee of H. RES. 1338 the Senate to inform the President Resolved, That a committee of two that the Congress is ready to adjourn, Members be appointed by the House and to ask him if he has any further to join a similar committee ap- communications to make to the Con- pointed by the Senate, to wait upon gress, has performed that duty. The the President of the United States and inform him that the two Houses President has directed us to say that have completed their business of the he has no further communication to session and are ready to adjourn, un- make to the Congress. less the President has some other communication to make to them. Committee of Escort Upon The resolution was agreed to. Presidential Visit § 21.6 The Speaker appointed § 21.7 Upon a visit by the the Majority Leader and the President of the United acting Minority Leader to States, the floor leaders may the committee to notify the be appointed as a committee President as to the intention of Congress to adjourn; the 13. See 116 CONG. REC. 44599, 91st Cong. 2d Sess., Jan. 2, 1971. 12. 116 CONG. REC. 44599, 91st Cong. 2d 14. 116 CONG. REC. 44621, 91st Cong. 2d Sess., Jan. 2, 1971. Sess., Jan. 2, 1971.

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to escort the President into received the Prime Minister of the Chamber. Italy, Speaker Sam Rayburn, of On Nov. 13, 1969, President Texas, appointed the Majority Richard M. Nixon visited the Leader, John W. McCormack, of House for the purpose of express- Massachusetts, and the Minority ing his appreciation for the sup- Leader Joseph W. Martin. Jr., of port shown by Members for cer- Massachusetts, and others, to a tain of his policies; prior to the committee of escort for the Prime President’s visit, Speaker John W. Minister.(18) McCormack, of Massachusetts, announced as follows: (15) Resolution Thanking Speaker THE SPEAKER: The Chair appoints § 21.9 It is customary toward the gentleman from Oklahoma (Mr. Al- bert) and the gentleman from Michi- the end of a Congress for the gan (Mr. Gerald R. Ford) to escort the Minority Leader or someone President of the United States into the acting in his behalf to offer a Chamber. resolution expressing the The committee so comprised of thanks of the House for the the Majority and Minority Lead- manner in which the Speak- ers accompanied the President er discharged the duties of into the Hall of the House of Rep- the Chair. resentatives,(16) and, following the remarks of the President to the The following proceedings in the House, accompanied him as he re- 86th Congress (19) are illustrative tired from the Hall of the of those honoring the Speaker at House.(17) the conclusion of a Congress: THE SPEAKER PRO TEMPORE: (20) The Committee of Escort Chair recognizes the gentleman from Indiana, the minority leader, Mr. § 21.8 The floor leaders may be Halleck. appointed to a committee of MR. [CHARLES A.] HALLECK [of Indi- escort upon a visit by a ana]: Mr. Speaker, I offer a resolution Prime Minister. (H. Res. 647) and ask for its immediate consideration. In the 85th Congress, prior to a The Clerk read the resolution as fol- recess during which the Members lows:

15. 115 CONG. REC. 34080, 91st Cong. 18. See 104 CONG. REC. 15434, 85th 1st Sess., Nov. 13, 1969. Cong. 2d Sess., July 29, 1958. 16. Id. 19. 106 CONG. REC. 19162, 86th Cong. 17. 115 CONG. REC. 34081, 91st Cong. 2d Sess., Sept. 1, 1960. 1st Sess., Nov. 13, 1969. 20. Leslie C. Arends (Ill.).

245 Ch. 3 § 21 DESCHLER’S PRECEDENTS

Resolved, That the thanks of the Tributes to Speaker House are presented to the Honor- able Sam Rayburn, Speaker of the § 21.10 Where it has been ap- House of Representatives, for the able, impartial, and dignified man- propriate to accord honors to ner in which he has presided over the Speaker, as in recogni- the deliberations and performed the arduous duties of the Chair during tion of length of service or the present term of Congress. on the occasion of the Speak- Following the reading of the reso- er’s intended retirement, the lution, Mr. Halleck addressed the floor leaders have led the House in support of the resolution House in paying tribute to and in praise of Speaker Rayburn. the Speaker or remarking on his accomplishments. On oc- Proceedings such as those above casion, the Minority Leader take place toward the end of every has acted as Speaker pro Congress, the Chair usually being tempore when the pro- assumed for purposes of the proceedings in the House and ceedings by the minority whip (1) the remarks of Members or by someone, such as the con- have been in honor of the ference chairman,(2) acting for the Speaker. whip. In the 87th Congress, the Mi- On occasion, the Minority Lead- nority Leader assumed the Chair er, in anticipation of his absence, as Speaker pro tempore and rec- has designated someone, such as ognized the Majority Leader, who the Chairman of the Republican offered a resolution extending con- Policy Committee,(3) to act for him gratulations to Speaker Sam Ray- in offering the resolution. burn, of Texas, on his length of service. The proceedings were. in 1. See, for example, 102 CONG. REC. part as follows: (4) 15282, 84th Cong. 2d Sess., July 27, THE SPEAKER: Will the gentleman 1956. from Indiana [Mr. Halleck] kindly take 2. See, for example, 110 CONG. REC. the chair? 24058! 88th Cong. 2d Sess., Oct. 3, 1964. Speaker John W. McCormack 3. See, for example, 116 CONG. REC. [Mass.], having announced his plans 44601, 91st Cong. 2d Sess., Jan. 2, to retire, the resolution expressed 1971; and 114 CONG REC. 31371, not only the customary thanks of the 90th Cong. 2d Sess., Oct. 14, 1968. House but also the good wishes of (In both instances, John J. Rhodes the House upon the Speaker’s antici- [Ariz.], the Chairman of the Repub- pated retirement.) lican Policy Committee, offered the 4. 107 CONG. REC. 10035, 87th Cong. resolution; in the 91st Congress, 1st Sess., June 12, 1961.

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(Mr. Charles A. Halleck, of Indiana, a resolution reading in part as fol- assumed the chair as Speaker pro tem- lows: (5) pore.) THE SPEAKER PRO TEMPORE (Mr. H. RES. 1044 Halleck): The Chair recognizes the Resolved, That the House of Rep- gentleman from Massachusetts [Mr. resentatives hereby extends congratu- McCormack]. lations to the Honorable John W. MR. [JOHN W.] MCCORMACK [of Mas- McCormack who has served continu- sachusetts]: With great personal satis- ously as Speaker of the House longer faction and pleasure I offer a resolu- than any previous occupant of that tion and ask for its immediate consid- high office and whose cumulative serv- eration. ice in that position now surpasses that The Clerk read as follows: of all but one of his predecessors. . . . Following the reading of the H. RES. 333 resolution, the Majority Leader Resolved, That the House of Rep- resentatives hereby extends its delivered remarks in honor of heartiest congratulations to its be- Speaker McCormack, and yielded loved Speaker, the Honorable Sam to other Members, including the Rayburn, who, today, has served in (6) the high office of Speaker of the Minority Leader, who also paid House of Representatives for 16 tribute to the Speaker. years, 273 days-more than twice as long as any other Speaker in the his- Speaker McCormack having an- tory of the United States; and be it nounced his intended retirement, further various proceedings and an- Resolved, That the House of Rep- resentatives hereby expresses its nouncements of a nature honoring deep appreciation to the Honorable the Speaker were recorded in the Sam Rayburn for his impartiality, 91st Congress. Thus, on May 20, integrity, and outstanding par- (7) liamentary skill in presiding over 1970, the Majority Leader re- this House; for enhancing the dignity marked as follows: and traditions of the Speakership; and for his continuing devotion to MR. ALBERT: Mr. Speaker, I was sad- legislative duty in this House for dened to hear my dear friend Speaker more than 48 years. John W. McCormack, will tell the Similar proceedings took place press today of his intention to retire. It is difficult for me to contemplate the in the 91st Congress in honor of House of Representatives functioning Speaker John W. McCormack, of Massachusetts. Gerald R. Ford, of 5. 116 CONG. REC. 17020, 91st Cong. 2d Michigan, Minority Leader, as- Sess., May 26, 1970. sumed the Chair as Speaker pro 6. 116 CONG. REC. 17021, 91st Cong. 2d Sess., May 26, 1970. tempore, and Majority Leader 7. 116 CONG. REC. 16284, 91st Cong. 2d Carl Albert, of Oklahoma, offered Sess.

247 Ch. 3 § 21 DESCHLER’S PRECEDENTS

without his wise counsel and out- tribute to the late Sam Rayburn, standing leadership. . . . as follows:

Mr. Albert’s remarks were fol- MR. ALBERT: Mr. Speaker, 29 years lowed by other tributes to Speaker ago today, on September 16, 1940, the McCormack. late Honorable Sam Rayburn was (8) elected Speaker of the House of Rep- On June 24, 1970, the Minor- resentatives for the first time. This is ity Leader inserted in the Record an important anniversary although one the transcript of proceedings held which might have been overlooked in at the White House on May 27, the rush of business. . . . honoring Speaker McCormack for The judgment of history will confirm his service to the nation. Simi- . . . that the principles of liberal democracy which Sam Rayburn held (9) larly, on Dec. 17, 1970, the Ma- dear beyond price, were expanded and jority Leader announced to the preserved by his great legislative House that Speaker McCormack genius. . . . in certain ceremonies had been given a book signed by all House Expressions of Praise or Rec- employees, and that an ‘‘Annual ognition Award of Excellence’’ had been established in the Speaker’s name § 21.11 The Majority Leader to be presented to the employee expressed thanks to the performing the most valuable members of the official objec- service to the House. Following tors’ committees for the man- the remarks of the Majority Lead- ner in which they performed er, Minority Leader Gerald R. their duties Ford spoke briefly to congratulate On July 30, 1955,(11) the Major- the employees on their recognition ity Leader expressed his gratitude of the Speaker’s accomplishments. to the objectors, among others, for Significant anniversary dates in work done during the session. the careers of past distinguished § 21.12 The Majority Leader Speakers have also been noted by praised the work done in the the floor leader. Thus, on Sept. 16, session by the Speaker, the 1969,(10) the Majority Leader paid majority whip, the Minority 8. 116 CONG. REC. 21304-21306, 91st Leader, and the officers and Cong. 2d Sess. employees of the House. His 9. 116 CONG. REC. 42190, 42191, 91st comments were followed by Cong. 2d Sess. 10. 115 CONG. REC. 25611, 91st Cong. 11. See 101 CONG. REC. 12380, 12381, 1st Sess. 84th Cong. 1st Sess.

248 PARTY ORGANIZATION Ch. 3 § 21

remarks of a similar nature I congratulate and thank also the by the Minority Leader. distinguished minority whip and other members of the Republican leadership. The remarks of the Majority I must also express my gratitude for Leader, Carl Albert, of Oklahoma, the work of the Parliamentarian with- and the Minority Leader, Gerald out whose efforts I could not have done R. Ford, of Michigan, on Dec. 15, my job. I am grateful to the Clerk, the 1967,(12) were in part as follows: Sergeant at Arms, the Doorkeeper, the Postmaster and all the officers and em- MR. ALBERT: Mr. Speaker, we are ployees of the House. . . . about to come to the end of the first MR. GERALD R. FORD [of Michigan]: session of the 90th Congress. It has . . . Mr. Speaker, each of us on both been a long and arduous session, but it sides of the aisle is most appreciative is a session which has had many re- of the help and assistance of the em- wards. . . . ployees of the House. I would like to I congratulated all who have helped reiterate what the distinguished major- to write this record. Particularly do I ity leader has said about the Parlia- congratulate and applaud our distin- mentarian . . . but there are many guished and beloved Speaker, the Hon- orable John W. McCormack. . . . others who help us on a day-to-day basis. I also salute my close friend and co- worker, our Majority Whip Hale Boggs. § 21.13 The floor leaders and I also want to express my gratitude to the distinguished minority leader of others praised the record of the House. . . . service of one who was ter- minating his employment as 12. 113 CONG. REC. 37382, 37383, 90th legislative assistant to the Cong. 1st Sess. Speaker The proceedings described are illustrative of those customarily tak- The remarks of the Majority ing place at the end of a session. As Leader, Carl Albert, of Oklahoma, a further example, see 112 CONG. and the Minority Leader, Charles REC. 28866–28868, 89th Cong. 2d A. Halleck, of Indiana, on Oct. 5, Sess., Oct. 22, 1966, in which the (13) acting Majority Leader and the Mi- 1962, were in part as follows: nority Leader spoke in praise of MR. ALBERT: Mr. Speaker, every those, such as the assistant Parlia- Member will agree with me, I am sure, mentarian acting in the Parliamen- that the fine work of staff members tarian’s absence, who had contrib- here in the House of Representatives, uted to the accomplishments of the in its committees, and in the offices of session. (The remarks of the Major- its Members is an indispensable ele- ity Leader, who was absent because ment of the legislative process. . . . of illness, were printed in the Record at the request of the acting Majority 13. 108 CONG. REC. 22565, 87th Cong. Leader. 2d Sess.

249 Ch. 3 § 21 DESCHLER’S PRECEDENTS

I take this time to advise the House Similar felicitations have been that one of the finest and most capable extended by the Majority Leader persons ever to serve the House or any on the occasion of the Minority of its Members, John Holton, legisla- (5) tive assistant to the Speaker, is leav- Leader’s birthday. The birth- ing the House of Representatives. . . . days of other individuals have MR. HALLECK: Mr. Speaker, will the been recognized in similar fash- gentleman yield? . . . ion. For example, on Mar. 3, 1970, Mr. Speaker, I am sure I speak for birthday greetings were extended my colleagues on this side of the by the Speaker,(16) the floor lead- aisle—and certainly for myself—when ers, and others to the Parliamen- I say I want to join in this expression tarian of the House.(17) of appreciation to John Holton for his services to the House of Representa- tives these many years. . . . Remarks Upon Hospitalization of President § 21.14 The floor leaders and others frequently exchange § 21.15 The Speaker and the birthday felicitations during Minority Leader took the proceedings in the House. floor, during debate in the Committee of the Whole, to The proceedings in the 89th express wishes for the Presi- Congress are illustrative of the ex- dent’s recovery from illness. change of courtesies between the floor leaders. Following the an- On Oct. 7, 1965, Speaker John nouncement of the Majority Lead- W. McCormack, of Massachusetts, er’s birthday by Mr. Thomas J. and Minority Leader Gerald R. Steed, of Oklahoma, the Minority Ford, of Michigan, addressed re- Leader remarked as follows: (14) marks to the House concerning the hospitalization of President MR. GERALD R. FORD [of Michigan]: Lyndon B. Johnson for surgery.(18) Mr. Speaker, may I join the distinguished gentleman from Oklahoma in 15. See, for example, 112 CONG. REC. wishing our distinguished majority 15706, 89th Cong. 2d Sess., July 14. leader, Carl Albert, our very best wish- 1966. es on this birthday anniversary. We, 16. John W. McCormack (Mass.). on our side of the aisle, are proud to work with him. . . . Carl Albert is a 17. 116 CONG. REC. 5709–5711, 91st real gentleman, an outstanding leader Cong. 2d Sess. For similar proof the Democratic Party, and I am very ceedings on the occasion of the Par- proud and honored to call him a friend. liamentarian’s birthday, see 115 ... CONG. REC. 4989, 4990, 91st Cong. 1st Sess., Mar. 3, 1969. 14. 111 CONG. REC. 9953, 89th Cong. 1st 18. See 111 CONG. REC. 26320, 89th Sess., May 10, 1965. Cong. 1st Sess.

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Resolution Upon Death of tend my remarks, and further ask World Leader unanimous consent that all Members speaking on this subject today may re- § 21.16 The floor leaders and vise and extend their remarks, and I also ask unanimous consent that all others, pursuant to a special Members who desire to do so may have order obtained by the Major- 5 legislative days in which to extend ity Leader, addressed the their remarks at this point in the House after the death of a Record. world leader and honorary Following remarks by the Major- American citizen, Sir Win- ity Leader, the Minority Leader,(2) ston Churchill; the Majority and others in honor of Churchill, Leader then offered a resolu- the Majority Leader offered the tion of sympathy. following resolution: (3) On Jan. 25, 1965, the Majority Leader made the following re- H. RES. 136 quest: (19) Resolved, That the House of Rep- MR. [CARL] ALBERT [of Oklahoma]: resentatives has learned with profound Mr. Speaker, I ask unanimous consent sorrow of the death of Sir Winston that at the close of business and all Churchill, former Prime Minister of special orders heretofore entered into the United Kingdom, honorary citizen for today, I may address the House for of the United States, beloved elder 1 hour, in order that I may yield to Members on the subject of the life and statesman of the world. . . . service of Sir Winston Churchill. Resolved, That as a further mark of Subsequently, the following pro- respect to the memory of the late Sir ceedings took place: (20) Winston Churchill the House do now adjourn. THE SPEAKER: (1) Under previous order of the House, the gentleman from Oklahoma [Mr. Albert] is recog- Remarks on Death of Minority nized for 60 minutes. Employee MR. ALBERT: Mr. Speaker, I ask unanimous consent to revise and ex- § 21.17 The Minority Leader 19. 111 CONG. REC. 1079, 89th Cong. 1st announced the death of a mi- Sess. nority employee, who had 20. 111 CONG. REC. 1154–1163, 89th been Clerk of the House, and, Cong. 1st Sess., Jan. 25, 1965. Simi- lar proceedings have taken place 2. 111 CONG. REC. 1155, 89th Cong. 1st upon the death of other leaders; see, Sess., Jan. 25, 1965. generally, Ch. 38, infra. 3. 111 CONG. REC. 1162, 1163, 89TH 1. John W. McCormack (Mass.). CONG. 1ST SESS., JAN. 25, 1965.

251 Ch. 3 § 21 DESCHLER’S PRECEDENTS

following the remarks of the Announcements Respecting Majority Leader and others, Ceremonial or Social Occa- offered a resolution pro- sions—Inaugural Ceremonies viding for the appointment of a committee to attend the § 21.18 The floor leaders have funeral services. made announcements in the House, for the information In the 81st Congress, the pro- and guidance of Members, re- ceedings relating to the death of lating to the inaugural cere- John Andrews, a minority em- monies. ployee and former Clerk of the Announcements like the fol- House, were as follows: (4) lowing, which was made on Jan. 17, 1969, by Majority Leader Carl MR. [JOSEPH W.] MARTIN [Jr.] of Albert, of Oklahoma,(7) are fre- Massachusetts: Mr. Speaker, it is with quently made by the floor leaders a heavy heart that I announce the death of a beloved friend, the former in preparation for the inaugural Clerk of the House of Representatives, ceremonies: presently a minority employee, John MR. ALBERT: . . . Mr. Speaker, I de- Andrews. sire to alert my colleagues that when we adjourn today, we will meet on Following remarks by Majority Monday at 10:30 o’clock. I urge all the Leader John W. McCormack, of Members to be here promptly because (5) the procession for Members of the Massachusetts, and others, the House will leave in a body promptly at Minority Leader offered the fol- 10:35 a.m., so that the inaugural exer- lowing resolution: (6) cises on the platform at the east front might start precisely at 11 o’clock. . . . Resolved, That the House has heard Immediately prior to the an- with profound sorrow of the death of nouncement, the Majority Leader Hon. John Andrews, an employee and had offered a resolution as to the officer of the House for more than 30 convening of the House for the in- years. augural ceremonies.(8) Resolved, That as a mark of respect to his memory the Speaker appoint a 7. 115 CONG. REC. 1184, 91st Cong. 1st committee of 10 Members to attend the Sess., Jan. 17, 1969. For a further funeral services. . . . example of such announcements by the Majority Leader, see 111 CONG. 4. 96 CONG. REC. 7514–7517, 81st REC. 951, 89th Cong. 1st Sess., Jan. Cong. 2d Sess., May 23, 1950. 19, 1965. For examples of announcements made by the Minority Leader, 5. 96 CONG. REC. 7514, 81st Cong. 2d see 115 CONG. REC. 1076, 1090, 91st Sess., May 23, 1950. Cong. 1st Sess., Jan. 16, 1969. 6. 96 CONG. REC. 7517, 81st Cong. 2d 8. 115 CONG. REC. 1184, 91st Cong. 1st Sess., May 23, 1950. Sess., Jan. 17, 1969.

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Cornerstone Ceremonies rotunda of the Capitol. All Members of the House are invited by the President § 21.19 The Majority Leader and the Speaker to be present at this made an announcement with ceremony. regard to ceremonies in Announcement As to Visit of which the cornerstone of a Prime Minister new House office building would be laid. § 21.21 The Majority Leader In the 87th Congress, the Ma- made an announcement re- jority Leader, Carl Albert, of lating to the anticipated visit Oklahoma, made an announce- of a foreign Prime Minister. ment respecting ceremonies in On Feb. 27, 1957,(11) the Major- which the cornerstone of the Ray- ity Leader, John W. McCormack, burn House Office Building would of Massachusetts, made the fol- be laid.(9) lowing announcement: Ceremonies Relating to Sign- MR. MCCORMACK: Mr. Speaker, as ing of Bill the Members are aware, we are going to be honored this afternoon at about 3 § 21.20 The Majority Leader o’clock by the presence in the Chamber announced an invitation to of one of the world’s outstanding statesmen, the Prime Minister of Members to attend cere- France, his Excellency Guy Mollet. I monies in which the Presi- want to announce that about 2:20 or dent would sign a bill in the 2:25 there will be a quorum call so rotunda of the Capitol. that the Members will be advised and govern themselves accordingly. The following announcement was made by the Majority Leader, Unanimous-Consent Request Carl Albert, of Oklahoma, on Aug. Relating to Visitor 5, 1965: (10):

MR. ALBERT: Mr. Speaker, I take § 21.22 The Majority Leader this time to advise Members of the has on occasion asked unani- House upon the invitation of the mous consent that the Speak- Speaker and the majority leader of the er be authorized to declare a Senate the President will sign the voting rights bill tomorrow at noon in the recess for the purpose of receiving a visiting Prime Min- 9. 108 CONG. REC. 8468, 87th Cong. 2d ister or foreign President. Sess., May 16, 1962. 10. 111 CONG. REC. 19483, 89th Cong. 11. 103 CONG. REC. 2720, 85th Cong. 1st 1st Sess. Sess.

253 Ch. 3 § 21 DESCHLER’S PRECEDENTS

On several occasions, the Major- floor leaders and in certain provi- ity Leader has made unanimous- sions prescribing the honors to be consent requests such as the fol- accorded upon the death of a floor lowing, which was made on Feb. leader.(16) (12) 19, 1957, by the Majority Lead- er, John W. McCormack, of Mas- sachusetts: Assistants to Floor Leaders MR. MCCORMACK: Mr. Speaker, I ask unanimous consent that it may be in § 22.1 The House has author- order at any time on Wednesday, Feb- ized the creation of new posi- ruary 27, 1957, for the Speaker to de- tions in the office of floor clare a recess for the purpose of receiving the Prime Minister of the Republic leader, or the payment from of France. the contingent fund of the As a further example, the Ma- House of additional com- jority Leader made the following pensation to assistants of the request on May 28, 1958: (13) floor leader.

MR. MCCORMACK: Mr. Speaker, I ask In the 89th Congress, the Ma- unanimous consent that it may be in jority Leader offered a resolution order at any time on Thursday, June 5, creating an additional position of 1958, for the Speaker to declare a re- clerk in the offices of the Speaker cess for the purpose of receiving in and the Minority Leader, and pro- joint meeting the President of the Fed- viding for the payment of the sal- eral Republic of Germany. aries of such clerks from the contingent fund of the House. The resolution, which was agreed to by § 22. Salary and Per- the House, was as follows: (17) quisites, Honors on by 2 USC § 333; such allowance is in Death addition to the clerk-hire allowance prescribed for each Member by 2 Recognition of the status of the USC § 332. A provision pertaining to floor leaders is reflected in provi- allowances for airmail and special delivery stamps for the floor leaders sions of law regarding the sala- is contained in 2 USC § 42d(1). ( ) ( ) ries 14 and allowances 15 of the 16. A proclamation specifies the length of time that designated flags will be 12. 103 CONG. REC. 2251, 85th Cong. 1st flown at half-staff upon the death of Sess. a Majority Leader or Minority Lead- 13. 104 CONG. REC. 9743, 85th Cong. 2d er of the House. See 36 USC § 175, Sess. note, Proclamation No. 3044 (flag to be flown at half-staff from day of 14. See 2 USC § 31. death until interment). 15. An allowance for office personnel in 17. 112 CONG. REC. 573, 89th Cong. 2d the office of floor leader is prescribed Sess., Jan. 19, 1966.

254 PARTY ORGANIZATION Ch. 3 § 22

H. RES. 669 (2) the majority leader of the House; . . . (b) There is hereby created in (3) the minority leader of the House the office of the minority leader an ad- ... ditional position the basic compensa- (7) each Member of the House who tion of which shall be at a rate not to has served as majority leader, and as exceed $3,000 per annum. minority leader (19) of the House. (c) There shall be paid out of the contingent fund of the House of Rep- On Jan. 26, 1966, the Speaker resentatives, until otherwise provided took the floor to offer a resolution by law, such sums as may be necessary providing additional clerk-hire al- to carry out this resolution.... lowance for the office of the Ma- On Mar. 9, 1965, the Majority jority Leader, and authorizing ad- Leader offered a resolution raising ditional positions in the offices of the gross salary of, among others, the Minority Leader and others. the administrative assistants to The resolution was as follows: (20) the floor leaders. The resolution, which was agreed to by the H. RES. 690 (18) House, was as follows: Resolved, That effective February 1, H. RES. 258 1966, there shall be paid out of the contingent fund of the House of Rep- Resolved, That, effective March 1, resentatives, until otherwise provided 1965, there shall be payable from the by law, such sums as may be necessary contingent fund of the House of Rep- for: resentatives, until otherwise provided by law, an amount which will permit 1. Additional clerical help in the Of- the payment of basic compensation per fice of the Majority Leader, not to ex- annum, at a rate not in excess of the ceed $3,000 (basic) per annum. highest amount which, together with 2. (a) An additional position in the additional compensation authorized by Office of the Minority Leader, the basic law, will not exceed the maximum rate compensation of which shall be at a authorized by the Classification Act of rate not to exceed $2,500 per 1949, as amended, to the administra- annum.... tive assistant of each of the following:... The resolution was agreed to.

18. 111 CONG. REC. 4405, 89th Cong. 1st who has served both as Majority and Sess. as Minority Leader of the House. 19. See also H. Res. 127, 89th Cong. 1st 20. 112 CONG. REC. 1125, 89th Cong. 2d Sess. (1965), providing for an admin- Sess. istrative assistant for any Member

255 Ch. 3 § 23 DESCHLER’S PRECEDENTS

E. PARTY WHIPS § 23. In General The Democratic organization formerly included a post of ‘‘dep- [Note: The following is descrip- uty whip,’’ but the Majority Lead- tive of practices in effect in some er in the 92d Congress announced Congresses. For discussion of any that that position had been abol- current modification of the func- ished and replaced by the positions or composition of the office tions of ‘‘floor whips.’’ (4) of the whip, consult supplements In the Record of the 82d Con- to this edition as they appear.] gress,(5) the Republican whip set Each party maintains a whip forth a description of the Repub- organization, presided over by the lican whip organization, consisting party whip. The Democratic floor of the Republican whip, a deputy leader with the approval of the whip, an Eastern regional whip, Speaker appoints the Democratic an East Central regional whip, a whip and announces in the House Midwest regional whip, a Western the name of the person he has ap- regional whip; and various area ( ) pointed to that position. 1 The Re- whips. publican Conference chooses that The functions of the party party’s whip, and an announce- whips are to maintain close con- ment concerning such selection is tact with party members; ascer- made in the House by the Repub- tain the sentiments of party mem- lican floor leader or, on occasion, bers with respect to legislative by the chairman of the con- issues; ensure the presence of (2) ference. A number of assistant party members on the floor when Democratic whips representing matters of interest to the party various regions of the country are chosen by the Democratic state ings Institution (Washington, D.C., delegations.(3) 1967), pp. 33–41 (development of whip organizations); 64, 65, 67–72, 1. § 23.1, infra. 75, 76 (functions of whips); ‘‘The 2. § 23.3, infra. Party Whip Organization in the 3. Congressional Quarterly’s Guide to United States House of Representa- the Congress of the United States, tives,’’ American Political Science Congressional Quarterly Service Review, vol. 58 (Sept., 1964), pp. (Washington, D.C., 1971), p. 141. 561–576. Collateral references: Ripley, 4. § 23.2, infra. Randall B., Party Leaders in the 5. 97 CONG. REC. 992, 82d Cong. 1st House of Representatives, The Brook- Sess., Feb. 5, 1951.

256 PARTY ORGANIZATION Ch. 3 § 23 are to be voted upon; assist the Leader as Speaker pro tempore,(9) floor leader in fulfilling the duties or where the minority whip has of party leadership; and promote presided over proceedings hon- party positions with respect to oring the Speaker of the issues before the House.(6) For House. (10) Similarly, the whip fre- purposes of keeping party mem- quently acts as his party’s floor bers informed of matters pending leader when the floor leader is ab- in the House, the whip sends peri- sent.(11) odic notices containing a descrip- Party whips have sometimes tion of such matters to party served in that capacity for a con- members. siderable length of time. Thus, as The office was described in an example, many tributes were these terms by Mr. Charles A. paid in the 91st Congress to one Halleck, of Indiana: (7) who had served as Republican (12) . . . In many ways, the job of whip whip for many years. is a thankless assignment that involves a lot more than just taking polls, calling Members to the floor, and Selection of Whip; Announce- putting out notices of the program for ment the following week. And I must say, the title ‘‘whip’’ is really a misnomer. § 23.1 The Democratic floor You just do not line up Members—especially if you are in the minority—by leader with the approval of applying the lash. . . . the Speaker appoints his [Success] in the office of whip [re- party’s whip, and announces quires] a personal facility for concilia- such appointment in the tion, for bringing together divergent House. views through reason and . . . an ability to persuade. . . . The following announcement by the Majority Leader in the 82d The whip has sometimes been Congress is illustrative of an- designated Speaker pro tem- nouncements made by the Demo- pore,(8) or has assumed the Chair for particular purposes, as where 9. § 23.6, infra. the majority whip has presided 10. § 24.1, infra. over the election of the Majority 11. See Congressional Quarterly’s Guide to the Congress of the United States, 6. See 8 Cannon’s Precedents § 3615. Congressional Quarterly Service 7. 114 CONG. REC. 19074, 90th Cong. (Washington, D.C., 1971), p. 141. 2d Sess., June 27, 1968. 12. See 116 CONG. REC. 17878, 17879, 8. § 23.5, infra. 91st Cong. 2d Sess., June 2, 1970.

257 Ch. 3 § 23 DESCHLER’S PRECEDENTS cratic floor leader with respect to MR. [HALE] BOGGS [of Louisiana]: his appointment of a party . . . Mr. Speaker, it is my pleasure to whip: (13) announce that we have named the distinguished gentleman from Massachu- MR. [JOHN W.] MCCORMACK [of Mas- setts (Mr. O’Neill) as the majority whip sachusetts]: Mr. Speaker, I desire to of the Democratic Party. announce to the House that I have re- Mr. Speaker, I would like to con- appointed as the majority whip the dis- clude the announcement by saying that tinguished gentleman from Tennessee, in consultation with the distinguished Mr. Priest. Speaker, the position of deputy whip In the 84th Congress, upon the has been abolished and in place thereof occurrence of a vacancy in the of- we have created the position of two fice of majority whip, the Majority floor whips which will be held by the Leader announced the selection of gentleman from California (Mr. McFall), who will fill one spot, and the a new whip pursuant to a con- gentleman from Indiana (Mr. ference between the Speaker and Brademas), who will fill the other spot. the Majority Leader.(14) Election of Republican Whip Floor Whips § 23.3 The Republican Con- § 23.2 The Majority Leader an- ference selects the Repub- nounced the abolition of the lican whip, and an announce- post of deputy whip, and the ment concerning such selec- creation of the positions of tion is made in the House by floor whips. the Republican floor leader In the 92d Congress, the Major- or the conference chairman. ity Leader made the following an- On Jan. 22, 1971, the following nouncement, which was concerned announcement was made by the in part with certain changes in the structure of the Democratic Minority Leader, Gerald R. Ford, (16) whip organization:(15) of Michigan: Mr. Speaker, it is my privilege to an- 13. 97 CONG. REC. 40, 82d Cong. 1st nounce for the benefit of the member- Sess., Jan. 4, 1951. For further ex- ship as a whole, the election of the amples, see 115 CONG. REC. 34, 91st Honorable Leslie Arends, of Illinois, to Cong. 1st Sess., Jan. 3, 1969; and 99 CONG. REC. 134, 83d Cong. 1st Sess., cent changes in the composition of Jan. 6, 1953. the Democratic Whip organization, 14. 101 CONG. REC. 191, 84th Cong. 1st see supplements to this edition as Sess., Jan. 10, 1955. they appear. 15. See 117 CONG. REC. 131, 92d Cong. 16. 117 CONG. REC. 131, 92d Cong. 1st 1st Sess., Jan. 22, 1971. For more re- Sess.

258 PARTY ORGANIZATION Ch. 3 § 23

be the Republican whip for the ninth Mr. Speaker, as chairman of the Re- consecutive Congress. publican Conference, I am directed by Similarly, in the 82d Congress, that conference to notify the House officially that the Republican Members the floor leader made the fol- have selected as minority whip the ( ) lowing announcement: 17 gentleman from Illinois, the Honorable MR. [JOSEPH W.] MARTIN [Jr.] of Leslie C. Arends. Massachusetts: Mr. Speaker, I would like to announce to the House that the Republican Whip Organization gentleman from Illinois, Mr. Leslie C. Arends, has been elected Republican whip. § 23.4 The Republican whip ex- In the 83d Congress, the Repub- tended his remarks in the lican Majority Leader, Charles A. Record to include a descrip- Halleck, of Indiana, an- tion of the Republican whip nounced: (18) organization. Mr. Speaker, on behalf of the Com- On Feb. 5, 1951, Mr. Leslie C. mittee on Committees, I hereby wish Arends, of Illinois, was permitted to announce the selection of Hon. Les- lie C. Arends, of Illinois, as majority to extend his remarks in the whip. Record to include the following de- In the 91st Congress, the con- scription of the Republican whip (20) ference chairman, John B. Ander- organization. son, of Illinois, made the an- Republican whip, Leslie C. Arends, nouncement concerning the selec- Illinois; deputy whip, Ralph A. Gam- tion of the minority whip, as fol- ble, New York. (19) lows: Eastern Regional whip, W. Sterling Cole, New York—8 states, 50 mem- 17. 97 CONG. REC. 40, 82d Cong. 1st bers: Maine (3), New Hampshire (2), Sess., Jan. 4, 1951. Vermont (1), Connecticut (4), Delaware 18. 99 CONG. REC. 134, 83d Cong. 1st (1), A. N. Sadlak; Massachusetts (8), Sess., Jan. 6, 1953. The Republican W. H. Bates; New York (22), Katherine whip was formerly selected by the St. George; New Jersey (9), T. Millet party committee on committees (see Hand. . . . Congressional Quarterly’s Guide to the Congress of the United States, In similar fashion, Mr. Arends Congressional Quarterly Service named the East Central regional [Washington, D.C., 1971], p. 141). 19. 115 CONG. REC. 34, 91st Cong. 1st announced by the conference chair- Sess., Jan 3, 1969. For other exam- man, see § 3.7, supra. ples of occasions on which the selec- 20. 97 CONG. REC. 992, 82d Cong. 1st tion of the Republican whip has been Sess.

259 Ch. 3 § 23 DESCHLER’S PRECEDENTS whip, the Midwest regional whip, Election of Speaker Pro Tem- and the Western regional whip; pore Presided Over by Whip indicated the state delegations § 23.6 The majority whip on represented by such whips; and occasion has assumed the named those persons in the whip Chair for purposes of pre- organization who represented par- siding over the election of ticular states or groups of states the Majority Leader as within a region. Speaker pro tempore. Designation of Majority Whip On Nov. 18, 1963, the Majority as Speaker Pro Tempore Leader, Carl Albert, of Oklahoma, called the House to order and laid § 23.5 The majority whip has before the House a communication been designated Speaker pro from the Speaker designating Mr. tempore. Albert as Speaker pro tempore. On May 29, 1958, Carl Albert, Subsequently, the majority whip, Hale Boggs, of Illinois, assumed of Oklahoma, the majority whip, the Chair and presided over pro- assumed the Chair. The proceedings in which Mr. Albert was (1) ceedings were as follows: elected Speaker pro tempore. The ( ) THE SPEAKER PRO TEMPORE: The proceedings were as follows: 2 Chair lays before the House the fol- Mr. Boggs assumed the Chair. lowing communication from the Speak- MR. [CARL] VINSON [of Georgia]: Mr. er: Speaker, I send to the desk a privi- MAY 29, 1958 leged resolution and ask for its imme- I hereby designate the Honorable diate consideration. Carl Albert to act as Speaker pro tempore today. The Clerk read the resolution as follows: SAM RAYBURN, Speaker of the H. RES. 567 House of Representatives. Resolved, That Honorable Carl Al- bert . . . is hereby elected Speaker 1. 104 CONG. REC. 9854, 85th Cong. 2d pro tempore during the absence of Sess. the Speaker. . . . For instances in which the minor- The resolution was agreed to. ity whip has assumed the Chair to preside over proceedings relating to Similar proceedings have taken the customary resolution expressing place in other Congresses. Thus, the gratitude of the House for the manner in which the Speaker per- 2. 109 CONG. REC. 22015, 88th Cong. formed his duties, see § 24.1, infra. 1st Sess., Nov. 18, 1963.

260 PARTY ORGANIZATION Ch. 3 § 24 in the 85th Congress, on Apr. 15, MR. ARENDS: Mr. Speaker, I request 1958, Majority Leader John W. that there be a division of the question on the resolution so that we may have McCormack, of Massachusetts, a separate vote on the Office of the Speaker pro tempore by designa- Chaplain. tion, requested the majority whip, Carl Albert, of Oklahoma, to assume the Chair.(3) After Mr. Al- § 24. Duties and Functions bert assumed the Chair, a resolution was agreed to electing the It is frequently the province of Majority Leader Speaker pro tem- the whip, as it is that of other pore during the absence of the leaders in the House, to perform Speaker. duties of a ceremonial nature, make announcements respecting Request for Division of Ques- ceremonial or formal occasions, tion and extend various courtesies. § 23.7 The minority whip re- Resolution Thanking Speaker quested a division of the § 24.1 The minority whip, or question on the resolution someone acting for him, has electing House officers. customarily assumed the On Jan. 10, 1967, following the Chair to preside over the introduction of the resolution re- consideration of a resolution, lating to the election of House offi- offered at the end of a Con- cers, the Republican Conference gress, expressing the grati- Chairman announced that he in- tude of the House for the tended to offer a substitute for the manner in which the Speak- resolution. In response to an inquiry from the Chair as to whether has performed the duties er a division of the question was of the Chair. desired, Mr. Leslie C. Arends, of jority party’s candidates for the of- Illinois, the Republican whip, fices of Clerk, Sergeant At Arms, ( ) made the request as follows: 4 Doorkeeper, Postmaster, and Chap- lain is generally offered by the chair- 3. 104 CONG. REC. 6436, 85th Cong. 2d man of the majority caucus (see Sess. As to illustrative instances in § 3.9, supra). Frequently, the chair- which the minority whip has as- man of the minority caucus or consumed the Chair to preside over pro- ference has offered a substitute for ceedings of a ceremonial nature, see the resolution and at the same time § 24.1, infra. requested a division of the question 4. 113 CONG. REC. 27, 90th Cong. 1st to allow a separate vote on the office Sess. The resolution naming the ma- of Chaplain (see § 3.9, supra).

261 Ch. 3 § 24 DESCHLER’S PRECEDENTS

The proceedings of Sept. 1, the committee to notify the 1960, illustrative of honors ac- President that Congress has corded the Speaker at the end of assembled. a Congress, were as follows: (5) In the 90th (10) and 91st (11) Con- THE SPEAKER: (6) Will the gentleman gresses, for example, the Speaker ( ) from Illinois [Mr. Arends] 7 kindly on each occasion appointed a com- take the chair? Mr. Arends assumed the Chair as mittee comprised of the majority Speaker pro tempore. . . . and minority floor leaders and the MR. [CHARLES A.] HALLECK [of Indi- majority whip, to join with a simi- ana]: Mr. Speaker, I offer a resolution lar committee from the Senate, to (H. Res. 647) and ask for its immediate notify the President that a consideration. quorum of each House had assem- The Clerk read the resolution, as follows: bled and the Congress was ready Resolved, That the thanks of the to receive any communication that House are presented to the Honor- the President might be pleased to able Sam Rayburn, Speaker of the make.(12) House of Representatives, for the able, impartial, and dignified manner in which he has presided over Announcements or Requests the deliberations and performed the Relating to Formal Occasions arduous duties of the Chair during the present term of Congress. § 24.3 The party whips have on Similarly proceedings have occasion made announce- ( ) taken place in other Congresses, 8 ments or requests relating to although on occasion another formal occasions, visits by Member has been designated to dignitaries, and the like. act for the whip in presiding over the resolution.(9) The whips have made announcements respecting formal oc- Committee to Notify President casions. As an example, the minority whip, a member of the § 24.2 The majority whip has Joint Inaugural Committee, made frequently been appointed to an announcement on Jan. 16,

5. 106 CONG. REC. 19161, 19162, 86th 10. See 113 CONG. REC. 327, 328, 90th Cong. 2d Sess. Cong. 1st Sess., Jan. 10, 1967. 6. Sam Rayburn (Tex.). 11. See 115 CONG. REC. 35, 91st Cong. 7. Mr. Leslie C. Arends (Ill.) was the 1st Sess., Jan. 3, 1969. minority whip. 12. See, for further discussion of the se- 8. See §§ 12.3, 21.9, supra. lection of the committee to notify the 9. See § 12.3, supra. President, §§ 3.15, 21.4, supra.

262 PARTY ORGANIZATION Ch. 3 § 24

1953,(13) respecting transportation MR. BOGGS: Mr. Speaker, one of the arrangements on the occasion of significant events of recent years has the inauguration ceremonies. been the exchange of visits by the members of the free parliaments of the world. We are very fortunate today to On Apr. 29, 1957, the majority have in our midst a distinguished dele- whip, Carl Albert, of Oklahoma, gation of parliamentarians from the made a unanimous-consent re- great country of India. . . . quest that it should be in order on a designated day for the Speaker By way of further illustration, to declare a recess for the purpose party whips have made appro- of receiving the President of the priate remarks in the House on ( ) Republic of Viet Nam. 14 the occasion of consideration of a resolution commending John W. Expressions of Courtesy McCormack, of Massachusetts, on his length of service as Speak- er,(16) on the occasion of the Par- § 24.4 The party whips have liamentarian’s birthday,(17) and frequently made remarks in the like. the House in recognition of particular events, or ex- On the last day of the 89th Con- tended courtesies as appro- gress, the majority whip, Mr. priate. Boggs, acting for the Majority Leader, praised the work of the Illustrative of the remarks Congress and its Members and made by the party whips in rec- employees;(18) yielded to others for ognition of particular events were similar remarks; and asked unani- those made by the majority whip, mous consent that the Majority Hale Boggs, of Louisiana, on the Leader be permitted to extend his occasion of a visit by members of remarks, of a similar nature, in the Indian Parliament. The re- the Record.(19) marks in part were as follows: (15) 16. 116 CONG. REC. 17022, 17023, 91st 13. 99 CONG. REC. 421, 83d Cong. 1st Cong. 2d Sess., May 26, 1970. Sess. 17. 116 CONG. REC. 5710, 91st Cong. 2d 14. 103 CONG. REC. 6127, 85th Cong. 1st Sess., Mar. 3, 1970 (remarks of Mr. Sess. For similar requests made by Leslie C. Arends [Ill.]). the Majority Leader, see § 21.22, 18. 112 CONG. REC. 28866–28868, 89th supra. Cong. 2d Sess., Oct. 22, 1966. 15. 109 CONG. REC. 11746, 11747, 88th 19. 112 CONG. REC. 28867, 89th Cong. Cong. 1st Sess., June 26, 1963. 2d Sess., Oct. 22, 1966.

263 Ch. 3 § 25 DESCHLER’S PRECEDENTS

§ 25. Allowances—Clerk- resolution (H. Res. 147) and ask for its immediate consideration. Hire Allowance The Clerk read as follows:

(20) Resolved, That in order to enable By statute, a specified allow- the majority whip and the minority ance is given for office personnel whip each to employ an administra- in the offices of the majority and tive assistant at a rate of basic compensation not to exceed $8,000 per minority whips, in addition to the annum, there shall be paid out of the clerk-hire allowances given to contingent fund of the House, until Members generally. Similarly, a otherwise provided by law, com- (1) pensation for the employment of statute contains specific provi- such administrative assistants. sions relating to allowances for The resolution was agreed to. airmail and special delivery ( ) stamps in the offices of the major- Similarly, on Mar. 9, 1965, 3 ity and minority whips. the following resolution relating in part to the compensation of administrative assistants to the party whips, was adopted: Allowances H. RES. 258 § 25.1 On occasion, the clerk- Resolved, That, effective March 1, hire allowance of the whips 1965, there shall be payable from the has been increased, or new contingent fund of the House of Rep- positions created in the of- resentatives, until otherwise provided by law, an amount which will permit fices of the whips, and pay- the payment of basic compensation per ments authorized from the annum, at a rate not in excess of the contingent fund of the highest amount which, together with additional compensation authorized by House. law, will not exceed the maximum rate In the 83d Congress, a resolu- authorized by the Classification Act of tion was offered relating to the 1949, as amended, to the administrative assistant of each of the employment of administrative as- following: . . . sistants in the offices of the ma- (4) the majority whip of the House; jority and minority whips; the pro- (5) the minority whip of the House ceedings were as follows: (2) ...

MR. [CHARLES A.] HALLECK [of Indi- As a further illustration, a reso- ana]: Mr. Speaker, I offer a privileged lution adopted on Jan. 26, 1966,(4)

20. 2 USC § 333. 3. 111 CONG. REC. 4405, 89th Cong. 1st 1. 1. 2 USC § 42d. Sess. 2. 99 CONG. REC. 1219, 83d Cong. 1st 4. 112 CONG. REC. 1125, 89th Cong. 2d Sess., Feb. 18, 1953. Sess.

264 PARTY ORGANIZATION Ch. 3 § 25 authorized additional clerical help by law, such sums as may be necessary in the offices of, among others, the for: . . . majority and minority whips, as (b) An additional position in the Of- follows. fice of the Majority Whip, the basic compensation of which shall be at a H. RES. 690 rate not to exceed $2,500 per annum. Resolved, That effective February 1, (c) An additional position in the Of- 1966, there shall be paid out of the fice of the Minority Whip, the basic contingent fund of the House of Rep- compensation of which shall be at a resentatives, until otherwise provided rate not to exceed $2,500 per annum.

265 CHAPTER 4

House Facilities and Capitol Grounds

A. Introductory § 1. In General; Care, Protection and Use § 2. Demonstrations and Disturbances § 3. Hall of the House § 4. Admission to House Floor

B. House Galleries and Buildings § 5. Galleries § 6. Office Buildings

INDEX TO PRECEDENTS

Assignment of office suites to Mem- Gallery tickets, distribution of, § 5.2 bers, § 6.1 Hall, use of, for purposes of enter- Chamber, photographs of, § 3.5 tainment, § 3.2 Chamber, use of, § 3.1 Joint sessions, floor privileges at, after adjournment, § 3.3 § 4.3 Cloakroom, use of, § 4.1 Office suites, assignment of, § 6.1 Floor privileges, § 4.2 Protection of Capitol by federal during election contests, § 4.5 troops, § 1.2 during joint sessions, § 4.3 Select committees, operation of for former Members, § 4.7 House facility by, § 1.1 for recipients of congressional appre- Speaker’s lobby, use of, § 4.1 ciation, § 4.6 Visitors, Speaker’s control over, § 5.1 for U.S. Senators, § 4.8 Visitors in galleries, making ref- suspension of rule as to, § 4.2 erence to, §§ 5.3–5.5 Gallery occupants, conduct of, § 5.6 Visitors in House office buildings, sanctions against, § 5.6 § 6.2

267

House Facilities and Capitol Grounds

A. INTRODUCTORY § 1. In General; Care, Pro- care of the exterior,(6) repairs,(7) tection and Use and in the House side of the Cap- itol the lighting, heating, and ven- The manner in which a par- tilating.(8) He also carries into ef- ticular facility of the House may fect the provision prohibiting the be used is frequently regulated by use of the Capitol rooms for pri- a federal statute, federal judicial vate studios or works of art, with- decision, House rule, or precedent out permission from the Joint of the House. The discussion in Committee on the Library.(9) this chapter emphasizes those fa- Privately-owned works of art cilities that are regulated by one may not be exhibited in Statuary or more of the above. While the Hall, the Rotunda, nor in the cor- creation of several special select ridors of the Capitol. 40 USC committees to oversee the man- § 189 (1970). National Statuary agement of certain designated Hall, however, may be used for House facilities is described ceremonies when special permis- below,(1) standing committee juris- sion is given by the Speaker. See diction over the various House fa- Ch. 36, infra. ( ) cilities is discussed elsewhere. 2 The responsibility for policing Numerous statutory enact- the Capitol buildings and grounds ( ) ments 3 provide for the care, pro- is vested in the Capitol Police, tection, and use of the Capitol under the direction of the Capitol building and grounds. The Archi- Police Board.(10) On several ex- tect of the Capitol (4) supervises the care and superintendence of 6. 40 USC § 163a (1970). the Capitol Building,(5) including 7. 40 USC § 166 (1970). 8. 40 USC § 167 (1970). 1. See § 1.1, infra. 9. 40 USC § 190 (1970). 2. See Ch. 17, infra. 10. 40 USC § 212a (1970). The Capitol 3. See 40 USC §§ 161–217a. Police Board consists of the Sergeant 4. For a description of the powers and at Arms of the United States Senate, duties of the Architect of the Capitol the Sergeant at Arms of the House see 40 USC § 162 (1970). of Representatives, and the Architect 5. 40 USC § 163 (1970). of the Capitol. 40 USC § 212a (1970).

269 Ch. 4 § 1 DESCHLER’S PRECEDENTS traordinary occasions, however, Creation of Select Committees Federal troops have been called to protect the Capitol.(11) § 1.1 The House sometimes cre- The protection of the Capitol ates a special select com- building and grounds (12) is regu- mittee to manage or oversee lated by statutory provisions (13) the operation of a designated that limit the conduct and activi- House facility. ties which are permitted to occur On Dec. 6, 1967,(19) the House there. Public use of the Capitol adopted a resolution creating a se- grounds is generally confined to lect committee to manage the paved areas,(14) and the roads on House Beauty Shop. The resolu- the grounds may not be occupied tion vested complete managerial in such manner as to obstruct or authority in the three-member hinder their proper use.(15) Sales committee, which was to be ap- and solicitations are forbidden, as pointed by the Speaker. The select are advertising displays.(16) A pro- committee was made permanent vision also makes punishable by Pub. L. No. 91–145 (83 Stat. climbing upon, removing or dam- 347). aging any property or plant life on The House has adopted similar the Capitol grounds.(17) The unau- resolutions on several other occa- (20) thorized presence upon the floor of sions. In the 90th Congress the either House, in the gallery of ei- House adopted a resolution creating a select committee to regu- ther House, or in any room within late parking on the House side of any of the Capitol buildings des- the Capitol. In the 91st Con- ignated for the use of any Mem- gress (1) the House established a ber, committee, subcommittee, or select committee to oversee the employee of either House of Con- management of the House Res- gress is statutorily prohibited.(18) taurant.(2)

11. See § 1.2, infra. 19. 113 CONG REC. 35143, 90th Cong. 12. The area comprising the Capitol 1st Sess. grounds is described at 40 USC 20. 113 CONG. REC. 17791, 17792, 90th § 193a (1970). Cong. 1st Sess., June 28, 1967. 13. 40 USC §§ 193a–193m (1970). 1. 115 CONG. REC. 19080, 19081, 91st 14. 40 USC § 193b (1970). Cong. 1st Sess., July 10, 1969. 15. 40 USC § 193c (1970). 2. The responsibility for the manage- 16. 40 USC § 193d (1970). ment of the House Restaurant is, by 17. 40 USC § 193e (1970). statute, vested in the Architect of 18. 40 USC § 193f(b)(1)–(3) (1970). the Capitol. 40 USC § 174k (1970).

270 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 1

Protection of Capitol by Fed- Capitol until Friday, Apr. 12, eral Troops when they were withdrawn on order of the Secretary of Defense. § 1.2 Federal troops have been The deployment of troops was in called upon to guard the accordance with the Emergency Capitol and its facilities on Plan for Protection of the Capitol, several extraordinary occa- which had been previously ap- sions. proved by the Speaker of the On Apr. 5, 1968, in response to House and the Vice President of the widespread civil disorder that the United States. Specific author- arose in the District of Columbia ity was neither requested by nor following the assassination of Dr. received from the Speaker or Martin Luther King in Memphis, other Capitol officials prior to the Tennessee, the preceding day, assignment of troops to guard the President Lyndon B. Johnson Capitol. ( ) issued an executive order 3 au- On Feb. 25, 1943,(4) Speaker thorizing the Secretary of Defense Sam Rayburn, of Texas, from the to mobilize National Guard Troops floor of the House, defended his and to order regular armed forces policy of having the Capitol pro- into the District of Columbia to tected by federal soldiers for a restore law and order, protect gov- time during World War II: ernment property and prevent interference with governmental ac- Mr. Speaker, I am utterly amazed at tivities. The Capitol was one of my colleague from Minnesota, a man usually of splendid judgment and abso- the first areas secured when the lute fairness. troops arrived on Friday, Apr. 5. We have on this hill $180,000,000 Troops remained on duty at the worth of property...... It happens to be the business of The Committee on House Adminis- the Speaker of the House of Represent- tration has jurisdiction of measures atives to protect the property on this relating to the House Restaurant. hill, and it cannot be protected by a Rule XI clause 9(1), House Rules and few Metropolitan Police. . . . [S]ome Manual § 693 (1973). The Select day or some night somebody may come Committee on the House Restaurant, into this building and destroy a million which supervises the operation of the dollars worth of property. As long as I restaurant, now operates under the have the responsibility, I am going to authority of the Committee on House keep somebody here to protect these Administration. House Rules and buildings. Manual § 695 (1973). 3. Executive Order No. 11403, 33 Fed. 4. 89 CONG. REC. 1324, 78th Cong. 1st Reg. (1968). Sess.

271 Ch. 4 § 2 DESCHLER’S PRECEDENTS

§ 2. Demonstrations and to impede passage through or Disturbances within the Capitol grounds or Capitol buildings; to engage in Federal statutory provisions (5) any act of physical violence upon make violent, disorderly or disrup- the Capitol grounds or within any tive acts in the Capitol building or of the Capitol buildings; or to pa- on the Capitol grounds unlawful, rade, demonstrate, or picket with- as well as prohibiting all unau- in any of the Capitol buildings.(8) thorized demonstrations. The un- On Nov. 6, 1972,(9) the Supreme authorized possession or use on Court ruled that section 193g of the Capitol grounds of any fire- title 40 unconstitutionally arm, dangerous weapon, explo- abridges the first amendment sive, or incendiary device is un- right to assemble and petition the lawful.(6) The unauthorized pres- government. Section 193g pro- ence of any person or any group of vides: persons upon the floor or in the It is forbidden to parade, stand, or gallery of either House of Con- move in processions or assemblages in gress is a violation of federal stat- said United States Capitol Grounds, or utory law, as is unauthorized to display therein any flag, banner, or presence in any room within any device designed or adapted to bring of the Capitol buildings set aside into public notice any party, organiza- or designated for the use of either tion, or movement, except as herein- House of Congress or any Mem- after provided in sections 193j and 193k of this title. ber, committee, subcommittee, officer, or employee of either House Sections 193j and 193k provide of Congress, with the intent to that on ‘‘proper occasions’’ the pro- disrupt the orderly conduct of offi- hibitions contained in sections cial business.(7) It is also unlawful 193b-193g may be suspended by to willfully and knowingly utter the President of the Senate and abusive language at any place the Speaker of the House, or in upon the Capitol grounds with the their absence by the Capitol Police intent to disturb the orderly con- Board. duct of any session of either The Jeannette Rankin Brigade, House of Congress, including com- a coalition of women against the mittee or subcommittee hearings; 8. 40 USC § 193f(b)(4)–(7) (1970). 5. 40 USC §§ 193f and 193g (1970). 9. Chief of Capitol Police v Jeannette 6. 40 USC § 193f(a)(1) (1970). Rankin Brigade, 409 U.S. 972 (Nov. 7. 40 USC § 193f(b)(1)–(3) (1970). 6, 1972).

272 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 2 war in Vietnam, and 58 individual trict Court to the Supreme Court. women filed a complaint in the The Supreme Court, acting with- United States District Court for out a hearing and with no written the District of Columbia on Jan. opinion, affirmed the decision of 8, 1968, following the refusal by the District Court holding section the Capitol Police Board to permit 193g to be unconstitutional.(12) them to carry out a planned On Mar. 1, 1954,(13) an extraor- march on the Capitol grounds to dinary incident occurred in the protest the war. The three-judge House Chamber. A discharge of court balanced the plaintiffs’ right firearms from the House Gallery to assemble and petition the gov- interrupted the counting of a divi- ernment under the First Amend- sion vote on a resolution relating ment against the interests of maintaining the serenity of the to the supplying of agricultural Capitol grounds and concluded: workers from Mexico. Four Puerto Rican terrorists in Gallery Eleven While some substantial govern- fired an estimated 20 to 30 pistol mental interests in the Capitol Grounds may warrant protection, none shots downward into the crowd of have been alleged which are suffi- Members on the floor. Five Mem- ciently substantial to override the fun- bers were wounded. All five of the damental right to petition ‘‘in its clas- wounded Members were dis- sic form’’ and to justify a blanket prohibition of all assemblies, no matter charged from the hospitals by the how peaceful and orderly, anywhere on end of May, 1954. the Capitol Grounds.(10) The four assailants were identi- The court refused to rewrite the fied by police as belonging to the provision to make it consistent Puerto Rican Nationalist Party. with the First Amendment rights They were brought to trial in the of the plaintiffs, stating that U.S. District Court for the District under the concepts embodied in of Columbia. Three of the four the separation of powers doctrine, were sentenced to serve a total of such a function is more appro- from 25 to 75 years in prison, priately to be performed by Con- while the fourth was sentenced to gress.(11) serve from 16 years and months The defendants took a direct ap- to 50 Years. peal from the decision of the Dis- 12. Chief of Capitol Police v Jeannette 10. Jeannette Rankin Brigade v Chief of Rankin Brigade, 409 U.S. 972 (Nov. Capitol Police, 342 F Supp 575, 585 6, 1972). (D.D.C. 1972). 13. 100 CONG. REC. 2434, 83d Cong. 2d 11. 342 F SUPP at 587. Sess.

273 Ch. 4 § 3 DESCHLER’S PRECEDENTS

§ 3. Hall of the House times held in the Chamber, as Rule XXXI specifically authorizes Under House Rule I clause 3, them.(17) Occasionally the House the Speaker has ‘‘general control votes to participate in ceremonies . . . of the Hall of the House.’’ (14) to be held in the Hall.(18) A more specific provision dealing It is in violation of the common with the use of the House Cham- law of the House for a visitor, ber, however, is Rule XXXI: without authorization, to photo- ( ) The Hall of the House shall be used graph the House Chamber. 19 only for the legislative business of the However, the House, by resolu- House and for the caucus meetings of tion, sometimes permits special its Members, except upon occasions groups, such as historical soci- where the House by resolution agrees to take a part in any ceremonies to be eties, to photograph the House in (20) observed therein; and the Speaker session, and the Speaker usu- shall not entertain a motion for the ally permits a photograph of the suspension of this Rule.(15) House in session to be taken on ( ) The House has been very reluc- the first day of each Congress. 1 tant to permit the Chamber to be used for other than legislative Use of House Chamber purposes. An occasion on which § 3.1 The House Chamber is oc- the House permitted the Chair- casionally used for certain man of the Isthmian Canal Com- meetings of Members. mission to address the House, rel- ( ) ative to the construction of the On Jan. 10, 1947, 2 an an- Panama Canal, was characterized nouncement was made in the as ‘‘[a]n exceptional instance in House concerning a meeting to be which the Hall of the House was 17. § 3.1, infra. used for other than legislative 18. See Ch. 36, infra. business.’’ 8 Cannon’s Precedents 19. See § 3.5, infra. § 3632. It is not necessary, however, to clear Members may not entertain the gallery when one visitor is vio- guests in the Hall,(16) but caucus lating the rules by taking pictures. meetings of Members are some- The Speaker may order the offending party to leave the gallery. See § 5.7, 14. House Rules and Manual § 623 infra. (1973). 20. See § 3.5, infra. 15. House Rules and Manual § 918 1. See § 3.5, infra. (1973). 2. 93 CONG. REC. 255, 80th Cong. 1st 16. § 3.2, infra. Sess.

274 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 3 held in the House Chamber for held in the House Chamber imme- the veterans of all wars who were diately after the adjournment of Members of the House at that Congress. time. The stated purpose of the meeting was the reorganization of § 3.3 The House controls the a veterans’ group, and this meet- use of its Chamber even after ing, as well as all future ones, was it adjourns for a session. to be nonpolitical, social, and edu- On June 18, 1934,(5) a resolu- cational in character. tion was introduced to prevent the use of the House Chamber after § 3.2 Permission to use the the adjournment of Congress for Hall of the House for pur- certain entertainment which was poses of entertainment will to be broadcast over radio. A ordinarily be refused. Member then raised the point of order that the resolution was not (3) On Feb. 14, 1955, Speaker privileged, because it was con- Sam Rayburn, of Texas, after templated that the entertainment reading the text of Rule XXXI, would be held after the adjourn- made the following remarks con- ment of the House. The Speaker (6) cerning the use of the Hall of the rendered the following ruling on House: the point of order: A great many Members have asked The object of the resolution is to the Parliamentarian and the present reach something which might occur occupant of the chair about the use of after the adjournment of the House, the Hall of the House of Representa- but the Chair thinks it is a close ques- tives. At any time in the future when tion. The House controls the use of its any Member desires to entertain a own Chamber even after it adjourns; group except Members of the House of therefore the Chair prefers to submit Representatives it will be held that the the question to the House. caucus room is open for that purpose, The previous question was then but not the Hall of the House of Rep- ordered, and the resolution was resentatives. agreed to. On June 18, 1934,(4) the House adopted a resolution forbidding § 3.4 On one occasion the certain entertainment, which was House authorized a special to be broadcast over radio, to be group to use the House Chamber when the House 3. 101 CONG. REC. 1512, 84th Cong. 1st was not in session. Sess. 4. 78 CONG. REC. 12567, 73d Cong. 2d 5. Id. Sess. 6. Henry T. Rainey (Ill.).

275 Ch. 4 § 3 DESCHLER’S PRECEDENTS

On Aug. 1, 1953,(7) the House The Speaker traditionally per- by unanimous consent considered mits certain photographers to and adopted the following resolu- take photographs at the opening tion: session of each new Congress, pro- Resolved, That the consent of the vided that they do so in accord- House is hereby granted for the use by ance with carefully drawn guide- the Interparliamentary Union of the lines. Occasionally members of the Hall of the House of Representatives, news media have violated these and such committee rooms in the Cap- itol and the House Office Buildings as guidelines. At the opening session the Speaker may direct, for its session of the 91st Congress, members of in the year 1953, during the month of the news media violated the re- October: Provided, however, That this strictions by taking pictures dur- consent shall not be binding if the Con- ing the period when the kleig gress shall be in session when the said Interparliamentary Union shall con- lights were turned out. Speaker vene: And provided further, That such McCormack called this matter to use shall be subject to the control and the attention of the news media management of the officers of the galleries and requested a report House. from each on the action taken by Photographing the House them with respect to the viola- Chamber tions of the regulations as well as the provisions they were making § 3.5 Visitors may not, without to prevent such violations in the authorization, photograph future.(9) the House Chamber. On Jan. 14, 1946, photog- Parliamentarian’s Note: Under raphers violated the guidelines by the practice of the House, permis- taking a picture of the House in sion must be obtained before pho- session before the initial quorum tographs may be taken inside the call. The photograph, showing ap- House Chamber. Permission may proximately 60 Members present take the form of a House resolu- in the Chamber, was published in tion similar to the one which per- newspapers throughout the coun- mitted the United States Capitol try, along with a caption berating Historical Society to photograph Congress for not attending to du- the House in session.(8) ties at the beginning of the ses-

7. 99 CONG. REC. 10917, 83d Cong. 1st 9. See the statement by Speaker John Sess. W. McCormack (Mass.) at 115 CONG. 8. See 110 CONG. REC. 3224, 88th REC. 145, 91st Cong. 1st Sess., Jan. Cong. 2d Sess., Feb. 20, 1964. 6, 1969.

276 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 sion. See the statement by Speak- ed officers and elected minority emer pro tempore John W. McCor- ployees of the House (other than Mem- bers), the Parliamentarian and former mack, of Massachusetts, at 92 Parliamentarians of the House, former CONG. REC. 20, 79th Cong. 2d elected officers and former elected mi- Sess., Jan. 14, 1946. nority employees of the House (other than ex-Members) who are not interested in any claim or directly in any bill pending before Congress, and § 4. Admission to House clerks of committees when business Floor from their committee is under consideration; and it shall not be in order for House Rule XXXII clause 1 (10) the Speaker to entertain a request for the suspension of this rule or to enumerates those persons entitled present from the chair the request of to be admitted to the floor or any Member for unanimous consent. (11) rooms leading thereto, while Rule XXXII clause 2 sets forth the the House is in session: conditions under which persons 1. The persons hereinafter named, may be admitted to the floor when and none other, shall be admitted to the House is not in session: the Hall of the House or rooms leading thereto, viz: The President and Vice There shall be excluded at all times President of the United States and from the Hall of the House of Rep- their private secretaries, judges of the resentatives and the cloakrooms all persons not entitled to the privilege of Supreme Court, Members of Congress the floor during the session, except and Members-elect, contestants in elec- that until fifteen minutes of the hour tion cases during the pendency of their of the meeting of the House persons cases in the House, the Secretary and employed in its service, accredited Sergeant-at-Arms of the Senate, heads members of the press entitled to ad- of departments, foreign ministers, gov- mission to the press gallery, and other ernors of States, the Architect of the persons on request of Members, by Capitol, the Librarian of Congress and card or in writing, may be admitted. his assistant in charge of the Law Li- The provision that prohibits the brary, the Resident Commissioner to (12) the United States from Puerto Rico, Speaker from entertaining a each Delegate to the House, such per- request for the suspension of Rule sons as have, by name, received the XXXII has been rigidly enforced thanks of Congress, ex-Members of the during regular sessions.(13) House of Representatives who are not interested in any claim or directly in 12. This provision in Rule XXXII clause any bill pending before Congress, elect- 1 is equally applicable to the Chair- man of the Committee of the Whole. 10. House Rules and Manual § 919 5 Hinds’ Precedents § 7285. (1973). 13. See § 4.2, infra; 5 Hinds’ Precedents 11. See § 4.1, infra. § 7284.

277 Ch. 4 § 4 DESCHLER’S PRECEDENTS

On the occasion of ceremonies, rent resolution expressing the however, the provision is con- thanks of Congress does not enti- strued more broadly.(14) tle the recipient to floor privileges At joint meetings of Congress, under Rule XXXII. The expression although Rule XXXII is observed, of thanks must be in the form of it is recognized under the customs an act of Congress,(17) and the re- and practices of the House that cipient must be named.(18) The one of the purposes of a joint type of interest in the legislation meeting is to permit selected peo- under consideration that is suffi- ple who do not have floor privi- cient to disqualify an ex-Member leges to come upon the floor.(15) from the privilege of the floor has Several of the classes of persons been interpreted on several occa- entitled to floor privileges under sions.(19) Rule XXXII have been further de- The rule has been interpreted fined in rulings by the Chair. so as to exclude from the privilege ‘‘Contestants’’ in election contests of the floor clerks other than those have been granted the privilege of employed by the committee in the House floor even though they charge of the bill under consider- were not themselves candidates in ation.(20) Similarly, floor privileges the general election.(16) A concur- are not extended to employees of

14. Illustrative of this point is an occur- 17. See § 4.6, infra. rence described in 5 Hinds’ Prece- 18. 8 Cannon’s Precedents § 3638. dents § 7290. On Dec. 19, 1894, 19. Speaker Sam Rayburn (Tex.) held Speaker Charles F. Crisp (Ga.) sub- that employment by an organization mitted a unanimous-consent request with a direct interest in the legisla- that a State Governor and his staff tion under consideration was suffi- be admitted to the floor during a cient. For an interpretation of this ceremony the following day, despite provision by a committee of Con- the provision in Rule XXXII that gress, see 5 Hinds’ Precedents prohibits submission of such re- § 7289. quests. The Speaker considered the 20. 8 Cannon’s Precedents § 3636. rule to apply only when the House Rule XXXII, which permits was engaged in the transaction of or- clerks of committees access to the dinary business. floor during the consideration of 15. See § 4.4, infra. But see 5 Hinds’ business from their committee, has Precedents § 9272, which states that been interpreted by the Speaker to the rule relating to admission to the allow only a limited number of clerks floor does not apply to joint sessions on the floor at one time. 118 CONG. of the two Houses. REC. 20318, 92d Cong. 2d Sess., 16. See § 4.5, infra. June 8, 1972.

278 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 an executive department who privileges of the floor for a regular have assisted the committee in session of the House. This has the preparation of the bill under been done, however, only on sev- consideration.(1) United States eral early occasions.(5) Senators have been held not to The Doorkeeper, as part of his possess the privilege of addressing general duties,(6) enforces strictly the House, although they may be the rules relating to the privileges (2) present on the House floor. of the Hall of the House (7) and al- In addition to the floor privi- lows no person to enter the room leges granted under Rule XXXII, over the Hall while the House is certain representatives of the in session.(8) press and broadcast media may be He also sees that the floor is admitted to the floor under House cleared of all persons without floor Rule XXXIV: privileges 15 minutes before each 2. . . . [A]nd the Speaker may as- meeting of the House and for 10 sign one seat on the floor to Associated (9) Press reporters and one to United minutes after adjournment. Press International, and regulate the An alleged violation of the rules occupation of the same. And the relating to admission to the floor Speaker may admit to the floor, under presents a question of privilege.(10) such regulations as he may prescribe, one additional representative of each 5. On Feb. 10, 1870, the privileges of press association.(3) the floor for a day were extended to 3. . . . [A]nd the Speaker may admit John Kitts, a Revolutionary War sol- to the floor, under such regulations as dier, who had seen the surrender of he may prescribe, one representative of Cornwallis. 5 Hinds’ Precedents the National Broadcasting Company, one of the Columbia Broadcasting Sys- § 7293. On Jan. 8, 1844, the House tem, one of the Mutual Broadcasting extended the privileges of the floor to System, and one of the American the widow of President Madison. 5 Broadcasting Company.(4) Hinds’ Precedents § 7081. 6. For a more detailed discussion of the The House may grant to some- duties of the Doorkeeper, see Ch. 6, one not entitled to floor privileges infra. under the House rules the rare 7. Rule V clause 1, House Rules and honor of special admission to the Manual § 651 (1973). 8. Rule V clause 2, House Rules and 1. 6 Cannon’s Precedents § 579. Manual § 653 (1973). 2. See § 4.8, infra. 9. Rule V clause 2, House Rules and 3. House Rules and Manual § 930a Manual § 653 (1973). (1973). 10. 6 Cannon’s Precedents § 579.3 Hinds’ 4. Id. Precedents §§ 2624–25.

279 Ch. 4 § 4 DESCHLER’S PRECEDENTS

Rooms Adjacent to Floor or to the Speaker’s lobby, so-called, where Members and the newspaper § 4.1 Persons who are not enti- folk and others that are privileged to be in there confer. tled to floor privileges under Rule XXXII may not be ad- Suspension of Rule Relative to mitted to the ‘‘Hall of the Floor Privileges House or rooms leading thereto,’’ which include the § 4.2 The Chair may not enter- cloakroom and the Speaker’s tain a request to suspend lobby. Rule XXXII, which enumer- On Oct. 2, 1945,(11) the fol- ates those persons entitled to lowing proceedings occurred: admission to the House floor. (13) MR. [FRANK B.] KEEFE [of Wis- On Mar. 25, 1940, prior to consin]: Mr. Speaker, a parliamentary the consideration of a bill to pro- inquiry. vide revenue for the District of THE SPEAKER: (12) The gentleman will Columbia, the following unani- state it. mous-consent request was made: MR. KEEFE: Mr. Speaker, rule XXXII MR. [JACK] NICHOLS [of Oklahoma]: of the Rules of the House of Represent- . . . First, Mr. Speaker, I ask unani- atives reads, in part: mous consent that an expert who has The persons hereinafter named aided this committee in the prepara- and none other shall be admitted to tion of this bill be permitted to sit at the halls of the House or rooms lead- the committee table. ing thereto. . . . MR. [JOSEPH W.] MARTIN [Jr.] of . . . [D]oes the language ‘‘or rooms Massachusetts: Reserving the right to leading thereto’’ include the lobby and object, Mr. Speaker, I am afraid this would be establishing quite a prece- reading room adjacent to the House dent. It is contrary to the rules of the floor? House. THE SPEAKER: The Chair may say to MR. NICHOLS: I may say to the gen- the gentleman from Wisconsin [Mr. tleman from Massachusetts that when Keefe] that the present occupant of the similar bills were considered on two Chair has always been very jealous of previous occasions on the floor of the all the rules of the House, and espe- House the same request was made and cially this one. agreed to. Certainly there is precedent The Chair thinks that no person who for such action in the House. is not named in the rule should have THE SPEAKER: (14) The Chair observes the privilege of the floor of the House that under the rules the Chair cannot of Representatives or to the cloakroom entertain such a request.

11. 91 CONG. REC. 9251, 79th Cong. 1st 13. 86 CONG. REC. 3359, 76th Cong. 3d Sess. Sess. 12. Sam Rayburn (Tex.). 14. William B. Bankhead (Ala.).

280 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4

MR. NICHOLS: Similar requests have THE SPEAKER: The Chair desires to been submitted and granted when pre- make an announcement. vious tax bills have been under consid- After consultation with the majority eration, Mr. Speaker. and minority leaders, and with their THE SPEAKER: Rule XXXIII [now consent and approval, the Chair an- Rule XXXII], which enumerates those nounces that at the time set for the persons entitled to the floor, provides, joint session to hear an address by the in part, as follows: President of the United States, only It shall not be in order for the the doors immediately opposite the Speaker to entertain a request for Speaker and those on his left and right the suspension of this rule or to will be open. No one will be allowed on present from the Chair the request the floor of the House who does not of any Member for unanimous con- have the privileges of the floor of the sent. House. The Chair suggests that ex- This is the general rule relating to Members of the House seat themselves admission to the floor of the House. in the folding chairs so that sitting Of course, personally, the Chair has Members may find their accustomed no feeling in the matter. Although it places in the Chamber. may have been done heretofore, the attention of the Chair was not called to Parliamentarian’s Note: On Apr. it. 14, 1948, Speaker Joseph W. Mar- tin, Jr., of Massachusetts, ad- Joint Sessions of Congress dressed a letter to all Members of the House suggesting that they § 4.3 Prior to a scheduled joint refrain from attempting to bring meeting of Congress, the children or relatives on the floor, Speaker frequently an- during the upcoming celebration nounces that only persons of the 50th anniversary of the lib- with floor privileges will be eration of Cuba. admitted to the floor during the joint meeting. § 4.4 Although Rule XXXII, The following announcement, which enumerates those per- made by Speaker John W. McCor- sons entitled to floor privi- mack, of Massachusetts, on Jan. leges, is observed at joint 10, 1967,(15) is typical: meetings of Congress, it is recognized that under the 15. 113 CONG. REC. 34, 35, 90th Cong. customs and practices of the 1st Sess. For further illustrations see House, one of the purposes of 111 CONG. REC. 27, 89th Cong. 1st a joint meeting is to permit Sess., Jan. 4, 1965; 107 CONG. REC. 1340, 87th Cong. 1st Sess., Jan. 26, people who do not have the 1961; 97 CONG. REC. 4072, 82d Cong. privilege of the floor to come 1st Sess., Apr. 18, 1951. upon the floor. 281 Ch. 4 § 4 DESCHLER’S PRECEDENTS

On Feb. 24, 1970,(16) the fol- MR. PODELL: . . . I shall read to you lowing parliamentary inquiry was [rule] 32 of the Rules of the House of raised: Representatives relating to admission to the floor. MR. [BERTRAM L.] PODELL [of New The persons hereinafter named, and York]: Mr. Speaker, I should like to none other, shall be admitted to the make a parliamentary inquiry. Hall of the House or rooms leading THE SPEAKER: (17) The gentleman will thereto, viz: The President and Vice state his parliamentary inquiry. President of the United States and MR. PODELL: I should like to know their private secretaries, judges of the whether or not on tomorrow, at 12:30, Supreme Court, Members of Congress during the address by President and Members-elect. . . . Pompidou to the joint meeting of the It continues on with a few more cat- House of Representatives and the Sen- egories, and it says that no other per- ate, whether Rule 32 of the Rules of son shall be admitted to the floor and the House of Representatives relating the Speaker may not request such per- to admissions to the floor will be recog- mission under the appropriate provi- nized, or whether those rules will be sions. suspended? THE SPEAKER: In further response to THE SPEAKER: The answer to that is the gentleman’s inquiry, the Chair will that the rule will be recognized, but follow the customs and the practices of the purpose of the joint meeting is to the House when there is a joint meet- receive the visitor who will come to the ing taking place. House Chamber. The Chair will follow the rules of the House. Contestants in Election Con- MR. PODELL: Mr. Speaker, a further tests parliamentary inquiry. THE SPEAKER: The gentleman will § 4.5 On one occasion chal- state it. lengers in an election contest MR. PODELL: I should like to know whether or not rule 32, which relates were considered to be ‘‘con- to the restriction of those people to be testants’’ who were entitled admitted to the floor, will be observed to floor privileges pursuant tomorrow, or whether it will be sus- to Rule XXXII during the pended because it is a joint meeting or pendency of their case, even because the House is in recess? though they had not been THE SPEAKER: The Chair will state that one of the purposes of a joint candidates in the election in meeting is to permit people who do not which the sitting Members have the privilege of the floor to come were re-elected. upon the floor. Parliamentarian’s Note: On 16. 116 CONG. REC. 4546, 91st Cong. 2d Sept. 16, 1965, three of the five Sess. representatives of the Mississippi 17. John W. McCormack (Mass.). Freedom Democratic Party who 282 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 4 were contesting the re-election of within the meaning of Rule the five sitting Members of the XXXII, and were therefore enti- House from Mississippi, requested tled to be present on the floor dur- permission from the Speaker to be ing the consideration of their chal- present on the floor the following lenges.(20) day for the debate relative to their cases. Under Rule XXXII, ‘‘con- Recipients of Congressional testants in election cases during Appreciation the pendency of their cases in the House’’ (18) are entitled to floor § 4.6 A concurrent resolution privileges. Since none of the chal- expressing the thanks of lengers had been actual can- Congress, because it is not didates in the congressional elec- an act of Congress, is not suf- tions the previous November, ficient to bestow floor privi- however, their status as ‘‘contest- leges, under Rule XXXII. ants’’ within the meaning of Rule Parliamentarian’s Note: The XXXII was in doubt. The chal- House, on July 20, 1962,(1) and lengers had been defeated in the the Senate, three days later,(2) Democratic primary, and state passed a concurrent resolution (H. law had not permitted them to be Con. Res. 347) expressing the candidates in the general election. thanks of Congress to General of They alleged that the State of the Army, Douglas MacArthur. In Mississippi had systematically ex- response to an informal inquiry, cluded blacks from the electoral the Parliamentarian, on Aug. 10, process, and that the election was 1962, informed a Member that therefore without constitutional while Rule XXXII extends floor validity. The Speaker (19) noting privileges to ‘‘such persons as that both the resolution dis- have, by name, received the missing the election contests (H. Res. 585) and the report of the 20. For a Member’s statement during Committee on House Administra- the debate on the resolution dis- missing the election contests action (H. Rept. No. 1008, 89th knowledging the presence of the Cong. 1st Sess. [1965]), referred to three contestants on the floor, see the petitioners as contestants, 111 CONG. REC. 24267, 24268, 89th ruled that they were ‘‘contestants’’ Cong. 1st Sess., Sept. 17, 1965. 1. 108 CONG. REC. 14329, 87th Cong. 18. Rule XXXII clause 1, House Rules 2d Sess. and Manual § 919 (1973). 2. 108 CONG. REC. 14528, 87th Cong. 19. John W. McCormack (Mass.). 2d Sess., July 23, 1962.

283 Ch. 4 § 4 DESCHLER’S PRECEDENTS thanks of Congress,’’ (3) the con- The persons hereinafter named and none other shall be admitted to current resolution passed in favor the halls of the House or rooms lead- of General MacArthur was not an ing thereto. act of Congress and did not bestow the privilege. Then follows a list of those permitted, including: Ex-Members of the House Ex-Members of the House of Rep- resentatives who are not interested in any claim or directly in any bill § 4.7 An ex-Member who has a pending before the Congress. direct interest in a bill pending before Congress or who . . . [D]oes the quoted rule bar from the halls of the House or rooms leading is in the employ of an organi- thereto ex-Members of Congress who zation with such an interest are in the employ of organizations, cor- may not enjoy the privilege porations, or individuals that have a of the floor during pendency direct interest in the defeat or passage thereof that is normally af- of a bill pending and under debate in forded ex-Members by Rule the House? THE SPEAKER: The Chair may say to XXXII. the gentleman from Wisconsin [Mr. On Oct. 1, 1945, a former Mem- Keefe] that the present occupant of the ber, Winder Harris, was present chair has always been very jealous of at the majority table while the all the rules of the House, and espe- House was considering a ship- cially this one. The Chair thinks that sales bill. [Parliamentarian’s Note: not even an ex-Member of Congress Winder Harris was at the time an when he has a bill he is personally interested in that is coming up for con- officer in a ship-building firm.] sideration in the House nor any ex- (4) The following day, the propriety Member of the House who is in the of his presence was questioned: employ of an organization that has leg- MR. [FRANK B.] KEEFE [of Wis- islation before the Congress should be consin]: Mr. Speaker, a parliamentary allowed the privilege of the House or inquiry. the rooms that . . . constitute a part of THE SPEAKER: (5) The gentleman will the House of Representatives. state it. MR. KEEFE: Mr. Speaker, rule XXXII United States Senators of the Rules of the House of Represent- atives reads, in part: § 4.8 Since United States Sen- ators have the privilege of 3. Rule XXXII clause 1, House Rules and Manual § 919 (1973). the floor, but not the privi- 4. 91 CONG. REC. 9251, 79th Cong. 1st lege of addressing the House, Sess., Oct. 2, 1945. the Speaker will not recog- 5. Sam Rayburn (Tex.). nize a Member who wishes to 284 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5

request unanimous consent MR. [JOHN E.] RANKIN [of Mis- for consideration of a resolu- sissippi]: A parliamentary inquiry, Mr. tion inviting Members of the Speaker. Senate to address the House; THE SPEAKER: The gentleman will state it. such a resolution will be re- MR. RANKIN: Of course, the Speaker ferred to the proper com- has a right to refuse to recognize me mittee. for that purpose, but I think if the On Oct. 11, 1943,(6) after sev- Speaker will investigate the rules he eral Members expressed a desire will find that we have a right to invite that the House invite five Mem- those men to come here to address the Members in the House. bers of the Senate, who had just THE SPEAKER: The Chair has already returned from the war fronts to investigated that and finds it is other- address the House, Speaker Sam wise. Members of the Senate have the Rayburn, of Texas, made a state- privilege of the floor, but they do not ment on the subject, which was have the privilege of addressing the followed by several clarifying par- House of Representatives. liamentary inquiries: MR. [CLARE E.] HOFFMAN [of Michi- gan]: Mr. Speaker, a parliamentary in- The Chair does not intend to recog- quiry. nize a Member to ask unanimous con- THE SPEAKER: The gentleman will sent for the present consideration of a state it. resolution inviting Senators to address the House in open or executive session, MR. HOFFMAN: Would it be within because the Chair thinks that is tanta- the rules to have a recess, as we do mount to an amendment to the rules of when foreign potentates and rulers the House and, therefore, is a matter come here, and have the Senators for the House to determine. If resolu- come over and talk to us? tions like that are introduced, they will THE SPEAKER: If the House stands in be sent to the proper committee. recess at that time.

B. HOUSE GALLERIES AND BUILDINGS § 5. Galleries Rule XXXII (7) the Speaker is responsible for assigning sections of The House rules vest in the the galleries. He sets aside a por- Speaker control over the galleries tion of the West Gallery for the in the House Chamber. Under President of the United States,

6. 89 CONG. REC. 8197, 8198, 78th 7. House Rules and Manual § 922 Cong. 1st Sess. (1973).

285 Ch. 4 § 5 DESCHLER’S PRECEDENTS cabinet members, Supreme Court ties under Rule I,(12) the Speaker Justices, foreign ministers and preserves order and decorum in suites, and their respective fami- the galleries, and in the case of lies and another portion for per- disturbance or disorderly conduct, sons to be admitted on the card of he may order the galleries (13) Members. The southerly half of cleared. When the House has the East Gallery is assigned for resolved itself into the Committee of the Whole, the Chairman may the use of Members’ families. Rep- (8) exercise similar power in pre- resentatives of the press and serving order in the galleries.(14) (9) broadcast media are each enti- The Doorkeeper frequently dis- tled to have a portion of the gal- tributes tickets for admission to lery set aside for their use, subject the galleries on special occa- to such regulations as the Speaker sions.(15) Sometimes the House, by may prescribe. Supervision of resolution, makes a special rule these two portions of the gallery, for admission to the galleries on including the designation of em- the occasion of the electoral ployees, is vested respectively in a count (16) or some other occurrence standing committee of press cor- of great interest.(17) respondents and a second com- Rule XIV clause 8 (18) prohibits mittee, the Executive Committee a Member, while the House is in of the Radio and Television Cor- session, from introducing to or respondents’ Gallery. Both of bringing to the attention of the these committees, however, are House any occupant in the gal- subject to the direction and con- leries. The Speaker may not en- (10) tertain a request for the suspen- trol of the Speaker. sion of this rule by unanimous The Speaker, when he deems it consent or otherwise, (19) and if it necessary to protect the Members’ and the Houses’ facilities, may 12. House Rules and Manual §§ 621–634 order special admission cards for (1973). the galleries or a search of visi- 13. Rule I clause 2, House Rules and tors.(11) As part of his regular du- Manual § 622 (1973). 14. Rule XXIII clause 1, House Rules 8. Rule XXXII, House Rules and Man- and Manual § 861 (1973). ual § 922 (1973). 15. See § 5.2, infra. 9. Rule XXXIV clause 3, House Rules 16. 3 Hinds’ Precedents § 1961. and Manual § 930a (1973). 17. 5 Hinds’ Precedents § 7033. 10. Rule XXXIV clauses 2 and 3, House 18. House Rules and Manual § 764 Rules and Manual §§ 930 and 930a (1973). (1973). 19. Rule XIV clause 8, House Rules and 11. See § 5.1, infra. Manual § 764 (1973).

286 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5 is violated without objection from Members and the facilities the other Members present in the require it, he may order spe- Chamber, he will invoke it on his cial admission cards for the own initiative.(20) galleries or a search of visi- The rules and practices of the tors. House do not permit visitors in On Feb. 23, 1942,(5) Speaker the galleries to manifest their ap- Sam Rayburn, of Texas, set forth proval or disapproval of the pro- the reasons for ordering the ceedings on the floor by applause issuance of new gallery admission ( ) or otherwise. 1 cards and the search of visitors On occasions when cir- entering the galleries: cumstances have warranted it, an- THE SPEAKER: One of the respon- nouncements by the Chair admon- sibilities of the Speakership is the pro- ishing visitors in the galleries not tection of the Members and the places to applaud have usually been suf- in which they work. This responsi- ficient to restore order.(2) Under bility, of course, is a little more anx- the customs and practices of the ious one right now than in ordinary House, a visitor in the galleries times, and anything that is done or any regulation that is issued is issued may not, without authorization, after the best and most competent ad- ( ) photograph the House Chamber. 3 vice the Speaker is able to get. The Speaker may find that it is Some time ago cards were issued not necessary to clear the gal- and no one was allowed to come into leries when one visitor is violating the gallery without one. These cards the rule. He may just order the of- have been outstanding for some time, fending party to leave the House and I am sorry to say they have been widely distributed, many of them (4) Chamber. mailed to distant points in the country.

The Chair and those who advise him have decided that it is best to revoke Speaker’s Control Over Admis- all outstanding cards of admission to sion of Visitors the galleries. New cards have been printed and will be distributed to the Members today and tomorrow, as the § 5.1 When the Speaker’s re- cards to the gallery outstanding will sponsibility to protect the not be honored after Wednesday morning. . . . 20. See § 5.3, infra. Another thing that those who advise 1. See § 5.6, infra. me think is highly advisable is that 2. See § 5.6, infra 3. See § 3.5, supra. 5. 88 CONG. REC. 1524, 77th Cong. 2d 4. See § 5.7, infra. Sess.

287 Ch. 4 § 5 DESCHLER’S PRECEDENTS

the people entering any of the gal- sponsibility of the Door- leries, except the Members’ gallery, keeper of the House. submit themselves to search. This is ( ) thought wise and judicious by men On Feb. 28, 1945, 7 a Member who will be in the Capitol and who will on the minority side made an in- be competent for the work. quiry of the Chair concerning the I hope this may not seem too irk- allocation of gallery tickets for an some to some of our people who may upcoming joint session of Con- come to Washington. I am willing to gress. The Member alleged that take this responsibility for the reason the majority generally receives all that if a mishap occurs around the of the approximately 100 tickets Capitol somebody has got to take the responsibility, and I am willing to that remain after each Member of share my part of it. So I hope the cards the House and Senate receives that will be issued in lieu of those out- one ticket. In response, the Speak- ( ) standing may be handed in Wash- er pro tempore 8 declared that ington to visitors and constituents of the tickets are distributed in a yours and not be mailed around the proper and equitable way, and country. stated that the matter was the re- Parliamentarian’s Note: Fol- sponsibility of the Doorkeeper. lowing the shooting which occurred in the House Chamber on Reference by Members to Visi- Mar. 1, 1954,(6) the Speaker can- tors Present in Galleries celed all outstanding gallery ad- § 5.3 It is a violation of Rule mission cards, effective the day XIV clause 8 to introduce or following the shooting. New cards call attention to anyone in were printed for distribution the the galleries, and the Speak- following day, with a request er, on his own initiative, will being made to all Members by the invoke this provision. Speaker that gallery cards be ( ) issued only to persons who could On Apr. 16, 1940, 9 the fol- be vouched for by each Member lowing proceedings occurred: issuing the new cards. 7. 91 CONG. REC. 1594, 1595, 79th Cong. 1st Sess. Distribution of Gallery Tickets 8. John W. McCormack (Mass.). for Special Occasions 9. 86 CONG. REC. 4589, 76th Cong. 3d Sess. For further examples see 110 § 5.2 The distribution of tick- CONG. REC. 2264, 88th Cong. 2d ets for seats in the gallery for Sess., Feb. 6, 1964; 109 CONG. REC. special occasions is the re- 10157, 10158, 88th Cong. 1st Sess., June 4, 1963; 100 CONG. REC. 12253, 6. See § 2, supra. 83d Cong. 2d Sess., July 27, 1954.

288 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 5

MR. [BERNARD J.] GEHRMANN [of other Members present in the Wisconsin]: Mr. Speaker, I am very Chamber, and the Speaker (13) did proud to be able to announce that not invoke the rule because at the there are two children in the gallery—— time he was engaged in conversa- THE SPEAKER PRO TEMPORE: (10) The tion at the rostrum and was un- gentleman from Wisconsin will sus- able to hear the remarks. pend. The Chair calls the gentleman’s attention to the fact that it is a viola- § 5.4 It is not in order under tion of the rules of the House for a Rule XIV clause 8 to refer to Member on the floor to introduce any- visitors in the galleries, even one in the gallery. with permission to proceed MR. GEHRMANN: Mr. Speaker, I beg the Chair’s pardon, but I am not intro- out of order. ducing them. I just want to say that On July 27, 1954,(14) a Member there are two children who were attempted to direct the attention stranded in Finland in the war zone. They got out of there just before—— of the House to a French nurse, a THE SPEAKER PRO TEMPORE: The heroine of the Battle of Dien Bien gentleman’s remarks are still a viola- Phu, who was seated in the gal- tion of the rules of the House. lery: MR. GEHRMANN: Mr. Speaker, it MR. [WALTER H.] JUDD [of Min- would seem that the extraordinary oc- nesota]: Mr. Chairman, I appreciate casion, the fact that the State Depart- the gentleman’s courtesy in permitting ment interested itself—— this short interlude. One of the things THE SPEAKER PRO TEMPORE: The that always thrills everybody in the time of the gentleman from Wisconsin world is courage and devotion to duty, has expired. especially when under most trying and Parliamentarian’s Note: On sev- dangerous circumstances. I appreciate eral occasions,(11) a Member. in the opportunity to call attention to the presence in our gallery—— violation of Rule XIV clause 8,(12) THE CHAIRMAN: (15) The gentleman has called the presence of certain from Minnesota will suspend. The visitors in the gallery to the atten- Chair regrets extremely—— tion of the House. The remarks MR. JUDD: Mr. Chairman, I ask were made without objection by unanimous consent to proceed out of order. 10. Sam Rayburn (Tex.). THE CHAIRMAN: The gentleman may 11. 111 CONG. REC. 6022, 6023, 89th not proceed out of order for the pur- Cong. 1st Sess., Mar. 25, 1965; 111 CONG. REC. 5637, 89th Cong. 1st 13. John W. McCormack (Mass.). Sess., Mar. 23, 1965. 14. 100 CONG. REC. 12253, 83d Cong. 2d 12. House Rules and Manual § 764 Sess. (1973). 15. Benjamin F. James (Pa.).

289 Ch. 4 § 5 DESCHLER’S PRECEDENTS

pose [for] which he manifestly intends the galleries may not mani- to use the time. The Chair regrets extremely that he must so hold under the fest their approval or dis- rules of procedure of the House. We approval of proceedings on are all conscious of the great heroism the floor by applause or oth- of the person to whom the Chair knows that the gentleman wishes to allude, erwise. but it is a matter of extreme regret On occasion it has become nec- that because of the rules of the House, reference may not be made to anyone essary for the Chair to admonish in the gallery. guests in the galleries that they must maintain order and refrain § 5.5 It is a violation of Rule from manifestations of approval or XIV clause 8 for a Member to disapproval of the proceedings on insert in the Congressional the floor.(17) Record a reference to visitors The following statement made present in the galleries. by the Chairman of the Com- Parliamentarian’s Note: On mittee of the Whole, Chet June 13, 1968,(16) a Member was Holifield, of California, on July 31, given permission to address the 1969,(18) is typical: House for one minute and revise The Chair will state that visitors in and extend his remarks. In revis- the gallery are guests of the House of ing his statement for the Congres- Representatives. Under the rules and sional Record, he inserted a ref- practices of the House of Representa- erence to visitors who had been tives, visitors in the gallery are not present in the galleries, and sent permitted to make undue noise or to the statement directly to the Gov- applaud or to in any way show their ernment Printing Office instead of pleasure or displeasure as to the ac- returning it to the Official Report- tions of the Members of the House. ers of Debate. The Government Printing Office was advised to § 5.7 It is not necessary to contact the Official Reporters of clear the gallery when one Debate or the Parliamentarian in visitor is violating the rules the event similar violations of the by taking pictures; the rules are attempted. Speaker may order the of-

Conduct of Gallery Occupants; 17. See, e.g., 111; CONG. REC. 27449, Sanctions 91st Cong. 2d Sess., Aug. 5, 1970; 116 CONG. REC. 14449, 91st Cong. 2d § 5.6 Under the rules and prac- Sess., May 6, 1970; 112 CONG. REC. tices of the House visitors in 16837, 89th Cong. 2d Sess., July 25, 1966. 16. 114 CONG. REC. 17062, 90th Cong. 18. 115 CONG. REC. 21634, 91st Cong. 2d Sess. 1st Sess.

290 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6

fending party to leave the ized to prescribe rules and regula- gallery. tions governing the use and occu- On Feb. 22, 1950,(19) a visitor pancy of rooms in the House office (3) with a camera was detected in the buildings. gallery: The procedure for the assignment of rooms in the House office ( ) THE SPEAKER: 20 The Chair under- buildings is provided by statute (4) stands there is a camera in the gallery. and by rules adopted by the Whoever has that camera will remove the camera or remove themselves and House Office Building Commis- ( ) the camera immediately. That is a vio- sion. 5 Section 178 of title 40 pro- lation of the rules of the House. vides that the assignment of va- MR. [JOHN E.] RANKIN [of Mis- cant offices will be based on writ- sissippi]: Mr. Speaker, a parliamentary ten requests filed by Members or inquiry. In that case, it is not the rule Members-elect. If only one such to clear the gallery? request has been made for a par- THE SPEAKER: Not necessarily. ticular vacant office, it will be as- MR. RANKIN: To clear them of those signed as requested. If two or who are violating the law. more Members request the same THE SPEAKER: The Chair has just made that suggestion. vacant office, preference will be his successor as Speaker is elected or his term as a Representative in Con- § 6. Office Buildings gress expires. 3. 40 USC § 175 (1970). Section 183 of The House office buildings are title 40 provides that the assignment under the control and supervision and reassignment of rooms and other of the Architect of the Capitol, space in the House office buildings subject to the approval and direc- shall be subject to the control of the tion of the House Office Building House by rule, resolution, order, or otherwise, and that nothing in sec- (1) Commission. The commission tions 177–184 of title 40 (discussed consists of the Speaker and two below) shall be construed to affect or Members appointed by the Speak- repeal the provisions of section 175 er.(2) The commission is author- of the same title, which places the House office buildings under the con- 19. 96 CONG. REC. 2152, 81st Cong. 2d trol of the Architect of the Capitol, Sess. subject to the approval and direction 20. Sam Rayburn (Tex.). of the House Office Building Com- 1. 40 USC § 175 (1970). mission. 2. 40 USC § 175 (1970). Under 40 USC 4. 40 USC §§ 177–184 (1970). § 176 (1970), the Speaker continues 5. House Rules and Manual § 985 as a member of the commission until (1971).

291 Ch. 4 § 6 DESCHLER’S PRECEDENTS given to the one ‘‘who has been The House Office Building Com- longest in continuous service as a mission has adopted rules of pro- Member and Member-elect of the cedure for the assignment of va- House.’’ (6) If two or more Rep- cant offices that are designed to resentatives with equal periods of clarify the statutory procedures continuous service, or two or more defined in section 178 of title Representatives-elect request the 40.(11) Under these provisions, if same vacant office, preference will an office becomes vacant during a be given to the one who first files session of Congress, applications a request. for the vacancy will be received A Representative or Representa- for a period of 10 days. The sys- tive-elect may not have pending at tem of priority established in sec- the same time more than one re- tion 178 is generally applicable, in quest under section 178 for a va- addition to a provision that would cant room, but he may withdraw a establish priority by lot in the request at anytime.(7) A Member event that applications are re- will be deemed to have relin- ceived at the same time from quished the room previously as- Members with equal periods of signed to him when he is assigned service. Applications from re-elect- a new room upon his request, or is ed Members and former Members appointed chairman of a com- who wish to change offices at the mittee having a committee beginning of a new Congress are room.(8) Representatives may ex- received between the Monday fol- change rooms with each other, but lowing election day on the even the exchange will be valid only so years and Dec. 1. The seniority long as both remain Members or provisions of section 178 again es- Members-elect of the House.(9) tablish priority. On Dec. 5, Mem- Records of room assignments, ex- bers-elect without prior service, or changes and requests, which are their representatives, draw num- kept by the Architect of the Cap- bers to determine the order of se- itol, are open for the inspection of 11. The rules are reprinted in House (10) Members. Rules and Manual § 985 (1973). In 1968 the commission promulgated a 6. For an interpretation of the term similar set of rules based on senior- ‘‘continuous service,’’ see § 6.1. infra. ity to govern the assignment of re- 7. 40 USC § 179 (1970). modeled rooms in the Cannon House 8. 40 USC § 179 (1970). Office Building. See 114 CONG. REC. 9. 40 USC § 180 (1970). 22155, 90th Cong. 2d Sess., July 18, 10. 40 USC § 181 (1970). 1968.

292 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6 lection-of the remaining offices. At one time,(13) the seniority of Those who do not participate in a Member for the purpose of room the drawing must file written ap- assignment dated from the begin- plications for the offices that re- ning of his last uninterrupted main unassigned after the conclu- service regardless of previous sion of the drawing. Members of terms of membership in the Congress who will not be Mem- House. This interpretation of ‘‘con- bers of the succeeding Congress tinuous service’’, which was ren- must vacate their offices by 12 dered on Feb. 8, 1930, by Speaker o’clock noon on January 1 before Nicholas Longworth, of Ohio, as Chairman of the House Office the new Congress convenes. Building Commission, was It is provided by statute that changed by the commission on unoccupied space in the House of- Feb. 27, 1967. Under this current fice buildings shall be assigned by ruling, a Member who has had the Architect of the Capitol under more than one period of uninter- the direction of the commission rupted service is entitled to have and subject to the control of the his longest period of uninter- House of Representatives. 40 USC rupted service used in deter- § 184 (1970). mining room assignment priority, The commission also adopts even if it is not his last such pe- rules regulating conduct of per- riod.(14) sons within the House office buildings, House garages, and the Cap- itol power plant. For example, on Assignment of Office Suites to Aug. 26, 1965, the commission Members promulgated rules which, among other things, regulated soliciting § 6.1 If two or more Members and the taking of photographs request the same office suite, within the House office buildings preference will be given to and related facilities.(12) the Member with a longest period of uninterrupted serv- 12. 111 CONG. REC. 23926, 23927, 89th ice, even if it is not his latest Cong. 1st Sess., Sept. 15, 1965. The period of service. regulations make subject to arrest ( ) and prosecution those persons who On Mar. 2, 1967, 15 Speaker fail to comply with the above provi- John W. McCormack, of Massa- sions, or with those sections which prohibit damaging public property, 13. 8 Cannon’s Precedents § 3651. possessing weapons and explosives, 14. See § 6.1, infra. creating disturbances, or obstructing 15. 113 CONG. REC. 5218, 90th Cong. 1st any area covered by the regulations. Sess.

293 Ch. 4 § 6 DESCHLER’S PRECEDENTS chusetts, as Chairman of the uninterrupted service as a Member House Office Building Commis- and Member-elect of the House of Rep- sion, announced the rule of the resentatives (not necessarily the last period of uninterrupted service as held commission concerning the com- in Cannon’s Precedents, Vol. 8, Page putation of seniority, as it relates 981, Sec. 3651).’’ to the selection and assignment of This ruling is effective February 27, office space: 1967 and is being submitted as a matter of record for the information of all MR. MCCORMACK: Mr. Speaker, for Members of the House of Representa- the information of the Members, I in- tives. clude an action recently taken by the House Office Building Commission: Visitors in House Office Build- ASSIGNMENT OF ROOMS, HOUSE ings OFFICE BUILDINGS In connection with assignment of § 6.2 The House Office Build- rooms to Members of the House of Rep- ing Commission has jurisdic- resentatives in the House Office Build- tion over matters relating to ings, 40 U.S.C. 178 provides, in part, the harassment of visitors in as follows: the House office buildings. If two or more requests are made for ( ) the same vacant room, preference shall On May 3, 1935, 16 a par- be given to the Representative making liamentary inquiry was raised the request who has been longest in concerning the jurisdiction of and continuous service as a Member and the rules adopted by the commis- Member-elect of the House of Rep- sion: resentatives. The question was raised before the MR. [THOMAS L.] BLANTON [of House Office Building Commission as Texas]: Mr. Speaker, may I propound a to whether the wording ‘‘longest con- parliamentary inquiry? tinuous service’’ should refer to any pe- THE SPEAKER: (17) The gentleman will riod of continuous service whether or state it. not such continuous service occurred MR. BLANTON: The Speaker of the before or after a break in service in the House of Representatives is the Chair- House. man of the House Office Building Com- At a meeting of February 27, 1967, mission in charge of the House Office the House Office Building Commission Building and which controls these of- unanimously ruled on this point, as fol- fice buildings. lows: I would like to ask the Speaker if ‘‘The term ‘longest continuous serv- there are any means that a Member ice’ as used in 40 U.S.C. 178, governing seniority in assignment of 16. 79 CONG. REC. 6894, 74th Cong. 1st rooms in the House Office Buildings, is Sess. held to refer to the longest period of 17. Joseph W. Byrns (Tenn.).

294 HOUSE FACILITIES AND CAPITOL GROUNDS Ch. 4 § 6

has, under the regulations prescribed (1) Property damage: Willful destruc- by the Commission governing these tion, damage, desecration or removal of buildings, to prevent a Washington any Government property or part newspaper from installing a snooper at thereof is prohibited. his office to interrogate and harass (2) Photographs: Photographing, every person that goes in or comes out televising, recording, or broadcasting of of a Member’s office in that Govern- committee proceedings is not per- ment building? mitted, except as provided for by the THE SPEAKER: The Commission is Rules of the House. Visitors are per- composed of 3 Members and the mitted to take photographs of the pub- Speaker is only 1 of the 3. I would be lic areas in the House office buildings pleased if the gentleman would take with handheld cameras if the photo- the matter up with the Commission as graphs are not intended for commercial a whole. We will be very pleased to purposes. The use of flash equipment give the gentleman a hearing and dis- or other special photolighting devices, cuss the matter with him. tripods, or other bulky accessory equipment is not permitted unless special Rules and Regulations as to permission is obtained from the House Use Office Building Commission. Applica- tions for such special permission § 6.3 Rules and regulations should be made to the Speaker. governing the House office (3) Soliciting, commercial ventures, and other nongovernmental activities: buildings have been adopted The soliciting of alms and contribu- by the House Office Building tions, commercial soliciting, and vend- Commission. ing of all kinds, the display or distribu- On Mar. 5, 1973, the House Of- tion of commercial advertising, the col- lecting of private debts, or the distribu- fice Building Commission adopted tion of material such as pamphlets, the following rules: handbills, and flyers, in any of the Pursuant to the authority conferred areas covered by these regulations is on the House Office Building Commis- prohibited. This section does not apply sion by the act of March 4, 1907 (34 to national or local drives for funds for Stat. 1365, as amended (40 U.S.C. welfare, health, and other purposes 175)) the following rules and regula- sponsored or approved by the House tions are promulgated governing the Office Building Commission, or to per- use and occupancy of rooms and sonal notices posted by employees on spaces, including all terraces, en- authorized bulletin boards. trances, lobbies, foyers, corridors, cafe- (4) Weapons and explosives: No per- terias, restaurants and areas appur- son, except members of the Capitol Po- tenant thereto, in the Cannon, Long- lice and individuals authorized by law, worth, and Rayburn House Office shall enter any of the areas covered by Buildings, in the House Annex, the these regulations who has in his pos- House of Representatives garages, and session, either openly or concealed, any the Capitol Power Plant: dangerous or deadly weapon, explosive,

295 Ch. 4 § 6 DESCHLER’S PRECEDENTS

incendiary, or electronic device, and tory or directory nature, and, during the use or discharge thereof is prohib- emergencies, with directions of the ited. Capitol Police or other authorized au- (5) Disturbances: The making or any thority. harangue, oration, or the utterance of (8) Enforcement of regulations: It any loud, threatening, or abusive language or sound, or the use of any de- shall be the duty of all persons em- vice which emits any loud, threatening, ployed in the service of the or abusive language or sound, is pro- Governmcnt in the House Office Build- hibited. ings to prevent, as far as may be in (6) Obstruction: It is forbidden to pa- their power, violations of these regula- rade, stand, or move in processions or tions, and to aid the Capitol Police and assemblages, or to obstruct the foyers, other authorized authority, by informa- corridors, rooms or other areas covered tion or otherwise, in securing the ap- by these regulations, or to display prehension of persons violating these therein any flag, banner, or device de- regulations. signed or adapted to bring into public notice any person, party, organization, Any person who fails or refuses to or movement. comply with these regulations, or who (7) Compliance with regulations: fails or refuses to comply with direc- Persons entering, in, or on the areas tives of the Capitol Police or other au- covered by these regulations shall com- thorized personnel, shall be subject to ply with all official signs of a prohibi- arrest and prosecution.

296 CHAPTER 5

The House Rules, Journal, and Record

A. House Rules and Manual § 1. In General; Printing § 2. Jefferson’s Manual § 3. Background Information—Power of New House to Adopt Rules § 4. —Judicial Authority With Respect to Rules § 5. —Amendment § 6. —Applicability; Construction § 7. —Abrogation or Waiver

B. The House Journal § 8. In General; Purpose and Use § 9. The Journal as Evidence § 10. Entry of Particular Proceedings § 11. Reading the Journal § 12. —Propriety of Business Before and During Read- ing § 13. Effecting Corrections § 14. Approval

C. The Congressional Record § 15. In General; Purpose and Format § 16. Matters Printed in the Record; Civil Liability § 17. Deletion of Unparliamentary Remarks § 18. Correction of Errors § 19. Revision of Remarks § 20. Extension of Remarks

Commentary and editing by Evan Hoorneman, J.D., and Roy Miller, LL.B.

297 Ch. 5 DESCHLER’S PRECEDENTS

INDEX TO PRECEDENTS

Amending rules by resolution adopt- Correction of printing errors in ed after discharge of Rules Com- Record—Cont. mittee, § 5.11 by submission to reporters of minor Amending rules, rereferral of resolu- corrections, § 18.3 tion, by unanimous consent, § 5.9 by unanimous consent, §§ 18.4, 18.5 Amendment of rules by resolution, in listing of cosponsors of bills or reso- § 5.1 lutions, § 18.17 Amendment of rules by unanimous in recording of votes, §§ 18.13–18.15 consent, § 5.2 prior to permanent edition, § 18.12 Amendment to rules, effect of, § 5.12 Corrections of Congressional Amendments to resolution amending Record, recorded in Journal, rules, § 5.7 § 10.10 Approval of Journal Deletion of remarks by unanimous consent, § 14.10 by Government Printing Office, § 17.23 delay in, § 14.2 by motion, §§ 17.13–17.18 motion for, § 14.3 by resolution, §§ 17.19, 17.20 reception of messages before, § 14.13 by the Chair, §§ 17.21, 17.22 requests entertained before, § 12.10 by unanimous consent, §§ 17.11, 17.12 Bills, entry of, in Journal, § 10.8 Discharge of Rules Committee and Bills or resolutions, correction of er- adoption of resolution amending rors in Record in listing of cospon- rules, §§ 5.10, 5.11 sors of, § 18.17 Electoral vote, recording of, in Jour- Bills printed in Record, §§ 16.1–16.4 nal, § 10.5 Business, transaction of, before reading of Journal, § 12.1 Extension of remarks Change of votes printed in Record, by any Member, in final issue of § 16.14 Record, § 20.36 Committee reports printed in by committee chairman and ranking Record, §§ 16.6, 16.7 minority members, § 20.37 Conference reports printed in by motion, § 20.11 Record, §§ 16.8–16.12 consent of House required, §§ 20.1, 20.2 Congressional Record and Journal, consent of Member yielding floor re- effect of variance between, § 8.1 quired, § 20.3 Correction of Journal during adjournment to day certain, method of effecting, § 13.4 § 20.32 time for making, § 13.1 in Committee of the Whole, §§ 20.12– Correction of printing errors in 20.18 Record on occasion of death of Member, by Government Printing Office, nota- §§ 20.33–20.35 tion of omissions, § 18.11 recognition for requests, §§ 20.4–20.10 by motion, §§ 18.6–18.8 Extraneous matter in Record, limita- by resolution, §§ 18.9, 18.10 tions on insertion of, §§ 20.23–20.31

298 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5

Format changes in Record, § 15.1 Reports from Committee on Rules House Rules and Manual, resolution as privileged, § 5.1 relating to, § 1.1 two reports on same resolution, § 5.4 Messages Reprints of matters printed in reception of, before approval of Jour- Record, § 15.4 nal, § 14.13 Rereferral of resolution amending reception of, prior to reading of Jour- rule, by unanimous consent, § 5.9 nal, § 12.12 Resolution amending rules, adoption Motions for approval of Journal, of after discharge of Rules Com- § 14.3 mittee, §§ 5.10, 5.11 Motions to extend remarks, § 20.11 Resolution amending rules, amend- Pairs, correction of printing errors ments to, § 5.7 in recording of, § 18.16 Resolution, amendment of rules by, Petitions, entry of, in Journal, § 10.7 § 5.1 Petitions printed in Record, § 16.5 Resolutions or bills, correction of er- Presidential messages printed in rors in listing of cosponsors of, Record, § 16.13 § 18.17 Printing errors, question of personal Revision of remarks affecting col- privilege of House raised by, loquies, §§ 19.3, 19.4 §§ 18.1, 18.2 Revision of remarks affecting official Proceedings, entry of, in Journal, House proceedings, § 19.2 § 10.1 Revision of remarks interjected by Reading of Journal another Member, §§ 19.5–19.9 dispensing with further, § 11.11 Rules in full, § 11.3 amendment of, by resolution, § 5.1 matters not in order until completion amendment of, consideration of, by of, § 12.1 unanimous consent, § 5.2 matters which may interrupt, § 12.13 amendments to resolution amending, practices and customs, § 11.1 § 5.7 reception of messages prior to, § 12.12 effect of conflict between, § 6.1 resumption of, after interruption, factors considered in construing, § 6.3 §§ 12.21, 12.22 proceedings not authorized by, § 6.4 transaction of business before, § 12.1 rereferral by unanimous consent of res- Recognition for request to extend re- olution amending the, § 5.9 marks, §§ 20.4–20.10 Rules and legislation, effect of con- Remarks affecting colloquies, revi- flict between, § 6.2 sion of, §§ 19.3, 19.4 Rules changes, showing proposed, Remarks affecting official House § 5.5 proceedings, revision of, § 19.2 Special orders, entry of, in Journal, Remarks interjected by another § 10.3 Member, revision of, §§ 19.5–19.9 Type size of Record, § 15.2 Remarks made out of order, §§ 17.6– Unanimous consent, consideration of 17.10 amendment of House rules by, § 5.2 Reporters of debate, insertion of ‘‘ap- Unanimous consent, approval of plause’’ by, § 15.3 Journal by, § 14.10

299 Ch. 5 DESCHLER’S PRECEDENTS

Unanimous-consent request Votes authorized prior to reading or approval change of, printed in Record, § 16.14 of Journal, § 12.10 correction of printing errors in record- entry of in Journal, § 10.2 ing of, §§ 18.13–18.15 Unparliamentary remarks Withholding of remarks for revision, insertion of, prohibited, §§ 20.19–20.22 §§ 19.10–19.12 question of personal privilege or privi- Yeas and nays, recording of, in the lege of House raised by, §§ 17.1–17.5 Journal, § 10.4

300 The House Rules, Journal, and Record

A. HOUSE RULES AND MANUAL § 1. In General; Printing appropriate points throughout the House Rules and Manual are the The following sections discuss commentary of the Parliamen- the House Rules and Manual, tarian and pertinent references to with emphasis on certain general the precedents of the House and principles relating to the adoption to court cases and other materials. and application of the rules.(1) A statute (4) provides that each The House Rules and Manual is House may order printed as many a House document.(2) Included in copies as it desires, of the Senate it are the Constitution; Jefferson’s Manual and of the House Rules Manual; (3) the rules of the House; and Manual. certain provisions of the Legisla- tive Reorganization Acts of 1946 and 1970; pertinent forms, such Resolution Relating to House as forms of putting questions, of Rules and Manual petitions, resolutions, bills, reports from committees, and the § 1.1 At the end of a Congress, like; a description of the introduc- a resolution is customarily tion of a bill and its progress to adopted providing for the final passage; a description of printing and distribution of a joint committees; materials relat- revised edition of the House ing to the franking privilege and Rules and Manual for the the assignment of rooms in the succeeding Congress. House office buildings; and a comprehensive index. Also included at A typical resolution relating to the printing and distribution of 1. See also the general discussion of the the House Rules and Manual was rules in 8 Cannon’s Precedents that adopted in the 91st Con- §§ 3376–3396. gress: (5) 2. Thus, the House Rules and Manual used by the 92d Congress was H. 4. 44 USC § 720. Doc. No. 439, 91st Cong. 2d Sess. 5. 116 CONG. REC. 44599, 91st Cong. 2d (1971). Sess., Jan. 2, 1971. Substantially the 3. See § 2, infra. same form of resolution has been

301 Ch. 5 § 1 DESCHLER’S PRECEDENTS

H. RES. 1339 ganization Act of 1946, as amended, shall govern the House in all cases to Resolved, That a revised edition of which they are applicable, and in the Rules and Manual of the House of which they are not inconsistent with Representatives for the Ninety-second the standing rules and orders of the Congress be printed as a House docu- House and joint rules of the Senate ment, and that 1,600 additional copies and House of Representatives. shall be printed and bound for the use of the House of Representatives, of The extent to which particular which 700 copies shall be bound in provisions of Jefferson’s Manual leather with thumb index and deliv- are applicable to present-day pro- ered as may be directed by the Parlia- mentarian of the House for distribu- cedures in the House is indicated tion to officers and Members of Con- in the notes thereto, including the gress. citations of precedents, accompanying the text as printed in the House Rules and Manual. § 2. Jefferson’s Manual In addition to being traditionally incorporated in some degree Jefferson’s Manual was pre- in the House rules, Jefferson’s pared by Thomas Jefferson for his Manual serves as part of the basis own guidance as President of the of the general parliamentary law Senate in the years of his Vice that governs the House prior to Presidency, from 1797 to 1801. In adoption of the rules.(7) 1837, the House, by rule which still exists, provided that the provisions of the Manual should gov- § 3. Background Informa- ern the proceedings of the House tion—Power of New to the extent specified in the rule. House to Adopt Rules The present rule (6) states: The rules of parliamentary practice With respect to the importance comprised in Jefferson’s Manual and of adopting rules of procedure in the provisions of the Legislative Reor- legislative bodies, Jefferson stated (8) adopted in other Congresses. See, as in his Manual: examples, 114 CONG. REC. 31313, And whether these forms be in all 90th Cong. 2d Sess., Oct. 14, 1968; cases the most rational or not is really 104 CONG. REC. 19699, 85th Cong. not of so great importance. It is much 2d Sess., Aug. 23, 1958; and 94 more material that there should be a CONG. REC. 5746, 80th Cong. 2d Sess., May 12, 1948. 7. See § 3, infra. 6. Rule XLII, House Rules and Manual 8. House Rules and Manual § 285 § 938 (1973). (1973).

302 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 3

rule to go by than what that rule is; exercise of the rule-making power that there may be a uniformity of proof Congress and deemed a part of ceeding in business not subject to the the rules of each House. Thus, caprice of the Speaker or captiousness of the members. . . . Congress has provided by statute for procedures to be followed with ( ) The Constitution 9 provides respect to the consideration of cer- that, ‘‘Each House may determine tain resolutions relating to execu- the Rules of its Proceedings. . . .’’ tive reorganization plans.(13) Such Thus, the power of each House of statutes were enacted with ex- Representatives to make its own press recognition of the power of rules may not be impaired or con- each House to change its rules, trolled by the rules of the pre- and with specific limitations on ceding House or by a law passed the applicability of the statute.(14) by a prior Congress.(10) As an ex- Joint rules are rarely employed. ample, the provisions of a legisla- It may be noted that, in the 91st tive reorganization act enacted Congress, a law specifying that into law in a previous Congress the counting of electoral votes for cannot restrict the authority of a President and Vice President present House to adopt its own should be conducted in a joint ses- rules.(11) But a law passed by an sion was made a joint rule of the existing Congress with the concur- two Houses by its incorporation by rence of the House has been rec- reference in a concurrent resolu- ognized by that House as of bind- tion.(15) ing force in matters of proce- The House at any time may, by dure.(12) rules, provide new methods of pro- In some cases, Congress has en- cedure so long as such rules do acted statutes containing provi- not conflict with constitutional ( ) sions relating to procedures to be provisions. 16 With regard to the followed in certain instances. Such scope of the power of the House to statutes have been enacted as an determine the rules of its proceedings, Jefferson stated in his 9. U.S. Const. art. I, § 5. Manual: (17) 10. See Ch. 1, supra. 11. See 117 CONG. REC. 132, 92d Cong. 13. 5 USC §§ 908–913. 1st Sess., Jan. 22, 1971 (remarks of 14. See 5 USC § 908. Speaker Carl Albert [Okla.]). 15. See 115 CONG. REC. 36, 91st Cong. 12. See, generally, Ch. 1, supra. See also 1st Sess., Jan. 3. 1969. 59 Am. Jur. 2d, Parliamentary Law 16. See § 4, infra. § 2 (adoption and suspension of rules 17. House Rules and Manual § 387 of procedure). (1973).

303 Ch. 5 § 3 DESCHLER’S PRECEDENTS

Where the Constitution authorizes cedure is not expressly prohibited each House to determine the rules of by the rules, it may be considered its proceedings, it must mean in those unauthorized thereby and there- cases (legislative, executive, or judici- (20) ary) submitted to them by the Con- fore deemed improper. stitution, or in something relating to Before the adoption of rules by these, and necessary toward their exe- a new House, that House is gov- cution. But orders and resolutions are erned by general parliamentary sometimes entered in the journals hav- law. The Speakers have been ining no relation to these, such as ac- clined to give weight to the prece- ceptances of invitations to attend ora- tions, to take part in procession, etc. dents of the House in modifying These must be understood to be merely the usual constructions of general conventional among those who are parliamentary law.(1) willing to participate in the ceremony, On occasion, the House has and are therefore, perhaps, improperly passed a bill of major importance placed among the records of the House. prior to the adoption of the Propositions to adopt or change rules.(2) a rule are within the jurisdiction of the Committee on Rules.(18) 20. See, for example, the discussion in 7 Cannon’s Precedents § 1029. See also The action of the House taken 98 CONG. REC. 1334, 82d Cong. 2d with respect to a rule that has Sess., Feb. 25, 1952, in which Speak- been reported by the Committee er Sam Rayburn (Tex.) stated, with on Rules is controlling. A rule reference to the televising of com- having been adopted, the Chair mittee meetings, that since there will thereafter look to the rule was at that time no authority in the and direct the House to proceed in rules of the House granting the privilege of televising the pro- accordance with its terms, unless ceedings of the House of Representa- ( ) the rule has been superseded. 19 tives, there was no authorization for Proceedings in the House are televising committee meetings. not, of course, governed by the (Speaker Rayburn’s rulings on the rules exclusively. Thus, the proce- subject were later relied upon by dure of the House is governed in Speaker John W. McCormack [Mass.], in 108 CONG. REC. 267–269, some instances by the custom or 87th Cong. 2d Sess., Jan. 16, 1962.) practice of the House rather than See § 6.4, infra. by express rules. On the other 1. See Ch. 1, supra. hand, even where a matter or pro- 2. There was an instance in the 73d Congress (77 CONG. REC. 75 et seq., 18. See Ch. 17, infra; see also Ch. 21, 73d Cong. 1st Sess., Mar. 9, 1933) in infra. which the House by unanimous con- 19. See § 6, infra. sent agreed to consider, under a

304 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 4

§ 4. —Judicial Authority tional restraints or violate funda- With Respect to Rules mental rights, and there should be a reasonable relation between The role that the courts play in the mode or method of proceeding established by the rule and the re- adjudicating questions involving sult which is sought to be at- the rules of either House must of tained. But within these limita- necessity be a limited one, for the tions, all matters of method are manner in which a House or com- open to the determination of the mittee of Congress chooses to run House, and it is no impeachment its business ordinarily raises no of the rule to say that some other justifiable controversy.(3) On the way would be better, more accu- other hand, when the application rate or even more just.(6) In ac- or construction of a rule directly cordance with these principles, affects persons other than Mem- the question, as was stated in one (7) bers of the House, the question case, is not what rules Congress may establish, but rather what presented is of necessity a judicial rules the House has established (4) one. Thus, to a limited extent, and whether they have been fol- the rules of Congress and its com- lowed. mittees are judicially cognizable. Although rules adopted by the Even where a judicial controversy House or its committees have the is presented, however, the function of the courts is generally a 6. Yellin v United States, 374 U.S. 109 narrow one. (1963); United States v Ballin, 144 The Constitution empowers U.S. 1 (1892). each House to determine its rules 7. Christoffel v United States, 338 U.S. 84 (1949). In the Christoffel case, the (5) of proceedings. The House may petitioner had been convicted of per- not by its rules ignore constitu- jury before a House committee under a statute punishing perjury before a stringent procedure with respect to ‘‘competent’’ tribunal. The petitioner debate and amendments, a bank bill contended that the committee was whose immediate passage had been not a ‘‘competent’’ tribunal in that a recommended by President Roo- quorum was not present at the time sevelt. of the incident alleged. The court re- 3. Yellin v United States, 374 U.S. 109 versed the conviction, citing an erro- (1963); United States v Ballin, 144 neous instruction that would have U.S. 1 (1892). allowed the jury to determine com- 4. Yellin v United States, 374 U.S. 109 petency on the basis of the situation (1963); Christoffel v United States, existing at the time the committee 338 U.S. 84 (1949). convened rather than at the time of 5. See § 3, supra. the actual incident.

305 Ch. 5 § 4 DESCHLER’S PRECEDENTS force of law and are binding on rules at any time. It has been those for whose use the rules were said (11) that the question of established,(8) there is a point be- changing the rules of the House is yond which courts will not ven- a matter for decision by the House ture in their disposition of cases and not the Chair. concerning the rules. Thus, in a Generally, amendments are controversy involving a House made by resolution, although, of rule that required testimony to be course, rules may be, in effect, re- received by a committee in execu- scinded or modified through the tive session only if the committee use of a number of procedural de- determined that the testimony of vices, such as unanimous-consent the witness would tend to defame, requests.(12) Similarly, statutes degrade, or incriminate any per- containing provisions as to proce- son, the court stated that it would dure may have the effect of chang- be an unwarranted interference with the powers conferred by the ing a rule of the House where the Constitution upon the legislative statute is the later reflection of (13) branch for any court to presume the will of the House. In adopt- to dictate that determination.(9) It ing the rules of the previous is worth noting that the court in House, of course, the House fre- this case also cited a presumption quently amends such rules, either in favor of the regularity of all of- by incorporating the amendments ficial conduct and stated that the in the resolution adopting the presumption required that it be rules, or adopting amendments assumed that a committee would after a negative vote on ordering not disregard its rules. the previous question on the resolution as first offered.(14) The Committee on Rules has ju- § 5. —Amendment risdiction over the rules and joint rules, other than rules or joint In the exercise of its rule-mak- rules relating to the Code of Offi- ing power under the Constitu- tion,(10) the House may amend its 11. See the proceedings at 104 CONG. REC. 12121, 85th Cong. 2d Sess., 8. Yellin v United States, 374 U.S. 109 June 24, 1958 (especially remarks of (1963); Christoffel v United States, Speaker Rayburn). 338 U.S. 84 (1949); Randolph v Wil- 12. See § 5.2 (amendment by unanimous lis, 220 F Supp 355 (1963). consent) and § 7 (abrogation or waiv- 9. Randolph v Willis, 220 F Supp 355 er), infra. (1963). 13. § 6.2, infra. 10. See § 3, supra. 14. Generally, see § 3, supra.

306 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 5 cial Conduct or relating to finan- A rule (19) provides that the cial disclosure by a Member, offi- Committee on Rules shall have cer, or employee of the House.(15) leave to report at any time on Thus, the Committee on Rules has rules, joint rules, and the order of jurisdiction over resolutions pro- business. In accordance with that posing amendments to the rules of principle, it has been held that re- the House, and may report a reso- ports of the Committee on Rules lution referred to it to change the on resolutions proposing amend- rules of the House except in a re- ments to the rules of the House spect that would constitute viola- are privileged.(20) tion of constitutional provi- The rules of the House have fre- sions.(16) The Committee on Rules may itself recommend an amend- quently been amended for pur- ment to the rules of the House, for poses of transferring jurisdiction the House to pass upon.(17) over particular matters from one The Committee on Standards of committee of the House to an- (1) Official Conduct has jurisdiction other, or for purposes of chang- ( ) over measures amending the rules ing the name of a committee. 2 In of the House relating to financial such cases, the changes in the disclosure by Members, officers rules may be implemented by res- and employees of the House.(18) olutions electing the members of the committee under its former 15. Rule XI, House Rules and Manual name to the newly named com- § 715 (1973). mittee, and transferring records, 16. For further discussion of the scope of the rule-making power, see § 4, bills, and the like to that com- supra. mittee. 17. See 92 CONG. REC. 5864, 79th Cong. 2d Sess., May 27, 1946 (remarks of 19. Rule XI, House Rules and Manual Speaker Rayburn speaking in re- § 726 (1973). sponse to a parliamentary inquiry 20. See § 5.3, infra. relating to the scope of authority of 1. See 113 CONG. REC. 29560, 29564– the Committee on Rules). 67, 90th Cong. 1st Sess., Oct. 20, 18. For an instance in which the Chair- 1967. man of the Committee on Standards 2. See 115 CONG. REC. 3723, 3745–47, of Official Conduct inserted in the 91st Cong. 1st Sess., Feb. 18, 1969; Record the text of a resolution, re- 97 CONG. REC. 883, 82d Cong. 1st ferred to that committee, amending Sess., Feb. 2, 1951. the financial disclosure rule, see 116 For discussion of standing commit- CONG. REC. 1077, 91st Cong. 2d tees and their jurisdiction generally, Sess., Jan. 26, 1970. see Ch. 17, infra.

307 Ch. 5 § 5 DESCHLER’S PRECEDENTS

Amendment by Resolution Amendment by Unanimous Consent § 5.1 Amendments to the rules are generally offered in the § 5.2 Propositions to make form of a privileged resolu- minor changes in the rules tion reported and called up are frequently considered by by the Committee on Rules. unanimous consent. Amendments to the rules are As an example of this practice, typically brought about by resolu- unanimous consent was asked in tion as in the following instance the 86th Congress (5) for the im- in the 90th Congress: (3) mediate consideration of a resolution to amend the rules by renum- (4) MR. COLMER: Mr. Speaker, by di- bering certain paragraphs. rection of the Committee on Rules, I call up House Resolution 42 and ask for its immediate consideration. Reports of Committee on Rules The Clerk read the resolution, as fol- as Privileged lows: § 5.3 Reports of the Committee H. RES. 42 on Rules on resolutions pro- Resolved, That paragraph 4 of rule posing amendments to the XXII of the Rules of the House of rules of the House are privi- Representatives is amended by adding at the end thereof the following leged. sentence: ‘‘Two or more but not more than ten Members may introduce In the 74th Congress, in the jointly any bill, memorial, or resolu- course of a discussion of a resolution to which this paragraph ap- tion amending the Private Cal- plies.’’ endar rule, Speaker Joseph W. [Mr. Colmer was recognized for one Byrns, of Tennessee, in respond- hour.] ing to a point of order cited the ( ) MR. COLMER: . . . Mr. Speaker, this rule 6 that the Committee on resolution . . . provides for a change in Rules shall have leave to report at the rules of the House to provide that any time on rules, joint rules, and as many as 10 Members of the House may join in sponsoring a resolution or 5. 105 CONG. REC. 1209, 86th Cong. 1st a bill. . . . Sess., Jan. 27, 1959. The practice of amending the rules 3. 113 CONG REC. 10708, 90th Cong. by unanimous consent, and several 1st Sess., Apr. 25, 1967. examples thereof, are noted in 8 4. William M. Colmer (Miss.) was the Cannon’s Precedents §§ 3379–3381. Chairman of the Committee on 6. Now Rule XI, House Rules and Man- Rules. ual § 726 (1973).

308 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 5 the order of business, and then Mr. Sabath, either would not im- stated: (7) mediately do so or would not call The pending resolution proposes to it up within the seven days al- amend the rules of the House, it re- lowed him under the rule. Mr. lates to the order of business in the Cox stepped aside to permit Mr. House, and, under the rule the Chair Sabath to file the report under an has just read, is made a matter of alleged understanding that Mr. privilege. Sabath would call it up on a specified day. During discussion of the Multiple Reports on Same Res- matter, Mr. Cox attempted to file olution a report on the same resolution, whereupon Speaker Rayburn ex- § 5.4 Two reports may not be pressed his opinion as indicated. filed from the Committee on Rules on the same resolution. Showing Proposed Changes of In the 81st Congress, the Chair- Rules man of the Committee on Rules, § 5.5 The Ramseyer rule (9) did Adolph Sabath, of Illinois, re- not apply to reports of the ported a privileged resolution pro- Committee on Rules on reso- posing certain amendments to the rules, which was referred to the lutions amending the rules of House Calendar and ordered to be the House. printed. Responding to a subse- In the 74th Congress, in the quent attempt by another Member course of a discussion of a resolu- to file a report on the same resolution amending the Private Cal- tion, Speaker Sam Rayburn, of endar rule, Speaker Joseph W. Texas, stated,(8) ‘‘The Chair is of Byrns, of Tennessee, in response opinion that two reports cannot be to a parliamentary inquiry, stat- (10) filed on the same resolution at the ed: same time.’’ The Ramseyer rule . . . has to do Parliamentarian’s Note: In this with reports of committees on bills case, Mr. Edward E. Cox, of Geor- 9. Rule XIII, House Rules and Manual gia, had been authorized to file § 745 (1973), relating to the require- the report because it was evi- ment that a committee report on a dently feared that the Chairman, bill amending existing law show the proposed changes in existing law. 7. 79 CONG. REC. 4482, 74th Cong. 1st The Ramseyer rule is discussed in Sess., Mar. 26, 1935. Ch. 17, infra. 8. 96 CONG. REC. 501, 81st Cong. 2d 10. 79 CONG. REC. 4482, 74th Cong. 1st Sess., Jan. 17, 1950. Sess., Mar. 26 1935.

309 Ch. 5 § 5 DESCHLER’S PRECEDENTS

which amend the statutes. This resolu- move that the House resolve itself into tion proposes to amend the rules of the the Committee of the Whole House on House, and therefore does not come the State of the Union for the consider- within the provisions of clause 2a of ation of the resolution (H. Res. 1099) rule XIII, the so-called ‘‘Ramseyer amending H. Res. 418, Ninetieth Con- rule.’’ The Chair, therefore, does not gress, to continue the Committee on think that the Ramseyer rule applies Standards of Official Conduct as a per- to this report of the Committee on manent standing committee of the Rules. House of Representatives, and for other purposes. After general debate, Special Orders; Consideration which shall be confined to the resolu- in Committee of the Whole tion and continue not to exceed two hours, to be equally divided and con- § 5.6 A resolution or bill trolled by the chairman and ranking minority member of the Committee on amending the rules of the Standards of Official Conduct, the res- House may be considered in olution shall be read for amendment the Committee of the Whole, under the five-minute rule. At the con- pursuant to the terms of a clusion of the consideration of the reso- special order reported from lution for amendment, the Committee shall rise and report the resolution to the Committee on Rules. the House with such amendments as In the 90th Congress, a resolu- may have been adopted, and the pre- tion amending the rules of the vious question shall be considered as House, eligible for consideration ordered on the resolution and amendments thereto. in the House as privileged business and subject to the hour rule, The purpose of the Committee was, pursuant to a special order, on Rules in reporting the separate considered in the Committee of resolution relating to consider- the Whole and debated for two ation of H. Res. 1099 was to afford hours.(11) Consideration of the res- the opportunity for adequate de- olution amending the rules pro- bate and the offering of amend- ceeded in accordance with the fol- ments; had H. Res. 1099 come to lowing separate resolution: (12) the floor of the House without a special order, the effect would H. RES. 1119 have been the same as that of a Resolved, That upon the adoption of closed rule under which amend- this resolution it shall be in order to ments could not be offered.(13) In

11. 114 CONG. REC. 8776–812, 90th 13. See 114 CONG. REC. 8777, 90th Cong. 2d Sess., Apr. 3, 1968. Cong. 2d Sess., Apr. 3, 1968 (re- 12. 114 CONG. REC. 8776, 90th Cong. 2d marks of Mr. H. Allen Smith Sess., Apr. 3. 1968. [Calif.]).

310 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 5 the course of consideration of the of a bill amending the rules of the substantive resolution, a com- House under a procedure prohib- mittee amendment was agreed iting amendments that would to,(14) and other amendments were change the jurisdiction of any offered.(15) standing committee. The pro- A resolution amending the rules ceedings in part were as fol- ( ) of the House may be considered in lows: 18 the Committee of the Whole under MR. [B.F.] SISK [of California]: Mr. an open rule pursuant to provi- Speaker, by direction of the Committee sions of a resolution reported from on Rules, I call up House Resolution (16) 1093, and ask for its immediate consid- the Committee on Rules. eration. In some instances, a resolution The Clerk read the resolution as fol- has been reported from the Com- lows: mittee on Rules providing a rule H. RES. 1093 ‘‘closed’’ in part, for consideration Resolved, That upon the adoption of a bill, also reported from that of this resolution it shall be in order committee, amending the rules of to move that the House resolve itself the House. Thus, in the 91st Con- into the Committee of the Whole House on the State of the Union for gress, the House adopted a resolu- the consideration of the bill (H. R. tion (17) providing for consideration 17654) to improve the operation of the legislative branch of the Federal 14. 114 CONG. REC. 8803, 90th Cong. 2d Government, and for other purposes. After general debate, which shall be Sess., Apr. 3, 1968. confined to the bill and shall con- 15. See, for example, the amendment of- tinue not to exceed four hours, to be fered by Mr. Wayne L. Hays [Ohio] equally divided and controlled by the (114 CONG. REC. 8804, 90th Cong. 2d chairman and ranking minority Sess., Apr. 3, 1968), against which a member of the Committee on Rules, the bill shall be read for amendment point of order was sustained, the under the five-minute rule. No Chair ruling that, to a resolution amendment to the bill shall be in providing an official code of conduct order which would have the effect of for Members, officers, and employees changing the jurisdiction of any com- of the House, an amendment making mittee of the House listed in rule XI. At the conclusion of the consider- the code applicable to other persons ation of the bill for amendment, the not associated with the House was Committee shall rise and report the not germane. bill to the House with such amend- 16. See, for example, 116 CONG. REC. ments as may have been adopted, and the previous question shall be 17013, 91st Cong. 2d Sess., May 26, considered as ordered on the bill and 1970 (H. Res. 971). amendments thereto to final passage 17. H. Res. 1093, providing for consideration of H.R. 17654 (Legislative Re- 18. 116 CONG. REC. 23901, 91st Cong. 21 organization Act of 1970). Sess., July 13, 1970.

311 Ch. 5 § 5 DESCHLER’S PRECEDENTS

without intervening motion except joint sponsorship of bills, the one motion to recommit. Chairman of the Committee on After some discussion, the fol- Rules offered an amendment as lowing proceedings took place: (19) follows: (1)

MR. [H. ALLEN] SMITH [of Cali- MR. [WILLIAM M.] COLMER [of Mis- fornia]: . . . sissippi]: Mr. Speaker, I offer an amendment. This is a closed rule from the stand- The Clerk read as follows: point that no amendments to the bill will be permitted so far as changing Amendment offered by Mr. the jurisdiction of any committee of the Colmer: On page 1, line 4, after ‘‘than’’ strike out ‘‘ten’’ and insert House as listed in rule XI is con- ‘‘twenty-five’’. cerned.(20) Other than that, it is an open rule. . . . The amendment was agreed to. The resolution was agreed to. § 5.8 A resolution reported by Amendments to Resolution the Committee on Rules proposing to amend the rules § 5.7 On one occasion the may not be amended unless Chairman of the Committee the Member in charge yields on Rules, after calling up a for that purpose or the pre- privileged resolution re- vious question is voted down, ported by his committee nor is an amendment offered amending the rules of the by the Member in charge House, offered an amend- subject to amendment. ment not previously agreed The following proceedings took to by the committee. place in the 82d Congress: (2) In the 90th Congress, in the MR. [JOHN E.] LYLE [Jr., of Texas]: course of consideration of a resolu- Mr. Speaker, by direction of the Com- mittee on Rules, I call up H. Res. 386 tion amending the rules to permit and ask for its immediate consideration. 19. Id. at p. 23902. 20. As an example of the effect of the [The Clerk read the resolution, prohibition against amendments that which proposed an amendment to would change committee jurisdiction, the rules of the House.] an amendment restricting the power MR. [CHARLES A.] HALLECK [of Indi- of the Committee on Rules to report ana]: Mr. Speaker, I would like to in- a closed rule was ruled out of order as effecting a change in that commit- 1. 113 CONG. REC. 10711, 90th Cong. tee’s jurisdiction. See 116 CONG. 1st Sess., Apr. 25, 1967. REC. 26414, 91st Cong. 2d Sess., 2. 97 CONG. REC. 11394, 11397, 82d July 29, 1970. Cong. 1st Sess., Sept. 14, 1951.

312 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 5 quire, as a parliamentary inquiry, The Clerk read as follows: whether or not this resolution would Amendment offered by Mr. Lyle: be subject to amendment if an amend- Strike out lines 1, 13, and 14. ment were offered for and on behalf of the Rules Committee. MR. HOFFMAN: Mr. Speaker, a parliamentary inquiry. THE SPEAKER [Sam Rayburn, of THE SPEAKER: The gentleman will Texas]: The gentleman from Texas state it. [Mr. Lyle] has control of the time. The MR. HOFFMAN: Is an amendment to gentleman from Texas can offer an the amendment in order? amendment before he moves the pre- THE SPEAKER: Not unless the gen- vious question, which amendment the tleman from Texas yields for that pur- Chair hopes will be offered. pose. MR. HALLECK: In other words, if the The question is on the amendment question that has been raised is such offered by the gentleman from Texas. as merits the attention of the House The amendment was agreed to. before we finally act on this matter, then it could be reached by some sort Rereferral or Recommittal of of amendment offered by the gen- Resolution Amending Rule tleman from Texas [Mr. Lyle]? THE SPEAKER: Or he could yield to § 5.9 A resolution reported by someone to offer an amendment. . . . the Committee on Rules pro- MR. [CLARK E.] HOFFMAN [of Michi- gan]: A parliamentary inquiry, Mr. posing an amendment to the Speaker. rules of the House was by THE SPEAKER: The gentleman will unanimous consent recom- state it. mitted to the Committee on MR. HOFFMAN: But unless the gen- Rules, a motion to recommit tleman from Texas does offer such an not being in order. amendment the only way we could have an opportunity would be to vote In the course of the proceedings ( ) down the previous question. described above 3 relating to a THE SPEAKER: That would be correct. resolution proposing an amend- MR. LYLE: Mr. Speaker, when I in- ment to the rules, the following troduced the resolution I called to the exchange took place: (4) attention of the House the objection MR. [CLARE E.] HOFFMAN [of Michi- that had been raised to the proviso gan]: Mr. Speaker, a parliamentary in- that has been under discussion. I have quiry. drawn an amendment which I expect THE SPEAKER: The gentleman will to offer which would strike out lines state it. 12, 13, and 14. THE SPEAKER: Does the gentleman 3. § 5.8, supra. desire to offer the amendment now? 4. 97 CONG. REC. 11397, 82d Cong. 1st MR. LYLE: Mr. Speaker, I now offer Sess., Sept. 14, 1951 (Speaker Sam the amendment. Rayburn, Tex.).

313 Ch. 5 § 5 DESCHLER’S PRECEDENTS

MR. HOFFMAN: Is a motion to recom- eighteen Members of this House signed mit in order? a petition bringing it before the House THE SPEAKER: Not on a resolution at this time. . . . from the Committee on Rules. . . . A motion to discharge the Com- MR. [JOHN E.] LYLE [of Texas]: Mr. mittee on Rules was agreed to.(6) Speaker, I ask unanimous consent that the resolution may be re-referred to § 5.11 Where the Committee on the Committee on Rules. Rules is discharged from fur- THE SPEAKER: Is there objection to the request of the gentleman from ther consideration of a reso- Texas? lution amending the rules, There was no objection. the House immediately votes on adoption of the resolu- Discharge of Committee on tion, and amendments are Rules; Adoption of Resolution not in order. § 5.10 The Committee on Rules In the course of the proceedings was by motion discharged described above concerning a reso- ( ) from further consideration of lution to amend the rules, 7 the ( ) a resolution amending the following exchange took place: 8 rules of the House. MR. [HAROLD D.] COOLEY [of North Carolina]: I wish to be advised for my In the 78th Congress, a resolu- own information and for the information amending the rules was read tion of the House as to whether or not with respect to which Mr. John E. this resolution will be subject to Rankin, of Mississippi, re- amendment in the event of an affirma- marked: (5) tive vote on the motion to discharge. There seems to be some uncertainty Mr. Speaker, this resolution was in- about it. troduced a little more than a year ago, THE SPEAKER [Sam Rayburn, of on January 6, 1943. We were unable to Texas]: The Chair will read the rule, get it reported from the Rules Com- which is very clear: mittee. I am reliably informed the Committee on Rules never had a If the motion should prevail to discharge the Committee on Rules from chance to vote on it. It was never laid any resolution pending before the before them for a vote. Therefore it committee the House shall imme- was petitioned out. Two hundred and diately vote on the adoption of said resolution, the Speaker not enter- 5. See 90 CONG. REC. 629, 78th Cong. 2d Sess., Jan. 24, 1944 (Speaker 6. 90 CONG. REC. 633, 78th Cong. 2d Sam Rayburn, Tex.). Sess., Jan. 24, 1944. As to discharging matters from 7. See § 5.10, supra. committee consideration generally, 8. 90 CONG. REC. 631, 78th Cong. 2d see Ch. 18, infra. Sess., Jan. 24, 1944.

314 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 6

taining any dilatory or other inter- [W]ill the distinguished gentleman vening motions except one motion to yield at this time for a parliamen- adjourn. tary inquiry of the Chair, inasmuch as it is important that we try to en- MR. [ADOLPH J.] SABATH [of Illinois]: visage, in passing this legislation That is on the resolution itself, Mr. today, what effect it will have on the Speaker. future rules of procedure in the THE SPEAKER: On the resolution House, and their application. itself. MR. [WILLIAM M.] COLMER [of Mis- MR. COOLEY: My parliamentary in- sissippi]: I yield to the gentleman from quiry was about the resolution after Missouri. the discharge of the committee. THE SPEAKER PRO TEMPORE: (10) The THE SPEAKER: That is exactly what Chair must advise the distinguished the Chair was reading. It reads: ‘‘On gentleman from Missouri that this is a the resolution.’’ When the House votes matter for debate on a resolution pend- to discharge the committee then the resolution is before the House for a ing and not a matter properly within vote. the jurisdiction of the Chair on a parliamentary inquiry. It is up to the MR. COOLEY: Under the general rules of the House providing for an sponsor of the resolution to explain the amendment; or am I mistaken? terms of the resolution THE SPEAKER: This is not under the general rules of the House; this is under the discharge rule. § 6. —Applicability; Con- Discussion of Effect of Pro- struction posed Amendment A rule (11) provides that the § 5.12 The effect of a proposed rules of proceeding in the House amendment to the rules is a shall be observed in Committees matter for debate and not of the Whole House so far as they may be applicable. Similarly, the within the jurisdiction of the rules of the House are the rules of Chair to decide on a par- its committees and subcommittees liamentary inquiry. so far as applicable.(12) Thus, In the 90th Congress, in the Members may appeal from deci- course of debate on a resolution to sions of the chairmen of their re- amend the rules to permit joint spective committees in the same sponsorship of bills, the following manner as Members have a right exchange took place: (9)

MR. [DURWOOD G.] HALL [of Mis- 10. Carl Albert (Okla.). souri]: . . . 11. Rule XXIII, House Rules and Man- ual § 877 (1973). 9. 113 CONG. REC. 10710, 90th Cong. 12. Rule XI, House Rules and Manual 1st Sess., Apr. 25, 1967. § 735 (1973).

315 Ch. 5 § 6 DESCHLER’S PRECEDENTS to appeal from a decision of the Conflicting Rules Speaker or presiding officer in the House.(13) § 6.1 Where two rules of the It has been stated,(14) in re- House are in conflict, the last sponse to objections raised against one adopted controls. certain rules changes, that it is In the 74th Congress, in the not within the province of the course of holding that the House Chair in disposing of a point of order to consider the effect or an- may, by rule, provide for the con- ticipated effect of the passage of solidation into an omnibus bill of any rule on legislation which may private bills once objected to, be pending. A proposed rule hav- Speaker Joseph W. Byrns, of Ten- ing been reported by the Com- nessee, stated: (18) mittee on Rules, it is for the The gentleman . . . in his argument House to consider and act upon it, today, has contended that this rule and such action is controlling. It conflicts with a number of rules to is the province of the Chair to which he has referred. Without passing look to the terms of each existing upon the question of whether or not rule and direct the House to pro- there is a conflict, the Chair will state ceed in accordance with those that if there is a conflict the rule last terms. adopted would control. The Chair as- Where two rules of the House sumes that if this rule should be found to conflict with previous rules that the are in conflict, the last one adopt- House intended, at least by implica- (15) ed controls. Similarly, where tion, to repeal that portion of the pre- the rules of the House and a sub- vious rule with which it is in conflict. sequent legislative enactment are not consistent, the enactment § 6.2 Where the rules of the must prevail.(16) On the other House and a subsequent leg- hand, a rule subsequently adopted islative enactment are not may supersede the provisions of such an enactment.(17) bill reappropriating unexpended balances was conceded to be unauthor- 13. 95 CONG REC. 1212, 81st Cong. 1st ized, notwithstanding a section in Sess., Feb. 15, 1949 (remarks of the Mutual Security Act of 1955 au- Speaker Sam Rayburn [Tex.]). thorizing such reappropriations, 14. 79 CONG REC. 11265, 74th Cong. 1st since the rules of the House adopted Sess., July 16, 1935 (remarks of on Jan. 7, 1959 contained a later, ex- Speaker Joseph W. Byrns [Tenn.]. pression of Congress to the contrary. 15. See § 6.1, infra. See 106 CONG REC. 13138, 86th 16. See § 6.2, infra. Cong. 2d Sess., June 17, 1960. 17. In the 86th Congress, a provision in 18. 79 CONG REC. 11264, 74th Cong. 1st the mutual security appropriation Sess., July 16, 1935.

316 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 6

consistent, the enactment tion committees should make final must prevail, being a later reports to the House in contested expression of the will of the election cases. Speaker William B. House. Bankhead, of Alabama, ruled that the provisions in question were di- In the 87th Congress, it was rectory and not mandatory, and held that a House rule prohib- did not prevent an election com- iting, on general appropriation mittee from filing a report after bills, provisions reappropriating expiration of the specified time. In unexpended balances of appro- reaching such decision, the Speak- priations, was not applicable to er indicated that he would look provisions in an appropriation bill beyond the strict terms of the rule that were authorized by a legisla- to all the facts in the case in order tive enactment passed subse- to determine the intention of the quently to the adoption of the (19) House in adopting the rule. rules. Among the factors considered by the Speaker in reaching his deci- Factors Considered in Con- sion were the constitutional power struing Rule of the House to decide the quali- § 6.3 In construing a rule, the fications of its Members, and the Speaker may consider all the fact that the time period between facts and issues involved in a the election of Members and the point of order arising under meeting of Congress was much the terms of the rule. shorter than it had been at the time the rule in question was In the 75th Congress, a point of adopted.(20) order was made against the acceptance by the House of the re- Proceedings Not Expressly Au- port of an election committee, on thorized by Rules the grounds that the making of the report violated a rule speci- § 6.4 On occasion, acts or pro- fying the time within which elec- ceedings not expressly authorized by the rules may be 19. 107 CONG REC. 18133, 87th Cong. deemed inconsistent with or 1st Sess., Sept. 5, 1961 (Speaker pro in violation of the rules. tempore John W. McCormack, Mass.). Examples may be seen in the Of course, a rule subsequently rulings of Speakers Sam Rayburn, adopted may supersede the provisions of such an enactment. See § 6, 20. See 81 CONG REC. 8842–8846, 75th supra. Cong. 1st Sess., Aug. 13, 1937.

317 Ch. 5 § 6 DESCHLER’S PRECEDENTS of Texas, and John W. McCor- waiver.(2) Similarly, the power of mack, of Massachusetts, under the House to change its rules at the rules as they existed at the any time, as by amendment or by time, in regard to televising com- provisions included in legislative mittee meetings.(21) The tenor of enactments, is recognized, as has the rulings was that since there been discussed above.(3) Moreover, was no authority in the rules of it appears that where a motion the House granting the privilege not in order under the rules of the of televising the proceedings of House is, without objection, con- the House, there was no author- sidered and agreed to, it controls ization for televising committee the procedure of the House until meetings. carried out, unless the House takes affirmative action to the contrary.(4) § 7. —Abrogation or Waiv- The strict terms of a rule have been avoided where the Speaker, er having considered all of the facts and issues involved in a point of In most cases, the requirements order arising under the terms of of the rules can be waived or abro- the rule, has construed such rule gated through the use of various procedures. The House, for exam- 2. See Ch. 21, infra. ple, may by unanimous consent For debate of amendments under agree to a certain order of busi- the five-minute rule, see Ch. 29, ness, or may vote to suspend the infra. rules. These procedures are dis- 3. See § 5, supra. cussed in detail elsewhere.(1) Gen- Provisions in a legislative enactment may have the effect of ren- erally, the Speaker may recognize dering inapplicable a House rule for unanimous-consent requests to adopted earlier with respect to the waive the requirements of existing matters covered in the enactment. rules unless the rule in question Being a later expression of the will specifies that it is not subject to of the House, such enactment may, for example, expressly authorize that 21. See 98 CONG. REC. 1334, 82d Cong. which is prohibited by the rule. See 2d Sess., Feb. 25, 1952; 101 CONG. § 6.2, supra. REC. 628, 84th Cong. 1st Sess., Jan. 4. 114 CONG. REC. 30214, 90th Cong. 24, 1955; 108 CONG. REC. 267–269, 2d Sess., Oct. 9, 1968 (remarks of 87th Cong. 2d Sess., Jan. 16, 1962; Speaker John W. McCormack 113 CONG. REC. 8419, 90th Cong. 1st [Mass.], relating to motion of Mr. Sess., Apr. 5, 1967. Adams). See Ch. 23, infra, as to the 1. See Ch. 21, infra. use of motions generally.

318 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 7 to be directory and not manda- tion bills,(8) points of order based tory.(5) on the requirement of germane- A common means by which the ness in amendments to bills,(9) rules may be circumvented is for and even points of order based on the Committee on Rules to report, the requirements of the Ramseyer and the House to adopt, a resolu- rule,(10) whether the resolution is tion providing for a particular general in its terms or expressly order of business and specifying waives the requirement of compli- the conditions under which such ance with the Ramseyer rule.(11) business will be considered.(6) Since the Committee on Rules has 8. See Ch. 26, infra. For an example of a resolution authority to report resolutions waiving the provisions of the house providing for special orders of rule relating to unauthorized appro- business, no point of order against priations and legislation on general such a resolution can be based on appropriation bills, see 86 CONG. the fact that adoption of the reso- REC. 3443, 76th Cong. 3d Sess., Mar. lution would have the effect of ab- 25, 1940 (H. Res. 436). rogating another standing rule of 9. See, for example, 106 CONG. REC. 10575, 86th Cong. 2d Sess., May 18, the House.(7) Thus, by direction of 1960. For general discussion of the the Committee on Rules, a resolu- requirement of germaneness in tion may be called up waiving all amendments to bills, see Ch. 28, points of order against a par- infra. ticular bill. In such manner, a va- 10. As to the Ramseyer rule, requiring riety of points of order can be in certain circumstances that com- waived. As examples, a resolution mittee reports show the effects of proposed bills on existing law, see may waive points of order that Ch. 17, infra. could otherwise be raised against 11. 95 CONG. REC. 1214, 1218, 81st legislative provisions in appropria- Cong. 1st Sess., Feb. 15, 1949 (response of Speaker Sam Rayburn 5. See § 6.3, supra. [Tex.], to point of order concerning 6. See Chs. 17, 21, infra. the First Deficiency Appropriation 7. Generally, see Ch. 21, infra. Bill, 1949).

319 Ch. 5 § 8 DESCHLER’S PRECEDENTS

B. THE HOUSE JOURNAL § 8. In General; Purpose record the Journal is open to in- and Use spection by every Member and that anyone may take and publish votes therefrom.(6) The Constitution requires the The Clerk is required to print House of Representatives to keep and distribute the Journal at the a Journal of its proceedings, and close of each session to the Mem- from time to time publish it ex- bers and others designated by the cepting such parts as may in its House rules.(7) Further, various judgment require secrecy.(1) Ac- statutes provide for the distribu- cordingly, it is the Journal of the tion of the Journal to the libraries House and not the Corgressional and document rooms of both Record that is the official record of Houses of Congress, and to the the proceedings of the House,(2) Secretary of the Senate, the Clerk and as such it is appropriately af- of the House, and several other forded judicial notice by both fed- governmental officials, agencies, and departments.(8) eral and state courts.(3) The object of the constitutional clause exacting the keeping of the Journal is to ensure publicity to the proceedings of the House and a correspondent responsibility of Effect of Variance Between the Members to their respective Journal and Congressional ( ) constituents. 4 And, in consonance Record with such purpose, Jefferson’s Manual, although providing that the Clerk is not to let the Journal § 8.1 The Senate Journal is the ( ) be taken out of his custody, 5 also official record of Senate pro- emphasizes that as an official 6. House Rules and Manual § 582 1. U.S. Const. art. I, § 5, by which an (1973). identical requirement is imposed 7. Rule III clause 3, House Rules and upon the Senate. Manual § 641 (1973) (which also re- 2. 4 Hinds’ Precedents § 2727. quires that the Clerk send a copy of 3. 31 CJS Evidence § 43. the Journal to the Executive and to 4. 2 Story, Commentaries on the Con- each branch of the legislature of stitution, §§ 837–839. each state). 5. House Rules and Manual § 352 8. See, for example, 2 USC §§ 145, 146; (1973). 44 USC §§ 713, 1714, 1718.

320 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 9

ceedings, and where there is same effect as the originals would a variance between a Jour- have. However, it has been held nal and a Record entry, the that with respect to matters not Journal is controlling. required by the Constitution to be entered on the Journal, such provision is not a statutory declara- ( ) On Jan. 8, 11 165, 9 in response tion that the Journal is the high- to a parliamentary inquiry of a est evidence of the facts stated in Senator who asked whether the it or complete evidence of all that record of the Journal Clerk or the occurs in the progress of business record of an official reporter of de- in the House.(14) bates took precedence in the event Although the Constitution re- that there was any variance be- quires the objections of the Presi- tween them, the President pro dent to a bill returned by him to (15) tempore (10) said that the Journal be entered upon the Journal, is mentioned in the Constitution, the failure of the Journal to show such objections as of a certain and all the precedents support the time is not conclusive in deter- Journal as the proper record. mining whether the bill was in fact returned within the period allowed by the Constitution,(16) par- § 9. The Journal as Evi- ticularly since the President has dence no control over the entries in the Journal.(17) In keeping with the Journal’s 14. Field v Clark, 143 U.S. 649 (1892), status as the official record of the construing former Revised Statutes ( ) House, 11 it is provided by stat- § 895, the provisions of which re- ute (12) that extracts therefrom specting the admissibility and certified by the Clerk (13) are to be weight to be afforded certified copies received in evidence with the of the Journal were essentially the same as those of 28 USC § 1736. Collateral references: As to the 9. 111 CONG. REC. 452, 89th Cong. 1st extent to which resort may be made Sess. to legislative journals as an aid in 10. Carl Hayden (Ariz.). the construction of constitutions or 11. See § 8, supra. statutes generally, see 70 ALR 5. As 12. 28 USC § 1736. to judicial review of parliamentary 13. 2 USC § 114 authorizes the Clerk to proceedings generally, see 59 Am Jur charge a nominal fee for certified 2d Parliamentary Law § 15 (1971). transcripts from the Journal except 15. See § 10, infra. when required by an officer of the 16. U.S. Const. art I, § 7. United States in a matter relating to 17. Prevost v Morganthau, 106 F2d 330 the duties of his office. (70 App. D.C. 306, 1939).

321 Ch. 5 § 9 DESCHLER’S PRECEDENTS

It is expressly provided by stat- The specific content of the Jour- ute (18) that certified copies of the nal is also governed to some ex- Journal record of the oath of office tent by legislative enactment.(4) personally subscribed by Members For example, a statute requires are admissible in evidence in any that the electoral vote be entered court of the United States as con- on the Journal (5) together with a clusive proof of the fact that the list of the votes by state in alpha- signer duly took the oath of office betical order. in accordance with law.(19) Governing the content of the Journal to a far greater extent than the relatively few constitu- § 10. Entry of Particular tional and statutory provisions are Proceedings the rules and practice of the House itself. In this regard, it The Constitution provides for should be noted that while the the keeping and publication of the Constitution requires that certain Journal,(20) and expressly requires matters be recorded in the Jour- the recording of certain matters nal, it does not specify the par- therein. Pursuant to its provi- ticular mode in which, or indicate sions, veto messages of the Presi- with what fullness, the Journal is dent accompanying bills dis- to record those proceedings of the approved and returned by him to House relating to matters not ex- the House must be entered on the pressly required by it to be en- Journal.(1) The Constitution also tered therein; consequently the specifies the circumstances under procedures to be followed with re- which the yeas and nays are to be spect to such matters are left to ( ) entered on the Journal.(2) And, be- the discretion of the House. 6 cause yea and nay votes are thus Thus, the House controls its Jour- always made a part of the Jour- 4. See, for example, 2 USC § 25, requir- nal, a motion or request to that ef- ing each Member who takes the oath ( ) fect is not necessary. 3 of office to deliver a signed copy thereof to the Clerk for recordation 18. 2 USC § 25. in the Congressional Record and in 19. Generally, as to taking the oath, see the Journal. Ch. 2, supra. As to the admissibility in evidence 20. See § 8, supra. of certified copies of the Journal 1. U.S. Const. art I, § 7. entry, see § 9, supra. 2. See U.S. Const. art I, §§ 5, 7. 5. 3 USC § 17. 3. See § 10.4, infra. 6. Field v Clark, 143 U.S. 670 (1892).

322 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 10 nal, even to the extent of omitting the names of the Members pre- things actually done or recording senting them, are entered in the things not done.(7) For example, Journal,(14) as are all public bills, because the Journal reflects only memorials, resolutions and other actions actually taken in the documents referred under the House, a request for unanimous rules.(15) Additionally, when a bill, consent which meets with objec- resolution or memorial is intro- tion is not made part of the Jour- duced ‘‘by request’’, these words nal.(8) And, in the exercise of that must also be entered upon the discretion afforded it by the Con- Journal,(16) and although not ex- stitution with respect to the Jour- pressly required to do so by its nal, the House has by its rules ex- rules, the House follows an iden- pressly provided for the entry tical practice with respect to peti- ( ) therein of such diverse matters as tions so introduced. 17 questions of order and the deci- Every motion made to the sions thereon,(9) the designation of House and entertained by the a Clerk pro tempore,(10) the titles Speaker, likewise must be entered or subject of reports of committees on the Journal with the name of the Member making it, unless it is delivered to the Clerk for printing ( ) and reference to the proper cal- withdrawn the same day. 18 A endar under the direction of the motion to discharge a committee, Speaker,(11) the hour of adjourn- however, is entered on the Jour- ment,(12) and messages from the nal only when signed by a major- Senate and the President giving ity of the total membership of the (19) notice of bills passed or ap- House. (13) proved. 14. Rule XXII clause 1, House Rules and Petitions, memorials and bills of Manual § 849 (1973). a private nature, together with 15. Rule XXII clause 4, House Rules and Manual § 854 (1973). 7. 4 Hinds’ Precedents § 2784. 16. Rule XXII clause 6, House Rules and 8. See § 10.2, infra. Manual § 860 (1973), also requiring 9. Rule III clause 3, House Rules and that the quoted words be printed in Manual § 641 (1973). the Record. 10. Rule III clause 4, House Rules and 17. See § 10.7, infra. Manual § 647 (1973). 18. Rule XVI clause 1, House Rules and 11. Rule XIII clause 2, House Rules and Manual § 775 (1973), providing fur- Manual § 743 (1973). ther that any such motion must be 12. Rule XVI clause 5, House Rules and reduced to writing on the demand of Manual § 790 (1973). any Member. 13. Rule XXXIX, House Rules and Man- 19. Rule XXVII clause 4, House Rules ual § 935 (1973). and Manual § 908 (1973), further

323 Ch. 5 § 10 DESCHLER’S PRECEDENTS

Jefferson’s Manual states that bers voluntarily appearing report conference reports are to be en- their names to the Clerk to be entered in the Journal,(20) but notes tered upon the Journal as that where amendments are made present.(5) to a question they are not to be On the other hand, when a call printed in the Journal separated of the House in the absence of a from the question, and that the quorum is ordered, those Mem- Journal records only the question bers who fail to respond are re- as finally agreed to by the corded as absent in the Journal,(6) House.(1) as are those Members reported as The Journal also should record the result of every vote and state absentees during a call of the roll its subject in general terms.(2) In ordered upon the failure of a this regard, the rules provide that quorum in the Committee of the ( ) when a recorded vote is taken the Whole. 7 names of those voting on each Similarly, whenever electronic side of the question and the voting equipment is used in re- names of those not voting are to cording any roll call or quorum be entered in the Journal.(3) call, a list of the names of those The names of those Members Members recorded as voting in counted to establish a quorum of the affirmative, of those recorded record, but not voting on a roll as voting in the negative, and of call, are also reported on the Jour- those voting ‘‘present’’, as the case nal.(4) And when, in the absence of may be, is to be entered in alpha- a quorum, a call of the House in betical order in each category in the old form is conducted, Mem- the Journal as if their names had providing that a signature may be been called in the manner other- withdrawn by a Member in writing wise provided for under the provi- at any time before the motion is en- sions of the applicable rule.(8) tered on the Journal. 20. House Rules and Manual, § 542 5. Rule XV clause 2(a), House Rules (1973). and Manual § 768 (1973). 1. House Rules and Manual § 580 6. Rule XV clause 2(b), House Rules (1973). and Manual § 771b (1973). 2. 4 Hinds’ Precedents § 2804. 7. Rule XXIII clause 2, § 863, and Rule 3. Rule I clause 5, House Rules and XV clause 2(b), § 771b, House Rules Manual § 630 (1973). and Manual (1973). 4. Rule XV clause 3, House Rules and 8. Rule XV clause 5, House Rules and Manual § 772 (1973). Manual § 774b (1973).

324 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 10

Entry of Proceedings, Special tion of another Member thereto. Orders, and Unanimous-Con- The Speaker,(12) pointing out that sent Requests the Clerk was reading the Journal and not the Record, overruled the § 10.1 The Journal reflects the point of order and declared that proceedings of the day. the Journal reflects only the ac- On Oct. 8, 1968,(9) a Member tions that are taken. propounded a parliamentary in- § 10.3 The Journal does not inquiry as to whether due diligence clude the texts of special or- was being paid to the proceedings ders because they do not of that day with regard to what constitute business. the Journal and the Corgressional ( ) Record would show on the next On Sept. 13, 1965, 13 a Member day. The Speaker pro tempore (10) rising to a parliamentary inquiry stated that the Journal and the interrupted the reading of the Record would reflect the pro- Journal for Sept. 9 to ask whether ceedings of the day. it included any part of certain special orders. In response, the ( ) § 10.2 The Journal reflects Speaker 14 stated that the Jour- only the actions that are nal did not include special orders taken in the House and because the same were not busi- therefore, where a unani- ness. mous-consent request is ob- Recording Yeas and Nays jected to, such matter is not made part of the Journal. § 10.4 Yea and nay votes are al- On Feb. 15, 1950,(11) a Member ways made a part of the interrupted the reading of the pre- Journal and a motion or re- vious day’s Journal to make the quest to that effect is not point of order that the Journal necessary. was incorrect because it noted nei- On Feb. 21, 1950,(15) in response ther his unanimous-consent re- to a Member who requested that quest that the House adjourn the yea and nay votes just re- until a day certain nor the objec- 12. Sam Rayburn (Tex.). 9. 114 CONG. REC. 3097, 90th Cong. 2d 13. 111 CONG. REC. 23600, 89th Cong. Sess. 1st Sess. 10. Wilbur D. Mills (Ark.). 14. John W. McCormack (Mass.). 11. 96 CONG. REC. 1805, 81st Cong. 2d 15. 96 CONG. REC. 2094, 81st Cong. 2d Sess. Sess.

325 Ch. 5 § 10 DESCHLER’S PRECEDENTS corded be made a part of that cess of the minimum number day’s Journal, the Speaker (16) prescribed by statute (3) may stated it to be his understanding be entered on the Journal by that yea and nay votes are always unanimous consent. made a part of the Journal. On Jan. 6, 1969,(4) after the joint session of the two Houses of Recording Electoral Votes Congress called to count the elec- § 10.5 After the dissolution of a toral vote was dissolved, the ( ) joint session of Congress Speaker, 5 having called the called for the purpose of House to order and directed that counting the electoral vote, the electoral vote be spread at the Speaker calls the House large upon the Journal, an- to order and directs that the nounced that there were additional signatures of Members of electoral vote be spread at the House and Senate on the ob- large upon the Journal. jection raised to the electoral vote ( ) On Jan. 6, 1969, 17 after the of North Carolina, and that with- President pro tempore of the Sen- out objection such signatures ( ) ate 18 had declared dissolved the would appear in the Journal and joint session of Congress, called in the Record. There was no objec- pursuant to a Senate concurrent tion. resolution (1) for the purpose of counting the electoral vote, the Entry of Bills, Petitions, and House was called to order by the Resolutions Speaker (2) who then directed that the electoral vote be spread at § 10.7 When a petition filed large upon the Journal. with the Clerk under Rule XXII clause 1 is introduced § 10.6 The names of those ‘‘by request,’’ these words are Members of Congress whose entered on the Journal and signatures on an objection to printed in the Record fol- the electoral count are in ex- 3. 3 USC § 15, providing, inter alia, 16. Sam Rayburn (Tex.). that such objection must be in writ- 17. 115 CONG. REC. 172, 91st Cong. 1st ing and signed by at least one Sen- Sess. ator and one Member of the House of 18. Richard B. Russell, Jr. (Ga.). Representatives. 1. S. Con. Res. 1, 91st Cong. 1st Sess. 4. 115 CONG. REC. 172, 91st Cong. 1st (1969). Sess. 2. John W. McCormack (Mass.). 5. John W. McCormack (Mass.).

326 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 10

lowing the name of the Mem- § 10.9 When a resolution has ber. been adopted providing for The presentation and reference the consideration of a bill by under Rule XXII (6) of a petition the Committee of the Whole introduced ‘‘by request’’ on Apr. House on the state of the 13, 1961, was duly recorded in Union, and the bill is then both the Journal (7) and the Con- called up and considered by ( ) gressional Record 8 for that date unanimous consent in the with the words ‘‘by request’’ noted House as in the Committee of parenthetically immediately fol- the Whole, the Journal indi- lowing the name of the Member introducing the petition. cates the discharge of the Committee of the Whole § 10.8 The printing of the text House on the state of the of a bill in the Journal may Union from the further con- be dispensed with by unani- sideration of such bill. mous consent. On June 28, 1966,(12) after the On Apr. 26, 1965 (9) after the adoption of a resolution (13) pro- passage of a bill (10) providing for viding for the consideration of a the codification of the general and certain bill (14) in the Committee of permanent laws relating to dece- the Whole House on the state of dents’ estates and fiduciary rela- the Union under an open rule tions in the District of Columbia, with one hour of general debate, a a Member asked unanimous con- Member, by direction of the cog- sent that the printing of the bill in the Journal and in the Congres- nizant Committee, called up the sional Record be dispensed with bill and at his request was grant- because of the cost involved. ed unanimous consent that it be There was no response to the considered in the House as in the Speaker’s (11) call for objections. Committee of the Whole. The Journal for that day (15) indicated 6. Clauses 1 and 6, House Rules and the discharge of the Committee of Manual (1973). 7. H. JOUR. 424, 87th Cong. 1st Sess. 12. 112 CONG. REC. 14547, 89th Cong. 8. 107 CONG. REC. 5900, 87th Cong. 1st 2d Sess. Sess. 13. H. RES. 895, 89th Cong. 2d Sess. 9. 111 CONG. REC. 8375, 89th Cong. 1st (1966). Sess. 14. H.R. 5256, 89th Cong. 2d Sess. 10. H.R. 4465, 89th Cong. 1st Sess. (1966). (1965). 15. H. JOUR. 650, 89th Cong. 2d Sess. 11. John W. McCormack (Mass.). (1966).

327 Ch. 5 § 10 DESCHLER’S PRECEDENTS the Whole in the following lan- adopted, the reading of the Jour- guage: ‘‘On motion of Mr. He´bert nal of each legislative day was by unanimous consent, the Com- mandatory under the rule as then mittee of the Whole House on the in force, and could be dispensed state of the Union was discharged with only by unanimous con- ( ) from further consideration of the sent 18 or by suspension of the (19) bill H.R. 5256. . . .’’ rules. Under the modern practice, Corrections of the Congres- however, the Speaker, after exam- sional Record ining the Journal, is authorized on the appearance of a quorum to § 10.10 When remarks and ex- announce his approval thereof, in traneous matter inserted in which case the Journal is to be the Congressional Record by considered as read, unless its a Member are, by unanimous reading is ordered either by the consent, ordered expunged Speaker himself or by the House. In the latter regard, it is in order from the permanent edition to offer one motion that the Jour- thereof, the Journal records nal be read, which motion is of such fact. the highest privilege and must be The Journal of June 5, 1962,(16) determined without debate.(20) In records the fact that at the re- either event, however, the Journal quest of a Member his remarks may not be ordered read, or ap- and certain extraneous material proved, in the absence of a ( ) appearing in the Congressional quorum, 1 and when a point of Record for a particular date were order as to the absence of a by unanimous consent ordered ex- quorum is made prior to the read- punged from the permanent ing of the Journal, the presence of a quorum is therefore ascertained Record. before the reading is begun.(2)

form of which is derived from § 127 § 11. Reading the Journal of the Legislative Reorganization Act of 1970 (84 Stat. 1140). Prior to the 92d Congress, dur- 18. 6 Cannon’s Precedents § 625. ing which the present form of the 19. 4 Hinds’ Precedents §§ 2747–2750. applicable House rule (17) was 20. Rule I clause 1, House Rules and Manual § 621 (1973). 16. H. JOUR. 372, 87th Cong. 2d Sess. 1. 4 Hinds Precedents §§ 2732, 2733; 6 17. Rule I clause 1, House Rules and Cannon’s Precedents § 629. Manual § 621 (1973), the present 2. See § 12.6, infra.

328 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 11

The Journal, if and when read, previous legislative day to ask is ordinarily read in accordance whether the reading of the Jour- with the practices and customs of nal in full would be concluded the House,(3) as prepared by the prior to the reading of the special Clerk.(4) Once begun, the reading orders and the referral of bills and thereof must be in full if so de- rules on that day. manded by a Member.(5) However, The Speaker (9) stated that the when a demand that it be read in Journal was being read in accord- full is made after a portion thereof ance with the practices and cus- has been read, the Clerk begins toms of the House of Representa- detailed reading at the point tives. where the demand is made and § 11.2 When the House recon- does not return to that portion vened after an adjournment (6) which has been passed. Of to a day certain, the Journal course, a reading of the Journal of the last day’s proceedings may be terminated by unanimous was read. consent.(7) When the House, pursuant to a Senate concurrent resolution,(10) met on Aug. 15, 1960,(11) after an Reading Practices and Cus- adjournment of approximately six toms weeks, the Journal of the last day § 11.1 The Journal is read in of meeting was read and ap- accordance with the prac- proved. tices and customs of the Reading of Journal in Full House of Representatives. On Sept. 13, 1965,(8) a Member, § 11.3 The Journal had to be having been recognized for the read in full when demanded purpose of submitting a par- by a Member. liamentary inquiry, interrupted On May 4, 1960,(12) before the the reading of the Journal for the Clerk had commenced the reading of the Journal of the previous 3. See § 11.1, infra. 4. See § 11.4, infra. 9. John W. McCormack (Mass.). 5. See § 11.3, infra. 10. S. Con. Res. 112, 86th Cong. 2d Sess. 6. See § 11.9, infra. 11. 106 CONG. REC. 16457, 86th Cong. 7. See § 11.13, infra. 2d Sess. 8. 111 CONG. REC. 23599, 89th Cong. 12. 106 CONG. REC. 9413, 86th Cong. 2d 1st Sess. Sess.

329 Ch. 5 § 11 DESCHLER’S PRECEDENTS day’s proceedings, a Member de- those Members noted therein manded that the Journal be read as responding on roll calls in full. The Speaker (13) ordered may also be read. the Clerk to read the Journal in (18) full. On June 1, 1934, a Member propounding a parliamentary in- Likewise, on Aug. 27, 1962,(14) before the Clerk could proceed quiry interrupted the reading of with the reading of the Journal the Journal in full to ask whether, following a call of the House, a in the 35 or 36 years of the Speak- ( ) Member rose to demand that the er’s 19 connection with the Con- Journal be read in full. The gress he had ever known of any Speaker (15) directed the Clerk to requirement under the rule for read the Journal in full. reading every name of every roll call that occurred and every single § 11.4 Where demand was word of every proceeding in the made that the Journal be Journal. The Speaker replied that read in full, the Clerk read while he did not know of such the Journal in accordance comprehensive reading, it could be with the way it was pre- done and that the [former] rule so pared. provided. On Sept. 13, 1965,(16) the reading of the Journal for the previous § 11.6 A message from the legislative day was interrupted by President of the United a Member who, asserting that the States, entered in the Jour- Clerk had failed to read certain nal, must be read in its en- material, rose to demand that the tirety when the Journal is Journal be read in full. The read in full. (17) Speaker advised that the Clerk (20) was ‘‘reading the Journal in ac- On May 4, 1960, after the (1) cordance with its preparation.’’ Speaker, in response to the demand of a Member, had directed § 11.5 When the Journal is the Clerk to read the Journal of read in full the names of the last day’s proceedings in full, the same Member interrupted the 13. Sam Rayburn (Tex.). 14. 108 CONG. REC. 17653, 87th Cong. 18. 78 CONG. REC. 10226, 73d Cong. 2d 2d Sess. Sess. 15. John W. McCormack (Mass.). 19. Henry T. Rainey (Ill.). 16. 111 CONG. REC. 23599, 89th Cong. 20. 106 CONG. REC. 9413, 86th Cong. 2d 1st Sess. Sess. 17. John W. McCormack (Mass.). 1. Sam Rayburn (Tex.).

330 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 11 reading of the Journal with a par- in full, the Clerk, at the direction liamentary inquiry, asking wheth- of the Speaker pro tempore (5) had er the message from the President continued the reading of the Jour- of the United States should be nal when it was interrupted by a read as part of the Journal. The Member who contended that the Speaker replied in the affirmative. names of those who failed to an- § 11.7 The names of Members swer on a particular roll call were responding to roll calls for not being read in full. The Speak- the yea and nay vote which er pro tempore stated that the had been entered in the Clerk took up exactly where he Journal were read when the left off. The Clerk then continued Journal was read in full. to read the Journal. ( ) On Apr. 9, 1964, 2 after a Mem- § 11.9 Where a demand that ber had earlier demanded that the the Journal be read in full Journal be read in full, the read- was made after a portion ing of the Journal was interrupted by another Member who insisted, thereof had been read, the as a point of order, that the Clerk began a detailed read- names of those voting on a certain ing at the point where the roll call be read. The Speaker,(3) demand was made and did stating it to be his understanding not return to that portion that that was the next item in the which had been passed. Journal to be read, ordered the (6) Clerk to continue to read the pro- On Sept. 13, 1965, a Member ceedings of the preceding session. interrupted the reading of the Journal for Sept. 9, 1965, with a § 11.8 The reading of the Jour- parliamentary inquiry to ask nal was interrupted by a whether the reading of the Jour- Member contending that the nal in full as previously demanded names of those who failed to by him included the reading of the answer on a roll call were roll call immediately preceding not being read in full. that which was then being read. ( ) On Sept. 13, 1965,(4) following a The Speaker pro tempore 7 re- demand that the Journal be read plied that that part of the Journal had been passed before the de- 2. 110 CONG. REC. 7355, 88th Cong. 2d Sess. 5. Carl Albert (Okla.). 3. John W. McCormack (Mass.). 6. 111 CONG. REC. 23598, 89th Cong. 4. 111 CONG. REC. 23598, 89th Cong. 1st Sess. 1st Sess. 7. Carl Albert (Okla.).

331 Ch. 5 § 11 DESCHLER’S PRECEDENTS mand had been made for the read- nal be read in full, the Speaker ing of the Journal in full, and that advised that the Chair assumes the question was therefore moot. that the Journal is always read in Following a further parliamen- full. tary inquiry and a renewed demand by the same Member that Dispensing With Further Read- the Journal be read in full, the ing of the Journal reading of the Journal was re- § 11.11 Under the former rule, sumed at the direction of the a motion that the further Speaker pro tempore and contin- reading of the Journal be ued until again interrupted by an- dispensed with was not in other Member, who submitted order because such action re- that the Clerk was not reading in quired unanimous consent. full the names of those who failed ( ) to answer the roll call being read On Feb. 22, 1950, 11 in response at the time of the previous inter- to a Member who interrupted the ruption. The Speaker pro tempore reading of the Journal to move advised that the Clerk took up at that the further reading thereof (12) the point of interruption. be dispensed with, the Speaker said that could be done only by The Clerk then continued the unanimous consent. reading of the Journal. Similarly, on May 4, 1960,(13) ( ) § 11.10 It is presumed that the the Speaker 14 ruled that a mo- Journal, when read, is al- tion to dispense with the further ways read in full. reading of the Journal was not in order, noting that the reading of (8) On Sept. 11, 1968, in response the Journal could be dispensed to a Member’s demand that the with only by unanimous consent. Journal of the preceding session Again, on Sept. 19, 1962,(15) in (9) be read in full, the Speaker said response to a Member who moved that there is a presumption that that the further reading of the the Journal is always read in full. Similarly, on Oct. 8, 1968,(10) in 11. 96 CONG. REC. 2152, 81st Cong. 2d reply to a demand that the Jour- Sess. 12. Sam Rayburn (Tex.). 8. 114 CONG. REC. 26454, 90th Cong. 13. 106 CONG. REC. 9413, 86th Cong. 2d 2d Sess. Sess. 9. John W. McCormack (Mass.). 14. Sam Rayburn (Tex.). 10. 114 CONG. REC. 30090, 90th Cong. 15. 108 CONG. REC. 19941, 87th Cong. 2d Sess. 2d Sess.

332 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 12

Journal be dispensed with after by unanimous consent. There was objection was heard to his request no objection. that it be dispensed with by unanimous consent, the Speaker (16) stated that the motion was not in § 12. —Propriety of Busi- order. ness Before and During Reading § 11.12 Under the former rule, the House, by unanimous The reading and approval of the consent, could dispense with Journal rank second in the daily the further reading of the order of business prescribed by Journal and consider it as the rules of the House, coming im- read and approved. mediately after the prayer by the ( ) On Aug. 8, 1964,(17) after a Chaplain. 1 It is therefore well es- Member had interrupted the read- tablished that the transaction of ing of the Journal to withdraw his business is not in order before the ( ) demand that it be read in full, the Journal is approved. 2 However, (3) Speaker (18) announced that with- the simple motion to adjourn out objection, the Journal of the and the administration of the oath (4) proceedings of the previous day to a Member-elect are both in would be considered as read and order prior to the reading of the Journal, and since the Journal approved. There was no objection. may neither be ordered read nor Likewise on Sept. 11, 1968,(19) approved in the absence of a (20) after the Speaker had directed quorum,(5) a point of no quorum the Clerk to continue with the may also be properly made before reading of the Journal following the Journal is read.(6) an interruption thereof initiated Once begun, the reading of the by a call of the House, a Member Journal may not be interrupted requested that the further reading even by business as highly privi- of the Journal be dispensed with 1. Rule XXIV clause 1, House Rules 16. John W. McCormack (Mass.). and Manual § 878 (1973). As to ap- 17. 110 CONG. REC. 18630, 88th Cong. proval of the Journal, see § 14, infra. 2d Sess. 2. See § 12.1, infra. 18. John W. McCormack (Mass.). 3. See § 12.3, infra. 19. 114 CONG. REC. 26456, 90th Cong. 4. See § 12.5, infra. 2d Sess. 5. See § 11, supra. 20. John W. McCormack (Mass.). 6. See § 12.6, infra.

333 Ch. 5 § 12 DESCHLER’S PRECEDENTS leged as the presentation of a con- leged, is not in order before ference report (7) or the consider- the reading and approval of ation of a privileged report from the Journal. (8) the Committee on Rules. It may On Oct. 8, 1968,(15) in response be interrupted, however, by a to a parliamentary inquiry, the point of no quorum,(9) a par- Speaker pro tempore (16) held that liamentary inquiry,(10) an arraign- it would not be in order to recog- ment of impeachment,(11) and a nize a member of the Committee question of privilege of the on Rules to present a rule before House.(12) the completion of the reading of In addition, certain matters the Journal of the previous day, may be authorized before or during the reading of the Journal by noting that even with respect to unanimous consent. For example, such a highly privileged matter as the Speaker may be so authorized a conference report it had been (17) to declare a recess subject to the previously ruled that no busi- call of the Chair prior to the read- ness was in order until the Jour- ing of the Journal.(13) Likewise, a nal had been read and approved. Member may be granted unani- § 12.2 A privileged report from mous consent to extend his re- the Committee on Rules may marks and include extraneous matter in the Record prior to the not be called up for consider- reading of the Journal.(14) ation before the reading and approval of the Journal. On Oct. 8, 1968,(18) before the Transaction of Business Before reading of the Journal had been Reading completed, a Member propounded as a parliamentary inquiry the § 12.1 The transaction of busi- suggestion that under the House ness, however highly privi- rule (19) making it always in order to call up for consideration a re- 7. Rule XXVIII clause 1(a), House Rules and Manual § 909 (1973). 15. 114 CONG. REC. 30096 90th Cong. 2d 8. See § 12.2, infra. Sess. 9. See § 12.13, infra. 16. Wilbur D. Mills (Ark.). 10. See § 12.15, infra. 17. 6 Cannon’s Precedents § 630. 11. 6 Hinds’ Precedents § 469. 18. 114 CONG. REC. 30095, 90th Cong. 12. See § 12.17, infra. 2d Sess. 13. See § 12.8, infra. 19. Rule XI, House Rules and Manual 14. See § 12.9, infra. § 729 (1973).

334 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 12 port from the Committee on yeas and nays were ordered there- Rules, and in light of the con- on, was decided in the negative. struction given that rule by an Again, on Dec. 7, 1963,(5) prior early precedent,(1) it would be in to the reading of the Journal and order at that time for the Chair to while a point of order that a recognize a member of the Com- quorum was not present was mittee on Rules for the purpose of pending, a Member moved that calling up a special order. The the House adjourn. The motion Speaker pro tempore,(2) however, was then agreed to and the House noting that the precedent referred accordingly adjourned until Dec. to had been superseded by the 9, 1963, at 12 o’clock noon. ( ) subsequent ruling 3 that no busi- § 12.4 The House may adjourn ness was in order until the Jour- before the Journal is read nal had been read and approved, and approved. held that it thus would not be in (6) order for him to recognize a mem- On Dec. 7, 1963, before the Journal was read and pending the ber of the Committee on Rules to point of order that a quorum was present a rule before the reading not present, a Member moved that of the previous day’s Journal had the House adjourn. The motion been completed. was agreed to, and the House accordingly adjourned until Monday, Matters Taking Precedence Dec. 9, 1963, at 12 o’clock noon. Over Reading § 12.5 The oath of office may § 12.3 A simple motion to ad- be administered to a Mem- journ is in order prior to the ber-elect before the Journal reading and approval of the is read. Journal. On Apr. 26, 1948,(7) before the ( ) On July 25, 1949, 4 before the Clerk had begun to read the Jour- Journal of the last day’s pro- nal and after a point of no quorum ceedings was read, a Member was, at the request of the Speak- moved that the House then ad- er,(8) withheld in order that he journ, which motion, after the 5. 109 CONG. REC. 23752, 88th Cong. 1. 4 Hinds’ Precedents § 2754. 1st Sess. 2. Wilbur D. Mills (Ark.). 6. Id. 3. 6 Cannon’s Precedents § 630. 7. 94 CONG. REC. 4834, 80th Cong. 2d 4. 95 CONG. REC. 10092, 81st Cong. 1st Sess. Sess. 8. Joseph W. Martin, Jr. (Mass.).

335 Ch. 5 § 12 DESCHLER’S PRECEDENTS might swear in a new Member, was not present answered in the the Speaker laid before the House affirmative when asked by the a communication from the Clerk Speaker (12) whether he was mak- attesting to the credentials of the ing such point of order before the Member-elect concerned, who then Journal was read. A call of the appeared at the bar of the House House was then ordered, and after and took the oath of office. a quorum had appeared, further proceedings under the call were § 12.6 The point of no quorum dispensed with and the Clerk read may be made before the the Journal of the previous day. Journal is read and ap- § 12.7 When a point of order as proved. to the absence of a quorum is On Apr. 26, 1948,(9) before the made before the reading of Clerk had begun to read the Jour- the Journal, the presence of nal, a Member making the point a quorum is established be- of order that a quorum was not fore the reading begins. present refused to withhold it On Mar. 26, 1965,(13) after the until after the Journal was read, Clerk had been directed by the although agreeing to do so until Speaker (14) to read the Journal of after a new Member was sworn, the previous day but before he and therefore, following the ad- had begun to do so, a Member ministration of the oath by the made the point of order that a Speaker,(10) a call of the House quorum was not present. A call of was ordered. After a quorum had the House was then ordered, and appeared, the House dispensed after a quorum had appeared in with further proceedings under response thereto and further pro- the call and the Journal of the ceedings thereunder had been dispensed with, the Clerk read the previous day was then read and Journal. approved. On Mar. 26, 1965,(11) before the Matters Authorized by Unani- Clerk had commenced the reading mous Consent of the Journal, a Member making the point of order that a quorum § 12.8 A recess subject to the call of the Chair may be de- 9. 94 CONG. REC. 4834, 80th Cong. 2d Sess. 12. John W. McCormack (Mass.). 10. Joseph W. Martin, Jr. (Mass.). 13. 111 CONG. REC. 6093, 89th Cong. 1st 11. 111 CONG. REC. 6094. 89th Cong. 1st Sess. Sess. 14. John W. McCormack (Mass.).

336 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 12

clared by the Speaker, if the Journal of the previous day’s properly authorized, prior to proceedings had been read, a the reading and approval of Member asked unanimous consent the Journal. to extend his remarks at that On Apr. 9, 1964,(15) before the point in the Record and include Clerk had begun to read the Jour- extraneous matter therein. There nal of the previous day’s pro- was no response to the Speak- (19) ceedings, the Speaker (16) (pursu- er’s call for objections. ant to authorization by unanimous consent) (17) declared a re- Requests Entertained Before cess, subject to the call of the Reading Chair, for the purpose of permit- § 12.10 A request that Cal- ting Members to proceed to the endar Wednesday business Rotunda to witness the conclusion of the lying-in-state ceremonies be dispensed with by unani- for the late General of the Army mous consent may be enter- Douglas MacArthur. After the ex- tained prior to the reading piration of the recess, the House and approval of the Journal. was called to order by the Speak- On Sept. 19, 1962,(20) before the er, and at his direction, the Clerk Clerk had begun to read the Jour- read the Journal. nal and pending the renewal of a point of no quorum which was § 12.9 A Member’s request for being withheld, a Member asked unanimous consent to extend unanimous consent that the busi- his remarks and include ex- ness in order under the Calendar traneous matter in the Wednesday rule be dispensed with Record may be entertained on that day. Following the Speak- and acted upon prior to the er’s (1) interrogative, an objection reading and approval of the was heard and the request accord- Journal. ingly denied. On Dec. 7, 1963,(18) after the prayer by the Chaplain and before § 12.11 The Speaker may decline requests for unanimous 15. 110 CONG. REC. 7354, 88th Cong. 2d consent to insert material in Sess. the Record until after the 16. John W. McCormack (Mass.). 17. 110 CONG. REC. 7119, 88th Cong. 2d 19. John W. McCormack (Mass.). Sess. 20. 108 CONG. REC. 19940, 87th Cong. 18. 109 CONG. REC. 23751, 88th Cong. 2d Sess. 1st Sess. 1. John W. McCormack (Mass.).

337 Ch. 5 § 12 DESCHLER’S PRECEDENTS

Journal has been read and ception of a message from the approved. Senate. Following the communica- (2) tion of the message to the Chair, On Sept. 19, 1962, before the the point of no quorum was re- Clerk had begun to read the Jour- newed, and after a call of the nal of the preceding session, a House had been ordered and a Member, having unsuccessfully motion to dispense with further sought unanimous consent for dis- proceedings thereunder agreed to, pensing with Calendar Wednes- the Clerk commenced the reading day business on that day, asked of the Journal. ( ) unanimous consent to insert in Again, on Apr. 9, 1964, 6 a mes- the Record with his own remarks sage from the Senate was received after a point of no quorum made a letter from the Secretary of before the Clerk had begun to State addressed to the Speaker of ( ) read the Journal was withheld the House. The Speaker 3 stated solely for that purpose at the re- that unanimous-consent requests quest of the Speaker.(7) would have to wait until after the And on Sept. 11, 1968,(8) fol- Journal had been read. lowing a call of the House ordered before the reading of the Journal Reception of Messages Prior to was begun, and while a motion to Reading dispense with further proceedings under the call was pending, the § 12.12 A message from the Speaker (9) received a message Senate may be received be- from the Senate. fore the reading of the Jour- Matters Which May Interrupt nal. Reading On Sept. 19, 1962,(4) before the Clerk had begun to read the Jour- § 12.13 A point of order of no nal of the preceding session, a quorum is in order during point of order that a quorum was the reading of the Journal. not present was made and, at the On Dec. 18, 1970,(10) after a request of the Speaker,(5) then Member had interrupted the read- withheld in order to permit the re- 6. 110 CONG. REC. 7353, 88th Cong. 2d Sess. 2. 108 CONG. REC. 19940, 87th Cong. 7. John W. McCormack (Mass.). 2d Sess. 8. 114 CONG. REC. 26453, 90th Cong. 3. John W. McCormack (Mass.). 2d Sess. 4. 108 CONG. REC. 19940, 87th Cong. 9. John W. McCormack (Mass.). 2d Sess. 10. 116 CONG. REC. 42505, 91st Cong. 2d 5. John W. McCormack (Mass.). Sess.

338 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 12 ing of the Journal to make the Journal of the preceding day, a point of order that a quorum was Member made the point of order not present, the Speaker pro tem- that a quorum was not present. A pore (11) announced the intention call of the House was then or- of the Chair to conduct a count, dered, and after a quorum had ap- thereby prompting another Mem- peared in response thereto and ber to ask, by way of parliamen- further proceedings thereunder tary inquiry, whether it was in had been dispensed with by unan- order for a Member to be recog- imous consent, the Clerk read the nized during the reading of the Journal. Journal. The Speaker pro tempore replied that a point of order that § 12.15 A Member may inter- a quorum is not present is always rupt the reading of the Jour- in order. nal to propound a parliamentary inquiry. § 12.14 The reading of the On Apr. 9, 1964,(15) a Member Journal may be interrupted who interrupted the reading of by a call of the House. the Journal to submit a par- On Aug. 27, 1962,(12) after the liamentary inquiry was recognized reading of the Journal had been for that purpose by the Speak- interrupted by a Member making er.(16) the point of order that a quorum was not present and the Speak- § 12.16 The status of the er (13) had confirmed such fact by Clerk’s progress in reading making a count, a call of the the Journal of proceedings of House was ordered. Following the the previous day is a proper appearance of a quorum, further subject for a parliamentary proceedings under the call were inquiry. dispensed with, and the Clerk On Oct. 8, 1968,(17) in response then concluded the reading of the to a parliamentary inquiry asking Journal. how many pages of the Journal Again, on Nov. 3, 1967,(14) after had been read and how many re- the Clerk had begun to read the mained to be read, the Speaker (18)

11. W.J. Bryan Dorn (S.C.). 15. 110 CONG. REC. 7356, 88th Cong. 2d 12. 108 CONG. REC. 17654, 87th Cong. Sess. 2d Sess. 16. John W. McCormack (Mass.). 13. John W. McCormack (Mass.). 17. 114 CONG. REC. 30100, 90th Cong. 14. 113 CONG. REC. 31081, 90th Cong. 2d Sess. 1st Sess. 18. John W. McCormack (Mass.).

339 Ch. 5 § 12 DESCHLER’S PRECEDENTS characterized the inquiry as a the Journal to ask whether there proper one, and following a fur- was any way under the rules by ther expression of interest in the which he might at that point be reading by the Member making recognized for one minute. The (2) the inquiry, advised him of the Speaker advised that such recognition might be obtained by total number of pages to be read unanimous consent, and after the and the number already read by Member had made a request to the Clerk. that end without any objection thereto being heard, declared him § 12.17 The reading of the so recognized. Journal may be interrupted by a question of privilege af- Reception of Messages During fecting the House collec- Interruption of Reading tively. § 12.19 A message from the ( ) On Oct. 9, 1968, 19 in declining Senate may be received dur- recognition to a Member who ining an interruption in the terrupted the reading of the Jour- reading of the Journal which nal with a point of personal privi- is occasioned by a point of (20) lege, the Speaker advised that no quorum. a question of personal privilege On Aug. 27, 1962,(3) after the should be made after the Journal reading of the Journal had been had been disposed of but that a interrupted by a point of no- matter of privilege of the House quorum which at the request of was an entirely different situa- the Speaker (4) was then withheld, tion. a message from the Senate was communicated to the Chair. A call § 12.18 A Member, by unani- of the House was then conducted, mous consent, may secure and after proceedings thereunder recognition during the read- had been dispensed with, the ing of the Journal. Clerk continued with the reading ( ) of the Journal at the direction of On Apr. 9, 1964, 1 a Member the Speaker. propounding a parliamentary inquiry interrupted the reading of § 12.20 A message from the President may be received 19. 114 CONG. REC. 30214, 90th Cong. 2d Sess. 2. John W. McCormack (Mass.). 20. John W. McCormack (Mass.). 3. 108 CONG. REC. 17651, 87th Cong. 1. 110 CONG. REC. 7356. 88th Cong. 2d 2d Sess. Sess. 4. John W. McCormack (Mass.).

340 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 12

during an interruption of the nal could not be resumed until reading of the Journal for a further proceedings under the call call of the House. had been dispensed with. (5) On Aug. 27, 1962, following § 12.22 When the reading of the interruption of the reading of the Journal is resumed after the Journal for a call of the having been interrupted, the House, the Speaker (6) received a message from the President prior Clerk continues to read from to ordering the Clerk to resume the point of interruption. the reading of the Journal. On Sept. 19, 1962,(10) a Member interrupted the reading of the Resumption of Reading After Journal to make the point of order Interruption that the Clerk had not resumed the reading of the Journal at the § 12.21 Once the reading of the point where he concluded when Journal has been interrupted interrupted by a call of the House. for a call of the House under The Speaker (11) ordered the Clerk Rule XV,(7) it may not be re- to continue the reading of the sumed even though a Journal from the point of the first quorum has responded to interruption. such call until the House has Again, on Sept. 13, 1965,(12) fol- agreed to dispense with fur- lowing several parliamentary in- ther proceedings thereunder. quires and a demand that the On Oct. 8, 1968,(8) in response Journal be read in full, the read- to a parliamentary inquiry as to ing of the Journal was resumed whether or not the reading of the and continued until again inter- Journal could proceed if a quorum rupted by a Member who sub- was present after a call of the mitted that the Clerk was not House had been made under Rule reading in full the names of those XV clause 2, the Speaker (9) re- who failed to answer the par- plied that the reading of the Jour- ticular roll call being read at the time of the previous interruption. 5. 108 CONG. REC. 17653, 87th Cong. The Speaker pro tempore (13) ad- 2d Sess. 6. John W. McCormack (Mass.). 10. 108 CONG. REC. 19943, 87th Cong. 7. Rule XV clause 2(a), House Rules 2d Sess. and Manual § 768 (1973). 11. John W. McCormack (Mass.). 8. 114 CONG. REC. 30094, 90th Cong. 12. 111 CONG. REC. 23598, 89th Cong. 2d Sess. 1st Sess. 9. John W. McCormack (Mass.). 13. Carl Albert (Okla.).

341 Ch. 5 § 12 DESCHLER’S PRECEDENTS vised that the Clerk took up the Speaker (17) ruled that the motion reading exactly where first inter- was not in order until after the rupted. Journal was read.

Matters Not in Order Until Reading Completed § 13. Effecting Corrections

§ 12.23 A request that the Jefferson’s Manual (18) states Record be corrected is not in that on information of an incor- order during the reading of rect or omitted entry in the Jour- the Journal. nal, a committee may be ap- On June 1, 1934,(14) in response pointed to examine and rectify it, to a Member who interrupted the and report it to the House. How- reading of the Journal with a par- ever, in practice, the correction of liamentary inquiry as to the pro- the Journal is accomplished with- priety of asking at that time that out utilizing such procedure, being done simply either by motion (19) the Record be corrected, the or unanimous consent.(20) The lat- Speaker (15) advised that it would ter method is employed usually, if not be proper at that time. not exclusively, when the Journal § 12.24 The motion to dispense to be corrected is that of a day with Calendar Wednesday prior to the previous legislative (1) business is not in order dur- day. For example, when the ing a reading of the Journal. Journal of a day preceding the previous legislative day fails ( ) On Sept. 19, 1962, 16 before the through oversight to indicate that Clerk had completed his reading the Speaker signed a particular of the Journal, a Member moved enrolled bill,(2) or which shows an that business in order under the incorrect placement of an amend- Calendar Wednesday rule be dis- ment to a bill,(3) it may be cor- pensed with after an objection rected by unanimous consent. was voiced to his request that such business be dispensed with 17. John W. McCormack (Mass.). by unanimous consent. The 18. House Rules and Manua1 § 583 (1973). 14. 78 CONG. REC. 10226, 73d Cong. 2d 19. See, for example, § 13.1, infra. Sess. 20. See, for example, § 13.4, infra. 15. Henry T. Rainey (Ill.). 1. See §§ 13.4 et seq., infra. 16. 108 CONG. REC. 19943, 87th Cong. 2. See § 13.5, infra. 2d Sess. 3. See § 13.7, infra.

342 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 13

The motion to amend the Jour- tion was not in order at that nal takes precedence of the mo- point. tion to approve it,(4) but is not in order before the reading of the § 13.2 A motion to amend the Journal has been completed,(5) Journal is not in order until and will be denied after the pre- the reading thereof has been vious question has been de- completed. manded on the motion to approve (11) the Journal.(6) However, the mo- On Sept. 13, 1965, a Member tion to commit provided for in the rising to a parliamentary inquiry rule for the previous question (7) interrupted the reading of the may be applied to a motion to Journal to ask whether it would amend the Journal.(8) be in order to move to amend the Journal at that time or after completion of the reading of the Jour- ( ) Time for Making Corrections nal. In response, the Speaker 12 stated that the effort of any Mem- § 13.1 A motion to amend the ber to amend the Journal would Journal is not in order prior have to be at the conclusion of the to a reading of the Journal. reading of the Journal. On May 4, 1960,(9) prior to the commencement of the reading of § 13.3 A motion to amend the the Journal, a Member stating a Journal, made after the pre- parliamentary inquiry asked vious question is demanded whether a motion to amend the on a motion to approve, will Journal was in order at that point be denied. or during the reading of the Jour- On June 1, 1934,(13) following nal or at the conclusion of the the reading of the Journal, a reading of the Journal. The Speaker (10) ruled that such a mo- Member moved that the Journal be approved, and on that motion 4. 4 Hinds’ Precedents § 2760; 6 Can- demanded the previous question. non’s Precedents § 633. Another Member then moved to 5. See § 13.2, infra. amend the Journal, making the 6. See § 13.3, infra. point of order that such motion 7. Rule XVII clause 1, House Rules and Manual § 804 (1973). 11. 111 CONG. REC. 23598, 89th Cong. 8. 5 Hinds’ Precedents § 5574. 1st Sess. 9. 106 CONG. REC. 9413, 86th Cong. 2d 12. John W. McCormack (Mass.). Sess. 13. 78 CONG. REC. 10226, 73d Cong. 2d 10. Sam Rayburn (Tex.). Sess.

343 Ch. 5 § 13 DESCHLER’S PRECEDENTS had precedence. The Speaker,(14) June 27, 1966, was corrected by citing an earlier precedent,(15) unanimous consent to show him ruled that a motion to amend the as present and answering to his Journal might not be had after name in response to a roll call the moving of the previous ques- conducted on that date. tion on a motion to approve the § 13.5 Where the Journal of a Journal. The previous question day preceding the previous was then ordered. legislative day fails through Again, on Sept. 13, 1965,(16) oversight to indicate that the after the reading of the Journal Speaker signed a particular had been completed, a Member enrolled bill, it may be cor- moved that it be approved as read rected by unanimous con- and moved the previous question sent. thereon, whereupon another Mem- ( ) ber moved to lay on the table the On June 24, 1968, 19 the Jour- motion to approve and attempted nal of the proceedings of Thurs- to offer an amendment to the day, June 20, having been read (20) Journal. The Speaker (17) ruled and approved, the Speaker announced that although he had that the motion to lay on the table signed a particular enrolled bill (1) was in order, but that the amend- on Wednesday, June 19, through ment was not. accident or oversight that fact was not noted in either the Journal or Method of Effecting Correc- the Record, and that therefore, tions without objection, the Journal and § 13.4 When the Journal erro- Record of June 19 would be neously shows a Member as amended to reflect such action. absent during a roll call, it There was no objection. may be corrected by unani- § 13.6 Where the Journal con- mous consent. tains an error with respect to On June 29, 1966,(18) at the re- an appointment made by the quest of a Member, the Journal of Speaker, it may be corrected by unanimous consent. 14. Henry T. Rainey (Ill.). 15. 4 Hinds’ Precedents § 2770. 19. H. JOUR. 591, 90th Cong. 2d Sess. 16. 111 CONG. REC. 23600, 89th Cong. (1968). 1st Sess. 20. John W. McCormack (Mass.). 17. John W. McCormack (Mass.). 1. H.R. 4566, 90th Cong. 2d Sess. 18. H. JOUR. 655, 89th Cong. 2d Sess. (1968).

344 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 13

On Feb. 4, 1963,(2) the Speak- Precedence of Motion to Amend er,(3) calling attention to an error Journal in Senate in the list of those appointed by him on Jan. 31, 1963, to the § 13.8 In the Senate, a motion Board of Visitors to the U.S. Mili- to amend the Journal made tary Academy, asked unanimous after the reading thereof consent that the Journal and takes precedence of a motion Record be corrected accordingly. to lay a House bill before the There was no objection. Senate and make it the pending business. § 13.7 The Journal may, by (7) unanimous consent, be cor- On July 26, 1962, following a rected to show the proper quorum call conducted imme- place for an adopted amend- diately after the reading of the ment in a bill. Journal, a Senator moved that the Senate turn to the consideration (4) On Aug. 30, 1957, a Member of a certain House bill (8) and that asked unanimous consent that the it be laid down and made the Journal of June 17, 1957, which pending business. Another Sen- erroneously showed a certain ator, however, pointing out that amendment to a reported bill (5) as because of the quorum call there having been adopted following a had been no opportunity to offer particular line therein, be cor- amendments to the Journal, rected to properly reflect the action taken by the House and show raised the point of order that such that such amendment was instead motion was not in order until such adopted as a specific subsection time as amendments to the Jour- and inserted immediately fol- nal had been offered and consider- lowing a different line of the re- ation thereof completed. The pre- ( ) ported bill. There was no response siding officer 9 sustained the to the call of the Speaker pro tem- point of order, noting that under ( ) pore (6) for objections. Senate Rule III 10 any motion to amend or correct the Journal was 2. H. JOUR. 177, 88th Cong. 1st Sess. privileged and to be proceeded (1963). 3. John W. McCormack (Mass.). 7. 108 CONG. REC. 14857, 87th Cong. 4. 103 CONG. REC. 16760, 85th Cong. 2d Sess. 1st Sess. 8. H.R. 11040, 87th Cong. 2d Sess. 5. H.R. 6127, 85th Cong. 1st Sess. (1962). (1957). 9. Lee Metcalf (Mont.). 6. Jere Cooper (Tenn.). 10. Rule III clause 1, Senate Manual.

345 Ch. 5 § 13 DESCHLER’S PRECEDENTS with until disposed of, but that though taking precedence over the there had been no opportunity to motion to approve it, may not be present such a motion because the admitted after the previous ques- Senate found itself without a tion has been demanded on the quorum. motion to approve.(16) It is a long-established rule that the transaction of business, no § 14. Approval matter how highly privileged, is not in order before the approval of In ordinary practice the Journal the Journal.(17) Thus, even a mat- is approved by the House without ter of such high privilege as a re- the formality of a motion,(11) after port from the Committee on Rules the Speaker, in accordance with may not be called up for consider- the applicable House rule,(12) has ation before the Journal has been ( ) examined it and announced that it approved. 18 However, the Jour- meets with his approval. But nal’s approval yields to, and thus when objection is raised to the ap- may be delayed by, the simple mo- (19) proval of the Journal by unani- tion to adjourn, the administra- (20) mous consent, the Speaker may tion of the oath, a point of no (1) immediately put the question quorum, an arraignment of impeachnent,(2) a parliamentary thereon to the House.(13) More- inquiry,(3) and questions of privi- over, even though the Speaker an- lege of the House.(4) And, of nounces his approval of the Jour- course, those matters sanctioned nal, he or the House may order it by unanimous consent prior to or (14) read. And, in this regard, a mo- during the reading of the Journal tion that the Journal be approved are at the same time necessarily as read, in the absence of timely in order before the approval of the objection thereto, may be enter- Journal also.(5) tained and acted upon even though offered before the reading 16. See § 13, supra. of the Journal has been com- 17. See § 12, supra. pleted.(15) On the other hand, the 18. See § 12.2, supra. motion to amend the Journal, al- 19. See § 12.3, supra. 20. See § 12.5, supra. 11. See §§ 14.10, 14.11, infra. 1. See §§ 12.6, 12.13, supra. 12. See § 11, supra. 2. 6 Cannon’s Precedents § 469. 13. See § 14.12, infra. 3. See § 12.15, supra. 14. See § 11, supra. 4. See § 12.17, supra. 15. See §§ 14.4 et seq., infra. 5. See § 12, supra.

346 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 14

It is the uniform practice in the justify a delay in the ap- House to approve the Journal for proval of the Journal which each legislative day.(6) Even when correctly recorded such ac- the House is reconvening after an tion. adjournment to a day certain of (10) several weeks duration, the Jour- On June 7, 1948, a Member nal of the last day of meeting is questioning the accuracy of the taken up for approval.(7) Journal as read reserved the right to object thereto, and pointing out by way of explanation that the Order of Approval of Journals Record for the day in question showed the adoption of only one § 14.1 When the Journals of Senate amendment to a certain more than one session re- House joint resolution (11) when main unread and unap- there were in fact two such proved, they are taken up for amendments to be considered, re- approval and disposed of in quested that the approval of the chronological order. Journal therefore be put off until ( ) On Dec. 9, 1963, 8 following the the next day in order that the prayer by the Chaplain, the Jour- matter might be investigated. nal of the proceedings of Dec. 6, (12) 1963, was read and approved. The The Speaker pro tempore de- Journal of the proceedings of Dec. clared that the Journal as pre- 7, 1963, was then read and, after pared and read stated the true a Member had reserved the right facts and the true record of the to object thereto, eventually ap- situation, and that the Record, proved when the Speaker (9) put which he had examined and found the question thereon to the House. to be in error, could be corrected by unanimous consent to state the Delay in Approval true facts in conformity with the § 14.2 The failure of the Journal. He concluded that in his Record to show an action opinion the Journal should be ap- taken in the House does not proved as read.

6. 4 Hinds’ Precedents § 2731. 10. 94 CONG. REC. 7281, 80th Cong. 2d 7. See § 11.2, supra. Sess. 8. 109 CONG. REC. 23830, 88th Cong. 11. H.J. Res. 296, 80th Cong. 2d Sess. 1st Sess. (1948). 9. John W. McCormack (Mass.). 12. Charles A. Halleck (Ind.).

347 Ch. 5 § 14 DESCHLER’S PRECEDENTS

Motion That Journal Be Ap- On Mar. 26, 1965,(15) after a proved as Read Member had interrupted the reading of the Journal to move that it § 14.3 A motion that the Jour- be approved as read, debate was nal be approved as read had on the motion and the pre- which interrupts the reading vious question was ordered there- thereof is subject to a point on. Thereafter the Speaker,(16) of order when made. noting in response to a parliamen- On Mar. 26, 1965,(13) after a tary inquiry that a point of order Member had interrupted the read- against the motion would at that ing of the Journal to move that it stage come too late, put the ques- be approved as read, debate was tion of approval to the House, and had on the motion and the pre- the motion then being agreed to, vious question was ordered there- the Journal as read was approved on. Then, in responding to a series § 14.5 A point of order against of parliamentary inquiries, the a motion that the Journal be Speaker (14) advised that a point of considered as read and ap- order against the motion at that proved came too late after particular stage would come too there had been debate on the late, but emphasized that he motion and the previous would not want the inference to question had been ordered be drawn that the point could not thereon, notwithstanding be made under other cir- that such motion was made cumstances. before the reading of the Journal was completed. § 14.4 A motion that the Jour- On Mar. 26, 1965,(17) a Member nal be approved as read, in interrupted the reading of the the absence of timely objec- Journal to move that it be ap- tion thereto, may be enter- proved, after which debate was tained by the Speaker and had on the motion and the pre- acted upon by the House, vious question was ordered there- even though offered before on. Thereafter, in responding to a the reading of the Journal has been concluded. 15. 111 CONG. REC. 6095, 89th Cong. 1st Sess. 13. 111 CONG. REC. 6095, 89th Cong. 1st 16. John W. McCormack (Mass.). Sess. 17. 111 CONG. REC. 6095, 89th Cong. 1st 14. John W. McCormack (Mass.). Sess.

348 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 14 series of parliamentary inquiries, not lie against the motion once the Speaker (18) said that the read- the vote on the question of ap- ing of the Journal had not been proval had been taken, because completed, and that a motion had the will of the House would then been made that the Journal be have been expressed. considered as read and approved; he stated that while he would not § 14.7 Whenever the previous want the inference to be drawn question has been ordered that a point of order could not be on a motion to approve the made against the motion under Journal on which there has other circumstances, at that par- been no debate, a Member ticular stage the point of order may demand the right to de- came too late. bate the motion under the rules (1) of the House. § 14.6 A motion that the Jour- On Sept. 13, 1965,(2) a Member nal be approved as read is moved that the Journal be ap- not subject to the point of proved, and without any debate order that the reading of the on such motion, the previous Journal has not been com- question was ordered thereon. The pleted after the vote on the Speaker,(3) in response to a par- question of approval has liamentary inquiry, then ruled been taken. that debate on the motion might On Mar. 26, 1965,(19) after a be had at that time under Rule Member had interrupted the read- XXVII clause 3 if a Member ing of the Journal to move that it claimed the right. be approved, debate was had on the motion and the previous ques- § 14.8 The motion to lay on the tion was then ordered thereon. table is applicable to a mo- Subsequently, in response to a tion that the Journal be ap- number of parliamentary inquir- 1. Rule XXVII clause 3, House Rules (20) ies, the Speaker conceded that and Manual § 907 (1973), providing, the reading of the Journal had not inter alia, that 40 minutes of debate been completed, but said, inter shall be allowed whenever the pre- alia, that a point of order would vious question has been ordered on any proposition on which there has 18. John W. McCormack (Mass.). been no debate. 19. 111 CONG. REC. 6095, 89th Cong. 1st 2. 111 CONG. REC. 23602, 89th Cong. Sess. 1st Sess. 20. John W. McCormack (Mass.). 3. John W. McCormack (Mass.).

349 Ch. 5 § 14 DESCHLER’S PRECEDENTS

proved as read and takes previous question, and following precedence over a prior de- the demand of another Member mand for the previous ques- for the yeas and nays thereon, the tion thereon. yeas and nays were so ordered. On Sept. 13, 1965,(4) after the Clerk had finished the reading of Approval by Unanimous Con- the Journal, a Member made the sent motion that it be approved as read and then moved the previous § 14.10 Under the old rule, question thereon, whereupon an- under which the Journal was other Member moved to table the read, the Journal was cus- motion to approve and offered an tomarily approved as read by amendment to the Journal. The unanimous consent. ( ) Speaker 5 ruled that the amend- On Oct. 18, 1965,(8) after the ment was not in order, but recog- Clerk had read the Journal of the nized a Member to move to table proceedings of the preceding ses- the motion to approve the Jour- sion, the Speaker (9) announced nal. that without objection the Jour- § 14.9 The yeas and nays may nal, as read, would stand ap- be had on ordering the pre- proved. There was no objection. vious question on a motion § 14.11 Under the new rule, the that the Journal be approved Journal is normally ap- as read. proved by the House without ( ) On July 25, 1949, 6 after the the formal putting of a mo- Clerk had finished the reading of tion to approve. the Journal of the previous legis- ( ) lative day, a Member moved that On Feb. 21, 1972, 10 the Speak- ( ) the Journal as read stand ap- er, 11 having announced to the proved, and on that motion moved House his examination and ap- the previous question. The ques- proval of the Journal of the last tion was then stated by the day’s proceedings, declared that, Speaker (7) to be on ordering the without objection, the Journal

4. 111 CONG. REC. 23600, 89th Cong. 8. 111 CONG. REC. 27170, 89th Cong. 1st Sess. 1st Sess. 5. John W. McCormack (Mass.). 9. John W. McCormack (Mass.). 6. 95 CONG. REC. 10092, 81st Cong. 1st 10. 118 CONG. REC. 4748, 92d Cong. 2d Sess. Sess. 7. Sam Rayburn (Tex.). 11. Carl Albert (Okla.).

350 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 14 would stand approved. There was the reception by the Speaker of a no objection. message from the Senate as the transacting of business of the § 14.12 Where objection was House prior to the completion of raised to the approval of the Journal by unanimous con- the reading of the Journal. The (15) sent, the Speaker could im- Speaker stated that it is al- mediately put the question of ways proper to receive a message approval to the House. from the President of the United States, or from the other body, as On Dec. 9, 1963,(12) in response to a Member’s reservation of the quickly as possible. right to object to the Journal as § 14.14 A message from the read for the previous legislative Senate may be received day, the Speaker (13) immediately declared the question to be on the while the motion to approve motion to approve the Journal for the Journal is under debate. that day, and after the motion On Sept. 13, 1965,(16) while the was agreed to announced that the motion to approve the Journal as Journal stood approved. read was under debate, a Member made the point of order that the Reception of Messages Before receipt of a message from the Sen- Approval ate then being communicated to § 14.13 The Speaker may re- the House constituted the ceive a message from the transacting of business of the Senate prior to the approval House prior to the completion of of the Journal. the reading of the Journal. The ( ) On Sept. 13, 1965,(14) while a Speaker 17 replied that it is al- motion to approve the Journal ways proper, as well as courteous, was under debate, a Member ris- to receive a message from the ing to a point of order objected to other body.

12. 109 CONG. REC. 23831, 88th Cong. 15. John W. McCormack (Mass.). 1st Sess. 16. 111 CONG. REC. 23607, 89th Cong. 13. John W. McCormack (Mass.). 1st Sess. 14. 111 CONG. REC. 23604, 89th Cong. 1st Sess. 17. John W. McCormack (Mass.).

351 Ch. 5 § 15 DESCHLER’S PRECEDENTS

C. THE CONGRESSIONAL RECORD § 15. In General; Purpose made by a Member without rec- and Format ognition by the Speaker, and unparliamentary remarks which re- The Congressional Record is flect unfavorably upon the House, ( ) ‘‘substantially a verbatim report of its membership, or institutions. 8 proceedings’’ in the two Houses of Control over the arrangement Congress.(1) While the House and style of the Record is vested Journal (2) is the official record of in the Joint Committee on Print- the proceedings of the House,(3) it ing (9) by statute.(10) The Joint contains only minutes of official Committee on Printing has adopt- actions, and is not a record of de- ed rules to provide for the prompt bate. publication and delivery of the ( ) The statutory provisions and Record. 11 rules which govern the format (4) Each House of Congress sepa- and content (5) are discussed rately controls the content of its below. In addition, it should be noted that although the Record is 8. See § 17, infra. 9. The Joint Committee on Printing is ‘‘substantially a verbatim report,’’ composed of three Members of the the rules of the Joint Committee Senate and three Members of the on Printing and the general prac- House. The House elects its mem- tices of the House permit Mem- bers from the Committee on House bers to extend their remarks so as Administration, and the Chairman of to include matters not spoken on that committee must be one of the the floor,(6) and to edit remarks three selected. House Rules and actually delivered on the floor.(7) Manual § 1001 (1973). The House may also order the de- 10. 44 USC § 901 (1970). See also 44 USC §§ 902–910 (1970) for other letion from the Record of remarks statutory provisions relative to the Congressional Record. 1. 44 USC § 901 (1970). 11. The rules of the Joint Committee on The origin, publication, and dis- Printing are frequently reprinted in tribution of the Record is discussed the daily edition of the Congressional in 5 Hinds’ Precedents § 6959. Record in the section entitled ‘‘Laws 2. See §§ 8–14, supra. and Rules for Publication of the Con- 3. 4 Hinds’ Precedents § 2727. gressional Record,’’ which precedes 4. See §§ 15.1, 15.2, infra. the section entitled ‘‘Daily Digest.’’ 5. See § 16, infra. The individual rules will be consid- 6. See § 20, infra. ered herein as they pertain to the 7. See § 19, infra. subject matter under discussion.

352 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 15 portion of the Record.(12) By House in session. The hardbound perma- rule, the Committee on House Ad- nent edition is generally ready for ministration has jurisdiction over publication and distribution some- ‘‘[m]atter relating to printing and time subsequent to the conclusion correction of the Congressional of a session of Congress. Record.’’ (13) The Record for each day is di- House Rule XXXIV clause 1 (14) vided into four main sections: Pro- provides for the appointment and ceedings of the House; Pro- removal of the official reporters of ceedings of the Senate; Extensions debate, and vests in the Speaker of Remarks; (17) and Daily Digest. the manner of the execution of The Joint Committee on Printing their duties. The reporters of de- has directed the Public Printer to bates have played a significant arrange the contents of the daily role in the evolution by which the edition of the Record so as to al- House has developed a system of ternate the placement in consecu- daily verbatim reports of its pro- tive issues of the House and Sen- ceedings.(15) ate proceedings insofar as such an Congress has statutorily man- arrangement is feasible.(18) The dated that the Record be pub- House and Senate proceedings di- lished in daily form during each rectly precede the ‘‘Extensions of session, and be revised, printed, Remarks’’ section, which is fol- and bound promptly in permanent lowed by the ‘‘Daily Digest.’’ form for distribution during and Congress has directed the Joint after the close of each session of Committee on Printing to provide Congress.(16) Thus a daily edition for the preparation and publica- is published and distributed on tion of an index to the Congres- each working day while Congress sional Record semimonthly while is in session, and a softbound edi- Congress is in session, and a com- tion, known as the ‘‘greenbound’’ plete index to the entire session edition is published and distrib- subsequent to the close of each uted biweekly while Congress is session of Congress.(19) The index consists generally of two main 12. 8 Cannon’s Precedents § 2503. 13. House Rules and Manual § 693 17. See § 20, infra, for a discussion of the (1973). content of the ‘‘Extensions of Re- 14. House Rules and Manual § 923 marks’’ section. (1973). 18. Rule 1 of the Joint Committee on 15. See 5 Hinds’ Precedents § 6959. Printing, effective May 23, 1972. 16. 44 USC § 903 (1970). 19. See 44 USC §§ 901, 902 (1970).

353 Ch. 5 § 15 DESCHLER’S PRECEDENTS parts, an index to proceedings, the House and Senate and their and a history of bills and resolu- committees for the coming week. tions, which is arranged by bill The Joint Committee on Print- and resolution number. ing has specified to the Public As part of the Legislative Reor- Printer the type size and printing ganization Act of 1946,(20) Con- style that is to be used in the pub- ( ) gress adopted the following provi- lication of the Record. 1 Neither sion, which is the statutory au- the Speaker nor the House may thority for the Daily Digest: order changes in the type size or printing style without the ap- The Joint Committee on Printing proval of the Joint Committee on shall provide for printing in the daily Printing.(2) Record the legislative program for the day together with a list of congres- A Member, upon payment of the sional committee meetings and hear- cost, may receive from the Public ings, and the place of meeting and sub- Printer extracts from the Congres- ject matter. It shall cause a brief sional Record for his personal use re´sume´ of congressional activities for and distribution.(3) the previous day to be incorporated in When reprints are to be made of the Record, together with an index of material in the Record by the its contents prepared under the super- Government Printing Office, it is vision of the Secretary of the Senate customary to obtain the approval and the Clerk of the House of Rep- resentatives, respectively. of those Members whose remarks are to be reprinted.(4) The Daily Digest regularly contains the following subsections: Highlights; Senate Chamber Ac- Format Changes tion; Senate Committee Meetings; House Chamber Action; House § 15.1 A unanimous-consent re- Committee Meetings; and Joint quest to change the format of Committee Meetings. A list of House and Senate committee 1. See Rule 2 of the Joint Committee meetings scheduled for the morn- on Printing, effective May 23, 1972. ing of which the Record is pub- 2. See §§ 15.1, 15.2, infra. lished concludes the Daily Digest. 3. 44 USC § 907 (1970). See 44 USC § 908 (1970) for the statutory proce- In addition, the Friday issues con- dure by which the Sergeant at Arms tain a section entitled ‘‘Congres- may deduct the cost of printing the sional Program Ahead’’ which dis- extracts from the salary of a Member cusses the activities scheduled in or Delegate who is delinquent in paying for the extracts. 20. See 44 USC § 905 (1970). 4. See § 15.4, infra.

354 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 15

the Record to permit a com- closed that the request would require a parative print of three change in the usual format of the Record. The Chair is advised by the versions of a legislative en- Parliamentarian that it would be con- actment to be printed in trary to the law with reference to three parallel columns printing of the Record to submit the request. should be submitted subject The Chair would suggest to the gen- to the approval of the Joint tleman from Colorado that he submit Committee on Printing. his request subject to the approval of the Joint Committee on Printing. On Oct. 30, 1939,(5) Mr. Law- rence Lewis, of Colorado, re- Mr. Lewis amended the request to quested unanimous consent that a incorporate the suggestions of the comparative print showing the Speaker, but an objection was raised. Later in the same meeting, Neutrality Act of 1937, together however, a substantially similar with House Joint Resolution request was agreed to by the (6) 306, as passed by the House, House without objection, and the and the same joint resolution as comparative print was inserted in amended and passed by the Sen- the Record.(8) ate, be printed in the Record in three parallel columns. At the time of this request the pro- Type Size ceedings of Congress were being printed in the Record in double parallel columns. The Speaker (7) § 15.2 The Speaker will not en- responded to this request to devi- tertain a unanimous-consent ate from the basic format of the request to permit a letter in- Record as follows: serted in the Record to be THE SPEAKER: The Chair thinks it printed in larger type than proper, in order to conform to the established rules of practice in the House that provided in the regula- with reference to the matter covered by tions of the Joint Committee the request of the gentleman from Col- on Printing. orado, to state to the gentleman that in the conference he had with the Chair this morning relative to this On Feb. 25, 1936,(9) Mr. Joseph matter the information was not dis- P. Monaghan, of Montana, re-

5. 85 CONG. REC. 1059, 76th Cong. 2d 8. 85 CONG. REC. 641 (appendix), 76th Sess. Cong. 2d Sess., Oct. 30, 1939. 6. 76th Cong. 2d Sess. (1939). 9. 80 CONG. REC. 2767, 74th Cong. 2d 7. William B. Bankhead (Ala.). Sess.

355 Ch. 5 § 15 DESCHLER’S PRECEDENTS quested unanimous consent to consent request on that matter, be- have the Record corrected so that cause that is fixed by law. the letter he had previously in- Reporters—Insertion of Ap- serted would be printed in 71⁄2- point type in the permanent plause Record, rather than the type size § 15.3 Demonstrations in the that was specified for such docu- House are not part of the ments in the rules of the Joint Record, and the reporters (10) Committee on Printing. The are instructed not to insert Speaker (11) responded as follows: ‘‘applause’’ or ‘‘loud ap- THE SPEAKER: The Chair will state plause.’’ to the gentleman that letters, no mat- (12) ter by whom they are written, are On Mar. 6, 1945, the Speak- ( ) printed in small type. The gentleman er, 13 in response to a parliamen- from Montana made no request that tary inquiry, stated his reasoning his letter be printed in any other form for instructing the reporters not to of type. That is a matter which rests insert ‘‘applause’’ or ‘‘loud ap- entirely with the Joint Committee on Printing, and that committee has for- plause’’ in the Record where such mulated certain rules, and the Chair demonstrations have occurred on assumes that the Public Printer is fol- the floor of the House: lowing the rules as laid down by the In times past there appeared in the Joint Committee on Printing. What is Record the word ‘‘Applause’’ where a the request of the gentleman? Member spoke. In another place there Mr. MONAGHAN: I ask unanimous was ‘‘Loud applause.’’ In another place consent that the Record be corrected there was ‘‘Loud and prolonged ap- and that this letter be reprinted in plause.’’ In another place there was 1 7 ⁄2-point type, inasmuch as aged peo- ‘‘Loud and prolonged applause, the ple are the ones who will read it. Members rising.’’ If I had made a THE SPEAKER: The Chair does not speech and had received ‘‘applause,’’ think he has a right to even recognize and some Member had followed me im- the gentleman to make a unanimous mediately and had received ‘‘loud and prolonged applause, the Members ris- 10. The current rules of the Joint Com- ing,’’ my opponent in the next primary mittee on Printing still require such might have called attention to how in- documents and ‘‘all matter included significant I was because I only re- in the remarks for speeches of Mem- ceived ‘‘applause’’ and the other Mem- bers of Congress, other than their ber had received ‘‘loud and prolonged own words,’’ to be printed in 61⁄2- applause, the Members rising.’’ point type. See Rule 2 of the Joint Committee on Printing, effective 12. 91 CONG. REC. 1789, 79th Cong. 1st May 23, 1972. Sess. 11. Joseph W. Byrns (Tenn.). 13. Sam Rayburn (Tex.).

356 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 15

The Chair has held that demonstra- On Feb. 28, 1950,(15) Senator tions in the House are not a part of the Harry P. Cain, of Washington, Record, and shall continue to hold that until the rules of the House are read to the Members of the Sen- changed. ate a letter from the Public Print- er to Senator William F. Later in the same discussion,(14) Knowland, of California, dated Mr. Charles L. Gifford, of Massa- Aug. 13, 1946, which explained chusetts, called the attention of the policy of the Joint Committee the House to the fact that in the on Printing and the Public Printer Record of Mar. 1 there appeared concerning the reprinting and dis- an address in which the word ‘‘ap- tribution of materials appearing plause’’ appeared 20 times, and in the Congressional Record. The seemed to be a part of the pro- letter, in relevant portion, is as ceedings of the House. Speaker follows: Rayburn responded as follows: In reply, I am pleased to advise that, The present occupant of the Chair since the Congressional Record is a was not here; and, furthermore, that public document, it is not copyrighted, was a joint session of the two Houses and matter appearing in the Record of Congress. may be reprinted by outside sources without obtaining a clearance from Reprints anyone. As to reprints by the Govern- ment Printing Office, it has long been § 15.4 It is the policy of the the policy of the Joint Committee on Joint Committee on Printing Printing and this Office to ask for the approval of the Member whose re- and the Public Printer to remarks are to be reprinted before request the approval of Mem- printing and distributing the same. bers, whose remarks appear ... in the Record, before those This is purely for the protection of each individual Member, as it not only remarks are reprinted and protects the Members whose remarks distributed pursuant to the are to be reprinted, but it also protects request of another Member. the Member who would order and dis- (A Member requesting a re- tribute the same against charges of abuse of the franking privilege, unau- print sometimes announces thorized use of Federal funds, and so to the House that Members’ forth. remarks on a particular sub- On Mar. 7, 1968,(16) Mr. Daniel ject will be included in a re- J. Flood, of Pennsylvania, made print unless they register objection.) 15. 96 CONG. REC. 2490, 81st Cong. 2d Sess. 14 91 CONG. REC. 1790, 79th Cong. 1st 16. 114 CONG. REC. 5764, 90th Cong. 2d Sess. Sess.

357 Ch. 5 § 15 DESCHLER’S PRECEDENTS the following announcement on in the Record. A list of Members the floor of the House, which illus- filing the oath with the Clerk of trates a procedure by which the the House is then recorded fol- consent of Members, whose re- lowing the text of the oath.(18) marks are to be reprinted, is ob- Occasionally an act of Congress tained: requires a governmental activity Mr. Speaker, with respect to the to report to Congress and specifies 50th anniversary of Ukrainian inde- that ‘‘the Clerk of the House . . . pendence, a private order is being sub- shall cause to be published in the mitted for reprint publication of all statements and other insertions made Congressional Record all reports by Members of the House of Represent- submitted pursuant to this atives prior, during, and after the Jan- law.’’ (19) Where publication of uary 22, 1968, event, which was ob- such reports in the Record is reserved in the House on January 23, quired by statute, the Parliamen- 1968. If there is no objection from any such tarian furnishes a copy of the re- Member, his or her statement or inser- port to the Clerk at the time the tion will be incorporated in the reprint communication is referred to com- brochure, which has been requested by mittee, and the Clerk submits the the Ukrainian Congress Committee of report for printing in the America. Record.(20) The insertion of certain types of § 16. Matters Printed in materials in the Record is prohibited. For example, maps, dia- the Record; Civil Liabil- grams, or illustrations may not be ity 18. An example of the form of entry in Statutory law, House rules, and the Record of the oath and the list- the practices of the House regu- ing of Members subscribing to it may late the content of the House por- be found at 94 CONG. REC. 5750, tion of the Record. In addition, the 80th Cong. 2d Sess., May 12, 1948. House frequently agrees by unani- 19. § 4(b) of Pub. L. No. 85–804, an act mous consent to permit specific to authorize the making, amendment, and modification of contracts items to be inserted in the Record to facilitate the national defense, is which would not ordinarily be in- an example of such a statutory pro- cluded. vision. This act is codified at 50 USC The oath of office subscribed to 1434 (1970). by Members and Delegates is re- 20. For an example of the form of entry quired by statute (17) to be printed in the Record of such reports, see 107 CONG. REC. 4816–18, 87th Cong. 17. 2 USC § 25 (1970). 1st Sess., Mar. 24, 1961.

358 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 16 inserted in the Record without the pairs; (9) and motions (with signa- approval of the Joint Committee tures) to discharge a committee on Printing.(1) from further consideration of a Certain significant matters are bill.(10) printed in the Record under the Certain matters are tradition- House rules. The list includes the ally printed in the Record pursu- following: petitions or memorials ant to the practices of the House. or bills of a private nature; (2) For example, notations of the fol- bills, resolutions and documents lowing occurrences are usually referred to committee under the printed: bills signed by the Speak- rules; (3) amendments to be pro- er subsequent to adjournment sine ( ) tected for debate time under the die, by title; 11 bills ‘‘pocket ve- five-minute rule; (4) the filing of toed’’ by the President during ad- committee reports; (5) committee journment to a day certain, and (12) expenditures; (6) conference reports supporting memoranda; deliv- and accompanying statements; (7) ery of bills and joint resolutions to messages received from the Sen- the President by the Committee on Enrolled Bills; (13) the delivery ate and President of the United of bills to the White House en- States, giving notice of bills dorsed ‘‘held for presentation to passed or approved; (8) voting the President upon his return to (14) 1. 44 USC § 904 (1970). the United States,’’ or ‘‘deliv- 2. Rule XXII clause 1, House Rules and ered to the White House for for- Manual § 849 (1973). warding to the President’’ by the 3. Rule XXII clause 4, House Rules and Committee on House Administra- Manual § 854 (1973). tion; (15) reference by the Speaker When a bill or resolution is introduced by request, that fact is noted 9. Rule VIII clause 2, House Rules and in the Record. Rule XXII clause 6, Manual § 660 (1973). House Rules and Manual § 860 10. Rule XXVII clause 4, House Rules (1973). and Manual § 908 (1973). 4. Rule XXIII clause 6, House Rules 11. 88 CONG. REC. 9620, 77th Cong. 2d and Manual § 874 (1973). Sess., Dec. 26, 1942. 5. Rule XIII clause 2, House Rules and 12. 89 CONG. REC. 755, 78th Cong. 1st Manual § 743 (1973). Sess., July 19, 1943. 6. House Rules and Manual § 738 13. 89 CONG. REC. 10539, 78th Cong. 1st (1973). Sess., Dec. 9, 1943. 7. Rule XXVIII clause 2(a), House Rules 14. 105 CONG. REC. 17637, 86th Cong. and Manual § 912 (1973). 1st Sess., Sept. 1, 1959. 8 Rule XXXIX House Rules and Man- 15. 109 CONG. REC. 11792, 88th Cong. ual § 935 (1973). 1st Sess., June 26, 1963.

359 Ch. 5 § 16 DESCHLER’S PRECEDENTS of House bills with Senate amend- Speaker’s analysis of a session of ments to committee; (16) reference Congress and the accomplish- to more than one committee of ex- ments of the House.(2) ecutive communications; (17) ap- The protection afforded matters pointment by the Speaker of printed in the Record by the Members to a commission subse- Speech or Debate Clause of the quent to adjournment; (18) and Constitution (3) has been the sub- submission of the report of the ject of several court decisions. In Board of Visitors, U.S. Coast Hentoff v Ichord,(4) the United Guard Academy.(19) States District Court for the Dis- The House frequently agrees by trict of Columbia enjoined the unanimous consent to permit the publication or distribution of a insertion in the Record of mate- congressional committee report by rials at the request of Members. the Public Printer because it was The occasions are so numerous held to be without any proper leg- and the types of materials so var- islative purpose and an infringe- ied, that the following insertions ment upon first amendment serve only as examples: a commu- rights. The court, however, stated nication from the Chamber of that publication in the Congres- Deputies, Peru, expressing condo- sional Record of the report could lences on the Alaskan earth- not be enjoined, because of the quake; (20) rules and regulations protection afforded by the Speech governing the use of the House of- or Debate Clause. A more exten- fice buildings,’ the House garages, sive discussion of this subject is and the Capitol power plant, found elsewhere in this work.(5) adopted by the House Office The Speech or Debate Clause ( ) Building Commission; 1 and the does not immunize a Member from a civil libel action for the re- 16. 97 CONG. REC. 8987, 82d Cong. 1st Sess., July 30, 1951. printing and distribution of alleg- 17. 106 CONG. REC. 10625, 86th Cong. edly libelous statements which 2d Sess., May 18, 1960. have appeared in the Record. In ( ) 18. 97 CONG. REC. 13783, 82d Cong. 1st Long v Ansell, 6 the Supreme Sess., Oct. 31, 1951. 19. 109 CONG. REC. 13639, 88th Cong. 2. 109 CONG. REC. 25556, 88th Cong. 1st Sess., July 30, 1963. 1st Sess., Dec. 24, 1963. 20. 110 CONG. REC. 7962, 88th Cong. 2d 3. U.S. Const. art. I, § 6. Sess., Apr. 15, 1964. 4. 318 F Supp 1175 (D.D.C. 1970). 1. 111 CONG. REC. 23926, 89th Cong. 5. See Ch. 7, infra. 1st Sess., Sept. 15, 1965. 6. 293 U.S. 76 (1934).

360 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 16

Court stated this proposition in On Apr. 2, 1962,(11) the House, dictum. In McGovern v Martz,(7) while considering a bill to revise the United States District Court and codify the general and perma- for the District of Columbia held nent laws relating to the Canal that remarks made on the floor Zone,(12) agreed by unanimous and published in the Record were consent to permit the insertion of absolutely privileged, and ap- a statement in the Record explain- proved the dictum in Long v ing the bill in lieu of printing the Ansell to the effect that such ( ) privilege would not extend to the entire bill. 13 republication and distribution by a Member of remarks he had § 16.2 Upon the rejection by made on the floor of the House. the House of an amendment in the nature of a substitute that the Committee of the Bills Whole had reported to the House in place of the bill as § 16.1 The House, in the inter- reported by a committee, the est of economy, occasionally text of the original bill was agrees by unanimous consent printed in the Record. to dispense with the printing On Dec. 16, 1970,(14) a bill to in the Record of the text of amend the Food Stamp Act of an especially lengthy bill. 1964,(15) as reported with standing On June 17, 1963,(8) the House committee amendments, was was considering a bill to enact being considered in the Com- part II of the District of Columbia mittee of the Whole. The Com- Code, entitled ‘‘Judiciary and Ju- mittee of the Whole agreed to and dicial Procedure.’’ (9) In view of the high cost of printing such a 11. 108 CONG. REC. 5531, 87th Cong. 2d lengthy bill, the House agreed by Sess. unanimous consent to dispense 12. H.R. 10931, 87th Cong. 2d Sess. with the printing of the text of the (1962). bill in the Record.(10) 13. For additional illustrations of this precedent, see 111 CONG. REC. 8375, 7. 182 F Supp 343 (D.D.C. 1960). 89th Cong. 1st Sess., Apr. 26, 1965; 8. 109 CONG. REC. 10910, 88th Cong. 109 CONG. REC. 18044, 88th Cong. 1st Sess. 1st Sess., Sept. 25, 1963. 9. H.R. 4157, 88th Cong. 1st Sess. 14. 116 CONG. REC. 41981, 91st Cong. 2d (1963). Sess. 10. 109 CONG. REC. 10911, 88th Cong. 15. H.R. 18582, 91st Cong. 2d Sess. 1st Sess., June 17, 1963. (1970).

361 Ch. 5 § 16 DESCHLER’S PRECEDENTS reported to the House an amend- Speaker (1) then put the question ment in the nature of a sub- of the engrossment and third stitute, as amended.(16) The reading of the bill to the House. House, by a roll call vote, then re- At this point the full text of the jected the amendment in the na- bill, as amended, was printed in ture of a substitute, as amend- the Record.(2) ( ) ed. 17 After the bill was ordered to Parliamentarian’s Note: The be engrossed and read a third adoption of a motion to recommit time, the text of the original bill with instructions does not ordi- (18) was printed in the Record. narily require the printing of the § 16.3 After a bill was reported complete text of the bill, as back to the House by a amended, in the Record. The third standing committee with an reading of the bill is by title, and amendment, in accordance usually this is so indicated in the Record. In this instance, due to with a motion to recommit the widespread public interest in with instructions, the entire the bill, the Speaker requested text of the bill, as amended, that the bill be printed in full, as was printed in the Record, amended, in the Record. instead of the usual notation of the third reading of the § 16.4 The text of a House bill by title. amendment to a Senate bill On Apr. 16, 1970,(19) the House, was, by unanimous consent, while considering the Family As- ordered printed in the sistance Act of 1970,(20) adopted a Record on the following leg- motion to recommit with instruc- islative day rather than at tions to report the bill back with the point in the proceedings specific amendments forthwith. at which it was adopted. The committee reported back the Parliamentarian’s Note: On bill as instructed, the House agreed to the amendment, and the Mar. 19, 1970, the House discharged the Committee on the 16. 116 CONG. REC. 42032, 91st Cong. 2d District of Columbia from further Sess., Dec. 16, 1970. consideration of the Senate bill for 17. Id. at p. 42033. District of Columbia court reorga- 18. Id. nization and criminal law re- 19. 116 CONG. REC. 12092, 91st Cong. 2d Sess. 1. John W. McCormack (Mass.). 20. H.R. 16311, 91st Cong. 2d Sess. 2. 116 CONG. REC. 12093, 91st Cong. 2d (1970). Sess., Apr. 16, 1970.

362 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 16 form,(3) and substituted an On Apr. 30, 1935,(7) the fol- amendment containing the text of lowing discussion occurred con- a bill which had already passed cerning the propriety of repeated the House.(4) Because of the insertions in the Record by a length of the bill and the lateness Member of petitions covering sub- of the hour on Mar. 19, the House ject matter that had been dealt expressed unanimous consent that with legislatively by the House in the text and the amendment be the current session: printed in the Record for the next MR. [THOMAS L.] BLANTON [of legislative day, Monday, Mar. 23, Texas]: Mr. Speaker, the inquiry I in order not to delay the printing wish to direct to the Chair is whether of the Record for Mar. 19.(5) The the Committee on Printing cannot con- Government Printing Office, how- trol the matter of inserting such peti- ever, misinterpreted this request tions in the Record, after a measure passes, when it is clearly apparent the and deferred the printing of the petitions can accomplish no useful pur- entire proceedings surrounding pose? the adoption of the amendment to THE SPEAKER: (8) The gentleman un- Mar. 23, as well as the text of the derstands that the Chair has no right amendment itself.(6) to judge . . . the sufficiency or propriety of petitions Members may insert Petitions in the Record; nor, in the opinion of the Chair, does the Committee on § 16.5 Neither the Speaker nor Printing have any jurisdiction in the the Committee on Printing matter. Appeal must be made to the individual Member concerned. has jurisdiction over the MR. BLANTON: And control is not manner of printing of peti- within the jurisdiction of the Com- tions of Members in the mittee on Printing. Record under clause 1 of THE SPEAKER: No; the Chair just Rule XXII; appeal must be stated that the Committee on Printing made to the individual Mem- does not have jurisdiction. ber concerned. Paragraph 1, rule XXII, provides as follows: 3. S. 2601, 91st Cong. 2d Sess. (1970). Members having petitions or me- 4. H.R. 16196, 91st Cong. 2d Sess. morials or bills of a private nature to present may deliver them to the (1970). Clerk, endorsing their names and 5. 116 CONG. REC. 8221, 91st Cong. 2d the reference or disposition to be Sess., Mar. 19, 1970. 6. See 116 CONG. REC. 8495–8550, 91st 7. 79 CONG. REC. 6631, 74th Cong. 1st Cong. 2d Sess., Mar. 23, 1970, for Sess. the entire proceedings. 8. Joseph W. Byrns (Tenn.).

363 Ch. 5 § 16 DESCHLER’S PRECEDENTS

made thereof; and said petitions and them. The House, of course, could con- memorials and bills of a private na- trol the matter. ture, except such as, in the judgment of the Speaker, are of an obscene or insulting character, shall be entered Committee Reports on the Journal, with the names of the Members presenting them, and § 16.6 The Public Printer re- the Clerk shall furnish a transcript of such entry to the official reporters fused to print in the Record of debates for publication in the the text of a congressional Record. committee report that had al- After further debate, the Speaker ready been printed in pam- stated: phlet form, citing a ruling by The Chair may say to the gentleman the Joint Committee on from Texas that as a matter of practice Printing that prohibits such there is not the slightest objection to a duplication of printing. Member lumping all of the petitions to- On Mar. 29, 1949,(9) Mr. John gether. Then they would be in the Record. But this is up to the Member. E. Rankin, of Mississippi, stated MR. [JOHN J.] O’CONNOR [of New that on the preceding day he had York]: Mr. Speaker, the situation, as I asked and received the unanimous understand it, is this, and I have consent of the House to extend his talked to the members of the Printing remarks in the Record and to in- Committee: A member files petitions at clude a report on spies issued by the desk. On the same day he may file the Committee on Un-American 100 or 200 of them, reading, ‘‘The petitioner, John Jones, and others.’’ Each Activities. Mr. Rankin further one of those petitions is referred to in stated that he had been informed the Appendix. I think the desk itself at by the Government Printing Of- the close of the day might lump to- fice that the report would not be gether the petitions of each Member as printed in the Record, because to to the same subject. There would then do so would violate a ruling by the be only one reference in the Appendix Joint Committee on Printing that or in the Record, instead of sometimes 10 pages. I do not see why it cannot be prohibits the printing of com- done mechanically by the Clerk. mittee reports in the Record that THE SPEAKER: Under the rules no have previously been printed in one at the desk has authority to lump pamphlet form.(10) the petitions together. It is a matter either for the House, under the rule 9. 95 CONG. REC. 3396, 81st Cong. 1st which has just been read, or else an Sess. appeal must be made to the individual 10. This rule, which applies to com- Member. No one at the desk has au- mittee and subcommittee reports but thority to combine them without the not to conference reports, is rule 9 of consent of the Member who introduces the rules adopted by the Joint Com-

364 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 16

§ 16.7 The House agreed by agreed to the request without ob- unanimous consent to permit jection. the printing of a committee activity report in both pam- Conference Reports phlet form and in the Con- § 16.8 The consideration of gressional Record notwith- conference reports is privi- standing the rule of the Joint leged business, and the call- Committee on Printing that ing up of such a report does prohibits the printing of not require unanimous con- committee reports in both sent after the report has forms. been printed in the Record. On Sept. 1, 1960,(11) the House On Sept. 2, 1959,(13) the House agreed by unanimous consent to was considering a conference re- permit the printing of an activity port on a bill relating to the power report of the Committee on Inter- of the states to impose net income state and Foreign Commerce in taxes on income derived from the Record. Immediately there- interstate commerce and estab- after Mr. Oren Harris, of Arkan- lishing a Commission on State sas, requested unanimous consent Taxation of Interstate Commerce that the same report be printed in and Interstate and Inter-govern- pamphlet form for distribution mental Taxation Problems.(14) notwithstanding the rule of the After Mr. Wright Patman, of Joint Committee on Printing that Texas, reserved the right to object prohibits committee reports to be to a request that the statement of printed in both pamphlet form the managers of the bill be read in (12) and in the Record. The House lieu of the report, the following mittee on Printing, effective May 23, discussion occurred: 1972. MR. PATMAN: If I do not object to the 11. 106 CONG. REC. 19139, 86th Cong. reading, that does not foreclose me 2d Sess. from objecting to the consideration of 12. This rule is often reprinted in the the conference report? daily edition of the Congressional Record in the section entitled ‘‘Laws that are reprinted in the daily edi- and Rules for Publication of the Con- tion of the Congressional Record for gressional Record’’, which imme- Thursday, Apr. 19, 1973. diately precedes the section entitled 13. 105 CONG. REC. 17769, 86th Cong. ‘‘Daily Digest’’. See for example rule 1st Sess. 9 of the rules of the Joint Committee 14. H.R. 2524, 86th Cong. 1st Sess. on Printing, effective May 23, 1972, (1959).

365 Ch. 5 § 16 DESCHLER’S PRECEDENTS

THE SPEAKER: (15) This is a privileged the conference report was not matter. No objection lies. printed at the time it was filed. MR. PATMAN: No objection lies on On Thursday, May 14,(18) the con- this? The Speaker is talking about the reading? ference report was called up as a THE SPEAKER: The Chair is talking privileged matter, and no objec- about the conference report, which is a tion was made to the fact that it privileged matter. had not been printed in the MR. PATMAN: And one objection Record as required by House Rule would not lie to it? XXVIII clause 2.(19) THE SPEAKER: No objection would. § 16.9 A conference report was § 16.10 The House has agreed called up as a privileged mat- by unanimous consent to ter even though it had not order the printing of a con- been printed in the Record ference report in the Record because the House had not for a day in which the House been in session the previous was not in session. day when the report was On Aug. 3, 1961,(20) the House filed. agreed, by unanimous consent, to On Tuesday, May 12, 1959,(16) permit the managers on the part the House agreed by unanimous of the House to have until mid- consent to give the conferees on a 18. 105 CONG. REC. 8167, 86th Cong. 1st bill making supplemental appro- Sess. priations for the fiscal year ending 19. House Rules and Manual § 912 ( ) June 30, 1959, 17 until midnight (1973). At the time of the consider- Wednesday, May 13, to file a con- ation of this conference report the ference report on the disagreeing controlling House rule required only of votes of the two Houses on the that a conference report be printed Senate amendments to the bill. in the Record prior to its consider- The House adjourned from Tues- ation by the House. 5 Hinds’ Prece- dents § 6516. The provision in Rule day, May 12 until Thursday, May XXVIII clause 2(a), which requires 14. Since there were no House the conference report to be printed in proceedings to be printed in the the Record three days before being Record for Wednesday, May 13, considered by the House, was added by the Legislative Reorganization 15. Sam Rayburn (Tex.). Act of 1970, section 125(p), and 16. 105 CONG. REC. 8006. 86th Cong. 1st made part of the rules in 1971. H. Sess. Res. 5, 92d Cong. 1st Sess. (1971). 17. H.R. 5916, 86th Cong. 1st Sess. 20. 107 CONG. REC. 14544, 87th Cong. (1959). 1st Sess.

366 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 16 night the following day, Friday, conference report notwith- Aug. 4, to file a conference report standing the fact that it had on a bill,(1) and to order the report not been printed in the to be printed in the Record for Record as required by the Aug. 4, notwithstanding the fact House rules. that the House would not be in On July 14, 1970,(4) the House session. On Friday, Aug. 4, the agreed to the following unani- conference report was printed in mous-consent request: the daily edition of the Record under the heading ‘‘House of Rep- MR. [CARL] ALBERT [of Oklahoma]: resentatives,’’ which immediately Mr. Speaker, I ask unanimous consent that it shall be in order on tomorrow, followed the Senate proceedings. Wednesday, July 15, to consider the In the bound edition of the Record conference report on the bill S. 2601, for Friday, Aug. 4,(2) however, the District of Columbia Court Reform there appears under the heading and Criminal Procedure Act of 1970, ‘‘House of Representatives’’ only a notwithstanding rule 28, clause 2. notation indicating that the con- Mr. Speaker, I make this request be- ference report had been submitted cause of the high cost of printing the voluminous conference report in the on that date. The full text of the Congressional Record. I am informed report does not appear until it that it might cover as many as 160 was Considered by the House on pages of the Record. I can assure the Aug. 7, 1961.(3) Members that printed copies of the report, in pamphlet form, will be avail- § 16.11 The House, by unani- able for their consideration before this mous consent, has provided report is called up. for the consideration of a On several occasions the House has agreed, by unanimous con- 1. H.R. 7445, 87th Cong. 1st Sess. sent, that it shall be in order dur- (1961). ing the week to consider any con- 2. 107 CONG. REC. 14727, 87th Cong. (5) 1st Sess. ference report at any time. The 3. 107 CONG. REC. 14757–59, 87th House has also agreed, by unani- Cong. 1st Sess. For other occasions mous consent, to permit a con- on which the House has ordered a ference report to be considered on conference report to be printed in the Record for a day that the House was 4. 116 CONG. REC. 24030, 91st Cong. 2d not in session, see, e.g., 108 CONG. Sess. REC. 14841, 87th Cong. 2d Sess., 5. 100 CONG. REC. 14670, 83d Cong. 2d July 26, 1962; 107 CONG. REC. Sess., Aug. 16, 1954; 94 CONG. REC. 18642, 87th Cong. 1st Sess., Sept. 7, 10258, 80th Cong. 1st Sess., July 25, 1961. 1947.

367 Ch. 5 § 16 DESCHLER’S PRECEDENTS the same day it was filed, even Texas (Mr. Patman) and the gen- though it had not been printed in tleman from New Jersey (Mr. Cahill), (6) and that it appear in the Record prior the Record. to the adoption of the conference report. § 16.12 The House agreed by unanimous consent to permit The House agreed to the re- ( ) 40 minutes of debate on a quest. 10 conference report subse- Presidential Messages quent to its adoption, and to have the text of the debate § 16.13 A designated Speaker inserted in the Record pre- pro tempore may refer a ceding the adoption of the Presidential message and report. order it printed in the On May 22, 1968,(7) the House Record only with the unani- agreed, without debate, to the mous consent of the House. (8) conference report on the Con- On Oct. 9, 1969,(11) the Speaker (9) sumer Credit Protection Act. pro tempore (12) laid before the Subsequent to the adoption of the House the Second Annual Report report, Mr. Carl Albert, of Okla- of the National Advisory Com- homa, made the following unani- mittee on Adult Basic Education, mous-consent request: a message from the President of Mr. Speaker, I ask unanimous con- the United States.(13) The message sent that 40 minutes of debate may be was, without objection, referred by had on this matter, to be equally di- the Speaker pro tempore to the vided between the gentleman from Committee on Education and

6. 108 CONG. REC. 19258, 87th Cong. Labor and ordered to be printed 2d Sess., Sept. 12, 1962. Although in the Record. the conference report had not previously been printed in the daily edi- Change of Vote tion of the Record, it does appear in the permanent edition immediately § 16.14. The change of a vote preceding the consideration of the re- by a Member after the con- port by the House. Id. at p. 19278. Conference reports generally, see 10. 114 CONG. REC. 14405, 90th Cong. Ch. 33, infra. 2d Sess., May 22, 1968. 7. 114 CONG. REC. 14396, 90th Cong. 11. 115 CONG. REC. 29347, 91st Cong. 2d Sess. 1st Sess. 8. H. REPT. No. 1397, 90th Cong. 2d 12. Richard Bolling (Mo.). Sess. (1968). 13. H. Doc. No. 176, 91st Cong. 1st Sess. 9. S. 5, 90th Cong. 2d Sess. (1968). (1969).

368 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17

clusion of a roll call and be- cerning a foreign assistance ap- fore the announcement of propriation bill.(18) The changes the result is noted in the were noted in the Record, imme- Record. diately following the announcement of pairs, as follows: On Mar. 16, 1934,(14) the following exchange occurred relating Mr. Davis of Georgia, Mr. Bow, Mrs. Reid of Illinois, Mr. Minshall, and Mr. to a parliamentary inquiry Kuykendall changed their votes from MR. [JOHN J.] O’CONNOR [of New ‘‘nay’’ to ‘‘yea.’’ York]: As I understand it, the practice Mr. McCarthy, Mr. Scheuer, Mr. has been for some time that when a Culver, and Mr. Tiernan changed their Member changes his vote from ‘‘no’’ to votes from ‘‘yea’’ to ‘‘nay.’’ ‘‘aye’’ or from ‘‘aye’’ to ‘‘no’’ there is Mr. Scheuer changes his vote from nothing in the Record to show it. The ‘‘nay’’ to ‘‘yea.’’ reporters do not take it down. I make the point of order at this time that every word that is uttered in this House should appear in the Con- § 17. Deletion of Unparlia- gressional Record, and I make the mentary Remarks point of order that when a Member changes his vote, as was done 2 days ago, when 40 or 50 Members on the Although the Congressional majority and minority sides changed Record is ‘‘substantially a ver- ( ) their votes, that change should appear batim report of proceedings,’’ 19 in the Congressional Record. the House frequently excludes THE SPEAKER: (15) The gentleman from the Record remarks made from New York is correct as to the out of order or unparliamentary practice that has prevailed heretofore. remarks which reflect unfavorably The Chair thinks that if a Member changes his vote it ought to appear in upon the House, its committees, the Record, and hereafter the reporters or individual Members. Remarks will see that all Members who change made on the floor by a Member their votes are reported in the Con- after he has been called to order, gressional Record. without recognition by the Chair, On Dec. 20, 1969,(16) several or without the consent of the Members changed their vote on Member occupying the floor, are the conference report (17) con- frequently deleted from the Record by the House, the Speaker, 14. 78 CONG. REC. 4691, 73d Cong. 2d or the Member in revising his re- Sess. marks.(20) 15. Henry T. Rainey (Ill.). 16. 115 CONG. REC. 40456, 91st Cong. 18. H.R. 15149, 91st Cong. 1st Sess. 1st Sess. (1969) 17. H. REPT. No. 779, 91st Cong. 1st 19. 44 USC § 901 (1970). Sess. (1969). 20. See §§ 17.7–17.10, infra.

369 Ch. 5 § 17 DESCHLER’S PRECEDENTS

A Member occasionally makes a from the Record, without awaiting remark in the heat of debate action by the House.(4) which reflects unfavorably upon A Member may also challenge the House, its membership, or its unparliamentary remarks that committees, and which he imme- were not deleted from the report- diately regrets. In such instances er’s notes prior to publication of the Member who has spoken the the daily edition of the Record. words may request the unanimous The usual procedure is similar to consent of the House that they be the procedure employed in chal- deleted from the Record or such lenging remarks that were in- request may be made by another serted in the Record under leave Member. The House frequently to extend. In such instances a agrees to these requests made in Member is recognized on a ques- the spirit of apology.(1) tion of privilege.(5) During floor debate a Member will sometimes demand that words spoken by another Member be taken down. The Speaker (2) Procedure; Deletion or then determines whether the Expungement Generally words spoken in debate reflect un- § 17.1 The insertion in the favorably upon the House, its Record of unparliamentary membership or institutions. If the remarks is sufficient to raise Speaker rules the words unparlia- a question of the privilege of mentary, a Member frequently the House. makes a motion or introduces a resolution to delete the unparlia- On Sept. 5, 1940,(6) Mr. Clare E. mentary remarks from the Hoffman, of Michigan, was recog- Record.(3) Occasionally the Speak- nized on a question of the privi- er will immediately order the un- lege of the House, and offered a parliamentary remarks deleted resolution (7) to expunge from the daily edition of the Record for the Disorder in debate generally, see Ch. 29, infra. 4. See §§ 17.21, 17.22, infra. 1. See §§ 17.11, 17.12, infra. 5. See § 17.19, infra. 2. If the words are taken down in the For a general discussion of ques- Committee of the Whole they must tions of privilege, see Ch. 11, infra. be reported to the House for a deci- 6. 86 CONG. REC. 11552, 76th Cong. 3d sion by the Speaker. See § 17.17, Sess. infra. 7. H. Res. 591, 76th Cong. 3d Sess. 3. See § 17.13, infra. (1940).

370 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17 previous day words spoken on the Mr. Rankin then made a motion floor of the House by Mr. Beverly to delete the remarks of Mr. M. Vincent, of Kentucky, which Sabath from the permanent impugned the patriotism of Mr. Record. The House rejected the Martin L. Sweeney, of Ohio. The motion for the previous question House agreed to the resolution. on Mr. Rankin’s motion, but the House agreed to a unanimous-con- § 17.2 The Speaker held that sent request by Mr. Sabath that the question of whether an the remarks referring to the Com- allegedly unparliamentary mittee on Un-American Activities remark inserted in the be deleted from the Record. Mr. Record under leave to extend Rankin then withdrew his motion. violated the privileges granted the Member who made § 17.3 The action of the House the insertion was not subject in ordering the entire speech to a point of order, but was a of a Member and the pro- question for the House. ceedings under a call to On Feb. 27, 1946,(8) Mr. John E. order expunged from a per- Rankin, of Mississippi, made a manent Record does not give point of order alleging that Mr. rise to a question of personal Adolph J. Sabath, of Illinois, had privilege or privilege of the inserted in the Record an attack House; the proper method of on the Committee on Un-Amer- reopening the matter is by a ican Activities.(9) The Speaker (10) motion to reconsider the responded as follows: vote whereby such action The Chair thinks the remedy of the was taken. gentleman from Mississippi is not a (11) point of order. This is an extension of On Feb. 13, 1941, Mr. Clare remarks and whether or not it violated E. Hoffman, of Michigan, rose to the privileges granted the gentleman state a question of personal privi- from Illinois [Mr. Sabath] would be a lege and privilege of the House. question for the House to pass on, not He offered a resolution stating the Chair. that on Feb. 11, Mr. Samuel 8. 92 CONG. REC. 1725, 79th Cong. 2d Dickstein, of New York, had, dur- Sess. ing the course of his remarks on 9. Mr. Sabath had referred to the Com- the House floor, impugned the in- mittee on Un-American Activities as tegrity of a committee of the ‘‘the House Un-American Com- mittee.’’ 11. 87 CONG. REC. 979. 77th Cong. 1st 10. Sam Rayburn (Tex.). Sess.

371 Ch. 5 § 17 DESCHLER’S PRECEDENTS

House. Mr. Hoffman had inter- tion that the omission of the pro- rupted Mr. Dickstein’s remarks ceedings referred to violates the with a point of order that such re- First Amendment freedom of marks were out of order and in speech and of the press, the violation of the Constitution. The Speaker stated that the Constitu- (12) tion also gives the House the au- Speaker refused to rule the thority to establish rules for its words out of order and permitted own procedure. After Mr. Hoffman Mr. Dickstein to continue speak- further argued in support of the ing. A few moments later Mr. question of the privilege of the Dickstein’s remarks were again House which he had raised, the interrupted, this time by Mr. John Speaker responded as follows: E. Rankin, of Mississippi, who de- The House would have to decide manded that the words be taken that, and, in the opinion of the Chair, down. The words were taken the House did decide the matter when it expunged the remarks from the down, and Mr. Rankin moved ‘‘to Record. The Chair thinks, under the expunge the entire speech of the circumstances, that the proper way to gentleman from New York [Mr. reopen the question would be by a motion to reconsider the vote whereby the Dickstein] from the Record.’’ The motion of the gentleman from Mis- House agreed to the motion, and sissippi [Mr. Rankin] was adopted. The the Record of the House pro- Chair is of the opinion that inasmuch as the question raised by the gen- ceedings for Feb. 11 did not con- tleman from Michigan was decided by tain either the remarks of Mr. a vote of the House on a proper mo- Dickstein or the proceedings by tion, that he does not now present a question of privilege of the House or of which the words were taken personal privilege. down. Mr. Hoffman stated in his resolution that the deletion of the § 17.4 The Speaker declined to entire proceedings from the rule on a question of per- Record raised a question of personal privilege arising from sonal privilege and privilege of the the insertion in the Record House, and requested that the of allegedly unparliamentary permanent edition for Feb. 11 be remarks because the tran- corrected so as to include a por- script of the insertion had tion of Mr. Dickstein’s remarks not been submitted for the and the entire proceedings by inspection of the Chair. which his words were taken down. On Apr. 7, 1943,(13) Mr. Eman- In response to Mr. Hoffman’s uel Celler, of New York, was rec- argument in support of the resolu- 13. 89 CONG. REC. 3065, 78th Cong. 1st 12. Sam Rayburn (Tex.). Sess.

372 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17 ognized on a question of personal support of his question of privilege privilege. He stated that several remarks made on the floor of the days earlier a Member had in- Senate by a Member of that body serted in the Record remarks on Jan. 17, 1939, which were which reflected upon his integrity, highly critical of a statement he and requested an opportunity to had previously made in the respond to that charge. The House. Mr. John E. Rankin, of Speaker (14) requested that the Mississippi, then made the fol- original transcript of the remarks lowing point of order: be submitted for his inspection. Mr. Speaker, I make the point of Mr. Celler replied that he did not order that the statement that the gen- have a copy of the transcript in tleman from Michigan is making does his possession at that time, and not in any way constitute a question of high constitutional privilege. . . . asked the permission of the Chair [T]he statement made in the Senate to proceed nevertheless. With re- was months and months ago. It has spect to the question of personal been in the Congressional Record all privilege, the Speaker stated as this time, and the gentleman from follows: Michigan knew it. Now he is guilty of what is called laches in our courts. He The Chair is not going to rule on this is not entitled to rise to the question of question without seeing the original high constitutional privilege at this transcript and it is not here. If there is time in order to use it to filibuster no objection, the gentleman may pro- against the bill before the House. I ceed for 10 minutes. make the point of order that the gentleman is not entitled to rise to a ques- § 17.5 The Speaker ruled that a tion of high constitutional privilege. delay of several months did The Speaker, William B. not preclude a Member from Bankhead, of Alabama, ruled being recognized on a ques- against Mr. Rankin’s point of tion of personal privilege order, and recognized Mr. Hoff- concerning remarks appear- man on the question of personal ing in the Record. privilege. On June 30, 1939,(15) Mr. Clare E. Hoffman, of Michigan, re- Remarks Made Out of Order quested recognition on a question § 17.6 The Chair may direct of personal privilege. He cited in the exclusion or deletion, 14. Sam Rayburn (Tex.). from the Record, of words 15. 84 CONG. REC. 8468, 76th Cong. 1st held to be out of order. (See Sess. § 17.21, infra.) 373 Ch. 5 § 17 DESCHLER’S PRECEDENTS

§ 17.7 Remarks made by a other gentleman who interjects re- Member on the floor of the marks into the Record after he has been called to order by the Chair upon House after he has been a demand for the regular order, are not called to order by the Chair entitled to be incorporated in the are excluded from the Record. Record. § 17.8 Remarks made by a On June 17, 1936,(16) Mr. Rob- Member subsequent to his ert F. Rich, of Pennsylvania, was propounding a question to the point of order that a quorum Member occupying the floor, is not present are ordinarily under a reservation of the right to excluded from the Record, object, when the regular order because the point of order is was demanded by Mr. Claude A. not debatable and only re- Fuller, of Arkansas. Mr. Rich, marks that are made in however, ignoring the announce- order are included in the ment by the Speaker that the reg- Record. ular order had been demanded, On Apr. 15, 1940,(18) Mr. John made an additional statement. Taber, of New York, was recog- (17) The Speaker stated that Mr. nized on a question of the privi- Rich had been out of order in ex- lege of the House. He stated that tending his statement after the earlier in the debate Mr. John E. Chair announced that the regular Rankin, of Mississippi, had made order was demanded. The fol- a point of order that a quorum lowing parliamentary inquiry and was not present, and thereafter response by the Speaker then occurred: had made additional statements. Mr. Taber made the point of order MR. FULLER: Mr. Speaker, under the that Mr. Rankin had not been rec- ruling of the Chair I suppose it is to be taken for granted that the remarks of ognized for the purpose of making the gentleman from Pennsylvania those statements and that they should be stricken from the Record. If should not be in the Record. The they are not I want to object, because Speaker pro tempore (19) made the he was speaking out of order, speaking following ruling: after the Chair had cautioned him, as is his custom all the time. Under the rules of the House, re- THE SPEAKER: The remarks of the marks should only be included in the gentleman from Pennsylvania, or any Record that are made in order. After a

16. 80 CONG. REC. 9694, 74th Cong. 2d 18. 86 CONG. REC. 4517, 76th Cong. 3d Sess. Sess. 17. William B. Bankhead (Ala.). 19. Sam Rayburn (Tex.).

374 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17

point of order is made, which is not de- That is not a parliamentary inquiry, batable, any further remarks should and the gentleman ought not to take not be included in the Record. There- advantage of a parliamentary inquiry fore the Chair rules that any remarks to make a statement. that may have been made after the point of order that a quorum was not present was made should not be in- Deletion by Unanimous Con- cluded in the Record. sent § 17.9 The reporters are in- § 17.11 The House occasionally structed to take down and agrees to a unanimous-con- include as part of the Record sent request by a Member to of the proceedings remarks have certain unparliamen- interjected by a Member to tary remarks spoken in de- whom the Member occupying bate by another Member de- the floor has refused to yield. leted from the Record. The reporters are instructed to On Aug. 4, 1970,(3) Mr. Page H. take down such interjections even Belcher, of Oklahoma, referred to though they are out of order and Mr. Silvio O. Conte, of Massachu- may be stricken from the perma- setts, as ‘‘the other guy’’ who was nent Record by the House, the horning in. Mr. Leslie C. Arends, Speaker, or the Member in revis- of Illinois, requested unanimous (20) ing his remarks. consent that ‘‘the other guy’’ as § 17.10 A parliamentary in- spoken by Mr. Belcher in debate quiry may not be used to be deleted from the Record and place statements in the that there be inserted in lieu thereof ‘‘the gentleman from Mas- Record. sachusetts.’’ The House agreed to ( ) On Jan. 6, 1933, 1 the following the request.(4) parliamentary inquiry was made: MR. [THOMAS L.] BLANTON [of § 17.12 A Member may, with Texas]: Mr. Speaker, a parliamentary the unanimous consent of inquiry. Would it be in order to state the House, have his own re- that the Republican organization voted silently against the previous question? marks, which had been in- The Speaker (2) responded as fol- serted under leave to extend, lows: deleted from the permanent Record. 20. This ruling is discussed in § 19.8, infra. 3. 116 CONG. REC. 27130, 91st Cong. 2d 1. 76 CONG. REC. 1362, 72d Cong. 2d Sess. Sess. 4. CONG. REC. (daily ed.), 89th Cong. 2. John N. Garner (Tex.). 2d Sess.

375 Ch. 5 § 17 DESCHLER’S PRECEDENTS

On Sept. 20, 1966,(5) a speech On Feb. 11, 1941,(7) the Speak- delivered by Mr. Arnold Olsen, of er (8) ruled that certain words spo- Montana, which was made in ken by a Member in debate on a Montana and was highly critical resolution (9) to continue an inves- of another Member, appeared in tigation by a Special Committee the Record. The following day, Mr. on Un-American Activities im- Olsen, in requesting the unani- pugned the motives and actions of mous consent of the House that the speech be deleted from the a committee and its individual permanent Record, stated that it members, and were therefore out had been inserted by his staff, of order. Mr. John E. Rankin, of without his permission or knowl- Mississippi, moved to expunge the edge. The House agreed to the entire speech from the Record. unanimous-consent request.(6) The House agreed to the motion.

Deletion Pursuant to Motion § 17.14 The Speaker ruled that a motion to strike from the § 17.13 After the Speaker ruled Record would have to be put certain words spoken by a in writing where the mate- Member in debate to be out rial to be stricken gave rise of order, the House agreed to to a question of privilege of a motion deleting his entire the House. speech from the Record. On Apr. 25, 1944,(10) Mr. Clare 5. CONG. REC. (daily ed.), 89th Cong. E. Hoffman, of Michigan, intro- 2d Sess., Sept. 21, 1966. duced a resolution to strike from 6. On several other occasions the House the Record a statement inserted has agreed by unanimous consent to by another Member that im- permit a Member to delete his re- pugned the integrity and patriot- marks from the Record. See, e.g., ism of Mr. Hoffman and which CONG. REC. daily ed.), Aug. 12, 1970 mentioned various Senators and (remarks critical of a United States Senator); CONG. REC. (daily ed.), Representatives. During debate on (11) Sept. 14, 1967 (remarks critical of the resolution the Speaker in- another Member); 86 CONG. REC. 1124, 76th Cong. 3d Sess., Feb. 6, 7. 87 CONG. REC. 894–899, 77th Cong. 1940 (letters that were later found to 1st Sess. have been forged); CONG. REC. (daily 8. Sam Rayburn (Tex.). ed.), Mar. 18, 1965 (an extension of 9. H. Res. 90, 77th Cong. 1st Sess. remarks by a Member that had been (1941). lost by the Public Printer, redis- 10. 90 CONG. REC. 3696–98, 78th Cong. covered nine years later, and in- 2d Sess. serted as if it were current). 11. Sam Rayburn (Tex.).

376 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17 dicated that there was an incon- was recognized on his motion to sistency in the resolution,(12) and strike words from the Record that Mr. Hoffman requested permis- had been held out of order by the sion to withdraw the resolution on Speaker,(15) he made the following the condition that he be permitted parliamentary inquiry: to reword it and offer it again later in the day. At that point Mr. Mr. Speaker, I am recognized now John E. Rankin, of Mississippi, re- for 1 hour and I have a right to yield quested the opinion of the Chair to any other Member I desire in this as to whether a motion to strike discussion? the matter under discussion from The Speaker responded affirma- the Record must be in writing, or tively. whether it could be done orally. The Speaker responded as follows: § 17.16 A Member who has The Chair is going to demand that been called to order for any motion to strike from the Record words spoken in debate is be put in writing. The gentleman with- not entitled to be recognized draws the resolution. by the Speaker during de- Later in the same day Mr. Hoff- bate on a motion to expunge man introduced a modified resolution.(13) his words from the Record. On Feb. 11, 1941,(16) during de- § 17.15 Debate on a motion to bate on a resolution (17) to con- expunge from the Record tinue an investigation by a special words taken down and ruled Committee on Un-American Ac- out of order is under the tivities, the Speaker (18) ruled that hour rule. words spoken by Mr. Samuel On June 12, 1947,(14) after Mr. Dickstein, of New York, impugned John E. Rankin, of Mississippi, the motives and actions of a committee and the members thereof 12. The resolution directed both that the and were therefore not in order. words be stricken from the Record and that the resolution be referred to Mr. John E. Rankin, of Mis- the Committee on Rules for such ac- sissippi, moved to expunge the en- tion as it may deem proper. tire speech of Mr. Dickstein from 13. The resolution provided for its referral to the Committee on Rules and 15. Joseph W. Martin, Jr. (Mass.). directed the committee to consider 16. 87 CONG. REC. 894–899, 77th Cong. the offensive statement and to take 1st Sess. such action as it deemed proper. 17. H. Res. 90, 77th Cong. 1st Sess. 14. 93 CONG. REC. 6895, 80th Cong. 1st (1941). Sess. 18. Sam Rayburn (Tex.).

377 Ch. 5 § 17 DESCHLER’S PRECEDENTS the Record. During the debate on matter for the House to decide, the resolution Mr. Dickstein and he directed the Committee to sought recognition for the purpose rise. The Committee then rose of making a parliamentary in- and Mr. Magnuson reported to the quiry. The Speaker replied that he House that certain words in de- could not be recognized. bate had been objected to, taken down upon request, and read at § 17.17 A motion to expunge the Clerk’s desk. After listening to words from the Record is not the Clerk’s reading of the words ( ) in order in the Committee of objected to, the Speaker 1 ruled the Whole; words taken down that they did not reflect in an unparliamentary manner upon any in debate in the Committee Member, and that they did not must be reported to the violate the rules of the House. House by the Chairman. On Feb. 18, 1941,(19) during de- § 17.18 A motion to delete from bate in the Committee of the the Record certain words re- Whole, Mr. Robert F. Rich, of ported to the House by the Pennsylvania, demanded-that cer- Committee of the Whole is in tain words spoken by Mr. Clare E. order subsequent to a ruling Hoffman, of Michigan, be taken by the Speaker holding them down. The Clerk, upon the order unparliamentary. (20) of the Chairman, read the On Mar. 24, 1961,(2) the Com- words objected to. Mr. Rich then mittee of the Whole reported to requested that the words be ex- the House that certain words used punged from the Record. The in debate had been objected to Chairman stated that it was a and, on request, taken down and read at the Clerk’s desk. When 19. 87 CONG. REC. 1126, 77th Cong. 1st the House resumed sitting, the Sess. Clerk reported the words objected On May 31, 1934, in a similar sit- to, and the Speaker (3) ruled them uation, a Member moved to expunge from the Record words taken down out of order. The following par- during a debate in the Committee of liamentary inquiry and response the Whole. A point of order was by the Speaker then occurred: made that the words would have to MR. [THOMAS B.] CURTIS [of Mis- be first reported to the House. The souri]: The ruling means that these Chairman, John H. Kerr (N.C.), agreed and directed the Committee 1. Sam Rayburn (Tex.). to rise. 78 CONG. REC. 10167–70, 73d 2. 107 CONG. REC. 4780, 87th Cong. 1st Cong. 2d Sess. Sess. 20. Warren G. Magnuson (Wash.). 3. Sam Rayburn (Tex.).

378 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 17

words will be stricken from the punged from the permanent Record? Record. On a roll call vote, the THE SPEAKER: If a motion is made to strike them from the Record. House agreed to the resolution and the speech was expunged Mr. Curtis then made a motion to from the permanent Record.(6) strike the words from the Record, and the House agreed to the mo- § 17.20 A resolution, which tion. proposes to strike from the Deletion Pursuant to Resolu- Record language inserted tion under leave to extend, and which provides that such § 17.19 The insertion in the resolution is to be referred to Record of unparliamentary the Committee on Rules for remarks is sufficient to give such action as it may deem rise to a question of privi- proper, is privileged. lege, which is frequently pre- On Apr. 25, 1944,(7) Mr. Clare sented in the form of a reso- E. Hoffman, of Michigan, rose to a lution to expunge such re- question of privilege and intro- marks from the permanent duced a resolution (8) instructing Record. the Committee on Rules to con- On May 13, 1946,(4) Mr. Clare sider a statement impugning the E. Hoffman, of Michigan, rose to a integrity and patriotism of Mr. question of the privilege of the Hoffman, that had been inserted (5) House and offered a resolution in the Record by another Member. stating that on May 10, Mr. Subsequent to the Speaker’s (9) Frank E. Hook, of Michigan, had statement that without objection caused to be inserted in the Con- gressional Record an address de- 6. See 93 CONG. REC. 2461–63, 80th livered by the President of the Cong. 1st Sess., Mar. 24, 1947, for Michigan CIO Council, which im- another occasion on which the House pugned the integrity of Congress agreed to a resolution expunging and the individual Members from the permanent Record unpar- thereof. The resolution requested liamentary remarks which had been that the entire speech be ex- inserted under leave to extend. 7. 90 CONG. REC. 3698, 78th Cong. 2d 4. 92 CONG. REC. 4922–24, 79th Cong. Sess. 2d Sess. 8. H. Res. 516, 78th Cong. 2d Sess. 5. H. Res. 616, 79th Cong. 2d Sess. (1944) (1946). 9. Sam Rayburn (Tex.).

379 Ch. 5 § 17 DESCHLER’S PRECEDENTS the resolution was agreed to, the Mr. Clare E. Hoffman, of Michi- following exchange occurred: gan, then asked the Chair, in the

MR. [JOHN E.] RANKIN [of Mis- form of a parliamentary inquiry, sissippi]: Mr. Speaker, reserving the what had become of the request right to object—— that the words be taken down. THE SPEAKER: It is a privileged reso- The Speaker pro tempore re- lution. sponded as follows: MR. RANKIN: I understand, but anything that goes to the Committee on The Chair has already ruled on that. Rules is not a privileged resolution. The words were stricken from the THE SPEAKER: The Chair recognized Record. the gentleman from Michigan on the theory that it is a privileged resolution, § 17.22 Although the Speaker and holds that it is a privileged resolu- may strike from the Record tion. The Chair has already recognized of the proceedings remarks the gentleman to offer it. made by a Member to whom Deletion by the Chair the Member occupying the floor has refused to yield, the § 17.21 The Speaker, after rul- Chairman of the Committee ing certain words taken of the Whole may not. down in debate out of order, Although it has been said that immediately ordered them the Speaker has no control over deleted from the Record, the official record of debates,(12) it without awaiting action by is well established that he may the House. exclude from the Record flagrantly ( ) On Feb. 22, 1945,(10) Mr. John disorderly words, 13 words spoken E. Rankin, of Mississippi, re- by a Member after he has been quested that certain words spoken called to order,(14) and remarks in debate by Mr. Frank E. Hook, made by a Member who has not of Michigan, be taken down. The been recognized and to whom the Speaker pro tempore,(11) after Member having the floor has de- hearing the words read by the clined to yield.(15) The Chairman Clerk, made the following ruling: of the Committee of the Whole, The Chair rules the words out of however, does not share even the order and they will be stricken from Speaker’s limited control over the the Record. 12. 5 Hinds’ Precedents § 7017. 10. 91 CONG. REC. 1371, 79th Cong. 1st 13. 8 Cannon’s Precedents § 3471. Sess. 14. 5 Hinds’ Precedents §§ 6975–6978. 11. John W. McCormack (Mass.). 15. 8 Cannon’s Precedents § 3466.

380 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 18

Record, since it is well established the attention of the House to the that the Committee of the Whole fact that he had inserted in the itself has no control over the Con- ‘‘Extension of Remarks’’ section of ( ) gressional Record. 16 the Record for the previous day a ( ) On Apr. 20, 1937, 17 the Speak- printed newspaper interview with ( ) er 18 stated that only the Speak- George Titler, who was then the er, and not the Chairman of the vice president of the United Mine Committee of the Whole, has the Workers of America, in which Mr. authority to direct the reporters to delete certain improper remarks Titler was quoted as making a from the Record. The Speaker number of critical remarks cited this principle as partial sup- against the character of the late port for a ruling by which the re- Joseph Yablonski. Mr. Hechler porters were instructed to take noted that the Government Print- down and include as part of the ing Office had properly deleted Record of the proceedings remarks several profane remarks made by made by a Member to whom the Mr. Titler in the text of the inter- Member having the floor had de- view, because such profanity in ( ) clined to yield. 19 the Record would not be in conformity with the rules of the Deletion by Government Print- House.(1) ing Office Parliamentarian’s Note: The § 17.23 The Government Print- Government Printing Office has ing Office edits materials in- been authorized by the Chairman serted in the ‘‘Extension of of the Joint Committee on Print- Remarks’’ section of the ing to delete profane extraneous Record so as to delete pro- material inserted in the Record, fane words, and indicates and to indicate such deletions such deletions with dashes. with dashes. On Feb. 24, 1970,(20) Mr. Ken Hechler, of West Virginia, directed § 18. Correction of Errors 16. 5 Hinds’ Precedents § 6986. 17. 81 CONG. REC. 3670, 75th Cong. 1st The House may correct errors in Sess. the printing of the Congressional 18. William B. Bankhead (Ala.). Record in order to ensure that the 19. This ruling is discussed in § 19.8, infra. 1. The text of the interview appears at 20. 116 CONG. REC. 4543, 91st Cong. 2d 116 CONG. REC. 4457, 91st Cong. 2d Sess. Sess., Feb. 24, 1970.

381 Ch. 5 § 18 DESCHLER’S PRECEDENTS proceedings of the House are accu- sent requests for more significant rately recorded.(2) This prerogative changes,(9) a motion or resolution of the House, however, does not must be submitted if a question of permit it to revise remarks that order (10) is raised. are correct and in order, because A question of privilege con- the House may not change the cerning an error in the Record Record merely to show what a may not be raised until the daily Member should have said on the edition has appeared.(11) Under floor.(3) the rules of the Joint Committee Although a Member may edit on Printing,(12) once the daily edi- and revise his own remarks with- tion is published, the House has out the consent of the House,(4) and the Speaker may order un- 30 days to submit corrections for parliamentary remarks or re- the permanent edition, before it is marks made out of order deleted made up for printing and binding. from the Record,(5) only the No corrections may be submitted House, and not the Speaker,(6) after the permanent edition of the may order the correction of print- particular volume is published.(13) ing errors in the Record. The correction of printing errors in the Record is frequently raised Question of Privilege of the as a question of privilege of the House House.(7) While the correction of the Record is usually proposed in- § 18.1 An error in the printing formally, by the submission of of the Congressional Record, minor corrections to the official re- by which the remarks of one porters,(8) or by unanimous-con- Member are attributed to an-

2. 5 Hinds’ Precedents § 6972. 9. See §§ 18.4, 18.5, infra. 3. 8 Cannon’s Precedents §§ 3469, 3498; 10. 8 Cannon’s Precedents § 3464. 6 Cannon’s Precedents § 583; 5 11. 5 Hinds Precedents § 7020. Hinds’ Precedents § 6974. The right 12. Rule 8 of the Joint Committee on of the House to delete from the Printing, effective May 23, 1972. Record unparliamentary remarks or These rules are frequently reprinted remarks made out of order is disin the daily edition of the Congres- cussed in § 17, supra. sional Record in the section entitled 4. See § 19, infra. ‘‘Laws and Rules for Publication of 5. See § 17.21, supra. the Congressional Record,’’ which 6. 5 Hinds’ Precedents § 7019. precedes the section entitled ‘‘Daily 7. Sec §§ 18.1, 18.2, infra. Digest.’’ 8. See § 18.3, infra. 13. See § 18.2, infra.

382 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 18

other, gives rise to a ques- was defeated on a roll call vote. tion of privilege. Mr. John A. Martin, of Colorado, Parliamentarian’s Note: An sought unanimous consent to cor- error in the printing of the Con- rect the Record so as to reduce the gressional Record by which the re- quotation to small type; this remarks of one Member are attrib- quest was objected to. uted to another, raises a question of the privilege of the House. Submitting Corrections to Re- (Generally, see Ch. 11, infra.) porters § 18.2 An error in the printing § 18.3 A Member may submit of the Congressional Record, minor corrections of the by which a Member’s re- Record to the official report- marks were quoted in the ers, but controversial ques- text of an insertion made by tions or matters that might another Member and were involve another Member not printed in smaller type must be submitted to the as required by a rule of the House. Joint Committee on Printing, On Feb. 9, 1937,(16) the fol- gives rise to a question of the lowing exchange occurred con- privilege of the House. cerning a parliamentary inquiry: On May 11, 1936,(14) Mr. John MR. [JOHN J.] O’CONNOR of New Taber, of New York, was recog- York: In the matter of correcting the nized on a question of the privi- Record, as I understand it, unless it is a matter that involves the Journal or lege of the House. He stated that would adversely affect another Mem- certain remarks attributed to him ber, these minor corrections can be had been inserted in the Record of made by the Member going to the desk May 7, 1936,(15) but did not ap- in front of the Speaker and taking it pear in small type as required by up with the reporters. the rules of the Joint Committee THE SPEAKER: (17) Answering the on Printing in the case of gentleman from New York, the rule is that upon insignificant or minor mat- quotations. ters such corrections may be made at Mr. Taber introduced a resolu- the request of the Member by submit- tion to correct the Record, but it ting it to the reporter at the desk; but if it involves any substantial matter 14. 80 CONG. REC. 7019–21, 74th Cong. 2d Sess. 16. 81 CONG. REC. 1013, 75th Cong. 1st 15. CONG. REC. (daily ed.), 74th Cong. Sess. 2d Sess. 17. William B. Bankhead (Ala.).

383 Ch. 5 § 18 DESCHLER’S PRECEDENTS

that might bring into controversy some ing to the International Rules of other Member or some other controver- Judicial Procedure, which was sial question, the Member must rise and ask for such correction from the transmitted to the House by the floor. President, was correct in all respects. One of the attached copies, Correction by Unanimous Con- however, contained a message on sent an unrelated subject which had been attached before the message § 18.4 The House agreed, by had left the White House. It was unanimous consent, to cor- the submission of this erroneous rect the Record so as to re- copy to the official reporters at the flect the actual content of a desk that caused the error in the Presidential message which Record. had been transmitted to the House. § 18.5 Although a Member’s On Mar. 12, 1963,(18) the House words have been taken down agreed to the unanimous-consent and read to the House, the request of Mr. Carl Albert, of Speaker may recognize him Oklahoma, that the Record of the for a unanimous-consent re- previous day be corrected so as to quest to withdraw or modify reprint accurately the text of a the words objected to. Presidential message, as trans- On June 5, 1962,(2) Mr. John D. mitted to the House by the Presi- Dingell, of Michigan, during the dent of the United States.(1) course of his remarks on the Parliamentarian’s Note: The House floor, referred to Mr. Thom- original copy of the message relat- as B. Curtis, of Missouri, as a 18. CONG. REC. (daily ed.). 88th Cong. ‘‘mouthpiece’’ for the American 1st Sess. Medical Association. Mr. Curtis 1. The House must approve the correc- requested that the words be taken tion of most errors in the printing of down, and the Speaker (3) ordered the Congressional Record, since only the Clerk to report the words ob- minor corrections may be submitted to the official reporters by a Member. jected to. Following the reading by See § 18.3, supra. The House fre- the Clerk, Mr. Dingell requested quently manifests its consent to unanimous consent of the House changes in the Record by agreeing to to change the word ‘‘mouthpiece’’ unanimous-consent requests made by an individual Member. For exam- 2. 108 CONG. REC. 9739, 87th Cong. 2d ple, see §§ 18.13–18.16, infra (correc- Sess. tion of errors in recording of vote). 3. John W. McCormack (Mass.).

384 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 18 to ‘‘self-appointed spokesman.’’ motion to correct the Record The request was agreed to with- would be in order, and that the out objection, and Mr. Curtis unanimous consent of the House withdrew his point of order.(4) was not required. The Speaker (6) agreed. Thereupon Mr. Monaghan Correction by Motion moved that the Record be corrected. Mr. Blanton again rose to § 18.6 A motion to correct the state that he had obtained rec- Record is privileged after the ognition on a reservation of objec- approval of the Journal. tion to the unanimous-consent re- On Jan. 24, 1936,(5) Mr. Joseph quest, and the regular order was P. Monaghan, of Montana, re- demanded. The Speaker presented quested unanimous consent that the unanimous-consent request, an error in the Record of the pre- and an objection was raised vious day, by which only part of against it. Mr. Monaghan imme- an amendment he had submitted diately moved that the Record be was printed in the Record, be cor- corrected in the manner in which rected so as to include the entire he had previously described. The text of the amendment. Mr. previous question was ordered, Thomas L. Blanton, of Texas, then and the House agreed to the mo- obtained recognition, on a reservation. tion of objection to the unanimous-consent request, in order to § 18.7 Debate on a motion to praise the clerks for the conscien- correct the Record is under tious and efficient manner in the hour rule. which they usually performed On July 5, 1945,(7) Mr. Malcolm their duties. Mr. Clifton A. C. Tarver, of Georgia, made a mo- Woodrum, of Virginia, made a tion to correct the Record so as to point of order to the effect that a include the exact colloquy which had occurred between himself and 4. See 93 CONG. REC. 6895, 80th Cong. Mr. John E. Rankin, of Mis- 1st Sess., June 12, 1947, for an occasion on which Speaker Joseph W. sissippi, which had been modified Martin, Jr. (Mass.) ruled that a by Mr. Rankin in the process of Member who has had his words revising his remarks. After Mr. taken down may be recognized to Tarver had concluded his remarks propound a unanimous-consent request. 6. Joseph W. Byrns (Tenn.). 5. See 80 CONG. REC. 977, 74th Cong. 7. 91 CONG. REC. 7221–25, 79th Cong. 2d Sess. 1st Sess.

385 Ch. 5 § 18 DESCHLER’S PRECEDENTS in support of this motion, Mr. sent request that the Record Rankin requested to be heard on be corrected to show re- the motion. Upon being recognized marks as reported by the of- (8) by the Speaker, Mr. Rankin in- ficial reporters, the House quired as to how long he would be agreed to a resolution so cor- permitted to speak. The Speaker advised him that he would be per- recting the Record. mitted to speak under the hour On Mar. 23, 1949,(11) Mr. Wil- rule.(9) liam J. Green, Jr., of Pennsyl- vania, requested unanimous con- § 18.8 The House agreed to a sent that the Record be corrected motion to refer a motion to to indicate the exact language correct the Record to the that had occurred in the colloquy Committee on Rules. between himself and Mr. John E. (10) On July 5, 1945, Mr. Mal- Rankin, of Mississippi, the pre- colm C. Tarver, of Georgia, made vious day. In support of his re- a motion to correct the Record so as to include the language actu- quest Mr. Green alleged that Mr. ally spoken in debate by himself Rankin had altered the language and Mr. John E. Rankin, of Mis- of their exchange in revising the sissippi, on July 2, 1945. Mr. text of his remarks. Mr. Rankin Tarver stated in support of his raised an objection to the unani- motion that the colloquy which mous-consent request, and Mr. had occurred on the floor, as Green thereupon offered the fol- taken down by the reporters, had lowing resolution: (12) been changed substantially by Mr. Rankin in revising the text of his Resolved, That the Record of Tues- remarks. Subsequently, a motion day, March 22 be amended by printing was made to refer Mr. Tarver’s the colloquy between Mr. Rankin and motion to the Committee on Mr. Green as reported by official re- Rules. The House, by a division porters. vote, agreed to the motion to The House agreed to the resolu- refer. tion. Correction by Resolution § 18.10 Debate on a resolution § 18.9 Upon objection being to correct the Record is raised to a unanimous-con- under the hour rule.

8. Sam Rayburn (Tex.). 11. 95 CONG. REC. 3041, 81st Cong. 1st 9. 91 CONG. REC. 7222, 79th Cong. 1st Sess. Sess. 12. H. Res. 164, 81st Cong. 1st Sess. 10. Id. at pp. 7221–25. (1949).

386 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 18

On Feb. 13, 1946,(13) Mr. How- On Feb. 2, 1966,(15) H. Rept. No. ard W. Smith, of Virginia, intro- 1241 (16) was reprinted in the duced a resolution to delete from Record. The following notation of the Record of the previous day re- omissions was printed immediately following the House report: marks spoken on the floor and inserted in the Record by Mr. Illustrations identified as Robert Shelton, Exhibits Nos. 1, 3, and 7 are Charles R. Savage, of Washington, omitted because of mechanical limita- which reflected unfavorably upon tions in printing the Congressional Virginia state officials. Mr. Smith Record. All of the referenced exhibits, however, are fully illustrated in House was recognized to speak on the Report No. 1241 which was filed and resolution, and the following par- printed this date.(17) liamentary inquiry and response by the Speaker (14) then occurred: Time for Correction

MR. [JOHN E.] RANKIN [of Mis- § 18.12 The Record is not sub- sissippi]: Mr. Speaker, a parliamentary ject to correction after the inquiry; for how long is the gentleman permanent edition has been from Virginia recognized? printed. THE SPEAKER: The gentleman from (18) Virginia is under the 1-hour rule. On Jan. 23, 1969, Mr. Wil- liam F. Ryan, of New York, made The House agreed to the resolu- a unanimous-consent request that tion. a correction be made in the Record for Oct. 15, 1968. The Government Printing Office Speaker (19) refused to recognize Omissions Mr. Ryan for this purpose because an error in the Record of a pre- § 18.11 Where a committee re- vious Congress cannot be cor- port is ordered printed in rected when the permanent edi- the Record and certain illus- tion has already been printed.(20) trations are omitted from the Record version due to me- 15. 112 CONG. REC. 1742, 89th Cong. 2d Sess. chanical limitations at the 16. 89th Cong. 2d Sess. (1966). Government Printing Office, 17. 112 CONG. REC. 1754, 89th Cong. 2d such omissions are noted in Sess. the Record. 18. CONG. REC. (daily ed.), 91st Cong. 1st Sess. 13. 92 CONG. REC. 1274, 79th Cong. 2d 19. John W. McCormack (Mass.). Sess. 20. The principle that the Record is not 14. Sam Rayburn (Tex.). subject to correction after the perma-

387 Ch. 5 § 18 DESCHLER’S PRECEDENTS

The Speaker did indicate, how- 153 I am recorded as absent, I was ever, that Mr. Ryan’s statement of present and so answered to my name. the error would appear in the § 18.14 The House may agree Record of the proceedings for the to a unanimous-consent re- current day. quest by a Member to correct Roll Call Vote Corrections the permanent edition of the Record so as to correctly § 18.13 The correction of a record his vote, but a request Member’s erroneously re- by a Member to change his corded roll call vote can be vote is not in order after the made only with the unani- announcement of the result. mous consent of the House; On May 28, 1959,(2) the House the insertion in the Record, agreed to a unanimous-consent re- with the unanimous consent quest of Mr. James G. Fulton, of of the House, of remarks in Pennsylvania, who had been in- which such an error is re- correctly recorded as not voting on cited, does not constitute the roll call No. 59, to correct the consent of the House to ef- Record so as to indicate that he fect a change in the Record. had been present and had voted On June 28, 1966,(1) Mr. Law- ‘‘aye’’. The following subsequent rence H. Fountain, of North Caro- parliamentary inquiry and reply (3) lina, with the unanimous consent by the Speaker pro tempore il- of the House, had inserted in the lustrates the distinction between Record the following remarks: correcting an erroneously recorded vote in the Record and changing a Mr. Speaker, the Record of yester- vote after the announcement of day’s rollcall No. 153 has me recorded the result: (4) as being absent. I was present and so answered to my name. I ask unani- MR. [CLARE E.] HOFFMAN [of Michi- mous consent that the journal be so gan]: I did not hear how the gentleman corrected. I ask unanimous consent that the 2. 105 CONG. REC. 9335, 86th Cong. 1st Congressional Record of June 27, 1966, Sess. be corrected, in that, on rollcall No. 3. John W. McCormack (Mass.). 4. A Member may not change his vote nent edition has been printed is a after the announcement of the re- long-standing one. See 8 Cannon’s sult. 8 Cannon’s Precedents §§ 3070, Precedents § 3093. 3123, 3124, 3160; 5 Hinds’ Prece- 1. CONG. REC. (daily ed.), 89th Cong. dents §§ 5931–5933, 6093, 6094. 2d Sess. Generally, see Ch. 30, infra.

388 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 18

stated he had voted. Is it permissible dering if the Record will show that I to change a vote, on a roll call, a aye- was incorrectly recorded or whether it and-nay vote? May a Member change will show that I changed my vote. from one to the other the next day? The Speaker pro tempore (8) re- THE SPEAKER PRO TEMPORE: Of sponded as follows: course it is not permissible to change a All the Chair can state is that the vote, but it is permissible for a Mem- Record will show what actually tran- (5) ber to correct the Record. spired.

§ 18.15 A request by a Member Pairs to correct his incorrectly recorded vote on a roll call is § 18.16 Although as a general noted in the Record, pro- rule the House does not take vided the request is made be- cognizance of pairs, a Mem- fore the announcement of ber may request the unani- the result. mous consent of the House On Sept. 6, 1961,(6) Mr. Peter F. that the Record be corrected Mack, Jr., of Illinois, following a where pairs are erroneously roll call vote (7) and prior to the recorded or omitted. announcement of the result, an- On Aug. 3, 1965,(9) the House nounced that his vote had been agreed to a unanimous-consent re- incorrectly recorded, and request by Mr. Carl Albert, of Okla- homa, to correct the Record so as quested that he be recorded as to indicate that the live pairs re- having voted ‘‘aye.’’ Following the corded at the conclusion of roll announcement of the result of the call No. 215 the previous day (10) vote, Mr. Mack made the fol- should have been recorded as gen- lowing parliamentary inquiry: eral pairs. On other occasions the Mr. Speaker, I was incorrectly re- House has similarly agreed by corded on the last roll call. I am won- unanimous consent to delete from the Record pairs erroneously re- ( ) 5. For a similar occasion on which the corded 11 and to include pairs er- ( ) House agreed by unanimous consent roneously omitted. 12 to correct an error in the recording of a Member’s vote in the Record, see 8. John W. McCormack (Mass.). CONG. REC. (daily ed.), Jan. 8, 1964. 9. CONG. REC. (daily ed.), 89th Cong. 1st Sess. 6. 107 CONG. REC. 18256, 87th Cong. 10. 111 CONG. REC. 18976, 89th Cong. 1st Sess. 1st Sess., Aug. 2, 1965. 7. The vote was on the question of 11. CONG. REC. (daily ed.), Aug. 14, whether to suspend the rules and 1967. pass H.R. 9000, 87th Cong. 1st Sess. 12. CONG. REC. (daily ed.), Dec. 10, (1961). 1963.

389 Ch. 5 § 18 DESCHLER’S PRECEDENTS

Cosponsors of Bill or Resolu- § 19. Revision of Remarks tion Although the Record is ‘‘sub- § 18.17 An error in the listing stantially a verbatim report of of the cosponsors on a bill or proceedings’’,(16) it has been the resolution that has been in- practice of the House to permit a troduced in the House can- Member, with the approval of the not be subsequently cor- Speaker, but without permission rected, but a Member’s state- from the House, to edit and revise ment that an error has oc- his remarks before publication in curred will appear in the the Record.(17) The consent of the Record. House, however, is required for On Oct. 9, 1969,(13) Mr. Jeffery the correction of major errors,(18) Cohelan, of California, announced and the deletion of unparliamen- to the House that the name of Mr. tary remarks or remarks made Michael J. Kirwan, of Ohio, was out of order.(19) In addition a incorrectly included as a cospon- Member may not extend his re- sor of a House joint resolution for marks without permission from the funding of the Department of the House.(20) Health, Education, and Welfare under a continuing resolution.(14) Under the rules of the Joint ( ) In response to Mr. Cohelan’s Committee on Printing 1 a revi- unanimous-consent request that sion shall consist only of correc- the Record stand corrected, the tions of the original copy and shall Speaker pro tempore (15) stated as not include deletions of correct follows: material, substitutions for correct The gentleman’s statement will ap- 16. 44 USC § 901 (1970). pear in the Record. There is no way of correcting the resolution. 17. 5 Hinds’ Precedents § 6971. 18. See § 18, supra. 13. 115 CONG. REC. 29347, 91st Cong. 19. See § 17, supra. 1st Sess. 20. See § 20, infra. For an example of another occa- 1. Rule 8 of the Joint Committee on sion on which the statement of a Printing, effective May 23, 1972. Member that the listing of the co- These rules are frequently reprinted sponsors of a particular bill was in in the daily edition of the Congres- error, see 114 CONG. REC. 1873, 90th sional Record in the section entitled Cong. 2d Sess., Feb. 1, 1968. ‘‘Laws and Rules for Publication of 14. H.J. Res. 927, 91st Cong. 1st Sess. the Congressional Record,’’ which (1969). precedes the section entitled ‘‘Daily 15. Richard Bolling (Mo.). Digest.’’

390 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 19 material, or additions of new sub- Member may, however, withhold ject matter. his remarks from the Record for The official reporters of debate revision up to 30 days notwith- frequently submit to Members for standing the fact that such re- their inspection and editing remarks contain a colloquy with an- marks they have made on the other Member.(8) floor of the House that day. In order to ensure publication in the Record for the following morning, manuscripts must be returned to Member’s Own Remarks the Government Printing Office § 19.1 A Member may revise not later than 9 o’clock p.m.(2) A his own remarks without ob- Member may withhold his remarks from the Record for a pe- taining permission from the riod not to exceed 30 calendar House, but he must have per- days from the date when its print- mission to extend his re- ing was authorized.(3) marks. There are a number of signifi- On Jan. 25, 1939,(9) the fol- cant limitations upon the right of lowing exchange occurred on the a Member to edit and revise his floor of the House: remarks. For example, a Member MR. [HUGH] PETERSON of Georgia: may not delete from the Record Mr. Speaker, I ask unanimous consent the proceedings by which his to revise my own remarks. I am asking (4) words were taken down, re- not to extend my remarks in the marks interjected by another Record but to revise them. Member to whom he has yield- MR. [JOSEPH W.] MARTIN [Jr.] of ( ) ed 5 or to whom he has re- Massachusetts: Reserving the right to sponded.(6) A Member may not re- object, Mr. Speaker, I may say that vise remarks which alter the con- under the rules of the House the gen- text of colloquys with other Mem- tleman has the right to revise his re- bers, without their consent.(7) A marks, but he does not have the right to extend them. 2. Rule 3 of the Joint Committee on THE SPEAKER: (10), In the opinion of Printing. the Chair, the gentleman has the right 3. Rule 7 of the Joint Committee on to revise his remarks. Printing. 4. See § 19.2, infra. 8. See § 19.10, infra. 5. See § 19.7, infra. 9. 84 CONG. REC. 791, 76th Cong. 1st 6. See § 19.6, infra. Sess. 7. See §§ 19.3, 19.4, infra. 10. William B. Bankhead (Ala.).

391 Ch. 5 § 19 DESCHLER’S PRECEDENTS

Remarks Affecting Official the permanent edition of the House Proceedings Record be corrected so as to include them. The House agreed to § 19.2 A Member’s revision of the request.(12) his remarks, so as to delete from the Record the pro- Remarks Affecting Colloquys ceedings by which his words § 19.3 A Member may edit the were taken down, gives rise reporters’ transcript of re- to the question of the privi- marks he has made on the lege of the House. floor of the House, provided On Apr. 26, 1940,(11) Mr. Clare he does not alter the remarks E. Hoffman, of Michigan, was rec- of other Members. ognized on a question of the privi- On Aug. 5, 1941,(13) the Chair lege of the House, and submitted was asked to clarify the conditions a resolution requesting that the under which a Member may re- Record of the previous day be corrected so as to include the pro- 12. For a ruling by Speaker William B. ceedings by which words spoken Bankhead (Ala.) that a question of the privilege of the House is raised by Mr. Edward E. Cox, of Georgia, by the action of a Member in with- had been taken down and ruled holding from the Record for up to 30 out of order. Mr. Cox, after his days the proceedings by which his words were ruled out of order, had words were taken down and ruled requested and received the unani- upon by the Speaker, see § 19.11, mous consent of the House to infra. withdraw them from the Record. 13. 87 CONG. REC. 6801, 77th Cong. 1st Sess. In revising his remarks, however, The principle that permits a Mem- Mr. Cox deleted the entire pro- ber to revise his remarks without ceedings by which his remarks permission as long as the change had been taken down, and ruled does not affect the remarks of an- out of order. other Member is a long-standing one. Mr. Hoffman’s resolution was See 8 Cannon’s Precedents §§ 3461, rejected by the House. Mr. Cox, 3463, 3497; 5 Hinds’ Precedents § 6972. For a ruling by Speaker Wil- after explaining that the pro- liam B. Bankhead (Ala.) to the effect ceedings had been deleted inad- that a Member, under the rules of vertently, requested the unani- the House, need not secure the per- mous consent of the House that mission of the House to revise his remarks, but that such permission was 11. 86 CONG. REC. 5111–14, 76th Cong. required to extend his remarks, see 3d Sess. § 19.1, supra.

392 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 19 vise his remarks without the con- matter to the Speaker for de- sent of the House. The pro- cision. ceedings were as follows: On May 9, 1934,(15) the fol- MR. [DAVID L.] POWERS [of New Jer- lowing parliamentary inquiry was sey]: Mr. Speaker, can a Member with- raised: out unanimous consent, revise and extend his remarks in the Record? MR. [MALCOLM C.] TARVER [of Geor- THE SPEAKER PRO TEMPORE: (14) He gia]: Mr. Speaker, in the course of de- may not extend his remarks without bate on yesterday . . . I entered into a permission. colloquy with the gentleman from Colo- rado [Mr. Lewis], who had made a MR. POWERS: Another parliamentary inquiry, Mr. Speaker. statement in regard to certain occurrences in my State with which I felt THE SPEAKER PRO TEMPORE: The gentleman will state it. obliged to take issue. The gentleman from Colorado later MR. POWERS: The Speaker said he may not extend his remarks. May a in the correction of the stenographic Member revise his remarks without copy of his remarks, I am sure in good unanimous consent? faith, because I know the gentleman would not willingly do an injustice to THE SPEAKER PRO TEMPORE: He may anyone, having ascertained that his make corrections, as I understand it. statements were not in accord with the The Chair will read the rule: facts, undertook to correct, and did cor- The practice is to allow Members rect, the stenographic record so as to to edit the reporters’ transcription of eliminate the statements of which I their remarks before it is sent to the complained. The difficulty lies in the printer, but such revision shall not alter language affecting the context fact that my own remarks made in the of colloquies with other Members Record immediately after his state- without their approval. Where the ment have remained unchanged, and remarks of another are not affected, the effect is to place me in a false light a Member in revising his speech for and in the attitude of questioning the Record may strike out any por- statements of the gentleman appearing tion or may edit the speech in its entirety, but alterations which place a in the Record which were not made on different aspect on the remarks of a the floor at all. colleague require authorization by May I inquire whether or not I am the House. entitled to have the Record corrected to show the statements made by the gen- § 19.4 Members who desire to tleman from Colorado in the course of revise for the permanent this colloquy? Record remarks that affect The Speaker (16) responded as fol- each other, but who cannot lows: agree upon the appropriate revision, should submit the 15. See 78 CONG. REC. 3562 et seq., 73d Cong. 2d Sess. 14. Wright Patman (Tex.). 16. Henry T. Rainey (Ill.).

393 Ch. 5 § 19 DESCHLER’S PRECEDENTS

No Member has the right in revising Zioncheck made the remarks his own remarks to change them in which were later deleted from the such a way as to affect another Mem- Record by Mr. Boylan. The Speak- ber without the consent of the other er (18) made the following ruling: Member concerned. The Members involved should try to adjust the matter The Chair may say to the gentleman among themselves, but if they cannot that no Member of the House has the agree, the matter should be submitted right to have his remarks inserted in to the Speaker for decision. the Record unless he has obtained the consent of the House or the Chair or Remarks Interjected by An- the gentleman addressing the House. other Member § 19.6 A Member may not de- § 19.5 Remarks made by a lete from the Record of the proceedings remarks improp- Member without recognition erly interjected by a Member from the Chair or the per- to whom he has declined to mission of the Member occu- yield, if he has offered any pying the floor at that time response to those remarks. may be deleted from the Record by the latter in revis- On Apr. 20, 1937,(19) Mr. Ed- ing his remarks. ward W. Curley, of New York, (20) (17) made a parliamentary inquiry On Apr. 14, 1936, Mr. Mar- concerning the right of a Member ion A. Zioncheck, of Washington, in revising his remarks to delete made a point of order to the effect from the Record those remarks that Mr. John J. Boylan, of New improperly interjected by a Mem- York, had deleted from the text of ber to whom he has declined to his remarks certain remarks yield. Mr. Curley stated that on interjected by Mr. Zioncheck with- Apr. 15, during an address by Mr. out the authority to do so. Mr. Boylan had been addressing the 18. Joseph W. Byrns (Tenn.). House the previous day when Mr. 19. 81 CONG. REC. 3669, 75th Cong. 1st Zioncheck requested that he be Sess. yielded time to speak. Mr. Boylan 20. Mr. Curley’s parliamentary inquiry was first made on Apr. 19, 1937, and refused, immediately prior to the was withdrawn at the suggestion of expiration of his speaking time. several Members, in order to permit After the gavel fell, and without Mr. Wadsworth, a significant partici- recognition by the Chair, Mr. pant in the proceedings, to be present for the Speaker’s ruling. 81 17. 80 CONG. REC. 5478, 74th Cong. 2d CONG. REC. 3589, 75th Cong. 1st Sess. Sess.

394 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 19

James W. Wadsworth, Jr., of New ble precedents on the subject, York, in the Committee of the which indicate that a Member Whole, he was twice recognized by may delete from his remarks the Chairman of the Committee of those remarks made by another the Whole (1) for the purpose of re- Member to whom he has declined questing Mr. Wadsworth to yield to yield, ruled against the request the floor. On both occasions Mr. of Mr. Curley. Wadsworth refused to yield. Im- Mr. Curley then made a further mediately subsequent to the sec- parliamentary inquiry concerning ond refusal Mr. Curley stated the the fact that a similar interrup- following: ‘‘The gentleman is mak- tion of the same speech by an- ing a wrong statement.’’ Mr. Wadsworth continued his remarks other Member had occurred, and without responding to that state- that exchange had appeared in ment. The daily edition of the the Record. That exchange was as Record for Apr. 15 contained the follows: remarks of Mr. Wadsworth with- MR. [JOSEPH A.] GAVAGAN [of New out any reference to either the re- York]: Mr. Chairman, will the gen- quests to yield or the subsequent tleman yield? statement made by Mr. Curley. MR. WADSWORTH: I cannot yield Mr. Curley stated that he had Mr. Gavagan, despite the rule been informed by the reporter that prohibits a Member from that the omitted remarks had speaking under these cir- been included in the reporter’s cumstances, then stated: original notes, and that the omission from the daily edition of the I am sure if the gentleman had read Record was in error.(2) Mr. Curley the bill he would not have made that statement. contended that the Record should be corrected so as to include the Thereupon Mr. Wadsworth recog- omitted exchanges. The Speak- nized Mr. Gavagan’s statement er,(3) after discussing the applica- and responded to it by saying: I have read the language.(4) 1. John J. O’Connor (N.Y.). 2. It should be noted that at the conclu- Mr. Curley requested the opin- sion of the discussion Mr. Wads- ion of the Chair as to why Mr. worth indicated that he had not de- Gavagan’s exchange with Mr. leted from the text of his remarks any words interjected by another 4. The entire exchange between Mr. Member. 81 CONG. REC. 3670, 75th Wadsworth and Mr. Gavagan is re- Cong. 1st Sess., Apr. 20, 1937. printed at 81 CONG. REC. 3521, 75th 3. William B. Bankhead (Ala.). Cong. 1st Sess., Apr. 15, 1937.

395 Ch. 5 § 19 DESCHLER’S PRECEDENTS

Wadsworth had appeared in the any right to interpose the objection that it is a violation of the rule and Record, and his similar exchange under those circumstances the tran- with Mr. Wadsworth had been de- script of the Record should show actu- leted. The Speaker responded as ally what did occur. follows: § 19.7 A Member, in revising So it seems from the particular cir- his remarks, may not delete cumstances of these two incidents that or alter the meaning of re- although neither the gentleman from New York [Mr. Curley] nor the gen- marks actually spoken by an- tleman from New York [Mr. Gavagan], other Member to whom he under the rules, had any right to make has yielded, without such any statement whatever, the gen- Member’s consent tleman from New York [Mr. Wads- (5) worth], occupying the floor, agreed to On Mar. 27, 1935, a discus- recognize the interpolation of the gen- sion occurred on the floor of the tleman from New York [Mr. Gavagan] House with respect to the right of and voluntarily replied to it. a Member, who had yielded the floor to another Member for the This ruling of the Speaker was purpose of asking a question, to further clarified by the following delete that Member’s words from parliamentary inquiry and re- the Record, whether spoken from sponse of the Speaker: the floor or inserted with the MR. [GERALD J.] BOILEAU [of Wis- unanimous consent of the House. ( ) consin]: In the event a Member inter- The Speaker 6 had held that a rupts some other Member who is occu- Member to whom the floor was pying the floor, without the Member yielded must, in correcting his re- having the floor specifically giving the marks, obtain the consent of the other Member the right to interpose a Member who yielded, especially if question, and the Member having the the correction changes the mean- floor answers the question, as the gen- ing of the question asked. The fol- tleman from New York [Mr. Wads- lowing parliamentary inquiry was worth] did with respect to the question then made concerning the right of of the gentleman from New York [Mr. a Member who has yielded the Gavagan], could the gentleman from New York [Mr. Wadsworth] as a mat- floor to strike from the Record ter of right then delete that portion of words spoken by the Member to his remarks? whom he has yielded: THE SPEAKER: The Chair will state MR. [ALBERT E.] CARTER [of Cali- in answer to the question of the gen- fornia]: As I understand, the gentleman from Wisconsin that if a Mem- ber occupying the floor voluntarily de- 5. 79 CONG. REC. 4540, 74th Cong. 1st cides to respond to a question asked by Sess. another Member, he thereby waives 6. Joseph W. Byrns (Tenn.).

396 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 19

tleman from California [Mr. Kramer] the Speaker had instructed the re- attempts to justify his striking out porters not to record remarks what I wrote in on the ground that he had authority to do that. My inquiry made under such circumstances. is, has any Member the right to strike The Speaker’s revised ruling was out any portion of any other Member’s made in response to a renewed remarks, whether it is in there by his permission or not? parliamentary inquiry that had THE SPEAKER: No. If those remarks been made and withdrawn the were made in the course of the debate previous day.(10) and with the consent of the Member. The Speaker gave the following § 19.8 The reporters are in- reasons in support of the revised structed to take down and ruling: include as part of the Record The Chair has been induced to of the proceedings remarks change his position upon that question, interjected by a Member to for two reasons: In the first place, upon whom the Member occupying more mature consideration, the Chair is of the opinion that it places upon the the floor has refused to yield, reporters of the House what might be even though such remarks termed a species of censorship of edit- are out of order and may be ing of the remarks the Members make, stricken from the permanent however improvidently made or im- Record by the House, the properly stated. The Chair does not Speaker, or the Member in think that this type of burden should be imposed upon the reporters of the revising his remarks. House. In the second place, as was the On Apr. 20, 1937,(7) the Speak- instance here referred to, the remarks er (8) made a ruling by which the were made while we were in Com- reporters were instructed to take mittee of the Whole, presided over by a down and include as part of the Chairman and not by the Speaker of Record of the proceedings the re- the House; and under the rule only the marks of a Member, even though Speaker-and not a Chairman of the the Member occupying the floor Committee—has the authority to direct the reporters to delete certain im- had declined to yield and those re- proper remarks from the Record. marks were not in order. That rul- So in order that full justice may be ing was a revision of a ruling done to all Members, although they made the previous day (9) in which 10. A Member requested the opinion of 7. 81 CONG. REC. 3670, 76th Cong. 1st the Chair as to whether the Record Sess. might be corrected so as to include 8. William B. Bankhead (Ala.). remarks he had made after the 9. 81 CONG. REC. 3588, 75th Cong. 1st Member occupying the floor at the Sess., Apr. 19, 1937. time had refused to yield to him.

397 Ch. 5 § 19 DESCHLER’S PRECEDENTS

may be in small measure violating the MR. [CLARE E.] HOFFMAN [of Michi- rules of the House, and in order that gan]: Mr. Speaker, this involves the in- the Record may definitely show what tegrity of the Record. Under date of actually transpired in haec verba, the July 27, when the gentleman from Illi- Chair withdraws that part of his ruling nois [Mr. Keller] had the floor, certain directing the reporters hereafter not to remarks were made by me under a res- take down such improvident remarks, ervation of the right to object. I send to and will conform to the old practice the Speaker’s desk a printed copy of which the Chair thinks probably the the Record and a transcript from the best, leaving to the Members them- Official Reporters, which shows that selves, after the speeches are tran- all of those remarks made by me were scribed, the right and privilege to stricken from the Record by the gen- strike from the transcript any remarks tleman from Illinois. That is the ques- made by a Member where the Member tion of personal privilege and of the speaking and sought to be interrupted privilege of the House I now present. has declined to yield. ... Previous rulings of the Chair in- THE SPEAKER: (15) The Chair is of the dicate that where a Member is oc- opinion that the gentleman presents a cupying the floor at the time of an question affecting the privileges of the unauthorized interruption of his House and he is recognized for 1 hour. speech,(11) the Speaker,(12) the Following a discussion of the de- House or the Member himself,(13) leted material, the House agreed may strike the remarks of the in- to a motion reinserting that mate- terrupting Member. rial in the permanent Record.(16)

§ 19.9 A question of privilege Withholding of Remarks arises when a Member, in revising his remarks for the § 19.10 A Member who con- permanent Record, strikes trolled the floor has the right out remarks made by an- to withhold remarks he made other Member after he had at that time from the Record reserved the right to object for revision up to 30 days to a unanimous-consent re- notwithstanding the fact that quest. such remarks contain a col- On Aug. 3, 1939,(14) the fol- loquy with another Member. lowing exchange occurred con- On Mar. 26, 1940,(17) Mr. Comp- cerning a question of privilege: ton I. White, of Idaho, raised a

11. 8 Cannon’s Precedents § 3465. 15. William B. Bankhead (Ala.). 12. 8 Cannon’s Precedents § 3466. 16. 84 CONG. REC. 10968, 76th Cong. 1st 13. 8 Cannon’s Precedents § 3467. Sess. 14. 84 CONG. REC. 10966, 76th Cong. 1st 17. 86 CONG. REC. 3451, 76th Cong. 3d Sess. Sess.

398 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 19 question of privilege. The produced a resolution (20) raising a ceedings were as follows: question of the privilege of the MR. WHITE of Idaho: Mr. Speaker, on House. Mr. Hoffman stated in his yesterday, when an appropriation bill resolution that on the previous was being considered by the House, the day, during debate in the Com- gentleman from Michigan [Mr. Hoff- man] and I had quite a colloquy on the mittee of the Whole, Mr. Sam C. National Labor Relations Board. I find Massingale, of Oklahoma, had in- on inspection of the Record this morn- timated that in the future the ac- ing that nothing appears of that de- tion of the House Committee on bate. I appreciate the courtesy of the gentleman in yielding to me, and I Ways and Means on the bill which would like to have the statements was under consideration would be made on the floor appear in the regarded as ‘‘pusillanimous.’’ A Record. I find the matter has been withheld. . . . Member demanded that the words THE SPEAKER: (18) The Chair may say be taken down and the Committee to the gentleman from Idaho [Mr. rose. When the House convened, White] that when a Member who has the Speaker (1) ruled upon the the floor in his own right engages in colloquy with another Member, under point of order, and Mr. Mass- the rules he has the right to withhold ingale was permitted to proceed. the remarks from the Record tempo- Thereafter the House again re- rarily. The Chair may add that he has solved itself into the Committee of 30 days, under the rules of the House, in which to revise his remarks and the Whole, and Mr. Massingale ( ) place them in the Record. continued his remarks. 2 Subse- § 19.11 Although under the 20. H. Res. 208, 76th Cong. 1st Sess. general practice of the (1939). House, a Member who con- 1. William B. Bankhead (Ala.). trolled the floor has the right 2. When Mr. Massingale continued his remarks in the Committee of the to withhold his remarks from Whole, he went on to make certain the Record for revision [up charges involving the integrity of an- to 30 days], he may not with- other Member of the House. The hold that part of the pro- words were taken down, the Com- ceedings whereby his re- mittee again arose, the House con- marks were taken down. vened, and the Speaker this time sustained the point of order. Mr. On June 1, 1939,(19) Mr. Clare Massingale, however, obtained the E. Hoffman, of Michigan, intro- unanimous consent of the House to have those remarks deleted from the 18. William B. Bankhead (Ala.). Record. In addition, the House 19. 84 CONG. REC. 6531, 76th Cong. 1st agreed to a unanimous-consent re- Sess. quest by Mr. Sam Rayburn (Tex.)

399 Ch. 5 § 19 DESCHLER’S PRECEDENTS quently, Mr. Massingale withheld and accurate text of what had oc- from the Record of May 31 not curred on the floor, because Mr. only the remarks by which he had Massingale had not obtained per- impugned the integrity of the mission to withhold the entire Committee on Ways and Means, proceedings by which his remarks but also the entire proceedings by reflecting upon the integrity of an- which the words were taken down other Member had been taken and ruled upon by the Speaker. down and ruled upon by the The resolution requested that the Speaker. The Speaker stated: following action be taken: The Record shows that the gentleman from Oklahoma [Mr. Resolved, That a committee of three Massingale] did obtain unanimous con- be appointed by the Speaker of the sent to revise and extend his remarks. House, or in the discretion of the Under the general practice of the Speaker, make reference to a standing House that gave to the gentleman from committee of the House, to ascertain Oklahoma the right to withhold revi- from the reporters of the House and sion of his remarks from the Record. from such other sources as they may The Chair is of the opinion that the deem trustworthy a true and correct other subject matter stated in the reso- record of what did occur, deleting from lution of the gentleman from Michigan such record all such matters which the [Mr. Hoffman] probably does raise a gentleman from Oklahoma [Mr. question of the privileges of the House. Massingale] was given permission to delete, and retaining in the Record all The resolution was referred to the such other transactions and pro- Committee on Rules. ceedings which occurred on the floor of the House and for the withdrawal of § 19.12 The Committee on which permission was not given; and Rules has jurisdiction of a thereupon to report its conclusions to resolution that proposes the the House, together with such rec- creation of an investigating ommendations as it may deem desirable. committee to determine whether a Member has Mr. Hoffman, in support of his wrongfully withheld remarks resolution, emphasized that in his from the Record. opinion the record of the pro- ( ) ceedings of May 31 was not a true On June 1, 1939, 3 Mr. Clare E. Hoffman, of Michigan, introduced that the entire proceedings by which a resolution (4) that proposed that the remarks of Mr. Massingale with reference to another Member, be de- 3. 84 CONG. REC. 6531, 76th Cong. 1st leted from the Record, and that Mr. Sess. Massingale be permitted to revise 4. H. Res. 208, 76th Cong. 1st Sess. and extend his remarks. (1939).

400 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20 a committee ascertain from the re- must obtain the consent of the porters of the House whether Mr. House to extend his remarks,(7) Sam C. Massingale, of Oklahoma, and authorizations to extend re- had wrongfully withheld from the marks in the Record are strictly (8) Record in revising his remarks construed. The Speaker will only entertain requests for per- the entire proceedings by which mission to extend remarks at cer- his remarks were taken down and tain times during the conduct of ruled upon by the Speaker. The House business,(9) and such re- Speaker (5) asked Mr. Hoffman quests will be granted only to the whether he desired to have the individual whose remarks are to resolution referred to a committee. be inserted.(10) The Chairman of Mr. Hoffman responded that, in the Committee of the Whole may the discretion of the Speaker, he recognize a Member to extend his own remarks,(11) but the Com- would like it referred to either a mittee of the Whole lacks the special committee or to any stand- power to permit the inclusion of ing committee. The Speaker stat- extraneous materials (12) or to per- ed that the Committee on Rules mit insertions at a later date.(13) would have jurisdiction over the The insertion of unparliamentary resolution. The resolution was so remarks is prohibited, and viola- referred. tions of this rule give rise to a question of privilege of the House.(14)

§ 20. Extension of Re- 7. See § 20.1, infra. marks 8. 8 Cannon’s Precedents § 3479. 9. See § § 20.4 et seq., infra. The practice in the House of 10. House Supplement to ‘‘Laws and permitting Members to extend Rules for Publication of the Congres- their remarks so as to insert in sional Record’’, effective Dec. 29, 1970. These rules are frequently re- the Record speeches that were not printed in the daily edition of the delivered on the floor of the House Congressional Record in the section and extraneous materials related entitled ‘‘Laws and Rules for Publi- to the subject under discussion is cation of the Congressional Record’’, a long-standing one.(6) A Member which precedes the section entitled ‘‘Daily Digest’’. 5. William B. Bankhead (Ala.). 11. See § 20.12, infra. 6. For a discussion of the reasons un- 12. See 20.13, infra. derlying the development of the 13. See § 20.18, infra. practice, see 5 Hinds’ Precedents 14. See § 20.19, infra; 8 Cannon’s Prece- §§ 6990–6996, 6998–7000. dents § 3495; 5 Hinds’ Precedents

401 Ch. 5 § 20 DESCHLER’S PRECEDENTS

While the inclusion of extra- the duty of the Public Printer to neous materials is permitted, a return the insertion with an esti- Member must conform to the limi- mate of cost.(18) In constructing tations imposed by statute and the ‘‘Extensions of Remarks’’ sec- the rules of the Joint Committee tion, the Public Printer is author- on Printing. For example, only the ized to withhold any extensions of Joint Committee on Printing, and remarks which exceed economical not the House, can permit the in- press fill or exceed production lim- sertion in the Record of maps, dia- itations.(19) ( ) grams, or illustrations. 15 When The rules of the Joint Com- permission is obtained to insert mittee on Printing and the House extraneous materials, the inser- Supplement to those rules delin- tions must conform to the descrip- eate the types of insertions which tions in the request for permission are permitted in the body of the to which the House has con- Record and those permitted only sented.(16) in the ‘‘Extensions of Remarks’’ Under the rules of the Joint section. The only extraneous ma- (17) Committee on Printing, a Mem- terials permitted in the body of ber may not insert extraneous the Record are as follows: excerpts matter in excess of two printed from letters, telegrams, or articles Record pages, unless he an- presented in connection with a nounces coincident with the re- speech delivered in the course of quest for leave to print or extend debate; communications from the estimate in writing from the state legislatures; addresses or ar- Public Printer of the probable cost of publishing the insertion, and ticles by the President and the the House agrees to permit its in- members of his Cabinet, the Vice clusion notwithstanding the cost. President, or a Member of Con- If a Member submits an extension 18. For a discussion on the House floor of remarks containing extraneous of regulations concerning the inclu- matter in excess of two pages, it is sion of extraneous material, see 91 CONG. REC. 839–841, 79th Cong. 1st §§ 7005–7008. Questions of privilege Sess., Feb. 6, 1945. generally, see Ch. 11, infra. 19. Rule 4, House Supplement to ‘‘Laws 15. 44 USC § 904 (1970). and Rules for Publication of the Con- 16. See §§ 20.25, 20.26, infra; 8 Cannon’s gressional Record’’, effective Dec. 29, Precedents §§ 3462, 3479, 3480; 5 1970. Extensions withheld for such Hinds’ Precedents § 7001. reasons will be printed in succeeding 17. Rule 12 of the Joint Committee on issues, at the direction of the Public Printing, effective May 23, 1972. Printer.

402 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20 gress.(20) Newspaper or magazine made for permission for more articles, or other matter not ger- than one Member to extend re- mane to the proceedings, may be marks. Such requests may or may inserted only in the ‘‘Extensions of not be limited to certain subject Remarks’’ section, but this rule matters. For example, prior to ad- does not apply to quotations journment to a day certain,(3) or which form part of a speech of a adjournment sine die,(4) all Mem- Member, or to an authorized ex- bers are permitted to extend their ( ) tension of his own remarks. 1 In remarks.(5) Floor managers of spe- addition, any extraneous matter cific legislation are permitted to which is inserted pursuant to per- request permission for all Mem- mission granted to extend at this bers to insert their remarks rel- point in the Record, or pursuant ative to the legislation.(6) The to a request to address the House House usually grants permission for one minute prior to the morning business of the House, may be 3. § 20.32, infra. printed only in the ‘‘Extensions of 4. § 20.36, infra. ( ) Remarks’’ section. 2 5. With respect to extensions in the There are several different cir- last edition of the Record for a ses- cumstances in which requests are sion of Congress, no address, speech, or article delivered or released sub- 20. Rule 12 of the Joint Committee on sequent to the sine die adjournment Printing, effective May 23, 1972. Sec- of a session may be printed in the tion three of the same rule author- Record. Rule 1 of House Supplement izes the official reporters of the to ‘‘Laws and Rules for Publication of House or the Public Printer to return the Congressional Record’’, effective to the Member any matter submitted Dec. 29, 1970. However, committee for the Congressional Record which chairmen and ranking minority is in contravention of the provisions members frequently are permitted to of this rule. insert reports concerning the activi- 1. Rule 1 of House Supplement to ties of their respective committees in ‘‘Laws and Rules for Publication of the last edition of the Record for a the Congressional Record’’, effective session. See § 20.37, infra. Dec. 29, 1970. 6. Rule 3 of the House Supplement to 2. Rule 2 of House Supplement to ‘‘Laws and Rules for Publication of ‘‘Laws and Rules for Publication of the Congressional Record’’, effective the Congressional Record’’, effective Dec. 29, 1970. Only matter per- Dec. 29, 1970. One-minute speeches taining to the specific legislation delivered during the morning busi- may be included pursuant to this re- ness of Congress are not permitted quest. Tables and charts pertinent to to exceed 300 words. Statements ex- the legislation may be included, but ceeding this limit are printed fol- not newspaper clippings and edi- lowing the business of the day. torials.

403 Ch. 5 § 20 DESCHLER’S PRECEDENTS for all Members to extend their Member without the permis- remarks on the occasion of the sion of the House constitutes death of a Member.(7) grounds for a question of the The rules of the Joint Com- privilege of the House, and mittee on Printing provide that a the House may expunge such Member may withhold his exten- remarks from the permanent sion of remarks for a period not Record. exceeding 30 calendar days from On Aug. 27, 1940,(11) Mr. Jacob the time he has obtained permis- Thorkelson, of Montana, was rec- sion to extend.(8) Where the two ognized to state a question of Houses of Congress have, by con- privilege of the House. He intro- current resolution, authorized a duced a resolution stating that on special printing of material ex- Aug. 14, 1940, Mr. Adolph J. tracted from the Record, the Joint Sabath, of Illinois, inserted in the Committee sometimes extends the Congressional Record remarks normal 30day limit for insertions charging him with having inserted in the Record.(9) in the Record ‘‘scurrilous matter’’ and a forged letter. In addition, Extensions Requiring Consent Mr. Thorkelson alleged in the res- of House olution that the remarks had been § 20.1 A Member must have inserted by Mr. Sabath without permission from the House permission from the House. The to extend his remarks, but he House agreed by unanimous consent to permit Mr. Sabath to with- may revise his own remarks draw the word ‘‘scurrilous’’ from without obtaining permis- his extension of remarks,(12) and (10) sion. the Speaker(13) ruled that the § 20.2 The extension of re- statement of Mr. Sabath did not marks in the Record by a charge Mr. Thorkelson with having forged the letter or introduced 7. See § 20.33, infra. it knowingly, and that the state- 8. Rule 7 of the Joint Committee on ment did not constitute a matter Printing, effective May 23, 1972. of privilege.(14) 9. The Joint Committee on Printing extended the deadline for the publica- 11. 86 CONG. REC. 11046–49, 76th Cong. tion of eulogies to Dwight David Ei- 3d Sess. senhower. 115 CONG. REC. 18382, 12. Id. at p. 11048. 91st Cong. 1st Sess., July 7, 1969. 13. William B. Bankhead (Ala.). 10. A discussion of this rule appears in 14. 86 CONG. REC. 11048, 76th Cong. 3d § 19.1, supra. Sess.

404 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

The Speaker stated that the and the House, extend his re- only question of privilege remain- marks by inserting an addi- ing concerned whether Mr. Sabath tional statement in such a had obtained the permission of way as to change the mean- the House to extend his remarks ing of what was said. in the Record.(15) Mr. Sabath had On Mar. 27, 1935,(18) a discus- previously stated that if any ques- sion occurred on the floor of the tion remained, he would be will- House concerning the question of ing to withdraw his remarks from whether a Member, who has been the Record with the unanimous yielded to for the purpose of ask- consent of the House.(16) Mr. Thorkelson, however, objected to ing a question, may extend his re- that request, because he sought marks so as to include statements an opportunity to explain his posi- not made on the House floor. Mr. tion during the debate on the res- Albert E. Carter, of California, olution. At the conclusion of de- stated that Mr. Charles Kramer, bate, the resolution expunging the of California, had yielded to him remarks from the Record of Aug. for the purpose of asking a ques- 14 was agreed to by the House.(17) tion during a floor debate several days earlier Mr. Carter subse- Consent of Member Yielding quently obtained the unanimous Floor consent of the House to revise and extend his remarks, but he did § 20.3 A Member who has been not inform Mr. Kramer that he in- yielded to for the purpose of tended to alter the colloquy that asking a question may not, had occurred between them on the without the consent of the floor. Upon receiving the tran- Member controlling the floor, script of the proceedings for that day, Mr. Carter inserted in the 15. 86 CONG. REC. 11156, 76th Cong. 3d Record several additional state- Sess., Aug. 28, 1940. ments that he had not made on 16. Id. at 11153. the floor. When the transcript was 17. Id. at 11158. See 80 CONG. REC. later submitted to Mr. Kramer, he 7019–21, 74th Cong. 2d Sess., May 11, 1936, for an example of an occa- realized that Mr. Carter had not sion on which the House refused to made those statements during de- agree to a resolution to expunge bate, and crossed them out before from the Record remarks which the returning them to the printer. Mr. proponent contended had been inserted in the Record without the per- 18. 79 CONG. REC. 4541, 74th Cong. 1st mission of the House. Sess.

405 Ch. 5 § 20 DESCHLER’S PRECEDENTS

Carter contended that Mr. Kra- requests to insert materials mer had no right to delete those in the Record prior to the remarks from the Record because reading and approval of the they had been inserted as a result Journal. of his having received the unani- On Sept. 19, 1962,(20) prior to mous consent of the House to re- the completion of the reading of vise and extend his remarks. Mr. the Journal, Mr. Carl Albert, of Kramer then requested the opin- Oklahoma, requested unanimous ion of the Chair as to whether a consent to insert in the appendix Member who was yielded to for of the Record his own remarks the purpose of asking a question and a letter from the Secretary of is permitted to extend his re- State addressed to the Speaker of marks so as to include additional the House. The Speaker (1) refused statements. The Speaker (19) re- to entertain such a request until sponded as follows: after the Journal had been read He must have the consent of the and acted upon. Speaker and of the Member, if he is undertaking to change the Import of § 20.5 Brief remarks of a Mem- what a Member said who had ad- ber, who receives permission dressed the House. The Chair states from the House to extend his that a Member making a revision must remarks following the ap- have the consent of the Member who proval of the Journal, will be has yielded to him in order to make placed in the Record before the correction, especially if the correction is such as to change the import of the business of the day, but the question which he has asked. not necessarily immediately The Speaker, in response to a fur- following the approval of the ther parliamentary inquiry, stated Journal. that a Member who has yielded On Oct. 25, 1967,(2) the House may not, however, strike out re- agreed to a unanimous-consent remarks that were actually made on quest that Mr. Philip Burton, of the floor by a Member to whom he California, be permitted to extend had yielded. his remarks following the approval of the Journal. The fol- Requests to Extend 20. 108 CONG. REC. 19940, 87th Cong. § 20.4 The Speaker will not en- 2d Sess. tertain unanimous-consent 1. John W. McCormack (Mass.). 2. 113 CONG. REC. 30022, 90th Cong. 19. Joseph W. Byrns (Tenn.). 1st Sess.

406 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20 lowing proceedings then occurred 300-word limitation appear fol- concerning that request: lowing the business of the day in

MR. [DURWARD G.] HALL [of Mis- the portion of the Record devoted souri]: Mr. Speaker, parliamentary in- thereto. quiry. THE SPEAKER PRO TEMPORE: (3) The § 20.6 The Speaker has recog- gentleman will state his parliamentary nized Members to extend inquiry. their remarks ‘‘at this point MR. HALL: A most unusual request has been granted, I full well agree, by in the Record’’ regardless of unanimous consent, for a gentleman to the number of words on extend his remarks after the reading of those occasions when there the Journal. Does that mean anywhere after the Journal for this date certain? was no legislative program THE SPEAKER PRO TEMPORE: After for the day. the approval of the Journal. On Feb. 6, 1945,(5) the following MR. HALL: My inquiry is, was the parliamentary inquiry and re- gentleman granted unanimous consent (6) to insert his remarks today in the sponse by the Speaker occurred: Record, which will be delivered tomor- MR. [ROBERT F.] RICH [of Pennsyl- row, at any time after the reading of vania]: I wish to ask the Chair how it the Journal today? is that if a Member on this side asks THE SPEAKER PRO TEMPORE: It was for a minute in which to address the a 1-minute speech, and it will be print- House he is permitted to insert 300 ed in the Record after approval of the words or less, but that when some Journal. Members on the other side of the aisle MR. HALL: I thank the Chair. make similar requests they are per- The remarks of Mr. Burton were mitted to put in 71⁄2 pages, or some printed in the Record for Oct. 25, 8,000 words? How does the discrimina- 1967,(4) following a number of tion come about? other one-minute speeches. This THE SPEAKER: There is no discrimi- group of one-minute speeches was nation because there was no legislative printed subsequent to the ap- program on yesterday and anyone had the right to extend his remarks ‘‘at proval of the Journal and mes- [that] point’’ in the Record. sages from the President and the Senate, and prior to the business § 20.7 The Speaker, while a of the day. motion to discharge a com- Parliamentarian’s Note: Exten- mittee is pending, declines to sions of remarks which exceed the recognize a Member who

3. Roman C. Pucinski (Ill.). 5. 91 CONG. REC. 839, 79th Cong. 1st 4. 113 CONG. REC. 29915, 90th Cong. Sess. 1st Sess. 6. Sam Rayburn (Tex.).

407 Ch. 5 § 20 DESCHLER’S PRECEDENTS

wishes to request unanimous On July 21, 1947,(11) the House consent to extend his re- was considering a motion to sus- ( ) marks. pend the rules and pass a bill 12 to make unlawful the requirement (7) On June 11, 1945, the House for the payment of a poll tax as a was considering a motion to dis- prerequisite to voting in a pri- charge the Committee on Rules mary or other election for national from further consideration of a officers. During the debate on the resolution (8) providing for the con- motion Mr. Thomas Pickett, of sideration of a bill (9) making un- Texas, sought recognition for the lawful the requirement for the purpose of making a unanimous- payment of a poll tax as a pre- consent request to insert mate- (13) requisite to voting in a primary’ or rials in the Record. The Speak- er (14) refused to recognize Mr. other election for national officers. Pickett for such a purpose at that After the Clerk read the resolu- time, and stated that the request tion, Mr. John E. Rankin, of Mis- should be made immediately fol- sissippi, requested unanimous lowing the vote on the motion to consent to extend his remarks at suspend the rules. that point in the Record. The Speaker (10) replied that the Chair § 20.9 Immediately subsequent could not recognize Members to to the agreement by the extend their remarks until the House to a motion to dis- pending motion to discharge the charge a committee from the Committee on Rules had been dis- consideration of a bill, the posed of. Speaker announced the intention of the Chair to enter- § 20.8 The Speaker, while a tain unanimous-consent re- motion to suspend the rules quests for extensions of re- was pending, refused to rec- marks, without interfering ognize a Member who wished with the right of a Member to request permission from to move that the House re- the House to insert materials solve itself into the Com- in the Record. mittee of the Whole.

7. 91 CONG. REC. 5892, 79th Cong. 1st 11. 93 CONG. REC. 9522, 80th Cong. 1st Sess. Sess. 8. H. Res. 139, 79th Cong. 1st Sess. 12. H.R. 29, 80th Cong. 1st Sess. (1947). (1945). 13. 93 CONG. REC. 9525, 80th Cong. 1st 9. H.R. 7, 79th Cong. 1st Sess. (1945). Sess. 10. Sam Rayburn (Tex.). 14. Joseph W. Martin, Jr. (Mass.).

408 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

On Apr. 26, 1948,(15) the House request that a Member be permitted to agreed to a motion to discharge extend his remarks in the Record, is it proper to move that he be permitted to the Committee on Agriculture extend his remarks? from further consideration of a (4) bill to repeal the tax on oleo- The Speaker replied that the motion to permit an extension of margarine.(1) Immediately after remarks is not a privileged mo- the vote the Speaker, Joseph W. tion. Martin, Jr. of Massachusetts, made the following announce- In Committee of the Whole ment: Without interfering with the rights § 20.12 The Committee of the of the gentleman from South Carolina Whole lacks the power to to move to go into the Committee of permit the inclusion of extra- the Whole, the Chair will entertain neous materials in an exten- consent requests for extensions of remarks only. sion of remarks. § 20.10 The Chairman of the § 20.13 The Committee of the Committee of the Whole may Whole can permit a Member recognize a Member who has to revise and extend only his spoken to revise and extend own remarks, and excerpts his own remarks.(2) from other materials are considered extraneous and not Motions to Extend part of the Member’s own remarks even though they may § 20.11 A motion to permit a be relevant to the subject Member to extend his re- under consideration. marks in the Record is not a On Apr. 14, 1937,(5) during the privileged motion. debate on a bill (6) to amend the On Feb. 8, 1950,(3) the following Interstate Commerce Act, the fol- parliamentary inquiry was made: lowing exchange occurred con-

MR. [CLARE E.] HOFFMAN of Michi- cerning a unanimous-consent re- gan: If I object to a unanimous-consent quest: MR. [WALTER M.] PIERCE [of Or- 15. 94 CONG. REC. 4841, 80th Cong. 2d egon]: Mr. Chairman, I ask unanimous Sess. 1. H.R. 2245, 80th Cong. 2d Sess. 4. Sam Rayburn (Tex.). (1948). 5. 81 CONG. REC. 3463, 75th Cong. 1st 2. See § 20.14, infra. Sess. 3. 96 CONG. REC. 1661, 81st Cong. 2d 6. H.R. 1668, 75th Cong. 1st Sess. Sess. (1937).

409 Ch. 5 § 20 DESCHLER’S PRECEDENTS

consent that I may have the privilege entertain a unanimous-con- of revising and extending my remarks sent request by a Member to and including therein such letters and telegrams as I have here denying or re- revise and extend his own re- pudiating their appearance as pro- marks, but a request to in- ponents of the Pettengill bill. clude an article, even one THE CHAIRMAN: (7) The Chair will re- written by another Member, mind the gentleman from Oregon that is in order only in the House the request to extend his own remarks to include extraneous matter must be and not in the Committee of submitted in the House and not in the Whole. Committee of the Whole. During the debate on the Legis- MR. [ALFRED L.] BULWINKLE [of lative Reorganization Act of North Carolina]: Mr. Chairman, a 1970 (8) in the Committee of the point of order. Is this extraneous matter? It is matter that is very pertinent, Whole, Mr. Frederick Schwengel, in the opinion of the majority. of Iowa, requested unanimous THE CHAIRMAN: It is the under- consent to insert in the Record an standing of the Chair that in Com- article written by a House col- mittee of the Whole a Member may ex- league on the subject of minority tend his own remarks but may not in- staffing.(9) At this point in the de- clude therein any extracts from other bate the following exchange oc- matters than his own particular re- curred: marks. MR. BULWINKLE: Except what he has THE CHAIRMAN [William H. Natcher, read? of Kentucky]: Is the statement that the THE CHAIRMAN: Of course, what he gentleman is requesting to be printed has already read is in the Record, or in the Record his own statement? supposed to be. MR. SCHWENGEL: Yes. MR. BULWINKLE: I wish to call attention to the fact that this is not extra- 8. H.R. 17654, 91st Cong. 2d Sess. neous matter, Mr. Chairman. (1970). See for debate 116 CONG. THE CHAIRMAN: It is the opinion of REC. 24586, 91st Cong. 2d Sess., the Chair that the inclusion of tele- July 16, 1970. grams, letters, or other writings other 9. The text of the proceedings sur- than those actually read in Committee rounding this unanimous-consent re- of the Whole will have to be inserted in quest by Mr. Schwengel was printed the Record with the consent of the in the daily edition of the Record for House and not the Committee of the July 16, 1970. Permission to insert Whole. the article was obtained at a later time in the House, and the perma- § 20.14 The Chairman of the nent edition of the Record contains a Committee of the Whole will reprint thereof. 116 CONG. REC. 24591, 91st Cong. 2d Sess., July 16, 7. J. Mark Wilcox (Fla.). 1970.

410 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

THE CHAIRMAN: Without objection, it MR. [FRANCIS D.] CULKIN [of New is so ordered. York]: Mr. Chairman, I ask unanimous MR. [WAYNE L.] HAYS [of Ohio]: Mr. consent to extend my remarks in the Chairman, a parliamentary inquiry. Record, if the request is in order at THE CHAIRMAN: The gentleman from this time, and to include in the exten- Ohio will state his parliamentary in- sion copies of resolutions of various ag- quiry. ricultural bodies and other organiza- MR. HAYS: I thought the gentleman tions of the United States protesting said that it was the statement of some- against these reciprocal tariff treaties. body else. MR. [CLIFTON A.] WOODRUM [of Vir- ginia]: Mr. Chairman, I make the point MR. SCHWENGEL: It is. that cannot be done in Committee. THE CHAIRMAN: The Chair inquired (12) of the gentleman if it was his own THE CHAIRMAN: The Chair will statement. Is it the statement of the invite the gentleman’s attention to the gentleman in the well? fact he has not spoken on the bill, and such permission would have to be MR. SCHWENGEL: It is not. granted in the House rather than in THE CHAIRMAN: Then the gentleman Committee of the Whole. from Iowa will have to request permission for that statement to be printed in § 20.16 Although a Member the Record when we go back in the House. may not obtain permission in MR. SCHWENGEL: At the proper time the Committee of the Whole I will make that request. to extend his remarks so as to include extraneous mate- § 20.15 A unanimous-consent rials, he may be permitted to request to extend remarks in read those extraneous mate- the Record by incorporating rials if he is yielded time and extraneous materials, by a the Committee consents. Member who has not spoken (13) on the bill under consider- On Apr. 18, 1944, during the ation in the Committee of the debate in the Committee of the Whole on a bill to extend lend Whole, is in order only in the lease,(14) Mr. Clare E. Hoffman, of House and not in the Com- Michigan, requested permission mittee of the Whole. from the Committee to extend his On Jan. 23, 1936,(10) during the remarks and insert several letters consideration of the Supplemental in the Record. The Chairman (15) Appropriations Bill of 1936,(11) the following proceedings occurred: 12. Jere Cooper (Tenn.). 13. 90 CONG. REC. 3558, 78th Cong. 2d 10. 80 CONG. REC. 950, 74th Cong. 2d Sess. Sess. 14. H.R. 4254, 78th Cong. 2d Sess. 11. H.R. 10464, 74th Cong. 2d Sess. (1944). (1936). 15. Warren G. Magnuson (Wash.).

411 Ch. 5 § 20 DESCHLER’S PRECEDENTS refused Mr. Hoffman’s request, amendment that I would offer if I had and stated that such permission the opportunity to do so at the appro- would have to be obtained from priate time. . . . the House. Mr. Hoffman then re- Therefore, Mr. Chairman, I ask unanimous consent to attach my pro- quested the opinion of the Chair- posed amendment as a part of my re- man as to whether he could read marks. those letters into the Record. The THE CHAIRMAN: (18) The Chair wishes Chairman replied that if Mr. Hoff- to inquire if the statement is the gen- man were yielded time the letters tleman’s own statement? could be read with the consent of MR. MCCLORY: Yes; it is my own the Committee of the Whole. statement. It relates to an amendment that I would offer if I had an oppor- § 20.17 The Committee of the tunity to offer it. It merely qualifies the acquiescence of the Congress with Whole agreed by unanimous respect to this legislation, with the pro- consent to permit a Member viso that is contained in the proposed to insert in the Record as amendment, which I have explained. part of his remarks the text The unanimous-consent request of an amendment he had was agreed to by the Committee drafted, but which could not of the Whole, and the text of the be submitted for consider- amendment was printed in the ation under a closed rule. Record following the remarks of On Aug. 31, 1965,(16) during the Mr. McClory.(19) consideration of a bill providing for the implementation of the § 20.18 A unanimous-consent Automotive Products Trade Act of request to permit all Mem- 1965,(17) the following exchange bers five days to revise and occurred concerning a unanimous- extend their remarks on a consent request: particular subject is not in

MR. [ROBERT] MCCLORY [of Illinois]: order in the Committee of . . . Now, Mr. Chairman, I had in- the Whole. tended to offer an amendment, if the On Sept. 19, 1967,(20) during the rule were an open rule and if we had (1) the opportunity to offer such an debate on a bill to amend the amendment. However, I do ask leave to attach at 18. Harold D. Donohue (Mass.). the conclusion of my remarks the 19. 111 CONG. REC. 22385, 89th Cong. 1st Sess. 16. 111 CONG. REC. 22385, 89th Cong. 20. 113 CONG. REC. 26032, 90th Cong. 1st Sess. 1st Sess. 17. H.R. 9042, 89th Cong. 1st Sess. 1. H.R. 6418, 90th Cong. 1st Sess. (1965). (1967).

412 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

Public Health Service Act, the fol- § 20.20 A Member cannot ex- lowing exchange occurred: tend his remarks so as to in-

MR. [ANDREW] JACOBS [Jr., of Indi- sert in the Record anything ana]: Mr. Chairman, I detect a strange that could not be stated on change in the nature of debate on this the House floor. subject today from the one that took On July 3, 1946,(4) the Speak- place a few days ago. . . . I am won- (5) dering if this is not because the subject er called to the attention of the has come up suddenly as an amend- House the fact that several Mem- ment rather than as a bill that was an- bers had recently extended their nounced ahead of time. . . . Therefore, remarks so as to insert language I ask unanimous consent that all Mem- that reflected adversely on a bers have 5 legislative days in which to Member or Members of the Sen- revise and extend. . . . ate. The following parliamentary MR. [BURT L.] TALCOTT [of Cali- inquiry was then made: fornia]: Mr. Chairman, I object. THE CHAIRMAN: (2) That request is MR [JOHN W.] MCCORMACK [of Mas- properly made in the House and not in sachusetts]: In other words, Mr. Speak- the Committee of the Whole. Objection er, under the rules no Member can in- is not necessary. sert in the Appendix of the Record under Extension of Remarks that which could not be stated on the floor Unparliamentary Insertions of the House. § 20.19 The insertion in the The Speaker responded affirma- Record of unparliamentary tively to the parliamentary in- remarks is sufficient to raise quiry. a question of the privilege of § 20.21 It is a violation of the the House. rule of comity between the This ruling, which was rendered two Houses for a Member to on Sept. 5, 1940, is discussed else- insert in the Record an edi- where in this chapter.(3) torial critical of a Member of the Senate. 2. Jack B. Brooks (Tex.). (6) 3. See § 17.1, supra. See § 17.4, supra, On June 25, 1956, Speaker for an occasion on which Speaker Sam Rayburn, of Texas, made the Sam Rayburn (Tex.) declined to rule following announcement: on a question of personal privilege arising from the insertion in the 4. 92 CONG. REC. 8299, 79th Cong. 2d Record of allegedly unparliamentary Sess. remarks because the transcript of 5. Sam Rayburn (Tex.). the insertion had not been submitted 6. 102 CONG. REC. 10924, 84th Cong. for his inspection. 2d Sess.

413 Ch. 5 § 20 DESCHLER’S PRECEDENTS

There has always existed complete Limitations on Extraneous comity between the Senate and the Matter House of Representatives. The rules of the House provide that no Member of § 20.23 A Member who has se- the House shall criticize a Senator on the floor of the House. It has been cured unanimous consent to called to the attention of the Chair address the House for one that in recent days editorials highly minute and revise and ex- critical of Members of the other body tend his remarks may not have been placed in the Record. That without the consent of the is a violation of the rules. As far as the present occupant of the Chair is con- House include in such re- cerned, he is not going to tolerate it marks extraneous matter any more. such as a speech made by another person. § 20.22 The Speaker an- (9) nounced that extensions of On Jan. 18, 1946, Mr. Emer- remarks should be submitted son H. De Lacy, of Washington, to the Chair if there is any requested and received unanimous question as to whether they consent to address the House for one minute, and to revise and ex- refer adversely to Members tend his remarks. At the conclu- of the Senate. sion of his remarks on the House ( ) On July 3, 1946, 7 the Speak- floor, Mr. De Lacy requested ( ) er 8 made the following an- unanimous consent to insert a nouncement: speech delivered by an Under Sec- The Chair has had called to his at- retary of Commerce. When this tention in the last few days some ex- request was objected to, Mr. John tensions of remarks by Members of the J. Cochran, of Missouri, made the House that the Chair thinks are a re- following point of order: flection on a Member or Members of the Senate. The Chair trusts that that Mr. Speaker, a point of order. The does not happen any more. If there is gentleman from Washington arose and any question as to whether or not an asked permission of the Chair to speak extension of remarks refers to a Mem- for 1 minute and to revise and extend ber of the Senate in any way that his remarks. That permission was might be offensive to him, the Chair granted. I take the position that under hopes the matter will be submitted to that request to address the House for the Chair before the remarks go to the 1 minute and to revise and extend his printer. remarks the gentleman has a right to include what he desires in the Record. 7. 92 CONG. REC. 8299, 79th Cong. 2d Sess. 9. 92 CONG. REC. 129, 79th Cong. 2d 8. Sam Rayburn (Tex.). Sess.

414 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

The Speaker pro tempore (10) ruled Whole pursuant to a special order as follows: that limited debate to the subject (11) The Chair is of the opinion that the matter of the bill. The House unanimous-consent request to speak had agreed to a unanimous-con- for 1 minute and to revise and extend sent request permitting all Mem- his remarks related to the remarks bers to have five legislative days that the gentleman from Washington in which to extend their own re- might make during the period that he marks in the Record on the bill. addressed the House and that it did On Apr. 27, 1936,(12) an inquiry not include any specific extraneous matter which might be in addition to was made in the House con- what he said himself or what he might cerning the extent to which a add as his own remarks. The Chair, of Member who extends his remarks course, was hopeful that the unani- on the bill in the Committee of mous-consent request to include this the Whole pursuant to the unani- specific matter would not be objected mous-consent request can deviate to. With reference to the point of order from the subject matter of the bill made by the gentleman from Missouri, the Chair must rule that . . . the and whether extraneous materials unanimous-consent request of the gen- such as letters, editorials, or arti- tleman from Washington did not in- cles can be inserted. The pro- clude the specific matter which has ceedings were in part as follows: previously been referred to. MR. [CARL E.] MAPES [of Michigan]: § 20.24 A Member who extends . . . My inquiry is, is there any limitation upon the right of a Member to ex- his remarks pursuant to an tend his remarks made in the Com- expression of unanimous mittee of the Whole on any subject or consent by the House permit- in any way he sees fit, and if there is, ting Members to extend their what the limitation is, keeping in mind own remarks on a specific the special order of the House that debate be confined to the bill, which I as- bill, must confine his resume carries with it the assumption marks to the subject matter that extensions of remarks shall also of the bill and must not in- be confined to the bill? . . . clude extraneous materials THE SPEAKER: (13) After all, the Chair such as letters, editorials or must be guided by the rule of reason. articles. Under the circumstances under which the bill is being considered, if we ad- In the 74th Congress, debate on the Revenue Bill of 1936 was con- 11. See 80 CONG. REC. 6204, 74th Cong. ducted in the Committee of the 2d Sess., Apr. 27, 1936. 12. Id. 10. John W. McCormack (Mass.). 13. Joseph W. Byrns (Tenn.).

415 Ch. 5 § 20 DESCHLER’S PRECEDENTS

here to the orders of the House debate the answer of the Chair to mean that must be confined to the subject matter matters that are clearly extraneous to of the bill, and any debate which does the tax bill cannot be included in ex- not confine itself to the subject matter tension of remarks, even though they of the bill or which is not in some way are the Member’s own statements. related to the tax matters under con- THE SPEAKER: That is true. Of sideration would not be in order. course, as the Chair intimated at the The Chair does not think the Com- outset, it is largely a matter of committee of the Whole House on the state mon sense in the application of the of the Union, under the orders pre- rule and its construction. viously made, and to which the gentleman from Michigan [Mr. MAPES] § 20.25 A Member who has ob- has referred, would have the right to tained permission from the permit the inclusion of articles, edi- House by unanimous consent torials in newspapers, or magazine ar- to extend his remarks in the ticles as a part of one’s remarks, unless specific permission has been ob- Record cannot insert extra- tained from the House for that pur- neous materials that were pose. not designated in the re- Under the [unanimous-consent] request. quest . . . all Members of the House (14) have 5 legislative days within which to On Feb. 21, 1936, Mr. extend their own remarks in the Bertrand H. Snell, of New York, Record. The Chair calls attention of made a motion to expunge from the House to the fact that the request the Record materials that had was so worded and so granted, as ap- been inserted in the Record on pears in the Record, so as to limit such Feb. 19, 1936, by Mr. Marion A. extensions to the subject of the tax bill. It is clear to the Chair that if any Zioncheck, of Washington, and Member desires to insert editorials, ar- which had not been specified in ticles in newspapers and magazines, or the unanimous-consent request to any matter other than the remarks ut- extend that had been agreed to by tered by him on the floor he would the House. Two days earlier, Mr. have to secure that permission from Zioncheck made three unanimous- the House. The Committee of the Whole has no power to authorize the consent requests to extend his re- extension of matters which do not in marks and to include the text of some way relate to the tax bill under certain House resolutions. An ob- discussion. jection was raised each time.(15) Does that answer the gentleman’s parliamentary inquiry? 14. 80 CONG. REC. 2537, 74th Cong. 2d MR. MAPES: Mr. Speaker, I think the Sess. Chair has answered the question as 15. 80 CONG. REC. 2372, 2400, 74th definitely as it can be answered. I take Cong. 2d Sess.

416 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

Subsequently Mr. Zioncheck made Member desires to quote or to include the following request: in his remarks statements of the kind referred to, specific authority should be Then Mr. Speaker. I ask unanimous asked of the House and should be ob- consent to extend my own remarks in tained before that insertion is made. the Record. To that request no objection was § 20.26 A Member who has ob- made. Mr. Zioncheck, however, in tained permission from the extending his remarks in the House by unanimous consent Record, did include a quotation to extend his remarks in the from one of the resolutions to Record and include a news- which he had referred in the three paper article cannot insert a earlier requests that had been ob- letter, and such an unauthor- jected to. ized insertion gives rise to the question of privilege. The Speaker,(16) prior to submitting the motion to a vote, cited the On July 6, 1942,(18) Mr. Sol well-established principle that au- Bloom, of New York, received per- thorizations to extend remarks in mission from the House to extend the Record are strictly construed. his remarks and include therein a He added that it is not in order newspaper article. The extension under leave to print to insert of remarks by Mr. Bloom that ap- other material than that des- peared in the appendix to the ignated in the request,(17) and daily edition of the Congressional commented: Record for July 9, 1942, however, contained a letter from a con- The Chair thinks the request for permission to extend remarks should and stituent, which was not mentioned must apply only to the remarks of the in the unanimous-consent request. gentleman who makes the request, and On July 13, 1942,(19) Mr. John E. that it does not authorize the insertion Rankin, of Mississippi, who had of newspaper articles or any other mat- been recognized on a question of ter outside of his own remarks. If a the privileges of the House, of- 16. Joseph W. Byrns (Tenn.). fered a resolution to strike the re- 17. 8 Cannon’s Precedents § 3479. For marks of Mr. Bloom from the per- several more recent examples of this manent edition of the Record, and principle see 95 CONG. REC. 12344, to prohibit the Public Printer from 81st Cong. 1st Sess., Aug. 26, 1949; 89 CONG. REC. 10958, 78th Cong. 1st 18. 88 CONG. REC. 5991, 77th Cong. 2d Sess., Dec. 21, 1943; 80 CONG. REC. Sess. 9250, 74th Cong. 2d Sess., June 8, 19. 88 CONG. REC. 6102, 77th Cong. 2d 1936. Sess.

417 Ch. 5 § 20 DESCHLER’S PRECEDENTS issuing copies thereof from the editorial that had been reprinted daily edition of the Record.(20) The as part of the remarks of Mr. House agreed to the resolution.(1) Larcade.(3) The following day Mr. Hoffman § 20.27 The Public Printer re- made a parliamentary inquiry in fused to print a Member’s ex- which he expressed dissatisfaction tension of remarks in the with the policy that permitted the Record because those re- Public Printer to exclude from the Record three pages of his own remarks included a newspaper marks because they contained an editorial that had been print- editorial previously printed, and ed in the Record as part of requested the opinion of the Chair the remarks of another Mem- as to what might be done about ber. that policy. The Speaker (4) ad- On Sept. 26, 1949,(2) Mr. Henry vised Mr. Hoffman that the matter was entirely within the juris- D. Larcade, Jr., of Louisiana, and diction of the Joint Committee on Mr. Clare E. Hoffman, of Michi- Printing, and that it should be gan, received the unanimous con- taken up there.(5) sent of the House to extend their remarks and include a newspaper § 20.28 The Speaker will de- editorial. The remarks of Mr. cline to recognize a Member Larcade along with a newspaper who wishes to obtain permis- editorial appeared in the appendix sion to insert in the Record of the Record of Sept. 26, 1949. materials for which such per- The remarks of Mr. Hoffman, mission has already been ob- however, did not appear in the tained from the House by an- Record of that date, and were re- other Member, but which turned to Mr. Hoffman by the have not as yet appeared in Public Printer along with a letter the Record. explaining that his remarks had On Nov. 17, 1943,(6) the fol- not been printed in the Record be- lowing proceedings occurred: cause they contained the same 3. The letter from the Public Printer to 20. H. Res. 518, 77th Cong. 2d Sess. Mr. Hoffman is reprinted at 95 (1942). CONG. REC. 13361, 81st Cong. 1st 1. For further illustrations of this prin- Sess., Sept. 27, 1949. ciple, see 8 Cannon’s Precedents 4. Sam Rayburn (Tex.). § 3479 and 5 Hinds’ Precedents 5. 95 CONG. REC. 13361, 81st Cong. 1st § 7001. Sess., Sept. 27, 1949. 2. 95 CONG. REC. 13273, 81st Cong. 1st 6. 89 CONG. REC. 9626, 78th Cong. 1st Sess. Sess.

418 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20

MR. [CLARE E.] HOFFMAN [of Michi- cerning the appropriate procedure gan]: Mr. Speaker, I ask unanimous to be followed in appealing a rul- consent to extend my remarks in the Record and to print therewith a radio ing of the Joint Committee on address delivered by the gentleman Printing. The proceedings were as from Texas [Mr. Patman] on Monday follows: night. MR. [JOHN E.] RANKIN [of Mis- THE SPEAKER: (7) That has already sissippi]: Mr. Speaker, a parliamentary been printed. inquiry. MR. HOFFMAN: It has not been print- (9) ed in the Record. THE SPEAKER: The gentleman will state it. THE SPEAKER: Consent has been given, and the Chair would not like to MR. RANKIN: On yesterday I asked entertain a request to reprint it. and received unanimous consent to ex- MR. HOFFMAN: I do not want to re- tend my remarks in the Record and to print it. With all due deference, Mr. include a very fine and a very valuable Speaker, we were expecting to get that report on spies issued by the Com- radio address today. I had it yesterday. mittee on Un-American Activities. The THE SPEAKER: The gentleman from Government Printing Office informs Texas [Mr. Patman] has asked unani- me that there is a ruling by the Joint mous consent to place it in the Record. Committee on Printing that Govern- MR. HOFFMAN: But he did not print ment documents which have already it. been printed cannot go into the Record. THE SPEAKER: That is in the hands I wish to know if it is necessary to of the gentleman from Texas. take any steps other than to appeal to the Joint Committee on Printing. Appeals There is nothing the House can do about it, as I understand. § 20.29 An appeal from a ruling THE SPEAKER: The Chair under- of the Joint Committee on stands that is the proper procedure. Printing prohibiting the in- MR. RANKIN: To appeal to the Joint Committee on Printing? sertion in the Record of a THE SPEAKER: Yes. government document which MR. RANKIN: I thank the Speaker. has already been printed is within the jurisdiction of the § 20.30 Appeals from a decision Joint Committee and not the by the Public Printer not to House. print a Member’s remarks On Mar. 29, 1949,(8) a par- because those remarks in- liamentary inquiry was made concluded an editorial previously printed in the Record 7. Sam Rayburn (Tex.). are within the sole jurisdic- 8. 95 CONG. REC. 3396, 81st Cong. 1st Sess. 9. Sam Rayburn (Tex.).

419 Ch. 5 § 20 DESCHLER’S PRECEDENTS

tion of the Committee on The matter is entirely up to the Printing, and not the House. Joint Committee on Printing. The Chair would suggest that the gen- On Sept. 27, 1949,(10) Mr. Clare tleman take it up with the Joint Com- E. Hoffman, of Michigan, rose to a mittee on Printing, because they are parliamentary inquiry. He stated the policy makers with reference to matters of this kind. that although he had, on the previous day, secured permission § 20.31 Under the rules of the from the House to extend his own Joint Committee on Printing, remarks in the Record and insert a Member who requests the a newspaper editorial, those re- unanimous consent of the marks had not been printed in the House to insert in the Record Record. He read to the House a remarks including extra- letter he had received from the neous matter in excess of Public Printer stating that his re- two printed Record pages, marks had not been printed in the must submit coincident with Record because they included an that request the estimate in editorial which had already been writing from the Public printed in conjunction with the re- Printer of the probable cost marks of another Member. Mr. of publishing those remarks. Hoffman then continued his re- (12) marks as follows: On Apr. 18, 1939, Mr. John M. Houston, of Kansas, stated That course is commendable where that he had in his possession an the second extension is merely a dupli- estimate of the probable cost of cation, but in this particular case, Mr. Speaker, I had three pages of my own printing an address by a former remarks. Now, just because I quote Member of the House, and re- from an editorial, or use something quested unanimous consent that that someone else has used, is no rea- he be permitted to insert it in the son why a gentleman down in the Record notwithstanding the esti- Printing Office should take it upon mate of cost, and the fact that its himself to censor or exclude a part of length exceeded two printed my remarks from the Record. Record pages. The Speaker, Wil- My parliamentary inquiry . . . is, liam B. Bankhead, of Alabama, what do I do about this situation? after quoting from the rules of the ( ) The Speaker 11 responded as fol- Joint Committee on Printing,(13) lows: 12. 84 CONG. REC. 4403, 76th Cong. 1st 10. 95 CONG. REC. 13361, 81st Cong. 1st Sess. Sess. 13. The current rule 12 of the Joint 11. Sam Rayburn (Tex.). Committee on Printing, which is

420 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20 called for any objections. There those frequently agreed to just was no objection. prior to an adjournment to a day certain: During Adjournment to Day Certain MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I ask unanimous consent § 20.32 The House frequently that notwithstanding the adjournment agrees by unanimous consent of the House until April 22, 1968, all Members of the House shall have the to permit Members to extend privilege to extend and revise their their remarks and make in- own remarks in the Congressional sertions in the section of the Record on more than one subject, if Record entitled ‘‘Extensions they so desire, and may also include of Remarks’’ in those edi- therein such short quotations as may tions of the Record sched- be necessary to explain or complete such extension of remarks; but this uled for publication during order shall not apply to any subject an adjournment of Congress matter which may have occurred or to to a day certain. any speech delivered subsequent to the On Apr. 10, 1968,(14) the House said adjournment. agreed to a unanimous-consent request which was similar (15) to On Occasion of Death of Mem- ber similar to the rule in effect at the time of this unanimous-consent re- § 20.33 The House, on the occa- quest, reads in part as follows: ‘‘No sion of the death of a Mem- extraneous matter in excess of two ber, frequently agrees by printed Record pages, whether print- unanimous consent to permit ed in its entirety in one daily issue or in two or more parts in one or all Members who desire to do more issues, shall be printed in the so to revise and extend their Congressional Record unless the remarks and include extra- Member announces, coincident with neous material in the Record the request for leave to print or ex- and in the section entitled tend, the estimate in writing from ‘‘Extension of Remarks.’’ the Public Printer of the probable cost of publishing the same.’’ Rule 12 On Mar. 2, 1970,(16) the House, of the Joint Committee on Printing, as it has on other occasions after effective May 23, 1972. 14. 114 CONG. REC. 9621, 90th Cong. 2d 28919, 91st Cong. 2d Sess., Aug. 14, Sess. 1970; and 114 CONG. REC. 25065, 15. For other recent examples see 116 90th Cong. 2d Sess., Aug. 2, 1968. CONG. REC. 36650, 91st Cong. 2d 16. 116 CONG. REC. 5456, 91st Cong. 2d Sess., Oct. 14, 1970; 116 CONG. REC. Sess.

421 Ch. 5 § 20 DESCHLER’S PRECEDENTS the death of a Member,(17) agreed and include extraneous matter, to the following unanimous-con- notwithstanding the fact that it sent request: exceeded the two-page limit and was estimated by the Public MR. [CARL] ALBERT [of Oklahoma]: Printer to cost $270. The House Mr. Speaker, I ask unanimous consent that all Members who desire to do so agreed to both aspects of the re- may have permission today to revise quest. and extend their remarks and include extraneous material in the Record and § 20.35 On one occasion, when also in that portion of the Record enti- the House adjourned out of tled ‘‘Extensions of Remarks.’’ respect to a deceased Mem- ber, in addition to granting § 20.34 The rule of the Joint the customary permission for Committee on Printing that all Members to extend their requires a Member to submit remarks in the Appendix of an estimate of the cost of the Record, the House printing an insertion exceed- agreed, by unanimous con- ing two pages in length has sent, to permit Members who been applied to remarks in- had obtained special orders serted in the Record on a to extend their remarks in day devoted to eulogies for the body of the Record, and deceased Members. to permit Members who had On Oct. 9, 1962,(18) a day de- spoken on legislative matters voted to eulogies for a deceased that day to revise and extend Member, Mr. Carl Albert, of Okla- their remarks and include homa, requested the unanimous extraneous matters. consent of the House that all On Sept. 16, 1961,(19) a day on Members be permitted to extend which the House adjourned out of their remarks in the Appendix of respect to a deceased Member, the the Record and include extraneous House agreed, by unanimous con- matter. In addition, Mr. Albert sent, to permit all Members to ex- made a special request that Mr. tend their remarks in the Appen- John R. Pillion, of New York, be dix of the Record and to include permitted to extend his remarks extraneous matters. The House also agreed to a request by the 17. For a recent example see 108 CONG. Speaker pro tempore (20) that REC. 8, 87th Cong. 2d Sess., Jan. 10, 1962. 19. 107 CONG. REC. 19812, 87th Cong. 18. CONG. REC. (daily ed.), 87th Cong. 1st Sess. 2d Sess. 20. John W. McCormack (Mass.).

422 THE HOUSE RULES, JOURNAL, AND RECORD Ch. 5 § 20 those Members who had obtained adopted near the end of a session special orders to speak on the of Congress: floor would be permitted to insert MR. [CARL] ALBERT [of Oklahoma]: their remarks in the body of the Mr. Speaker, I ask unanimous consent Record, and to the following unan- that all Members of the House have imous-consent request made by the privilege of inserting their own re- Mr. Carl Albert, of Oklahoma: marks in the Extensions of Remarks section of the Congressional Record Mr. Speaker, I ask unanimous con- and to include therewith brief related sent that all Members who spoke today extraneous material on one or more on the various conference reports and subjects; this order to be effective until other legislative matters may have publication of the last edition of the permission to revise and extend their Record authorized by the Joint Com- remarks and, if they desire to include mittee on Printing, but it shall not extraneous matter, they may have that apply to any subject matter which may permission; also that all Members may have occurred, or to any speech deliv- have 5 legislative days in which to ex- ered after adjournment of Congress. tend their remarks in the Record. § 20.37 The House, prior to the In Final Issue of Session final adjournment at the con- § 20.36 The House, just prior to clusion of a session of Con- adjournment at the end of a gress, frequently agrees by session of Congress, fre- unanimous consent to permit quently agrees by unanimous the chairman and a ranking consent to permit each Mem- minority member of each ber to extend his remarks in standing committee and sub- the Record on any subject committee to extend their re- occurring prior to adjourn- marks in the Record and to ment, until the publication of include separate summaries the last edition of the of the work of their commit- Record. tees, up until the publication date of the last volume of the On Oct. 14, 1968,(1) the House Record. agreed to a unanimous-consent re- ( ) quest similar (2) to those generally On Jan. 2, 1971, 3 the House agreed to a unanimous-consent re- 1. 114 CONG. REC. 31313, 90th Cong. 2d Sess. Dec. 15, 1967; and 112 CONG. REC. 2. For other recent examples see 116 28893, 89th Cong. 2d Sess., Oct. 22, CONG. REC. 44599, 44600, 91st Cong. 1966. 2d Sess., Jan. 2, 1971; 113 CONG. 3. 116 CONG. REC. 44600, 91st Cong. REC. 37190, 90th Cong. 1st Sess., 1st Sess.

423 Ch. 5 § 20 DESCHLER’S PRECEDENTS quest similar (4) to those fre- committees and the subcommittees of quently adopted at the final meet- the House may extend their remarks ing of a session of Congress: up to and including the publication of MR. [CARL] ALBERT [of Oklahoma]: the last Record and to include a sum- Mr. Speaker, I ask unanimous consent mary of the work of their committees; that the Chairmen of all the standing also that the ranking minority Member of such standing committee or any sub- 4. For other recent examples see 115 committee may have the same permis- CONG. REC. 40982, 91st Cong. 1st Sess., Dec. 23, 1969; 114 CONG. REC. sion to extend their remarks and to in- 31313, 90th Cong. 2d Sess., Oct. 14, clude a summary, if they desire, from 1968; and 111 CONG. REC. 28564, their point of view, separately from 89th Cong. 1st Sess., Oct. 22, 1965. that of the Chairman.

424 CHAPTER 6

Officers, Officials, and Employees

A. The Speaker § 1. Introductory § 2. Definition and Nature of Office § 3. Jurisdiction and Duties § 4. Limitations on the Speaker’s Powers § 5. Participation in Debate and Voting § 6. Power of Appointment; Legislative Authority § 7. Preserving Order on the House Floor § 8. Preserving Order in the House Galleries

B. Speaker Pro Tempore § 9. Introductory § 10. Definition and Nature of Office § 11. Oath of Office; Term of Office § 12. Designation of Speaker Pro Tempore § 13. —House Approval § 14. Election of Speaker Pro Tempore

C. House Officers § 15. Qualifications § 16. Election § 17. Oath; Compensation § 18. Duties of the Clerk § 19. Duties of the Sergeant at Arms § 20. Duties of the Doorkeeper

Commentary and editing by Roy Miller, LL.B., and Thomas J. Nicola, J.D.

425 Ch. 6 DESCHLER’S PRECEDENTS

§ 21. Duties of the Chaplain § 22. Vacancies; Selection of Successors

D. As Party Defendant or Witness § 23. In General; Immunities

E. Employment § 24. In General § 25. Creating Positions § 26. Minority Positions § 27. Compensation

INDEX TO PRECEDENTS

Addressing another Member in de- Clerk of the House, duties of —Cont. bate, §§ 7.3 et seq. calling roll in Committee of the Whole, Appointment of committees, an- § 18.5 nouncements by Speaker as to, custodian of House records, § 18.8 § 6.4 Appointment of conferees, procedure duties at commencement of Congress, for, §§ 6.14 et seq. §§ 18.1, 18.2 Benefits for former Speakers, § 2.3 forms, §§ 18.13 et seq. Bills, sponsorship of, by Speaker, furnishes identification cards for em- § 2.2 ployees, § 18.9 Chaplain absence of, §§ 21.8, 21.9 payroll duties, § 18.10 appointment of temporary, § 22.4 purchases House seal, § 18.7 election as emeritus, § 16.7 receives committee reports, § 18.16 election of, § 16.8 receives election certificates, § 18.19 election of, in uncontested vote, § 16.2 receives messages during adjournment, election of temporary appointee, § 16.9 § 18.13 prayers after death of Speaker, § 21.4 receives messages from President, prayers offered on special occasions, § 18.14 § 21.6 receives messages from Senate, § 18.15 Clerk of the House legal representation of, §§ 23.3 et seq. reports receipt of Supreme Court mes- subpena, receipt of, 23.8 sages, § 18.3 summons, receipt of, § 23.1 Committee of the Whole, appoint- Clerk of the House, duties of ment of Chairman by Speaker, § 6.1 authorized to designate an acting Committees, authority of Speaker to Clerk, § 18.18 appoint, §§ 6.3 et seq.

426 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6

Committees, filling vacancies on, by Employee compensation Speaker, §§ 6.13 et seq. adjustments in, § 27.3 Congressional Record policies, de- announcement of adjustments in, termination of, § 4.1 § 27.9 Contempt certification, Speaker’s changes affected in, by salary com- role in, §§ 3.40 et seq. parability policy, § 27.8 Criticism of Speaker in debate, pro- fixing amount of, § 27.1 cedure when, § 3.11 fixing limits on, § 27.4 Debate, controlling scope of, by Speaker, § 3.24 increasing amount of, § 27.2 Debate, control of time for, by Pre- Employee overtime compensation siding Officer, §§ 3.25 et seq. provision for payment of, § 27.6 Designation of Speaker pro tempore Employees’ payroll House approval of, §§ 13.1, 13.2 transfer of funds to, § 27.5 in writing by Speaker, § 12.2 Employment policy in writing by Speaker pro tempore, announcement of changes in, § 25.1 § 12.4 Exhibit, permission to display, in de- orally by Speaker, § 12.1 bate, § 4.10 orally by Speaker pro tempore, § 12.3 Floor privileges, enforcement of, § 7.6 withdrawal of designation, § 12.6 Galleries, control over, §§ 8.1 et seq. Doe v McMillan and immunity from Gravel v United States and immunity suit, § 23.14 from suit, § 23.13 Dombrowski v Eastland and immu- House Chamber, controlling use of nity, § 23.10 §§ 7.16 et seq. Doorkeeper House floor, controlling distribution election of, § 16.6 of materials on, § 7.15 subpena, receipt of, § 23.9 House rules, construction of, by Speaker, § 3.29 Doorkeeper, duties of Immunity under Speech or Debate call of the House, §§ 20.6, 20.7 Clause, §§ 23.10–23.14 calling House to order, § 20.8 Inquiries, answers to, by Speaker, controls access to the galleries, §§ 20.1– § 3.33 20.5 Inquiries to Members, by Chair, Election of officers § 3.32 Chaplain, § 16.8 Interruptions, Speaker’s control Chaplain emeritus, § 16.7 over, §§ 7.1 et seq. Chaplain, temporary appointee elected Legal representation, in litigation inas, § 16.2 volving House officers, §§ 23.3–23.5 Clerk, election of, § 16.3 Meeting, time and place of, § 3.4 Doorkeeper, § 16.6 Member’s floor movements, Speak- procedure at commencement of Con- er’s control over, § 7.13 gress, §§ 16.1, 16.2 Members, reference to, Speaker’s Sergeant at Arms, § 16.5 control over, §§ 7.9 et seq. Sergeant at Arms, temporary ap- Minority employees pointee elected as, § 16.4 designation of, § 26.1

427 Ch. 6 DESCHLER’S PRECEDENTS

Minority employees —Cont. Record, control of, by Speaker, § 3.12 establishment of titles for, § 26.2 Reference of bill, announcement as Minority party member as Speaker to, by Speaker, § 4.2 pro tempore, § 12.7 Referral of measures to committee Motion, statement of, by Speaker, by Speaker, §§ 3.5 et seq. § 3.15 Resolution as privileged. time for de- Oath, administration of, by Speaker, termination, § 3.30 § 3.2 Resolutions and special orders, Oath, of House officer, §§ 17.1, 17.2 Speaker’s rulings as to, §§ 4.7 et Oath, of Speaker pro tempore, seq. §§ 11.1–11.6 Romney v United States, Sergeant at administered by Member, § 11.5 Arms, duties, § 19.3 administered by Speaker, § 11.4 Rules of comity, enforcement by Parliamentarian, consultation with, Speaker, § 3.45 as to bill reference, § 4.3 Rulings by Speaker as to constitu- Parliamentary inquiries, duty of tionality, consistency, or effect of Speaker to answer, § 4.11 language, §§ 4.18 et seq. Personnel salary allowances Senate, notification to increasing amount of, § 27.7 of designation and approval of Speaker Point of order as dilatory, ruling by pro tempore, § 13.2 Speaker, § 4.9 of election of Speaker pro tempore, Powell v McCormack and immunity § 14.2 from suit, § 23.11 Senate rules, interpretations by Prayers Speaker as to, § 4.6 at death of Speaker, § 21.4 Senators, reference to, Speaker’s printing of, § 21.5 control over, § 7.7 when offered, §§ 21.2, 21.3 Sergeant at Arms President, notification to appointment of temporary, §§ 22.2, of designation and approval of Speaker 22.3 pro tempore, § 13.2 election of, §§ 16.3–16.5 of election of Speaker pro tempore, election of temporary appointee as, § 14.2 § 16.4 Quorum requirement as to prayer, keeps accounts of pay and mileage of § 21.1 Members, §§ 19.1–19.3 Reading of papers, Speaker’s control legal representation of, § 23.5 over, § 7.12 subpena, receipt of, § 23.7 Recess, authority of Speaker to declare, §§ 4.34 et seq. summons, receipt of, § 23.2 Recess, declaration by Speaker in Speaker pro tempore, actions of, re- emergency, § 3.44 quiring authorization of House, Recognition, by Speaker, when re- §§ 12.8–12.14, 14.13–14.16 quired, §§ 4.30 et seq. Speaker pro tempore, duties of Recognition, power of, in Speaker, designated Speaker pro tempore, §§ 3.16 et seq. §§ 12.8–12.16

428 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6

Speaker pro tempore, duties of — Subpena, receipt of —Cont. Cont. by Doorkeeper, § 23.9 elected Speaker pro tempore, §§ 14.8– by Sergeant at Arms, § 23.7 14.13 Summons, receipt of, §§ 23.1, 23.2 Speaker pro tempore, election reso- Tellers, appointment of, by Speaker, lution, form of, § 14.1 §§ 6.21 et seq. Speech or Debate Clause immunity, Terms of office of Speakers pro tem- §§ 23.10–23.14 pore, §§ 11.7–11.15 Doe v McMillan, § 23.14 Unanimous-consent requests, put- Dombrowski v Eastland, § 23.10 ting of, by Speaker, § 3.14 Gravel v United States, § 23.13 Powell v McCormack, § 23.11 Vacancies Stamler v Willis, § 23.12 among House officers, temporary ap- Sponsorship of bills by Speaker, § 2.2 pointment to fill, § 6.25 Subpena, acceptance of, by Speaker, appointments by Speaker, of tem- § 3.39 porary officers, §§ 22.1–22.4 Subpena, receipt of Withdrawal of designation of Speak- by Clerk, § 23.8 er pro tempore, § 12.6

429

Officers, Officials, and Employees

A. THE SPEAKER § 1. Introductory chuse their Speaker.’’ (1) The Mem- ber elected by the House as The Speaker of the House of Speaker is almost invariably the Representatives is the central po- Member chosen in the caucus or litical leader in the House and one conference of the majority party in of the most powerful and influen- the House.(2) tial institutional figures in the The term of office of the Speak- United States government. er begins upon his election and This subchapter describes the taking of his oath of office. The nature of the office of the Speak- term ends upon the expiration of er, outlines his jurisdiction and the Congress to which the Mem- duties, and illustrates various lim- ber was elected Speaker, unless itations on the Speaker’s powers. the Speaker has resigned, died, or Throughout the subchapter, ap- been removed by the House.(3) propriate cross references are The Member chosen as the given to other chapters wherein Speaker is the presiding officer of fuller treatment of the various the House, charged with numer- substantive areas are found. ous duties and responsibilities by Certain precedents involving law and by House rules as will be the Chairman of the Committee of ex-emplified in this subchapter; (4) the Whole have been included 1. See Ch. 1, supra, for treatment of herein where they appear to be the election of the Speaker. applicable, by way of analogy, to 2. See Ch. 3, supra, for treatment of the Speaker. the party caucus or conference procedures to select a nominee for Speak- er. § 2. Definition and Nature 3. ‘‘A Speaker may be removed at the will of the House. . . .’’ Jefferson’s of Office Manual, House Rules and Manual § 315 (1973). Parliamentarian’s Note: Article I, section 2, of the U.S. The House has never removed a Constitution provides that ‘‘the Speaker, however. House of Representatives shall 4. See §§ 3, 5–8, infra.

431 Ch. 6 § 2 DESCHLER’S PRECEDENTS but he is not unlimited in the ex- reports concerning various mat- ercise of his various powers.(5) In ters from the President,(10) and one sense, he represents the from various department heads House as one body of Congress. and Cabinet Secretaries, including For example, he signs all acts and the Secretaries of the Treasury,(11) joint resolutions for the House.(6) Agriculture,(12) Defense,(13) and In- In another sense he represents terior,(14) as well as the Board of the House as a single entity act- Governors of the Federal Reserve ing separately from any Senate System.(15) Pursuant to House action. For example, he has a for- rules (16) the Speaker is provided a mal part in initiating contempt of list of such reports to be made to ( ) House proceedings against recal- the Congress 17 and, although the citrant witnesses.(7) In still an- reports may not under law be spe- other sense he represents all of cifically required to be addressed the individual Members of the to him, in practice all such reports House.(8) The Member elected are addressed to the Speaker for Speaker also represents the mem- his reference to appropriate House bership in such matters as accept- committees, a function he may ing service of subpena in his offi- delegate to the House Parliamen- cial capacity.(9) tarian. The Speaker also serves as the The Member chosen as Speaker official recipient of numerous re- also serves in such capacities as ports made to Congress pursuant an ex officio member of the Presi- to law. For instance, he receives dential Election Campaign Fund Advisory Board.(18) 5. See § 4, infra. 6. Rule I clause 4, House Rules and 10. See 7 USC § 1703; 22 USC §§ 1853, Manual §§ 624 and 625 (1973). See 2261, 2318, and 2753. See Ch. 35, Ch. 24, infra, for fuller treatment of infra, for treatment of communica- the Speaker’s role in the signing of tions to or from the executive bills, joint resolutions, etc. branch. 7. See § 3.41, infra. 11. See 6 USC § 14 and 16 USC § 1081. 8. See Ch. 29, infra, for fuller treat- 12. See 7 USC § 2155. ment of the Speaker’s role in the 13. See 10 USC § 2358 note. House’s consideration and debate of 14. See 16 USCA § 469e. legislative measures. 15. See 12 USCA § 247. 9. See § 3.39, infra. See Ch. 11, infra, 16. Rule III clause 2, House Rules and for treatment of the Speaker’s’s role Manual § 640 (1973). with respect to service of subpenas 17. See for example H. Doc. No. 93–21, on the House, Members, and House 93d Cong. 1st Sess. (1973). officers and employees. 18. 26 USCA § 9021.

432 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 2

The Speaker’s compensation is But he also attains a new status fixed by law.(19) Statutes provide along with his additional duties. the Speaker with an expense al- Most significantly, he enters into lowance,(20) a postage allowance,(1) the line of succession to the Presi- a mileage allowance for travel to dency. When, by reason of death, resignation, removal from office, and from each regular session,(2) a (3) inability, or failure to qualify, stationery allowance, telephone, there is neither a President nor a telegraph, and radiotelegraph al- Vice President, the Speaker, upon ( ) ( ) lowances, 4 clerk-messengers, 5 his resignation as Speaker and as and additional compensation for a Representative, becomes the act- personal services in his office.(6) ing President of the United The amounts of allowances to States.(9) Thus the Speaker is sub- the Speaker for clerk hire,(7) post- ject to being protected by the (10) age stamps, stationery, telephone United States Secret Service. and telegraph, office space, and of- Former Speakers of the House have been provided clerk hire, ad- ficial office expenses in his home ministrative assistants,(11) the use district and for similar items in of an automobile,(12) and federal his Washington office may from office space and related allow- time to time be adjusted by the ances and expenses for a pre- Committee on House Administra- scribed time limit after retire- tion. ment.(13) The Member chosen as Speaker Upon the death of a Speaker retains his status as a Member, holding office, the flag of the and thus, for example, may intro- United States is flown at half (14) duce legislation as a Member.(8) staff. 19. See 2 USC § 31. See Ch. 7, infra, for treatment of Members’ compensation Speaker as Representative of and allowances. the Members 20. See 2 USC § 31b. 1. See 2 USC §§ 42, 42c, and 42d. § 2.1 House rules(15) and prac- 2. See 2 USC §§ 43, 43b, and 43b–1. tice dictate that Members 3. See 2 USC § 46b. 4. See 2 USC §§ 46g and 46g–1. 9. 3 USC § 19. 5. See 2 USC § 74–2. 10. 18 USC § 3056. 11. See § 2.3, infra. 6. See 2 USC § 74–1. 12. See § 2.4, infra. 7. See 2 USC § 57. 13. See § 2.5, infra. 8. See § 2.2, infra. See Ch. 16, infra, for 14. 36 USC § 175 note; Proc. No. 3044. treatment of the introduction of bills, 15. Rule XIV clause 1, House Rules and etc. Manual § 749 (1973).

433 Ch. 6 § 2 DESCHLER’S PRECEDENTS

should address the Speaker On May 21, 1970,(17) a public in debate, and no other per- bill was introduced by Speaker sons, inasmuch as the Speak- John W. McCormack, of Massa- er is said to represent all of chusetts: the Members of the House Under clause 4 of rule XXII, public for such purpose. bills and resolutions were introduced On Jan. 12, 1932,(16) Speaker and severally referred as follows: . . . John N. Garner, of Texas, dis- By Mr. McCormack: cussed the proper way for a Mem- H.R. 17750. A bill to declare the tidewaters in the waterway of the Fort ber to preface his remarks to the Point Channel lying between the House. northeasterly side of the Summer THE SPEAKER: The Chair is in entire Street highway bridge and the easterly sympathy with the remarks made by side of the Dorchester Avenue highway the gentleman from Massachusetts bridge in the city of Boston nonnav- [Mr. Luse]. It is supposed to be a slight igable tidewaters, to the Committee on upon the Chair, according to the ex- Interstate and Foreign Commerce. . . . pressions of former Speakers of the House, when Members address the Former Speakers’ Benefits Chairman of the Committee of the Whole or the Speaker and then ad- § 2.3 Former Speakers have dress the Members on the floor en been provided clerk hire and masse. The Speaker represents the administrative assistants House of Representatives in its organization, and by addressing the Chair through the contingent fund gentlemen address the entire member- of the House. ship of the House. On Jan. 12, 1959,(18) a resolution was adopted regarding bene- Sponsorship of Bills fits for former Speakers of the § 2.2 Although traditionally House. the Speaker refrains from Resolved, That effective January 7, sponsoring public bills con- 1959, there shall be payable from the taining subject matter of a contingent fund of the House, until general import, he has on oc- otherwise provided by law, for any Member of the House who has served casion introduced a public as Speaker of the House, an additional bill pertaining solely to a $5,000 basic per annum for clerk hire, matter within his congressional district. 17. 116 CONG. REC. 16643, 91st Cong. 2d Sess. 16. 75 CONG. REC. 1815, 72d Cong. 1st 18. 105 CONG. REC. 559, 86th Cong. 1st Sess. Sess.

434 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

and in addition an administrative as- upon its enactment the Speaker of sistant at the basic rate of $8,880 per the 91st Congress, Mr. John W. annum. THE SPEAKER:(19) Without objection, McCormack, of Massachusetts, the resolution is agreed to. would upon his retirement be en- There was no objection. titled to, among other things: (1) federal office space, (2) an office § 2.4 Former Speakers have expense of $100 per month, (3) been provided the use of frank mail privileges, (4) a local automobiles through the con- telephone allowance, (5) salaries tingent fund of the House. for two secretaries, and (6) a sta- On Jan. 12, 1959,(20) a resolu- tionery allowance without cash tion was adopted regarding bene- withdrawal, all to be financed fits for former Speakers of the from the contingent fund of the House. House. After some debate, the res- Resolved, That there shall be paid olution was passed. out of the contingent fund of the House, until otherwise provided by law, expenses necessary for the purchase, maintenance, operation, and § 3. Jurisdiction and Du- driving of an automobile for the use of any Member of the House who has ties served as Speaker of the House. THE SPEAKER (21) Without objection, The Speaker’s jurisdiction and the resolution is agreed to. duties are found in numerous There was no objection. statutes and, of course, through- A motion to reconsider was laid on the table. out the House rules. Generally speaking, the Speak- § 2.5 Upon retirement, a er’s jurisdiction and duties relate former Speaker was pro- to the House rules, the Members, vided with federal office and the dignity and prerogatives space and related expenses of the House.(1) and allowances. At the beginning of a Congress, On Dec. 22, 1970,(22) a resolu- the Speaker normally administers tion was called up providing that the oath of office to the new Mem- bers.(2) When a Speaker pro tem- 19. Sam Rayburn (Tex.) 20. 105 CONG. REC. 559, 86th Cong. 1st 1. See § 3.1. infra. Sess. 2. See § 3.2, infra, and 2 USC § 25 21. Sam Rayburn (Tex.). (1973). See Ch. 1, supra, for treat- 22. 116 CONG. REC. 43313, 43314, 91st ment of the Speaker’s role in the as- Cong. 2d Sess. sembly of Congress.

435 Ch. 6 § 3 DESCHLER’S PRECEDENTS pore is elected or designated and (3) The next item of business approved, the Speaker, if he is under the rules—though infre- present, also administers the oath quently applied—is the ref- ( ) of office to the Speaker pro tem- erence 9 or correction of reference pore.(3) In addition, the Speaker of bills, joint resolutions, etc., to (10) has the power to administer oaths appropriate committees. In this regard, the Speaker may defend to witnesses.(4) his reference of measures should Under various House rules the they be challenged.(11) Speaker presides over all regu- (4) The Speaker next disposes of larly scheduled House business: business on the Speaker’s table. (1) He calls the Members to Such business includes Presi- order at the beginning of each dential messages, communications daily session.(5) Under the con- from department heads, and stitutional provisions dealing with measures sent to the House by ( ) quorums (6) the Speaker then pro- the Senate. 12 ceeds unless objection is raised (5) The Speaker then proceeds (13) that a quorum is not present.(7) to unfinished business. Under the rules, then comes the morning (2) If a quorum is present, the hour for the consideration of bills Speaker, having examined the called up by committees; (14) how- House Journal, may announce his approval of it. It is ordinarily not supra, for treatment of the Speaker’s read unless such is insisted duties with regard to the House upon.(8) Journal. 9. See § 3.5, infra. See also § 4.3, infra. 3. See § 3.3, infra. See Ch. 16, infra, for fuller treat- 4. 2 USC § 191. See Ch. 15, infra, for ment of the Speaker’s role in the ref- treatment of the Speaker’s role in erence of bills, etc., to committees. House investigations and inquiries. 10. See § 3.6, infra. Parliamentarian’s Note: This stat- 11. See § 3.7, infra. See Ch. 29, infra, for utory power has rarely been used by fuller treatment of the Speaker’s Speakers in modern times. participation in debate. 12. Rule XXIV clauses 1 and 2, House 5. Rule I clause 1, House Rules and Rules and Manual § 878, et seq. Manual § 621 (1973). See Ch. 20, (1973. See also § 2, supra, for exam- infra, for the Speaker’s role in the ples of reports cleared through the call of the House. Speaker’s office. 6. U.S. Const. art I, § 5. 13. Rule XXIV clauses 1 and 3, House 7. See Ch. 20, infra, for treatment of Rules and Manual §§ 878 and 885– the Speaker’s role in determining the 888 (1973) presence of a quorum. 14. Rule XXIV clauses 1 and 4, House 8. Rule I clause 1, House Rules and Rules and Manual §§ 889, 890 Manual § 621 (1973). See Ch. 5, (1973).

436 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3 ever, this procedure is not fol- During a daily session if the lowed under present House prac- Speaker desires to be absent from tices, since the House proceeds to the Chair momentarily, he has business under other provisions of the right under the House rules to the rules. designate a Speaker pro tem- (6) Next under the House rules, pore.(18) He may also designate a the Speaker is required to allow Speaker pro tempore for longer up to one hour for the call of the periods, or even invite the election committees under the regular of one, under certain cir- order before a motion can be en- cumstances.(19) When the Speaker tertained to go into the Com- is criticized during debate, it is mittee of the Whole House on the considered proper for him to des- ( ) state of the Union. 15 Again, this ignate a Speaker pro tempore to is largely an obsolete procedure, rule on whether the criticism is since by resolutions from the unparliamentary.(20) Committee on Rules the House Many more or less routine func- normally prescribes a different tions of the Speaker are of course order of business. accomplished off of the floor of the When a motion is made for the House. Examples of these are: House to resolve itself into the (1) The Speaker certifies the Committee of the Whole, the salary and mileage accounts of Speaker appoints the Chairman of Members as required by statute.(1) the Committee.(16) (2) The Speaker has the statu- (7) When the Committee of the tory duty to certify to the appro- Whole finally rises to report back to the House, the Speaker re- priate U.S. District Attorney the sumes the Chair and proceeds to names of persons found to be in the orders of the day.(17) contempt of House committees for prosecution (2) when the House 15. Rule XXIV clause 5, House Rules has formally authorized such ac- and Manual §§ 891, 892 (1973). 16. Rule XXIII clause 1, House Rules 18. Rule I clause 7, House Rules and and Manual § 861 (1973). See also Manual § 633 (1973). §§ 6.1 and 6.2, infra. See Ch. 19, 19. See §§ 9 et seq., infra, for treatment infra, for fuller treatment of the of Speakers pro tempore. Speaker’s role in relation to the 20. See 3.11, infra. Committee of the Whole. 1. 2 USCA § 48. See Ch. 7, infra, for 17. Rule XXIV clause 1, House Rules treatment of the compensation, al- and Manual § 878 (1973). See also lowances, perquisites, and emolu- Jefferson’s Manual, House Rules and ments of Members. Manual § 384 (1973). 2. 2 USC § 194.

437 Ch. 6 § 3 DESCHLER’S PRECEDENTS tion.(3) Likewise, he certifies half without House authorization. names of persons who have For example, in emergency situa- purged themselves of the con- tions, the Speaker is considered to tempt charges to the U.S. District have the inherent power to de- Attorneys after formal House au- clare the House in recess, subject thorization.(4) to the call of the Chair.(9) (3) Whenever a vetoed measure During the consideration of the is approved by two-thirds of both various measures, the Speaker Houses of Congress, the Speaker normally assumes the primary re- sends the original measure to the sponsibility on the part of the General Services Administration House for enforcing the customary for promulgation, if the House rules of comity between the two was the last body to act on the Houses of Congress.(10) measure.(5) To facilitate the consideration of The Speaker generally informs measures, the House rules provide the House of actions taken pursu- the Speaker with three major ant to House authorization. For functions: (1) recognizing Mem- instance, the Speaker will inform bers who seek to address the the House when he has signed en- House,(11) (2) construing and ap- rolled bills during an adjournment plying the House rules,(12) and (3) of the House,(6) or when, acting in putting the question to or stating his official capacity as spokesman a motion for the Members for of the House, he has accepted a their vote.(13) subpena served on the House.(7) It The Speaker has held that in is also considered the Speaker’s construing the rules he may look duty to inform the House when a Speaker pro tempore has acted for 9. See § 3.44, infra. See Ch. 39, infra, him during an adjournment.(8) for treatment of House recesses. In certain unusual cir- 10. See 3.45. infra. cumstances, the Speaker is con- 11. Rule XIV clause 1, House Rules and Manual §§ 749 et seq. (1973). sidered to have the inherent 12. See Rule I clause 4, House Rules and power to act on the Members’ be- Manual §§ 624, 627 (1973). 13. Rule I clause 5, House Rules and 3. See § 3.40, infra. Manual § 629 (1973). See also the 4. See § 3.43, infra. forms of putting the question, House 5. 1 USC § 106a. Rules and Manual §§ 960–965 6. See § 3.9, infra. (1973). See Ch. 29, infra, for fuller 7. See § 3.39, infra. treatment of the Speaker’s power of 8. See § 3.10, infra. recognition.

438 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3 to all pertinent facts concerning House, the Speaker has du- the matter to which the rules ties relating to the House would be applied.(14) In ruling on rules, to the Members, and to a matter brought to his attention the dignity and prerogatives by a point of order, the Speaker of the House. normally will wait until the mat- On Jan. 10, 1962,(20) Speaker ter is completely before him.(15) elect John W. McCormack, of In certain circumstances the Massachusetts, addressed the presiding officer may make inquir- House from the Chair regarding ies of a Member having the his duties as Speaker of the floor.(16) But it is the more fre- House. quent case that the Speaker an- THE SPEAKER: Members of the House of Representatives . . . [in] the exer- swers inquiries from the Mem- cise and performance of the powers bers. For example, he answers and duties of the Speaker, parliamen- questions regarding the applica- tary or otherwise, I shall perform such duties impartially with fair treatment bility of the House rules to stand- to all Members in interpreting and en- ing committees.(17) However, he forcing the rules, but above all pro- does not answer hypothetical in- tecting the rights of all Members with- quiries or general questions relat- out regard to party affiliation. While as leader in this body of my ing to committee procedure. party, I have my political responsibil- The Speaker may decline to an- ities, in the performance of my duties as Speaker, my responsibility is to the swer immediately a parliamentary House itself and to all of its Members. ( ) inquiry 18 or he may simply ask a As majority leader I always consid- Member to withhold his inquiry ered that one of my primary duties until the Speaker has sufficient was to protect the rights, under the ( ) rules and also in accordance with the time to ascertain certain facts. 19 customs of the House, of the minority party. I shall follow that course as Speaker. . . . I will continue to maintain the dig- Duties Generally nity of the House of Representatives, protecting its prerogatives and main- § 3.1 In general, as the elected taining the right and privileges of its presiding officer of the members.

14. See § 3.29, infra. Administering Oaths 15. See § 3.30, infra. § 3.2 It is the normal practice 16. See § 3.32, infra. for the Speaker to admin- 17. See § 3.33, infra. 18. See § 3.34, infra. 20. 108 CONG. REC. 6, 87th Cong. 2d 19. See § 3.35, infra. Sess.

439 Ch. 6 § 3 DESCHLER’S PRECEDENTS

ister the oath of office to MR. [J. PERCY] PRIEST [of Ten- Members at the opening of a nessee]: Mr. Speaker, I offer a resolu- session of Congress. tion (H. Res. 351) and ask for its immediate consideration. ( ) On Jan. 3, 1945, 1 the following The Clerk read as follows: procedure regarding the swearing Resolved, That Hon. E.E. Cox, a in of Members took place. Representative from the State of Georgia, be, and he is hereby, elected THE SPEAKER [Sam Rayburn, of Speaker pro tempore during the ab- Texas]: The Chair understands that sence of the Speaker. two or three Members with certificates Resolved, That the President and on file with the Clerk were not here the Senate be notified by the Clerk when the other Members were sworn of the election of Hon. E.E. Cox as in, were unable to get here at the hour Speaker pro tempore during the ab- of meeting on account of late trains. At sence of the Speaker. least two such Members are here now. The resolution was agreed to. MR. [KARL E.] MUNDT [of South Da- kota]: Mr. Speaker, I am one of those THE SPEAKER [Sam Rayburn, of detained by late trains. I took the oath Texas]: The gentleman from Georgia of office but I was not here in time to [Mr. Cox] will present himself at the answer to the first roll call. bar of the House and take the oath. THE SPEAKER: The statement of the Mr. Cox appeared at the bar of the gentleman from South Dakota will House and took the oath of office. stand. The Members who have not taken Meeting Time and Place the oath of office will present themselves in the well of the House and all others will clear the well of the House. § 3.4 When the House is to Mr. Gorski and Mr. Stefan appeared meet in a place other than at the bar of the House and took the the House Chamber, the oath of office. Speaker normally is the one § 3.3 If the Speaker is present who informs the Members of when the House has elected the time and place of the a Speaker pro tempore, it is meeting. normally the Speaker who On July 1, 1949,(3) Speaker Sam administers the oath of office Rayburn, of Texas, made an an- to the Speaker pro tempore. nouncement concerning the time On Aug. 26, 1949,(2) a resolution and place of the meeting of the was introduced as follows: House. THE SPEAKER: Pursuant to House 1. 91 CONG. REC. 14, 79th Cong. 1st Resolution 271, the House stands ad- Sess. 2. 95 CONG. REC. 12344, 81st Cong. 1st. 3. 95 CONG. REC. 8808, 81st Cong. 1st Sess. Sess.

440 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

journed to meet on Tuesday, July 5, he is unable to refer all the bills that 1949, at 12 o’clock noon, in the caucus may be introduced. Those bills which room in the New House Office Build- are not referred and do not appear in ing.(4) the Record as of today will be included in the next day’s Record and printed Referring Measures to Commit- with a date as of today.(6) tees § 3.6 Having the authority to § 3.5 The Speaker examines refer Presidential messages and refers to committees all and bills to committees, a bills and resolutions intro- Speaker may change a ref- duced by Members of the erence to another committee House. if appropriate. On Jan. 10, 1967,(5) Speaker On Jan. 27, 1958,(7) Speaker John W. McCormack, of Massa- Sam Rayburn, of Texas, an- chusetts, indicated the procedure nounced a change of reference of by which bills introduced on the matters from one committee to opening day of a Congress are ex- another: amined and referred to commit- THE SPEAKER: After further exam- tees. ination of the President’s message and THE SPEAKER: The Chair would like the recommendations made therein, to make a statement concerning the in- the Chair believes that the proper com- troduction and reference of bills today. mittee to which to refer the President’s As Members are aware, they have message is the Committee on Edu- the privilege today of introducing bills. cation and Labor instead of the Com- Heretofore on the opening day of a new mittee on Interstate and Foreign Com- Congress several thousand bills have merce, because on the Science Founda- been introduced. It will be readily ap- tion no new law is suggested, simply parent to all Members that it may be more appropriations. The other part of a physical impossibility for the Speak- the President’s message deals with er to examine each bill for reference education. Therefore the Chair is going today. The Chair will do his best to to change the reference of the Presi- refer as many bills as possible, but he dent’s message and whatever bills are will ask the indulgence of Members if introduced on that subject, to the Com- mittee on Education and Labor. 4. Parliamentarian’s Note: The House moved to the New House Office 6. Parliamentarian’s Note: On the open- Building pending remodeling of the ing day of the first session of the House Chamber in the Capitol 90th Congress a total of 2,247 bills caused by an insecure ceiling. and resolutions were introduced. 5. 113 CONG. REC. 34, 90th Cong. 1st 7. 104 CONG. REC. 1112, 85th Cong. 2d Sess. Sess.

441 Ch. 6 § 3 DESCHLER’S PRECEDENTS

§ 3.7 Although the Speaker has always make the reference of a bill the power to refer bills to that the rules call for. In my clear judgment this bill was properly re- proper committees in the ferred to the Committee on Public first instance, such ref- Works (9) erences may later be challenged and the Speaker may Informing the House of Actions defend his decision. Taken On Mar. 2, 1966,(8) Speaker § 3.8 The Speaker informs the John W. McCormack, of Massa- chusetts, took the floor in the House when he has accepted Committee of the Whole to indi- a resignation and appointed cate his responsibility regarding a successor to a committee the reference of public bills to during an adjournment. proper committees. On Jan. 3, 1957,(10) Speaker

MR. MCCORMACK: . . . Mr. Chair- Sam Rayburn, of Texas, made the man, in view of the remarks by the following announcement con- gentleman from New Hampshire [Mr. cerning a committee appointment: Cleveland] about the reference of this bill, and overhearing them and con- THE SPEAKER: The Chair desires to fining myself to that aspect of his re- announce that pursuant to the provi- marks, I simply want to advise the sions of House Concurrent Resolution Members of the House that in my judg- 244, 84th Congress, and the order of ment as the Speaker, this bill was properly referred to the Committee on 9. Parliamentarian’s Note: As intro- Public Works. duced the bill in question was pri- In the original bill, the bill calls for marily an economic development the participation in the 1967 expo- measure. In this form, the bill was sition, jointly with the State of Alaska primarily within the jurisdiction of through economic development projects the Committee on Public Works. As such as industrial, agricultural, edu- reported, however, the primary em- cational, research, or commercial facili- phasis of the bill was federal recogni- ties, and so forth. tion of and participation in the cen- Mr. Chairman, I thoroughly respect tennial celebration of the Alaska the views of my friend, the gentleman purchase. In this form, the bill was from New Hampshire [Mr. Cleveland], similar to centennial bills that have but I cannot be on the floor and listen been traditionally, under the prece- to one challenge the reference of a bill dents, referred to the Committee on that I made. I realize that I might the Judiciary. make mistakes occasionally, but I will Reference generally, see Ch. 16, infra. 8. 112 CONG. REC. 4579, 4580, 89th 10. 103 CONG. REC. 47, 85th Cong. 1st Cong. 2d Sess. Sess.

442 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

the House of July 27, 1956, empow- chusetts, made an announcement ering him to accept resignations and to to the House: appoint commissions . . . he did, on September 8, 1956, appoint as a mem- THE SPEAKER: The Chair desires to ber of the joint committee to represent announce that pursuant to the author- the Congress at the unveiling of the ity granted him on Thursday, June 6, Commodore John Barry Memorial at 1968, he did on June 7, 1968, sign the Wexford, Ireland . . . the gentleman following enrolled bills of the House: from Pennsylvania . . . to fill a vacancy caused by the resignation of the H.R. 6087. An act to assist State gentleman from New York. and local governments in reducing the incidence of crime, to increase § 3.9 The Speaker informs the the effectiveness, fairness, and consideration of law enforcement and House when he has signed criminal justice systems at all levels enrolled bills during an ad- of government, and for other pur- journment pursuant to au- poses thority granted him. § 3.10 The Speaker informs the On July 26, 1948,(11) Speaker House when an elected Joseph W. Martin, Jr., of Massa- Speaker pro tempore has chusetts, announced his signing of signed enrolled bills during certain enrolled bills subsequent to adjournment. an adjournment of the House pursuant to authority grant- The Speaker, pursuant to the provisions of House Concurrent Resolution ed. 219, Eightieth Congress, announced On July 14, 1958,(l3) Speaker his signature to enrolled bills and joint resolutions of the Senate as follows: Sam Rayburn, of Texas, an- On June 22, 1948: nounced that during an adjournment the elected Speaker pro tem- S. 418. An act to provide for water- pollution-control activities in the pore had signed certain enrolled Public Health Service of the Federal bills pursuant to authority grant- Security Agency and in the Federal ed. Works Agency, and for other purposes. . . . Procedure When Speaker Criti- And on June 23, 1948, enrolled bills of the Senate as follows: cized S. 165. An act for the relief of § 3.11 When the Speaker is the Doris E. Snyder.... subject of criticism in debate On June 10, 1968,(12) Speaker and a point of order is raised John W. McCormack, of Massa- against such criticism, it is 11. 94 CONG. REC. 9363, 80th Cong. 2d customary for the Speaker to Sess. 12. 114 CONG. REC. 16381, 90th Cong. 13. 104 CONG. REC. 13695, 13696, 85th 2d Sess. Cong. 2d Sess.

443 Ch. 6 § 3 DESCHLER’S PRECEDENTS

appoint a Speaker pro tem- Controlling the Record pore to rule on whether the words spoken were par- § 3.12 It has been held that the liamentary. Speaker may direct the official House reporters of de- (14) On Feb. 7, 1935, the fol- bates to refrain from insert- lowing remarks were made: ing in the Congressional MR. [THOMAS L. BLANTON [of Texas]: Record notations concerning Mr. Chairman, a point of order. applause and other dem- Mr. Chairman, I ask that the words onstrations by Members in of the gentleman from Massachusetts [Mr. Tinkham] about former Speaker the House. Rainey and Speaker Byrns be taken On Mar. 6, 1945,(15) Speaker down. If he has no respect for the liv- Sam Rayburn, of Texas, re- ing, he ought to have some respect for sponded to a parliamentary in- the dead. I ask that his words be taken quiry concerning Congressional down. We will call the gentleman down on that now.... Record coverage of demonstrations The Chairman [William N. Rogers, in the House. of New Hampshire]: The Clerk will re- MR. [JOHN E.] RANKIN [of Mis- port the words objected to. sissippi]: . . . I propound another par- The Clerk read to the Committee the liamentary inquiry at this time. Some words objected to. time ago the Official Reporters of De- THE CHAIRMAN: The Committee will bates ceased to take down the dem- rise. onstrations that are made in the Accordingly the Committee rose; and course of debate, the only parliamen- the Speaker . . . resumed the chair. tary body in the world that prints a Record in which that has been done, THE SPEAKER [Joseph W. Byrns, of Tennessee]: The Clerk will report the that I have been able to find. I occasionally get the Record of the British words. House of Parliament. I read it and in The Clerk read the words objected these trying times there is applause, to. cheers, their cries of ‘‘hear, hear’’ THE SPEAKER: The Chair feels some laughter, and other demonstrations delicacy in ruling on the language in- that are made. You get the Record of asmuch as he is involved, and the the United States Senate and, as a Chair will ask the gentleman from rule, they do not have probably so New York [Mr. O’Connor] to take the many there to applaud, but when there chair. is applause or a demonstration, it is Mr. O’Connor assumed the chair as placed in the Record. Our demonstra- Speaker pro tempore. tions have been cut out of our Record

14. 79 CONG. REC. 1680, 1681, 74th 15. 91 CONG. REC. 1789, 79th Cong. 1st Cong. 1st Sess. Sess.

444 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3 and I think it is a serious mistake be- prolonged applause, the Members ris- cause now a man can make a speech ing,’’ my opponent in the next primary and extend his remarks and you have might have called attention to how in- no indication as to where his speech significant I was because I only re- left off and where his extension of received ‘‘applause’’ and the other Mem- marks begins. I know it has been con- ber had received ‘‘loud and prolonged tended by a few Members in the House applause, the Members rising.’’ that the extension of those demonstra- The Chair has held that demonstrations in the Record have been abused. tions in the House are not a part of the But that was done very seldom, and Record, and shall continue to hold that where the Member did abuse that until the rules of the House are privilege by inserting laughter or ap- changed. plause he has been subjected to the most drastic criticism and ridicule and, § 3.13 Although it has been as a rule, has never attempted it held that it is within the au- again.... thority and normally the THE SPEAKER: The Chair does not in- duty of the Speaker to order tend to be facetious, but the Chair would like to give the House his reac- stricken from the notes of tion to the expressions ‘‘Hear! Hear!’’ the official House reporters and ‘‘Applause’’ in the Record. When I remarks made by Members came here 32 years ago on Sunday not legitimately having the last, a gentleman had been elected by floor, it has also been held a split in the Republican Party in a particular State, and he had come here that it is within the Speak- with Democratic and Progressive votes. er’s power to allow an excep- He made a speech in the House. tion in unusual cir- Whether it went into the permanent cumstances. Record I do not know, but I know it (16) went into the temporary Record. It On Apr. 19, 1937, Speaker closed in this fashion: ‘‘Loud and pro- William B. Bankhead, of Ala- longed applause among Democrats and bama, responded to a parliamen- Progressives, followed by much hand- tary inquiry concerning remarks shaking.’’ of Members, not legitimately hav- In times past there appeared in the ing the floor, being reflected in Record the word ‘‘Applause’’ where a the Congressional Record. Member spoke. In another place there was ‘‘Loud applause.’’ In another place MR. [EDWARD W.] CURLEY [of New there was ‘‘Loud and prolonged ap- York]: I rise to propound a parliamen- plause.’’ In another place there was tary inquiry, Mr. Speaker. ‘‘Loud and prolonged applause, the THE SPEAKER: The gentleman will Members rising.’’ If I had made a state his parliamentary inquiry. speech and had received ‘‘applause,’’ and some Member had followed me im- 16. 81 CONG. REC.. 3588, 3589, 75th mediately and had received ‘‘loud and Cong. 1st Sess.

445 Ch. 6 § 3 DESCHLER’S PRECEDENTS

MR. CURLEY: Last Thursday, April THE SPEAKER: This is a rather im- 15, during the discussion of the portant inquiry that the gentleman antilynching bill, I submitted two ques- from New York [Mr. Curley] has sub- tions to the gentleman from New York mitted. It has not been raised, so far [Mr. Wadsworth]. Upon reading the as the Chair recalls, during the Congressional Record the following day present session of Congress. In order I found they were omitted. In the that the rights of Members may be course of the extension of my own ad- protected, and that the Members may dress on the following page in the know what the rules and precedents Record that fact is mentioned in my are with respect to this proposition, own address; so that on a checkback it the Chair will read from section 3466, will be found that these two questions volume 8, of Cannon’s Precedents of have been omitted, and we find that the House of Representatives.... they were omitted inadvertently by the The Chair may say that in con- reporter. The reporter has informed me formity with this precedent, and what of the fact that that is the truth. the Chair conceives to be sound proce- What I wish to know, Mr. Speaker, dure, the rule should be reiterated that is whether or not I can have the per- when a Member is occupying the floor manent Record corrected so as to in- and a Member after addressing the clude the two questions and the offside Chair and asking the Member then occupying the floor if he will yield for a remark that went with them.... question or for an interruption, and THE SPEAKER: Did the gentleman the gentleman then speaking declines from New York address the Chair and to yield, it is not proper for a Member ask whether or not the gentleman from nevertheless to interject into the New York [Mr. Wadsworth], then occu- Record some remark which he desires pying the floor, would yield? to make. MR. CURLEY: I did, Mr. Speaker. I Under the particular circumstances think the gentleman from New York now raised by the gentleman from New [Mr. O’Connor] was presiding on both York [Mr. Curley], and in view of the occasions. fact the question has not heretofore THE SPEAKER: Did the gentleman been presented at this session of the from New York [Mr. Wadsworth] yield? Congress, the Chair is of the opinion it MR. CURLEY: The gentleman from may not be an injustice to instruct the New York [Mr. Wadsworth] did not reporter to incorporate in the perma- yield, and so stated. But not long nent Record in this instance the state- thereafter the gentleman from New ment made by the gentleman from York [Mr. Gavagan] asked the same New York [Mr. Curley]. questions, received the same reply, The Chair may say, however, that that the gentleman from New York hereafter in conformity with this rule [Mr. Wadsworth] did not yield; yet the and what he regards as sound practice, questions and remarks of the gen- the Chair instructs the reporters of de- tleman from New York [Mr. Gavagan] bates where a Member declines to are incorporated in the Congressional yield and notwithstanding another Record. Member seeking to interrupt him per-

446 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

sists in talking, that those remarks House which I demanded be taken shall not be incorporated in the down. No report was made of those Record. words. I demand the regular order— the taking down of the words, the re- Putting Unanimous-Consent port of the words, and the reading by Requests the Clerk. THE SPEAKER PRO TEMPORE: Subse- § 3.14 Unanimous-consent re- quently, unanimous consent was granted for the words to be withdrawn. quests are put to the House MR. HOFFMAN: Oh, no, Mr. Speaker; by the Speaker, and a Mem- three Members were on their feet. I ber’s objection to such a re- was one of them, and objecting to that. quest is ineffective if it fails THE SPEAKER PRO TEMPORE: That to follow immediately upon was the ruling of the Chair. MR. HOFFMAN: I appeal from the rul- the Speaker’s statement of ing of the Chair then. the request. THE SPEAKER PRO TEMPORE: This is On Sept. 4, 1940,(17) a unani- not a ruling, it is just an answer to a mous-consent request was made parliamentary inquiry. as follows: Stating Motions for Votes MR. [BEVERLY M.] VINCENT [of Ken- tucky]: Mr. Speaker, I ask unanimous § 3.15 The Speaker or Chair- consent to withdraw the last sentence man of the Committee of the of my statement. Whole states motions, and it MR. [HENRY C.] DWORSHAK [of Idaho]: I object, Mr. Speaker. has been held that it is his THE SPEAKER PRO TEMPORE [Jere statement of the motion and Cooper, of Tennessee]: The gentleman not the motion as stated by a from Kentucky asks unanimous Con- Member that is voted upon. sent to withdraw the statement. Is (18) there objection? The Chair hears none. On Mar. 26, 1965, the fol- MR. [FREDERICK V.] BRADLEY [of lowing motion was made: Michigan]: I object, Mr. Speaker. MR. [ADAM C.] POWELL [of New MR. [CLARE E.] HOFFMAN [of Michi- York]: Mr. Chairman, I move that all gan]: Mr. Speaker, a point of order and debate and all amendments to section a parliamentary inquiry. 203 close in 5 minutes, with one-half of THE SPEAKER PRO TEMPORE: The the time reserved to the chairman. gentleman will state it. THE CHAIRMAN [Richard Bolling, of MR. HOFFMAN: Mr. Speaker, a mo- Missouri]: The chairman of the comment ago certain words were uttered mittee moves that all debate and all by the gentleman on the floor of the amendments——

17. 80 CONG. REC.. 11516, 11517, 76th 18. 111 CONG. REC. 6101, 89th Cong. 1st Cong. 3d Sess. Sess.

447 Ch. 6 § 3 DESCHLER’S PRECEDENTS

MR. [PORTER] HARDY [Jr., of Vir- THE CHAIRMAN: The Chair will at- ginia]: Mr. Chairman. a point of order. tempt to state how he understood it. It THE CHAIRMAN: The gentleman will may be in error. state his point of order. MR. GERALD R. FORD: Mr. Chair- MR. HARDY: He is moving that he is man, I ask that the reporter read what going to have half of the time. Is that the Chairman said so we can all hear a proper motion? I had understood it it. It would be very helpful. was not. I believe it can be done by THE CHAIRMAN: The gentleman from unanimous consent. Michigan, the distinguished minority THE CHAIRMAN: Will the chairman of leader, is putting the Chair in the the committee please restate his mo- same position he had him in a little tion? while ago. This goes straight, head on, into all of the practices and procedures MR. HARDY: I understood the motion. of the House to have the reporter re-re- MR. POWELL: I withdraw the pre- port a motion. vious motion. I move all debate and all MR ERALD ORD amendments on this title and this sec- . G R. F : Mr. Chair- man, I withdraw my request. tion close in 10 minutes. THE CHAIRMAN: The Chair will state MR. HARDY: Mr. Chairman, I ask the motion as the Chair understood it. that the original motion be read. The Chair will say frankly the Chair MR. [JOHN M.] ASHBROOK [of Ohio]: had a little difficulty hearing it, but Mr. Chairman, a point of order. I want my understanding of the motion was to know whether or not it takes unani- that the chairman of the committee mous consent to withdraw the motion. moved that all debate and all amend- THE CHAIRMAN: The gentleman from ments to section 203 be closed in 5 New York asks unanimous consent to minutes. withdraw the motion. MR. GERALD R. FORD: And time was MR. POWELL: That is right. I with- reserved for the chairman. draw it. I ask unanimous consent to THE CHAIRMAN: The Chair did not withdraw it. hear that. MR. ASHBROOK: Mr. Chairman, I ob- MR. [CRAIG] HOSMER [of California]: ject. Mr. Chairman, a parliamentary in- THE CHAIRMAN: Does the gentleman quiry. from New York desire a vote on his THE CHAIRMAN: The gentleman will original motion? state it. MR. HARDY: Mr. Chairman, will the MR. HOSMER: In the event that the Chair state the motion as originally motion is carried, if put, would the mo- made? tion carried be that which was actually MR. GERALD R. FORD [of Michigan]: made by the gentleman from New Mr. Chairman, a parliamentary in- York, or according to the Record as re- quiry. At the time that the gentleman ported, or would it be the motion as from New York made the motion his stated by the Chair? voice was inaudible. I strongly feel that THE CHAIRMAN: The motion will be the motion that he made should be as stated by the Chair, as was the case reread and read loud. yesterday and is the case today.

448 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

The motion is that all debate on this THE SPEAKER: The Chair is not going section close in 5 minutes. to give a preliminary opinion as to whom the Chair might recognize. Power of Recognition § 3.17 The Speaker has on oc- § 3.16 Although the Speaker casion announced in advance has discretion to recognize that he would deny recogni- Members to have the floor, tion to a Member under cer- he is under no duty to an- tain circumstances. nounce in advance whom he On Oct. 18, 1943,(20) the fol- might recognize in the fu- lowing parliamentary situation ture. developed under which Speaker On Oct. 8, 1969,(19) a parliamen- Sam Rayburn, of Texas, indicated tary inquiry was addressed to he would deny recognition to a Speaker John W. McCormack, of Member under certain cir- Massachusetts: cumstances.

MR. [JOHN D.] DINGELL [of Michi- MR. [JOHN W.] MCCORMACK [of Mas- gan]: Mr. Speaker, a parliamentary in- sachusetts]: Mr. Speaker, I ask unani- quiry. mous consent to proceed for 1 minute. THE SPEAKER: The gentleman will THE SPEAKER: Is there objection? state it. There was no objection. MR. DINGELL: If the previous question is voted down, would it then be in MR. MCCORMACK: Mr. Speaker, I do order to offer an amendment to raise this for the information of my col- the sum for water pollution control leagues, because this morning they re- grants to the States in the sum of $1 ceived a letter from the Speaker in re- billion? spect to a meeting to be held Wednes- THE SPEAKER: The Chair will state day morning, and in that letter it was that, if the previous question is voted stated that the meeting would be held down, it would be in order to offer an in the Caucus Room of the old House amendment. The Chair is not going to Office Building, at which meeting Gen- pass on the amount at the present eral Marshall and other generals time. would appear in an off-the-record man- MR. DINGELL: Mr. Speaker, a further ner. The old Caucus Room has been parliamentary inquiry. looked over, as well as the auditorium THE SPEAKER: The gentleman will of the Library of Congress. It is felt state it. that the auditorium of the Library of MR. DINGELL: Would I be recognized Congress is a much more desirable for that purpose? It would be my in- place to hold the meeting, and I rise to tent so to do. announce that, instead of holding the

19. 115 CONG. REC. 29220, 91st Cong. 20. 89 CONG. REC. 8433, 78th Cong. 1st 1st Sess. Sess.

449 Ch. 6 § 3 DESCHLER’S PRECEDENTS

meeting in the old Caucus Room, it MR. [DEWEY] SHORT [of Missouri]: will be held in the auditorium of the Mr. Speaker. Library of Congress.... MR. [EDWARD E.] Cox [of Georgia]: MR. [JOHN E.] RANKIN [of Mis- Mr. Speaker. sissippi]: Now, if we are going to hold executive sessions of the House, there THE SPEAKER: For what purpose is only one place that we are author- does the gentleman from Missouri rise? ized by law to hold them, and that is MR. SHORT: Mr. Speaker, I offer a in this Hall. motion to recommit. MR. MCCORMACK: This is not an ex- THE SPEAKER: For what purpose ecutive session of Congress. does the gentleman from Georgia rise? MR. RANKIN: It is going to be a se- MR. COX: Mr. Speaker, it was my cret session, and it ought to be, and it purpose to demand a reading of the en- ought to be held in the Hall of the House of Representatives. grossed copy of the bill. MR. MCCORMACK: This is not an ex- MR. [MALCOLM C.] TARVER [of Geor- ecutive session of Congress. gia]: Mr. Speaker, a parliamentary in- MR. RANKIN: It is unnecessary for quiry. the Congress of the United States to be THE SPEAKER: The gentleman will going off to some other building to hear state it. these leaders report on the war when MR. TARVER: Mr. Speaker, may a de- we have the Hall of the House of Rep- mand be made for the reading of the resentative built and equipped for that purpose. copy of the engrossed bill after the pro- Will not the gentleman modify his ceedings which have just taken place request to have that meeting here in and after the Clerk has read the bill this Hall? which was considered engrossed? THE SPEAKER: The Chair would not THE SPEAKER: The bill was ordered recognize the gentleman for that pur- to be engrossed and read a third time. pose and the gentleman would not The gentleman from Georgia was on make such a request. his feet at the time. § 3.18 The Speaker’s power Does the gentleman from Georgia insist upon his demand that the en- over recognition includes the grossed copy of the bill be read? power to ask for what pur- MR. COX: Mr. Speaker, my making pose a Member rises without demand that the engrossed copy of the such request implying that bill be read does not indicate my oppo- the Speaker recognizes the sition to the bill. Member for the purpose for MR. SHORT: Mr. Speaker, I am opposed to the bill. which he has arisen. MR. COX: I was compelled to make On Apr. 13, 1946,(1) two Mem- the demand and I did make it. bers rose seeking recognition from THE SPEAKER: The gentleman from Speaker Sam Rayburn, of Texas: Georgia [Mr. Cox] demands the reading of the engrossed copy of the bill. 1. 92 CONG. REC. 3669, 79th Cong. 2d The Chair will state that with the Sess. number of amendments agreed to, it

450 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

would be impossible to have the en- THE SPEAKER: Will the gentleman grossed copy of the bill this afternoon. from Ohio state his privileged motion? MR. [VITO] MARCANTONIO [of New MR. TAFT: Mr. Speaker, my motion York]: Mr. Speaker, a point of order. is on a point of personal privilege. THE SPEAKER: The gentleman will THE SPEAKER: Will the gentleman state it. from Ohio state whether it is a point of MR. MARCANTONIO: Mr. Speaker, if I personal privilege or a privileged mo- understood the situation correctly, the tion? gentleman from Missouri [Mr. Short] MR. TAFT: It is a privileged motion, was recognized to offer a motion to re- and a motion of personal privilege. commit. Under rule IX questions of personal THE SPEAKER: The gentleman from privilege are privileged motions, ahead Missouri [Mr. Short] was not recog- of the reading of the Journal. nized. The Chair asked the gentleman THE SPEAKER: The Chair will advise for what purpose he rose, and then rec- the gentleman that a question of per- ognized the gentleman from Georgia. sonal privilege should be made later § 3.19 The Speaker’s power of after the Journal has been disposed of. If the gentleman has a matter of recognition includes the privilege of the House, that is an en- power to deny recognition to tirely different situation. a Member for the purpose of MR. TAFT: I believe, Mr. Speaker, making a motion which the this involves not only personal privi- Speaker determines to be in lege as an individual, but also as a Member of the House and also the conflict with previous action privileges of all Members of the House. of the House. THE SPEAKER: The Chair does not On Oct. 8, 1968,(2) Speaker John recognize the gentleman at this time W. McCormack, of Massachusetts, on a matter of personal privilege. heard a Member’s motion before But the Chair will, after the pending matter, the reading of the Journal has recognizing the Member to offer been disposed of, recognize the gen- it. tleman if the gentleman seeks recogni- MR. [ROBERT] TAFT [Jr., of Ohio]: tion. Mr. Speaker— MR. TAFT: Mr. Speaker, a parliamen- THE SPEAKER: For what purpose tary inquiry. does the gentleman from Ohio rise? THE SPEAKER: The gentleman will MR. TAFT: Mr. Speaker I have a state the parliamentary inquiry. privileged motion. MR. TAFT: Mr. Speaker, is it not true MR. [SIDNEY R.] YATES [of Illinois]: A in rule IX relating to questions of point of order, Mr. Speaker. That is privilege it is stated that such ques- not in order until the reading of the tions shall have precedence over all Journal has been completed. other questions except motions to adjourn? 2. 114 CONG. REC. 30214–16, 90th THE SPEAKER: Will the gentleman Cong. 2d Sess. state the question of privilege.

451 Ch. 6 § 3 DESCHLER’S PRECEDENTS

MR. TAFT: Mr. Speaker, my motion been recognized for the purpose of of- is that I and all other Members in the fering the motion. Chamber who were here at the time of THE SPEAKER: The gentleman from the last quorum call and answered Michigan is well aware of the fact that ‘‘present’’ be permitted to leave the the question of recognition rests with Chamber at their desire.... the Chair. The gentleman did not THE SPEAKER: The Chair will state make a motion which was in order by in response to the parliamentary in- reason of the action heretofore taken quiry that the action of the House has by the House. deprived—has caused the doors to be closed and has deprived temporarily § 3.20 It has been held that the the privilege that the gentleman refers presiding officer has the to. That has been done by the action of power to give or deny rec- the House. ognition to a Member who MR. TAFT: Mr. Speaker, I was recognized to make a privileged motion and seeks to offer a perfecting it was not a matter of a parliamentary amendment which would inquiry. I have made that motion and take precedence over an- I ask that the Chair rule on the mo- other amendment. tion. (3) THE SPEAKER: What is the motion? On Dec. 15, 1937, the Chair- MR. TAFT: I request that I be given man of the Committee of the time to discuss the motion as a matter Whole, John W. McCormack, of of privilege. Massachusetts, indicated the dis- THE SPEAKER: The gentleman will cretionary nature of his power to state his motion. recognize Members in answer to MR. TAFT: Mr. Speaker, my motion the following parliamentary in- is that I and all other Members present on the floor who answered quiries: ‘‘present’’ at the time of the last Mr. [Gerald J.] Boileau [of Wis- quorum call shall be permitted to leave consin]: Mr. Chairman, reserving the the House freely at their own desire. right to object, and I do so to propound THE SPEAKER: The Chair does not a parliamentary inquiry as to the order recognize the gentleman for the pur- in which amendments are to be of- pose of making such a motion because fered. The amendment offered by the the Chair has already clearly indicated gentlewoman from New Jersey is now the House has already taken action pending. Would not perfecting amend- and it is within the power of the House ments have priority of consideration to take the action that it did. There- over a substitute amendment? fore, the Chair does not recognize the THE CHAIRMAN: The Chair has no gentleman to make such a motion. knowledge of what amendments may Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, it was my understanding 3. 82 CONG. REC. 1590, 75th Cong. 2d that the gentleman from Ohio had Sess.

452 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3 be offered; but ordinarily a perfecting MR. BOILEAU: Does the Chair then amendment has precedence over a mo- rule that is within the discretion of the tion to substitute insofar as voting is Chair rather than a right of the Mem- concerned. If the unanimous-consent ber? request is granted, it is the under- THE CHAIRMAN: In answer to the standing of the Chair that amend- gentleman’s inquiry, the Chair is of the ments will be offered section by sec- opinion it is within the province of the tion. Chair whom the Chair will recognize, having in mind the general rules of the MR. BOILEAU: Nevertheless, it is the House. amendment offered by the gentlewoman from New Jersey that would be § 3.21 Where there are two before the House. matters of equal preference THE CHAIRMAN: That is before the Committee now. brought before the House at MR. BOILEAU: Would not perfecting the same time, it is within amendments have priority over an the Speaker’s discretion to amendment to substitute? recognize whichever matter THE CHAIRMAN: So far as voting is he chooses to be considered concerned, yes. first. MR. BOILEAU: I appreciate that fact, ( ) but may I propound a further par- On Sept. 22, 1966, 4 an an- liamentary inquiry, whether or not a nouncement was made concerning Member rising in his place and seeking a change in the legislative pro- recognition would not have a prior gram. A Member raised a par- right to recognition for the purpose of liamentary inquiry as a result of offering a perfecting amendment to the the change. amendment now pending? THE CHAIRMAN: It does not nec- MR. [WILLIAM M.] COLMER [of Mis- essarily follow that such Member sissippi]: Mr. Speaker, a parliamentary would have a prior right. Recognition inquiry. is in the discretion of the Chair. Under the rules of the House, as I understand them, this rule, House Res- MR. BOILEAU: I recognize it does not olution 1007, to bring up the so called necessarily follow, but I am trying to House Un-American Activities Com- have the matter clarified. Therefore I mittee bill, is a privileged matter, and ask the Chair whether or not a Mem- if it is not programed, then the gen- ber who qualifies as offering a per- tleman handling the rule or any mem- fecting amendment does not have prior ber of the Rules Committee, may call it right of recognition in offering such up as a privileged matter. Is my under- amendment? standing correct about that? THE CHAIRMAN: The Chair has tried THE SPEAKER [John W. McCormack, to be as helpful as he could, but the of Massachusetts]: The gentleman’s Chair does not feel he should estop himself of his own discretion in the 4. 112 CONG. REC. 23691, 89th Cong. matter of recognitions. 2d Sess.

453 Ch. 6 § 3 DESCHLER’S PRECEDENTS

understanding is correct. Of course, on Rules and asked for its imme- the question of recognition is with the diate consideration. After certain Chair, where there are two similar preferential matters, but the gentle- remarks on House Resolution 665 man’s understanding is correct that were made, the Speaker declared after 7 legislative days a member of a recess pending the receipt of the the Rules Committee could call it up. engrossed copy of H.R. 10222. The If it were a question of recognition, if recess having expired, the House the same preferential status existed at was called to order by the Speaker the same time, recognition rests with and the proceedings were as fol- the Chair. lows:

§ 3.22 It is within the Speak- THE SPEAKER: The unfinished busi- er’s discretion to recognize a ness is the reading of the engrossed Member for a parliamentary copy of H.R. 10222. inquiry regarding a resolu- The Clerk will read the engrossed copy. tion and, after such is stated MR. OLIVER P. BOLTON [of Ohio]: Mr. and without answering the Speaker, a parliamentary inquiry. inquiry, recognize another THE SPEAKER: The gentleman will Member for the purpose of state his parliamentary inquiry. withdrawing a pending reso- MR. OLIVER P. BOLTON: Mr. Speaker, lution. when the recess was called, it was my understanding that we were engaged On Apr. 8, 1964,(5) Speaker in the consideration of [H. Res. 665]. Is John W. McCormack, of Massa- it not the rule of the House that we chusetts, indicated the nature of must finish the consideration of that the Speaker’s power of recognition measure before we take up any other measure which has been passed over during the consideration of two for parliamentary and mechanical rea- measures before the House. The sons? Committee of the Whole had risen MR. [RICHARD] BOLLING [of Mis- and reported to the House matters souri]: Mr. Speaker—— pertaining to a bill (H.R. 10222). THE SPEAKER: The gentleman from Upon demand by a Member the Missouri [Mr. Bolling]. bill was ordered to be engrossed MR. BOLLING: Mr. Speaker, under the rules I withdraw House Resolution and read a third time. While prep- 665. aration of the engrossed copy of MR. OLIVER P. BOLTON: Mr. Speaker, the bill was taking place, a Mem- a parliamentary inquiry. ber called up House Resolution MR. [CHARLES A.] HALLECK [of Indi- 665 by direction of the Committee ana]: Mr. Speaker, that takes unanimous consent, and I object. 5. 110 CONG. REC. 7303, 7304, 88th THE SPEAKER: The Chair will state Cong. 2d Sess. that it does not take unanimous con-

454 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3 sent to withdraw the resolution in the The Clerk will read the engrossed House. copy of H.R. 10222 MR. OLIVER P. BOLTON: Mr. Speaker, it is my understanding that the Speak- § 3.23 The power of recogni- er was addressing the Member now ad- tion vested in the presiding dressing the Chair and had not given officer is not infringed upon an answer to my question. Therefore, if unanimous consent is re- the recognition of the Member from the other side, the gentleman from Mis- quested and received to rec- souri [Mr. Bolling] was out of order. ognize a Member to speak at Am I incorrect? a certain time. THE SPEAKER: The recognition of the The Chairman of the Committee gentleman from Missouri [Mr. Bolling] terminated the parliamentary inquiry. of the Whole, being also a Mem- MR. OLIVER P. BOLTON: In other ber, may invoke his right to object words, the Speaker did not answer the to a unanimous-consent request. parliamentary inquiry; is that correct? On Dec. 9, 1947,(6) the Chair- THE SPEAKER: Since the resolution man of the Committee of the was withdrawn, the parliamentary in- Whole, Earl C. Michener, of quiry was ended. Michigan, responded to an inquiry MR. OLIVER P. BOLTON: If the Speak- er will respectfully permit, the gen- concerning possible infringement tleman from Ohio would suggest that on the power of recognition by the question had been asked before the unanimous consent being given a resolution had been withdrawn. Member to speak: THE SPEAKER: The Chair will state THE CHAIRMAN: As the Chair under- that the Chair has the power of rec- stands the rule, the presiding officer in ognition. Now that the resolution has the Committee is in a dual capacity. been withdrawn, the unfinished busi- First, he is selected to be the presiding ness is the reading of the engrossed officer during the consideration of the copy of H.R. 10222. bill. But by accepting such appoint- MR. OLIVER P. BOLTON: Mr. Speaker, ment he does not lose his right to vote a further parliamentary inquiry. and object as any other Member. That THE SPEAKER: The gentleman will is, his district is not deprived of its state it. rights by virtue of the Chairman selec- MR. OLIVER P. BOLTON: The Speaker tion. That being true, the Chair not had recognized the gentleman from making any objection, I cannot see how Ohio for a parliamentary inquiry. The the rights of the Chair are infringed parliamentary inquiry had been made. upon if the Committee, by unanimous The parliamentary inquiry had not consent, wants to provide that a cer- been answered and yet the Chair rec- tain individual may speak at a certain ognized the gentleman from Missouri. THE SPEAKER: Which the Chair has 6. 93 CONG. REC. 11231, 80th Cong. 1st the power to do. Sess.

455 Ch. 6 § 3 DESCHLER’S PRECEDENTS

hour during the Committee consider- MR. GROSS: Mr. Speaker, I ask ation. If the Chair is agreeable and all unanimous consent that the gentleman Members are agreeable. from Kansas have permission to speak out of order. Controlling Scope of Debate THE SPEAKER: Without objection, it is so ordered. § 3.24 The scope of debate in There was no objection. the House is generally a matter of relevancy which the Controlling Time for Debate Speaker may determine § 3.25 The presiding officer su- when a point of order is pervises the timing of the raised. proceedings by a clock in the On Dec. 10, 1963,(7) Speaker House Chamber. John W. McCormack, of Massa- On Feb. 10, 1964,(8) when a dis- chusetts, discussed the scope of crepancy existed in the times House debate during a ruling on a shown on the clocks in the House point of order related thereto. Chamber, the following question MR. [BYRON G.] ROGERS of Colorado: was asked of the Chairman of the The point of order is we are now con- Committee of the Whole, Eugene sidering the rule on the indigent de- J. Keogh, of New York: fendant’s bill. The gentleman from Kansas is talking about the civil rights MR. [ROBERT H.] MICHEL [of Illinois]: bill, and is out of order. By what clock are we operating this THE SPEAKER: The Chair is prepared afternoon? to rule. THE CHAIRMAN: The one the Chair is The Chair takes a lenient attitude looking at.(9) toward debate in the House. If the gentleman from Kansas feels that there is § 3.26 It is within the authority anything involved in this bill that of the Chairman of the Com- might be connected with legislation concerning civil rights, the Chair feels mittee of the Whole to super- that the gentleman, who is conversant vise the control of time for with the rules, is proceeding and will debate, and when he is not proceed in order. informed of a delegation of The gentleman from Kansas may control of time the delega- proceed. MR. [HAROLD R.] GROSS [of Iowa]: tion is ineffective. Mr. Speaker, will the gentleman yield? ONG EC MR. [WILLIAM H.] AVERY [of Kansas]: 8. 110 C . R . 2724, 88th Cong. 2d Yes, Mr. Speaker, I yield to the gen- Sess. tleman from Iowa. 9. Parliamentarian’s Note: The clock the Chair was ‘‘looking at’’ was the 7. 109 CONG. REC. 23968, 88th Cong. clock on the north wall of the House 1st Sess. Chamber.

456 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

On Jan. 31, 1964,(10) during the MR. WHITENER: I thank the chair- course of the following debate the man.... Chairman of the Committee of the THE CHAIRMAN: The time of the gen- Whole, Eugene J. Keogh, of New tleman has expired. MR. RODINO: Mr. Chairman, I yield York, indicated the manner by myself 10 minutes, and I wish to state which a delegation of control of I am acting for the chairman of the time for debate is effective. Committee on the Judiciary who asked me to take charge of the time for him MR. [BASIL L.] WHITENER: [of North in his absence. Carolina]: If the gentleman will get me more time, I will be glad to yield to the THE CHAIRMAN: The gentleman from gentleman. New Jersey is recognized. MR. [PETER W.] RODINO [Jr., of New Jersey]: I will give the gentleman 1 § 3.27 It is within the authority extra minute. of the Speaker and the MR. WHITENER: I yield to the gen- House, and not the Chairman tleman, but please do not take more of the Committee of the than 1 minute. Whole, to decide whether THE CHAIRMAN: The Chair has to in- time for continued consider- form the gentleman from North Caro- lina that the gentleman from New Jer- ation of an unfinished bill sey does not have control of the time. will be given in the legisla- MR. WHITENER: Then, Mr. Chair- tive program. man, I must respectfully decline to On Apr. 26, 1948,(11) the Chair- yield to the gentleman.... man of the Committee of the MR. [BYRON G.] ROGERS of Colorado: Mr. Chairman, a point of order. Whole, Leslie C. Arends, of Illi- THE CHAIRMAN: The gentleman will nois, responded to an inquiry state the point of order. about what time might be pro- MR. ROGERS of Colorado: Mr. Chair- vided for a continuation of consid- man, the gentleman from New Jersey eration of an unfinished bill. is now in charge of the time in the absence of the chairman, the gentleman MR. AUGUST H. ANDRESEN [of Min- from New York [Mr. Celler]. nesota]: Mr. Chairman, a parliamen- THE CHAIRMAN: The Chair was not tary inquiry. informed that the gentleman from New THE CHAIRMAN (Mr. Arends): The York is absent nor is the Chair in- gentleman will state it. formed that the gentleman from New MR. AUGUST H. ANDRESEN: Mr. Jersey is now in charge of the time. Chairman, I understand that the Com- The gentleman from North Carolina mittee will rise at 4 o’clock. It is also is recognized. my understanding of the rules that

10. 110 CONG. REC. 1538, 88th Cong. 2d 11. 94 CONG. REC. 4873, 80th Cong. 2d Sess. Sess.

457 Ch. 6 § 3 DESCHLER’S PRECEDENTS

this Committee should meet tomorrow It is only on rare occasions that in order to have continuous consider- Members have not been recognized for ation of the pending legislation. that purpose. How would the gen- I would like to have a ruling of the tleman feel if he had a 1-minute Chair as to whether or not the rules speech to make and he had sent out provide that a day may intervene so his press release and then found out that this legislation may be taken up that the Speaker was not going to recon Wednesday. ognize him? Surely, I think, the gen- THE CHAIRMAN: The Chair may say tleman would feel better if the Speaker that is a matter for the Speaker of the did recognize him; would he not? House and the House itself to deter- MR. ARENDS: According to a person’s mine. It is not something within the views—I think it would be the reverse. jurisdiction of the [Chairman of the MR. MCCORMACK: Does the gen- Committee of the Whole] to decide. tleman mean at the end of the day? MR. ARENDS: You said that this § 3.28 The Speaker has set pol- might be ‘‘dynamic democracy.’’ I icy with regard to the prac- would rather it would be started when tice of one-minute speeches we have the time rather than be start- by Members. ed at noon. On July 22, 1968,(12) Speaker MR. MCCORMACK: It is an integral part of the procedure of the House and John W. McCormack, of Massa- I like to adhere to it. Very seldom have chusetts, discussed the practice of I said to Members that I will accept permitting one-minute speeches only unanimous-consent requests for from the floor of the House: extensions of remarks. I hesitate to do it. I think every Member realizes that MR. [LESLIE C.] ARENDS [of Illinois]: I am trying to protect their rights. . . . Would it be proper if Members MR. [DURWARD G.] HALL [of Mis- were permitted to extend their re- souri]: I thank the gentleman for yield- marks and make their 1-minute ing. speeches at the end of the legislative day in order that we might just get I think the question is not that of started right away on the legislative eliminating the 1-minute speeches program when we meet. after the Members have their news re- leases out. But it is a question of not MR. MCCORMACK: I call the 1-minute period ‘‘dynamic democracy.’’ I hesitate going back after the second or third to take away the privilege of a Member rollcall and rerecognizing speeches. In as to speaking during that period and this connection does ‘‘dynamic democ- it has become a custom and a practice racy’’ mean the same thing as benign of the House. I think it is a very good but beneficial dictatorship—which does thing to adhere to that custom and have merit? practice. MR. MCCORMACK: The gentleman from Missouri has raised a very inter- 12. 114 CONG. REC. 22633, 22634, 90th esting question. Many times I have Cong. 2d Sess. said to myself, I am going to announce

458 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

that the 1-minute speeches will have to MR. [HAROLD R.] GROSS [OF IOWA]: be at 12 o’clock and not thereafter. But Mr. Speaker, reserving the right to I have not come to the making of that object—— resolution because I just could not THE SPEAKER: The gentleman from bring myself to it. It is somewhat late Arkansas asked unanimous consent to in this session to do it and when, of address the House for 1 minute. course, we Democrats control the MR. GROSS: I understand that, Mr. House in the next Congress, and I Speaker, and I reserved the right to hope I will be Speaker, then I might do object. it. I am not promising it, but I may do Mr. Speaker, when the session it. But there is something to what the opened this morning the Speaker— gentleman from Missouri says. very providently, I thought—in the in- MR. HALL: I would appreciate it if terest of—getting on with the legisla- we had a little more ‘‘dynamic democ- tive business, precluded 1-minute racy’’ so that we could get to work on speeches. However, I am not at all cer- the legislative program. tain that it was done for the purpose of MR. MCCORMACK: I realize that any expediting the legislation, but rather to Member who wants to make a 1- prevent 1-minute speeches on the reso- minute speech ought to be here at 12 lution just passed. o’clock. But we are all human beings. THE SPEAKER: . . . As far as the None of us are perfect. Chair is concerned the custom of the 1- minute speech procedure is adhered to On June 17, 1970,(13) Speaker as much as possible because the Chair McCormack made the following thinks it is a very healthy custom. announcement: The Chair had the intent, after the disposition of the voting rights bill, to THE SPEAKER: The Chair will recog- recognize Members for 1-minute nize Members for unanimous-consent speeches or further unanimous-consent requests to extend remarks, and so requests if they so desired to do so. forth, or for 1-minute speeches with yielding back of the time, and later in Construing and Applying the day the Chair will recognize Mem- bers for 1-minute speeches if Members House Rules desire to present them.... § 3.29 It has been held within MR. [WILLIAM V.] ALEXANDER [Jr., of Arkansas]: Mr. Speaker, I ask unani- the authority of the Speaker mous consent to address the House for to look to all pertinent facts 1 minute, to revise and extend my re- concerning a matter in order marks and to include extraneous mat- to construe House rules ter. sought to be applied thereto. THE SPEAKER: Is there objection to ( ) the request of the gentleman from Ar- On Aug. 13, 1937, 14 Speaker kansas? William B. Bankhead, of Ala-

13. 116 CONG. REC. 20158, 20245, 91st 14. 81 CONG. REC. 8842–45, 75th Cong. Cong. 2d Sess. 1st Sess.

459 Ch. 6 § 3 DESCHLER’S PRECEDENTS bama, described the cir- mitted to the Chair, because it involves cumstances that could be consid- the right of the contestant or the ered in construing a rule of the contestee to have the issue presented to this House as to whether or not the House. contestant or the contestee is entitled MR. [JOHN H.] KERR [of North Caro- to a seat on the floor.... lina]: Mr. Speaker, I offer a privileged The Chair thinks it proper in the report in the election contest of Roy construction of this issue not only to against Jenks. take into consideration the verbiage of The Clerk read the title of the reso- this rule but also a provision of the lution. Constitution of the United States THE SPEAKER: Referred to the House which has been cited in this argument. Calendar and ordered printed. Section 5 of article I of the Constitu- MR. [CHARLES W.] TOBEY [of New tion, in part, provides: Hampshire]: Mr. Speaker, I rise to Each House shall be the judge of make a point of order against the ac- the elections, returns, and qualifica- ceptance by the House of the report tions of its own Members. and resolution just offered by the The Chair is of opinion that al- chairman of Elections Committee No. though the terms of the rule are in the 3. language read by the Chair and as ar- Mr. Speaker, it is my contention that gued by the gentleman from New the making of this report constitutes a Hampshire, yet, nevertheless, the violation of section 47 of rule 11 of the Chair must look at all the facts in the rules of the House of Representatives, case in order to reach a decision as to which reads as follows: what was the fair intention of the 47. The several elections commit- House of Representatives in the adop- tees of the House shall make final tion of this rule.... report to the House in all contested election cases not later than 6 The contestee and the contestant months from the first day of the first having each more than 6 months regular session of the Congress to under the statutes to present their which the contestee is elected except case, the Chair is of opinion that under in a contest from the Territory of all of the circumstances the fair and Alaska in which case the time shall not exceed 9 months. reasonable and just interpretation of this rule justifies him in overruling the The language of this rule is not per- point of order, and the Chair does missive; it is mandatory, compel- overrule the point of order.(15) ling.... After lengthy debate Speaker 15. Parliamentarian’s Note: The first Bankhead said: regular session of the 75th Congress began on Jan. 5, 1937. The point of THE SPEAKER: The Chair is prepared order in this case was that the time to rule on this point of order.... period under the rule in question . . . Of course, this is a rather seri- was six months, and therefore the ous proposition which has been subcommittee did not have jurisdiction

460 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

Ruling on Resolutions mother to nurse her baby in the House gallery. . . . § 3.30 The Speaker normally . . . Therefore be it Resolved, That said report ema- does not rule on whether a nating from Washington and pub- resolution is a privileged one lished generally in the United States until the reading of it is con- was incorrect and without warrant. cluded. MR. [JOHN E.] RANKIN [of Mis- sissippi] (interrupting the reading of ( ) On July 9, 1935, 16 a Member the resolution): Mr. Speaker, I make rose to present what he consid- the point of order that enough of the ered to be a privileged resolution. resolution has been read to show that it is not privileged. MR. [THOMAS L.] BLANTON [of MR. BLANTON: It should be privi- Texas]: Mr. Speaker, I have a matter leged when the House of Representa- of correcting a false report that should tives has been charged with having require not more than a few minutes. shown disrespect and an inexcusable For the purpose of getting it imme- indignity to an American mother. diately before the House, I rise to a MR. RANKIN: Mr. Speaker, it does question of the privileges of the House not reflect on the dignity of the pro- and present a privileged resolution. ceedings of the House at all. The Clerk read the resolution, as fol- THE SPEAKER [Joseph W. Byrns, of lows: Tennessee]: The Clerk will finish the reading of the resolution. The Chair RESOLUTION cannot pass on the matter until the Whereas all over the United States reading of the resolution has been con- the press has erroneously asserted cluded. . . . that in a brusque, uncalled-for manner the Doorkeeper of the House of § 3.31 Although the Chairman Representatives forced a mother and child to leave the House gallery be- of the Committee of the cause she was nursing her baby, and Whole does not ordinarily inferentially censuring the House of rule on the effect of an Representatives for not allowing a amendment, he has inter- on Aug. 13 to submit the report. The preted questioned language issue of the contested election was in order to rule on a point of filed with the committee on July 21, order. 1937, and immediately referred to (17) the Committee on Elections No. 3. On Apr. 26, 1966, a point of Thus in construing the rule, the order was raised concerning the Speaker in effect held that the six effect of a proposed amendment. months’ time period in question was MR. [JAMIE L.] WHITTEN [of Mis- directory and not mandatory in na- sissippi]: Mr. Chairman, I make a ture. 16. 79 CONG. REC. 10905, 74th Cong. 1st 17. 112 CONG. REC. 8968, 8969, 89th Sess. Cong. 2d Sess.

461 Ch. 6 § 3 DESCHLER’S PRECEDENTS

point of order against the amendment Whole, Richard Bolling, of Mis- offered by the gentleman from Illinois souri, made the following inquiry on the ground that it is legislation on an appropriation bill.... of a Member: THE CHAIRMAN [Eugene J. Keogh, of THE CHAIRMAN: The Chair would New York]: The Chair is prepared to like to ask the gentleman from Wash- rule. ington a question. What is the reason The gentleman from Illinois [Mr. for the inclusion of language at the end Finley] has offered an amendment . . . to which amendment the gentleman of the amendment reading: from Mississippi has made a point of Except pursuant to an agreement order on the ground that it is legisla- hereafter made by the President by tion on an appropriation act. and with the advice and consent of The language sought to be inserted the Senate as provided by section by the amendment reads as follows: 205 of the National Aeronautics and Space Act of 1958. No funds appropriated by the Act shall be used to formulate or admin- The Chair, to make it clear why he ister a Federal crop insurance pro- is asking the question, has examined gram for the current fiscal year that section 205 of that act. That says: does not meet the administrative and operating expenses from pre- INTERNATIONAL COOPERATION mium income. Sec. 205. The Administration, It might be said that the effect of under the foreign policy guidance of any proposed amendment is truly not the President, may engage in a pro- within the competence of the Chair. gram of international cooperation in But a reading of this language indi- work done pursuant to this Act and cates to this occupant of the chair that in the peaceful application of the re- there is here sought an express limita- sults thereof, pursuant to agree- tion on the funds appropriated by the ments made by the President with the advice and consent of the Senate. pending bill and the Chair, therefore, overrules the point of order. The problem the Chair is considering is why there is any need to include the Inquiries by Chair language at the end of the amendment unless in some way it changes existing § 3.32 The Chairman of the law? Committee of the Whole may MR. [THOMAS M.] PELLY [of Wash- inquire of a Member offering ington]: Mr. Chairman, I would say an amendment the purpose that it does not change existing law of including therein a ref- but simply follows it. But, in order to clarify this matter I ask unanimous erence to existing law. consent to strike from the amendment On Oct. 10, 1963,(18) the Chair- the words from ‘‘except pursuant to an man of the Committee of the agreement’’ to the end. THE CHAIRMAN: Is there objection to 18. 109 CONG. REC. 19260, 88th Cong. the request of the gentleman from 1st Sess. Washington?

462 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

There was no objection. pealed from would have no right other than to allow that appeal to go before Answering Inquiries the entire committee; is that right, Mr. Speaker? § 3.33 The Speaker may an- THE SPEAKER: The rules of the swer parliamentary inquiries House provide that the rules of the regarding the applicability of House are made the rules of its standing committees so far as applicable. the rules of the House to The Members of the House have a standing committees. right to appeal from a decision of the On Feb. 15, 1949,(19) parliamen- Chair. That would also apply in a com- tary inquiries were made con- mittee. cerning the applicability of the MR. [JOHN E.] RANKIN [of Mis- sissippi]: Mr. Speaker, a parliamentary House rules to the standing com- inquiry. mittees. THE SPEAKER: The gentleman will MR. [EARL] CHUDOFF [of Pennsyl- state it. vania]: Mr. Speaker, a parliamentary MR. RANKIN: Suppose a question is inquiry. raised here and a roll call is asked for, THE SPEAKER [Sam Rayburn, of and one-fifth of the Members rise and Texas]: The gentleman will state it. ask for a roll call, and the Chair holds MR. CHUDOFF: Mr. Speaker, I should that a roll call is called for, no appeal like to know whether the committees from that ruling would be in order, of this House operate under the same would it? rules as the House. THE SPEAKER: That would be in ac- THE SPEAKER: The rules of the cordance with the rules of the House. House so provide. MR. RANKIN: Certainly. That is just MR. CHUDOFF: Mr. Speaker, I should what happened in the committee this like to know further whether this morning. I demanded a roll call and House has a right to appeal from a rul- asked for a showing of hands, and ing of the Chair. more than one-fifth voted for a roll THE SPEAKER: Any Member has the call. One member tried to appeal from right to appeal from the ruling of the the decision, which, of course, was ri- Chair. diculous. Then a few of them walked MR. CHUDOFF: I should like to know out, evidently to keep from going on whether, under that ruling, members record. of the committee can appeal from the THE PEAKER ruling of the chairman of the com- S : The Chair was only mittee. answering the parliamentary inquiry. He does not know what happened in THE SPEAKER: They can. the committee. MR. CHUDOFF: So that the chairman of a committee who had his ruling ap- § 3.34 The Speaker may de- 19. 95 CONG. REC. 1212, 1213, 81st cline to immediately answer Cong. 1st Sess. a parliamentary inquiry

463 Ch. 6 § 3 DESCHLER’S PRECEDENTS

when the inquiry would bet- MR. [HOWARD W.] SMITH of Virginia: ter be taken under advise- Mr. Speaker, I desire to propound a ment. parliamentary inquiry. THE SPEAKER: The gentleman will On July 21, 1956,(20) a par- state the parliamentary inquiry. liamentary inquiry was directed to MR. SMITH of Virginia: Mr. Speaker, Speaker Sam Rayburn, of Texas: the bill, H.R. 6127, known as the civil rights bill, as it passed the House, con- MR. [CLARE E.] HOFFMAN [of Michi- tained an amendment, one amend- gan]: Mr. Speaker, a parliamentary in- ment, which should have been printed quiry. on page 13 where it was adopted. By THE SPEAKER: The gentleman will inadvertence an error was made in the state the parliamentary inquiry. Journal and in the printing of the bill, MR. HOFFMAN [of Michigan]: Mr. and the bill was printed so that the Speaker, can a regular or select com- amendment appears at the bottom of mittee of the House authorize its chair- page 8 of the bill instead of as a new man to file, subsequent to adjournment section on page 13. It was so messaged sine die, with the Clerk for printing as to the other body in the erroneous House documents reports which are form. In other words, the House sent approved by a majority of the members to the other body a bill which is not in of the committee, if such reports do not conformity with the action of the purport to represent the views and House. The bill was received by the conclusions of the entire membership? other body and was read the first time THE SPEAKER: That is something the and was then read the second time and Chair would certainly have to take it is now on the calendar of the other under advisement and it would take body. My parliamentary inquiry is some time. whether it is not the proper procedure at this time to ask the other body to § 3.35 The Speaker may re- return the bill to the House for action quest that a parliamentary to conform to what actually took place inquiry be withheld under and to conform with the Record and certain circumstances until the Journal of the House. the Speaker has had suffi- THE SPEAKER: The Chair would ask the gentleman from Virginia to with- cient time to determine cer- hold his inquiry for the purpose of ena- tain facts. bling the Chair to look further into the On July 8, 1957,(1) a parliamen- matter. tary inquiry was addressed to MR. SMITH of Virginia: I thank the Speaker Sam Rayburn, of Texas: Speaker. § 3.36 The Speaker, and not 20. 102 CONG. REC. 13832, 84th Cong. 2d Sess. the Chairman of the Com- 1. 103 CONG. REC. 11012, 85th Cong. mittee of the Whole, is con- 1st Sess. sidered the proper person to 464 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

answer parliamentary in- liamentary inquiries regard- quiries regarding points of ing voting requirements in order which might be made the House. against a conference report On June 13, 1946,(3) a par- under consideration in the liamentary inquiry was addressed House. to the Chairman of the Committee of the Whole, William M. On May 18, 1966,(2) a par- Whittington, of Mississippi: liamentary inquiry was addressed MR. [FRANCIS H.] CASE [of South Da- to the Chairman of the Committee kota]: Mr. Chairman, a parliamentary of the Whole, Eugene J. Keogh, of inquiry. New York: THE CHAIRMAN: The gentleman will state it. MR. [CHARLES R.] JONAS [of North MR. CASE: Would it be possible to Carolina]: Mr. Chairman, a parliamen- get a rule making in order a paragraph tary inquiry. which had previously been stricken THE CHAIRMAN: The gentleman will from the bill on a point of order, unless state his parliamentary inquiry. that rule was adopted by a two-thirds vote? MR. JONAS: In case the bill agreed on THE CHAIRMAN: The Chair may say in the conference should delete this to the gentleman that that inquiry is amending language, and the bill which not one that can be answered in the came back to the House contained the Committee of the Whole. It is a matter objectionable language, against which that would have to be determined by the point of order was lodged, could a the Speaker of the House. point of order be made against the conference report to strike that language? § 3.38 It is within the authority THE CHAIRMAN: The present occu- of the Speaker, and not the pant of the chair would not assume to Chairman of the Committee undertake to suggest what would be of the Whole, to answer par- done by the Speaker in that event. liamentary questions con- MR. JONAS: That would be a matter for the Speaker to decide. cerning possible procedures THE CHAIRMAN: The gentleman is whereby the House could au- correct. thorize the Committee of the Whole to sit in executive ses- § 3.37 The Speaker, and not sion. the Chairman of the Com- On May 9, 1950,(4) a parliamen- mittee of the Whole, is con- tary inquiry was addressed to the sidered the person having authority to answer par- 3. 92 CONG. REC. 6877, 79th Cong. 2d Sess. 2. 112 CONG. REC. 10895, 89th Cong. 4. 96 CONG. REC. 6746, 81st Cong. 2d 2d Sess. Sess.

465 Ch. 6 § 3 DESCHLER’S PRECEDENTS

Chairman of the Committee of the The Chair, in his official capacity as Whole: Speaker of the House, has been served with a subpena duces tecum, issued by MR. [ERRETT P.] SCRIVNER [of Kan- the U.S. District Court for the District sas]: Mr. Chairman . . . I would sub- of Columbia, commanding him to ap- mit a parliamentary inquiry as to pear in the said court to testify in the whether or not an executive session could be held and, if so. what proce- case of the United States of America dure would be necessary to bring that against Russell Nixon, Dagmar Wilson, to pass before we are asked to vote and Donna Allen on the 18th day of upon the $350,000,000 additional. March 1965. THE CHAIRMAN [Mike Mansfield, of Under the precedents of the House, Montana]: The Chair will state to the the Chair is unable to comply with this gentleman from Kansas that the Com- subpena without the consent of the mittee of the Whole would have no House, the privileges of the House control over that. That would be a mat- being involved. The Chair therefore ter for the House itself to decide. submits the matter for the consider- MR. SCRIVNER: I understand that, of ation of this body. The Clerk will read course, and raised the question for in- a copy of the subpena....(6) formation of the Members. Since it is a matter for the House to determine, as a further parliamentary inquiry, what Certifying for Contempt would be the method followed to take that action? § 3.40 The Speaker may be au- THE CHAIRMAN: The Chair will say thorized by a formal House to the gentleman from Kansas that a resolution to certify to a U.S. parliamentary inquiry of that sort should be addressed to the Speaker attorney the names of per- rather than the chairman. sons found to be in contempt of a House committee. Accepting subpena On Mar. 28, 1946,(7) the fol- § 3.39 The Speaker accepts lowing resolution was introduced service of a subpena duces in the House: tecum in his official capacity MR. [JOHN S.] WOOD [of Georgia]: as Speaker of the House. Mr. Speaker, I offer a privileged reso- (5) lution (H. Res. 573) and ask for its im- On Feb. 11, 1965, Speaker mediate consideration. John W. McCormack, of Massa- chusetts, made an announcement 6. Parliamentarian’s Note: In order to concerning a subpena duces tecum avoid the problems which might be from a U.S. District Court. associated with his being served in THE SPEAKER: The Chair desires to the Capitol Building, the Speaker make a statement. agreed in advance to receive the deputy marshal in his hotel suite. 5. 111 CONG. REC. 2645, 89th Cong. 1st 7. 92 CONG. REC. 2745. 79th Cong. 2d Sess. Sess.

466 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

The Clerk read the resolution, as fol- named below may be proceeded lows: against in the manner and form provided by law; Richard Morford, 114 Resolved, That the Speaker of the East Thirty-second Street, New House of Representatives certify the York, N.Y. report of the House Committee on Un-American Activities as to the willful and deliberate refusal of the § 3.41 When the Speaker cer- following persons to produce before tifies to a U.S. District Attor- the said committee for its inspection ney for prosecution (2 USC the books, papers, and records of an unincorporated organization known § 194) the name of a person a as the Joint Anti-Fascist Refugee House committee has found Committee, with offices at 192 Lex- ington Avenue, New York, N.Y., to- to be in contempt, it has gether with all the facts relating been held that no further ac- thereto, under seal of the House of tion of the House is required Representatives, to the United States attorney for the District of for the courts to begin pro- Columbia to the end that the said ceedings. persons named below may be proceeded against in the manner and On Nov. 14, 1944,(9) Speaker form provided by law: . . . Sam Rayburn, of Texas, made an [Names] announcement concerning his cer- On Aug. 2, 1946,(8) the following tification to the U.S. Attorney of resolution was introduced in the the District of Columbia of state- House: ments of fact concerning the will-

THE SPEAKER: [Sam Rayburn, of ful refusal of certain individuals Texas]: The Clerk will read the resolu- to testify for a special committee tion. of the House:

The Clerk read as follows: THE SPEAKER: The Chair desires to Resolved, That the Speaker of the announce that during the past recess House of Representatives certify the of the Congress the Special Committee foregoing report of the House Com- to Investigate Campaign Expenditures mittee on Un-American Activities as authorized by House Resolution 551, to the willful and deliberate refusal of the following person to produce Seventy-eighth Congress, reported to before the said committee for its in- and filed with the Speaker statements spection certain books, papers, and of facts concerning the willful and de- records which had been duly subpe- liberate refusal of Edward A. Rumely naed, and to testify under oath con- of the Committee for Constitutional cerning all pertinent facts relating Government and Joseph P. Kamp of thereto; under seal of the House of Representatives to the United States the Constitutional Educational League, attorney for the District of Columbia Inc., to testify and to produce the to the end that the said person books, papers, records, and documents

8. 92 CONG. REC. 10748, 79th Cong. 2d 9. 90 CONG. REC. 8163, 78th Cong. 2d Sess. Sess.

467 Ch. 6 § 3 DESCHLER’S PRECEDENTS

of their respective organizations before olutions of the House, he has, today, the said Special Committee of the made certifications to the U.S. attor- House, and the Speaker, pursuant to ney, District of Columbia, and to the the mandatory provisions of Public U.S. attorney, Commonwealth of Puer- Resolution No. 123, Seventy-fifth Con- to Rico, as follows: gress, certified to the United States at- To the U.S. attorney, District of Co- torney, District of Columbia, the state- lumbia: ment of facts concerning the said [persons].... House Resolution 606, the refusal of Austin J. Tobin to furnish certain MR. [JOHN E.] RANKIN [of Mis- documents to the Committee on the sissippi]: Mr. Speaker, a parliamentary Judiciary. . . . inquiry. THE SPEAKER: The gentleman will state it. Ending Contempt Proceedings MR. RANKIN: Mr. Speaker, what is necessary to dispose of the document § 3.43 The Speaker must be which the Speaker has just read? Will formally authorized by the it require a resolution by the House or House to certify to a U.S. Dis- will it be referred to some committee? trict Attorney the name of a THE SPEAKER: That is not necessary under the statute. It is before the court person who has purged him- now. self of contempt of a House MR. RANKIN: I understand, but in committee for purposes of order to call for court action it will be ending prosecution of the necessary, as I understand it, to have a resolution from the House. person. ( ) THE SPEAKER: The Chair thinks not, On July 23, 1954, 11 the fol- under the law. lowing resolution was introduced in the House: § 3.42 Once authorized by the House, the Speaker certifies MR. [HAROLD H.] VELDE [of Illinois]: to U.S. District Attorneys for Mr. Speaker, I offer a resolution (H. Res. 681) and ask for its immediate prosecution the names of consideration. persons that House commit- The Clerk read the resolution, as fol- tees have found to be in con- lows: tempt. Resolved, That the Speaker of the (10) House of Representatives certify the On Aug. 24, 1960, Speaker report of the Committee on Un- San Rayburn, of Texas, made the American Activities of the House of following announcement: Representatives concerning the action of Francis X. T. Crowley in THE SPEAKER: The Chair desires to purging himself of contempt of the announce that, pursuant to sundry res- House of Representatives of the

10. 106 CONG. REC. 17479, 86th Cong. 11. 100 CONG. REC. 11650, 83d Cong. 2d 2d Sess. Sess.

468 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 3

United States, together with all the MR BULWINKLE: Mr. Speaker—— facts in connection therewith, under seal of the House of Representatives, RECESS to the United States Attorney for the District of Columbia to the end that THE SPEAKER: Pursuant to the inher- legal proceedings based upon the ent power lodged in the Presiding Offi- matter certified by the Speaker pur- cer in case of emergency, the Chair de- suant to H. Res. 541, 83d Congress, clares this House in recess subject to second session, against the said the call of the Chair for the purpose of Francis X. T. Crowley may be withdrawn and dropped in the manner participating in a practice air-raid and form provided by law. drill. The alarm has sounded. Members will leave the Chamber as rapidly as Emergency Recesses possible, and the galleries will be cleared. § 3.44 In cases of emergency, Accordingly (at 2 o’clock and 18 min- the Speaker has the inherent utes p.m.) the House stood in recess, subject to the call of the Speaker. power to declare recesses of ( ) the House subject to the call On Mar. 1, 1954, 13 Speaker Jo- of the Chair. seph W. Martin, Jr., of Massachu- setts, without authorization, de- (12) On Mar. 2, 1943, Speaker clared the House in recess. Sam Rayburn, of Texas, declared a recess of the House pursuant to At approximately 2 o’clock and 30 his inherent powers in the case of minutes p.m. a demonstration and the discharge of firearms, from the south- an emergency. west House Gallery, interrupted the THE SPEAKER: The time of the gen- counting of the vote; the Speaker, pur- tleman from Massachusetts has ex- suant to the inherent power lodged in pired. the Presiding Officer in the case of MR. [JACK] NICHOLS [of Oklahoma]: grave emergency, after ascertaining Mr. Speaker, I offer an amendment. that certain Members had been wound- The Clerk read as follows: ed and to facilitate their care, at 2 o’clock and 32 minutes p.m. declared Amendment offered by Mr. Nich- ols: On page 1, line 4, after ‘‘on’’ and the House in recess, subject to the call before ‘‘aviation’’, insert ‘‘civil and of the Chair. commercial.’’

Mr. [ALFRED L.] BULWINKLE [of Enforcing Rules of Comity North Carolina]: I rise in opposition to the amendment. § 3.45 The Speaker, on the part THE SPEAKER: The gentleman from of the House, has within his North Carolina is recognized for 1 hour. 13. 100 CONG. REC. 2434, 83d Cong. 2d Sess. 12. 89 CONG. REC. 1487, 78th Cong. 1st For a more detailed treatment of Sess. this precedent, see Ch. 4, supra.

469 Ch. 6 § 3 DESCHLER’S PRECEDENTS

authority the enforcement of ed disagreement with the amazing, in- the customary rules of com- credible, and dismaying remarks regarding American foreign policy of the ity between the House and chairman of the Senate Foreign Rela- the Senate. tions Committee made on the Senate On Jan. 17, 1955,(14) Speaker floor yesterday.... Sam Rayburn, of Texas, an- May the Lord help us should this nounced his policy with the regard sort of policy be in effect—— MR. [KENNETH] HECHLER [of West to the rule of comity between the Virginia]: Mr. Speaker, a point of two Houses. order. THE SPEAKER: The Chair desires to THE SPEAKER: [John W. McCormack, make this statement at the beginning of Massachusetts]: The gentleman will of this session with reference to some- state it. thing that has been maintained by MR. HECHLER: Mr. Speaker, the gen- every Speaker of the House since the tleman’s remarks are directed to a present occupant of the Chair has been Member of the other body, which is a a Member of this body, and that is that violation of the rules of the House. the House of Representatives, regard- THE SPEAKER: The Chair will say less of what any other body or any that under the rules no Member may other individual does, has maintained refer to a Member of the other body, or strictly those rules and regulations to a speech another Member has made which protect and perpetuate the com- in that body. ity between the two Houses. And when The gentleman from New Hampshire any Member of this House rises to will proceed in order. make remarks about what has hap- MR. WYMAN: Mr. Speaker, a par- pened in another body or about any in- liamentary inquiry. dividual in that body, the present occu- THE SPEAKER:: The gentleman will pant of the Chair will certainly see state it. that the rules of the House and the MR. WYMAN: Mr. Speaker, I had no rules of comity between the two intention to violate the rules of the Houses are enforced. House. The speech is a matter of On Mar. 26, 1964,(15) a Member record. It was made by the chairman of made reference to a Senator in the Foreign Relations Committee of the Senate, and I do not know how I the course of debate: could refer to it otherwise. The speech MR. [LOUIS C.] WYMAN [of New is in the Record, and it is before us at Hampshire]: Mr. Speaker, I want to our seats. express myself as being in whole-heart- May I inquire as to how I may now properly refer to the speech and dis- 14. 101 CONG. REC. 386, 84th Cong. 1st associate myself from its views without Sess. referring to its author? 15. 110 CONG. REC. 6361, 88th Cong. 2d THE SPEAKER: The Chair has stated Sess. what the rules of the House are. The

470 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

Chair did not use the word ‘‘violate.’’ ple, the Speaker normally does The Chair did not go that far. The not refer matters to the various Chair simply says reference to a Mem- House committees without first ber of the other body is not proper, and (17) is not consistent with the rules of the examining the measures and House. The gentleman was recognized conferring with the House Parlia- ( ) to proceed in order. mentarian. 18 MR. WYMAN: Mr. Speaker, I will, of The Speaker is, of course, guid- course, accord with the rule and I will ed in his duties by the House therefore refer only to prominently rules and precedents. Thus, he publicized remarks appearing on the normally does not comment on the front pages of the Nation’s newspapers of last night and this morning advisability of one rule over another in a case where a previous rule is in conflict with a current ( ) § 4. Limitations on the rule, 19 nor does he normally rule on a point of order in such a way Speaker’s Powers as to overturn previous rulings, though he has the power to do As previously noted, the Speak- so.(1) er is not unlimited in the exercise Though in certain cir- of his various powers. The House cumstances it might seem helpful rules and precedents serve not for the Speaker to interpret the only as a guide for his actions but Senate rules of procedure, he does also as a constraint on them. In not normally even attempt to do Jefferson’s Manual, the author so. noted the importance of such con- Similarly, the Speaker does not straints: rule on the effect of a resolution And whether these forms be in all being considered by the House cases the most rational or not is really which deals with the House not of so great importance. It is much rules.(2) more material that there should be a rule to go by than what that rule is; 17. See § 4.2, infra. that there may be a uniformity of pro- 18. See § 4.3, infra. See Ch. 16, infra, for ceeding in business not subject to the treatment of reference of bills to caprice of the Speaker....(16) committees. Thus, the Speaker is con- 19. See § 4.4, infra. See Ch. 5, supra, for strained to follow formal proce- treatment of the House rules. dures when they exist. For exam- 1. See § 4.5, infra. See Ch. 31, infra, for fuller treatment of the Speaker’s rul- 16. House Rules and Manual § 285 ings on points of order. (1973). 2. See § 4.8, infra.

471 Ch. 6 § 4 DESCHLER’S PRECEDENTS

Whether a Member may display priety of an announced speech exhibits during his remarks is a topic in advance of its delivery; (13) matter for the House and not the or on how the results of a vote ( ) Speaker to decide. 3 should be construed.(14) Tke Speaker’s duty to rule on In many situations, the Speaker various points of order is limited is entitled to perform certain ac- (4) in certain ways. It is considered tions only after the House has improper for the Speaker to rule, for example: on the constitu- given him its formal authoriza- tionality of measures; (5) on the ef- tion. Thus, for example, under fect of an amendment; (6) on the normal circumstances, the Speak- merits of a measure; (7) on the er must be authorized by the purpose of an amendment; (8) on House prior to declaring a re- the sufficiency, insufficiency, or cess. (15) This authorization may binding effect of a committee re- later be vacated by the House.(16) port; (9) on the substantive effect of The Speaker must also be au- extraneous material in a com- thorized to sign enrolled bills and ( ) mittee report; 10 on the possible joint resolutions during House ad- ambiguity of language in a meas- journments.(17) The Speaker’s sig- ure; (11) on the propriety of in- nature may later be rescinded by structions that might subse- (18) quently accompany a motion to re- House action. ( ) commit a measure; 12 on the pro-

3. See § 4.10, infra. See Ch. 29, infra, Congressional Record Policy for fuller treatment of the Speaker’s role in consideration and debate of § 4.1 Although the Speaker legislative measures, and as to the may have set policy regard- use of exhibits. 4. See Ch. 31, infra, for fuller treat- 13. See § 4.26, infra. ment of the Speaker’s role vis-a-vis 14. See § § 4.27, 4.28, infra. points of order. 15. See § 4.34, infra. See also § 3.44, 5. See § 4.18, infra. supra, for Speaker’s power to declare 6. See § 4.19, infra. recesses in an emergency. See Ch. 7. See § 4.20, infra. 39, infra, for fuller treatment of the 8. See § 4.21, infra. Speaker’s role in recessing the 9. See § 4.22, infra. House. 10. See § 4.23, infra. 16. See § 4.35, infra. 11. See § 4.24, infra. 17. See § § 4.37, 4.38, infra. See Ch. 24, 12. See § 4.25, infra. See Ch. 28, infra, infra, for fuller treatment of the for- for treatment of the germaneness mal passage of bills. rule generally. 18. See § § 4.39, 4.40, infra

472 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

ing matter to be included in it had a heading on it, and . . . one of the Congressional Record, it the Official Reporters in the well of the is a matter for the House to House here called down there at midnight and had that heading changed. decide whether such a pol- It seems to me that we have come to icy, not being a House rule, the time, if Congress is going to control shall be followed. the Congressional Record, that we On Mar. 6, 1945,(19) Speaker might as well find it out. I understand Sam Rayburn, of Texas, discussed it has been the ruling of the Chair that where a Member makes a 1-minute extension of remarks in the Con- speech, if he asks to insert extraneous gressional Record in response to a matter that contains more than 300 parliamentary inquiry: words, the speech must be inserted in the Appendix of the Record. But where MR. [JOHN E.] RANKIN [of Mis- a Member makes his own speech and sissippi]: Mr. Speaker, a parliamentary inquiry. extends his own remarks, he has the right to have that speech appear in the THE SPEAKER: The gentleman will Record at that point.... state it. THE SPEAKER: The Chair can reit- MR. RANKIN: Mr. Speaker, on yester- erate what he has said many times. day several Members made 1 minute speeches. Among them was the gen- When I became majority leader, I tleman from Arkansas . . . the gentle made the statement to the House, after man from Nevada . . . the gentleman consulting with the minority leader, from New York . . . and your humble who I think at that time was Mr. servant. Snell, of New York, that if anyone Without consulting the gentleman asked to proceed for more than 1 from Nevada . . . or the gentleman minute before the legislative program from Arkansas . . . or me, somebody of the day was completed we would ob- down the line inserted our speeches in ject. Since then Members have not the Appendix of the Record and left asked to proceed for more than a the speech made by the gentleman minute before the legislative program. from New York . . . in the body of the Then Members began speaking for a Record where it should be. minute and putting into the Record a As I understand the rules of the long speech, so that 10 or a dozen House, nobody in the Printing Office pages of the Record was taken up be- has any right to change this Record. fore the people who read the Record One reason I am raising this question would get to the legislative program of is this: The Speaker is familiar with the day, in which I would think they the fact that a short time ago, I made would be the most interested. So we a short address on the floor and when adopted the policy—there is no rule it was sent down to the Printing Office about it—of asking that when Mem- bers speak for a minute, if their re- 19. 91 CONG. REC. 1788, 1789, 79th marks are more than 300 words, which Cong. 1st Sess. many times can be said in a minute,

473 Ch. 6 § 4 DESCHLER’S PRECEDENTS

their remarks or any extension of their If we are going to adopt the policy remarks go in the Appendix of the that everybody who speaks in the well Record. The Chair has on numerous of the House and uses over 300 words occasions spoken to those who control must have his speech printed in the the Record and asked them to follow Appendix, it should apply to all of us. that policy. . . . I think this should be a matter MR. RANKIN: Mr. Speaker, I take to be settled by the membership of the issue of course with that policy, be- House. . . . cause these 1-minute speakers do not THE SPEAKER: The House has that abuse the Record, as a rule. The only within its entire control at any time it question that has been raised about desires to act upon the question.... any abuse of the Record in regard to Mr. Rankin: Let me ask the Speaker these 1-minute speeches was with ref- now, I want to know, because the erence to a speech made on the 5th of Members of the House are all inter- February, I believe, wherein the 1- ested, if Members, when they make a minute speaker used several pages. 1-minute speech, use more than 300 THE SPEAKER: The Chair might state words, it is to be printed in the Appen- also that when there is no legislative dix of the Record and not in the body? program in the House for the day, such THE SPEAKER: That is correct. speeches may go in, and they will go in MR. RANKIN: So the rule will be ap- as 1-minute speeches. plied to all alike? MR. [DANIEL A.] REED of New York: THE SPEAKER: The Chair tries to Mr. Speaker, verifying the statement, apply that rule. which, of course, needs no verification, I remember going to the Speaker and Announcing Reference of Bill asking if it would be proper to put the speech in the body of the Record, and § 4.2 The Speaker may refuse the Speaker said that there was no leg- to say, in advance of exam- islative program for the day and there ination of a bill, to which was no reason why a Member could committee the bill will be re- not do it. I assume that was on the 5th of February. ferred. THE SPEAKER: That is correct. On Feb. 1, 1966,(1) parliamen- Mr. Rankin: Let me say to the gen- tary inquiries were addressed to tleman from New York that on yester- Speaker John W. McCormack, of day one of the Members made a speech Massachusetts: that you will find in the Record almost or quite as long as the speech of the MR. [DURWARD G.] HALL [of Mis- gentleman from Nevada . . . or the one souri]: Mr. Speaker, a parliamentary of the gentleman from Arkansas . . . or inquiry. the one that I made. It was placed in THE SPEAKER: The gentleman will the body of the Record, and it was in state his parliamentary inquiry. excess of 300 words. I can go back through the Record here and find nu- 1. 112 CONG. REC. 1716, 89th Cong. 2d merous occasions. Sess.

474 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

MR. HALL: . . . [M]y parliamentary MR. HALL: I thank the Speaker. inquiry would involve two questions: THE SPEAKER: Therefore, the Chair First, would reference of the Presi- does not feel able to pass upon the sec- dent’s message to the Committee on ond inquiry until the Chair has had an Foreign Affairs of this House automati- opportunity to observe the provisions cally involve reference of bills referred of the bill. to therein to the same committee of this House? Bill Reference After Consulta- THE SPEAKER: It would depend upon tion the nature of the bill. The answer as to one does not necessarily follow as to § 4.3 The Speaker may with- the other. On the other hand, the pro- hold referral of a Senate bill visions of the bill and the Rules of the on the Speaker’s Table until House would govern. he has studied the question, MR. HALL: I thank the Speaker. consulted with the Parlia- The second portion of my parliamentary inquiry, Mr. Speaker, if I may mentarian, and decided on continue, is this: In view of the fact the proper jurisdiction. that the military and economic author- On June 6, 1949,(2) Speaker ization requests are to be contained, Sam Rayburn, of Texas, indicated according to the President’s message, the nature of his duty to refer in two separate bills—again, for the bills to committees. first time in some years—would the military authorization part thereof, MR. [WRIGHT] PATMAN [of Texas]: when submitted, apparently by the ad- Mr. Speaker, a parliamentary inquiry. ministration, per this message, be re- THE SPEAKER: The gentleman will ferred to the Legislative Committee on state it. Armed Services of this House, or would MR. PATMAN: Mr. Speaker, may I it go to the Committee on Foreign Af- ask the status of the bill S. 1008, fairs? which, I understand, was messaged over from the Senate on Friday last? THE SPEAKER: The Chair is not pre- THE SPEAKER: The Chair under- pared to answer that inquiry at the stands it is on the Speaker’s table. present time, because the answer to MR. PATMAN: Will it be referred to the second inquiry would relate back to the Committee on the Judiciary? the first inquiry made by the gen- THE SPEAKER: The Chair does not tleman from Missouri, and the re- know about that. sponse of the Chair to that inquiry. MR. PATMAN: What action will be In the opinion of the Chair, the sec- necessary in order to get it referred to ond question is related to the first the committee? question, that question being answered THE SPEAKER: It is the duty and the that it does not necessarily follow that privilege of the Chair to refer bills to specific legislation would be referred to the committee to which the message 2. 95 CONG. REC. 7255, 81st Cong. 1st would be referred. Sess.

475 Ch. 6 § 4 DESCHLER’S PRECEDENTS

whatever committee he desires, after there is a conflict, the Chair will state consultation with the Parliamentarian, that if there is a conflict the rule last of course. The Chair will not recognize adopted would control. The Chair as- any motion in that regard at this time. sumes that if this rule should be found to conflict with previous rules, that the Speaker Guided by Rules and House intended, at least by implica- Precedents tion, to repeal that portion of the previous rule with which it is in conflict. § 4.4 It has been considered The Chair may state that in passing upon this point of order it is not the not within the province of province of the Chair, nor has the the Speaker to pass on the Chair any such intention, to pass upon advisability of a more recent the question of whether or not this House rule which appears to rule is advisable or whether a better conflict with previous ones. one could have been adopted. On July 16, 1935,(3) Speaker Jo- § 4.5 Although it is within the seph W. Byrns, of Tennessee, re- authority of the Speaker to sponded to a point of order. rule on a point of order in THE SPEAKER: The Chair is ready to such a way as to overturn rule. previous precedents of the Last Friday the gentleman from House, the Speaker in most Texas [Mr. Blanton] kindly indicated instances follows the prece- that it was his purpose to make the dents of the House when point of order he has raised today when the House began consideration of they are very clearly applica- the so-called ‘‘omnibus private claims ble to a given situation. bill.’’ The gentleman from Texas has On June 24, 1958,(4) a point of served in the House for many years order was raised against the fol- with distinction and is familiar with the rules of the House, and the Chair lowing remarks of a Member: has given considerable thought to the MR. [THOMAS B.] CURTIS of Missouri: point of order since the gentleman in- . . . If this committee [the Sub- dicated on last Friday that it was his committee of the Interstate and For- purpose again to raise it on this occa- eign Commerce Committee on Legisla- sion. tive Oversight] does not intend to do The gentleman from Texas, in his ar- its job, but rather intends to continue gument today, has contended that this this campaign on these collateral rule conflicts with a number of rules to issues which I have alleged, in my which he has referred. Without passing judgment, amount to defamation, I upon the question of whether or not think it should be called sharply to

3. 79 CONG. REC. 11264, 74th Cong. 1st 4. 104 CONG. REC. 12121, 12122, 85th Sess. Cong. 2d Sess.

476 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4 task first by the full Committee on THE SPEAKER: That is not a question Interstate and Foreign Commerce, and for the Chair to determine. That is a if the full committee fails in this re- question for the House to change the sponsibility then the House should rule. take action.... Not only is this sub- MR. CURTIS of Missouri: Mr. Speak- committee, in my judgment, not doing er, is it a rule or is it a ruling? If it is the job that needs to be done, it has a ruling of the Chair, then it is appro- brought the institution again, in my priate for the Chair to consider it. judgment, into disrepute by dis- THE SPEAKER: The precedents of the regarding the rules of the House and House are what the Chair goes by in permitting a committee of the House to most instances. There are many prece- be used as a forum in this fashion. dents and this Chair finds that the MR. [OREN] HARRIS [of Arkansas]: precedents of the House usually make Mr. Speaker, I must object again and mighty good sense. ask that those words be deleted. MR. CURTIS of Missouri: But the MR. CURTIS of Missouri: I would like Chair can change a precedent. That is to ask the gentleman before he does, why I am trying to present this mat- just what language is he objecting to? ter. MR. HARRIS: To the charge that this THE SPEAKER: If the Chair did not committee is violating the rules of the believe in the precedents of the House, House. then the Chair might be ready to do that, but this Chair is not disposed to MR. CURTIS of Missouri: Well, I certainly do charge that and I think it is overturn the precedents of the House proper to charge such a thing if I have which the Chair thinks are very clear. presented the evidence. How else are we going to present the case to the Interpreting Senate Rules House? THE SPEAKER [Sam Rayburn, of § 4.6 The Chairman of the Texas]: There is a long line of decisions Committee of the Whole may holding that attention cannot be called decline to interpret the rules on the floor of the House to pro- or procedures of the Senate. ceedings in committees without action (5) by the committee. The Chair has just On June 6, 1961, a Member been reading a decision by Mr. Speak- raised the following question: er Gillett and the decision is very posi- MR. [WILLIAM H.] AVERY [of Kansas]: tive on that point. Mr. Chairman, the language of the MR. CURTIS of Missouri: Mr. Speak- amendment now pending at the desk is er, in addressing myself to that, may I the identical language that came into say I am unaware of such a rule and conference from the other body fol- I would argue, if I may, in all pro- lowing action of the House, and my priety, that that rule, if it does exist, amendment in 1959 became incor- should be changed because how else will the House ever go into the func- 5. 107 CONG. REC. 9627, 87th Cong. 1st tioning and actions of its committees? Sess.

477 Ch. 6 § 4 DESCHLER’S PRECEDENTS

porated, I believe, in the conference re- gentleman yield at this time for a par- port. Does that in any way change the liamentary inquiry of the Chair, inas- legislative history of the amendment? much as it is important that we try to envisage, in passing this legislation THE CHAIRMAN [Paul J. Kilday, today, what effect it will have on the of Texas]: The Chair may advise future rules of procedure in the House, the gentleman that nothing is and their application. pending before the Chair, but by MR. [WILLIAM M.] COLMER [of Mis- way of observation, the language sissippi]: I yield to the gentleman from the gentleman speaks of was ap- Missouri. parently added by the other body. THE SPEAKER PRO TEMPORE: The The present occupant of the Chair Chair must advise the distinguished gentleman from Missouri that this is a would not attempt to state or to matter for debate on a resolution pend- interpret the rules or procedure of ing and not a matter properly within the other body. the jurisdiction of the Chair on a parliamentary inquiry. It is up to the Passing on Resolutions and sponsor of the resolution to explain the Special Orders terms of the resolution. § 4.7 The Speaker may decline Quorum Request Not Dilatory to answer hypothetical ques- § 4.9 Since the Constitution de- tions regarding special or- fines a quorum of the House (6) ders. and states that it shall be re- § 4.8 The Chair does not pass quired for the conduct of on the effect of a pending business, a point of order resolution amending the that a quorum is not present House rules. is in order in the absence of a quorum, and the Chair On Apr. 25, 1967,(7) a parliamentary inquiry concerning the does not hold such a point to effect of a resolution [H. Res. 42] be dilatory. amending the rules of the House On Oct. 8, 1968,(8) Speaker pro was addressed to Speaker pro tempore Wilbur D. Mills, of Ar- tempore Carl Albert, of Okla- kansas, heard a parliamentary in- homa: quiry concerning an alleged dila-

MR. [DURWARD G.] HALL [of Mis- tory tactic. souri]: . . . [W]ill the distinguished THE SPEAKER PRO TEMPORE: The gentleman will state his parliamentary 6. Special orders generally, see Ch. 21, inquiry. infra. 7. 113 CONG. REC. 10710, 90th Cong. 8. 114 CONG. REC. 30097, 90th Cong. 1st Sess. 2d Sess.

478 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

MR. [JAMES C.] WRIGHT [Jr., of Permitting Exhibits Texas]: I thank the Speaker for permitting me this additional parliamentary § 4.10 It is for the House and inquiry.... not the Speaker to decide On occasion the Chair has held that whether a Member may be certain motions and points of order amounted to dilatory tactics, and that allowed to display an exhibit that was their obvious motivation, and in debate. on those occasions the Chair has sum- On June 2, 1937,(10) a point of marily refused to recognize such obvi- order was made concerning the ously dilatory points of order and mo- display of an exhibit during de- tions. bate in the House. Mr. Speaker, my point of parliamentary inquiry is: would the Chair not MR. [MAURY] MAVERICK [of Texas]: feel that under the present situation, Mr. Speaker, I make the point of order with repeated points of order being that the gentleman has no right to dis- made that a quorum is not present, play a liquor bottle in the House of immediately followed by the absenting Representatives. of themselves by certain Members who MR. [ROBERT F.] RICH [of Pennsyl- have come in to answer the quorum, to vania]: Mr. Speaker, this is Govern- ment rum, presented to me by Sec- be a rather obvious dilatory tactic, and retary Ickes. one which might obviously lend itself THE SPEAKER: [William B. to the assumption on the part of the Bankhead, of Alabama]: The gen- Chair that a quorum having been es- tleman will suspend. The gentleman tablished and proven so frequently and from Texas makes the point of order repeatedly during the day, would be that the gentleman from Pennsylvania presumed to be present for the comple- has no right to exhibit the bottle with- tion of business? out permission of the House. The point THE SPEAKER: PRO TEMPORE: (Mr. of order is well taken. Mills): The Chair is ready to respond MR. [CHARLES W.] TOBEY [of New to the parliamentary inquiry posed by Hampshire]: Mr. Speaker, a par- the gentleman from Texas. liamentary inquiry. It is the understanding of the Chair that no occupant of the Chair has ever that the Chair has held a point of no in the history of the Congress held quorum to be dilatory when it imme- that a point of order that a quorum is diately follows a call of the House not present is a dilatory tactic. The which discloses the presence of a reasoning, obviously, is that the Con- quorum are not applicable to the sit- stitution itself requires the presence on uation where there is ‘‘intervening the floor of the House of a quorum at business’’ between the establishment all times in the transaction of the busi- of the quorum and the making of the ness of the House of Representatives.(9) point of no quorum. Generally, see Ch. 20, infra. 9. Parliamentarian’s Note: The prece- 10. 81 CONG. REC. 6104, 6105, 75th dents of the House which indicate Cong. 1st Sess.

479 Ch. 6 § 4 DESCHLER’S PRECEDENTS

THE SPEAKER: The gentleman will THE SPEAKER: For what purpose state it. does the gentleman from Montana MR. TOBEY: The Speaker called the rise? attention of the gentleman from Texas MR. MONAGHAN: For the purpose of to the fact that the gentleman had a submitting a parliamentary inquiry. bottle of liquor. THE SPEAKER: The gentleman will state it. How does the Speaker know it is liq- MR. MONAGHAN: Is not the state- uor, sir? ment that was made by the gentleman THE SPEAKER: That is a question of from Oregon [Mr. Mott] correct, that if which the House cannot take judicial this rule passes, then only one par- notice. The point of order is well taken. ticular plan, the plan that we now The Chair will submit it to the have under discussion, may be passed House, if the gentleman insists on dis- upon by the Congress, playing the exhibit. THE SPEAKER: The Chair is not in position to answer that parliamentary MR. MAVERICK: I insist on the point inquiry. That is a matter which will of order, Mr. Speaker. come up subsequently under the rules THE SPEAKER: As many as are in of the House. The Chair would not favor of granting the gentleman from seek to anticipate what the Chairman Pennsylvania the right to exhibit the of the Committee of the Whole may bottle which he now holds in his hand rule or what the Committee itself may will say ‘‘aye’’ and those opposed will do. The Chair feels very certain that say ‘‘no.’’ the Chairman of the Committee will he governed, as all chairmen of commit- The vote was taken and the Speaker tees are, by the rules and precedents of announced that the ayes have it, and the House. Certainly the Chair would the permission is granted. not anticipate his ruling; and in addition to this, the Chair cannot pass Answering Parliamentary In- upon any particular amendment until quiries it has been presented in all its phases. § 4.12 The Chair has declined § 4.11 The Speaker normally to answer a parliamentary declines to answer par- inquiry in the midst of a de- liamentary inquiries that are mand that certain words be improperly addressed to him. taken down. On Apr. 11, 1935,(11) a par- On Oct. 31, 1963,(12) a Member liamentary inquiry was addressed made some remarks which be- to Speaker Joseph W. Byrns, of came the subject of a request that Tennessee: they may be taken down.

MR. [JOSEPH P.] MONAGHAN [of Mon- THE SPEAKER: [John W. McCormack, tana]: Mr. Speaker of Massachusetts]: Under previous

11. 79 CONG. REC. 5457, 5458, 74th 12. 109 CONG. REC. 20742, 88th Cong. Cong. 1st Sess. 1st Sess.

480 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4 order of the House, the gentleman THE SPEAKER: The Chair cannot en- from Texas [Mr. Foreman] is recog- tertain that at this time. nized for 60 minutes. MR. [EDGAR FRANKLIN] FOREMAN: § 4.13 The Speaker does not Mr. Speaker, Mr. Bernard Baruch once entertain hypothetical ques- said: tions. Every man has a right to his opin- (13) ion but no man has a right to be On Sept. 14, 1944, a par- wrong in his facts. liamentary inquiry was addressed My purpose today is to set the facts to Speaker pro tempore Orville straight to clarify and briefly discuss a Zimmerman, of Missouri: seemingly very interesting and dis- MR. [CLARK E.] HOFFMAN [of Michi- turbing subject for some colleagues at gan]: Mr. Speaker, a parliamentary in- least of a recent news article by a quiry. Washington news correspondent em- THE SPEAKER PRO TEMPORE:: The ployed by the Scripps-Howard news- gentleman will state it. papers.... I was surprised to see the MR. HOFFMAN: I gathered from story written by their dedicated Wash- statements which were made on the ington correspondent, Mr. Seth Kantor, floor today that a statement going back last week, because I was quoted as as far as 1920 and containing informa- calling 20 of my colleagues in this body tion as to the amounts of money re- ‘‘pinkos.’’ Apparently in his zeal to quested by the military establishments write a colorful and controversial front of the Government, as to the amounts page story, at the time when congres- that had been recommended by the ex- sional news was very meager, this en- ecutive department, and as to the terprising correspondent decided to do amounts finally appropriated by Con- some name calling for me. gress, had been sent to the Committee ‘‘Pinkos’’ seems to be a very popular on Appropriations, but for some 2 and controversial name, so he wrote a years it had been in the safe over story, ‘‘Foreman Labels 20 Colleagues there, inaccessible to Members of the Pinkos.’’ The fact of the matter is, to House. By what authority or what rule set the record straight, I have only re- of Congress or what rule governing ferred to one Member of this body as a committees was that suppressed? ‘‘pinko.’’ On Friday, October 18, THE SPEAKER PRO TEMPORE (Mr. 1963—— Zimmerman): The present occupant of MR [JOHN J.] ROONEY [of New York]: the chair has no knowledge of any such Mr. Speaker, I demand the gentle- facts, and therefore is not in a position man’s words be taken down. to answer the gentleman’s inquiry. THE SPEAKER: The gentleman will MR. HOFFMAN: Does the Chair mean suspend. The demand has been made he does not have any knowledge that that the gentleman’s words be taken that is true? down. MR. [BRUCE R.] ALGER [of Texas]: 13. 90 CONG. REC. 7772, 78th Cong. 2d Mr. Speaker, a parliamentary inquiry. Sess.

481 Ch. 6 § 4 DESCHLER’S PRECEDENTS

THE SPEAKER PRO TEMPORE: The substitutes can be offered; that at the Chair has no knowledge of that, except conclusion of this two hours of debate that somebody has said it is true, ac- on House Resolution 278 he will move cording to the gentleman’s statement. the previous question, which, if voted MR. HOFFMAN: Submitting that then down, will make amendments or sub- as a hypothetical question. stitutes to House Resolution 278 in THE SPEAKER PRO TEMPORE: The order; at that time will the Speaker Chair does not entertain a hypothetical give preference, if the previous ques- question.... tion is voted down, to the minority who oppose the resolution to control the en- § 4.14 The Speaker normally suing hour, or will the Chair give pref- avoids answering parliamen- erence to committee members who oppose the resolution regardless of which tary inquiries based upon hy- side of the aisle they sit on to offer pothetical facts or future amendments or substitutes to House events which are not certain Resolution 278; and if amendments or of happening. substitutes are offered then will there occur another vote on the previous (14) On Mar. 1, 1967, a par- question, if the preceding previous liamentary inquiry was addressed question is voted down, and what will to Speaker John W. McCormack, be the order of priority in recognizing of Massachusetts: some Member of the House on either side of the aisle, either alternatively MR. [JOE D.] WAGGONNER [Jr., of Democratic and Republican or alter- Louisiana]: Mr. Speaker, in view of the natively Republican and Democratic in fact that I am limited to one inquiry, determining who will control each en- that one inquiry will of necessity be suing hour; and will we have the op- rather long. portunity to vote on all previous ques- Am I correct in assuming that under tions no matter how many amend- the rules in debating House Resolution ments are offered as long as preceding 278 that now, since the time has been previous questions are voted down? extended an additional hour by unani- THE SPEAKER: In answering the sev- mous consent over and beyond what eral questions involved in the state- the rules of the House provide for, that ment made or in the parliamentary in- the gentleman from New York [Mr. quiry made by the gentleman from Celler] will control the time for the 2 Louisiana, the Chair will state that the hours less that yielded to the gen- Chair will follow the rules of the House tleman from West Virginia and that of Representatives as it is the duty of this time will be used for no purpose the Chair to do, and the precedents. except debate of House Resolution 278; The question of the allocation of time that he will have the option of deter- is a matter for the chairman of the mining whether or not amendments or committee, one-half of the time being yielded to the gentleman from West 14. 113 CONG. REC. 4997, 90th Cong. 1st Virginia [Mr. Moore]. Both the chair- Sess. man and the ranking minority member

482 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

of the select committee control the allo- (1) receive such evidence or testi- cation of time. The question of recogni- mony in executive session; tion is one that the Chair will pass Mr. Speaker, my question is this: If upon if that time should arise. the committee determines that the evi- On the other questions of the gen- dence it is about to receive may tend to tleman from Louisiana the Chair will defame, degrade or incriminate a wit- determine them as they arise in accordance with the rules of the House ness, is it not compulsory under the and the precedents. Rules of the House for the committee to hold such hearings in executive ses- § 4.15 Although it is generally sion? within the discretion of the THE SPEAKER: The Chair will state Speaker to construe the ap- that that is a matter which would be in the control of the committee for plicability of a House rule to committee action. a given situation, where a MR. YATES: Mr. Speaker, a further rule explicitly calls for a de- parliamentary inquiry. cision by a House committee THE SPEAKER: The gentleman will the Speaker does not nor- state it. mally answer a general par- MR. YATES: I must say that I do not liamentary inquiry regarding understand the ruling. Is the Chair ruling that a committee can waive this a committee’s actions or fu- rule? That it can refuse to recognize ture actions respecting such this rule? a decision. THE SPEAKER: The Chair would not On Apr. 5, 1967,(15) a par- want to pass upon a general parliamentary inquiry was addressed liamentary inquiry, as distinguished to Speaker John W. McCormack, from a particular one with facts, but the Chair is of the opinion that if the of Massachusetts: committee voted to make public the MR. [SIDNEY R.] YATES [of Illinois]. testimony taken in executive session, it Mr. Speaker, a parliamentary inquiry: is not in violation of the rule, and cer- THE SPEAKER: The gentleman will tainly that would be a committee mat- state it. ter. MR. YATES: Mr. Speaker, rule XI, 26(m) of the Rules of the House of Rep- § 4.16 Although it is consid- resentatives states as follows: ered within the discretion of If the committee determines that the Chair to respond to a evidence or testimony at an inves- tigative hearing may tend to defame, parliamentary inquiry con- degrade, or incriminate any person, cerning an amendment, it is it shall— not considered proper for him to do so before the 15. 113 CONG. REC. 8420, 90th Cong. 1st Sess. amendment is offered.

483 Ch. 6 § 4 DESCHLER’S PRECEDENTS

On June 28, 1967,(16) a par- MR. GROSS: Is is not necessary to liamentary inquiry was addressed ask unanimous consent to withdraw to the Chairman of the Committee the resolution? of the Whole, John J. Flynt, Jr., of THE SPEAKER: It is, but the Chair did not think anyone would object to Georgia: that unanimous consent request. MR. [JOSEPH E.] KARTH [of Min- MR. GROSS: Mr. Speaker, a further nesota]: Mr. Chairman, if that figure parliamentary inquiry. cannot be further amended, and the THE SPEAKER: The gentleman will gentleman chooses to pursue his state it. amendment, and change the figure on MR. GROSS: Will this resolution be page 2, would it then be a proper subject to a rollcall vote when it is amendment? called up again? THE CHAIRMAN: The Chair does not pass on that until an amendment de- THE SPEAKER: That would be up to scribed by the gentleman from Min- the House to decide. nesota is offered. The gentleman’s parliamentary in- When Rulings Would Be Im- quiry is premature. It cannot be made proper until such an amendment is offered. § 4.18 The Chair does not rule § 4.17 Whether a proposition on the constitutionality of will be subject to a roll call measures. vote at a future time is a On Oct. 7, 1966,(18) the Chair- matter for the House, and man of the Committee of the not the Speaker, to decide. Whole ruled on a point of order as ( ) On June 29, 1961, 17 a Member follows: introduced a resolution which became the subject of two par- THE CHAIRMAN (Mr. [Charles Mel- vin] Price [of Illinois]): The Chair is liamentary inquiries when he ready to rule. withdrew it. The gentleman from Virginia [Mr. MR. [SAMUEL W.] FRIEDEL [of Mary- Smith] raises a point of order against land]: Mr. Speaker, I withdraw the res- the amendment as to the constitu- olution. tionality and the germaneness of the MR. [HAROLD R.] GROSS [of Iowa]: amendment. The Chair holds that the Mr. Speaker, a parliamentary inquiry. amendment is germane because it pro- THE SPEAKER: [Sam Rayburn, of vides a different condition in the mat- Texas]: The gentleman will state it. ter of agreement to the compact. As to the question of constitu- 16. 113 CONG. REC. 17754, 17755 90th tionality, the Chair holds that the Cong. 1st Sess. 17. 107 CONG. REC. 11799, 87th Cong. 18. 112 CONG. REC. 25677, 89th Cong. 1st Sess. 2d Sess.

484 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

Chair does not pass upon a constitu- an amendment to a bill, he tional question and this is in keeping does not rule on the merits with the ruling made by the gentleman of the amendment or bill. from Virginia [Mr. Smith] on March 11, 1958. On May 19, 1948,(1) a point of Therefore, the point of order is over- order was raised against an ruled. amendment being considered by the Committee of the Whole: § 4.19 The Chair does not pass on the effect of an amend- MR. [KARL E.] MUNDT [of South Da- kota]: Mr. Chairman, I make the point ment. . . . of order against the amendment that it On June 23, 1960,(19) Mr. Her- is not germane to the pending man C. Anderson, of Minnesota, bill.... sought a determination from the THE CHAIRMAN [James W. Wads- worth, Jr., of New York]: . . . The Chair as to whether an amend- Chair is ready to rule. ment, if adopted, would ‘‘undo’’ The Chair would remind the gen- the work of the previous day. tleman . . . that [the Chair’s] function Chairman Frank N. Ikard, of is not to pass upon the merits of an Texas, in the exchange below, de- amendment nor to pass upon the merits of the bill which the gentleman says clined to rule on the effect of the has already passed the House. The amendment: Chair may personally find himself in MR. ANDERSON of Minnesota: Mr. complete agreement with the objective Chairman, a point of order. sought by the legislation.... but the legislation to which he refers, as the THE CHAIRMAN: The gentleman will Chair understands, has to do with the state it. immigration and naturalization laws of MR. ANDERSON of Minnesota: Is the the United States. This bill pending gentleman’s amendment in order at before the Committee of the Whole this point after the substitute for the does not approach that subject.... It Quie amendment has been adopted? comes from the Committee on Un- THE CHAIRMAN: It is. American Activities. That committee MR. ANNDERSON of Minnesota: And has no jurisdiction over legislation hav- its effect would be to undo everything ing to do with immigration and natu- that we did yesterday? ralization laws. Therefore, the Chair THE CHAIRMAN: The Chair does not holds that the amendment is not ger- pass on the effect of amendments.... mane.

§ 4.20 Although the Chair may § 4.21 The Speaker does not rule on the germaneness of rule on the purpose of a

19. 106 CONG. REC. 14062, 86th Cong. 1. 94 CONG. REC. 6140, 80th Cong. 2d 2d Sess. Sess.

485 Ch. 6 § 4 DESCHLER’S PRECEDENTS

recommended committee On Apr. 14, 1955,(3) a question amendment to a bill. regarding a committee report was On Apr. 1, 1935,(2) a point of raised during debate in the Com- order was raised against an mittee of the Whole: amendment being considered by MR. [ROBERT C.] WILSON of Cali- the House: fornia: I have a question relative to the United States Information Agency as it MR. [MALCOLM C.] TARVER [of Geor- affects the report of the com- gia] (interrupting the reading of the mittee.... committee amendment): Mr. Speaker, I I am wondering if the fact that these desire to make a point of order against limitations appear in the report make the first committee amendment, which them actual limitations in law. [ notice is to strike out all of section 1 after the they are not mentioned in the bill enacting clause and insert certain lan- itself, and I wonder if the committee guage. The language which is proposed regards them as binding on the agency, be inserted is identical with the lan- because there are many serious limita- guage of section 1 now in the bill. The tions, particularly in regard to exhib- proposal of the committee amendment its, for example. I would just like to is simply to strike out existing lan- hear the opinion of the chairman. guage and then reinsert identical lan- MR. [JOHN J.] RODNEY [of New guage. York]: I may say to the gentleman THE PEAKER S : [Joseph W. Byrns, of from California that it is expected that Tennessee]: The Chair cannot pass on they will be the law; and that they are that. The Chair will say to the gen- binding. The fact that they have not tleman from Georgia that is a matter been inserted in the bill is not impor- for the House to determine. The Chair tant. They represent the considered cannot enter into the purpose of the judgment of the committee and we ex- committee in proposing the amend- pect the language of the report to be ment, since that is not within the prov- followed. ince of the Chair. The Chair will sug- MR. WILSON of California: Mr. Chair- gest to the gentleman from Georgia man, a parliamentary inquiry. that the remedy that occurs to the Chair is for the House to vote down THE CHAIRMAN [Jere Cooper, of Ten- the committee amendment and pass nessee]: The gentleman will state it. the bill as originally introduced. MR. WILSON of California: Are limitations written in a committee report § 4.22 The Chair does not rule such as this, but not written into the on the sufficiency, insuffi- wording of the legislation, binding? THE CHAIRMAN: That is not a par- ciency, legal effect, or bind- liamentary inquiry. That is a matter to ing nature of a committee re- be settled by the members of the Com- port. mittee of the Whole.

2. 79 CONG. REC. 4781, 4782 74th 3. 101 CONG. REC. 4463, 4464, 84th Cong. 1st Sess. Cong. 1st Sess.

486 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

MR. WILSON of California: I merely THE SPEAKER: For what purpose wanted it for my own understanding does the gentleman from Illinois rise? and information, for I am fairly new MR. FINDLEY: To propound a par- here. It seems to me rather unusual to liamentary inquiry, Mr. Speaker. consider matter written into a report of THE SPEAKER: The gentleman will the same binding effect on an adminis- state the parliamentary inquiry. trator as though written into the law MR. FINDLEY: I am not clear about itself. the substantive effect of the ruling of THE CHAIRMAN: It is not the preroga- the Chair at this time. Does it mean tive of the Chair to pass upon the sufficiency or insufficiency of a committee that section 105 of the 1949 act and report. section 330 of the 1938 act are repealed by this bill? § 4.23 The Speaker does not THE SPEAKER: The Chair did not rule on the substantive effect pass on that. The Chair simply said that they were included in the report. of extraneous material in a committee report on a bill. § 4.24 The Chair does not rule On Dec. 3, 1963,(4) a parliamen- on whether language con- tary inquiry was addressed to tained in a measure is ambig- Speaker John W. McCormack, of uous. Massachusetts, during the col- On July 5, 1956,(5) certain loquy set out below after his rul- points of order were raised con- ing on a committee report: cerning a pending amendment: THE SPEAKER: The Chair is prepared MR. [ROSS] BASS of Tennessee: I to rule.... make the point of order that the It is the opinion of the Chair that amendment is not germane to the bill. the report of the committee complies with the Ramseyer rule, the purpose of THE CHAIRMAN [Francis E. Walter, which is to give Members information of Pennsylvania]: It is certainly ger- in relation to any change in existing mane to the amendment offered by the law. gentleman from New York to sub- If a report includes some other ref- stitute the word ‘‘decisions’’ for the erences to other laws which in a sense word ‘‘provisions.’’ The Chair so rules. would be surplusage or unnecessary, it MR. BASS of Tennessee: Mr. Chair- is the Chair’s opinion that the com- man, a further point of order. mittee was attempting to give to the THE CHAIRMAN: The gentleman will Members of the House as full informa- state it. tion as was possible.... MR. BASS of Tennessee: I make the MR. [PAUL] FINDLEY [of Illinois]: Mr. point of order that the word ‘‘provi- Speaker—— sions’’ is ambiguous and has no mean-

4. 109 CONG. REC. 23038, 88th Cong. 5. 102 CONG. REC. 11875, 84TH CONG. 2D 1st Sess. SESS.

487 Ch. 6 § 4 DESCHLER’S PRECEDENTS

ing whatever and would make the MR. HALLECK: I thank the Chair. amendment not germane. THE CHAIRMAN: The Chair does not § 4.26 The Chair does not rule rule on the question of ambiguity. It is in advance whether an an- a question of germaneness solely, and nounced topic of speech is in the Chair has ruled that the amendment is germane. order. On Sept. 26 (legislative day, § 4.25 The Speaker does not Sept. 25), 1961,(7) a Member re- rule in advance as to wheth- quested unanimous consent to ad- er a particular motion to re- dress the House on a particular commit a measure with in- topic: structions might be in order. MR. [CLARK E.] HOFFMAN of Michi- (6) On Dec. 19, 1963, a par- gan: Mr. Speaker, I ask unanimous liamentary inquiry was addressed consent that at the conclusion of the to Speaker John W. McCormack, regularly scheduled business of the of Massachusetts, relative to a House and all other special orders for motion to recommit with instruc- today that I may be permitted to pro- tions a conference report. ceed for 5 minutes on the topic: ‘‘Is the Congress Mentally Ill?’’ MR. [CHARLES A.] HALLECK [of Indi- MR. [FRANK T.] BOW [of Ohio]: Mr. ana]: Mr. Speaker, a parliamentary in- Speaker, a parliamentary inquiry. quiry. THE SPEAKER PRO TEMPORE: [John THE SPEAKER: The gentleman will W. McCormack, of Massachusetts]: The state it. gentleman will state it. MR. HALLECK: Mr. Speaker, in the MR. BOW: Is that a proper subject for event that the conference report is debate on the floor of the House? acted on first in the House, as we now understand it will be, would a motion MR. HOFFMAN of Michigan: Mr. to recommit with instructions be in Speaker, I submit neither the Chair order? nor the gentleman from Ohio [Mr. THE SPEAKER: A proper motion Bow], can tell until they hear it. would be. THE SPEAKER PRO TEMPORE: The MR. HALLECK: Of course, it would gentleman from Michigan [Mr. Hoff- have to be germane. If so, a motion to man] asked unanimous consent that recommit to insist on the wheat after all other special orders he be per- amendment, I take it, would be in mitted to address the House for 5 min- order. utes. That is the gentleman’s unani- THE SPEAKER: The Chair, of course, mous consent request? would pass upon any question at the MR. HOFFMAN of Michigan: Yes, Mr. appropriate time. Speaker.

6. 109 CONG. REC. 25249, 88th Cong. 7. 107 CONG. REC. 21466, 87th Cong. 1st Sess. 1st Sess.

488 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

THE SPEAKER PRO TEMPORE: What the gentleman from South Carolina to the gentleman from Michigan [Mr. table the motion of the gentleman from Hoffman] talks about is a matter for Missouri will when their names are him to determine, and then a matter called vote ‘‘aye’’ and those who are op- for the Members. posed will vote ‘‘no.’’ Is there objection to the request of MR. HALL: Mr. Speaker, a further the gentleman from Michigan? parliamentary inquiry. There was no objection. THE SPEAKER PRO TEMPORE: The gentleman will state it. § 4.27 The Chair does not con- MR. HALL: Mr. Speaker, would a ‘‘no’’ vote as just stated by the Chair be strue the consequences of a tantamount to overriding the Presi- ‘‘no’’ vote by the House on a dential veto of the military construc- proposed motion. tion bill? On Sept. 7, 1965,(8) various par- THE SPEAKER PRO TEMPORE: The Chair cannot make such construction liamentary inquiries concerning on a motion. certain motions were addressed to Speaker pro tempore Carl Albert, § 4.28 The Chair does not con- of Oklahoma, as follows: strue the result of a vote. (9) MR. [DURWARD G.] HALL [of Mis- On Sept. 13, 1961, questions souri]: Mr. Speaker, a parliamentary regarding a future vote were ad- inquiry. dressed to Speaker pro tempore THE SPEAKER PRO TEMPORE: The John W. McCormack, of Massa- gentleman will state it. chusetts. MR. HALL: Is a highly privileged motion according to the Constitution sub- MR. [WILLIAM C.] CRAMER [of Flor- ject to a motion to table? ida]: Is it true, Mr. Speaker, that if this motion is voted upon favorably, THE SPEAKER PRO TEMPORE: It is. there will be no opportunity on the MR. [L. MENDEL] RIVERS of South part of the House whatsoever to con- Carolina: Mr. Speaker, a parliamen- sider the vote fraud amendment ap- tary inquiry. proved in a bill—— HE PEAKER RO EMPORE T S P T : The MR. [JOHN J.] ROONEY [of New gentleman will state it. York]: Mr. Speaker, I submit that is MR. RIVERS of South Carolina: Those not a parliamentary inquiry. desiring to table the motion of the gen- MR. CRAMER: Which is now pending tleman from Missouri will vote ‘‘aye’’ before the Committee on Rules? when their names are called. THE SPEAKER PRO TEMPORE: The THE SPEAKER PRO TEMPORE: The Chair has stated before that he has his Chair is about to state the question. So own personal opinion. The Chair can- many as are in favor of the motion by not construe the result of the vote.

8. 111 CONG. REC. 22958, 22959, 89th 9. 107 CONG. REC. 19206, 87th Cong. Cong. 1st Sess. 1st Sess.

489 Ch. 6 § 4 DESCHLER’S PRECEDENTS

Challenge of Conference Re- The Chair has examined the report port and the papers and finds that it is signed by five of the managers on the § 4.29 The Speaker may not im- part of the Senate and six of the seven peach the names of conferees managers on the part of the House. who have signed a con- The Chair has no knowledge, of course, how this report was reached, ference report on a bill when but the Chair cannot impeach the the report has been chal- names of the managers on the part of lenged as being invalid for the two Houses. Furthermore, the Sen- an alleged failure of the con- ate having already received the report, ferees to meet. and according to a message heretofore received by the House has officially ( ) On June 19, 1948, 10 a point of adopted it, the Chair feels that under order was raised regarding a con- the circumstances the report is prop- ference report. erly before the House for such action as the House may see fit to take. The MR. [VITO] MARCANTONIO [of New York]: Mr. Speaker, I make a point of Chair overrules the point of order. order, and I ask the indulgence of the Speaker so that I may argue the point. When Recognition Required THE SPEAKER: [Joseph W. Martin, Jr., of Massachusetts]: The Chair will § 4.30 The Speaker is con- hear the gentleman. strained to recognize on Cal- MR. MARCANTONIO: Mr. Speaker, I endar Wednesdays any Mem- make the point of order that the document which has just been presented is ber properly proposing a mo- not the report of any conference. It is tion to dispense with Cal- not the product of a full and free con- endar Wednesday business. ference as required in Jefferson’s Man- ( ) ual. I make my point of order based on On June 5, 1946, 11 a motion the proposition that there has never was made to dispense with Cal- been a valid conference—specifically, endar Wednesday business. that there has never been a valid meeting on the part of the managers MR. [VITO] MARCANTONIO [of New on the part of the House. . . . York]: Mr. Speaker, that motion is not THE SPEAKER: The Chair is ready to in order. To dispense with Calendar rule. Wednesday requires the unanimous On page 770, volume 5, of Hinds’ consent of the House. . . . Precedents, section 6497 states: THE SPEAKER: [Sam Rayburn, of A conference report is received if Texas]: The Chair will state that the signed by a majority of the managers following was held by Speaker Gillette, of each House. who has been quoted today, as follows:

10. 94 CONG. REC. 9268, 9269, 80th 11. 92 CONG. REC. 6357, 79th Cong. 2d Cong. 2d Sess. Sess.

490 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4

The Speaker is constrained to rec- MR. HOFFMAN: What is the regular ognize on Wednesdays any Member order now? proposing a motion to dispense with THE SPEAKER: The regular order is further proceedings in order on that to see if a quorum develops. day. MR. HOFFMAN: Is it in order to ad- The motion is in order, but it takes journ? a two-thirds vote to pass it. THE SPEAKER: That motion is always in order in the House. § 4.31 Although the Speaker MR. HOFFMAN: If there is not a has the discretion to choose quorum, Mr. Speaker, I move we adjourn. between Members seeking THE SPEAKER: Will the gentleman ( ) recognition, 12 he is obliged withhold that for a moment? to recognize for a privileged THE HOFFMAN: If the Chair is refus- motion when the proponent ing recognition, I will. has the floor and no other THE SPEAKER: The Chair cannot do that. motion of higher privilege is pending or offered.(13) The House then agreed to a motion, offered by Mr. John W. § 4.32 Although the Speaker McCormack, of Massachusetts, to has discretion to recognize, adjourn. or not, a Member under most § 4.33. Inasmuch as Members circumstances, he may not of the Senate may not ad- refuse to recognize a Mem- dress the House unless the ber having the floor for a mo- House rules are changed by tion to adjourn. proper procedure, the Speak- On Mar. 16, 1945,(14) a motion er has declined to recognize to recommit a bill was made. a Member for the purpose of Votes were taken and a quorum asking unanimous consent found not to be present. This led for the consideration of a to a call for adjournment. resolution to allow Senators MR. [CLARE E.] HOFFMAN [of Michi- to address the House. gan]: Mr. Speaker, a parliamentary in- (15) quiry. On Oct. 11, 1943, Members discussed the desirability of invit- THE SPEAKER: [Sam Rayburn, of Texas]: The gentleman will state it. ing certain Senators to address the House. 12. Recognizing for debate, see Ch. 29, MRS. [EDITH NOURSE] ROGERS of infra. Massachusetts: Mr. Speaker, on Thurs- 13. Motions generally, see Ch. 23, infra. 14. 91 CONG. REC. 2379, 2380, 79th 15. 89 CONG. REC. 8197, 78th Cong. 1st Cong. 1st Sess. Sess.

491 Ch. 6 § 4 DESCHLER’S PRECEDENTS

day last I, with several others, called sent for the present consideration of a attention to the importance of having resolution inviting Senators to address the five Senators who have just re- the House in open or executive session, turned from the far-flung battle fronts because the Chair thinks that is tanta- give the Members of the House their mount to an amendment to the rules of findings regarding conditions on the the House and, therefore, is a matter battle fronts. I understand there is for the House to determine. If resolu- some objection to having them appear tions like that are introduced, they will in the House Chamber. I hope the gen- be sent to the proper committee. tleman from Mississippi and some of the other Members will join in asking Authority to Declare Recess them to appear in the Caucus Room. Then we can all have the benefit of § 4.34 The Speaker, under nor- their valuable information. It does not mal circumstances, must be matter where we hear their testimony so long as we hear it. authorized by the House to (16) MR. [JOHN E.] RANKIN [of Mis- declare recesses. sissippi]: If the gentlewoman will yield, On Oct. 3, 1964,(17) for example, let me say that these are Members of unanimous consent was requested the United States Senate. They have the privilege of the floor. We have a and received to authorize Speaker perfect right to invite them here to ad- John W. McCormack, of Massa- dress the Members of the House in se- chusetts, to declare recesses, sub- cret session. We want them to come ject to the call of the Chair, dur- here and give us the benefit of the ining the remainder of the day. formation they have garnered in their trip to the various battle fronts of the § 4.35 Authority conferred world. upon the Speaker to declare MRS. ROGERS of Massachusetts: Has the gentleman consulted the Speaker recesses of the House may be and leaders about it? vacated by unanimous con- MR. RANKIN: I have, and I think that sent. when the resolution is offered they will On Sept. 8, 1969,(l8) unanimous agree that this is the place to have them. consent was requested to vacate THE SPEAKER: [Sam Rayburn, of previous authorization for Speak- Texas]: The Chair thinks it is time for er John W. McCormack, of Massa- the Chair to make a statement, because this matter was discussed with 16. Compare § 3.44, supra, as to the the Chair by the gentlewoman from Speaker’s inherent power to declare Massachusetts [Mrs. Rogers], last a recess in an emergency. week, and the gentleman from Mis- 17. 110 CONG. REC. 23955, 88th Cong. sissippi [Mr. Rankin], over the phone. 2d Sess. The Chair does not intend to recog- 18. 115 CONG. REC. 24653, 91st Cong 1st nize a Member to ask unanimous con- Sess.

492 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4 chusetts, to declare recess on a the present consideration of Senate certain day. Concurrent Resolution No. 37. The Clerk read the concurrent reso- Mr. [Carl] Albert [of Oklahoma]: Mr. lution, as follows: Speaker, I ask unanimous consent that the authority for the Speaker to de- SENATE CONCURRENT RESOLUTION 37 clare a recess on September 10 be va- Resolved by the Senate (the House cated. of Representatives concurring), That THE SPEAKER: Is there objection to the Speaker of the House of Rep- the request of the gentleman from resentatives and the President of the Oklahoma? Senate be, and they are hereby, authorized to sign a duplicate copy of There was no objection. the enrolled bill (S. 3532) entitled MR. ALBERT: Mr. Speaker, I also ask ‘‘An act to extend the times for com- unanimous consent that it may be in mencing and completing the con- order for the Speaker to declare a re- struction of a bridge across the Mis- souri River at or near Randolph, cess at any time on September 16 for Mo.,’’ and that the Secretary of the the purpose of receiving in joint meet- Senate be, and he is hereby, directed ing the Apollo 11 astronauts. to transmit the same to the Presi- THE SPEAKER: Is there objection to dent of the United States. the request of the gentleman from THE SPEAKER [William B. Bankhead, Oklahoma? of Alabama]: Is there objection to the ( ) There was no objection. 19 request of the gentleman from Texas? MR. [CARL E.] MAPES [of Michigan]: Authority to Sign Bills and Mr. Speaker, reserving the right to ob- Resolutions ject, will the gentleman from Texas explain the purpose of this resolution? § 4.36 The Speaker must be MR. RAYBURN: Mr. Speaker, the situ- formally authorized to sign a ation is that before this bill got to the duplicate copy of an enrolled President for his signature it was mis- bill. placed or lost. This is a resolution to allow the President to sign a duplicate. On May 27, 1938,(20) a unani- THE SPEAKER: Is there objection to mous-consent request was made the request of the gentleman from as follows: Texas?

MR. [SAM] RAYBURN [of Texas]: Mr. There was no objection. Speaker, I ask unanimous consent for § 4.37 The Speaker must be 19. Parliamentarian’s Note: The author- formally authorized by the ization to declare the recess was va- House to sign enrolled bills cated due to the death of Senator and joint resolutions during Everett Dirksen. a sine die adjournment of the 20. 83 CONG. REC. 7637, 75th Cong. 3d Sess. Congress.

493 Ch. 6 § 4 DESCHLER’S PRECEDENTS

On Oct. 14, 1968,(11) a resolu- the present session of the 87th Con- tion was offered by Mr. Carl Al- gress, the Clerk be authorized to re- bert, of Oklahoma, as follows: ceive messages from the Senate and that the Speaker be authorized to sign MR. ALBERT: Mr. Speaker, I call up any enrolled bills and joint resolutions Senate Concurrent Resolution 82 and duly passed by the two Houses and ask for its present consideration. found truly enrolled. The Clerk read the Senate concur- MR. [HAROLD R.] GROSS [of Iowa]: rent resolution, as follows: Mr. Speaker, reserving the right to object, are we going to enter into some S. CON. RES. 82 recesses or adjournments of the House? Resolved by the Senate (the House MR. MCCORMACK: For example, such of Representatives concurring), That, as adjourning from Friday to Monday. notwithstanding the sine die adjournment of the two Houses, the MR. GROSS: That is all the gen- Speaker of the House of Representa- tleman has in mind? tives and the President of the Sen- MR. MCCORMACK: That is all. . . . ate, the President pro tempore, or the Acting President pro tempore be, THE SPEAKER: [Sam Rayburn, of and they are hereby, authorized to Texas]: Is there objection to the resign enrolled bills and joint resolu- quest of the gentleman from Massa- tions duly passed by the two Houses chusetts? and found truly enrolled. There was no objection. The Senate concurrent resolution was concurred in. § 4.39 Although it is within the authority of the Speaker to § 4.38 The Speaker is normally sign enrolled bills, by con- authorized by unanimous current resolution the Con- consent to sign enrolled bills gress may rescind the Speak- and joint resolutions during er’s signature. any adjournment of the On July 1, 1947,(3) a resolution House. was introduced as follows: On Aug. 10, 1961,(2) a unani- MR. [EVERETT M.] DIRKSEN [of Illi- mous consent request was made nois]: Mr. Speaker, I ask unanimous as follows: consent to take from the Speaker’s MR. [JOHN W.] MCCORMACK [of Mas- table Senate Concurrent Resolution 22. sachusetts]: Mr. Speaker, I ask unani- ... mous consent that notwithstanding The Clerk read the concurrent reso- any adjournment of the House during lution, as follows: Resolved by the Senate (the House 1. 114 CONG. REC. 31313, 90th Cong. of Representatives concurring), That 2d Sess. 2. 107 CONG. REC. 15320, 87th Cong. 3. 93 CONG. REC. 8012, 80th Cong. 1st 1st Sess. Sess.

494 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 5

the President of the United States bill (H.R. 7297) entitled ‘‘An act au- be, and he is hereby, requested to re- thorizing the assignment of per- turn to the House of Representatives sonnel from departments or agencies the enrolled bill (H.R. 493) to amend in the executive branch of the Gov- section 4 of the act entitled ‘‘An act ernment to certain investigating to control the possession, sale, trans- committees of the Senate and House fer, and use of pistols and other dan- of Representatives, and for other gerous weapons in the District of Co- purposes,’’ and that the House of lumbia,’’ approved July 8, 1932 (sec. Representatives be further requested 22, 3204 D.C. Code, 1940 ed.): that if to return the above-numbered en- and when the said bill is returned by grossed bill to the Senate. the President, the action of the Pre- siding Officer of the two Houses in THE SPEAKER PRO TEMPORE: With- signing the said bill be deemed to be out objection, it is so ordered. rescinded; and that the House en- There was no objection. grossed bill be returned to the Sen- ate. THE SPEAKER [Joseph W. Martin, § 5. Participation in De- Jr., of Massachusetts]: Is there objection to the request of the gentleman bate and Voting from Illinois? There was no objection. The Speaker is entitled as a The concurrent resolution was Member of the House to partici- agreed to. pate in debate.(5) Accordingly, A motion to reconsider was laid on when the Speaker desires to be the table. heard in debate on a matter he may speak from the floor, whether § 4.40 Although it is within the debate is in the House (6) or in the authority of the Speaker to Committee of the Whole.(7) Occa- sign enrolled bills of the sionally the Speaker will speak in House, the House may agree debate from the Chair.(8) to a Senate resolution re- Under the House rules (9) the questing that the Speaker’s Speaker may, but is not required, signature be rescinded. to vote on matters except where On July 30, 1942,(4) Speaker pro (1) his vote would be decisive, or tempore Alfred L. Bulwinkle, of North Carolina, laid before the 5. House Rules and Manual § 751 (1973). House a Senate resolution: 6. See §§ 5.1, 5.2, infra. Resolved, That the Secretary be di- 7. See § 5.3, infra. rected to request the House of Rep- resentatives to rescind the action of 8. See Ch. 29, infra, for fuller treat- the Speaker in signing the enrolled ment of the Speaker’s participation in debate. 4. 88 CONG. REC. 6713, 77th Cong. 2d 9. Rule I clause 6, House Rules and Sess. Manual § 632 (1973).

495 Ch. 6 § 4 DESCHLER’S PRECEDENTS

(2) where the House is engaged in pated in a debate on the floor of voting by ballot.(10) Measures de- the House when a Member yield- ( ) cided by a tie vote are lost. 11 ed to him. The Speaker com- The Speaker has voted, for ex- mended the work of a particular ample: in order to make a quorum subcommittee and congratulated of the House; (12) on a yea and nay (13) the members thereof. roll call vote; on a roll call vote ( ) to make a tie; (14) and on a divi- On Aug. 27, 1959, 9 Speaker sion vote to break a tie.(15) The Rayburn participated in a debate Speaker may vote on a teller vote in the House on the House floor. to make a tie (16) and in doing so He took the occasion to express he need not pass through the tell- his views on the reconstruction of ( ) ers to have his vote counted. 17 the east front of the Capitol. § 5.2 The Speaker may eulo- Participating in Debate gize a deceased Member from the House floor. § 5.1 Normally, if the Speaker (20) wishes to participate in On Jan. 16, 1962, Speaker House debate, he does so John W. McCormack, of Massa- from the floor of the House. chusetts, took the floor to eulogize a deceased Member, Louis On Mar. 31, 1958,(18) Speaker Sam Rayburn, of Texas, partici- Rabaut, of Michigan.

10. Parliamentarian’s Note: Voting by § 5.3 If the Speaker desires to ballot in the House is rarely used participate in debate in the and is not to be confused with voting Committee of the Whole, he by electronic device. See Rules I does so from the floor. clause 5, § 630 (electronic device), (1) and XXXVIII § 934 (ballot), House On Aug. 31, 1960, Speaker Rules and Manual (1973). Sam Rayburn, of Texas, partici- 11. Sec Ch. 30, infra, for fuller treat- pated in debate in the Committee ment of the Speaker’s participation of the Whole from the floor. The in voting. debate concerned a bill [H.R. 12. See § 5.4, infra. 13021] to provide financial assist- 13. See § 5.5, infra. 14. See § 5.6, infra. 19. 105 CONG. REC. 17237, 86th Cong. 15. See § 5.7, infra. 1st Sess. 16. See § 5.8, infra. 20. 106 CONG. REC. 285, 87th Cong. 2d 17. Sec 5.9, infra. Sess. 18. 104 CONG. REC. 5854, 5855, 85th 1. 106 CONG. REC. 18734, 18735, 86th Cong. 2d Sess. Cong. 2d Sess.

496 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 5 ance to certain South American § 5.5 The Speaker may vote on countries for reconstruction and a yea and nay roll call vote. development. On June 30, 1939,(4) Speaker William B. Bankhead, of Ala- Participation in Voting bama, voted as shown below on a § 5.4 The Speaker may vote in yea and nay roll call vote involv- order to make a quorum of ing a motion to recommit. the House. THE SPEAKER: The question is on the motion to recommit. On Nov. 24, 1942,(2) Speaker The question was taken; and on a di- Sam Rayburn, of Texas, cast his vision (demanded by Mr. Fish) there vote to provide a quorum for pur- were—ayes 179, noes 185. poses of voting on a motion to re- MR. [HAMILTON] FISH [Jr., of New commit. York]: Mr. Speaker, I ask for the yeas and nays. THE SPEAKER: The question is on The yeas and nays were ordered. agreeing to the motion to recommit. The question was taken; and there The question was taken and on a division, there were, ayes 15, noes 70. were—yeas 194, nays 196, answered ‘‘present’’ 1, not voting 40. . . . MR. [ROBERT F.] RICH [of Pennsyl- vania]: Mr. Speaker, I object to the THE SPEAKER: The Clerk will call my vote upon the ground that there is no name. quorum present. The Clerk called the name of Mr. Bankhead, and he answered ‘‘nay.’’ THE SPEAKER: Evidently there is no quorum present. The Clerk will call So the motion to recommit was re- the roll. The question is on agreeing to jected. the motion to recommit. The question was taken; and there § 5.6 The Speaker may vote on were—yeas 31, nays 184, not voting,(3) a roll call vote to make a tie. 214. . . . On May 3, 1946,(5) Speaker Sam THE SPEAKER: The Clerk will call my Rayburn, of Texas, on a roll call name. The Clerk called the name of Mr. voted to make a tie and thus re- Rayburn and he answered ‘‘no.’’ ject the question being considered. So the motion to recommit was rejected. § 5.7 The Speaker may vote on a division vote to break a tie 2. 88 CONG. REC. 9116, 9117, 77th vote of the House. Cong. 2d Sess. 3. Parliamentarian’s Note: Six vacan- 4. 84 CONG. REC. 8512, 8513, 76th cies existed in the House at the time Cong. 1st Sess. this vote was taken; and 215 Mem- 5. 92 CONG. REC. 4434, 4435, 79th bers were needed to make a quorum. Cong. 2d Sess.

497 Ch. 6 § 4 DESCHLER’S PRECEDENTS

On July 15, 1937,(6) Speaker Tellers were ordered, and the Chair- William B. Bankhead, of Ala- man appointed as tellers Mr. Poff and bama, cast the deciding vote on a Mr. Celler. motion to recede and concur: The Committee again divided, and the tellers reported that there were— THE SPEAKER: The question is on the motion of the gentleman from Nevada ayes 84, noes 83. that the House recede and concur [in a THE CHAIRMAN [Mr. Bolling]: The Senate amendment]. Chair votes ‘‘no.’’ MR. [ABE] MURDOCK of Utah: Mr. So the amendment was rejected. Speaker, I demand a division of that question THE SPEAKER: The gentleman is en- § 5.9 The Chair may count titled to a division of the question. The himself to make or break a question is whether the House shall re- tie on a teller vote without cede from its disagreement to the Sen- passing through the tellers. ate amendment. . . . The question was taken; and on a di- On Sept. 21, 1965,(8) a teller vision (demanded by Mr. Rich) there vote was demanded and taken on were—ayes 58, noes 58. an amendment offered in the THE SPEAKER: The Chair votes ‘‘aye.’’ Committee of the Whole. § 5.8 The Chair may vote on a THE CHAIRMAN [Daniel D. Rosten- teller vote to make a tie. kowski, of Illinois]: The question is on ( ) On Aug. 1, 1966, 7 in the Com- the amendment offered by the gen- mittee of the Whole, an amend- tleman from Pennsylvania [Mr. Clark]. ment was offered and a vote taken The question was taken, and the on it, as follows: Chairman announced that the noes MR. [RICHARD H.] POFF [of Virginia]: had it. Mr. Chairman, I offer an amendment. MR. [WILLIAM C.] CRAMER [of Flor- THE CHAIRMAN [Richard Bolling, of ida]: Mr. Chairman, I ask for tellers. Missouri]: The question is on the Tellers were ordered, and the Chair- amendment offered by the gentleman from Virginia [Mr. Poff]. man appointed as tellers Mr. Clark The question was taken; and on a di- and Mr. Blatnik. vision (demanded by Mr. Celler) there The Committee divided. were—ayes 51, noes 44. THE CHAIRMAN: On this vote by tell- MR. [EMANUEL] CELLER [of New ers, the ayes are 100, noes 99. York]: Mr. Chairman, I demand tellers. The Chair votes in the negative. 6. 81 CONG. REC. 7197, 7198, 75th So the amendment was rejected. Cong. 1st Sess. 7. 112 CONG. REC. 17760, 17761, 89th 8. 111 CONG. REC. 24635, 89th Cong. Cong. 2d Sess. 1st Sess.

498 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

§ 6. Power of Appoint- nian Institution; (15) six members ment; Legislative Au- to a 13-member board in the Of- fice of Technology Assessment; (16) thority five members to the 10-man Joint Committee on Congressional Op- The Speaker derives his power erations; (17) 10 members to the of appointment from statutes, the 20-member Joint Economic Com- House rules, and House resolu- mittee; (18) two of the nine mem- tions. This section lists examples bers of the Commission on Execu- from each of these sources, and tive, Legislative, and Judicial Sal- reviews various appointment prac- aries; (19) and a committee to di- tices under the House precedents. rect and control the operation of Examples of appointments the House Recording Studio.(1) made under statutory provisions The Speaker appoints a Legisla- are as follows. tive Counsel for the House (2) and The Speaker appoints six mem- approves the appointment by the bers to the National Visitors Fa- Legislative Counsel of assistants ( ) cilities Advisory Commission; (9) and other employees. 3 three members to the Advisory The Speaker must also approve Commission on Intergovernmental the appointment of librarians for Relations; (10) four members to the the library of the House of Rep- (4) Presidential Joint Commission on resentatives. the Coinage; (11) up to nine mem- The Speaker is a member of and bers to the North Atlantic Treaty appoints two Members to the House Office Building Commis- Parliamentary Conference; (12) 12 sion.(5) members to the 24-member group The Speaker may make tem- to represent the United States at porary appointments to fill vacan- the Mexico-United States Inter- ( ) parliamentary Group; 13 one 15. 20 USCA §§ 42 and 43. member to the National Historical 16. 2 USCA § 473. Publications Commission; (14) 17. 2 USCA § 411. three members to the 17-member 18. 15 USCA § 1024. Board of Regents of the Smithso- 19. 2 USCA § 352. 1. 2 USCA § 123b. 9. 40 USCA § 822. 2. 2 USCA § 282. 10. 42 USCA § 4273. 3. 2 USCA § 282a. 11. 31 USCA § 301. 4. 2 USCA § 153. 12. 22 USCA § 1928a. 5. 40 USCA § 175. See Ch. 4, supra, for 13. 22 USCA § 276h. treatment of the House Office Build- 14. 44 USCA § 2501. ings.

499 Ch. 6 § 6 DESCHLER’S PRECEDENTS cies in the offices of the Clerk, the mittee of the Whole,(14) members Sergeant at Arms, the Door- to select and conference commit- keeper, the Postmaster, and the tees,(15) tellers for vote count- Chaplain. (6) ing,(16) and the official reporters of ( ) The Speaker has in the past ap- the House. 17 pointed four of the 12-man Com- The manner by which the mission on the Organization of the Speaker exercises his powers of Government for the Conduct of appointment is governed by House Foreign Policy; (7) two members to customs and practices of long standing. Thus, whenever the the nine-member National Fish- House resolves itself into a Com- eries Center and Aquarium Advi- ( ) sory Board; 8 two members to a seq., infra, for treatment of the fourman advisory board to the Na- Speaker pro tempore, including the tional Commission on Fire Pre- Speaker’s power to appoint one. vention and Control; (9) three 14. Rule XXIII clause 1, House Rules members to the nine-member Na- and Manual § 861 (1973). See Ch. tional Commission on Consumer 19, infra, for treatment of the Speak- (10) er’s relationship to the Committee of Finance; five members to a 15- the Whole. member National Commission on 15. Rule X clause 2, House Rules and ( ) Food Marketing; 11 and four Manual § 671a (1973). See Ch. 17, members to the 15-member Com- infra, for fuller treatment of the mission on the Review of the Na- Speaker’s power to appoint commit- tional Policy Toward Gambling.(12) tees. Under House rules, the Speaker 16. Rule I clause 5, House Rules and may appoint Speakers pro tem- Manual § 630 (1973) covers regular vote-counting by tellers. See Ch. 30, (13) pore, the Chairman of the Com- infra, for treatment of regular voting. For electoral college votes, see 3 6. 2 USC § 75a–1. USC § 315 and U.S. Const. amend. 7. 22 USCA § 2821. See Ch. 13, infra, XII. for treatment of the powers and pre- 17. Rule XXXIV clause 1, House Rules rogatives of the House vis-a-vis for- and Manual § 923 (1973). See Ch. 5, eign relations generally. supra, for fuller treatment of official 8. 16 USCA § 1055. reporters. 9. 15 USCA § 278f note. Parliamentarian’s Note: Although 10. 15 USCA § 1601 note. the rule vests the power of appoint- 11. Pub. L. No. 89–20, May 15, 1965, 79 ment of official reporters in the Stat. 111. Speaker, under statute, 2 USCA 12. 18 USCA § 1955 note. § 84a, he normally exercises his 13. Rule I clause 7, House Rules and power by approving their employ- Manual § 633 (1973). See § § 9 et ment.

500 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6 mittee of the Whole, the Speaker the Speaker may appoint himself will appoint a Chairman of the as a member of the committee.(5) Committee.(18) If the designated When a vacancy occurs on a se- Chairman is not present when the lect committee, the Speaker fills House resolves itself into the the vacancy pursuant to the origi- Committee, the Speaker may also nal authorization to appoint the appoint a Chairman pro tempore committee.(6) until the designated Chairman ar- The Speaker’s appointment of rives.(19) conferees on the part of the House Although the House rules (20) to conference committees is some- provide that the Speaker may ap- what different from his appoint- point members to select commit- ment of select committees.(7) For tees, the rules further provide instance, the manner of appoint- that such appointments may be ment of conferees and the number made to committees that the of members appointed is usually House may from time to time es- within the discretion of the Speak- ( ) tablish. Thus, the Speaker ap- er. 8 But the Speaker must still points members to such commit- be authorized to make appoint- tees pursuant to authorization ments of conferees pursuant to ( ) provided for by law or by action of House action. 9 And although the the House. House authorization Speaker fills vacancies in con- may be in the form of unanimous ference committees without seek- consent (1) or formal resolution.(2) ing new authorizations from the (10) The Speaker may make ap- House, for the Speaker to appointments to select committees point additional conferees, additional House authorization must orally,(3) and under certain cir- be given.(11) cumstances, he may appoint the majority and minority members at 5. See § 6.12, infra. See Ch. 36, infra, different times.(4) For certain com- for treatment of the Speaker’s role in mittees, usually ceremonial ones, various ceremonies. 6. See § 6.13, infra. 18. See § 6.1, infra. 7. See Ch. 33, infra, for fuller treat- 19. See § 6.2, infra. ment of the Speaker’s role vis-a-vis 20. Rule X clause 2, House Rules and House-Senate conferences. Manual § 671a (1973). 8. See § 6.14, infra. 1. See § 6.3, infra. 9. For example, see illustrations under 2. See § § 6.4, 6.6, infra. § 6.16, infra. 3. See § 6.9, infra. 10. See § 6.16, infra. 4. See § § 6.10, 6. 11, infra. 11. See § 6.18, infra.

501 Ch. 6 § 6 DESCHLER’S PRECEDENTS

On occasion the House will au- bill H.R. 11677, Mrs. Edna F. thorize the designation of certain Kelly, of New York, having been House employees subject to the appointed to preside. ( ) approval of the Speaker.(2) On Jan. 14, 1964, 14 a motion was made for the House to resolve itself into the Committee of the Whole House on the state of the Appointing Chairmen Union. § 6.1 The Speaker (and the MR. [OREN] HARRIS [of Arkansas]: Mr. Speaker, I move that the House Speaker pro tempore) ap- resolve itself into the Committee of the points a Chairman when the Whole House on the State of the Union House resolves itself into the for the consideration of the bill (S. 1153), to amend the Federal Airport Committee of the Whole. Act to extend the time for making On July 25, 1962,(13) a motion grants thereunder, and for other purposes. was made for the House to resolve THE SPEAKER PRO TEMPORE: [Carl itself into the Committee of the Albert, of Oklahoma]: The question is Whole House on the state of the on the motion offered by the gentleman Union. from Arkansas. The motion was agreed to. MR. [HERBERT] ZELENKO [of New Accordingly, the House resolved York]: Mr. Speaker, I move that the itself into the Committee of the House resolve itself into the Com- mittee of the Whole House on the Whole House on the state of the State of the Union for the consider- Union for the consideration of the ation of the bill (H.R. 11677) to pro- bill S. 1153, Mrs. Leonor Kretzer hibit discrimination on account of sex Sullivan, of Missouri, having been in the payment of wages by certain appointed to preside. employers engaged in commerce or in the production of goods for commerce § 6.2 The Speaker (and the and to provide for the restitution of Speaker pro tempore) may wages lost by employees by reason of appoint both a Chairman any such discrimination. and a Chairman pro tempore The motion was agreed to. of the Committee of the Accordingly, the House resolved Whole. itself into the Committee of the On Oct. 18, 1967,(15) Speaker Whole House on the state of the pro tempore Carl Albert, of Okla- Union for the consideration of the 14. 110 CONG. REC. 399, 88th Cong. 2d 12. See § 6.26, infra. Sess. 13. 108 CONG. REC. 14747, 87th Cong. 15. 113 CONG. REC. 29277, 90th Cong. 2d Sess. 1st Sess.

502 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6 homa, made the following an- committees authorized by law or nouncement: by the House, notwithstanding the

THE SPEAKER PRO TEMPORE: The adjournment of the first session of Chair designates the gentleman from the 75th Congress. Ohio [Mr. Vanik] as Chairman of the Likewise, on Oct. 13, 1962,(18) a Committee of the Whole, and requests unanimous-consent request was the gentleman from Illinois [Mr. Ros- made as follows: tenkowski] to assume the chair temporarily. MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I ask unanimous consent Authority to Appoint that notwithstanding the adjournment of the 2d session of the 87th Congress, § 6.3 Pursuant to authority the Speaker be authorized to accept resignations, and to appoint commis- granted him by the House, sions, boards, and committees author- the Speaker may appoint ized by law or by the House. committees, commissions, THE SPEAKER [Sam Rayburn, of and boards authorized by Texas]: Is there objection to the re- law or by the House. quest of the gentleman from Okla- homa? ( ) On Aug. 24, 1935, 16 for exam- There was no objection. ple, a unanimous-consent request was made as follows: Announcing Appointments

MR. [EDWARD T.] TAYLOR of Colo- rado: Mr. Speaker, I ask unanimous § 6.4 When the House has au- consent that the Speaker may have thorized a Speaker to ap- until Wednesday next, August 28, point committees, boards, or 1935, to appoint committees and com- commissions, the Speaker in- missions that have been authorized by forms the House of his exer- the House or by law. cise of the authority granted. THE SPEAKER [Joseph W. Byrns, of Tennessee]: Is there objection. On July 26, 1948,(19) Speaker There was no objection. Joseph W. Martin, Jr., of Massa- Similarly, on Aug. 21, 1937,(17) chusetts, announced his appoint- unanimous consent was requested ment of certain special commit- and received to permit Speaker tees. William B. Bankhead, of Ala- The Speaker, pursuant to the au- bama, to appoint commissions and thority conferred upon him by House

16. 79 CONG. REC. 14645, 74th Cong. 1st 18. 108 CONG. REC. 23515, 87th Cong. Sess. 2d Sess. 17. 81 CONG. REC. 9640, 75th Cong. 1st 19. 94 CONG. REC. 9362, 80th Cong. 2d Sess. Sess.

503 Ch. 6 § 6 DESCHLER’S PRECEDENTS

Resolution 691, Eightieth Congress, On Jan. 4, 1965,(2) Speaker and the order of the House of June 19, 1948, empowering him to appoint com- John W. McCormack, of Massa- missions, boards, and committees au- chusetts, announced appointments thorized by law or by the House, did on he made pursuant to authority June 29, 1948, appoint as members of the select committee to conduct a study granted during a sine die adjourn- and investigation of the organization, ment. personnel, and activities of the Federal Communications Commission the fol- THE SPEAKER:: The Chair desires to lowing Members of the House: Hon. announce that pursuant to the order of Forest A. Harness, Indiana, chairman; the House of October 3, 1964, empow- Hon. Leonard W. Hall, New York; Hon. ering him to accept resignations and to Charles H. Elston, Ohio; Hon. J. Percy appoint commissions, boards, and com- Priest, Tennessee; Hon. Oren Harris, mittees authorized by law or by the Arkansas. . . . House, he did, on November 18, 1964, ( ) On Jan. 3, 1956, 20 Speaker pursuant to the provisions of section 3, Sam Rayburn, of Texas, an- Public Law 88–630, appoint as mem- nounced certain appointments he bers of the Lewis and Clark Trail Com- made, pursuant to authority mission the following Members on the granted, during an adjournment part of the House: Mr. Morris, of New period. Mexico; Mr. Rivers, of Alaska; Mr. Berry, of South Dakota; Mr. Skubitz, of THE SPEAKER: The Chair lays before the House the following announcement Kansas. with respect to certain appointments made by the Speaker subsequent to ad- § 6.5 When a former Speaker journment which the Clerk will read. has made appointments pur- The Clerk read as follows: suant to authority granted The Chair desires to announce him during a sine die adjourn- that pursuant to the order of the House of August 2, 1955, empow- ment of the House, the new ering him to appoint commissions, Speaker informs the House of boards, and committees authorized by law or by the House, he did, on such actions. September 1, 1955, pursuant to the On Jan. 3, 1947,(3) Speaker Jo- provisions of Public Law 742, 83d Congress, appoint as members of the seph W. Martin, Jr., of Massachu- National Monument Commission the setts, laid before the House a com- following members on the part of the House: Mr. Smith of Virginia, Mr. a sine die adjournment pursuant to Aspinall of Colorado, Mr. Smith of authority granted by the House, he Wisconsin, and Mr. Westland of Washington.(1) informs the House of his action at its next convening. 20. 102 CONG. REC. 5, 84th Cong. 2d 2. 111 CONG. REC. 25, 89th Cong. 1st Sess. Sess. 1. Parliamentarian’s Note: When the 3. 93 CONG. REC. 39, 80th Cong. 1st Speaker makes appointments during Sess.

504 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6 munication from the previous Speaker John W. McCormack, of Speaker, Sam Rayburn, of Texas, Massachusetts, to appoint Mem- in which Mr. Rayburn indicated bers to a select committee. that, subsequent to a sine die ad- MRS. [MARTHA W.] GRIFFITHS [of journment of the House during Michigan]: Mr. Speaker, on behalf of the second session of the 79th the distinguished gentlewoman from Congress, and pursuant to author- Washington [Mrs. May] and myself, I ity granted him by the House, he offer a resolution (H. Res. 1000) and had made certain appointments: ask unanimous consent for its immediate consideration. JANUARY 3, 1947. The Clerk read the resolution, as fol- THE SPEAKER, lows: House of Representatives, United States, H. RES. 1000 Washington, D.C. Resolved, (a) That there is hereby DEAR MR. SPEAKER: I desire to in- created a select committee to be com- form the House of Representatives posed of three Members of the House that subsequent to the sine die ad- of Representatives to be appointed journment of the Seventy-ninth Con- by the Speaker, one of whom shall gress and pursuant to the provisions be designated as chairman. Any va- of Public Law 711 and the order of cancy occurring in the membership the House of August 2, 1946, empow- of the committee shall be filled in ering the Speaker to appoint com- the same manner in which the origi- missions and committees authorized nal appointment was made. by law or by the House, I did, as (b) Effective upon the date of ap- Speaker of the Seventy-ninth Con- proval of this resolution, until other- gress, on September 6, 1946, appoint wise ordered by the House, the man- Hon. Michael J. Bradley as a mem- agement of the House Beauty Shop ber of the Philadelphia National and all matters connected therewith Shrines Park Commission. shall be under the direction of the Respectfully, Select Committee herein created and SAM RAYBURN. shal1 be operated under such rules and regulations as such Committee may prescribe for the operation and Select Committee Appoint- the employment of necessary assist- ments ance for the conduct of said Beauty Shop by such business methods as § 6.6 The Speaker appoints may produce the best results consistent with economical and modern Members to select commit- management. tees established pursuant to Sec. 2. The Select Committee is formal House resolutions. hereby authorized to purchase, at a cost not to exceed $15,000, the initial On Dec. 6, 1967,(4) a resolution equipment and materials required for the operation of the House Beau- was introduced to authorize ty Shop, and the expense thereof shall be paid from the contingent 4. 113 CONG. REC. 35143, 90th Cong. fund of the House of Representa- 1st Sess. tives.

505 Ch. 6 § 6 DESCHLER’S PRECEDENTS

THE SPEAKER: Is there objection to for the immediate consideration of Sen- the request of the gentlewoman from ate Joint Resolution 31. Michigan? The Clerk read the title of the joint There was no objection. resolution. MRS. GRIFFITHS: Mr. Speaker, the THE SPEAKER: Is there objection to $15,000 advanced to reestablish the the request of the gentleman from House beauty shop will be in the Texas? course of the next year, barring unfore- MR. [JOSEPH W.] MARTIN [Jr.] of seen circumstances, be returned to the Massachusetts: Mr. Speaker, reserving contingency fund, and it is my earnest the right to object, will the gentleman hope that the next time you hear from from Texas kindly explain the legisla- the select committee, it will be for the tion? pleasant task of returning money to the Treasury of the United States. MR. LANHAM: Mr. Speaker, this Sen- The resolution was agreed to. ate joint resolution, which was passed A motion to reconsider was laid on unanimously by the Senate, provided the table. for the treatment of the Legislative Chambers long delayed in giving prop- THE SPEAKER: Pursuant to the provisions of House Resolution 1000, the er quarters in which to meet. . . . Chair appoints as members of the Se- THE SPEAKER: The Chair desires to lect Committee on the House Beauty call attention to one amendment. The Shop the following Members: Mrs. Chair is not going to raise the question Griffiths, chairman; Mrs. Green of Or- at this time but will hereafter, and he egon, and Mrs. May. thinks he might as well try to raise it with his beloved friend from Texas as Discretion in Appointments anybody else, because there will not be any trouble with him about it. § 6.7 The Speaker on occasion The Chair calls attention to the has insisted that he be per- amendment on page 2 of the bill run- mitted discretion in appoint- ning from line 17 to 24 and reading as follows: ing Members to select com- Provided further, That the project, mittees. insofar as it affects the House wing On July 10, 1945,(5) Speaker of the Capitol, shall be carried forward by the Architect of the Capitol Sam Rayburn, of Texas, indicated in accordance with plans to be ap- his desires concerning the formu- proved by a committee of five Rep- lation of resolutions providing for resentatives to be appointed by the Speaker of the House of Representa- the appointment of select commit- tives, upon recommendation of the tees by the Speaker. chairman of the House Committee on Public Buildings and Grounds. MR. [FRITZ G.] LANHAM [of Texas]: Mr. Speaker, I ask unanimous consent Hereafter the Chair is going to insist that if he is to appoint a committee 5. 91 CONG. REC. 7392–94, 79th Cong. and be responsible for it he be per- 1st Sess. mitted to appoint whom he pleases. To

506 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

that end, of course, he would consult There was no objection. with the chairman of the Committee The resolution was agreed to and a on Public Buildings and Grounds or motion to reconsider was laid on the whatever the committee of the House table. might be. . . . The committee amendments were Making Select Committee Ap- agreed to. pointments Appointment Restrictions § 6.9 The Speaker may orally § 6.8 Though it is customary to appoint Members to a select allow the Speaker discretion committee pursuant to au- in appointing Members to se- thority granted him. lect committees, authorizing On Oct. 20, 1966,(7) Speaker resolutions normally include John W. McCormack, of Massa- restrictions as to the total chusetts, appointed Members to a number of Members to be ap- select committee.

pointed and the party bal- THE SPEAKER: Pursuant to the provi- ance to be obtained. sions of House Resolution 1013, 89th On Mar. 5, 1958,(6) a resolution Congress, the Chair appoints as members of the Select Committee on Stand- was introduced as follows: ards and Conduct the following Mem- MR. [JOHN W.] MCCORMACK [of Mas- bers of the House: Mr. Bennett, of sachusetts]: Mr. Speaker, I offer a res- Florida, chairman; Mr. Brooks, of olution and ask unanimous consent for Texas; Mr. Nix, of Pennsylvania; Mr. its present consideration. Carey, of New York; Mr. Cameron, of The Clerk read as follows: California; Mr. Ronan, of Illinois; Mr. Gross, of Iowa; Mr. Broyhill, of Vir- HOUSE RESOLUTION 496 ginia; Mr. Michel, of Illinois; Mrs. May, Resolved, That there is hereby cre- of Washington; Mr. Latta, of Ohio; and ated a Select Committee on Astro- Mr. Stafford, of Vermont. nautics and Space Exploration to be composed of 13 Members of the House of Representatives to be ap- § 6.10 Under certain cir- pointed by the Speaker, 7 from the cumstances, the Speaker may majority party and 6 from the minor- appoint the majority party ity party, one of whom he shall designate as chairman. Any vacancy oc- members to a select com- curring in the membership of the mittee without appointing committee shall be filled in the manner in which the original appoint- the minority party members ment was made. . . . simultaneously.

6. 104 CONG. REC. 3443, 85th Cong. 2d 7. 112 CONG. REC. 28112, 89th Cong. Sess. 2d Sess.

507 Ch. 6 § 6 DESCHLER’S PRECEDENTS

On Feb. 7, 1961,(8) Speaker Sam the minority party members to a Rayburn, of Texas, appointed the select committee. majority party members of a select committee. THE SPEAKER: Pursuant to the provisions of House Resolution 46, 87th THE SPEAKER: The Chair desires to Congress, the Chair appoints as addi- make the following announcement. tional members of the Select Com- Pursuant to the provisions of House mittee To Conduct Studies and Inves- Resolution 46, 87th Congress, the tigations of the Problems of Small Chair appoints as members of the Se- lect Committee To Conduct Studies Business the following Members of the and Investigations of the Problems of House: Small Business the following Members Mr. McCulloch, Ohio; Mr. Moore, of the House: West Virginia; Mr. Avery, Kansas; Mr. Mr. Patman, Texas, chairman; Mr. Smith, California; Mr. Robison, New Evins, Tennessee; Mr. Multer, New York; and Mr. Derwinski, Illinois. York; Mr. Yates, Illinois; Mr. Steed, Oklahoma; Mr. Roosevelt, California; Mr. Alford, Arkansas.(9) § 6.12 The Speaker may appoint himself to certain se- § 6.11 Under certain cir- lect committees, and has cumstances, the Speaker may served on the Joint Select appoint minority party mem- Committee on Preparations bers to a select committee for Inaugural Ceremonies. pursuant to authority grant- On Apr. 20, 1964,(11) a resolu- ed him without appointing tion was introduced concerning the majority party members the creation of a joint committee. simultaneously. MR. [CARL] ALBERT [of Oklahoma]: (10) On Feb. 17, 1961, Speaker Mr. Speaker, I offer a Senate concur- Sam Rayburn, of Texas, appointed rent resolution and ask for its immediate consideration. 8. 107 CONG. REC. 1820, 87th Cong. 1st The Clerk read as follows: Sess. 9. Parliamentarian’s Note: The majority S. CON. RES. 71 party members were appointed so Resolved by the Senate (the House that the committee could organize of Representatives concurring), That and the chairman could certify the a joint committee consisting of three employment of staff personnel. The Senators and three Representatives, Republican members did not hold a to be appointed by the President of caucus to ratify the recommenda- the Senate and the Speaker of the House of Representatives, respec- tions of their Committee on Commit- tively, is authorized to make the nec- tees until after the session of the essary arrangements for the inau- House on Feb. 9, 1961. 10. 107 CONG. REC. 2271, 87th Cong. 1st 11. 110 CONG. REC. 8375, 88th Cong. 2d Sess. Sess.

508 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

guration of the President-elect and law or by the House, did on August 23, Vice-President-elect of the United 1938, appoint Hon. Graham A. Barden States on the 20th day of January as a member of the Special Joint Com- 1965. mittee to Investigate the Tennessee The resolution was agreed to. Valley Authority to fill the vacancy, A motion to reconsider was laid on and notified the Clerk of the House of the table. his action. THE SPEAKER: [John W. McCormack, On Feb. 2, 1960,(13) Speaker of Massachusetts]: Pursuant to the Sam Rayburn, of Texas, laid be- provisions of Senate Concurrent Reso- fore the House a written an- lution 71, 88th Congress, the Chair appoints as Members of the Joint Com- nouncement: mittee . . . the following Members on THE SPEAKER: The Chair lays before the part of the House: Mr. McCormack, the House the following announce- Mr. Albert, and Mr. Halleck. ment, which the Clerk will read. The Clerk read as follows: Filling Vacancies Pursuant to the provisions of section 5, Public Law 115, 78th Con- § 6.13 When a vacancy occurs gress, and House Resolution 165, 86th Congress, the Chair appoints as on a special committee, the a member of the Committee on the Speaker, acting under the Disposition of Executive Papers the original authorization by the gentleman from Iowa, Mr. Kyl, to fill the existing vacancy thereon. House, may appoint a Mem- ber to fill the vacancy. Appointing Conferees On Jan. 3, 1939,(12) Speaker William B. Bankhead, of Ala- § 6.14 The appointment of con- bama, made the following an- ferees on the part of the nouncement: House is considered a matter within the discretion of the THE SPEAKER: On August 13, 1938, a vacancy was created on the Special Speaker, although he cus- Joint Committee to Investigate the tomarily hears suggestions Tennessee Valley Authority due to the from the House leaders or resignation of Hon. William J. Driver. from the chairman of the re- The Chair, pursuant to the authority porting committee. conferred upon him by Public Resolu- (14) tion 83, Seventy-fifth Congress, and On July 1, 1932, unanimous the order of the House of June 15, consent was requested for the ap- 1938, empowering him to appoint commissions and committees authorized by 13. 106 CONG. REC. 1822, 86th Cong. 2d Sess. 12. 84 CONG. REC. 16, 17, 76th Cong. 1st 14. 75 CONG. REC. 14499, 14500, 72d Sess. Cong. 1st Sess.

509 Ch. 6 § 6 DESCHLER’S PRECEDENTS pointment of conference com- go on the conference. The Chair ap- mittee managers on the part of points the conferees and thinks the Re- publican side should have whom they the House. want on the conference. MR. [SAMUEL] DICKSTEIN [of New MR. DICKSTEIN: There are other gen- York]: Mr. Speaker, I ask unanimous tlemen on the committee nearer the consent to take from the Speaker’s head of the table than the gentleman table the bill (H.R. 10600) to exempt from Ohio. from the quota husbands of American THE SPEAKER: The gentleman from citizens, with Senate amendments, dis- New York [Mr. Snell] has taken the re- agree to the Senate amendments, and sponsibility of selecting the man on the ask for a conference. committee whom he wants to represent The Clerk read the title of the bill. the Republican organization, and that has been the custom. . . . THE SPEAKER: [John N. Garner, of MR. DICKSTEIN: Mr. Speaker, a par- Texas]: Is there objection? (After a liamentary inquiry. pause.) The Chair hears none, and ap- THE SPEAKER: The gentleman will points the following conferees: Messrs. state it. Dickstein, Palmisano, Dies, Johnson of MR. DICKSTEIN: May I submit a new Washington, and Cable. list of conferees? MR. [BERTRAND H.] SNELL [of New THE SPEAKER: The gentleman has (15) York]: Mr. Speaker, the gentleman stated that the Chair appoints the gen- from Ohio [Mr. Cable] is absent tleman recommended by the gen- through illness. I ask that the Chair tleman from New York, and this ought substitute for the gentleman from Ohio to be sufficient if the Chair takes the [Mr. Cable] the gentleman from Ohio responsibility. [Mr. Jenkins], the next man on the (17) committee. On July 17, 1935, Speaker MR. DICKSTEIN: (16) Mr. Speaker, may Joseph W. Byrns, of Tennessee, I disagree with the selection of the con- discussed the practice of appoint- feree? ing conferees after the following THE SPEAKER: No. If the gentleman unanimous-consent request was is the ranking member, he should be made and debated: appointed. MR. [JOHN J.] MCSWAIN [of South MR. DICKSTEIN: There are other Carolina]: Mr. Speaker, I ask unani- Members ahead of the gentleman from mous consent to take from the Speak- Ohio. er’s desk the bill H.R. 8632, the Ten- THE SPEAKER: If the gentleman is nessee Valley Authority bill, disagree the ranking member, then he ought to to the Senate amendments and agree to the conference asked for. 15. Parliamentarian’s Note: Mr. Snell THE SPEAKER: Is there objection to was the Minority Leader. the request of the gentleman from 16. Parliamentarian’s Note: Mr. South Carolina? Dickstein was the chairman of the committee reporting the bill in ques- 17. 79 CONG. REC. 11319, 74th Cong. 1st tion. Sess.

510 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

MR. [MAURY] MAVERICK [of Texas]: MR. MCSWAIN: The three members Reserving the right to object, will the on the majority side whom I have nom- gentleman from South Carolina inform inated to the Speaker voted for the bill this House how many conferees there and voted against the motion to recom- will be? mit. As I have stated time and time again, I am for whatever the House MR. MCSWAIN: I do not mind stating does; and I state again that I am for to the gentleman that I have rec- the House bill. ommended to the Speaker to appoint THE SPEAKER: After all, the Chair five. appoints the conferees. The Chair is al- MR. MAVERICK: Mr. Speaker, reserv- ways willing to accept the suggestions ing the right to object, an agreement made by the chairman of the com- was made by certain Members of the mittee which has charge of the bill, as- Military Affairs Committee to have five suming that the members who are ap- conferees, with unfriendly people on pointed will stand for the House meas- this committee. As one of the friends of ure because they represent the House the T.V.A., I was not invited, and as in the conference. far as I know Mr. Thomason, of Texas, MR. MAVERICK: One of the members and Mr. Wilcox, of Florida, and Mr. of the conferees has been one of the three bitterest opponents on the com- Hill of Alabama, also friends of the mittee of the bill the President wants, T.V.A., were not there. I think it is and that is the gentleman from Lou- wrong. I think this is a bad precedent isiana [Mr. Montet]. As I understand to put unfriendly men on the con- it, he is one of those to be appointed. ference committee; it may hold things Yes; Mr. Montet finally voted for the up, and it does not appear to me as bill, but he has consistently fought the fair—I will not be a party to any agree- bill from the very beginning. ment unfriendly to the purposes of the THE SPEAKER: The Chair would cer- great T.V.A. program. tainly not assume that the gentleman MR. [WILLIAM D.] MCFARLANE [of from Louisiana would accept a position Texas]: Mr. Speaker, I reserve the as a conferee and not stand for what right to object, to ask this question: I the House wants, because that is what the House conferees are expected to do, would like to see the personnel of the consistent with any proper com- conference committee appointed ac- promises that are necessary in order to cording to the way the majority of the put the measure through. On the con- House voted, and the personnel should trary the Chair has confidence in the be so appointed so that a majority of gentleman in every sense of the word. the committee will favor the majority That is a matter which should appeal position of the House. Take the first to the conferees when they go into ses- three members on the conference com- sion, and, after all, when the matter is mittee, based on their vote on this reported to the House, the House has question, and on the different adminis- its opportunity to express its approval tration amendments in the different or disapproval of the conference report. issues voted on in the House. How would their known position on this leg- Speaker as Conferee islation stand up with the opinion of the majority of the House on the legis- § 6.15 Although the manner of lation? appointment of conferees on

511 Ch. 6 § 6 DESCHLER’S PRECEDENTS

the part of the House and THE SPEAKER, their number is considered The House of Representatives, Washington, D.C. within the discretion of the DEAR MR. SPEAKER: It is with re- Speaker, the Speaker nor- gret that I announce my resignation mally does not appoint him- as a House conferee to consider H.R. self to a conference com- 1243, a bill to amend the Hatch Act. I am forced to resign because of ill mittee. health. ( ) On June 24, 1932, 18 Speaker Sincerely yours, John N. Garner, of Texas, sug- MARY T. NORTON. gested the appointment of himself THE SPEAKER [Sam Rayburn, of to a conference committee. After Texas]: Without objection, the resigna- some debate, and after a ruling by tion is accepted. There was no objection. the Speaker concerning his discre- THE SPEAKER: The Chair appoints tion in the manner of appoint- the gentlewoman from Connecticut ments of conferees, he did not ap- [Mrs. Woodhouse] to fill the vacancy point himself to the committee.(19) and the Clerk will notify the Senate of the change. Appointing Successor Con- On Oct. 14, 1966,(1) the fol- ferees lowing unanimous-consent request was made: § 6.16 Under more recent MR. [ADAM C.] POWELL [of New precedents, the Speaker ap- York]: Mr. Speaker, I ask unanimous points successor conferees to consent that the Republican conferees conference committees on on the bill (H.R. 13161) to strengthen the part of the House with- and improve programs of assistance for out the requirement of our elementary and secondary schools, be excused, and that the Speaker be House approval. empowered to appoint new Republican On Mar. 22, 1950,(20) a letter of conferees. resignation was laid before the THE SPEAKER [John W. McCormack, of Massachusetts]: Is there objection to House as follows: the request of the gentleman from New MARCH 22, 1950. York? MR. GERALD R. FORD [of Michigan]: 18. 75 CONG. REC. 13876–79, 72d Cong. Mr. Speaker, reserving the right to ob- 1st Sess. ject, is the gentleman from New York 19. See 8 Cannon’s Precedents § 3220, going to submit the names of the addi- for further treatment of this in- tional conferees? stance. 20. 96 CONG. REC. 3803, 81st Cong. 2d 1. 112 CONG. REC. 26996, 89th Cong. Sess. 2d Sess.

512 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

THE SPEAKER: As the gentleman § 6.17 Unanimous consent was from Michigan knows, the Chair required where a House con- makes the appointment. The Chair always seeks the counsel and advice of feree sought to absent him- the chairman, assuming that the chair- self from a conference. man has in turn conferred with the On May 16, 1930,(4) the fol- members of his own committee on both lowing unanimous-consent request sides. The Chair will state that he has four names. . . . was made. Is there objection to the request of MR. [GILBERT N.] HAUGEN [of Iowa]: the gentleman from New York? The Mr. Speaker, I ask unanimous consent Chair hears none, and appoints the fol- to take from the Speaker’s table the lowing conferees: Messrs. Ayres, Quie, bill (S. 108) to suppress unfair and Goodell, and Bell, and the Senate will fraudulent practices in the marketing be so notified. of perishable commodities in interstate THE SPEAKER: Is there objection to and foreign commerce, with House the request of the gentleman from New amendments thereto, insist on the York? The Chair hears none, and ap- House amendments, and agree to the points the following conferees: Messrs. conference asked by the Senate. Ayres, Quie, Goodell, and Bell, and the THE SPEAKER [Nicholas Longworth, Senate will be so notified. of Ohio]: The gentleman from Iowa On Nov. 17, 1967,(2) the fol- asks unanimous consent. . . . Is there objection? lowing unanimous-consent request There was no objection. was made: The Chair appointed the following MR. [CARL D.] PERKINS [of Ken- conferees: Mr. Haugen, Mr. Purnell, tucky]: Mr. Speaker, I ask unanimous and Mr. Aswell. consent that the gentleman from New MR. [JAMES B.] ASWELL [of Lou- Jersey [Mr. Daniels] may be excused isiana]: Mr. Speaker, I shall be absent as a conferee on the bill S. 2388, and next week, and I ask that the gen- that the Speaker be authorized to ap- tleman from Kentucky [Mr. Kincheloe] point a Member to fill the vacancy. be appointed in my place. THE SPEAKER [John W. McCormack, THE SPEAKER: Without objection, the of Massachusetts]: Is there objection to gentleman from Kentucky [Mr. the request of the gentleman from Kentucky? ther service, the Speaker may ap- There was no objection. point a successor without specific au- THE SPEAKER: The Chair appoints thorization from the House. Hence the gentleman from Michigan [Mr. Mr. Perkins need not have sought O’Hara] to fill the vacancy.(3) unanimous consent; it is when the Speaker appoints an additional con- 2. 113 CONG. REC. 32953, 90th Cong. feree that he must have the author- 1st Sess. ization of the House. 3. Parliamentarian’s Note: When the 4. 72 CONG. REC. 9076, 71st Cong. 2d House excuses a conferee from fur- Sess.

513 Ch. 6 § 6 DESCHLER’S PRECEDENTS

Kincheloe] will take the place of the § 6.19 The Speaker informs the gentleman from Louisiana on the con- House when, pursuant to au- ference. thority granted him, he has There was no objection. appointed conferees on the Appointing Additional Con- part of the House during an ferees adjournment of the House. On Sept. 23, 1940,(6) Speaker § 6.18 In order for the Speaker Sam Rayburn, of Texas, made the to appoint an additional con- following announcement: feree to a conference committee on the part of the THE SPEAKER: Pursuant to authority granted on Thursday, September 19, House, unanimous consent of 1940, the Chair did on Friday, Sep- the House must first be ob- tember 20, 1940, appoint as managers tained. on the part of the House to attend the On Oct. 9, 1967,(5) a unanimous conference on H.R. 10413, the excess- profits-tax bill, the following Members consent request was made relative of the House: Mr. Doughton, Mr. to the naming of an additional Cullen, Mr. McCormack, Mr. Cooper, conferee committee. Mr. Treadway, Mr. Crowther, Mr. Knutson. MR. [JOHN L.] MCMILLAN [of South Carolina]: Mr. Speaker, I ask unanimous consent that the Speaker be au- Conferees on Appropriations thorized to appoint an additional man- ager on the part of the House to serve § 6.20 The Speaker may ap- on the conference on the bill (H.R. point different conferees on 8719) to increase the annual Federal the part of the House to con- payment to the District of Columbia fer on separate chapters of and to provide a method for computing the annual borrowing authority for the an appropriations bill. general fund of the District of Colum- On July 27, 1955,(7) the fol- bia. lowing unanimous-consent request THE SPEAKER [John W. McCormack, was made: of Massachusetts]: Is there objection to the request of the gentleman from MR. [CLARENCE] CANNON [of Mis- South Carolina? souri]: Mr. Speaker, I ask unanimous The Chair hears none, and appoints the following additional conferee: Mr. 6. 86 CONG. REC. 12460, 76th Cong. 3d Fuqua. Sess. The House had previously The Clerk will notify the Senate. agreed to the conference on Sept. 19, 1940; see id. at p. 12360. 5. 113 CONG. REC. 28161, 90th Cong. 7. 101 CONG. REC. 11686, 84th Cong. 1st Sess. 1st Sess.

514 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

consent to take from the Speaker’s MR. [JOHN A.] BLATNIK [of Min- table the bill (H.R. 2728) making sup- nesota]: Mr. Chairman, I move that plemental appropriations for the fiscal the Committee do now rise. year ending June 30, 1956, and for THE CHAIRMAN [Daniel D. Rosten- other purposes, with Senate amend- kowski, of Illinois]: The question is on ments thereto, disagree to the Senate the motion of the gentleman from Min- amendments, and agree to the con- nesota. ference asked by the Senate. MR. [WILLIAM C.] CRAMER [of Flor- THE SPEAKER [Sam Rayburn, of ida]: Mr. Chairman, I demand tellers. Texas]: Is there objection to the re- Tellers were ordered, and the Chair- quest of the gentleman from Missouri? man appointed as tellers Mr. Blatnik [After a pause.] The Chair hears none and Mr. Cramer. and appoints the following conferees: Messrs. Cannon and Taber; and on § 6.22 The Chair may appoint chapter I, Messrs. Whitten, Marshall, new tellers after the initial and H. Carl Andersen; on chapter II, ones are found to be in dis- Messrs. Preston, Thomas, and Bow; on agreement on a teller vote. chapter III. Messrs. Mahon, Sheppard, ( ) Sikes, Wigglesworth, Scrivner, and On July 19, 1946, 9 a question Ford; on chapter IV, Messrs. Passman, was voted on as follows: Gary, and Wigglesworth; on chapter V, THE CHAIRMAN [John J. Delaney, of Messrs. Andrews, Mahon, and Fenton; New York]: The question is on the on chapter VI, Messrs. Thomas, Yates, committee amendment. and Phillips; on chapter VII, Messrs. The question was taken; and on a di- Kirwan, Norrell, and Jensen; on chap- vision (demanded by Mr. Thomason) ter VIII, Messrs. Fogarty, Fernandez, there were—ayes 63, noes 38. and Hand; on chapter IX, Messrs. MR. [R. EWING] THOMASON [of Rabaut, Kirwan, and Davis of Wis- Texas]: Mr. Chairman, I demand tell- consin; on chapter X, Messrs. Rooney, ers. Tellers were ordered, and the Preston, and Coudert; on chapter XI, Chair appointed as tellers Mr. May Messrs. Gary, Passman, and Canfield; and Mr. Short. on chapters XII, XIII, XIV, and XV, The committee divided; and the tell- Messrs. Rabaut, Norrell, and Horan. ers were unable to agree on the count. THE CHAIRMAN: Without objection, Appointing Tellers the Chair will direct that the vote by tellers be taken over. § 6.21 The Chair appoints tell- There was no objection. ers where tellers are ordered The Chair appointed as tellers Mr. in a Committee of the Whole. Thomason and Mr. Short. The Committee again divided, and ( ) On Sept. 21, 1965, 8 the fol- the tellers reported that there were- lowing motion was made: ayes 102, noes 72.

8. 111 CONG. REC. 24635, 89th Cong. 9. 92 CONG. REC. 9466, 79th Cong. 2d 1st Sess. Sess.

515 Ch. 6 § 6 DESCHLER’S PRECEDENTS

Appointing Electoral Vote read the same in the presence and hearing of the two Houses, shall Tellers make a list of the votes as they shall appear from the said certificates; § 6.23 The Speaker appoints and the votes having been tellers for the counting of ascertained and counted in the manner and according to the rules by law Presidential and Vice Presi- provided, the result of the same shall dential electoral votes pursu- be delivered to the President of the Senate, who shall thereupon an- ant to a concurrent resolu- nounce the state of the vote, which tion of both Houses. announcement shall be deemed a ( ) sufficient declaration of the persons, On Jan. 3, 1961, 10 the fol- if any, elected President and Vice lowing resolution was offered. President of the United States, and, together with list of the votes, be en- MR. [JOHN W.] MCCORMACK [of Mas- tered on the Journals of the two sachusetts]: Mr. Speaker, I offer a res- House. olution (S. Con. Res. 1) and ask for its The concurrent resolution was immediate consideration. agreed to. The Clerk read the concurrent reso- THE SPEAKER: [Sam Rayburn, of lution, as follows: Texas]: Pursuant to the provisions of Resolved by the Senate (the House Senate Concurrent Resolution 1, the of Representatives concurring), That Chair appoints as tellers on the part of the two Houses of Congress shall the House to count the electoral votes meet in the Hall of the House of on January 6, 1961, the gentlewoman Representatives on Friday, the 6th day of January 1961, at 1 o’clock from New York [Mrs. Kelly] and the post meridian, pursuant to the re- gentlewoman from Ohio [Mrs. Bolton]. quirements of the Constitution and laws relating to the election of Presi- § 6.24 The Speaker may ap- dent and Vice President of the point a new teller for the United States, and the President of the Senate shall be their presiding counting of electoral votes officer; that two tellers shall be pre- when a previously appointed viously appointed by the President of the Senate on the part of the Senate one is not present. and two by the Speaker on the part On Jan. 6, 1949,(11) after the of the House of Representatives, to whom shall be handed, as they are election in 1948 of Harry S. Tru- opened by the President of the Sen- man as President, Speaker Sam ate, all the certificates and papers Rayburn, of Texas, designated a purporting to be certificates of the electoral votes, which certificates teller for the counting of electoral shall be opened, presented, and votes. acted upon in the alphabetical order of the States, beginning with the let- THE SPEAKER: The gentleman from ter ‘‘A’’, and said tellers, having then New York [Mr. Gamble] is unavoidably

10. 107 CONG. REC. 26, 27, 87th Cong. 11. 95 CONG. REC. 89, 81st Cong. 1st 1st Sess. Sess.

516 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 6

detained and is unable to serve as tell- The bill was ordered to be engrossed er. and read a third time, was read the The Chair designates the gentleman third time, and passed, and a motion to reconsider was laid on the table.(13) from Pennsylvania [Mr. Graham] to act as teller in his stead. On Jan. 6, 1954,(14) a letter of resignation of the Sergeant at Temporary Appointments Arms, dated Sept. 14, 1953, was laid before the House: § 6.25 Pursuant to law and THE HONORABLE THE SPEAKER, House authorization, the House of Representatives. Speaker may make tem- MY DEAR MR. SPEAKER: I submit porary appointments to fill herewith, effective at the close of business today, my resignation as vacancies in the offices of Sergeant at Arms, House of Rep- the Clerk, the Sergeant at resentatives, which additional duty I assumed pursuant to House Resolu- Arms, the Doorkeeper, the tion 325, dated July 8, 1953, 83d Postmaster, and the Chap- Congress. lain of the House. Respectfully yours, LYLE O. SNADER, (12) Clerk of the On July 28, 1953, the fol- House of Representatives. lowing unanimous-consent request THE SPEAKER: [Joseph W. Martin, was made: Jr., of Massachusetts]: The Chair an- MR. [CHARLES A.] HALLECK [of Indi- nounces that, pursuant to the provi- ana]: Mr. Speaker, I ask unanimous sions of section 208(a) of the Legisla- tive Reorganization Act of 1946, he did consent for the immediate consider- on September 15, 1953, appoint Wil- ation of the bill (H.R. 6571) amending liam R. Bonsell, of the State of Penn- the Legislative Reorganization Act of sylvania, to act temporarily as Ser- 1946 to provide for the appointment of geant at Arms until the House chooses persons to exercise temporarily the du- a person for that office.(15) ties of certain offices of the House of On Mar. 14, 1966,(16) Speaker Representatives. John W. McCormack, of Massa- There being no objection, the Clerk read the bill, which author- 13. See also 2 USCA 75a–1. ized the Speaker to make appoint- 14. 100 CONG. REC. 8, 83d Cong. 2d Sess. ments on a temporary basis to fill 15. Parliamentarian’s Note: Mr. Snader, vacancies in the offices of the the Clerk of the House, had assumed Clerk, the Sergeant at Arms the the additional duties of the Sergeant Doorkeeper, the Postmaster and at Arms following the death of the the Chaplain of the House. elected Sergeant at Arms, William F. Russell. 12. 99 CONG. REC. 10128, 83d Cong. 1st 16. 112 CONG. REC. 5712, 89th Cong. 2d Sess. Sess.

517 Ch. 6 § 6 DESCHLER’S PRECEDENTS chusetts, appointed an Acting Resolved, That there shall be paid out of the contingent fund of the Chaplain following the death of House, until otherwise provided by the elected Chaplain. law, compensation at the rate of $3,600 per annum, payable monthly, THE SPEAKER: Pursuant to the provi- for the services of an assistant read- sions of the Legislative Reorganization ing clerk, who shall be designated by Act of 1946, as amended by Public Law the Clerk of the House, subject to 197, 83d Congress (67 Stat. 387; 2 the approval of the Speaker: Pro- U.S.C. 75–a–1–(a)), the Chair appoints vided, however, That the authorization and appropriation herein con- Edward Gardiner Latch, D.D., L.H.D., tained shall terminate whenever a of Washington, D.C., to act as and to vacancy occurs in a position of read- exercise temporarily the duties of the ing clerk. Chaplain of the House of Representa- The resolution was agreed to. tives.(17) On Aug. 3, 1953,(19) a resolution Appointments Subject to was introduced as follows: Approval MR. [CHARLES A.] HALLECK [of Indi- ana]: Mr. Speaker, I offer a resolution § 6.26 On occasion, the House (H. Res. 392) and ask for its immediate consideration. authorizes the designation of The Clerk read the resolution, as fol- certain House employees lows: subject to the approval of the Resolved, That effective August 1, Speaker. 1953, there shall be paid out of the contingent fund of the House, until On Jan. 18, 1945,(18) a resolu- otherwise provided by law, com- tion was offered which provided pensation at the basic rate of $3,000 per annum for the employment of an for the designation of an assistant assistant Journal Clerk-Indexer, who to the Clerk subject to the ap- shall be designated by the minority proval of the Speaker. leader subject to the approval of the Speaker. MR. [JOHN J.] COCHRAN [of Mis- The resolution was agreed to, and a souri]: Mr. Speaker, I offer a resolution motion to reconsider was laid on the (H. Res. 95) and ask for its immediate table. consideration. The Clerk read the resolution, as follows: § 7. Preserving Order on 17. Parliamentarian’s Note: This ap- the House Floor pointment was made to fill the vacancy caused by the death of the The Speaker’s jurisdiction, duty, Chaplain, Reverend Bernard and power to preserve order on Braskamp. 18. 91 CONG. REC. 334, 79th Cong. 1st 19. 99 CONG. REC. 11133, 83d Cong. 1st Sess. Sess.

518 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7 the House floor derives mainly manner by which one Member ad- from the House rules and House dresses or refers to another; (5) by precedents. This section lists ex- disallowing or controlling certain amples of both. references by Members to Sen- Under House rules, the Speaker ators or others; by controlling the preserves order on the House floor movements of Members on the by maintaining the decorum of the floor during debate; (6) by control- (20) proceedings, by controlling the ling the distribution of materials (1) use of the House Chamber, by on the House floor; (7) and by en- presiding over the Members dur- forcing the privileges of the House ing debate,(2) and by supervising floor.(8) the admission of persons to the House floor.(3) Under House precedents, the Speaker preserves order on the Controlling interjected Re- House floor: by using his power of marks recognition to remedy situations wherein a Member attempts to in- § 7.1 In preserving order on terrupt another Member who has the House floor, the Speaker the floor; (4) by controlling the has the power of recognition and Members must seek the 20. Rule I clause 2, House Rules and Speaker’s recognition before Manual § 622 (1973). See Ch. 29, interrupting another Mem- infra, for fuller treatment of the Speaker’s role in maintaining order ber who has the floor. on the House floor. On Feb. 17, 1936, (9) a par- 1. Rules I clause 3, § 623, and XXXI, liamentary inquiry was addressed § 918, House Rules and Manual to Speaker Joseph W. Byrns, of (1973). See Ch. 4, supra, for discus- Tennessee, as follows: sion of the use of the House Cham- ber. MR. [CLIFTON A.] WOODRUM [of Vir- 2. Rule XIV clauses 1–8, § § 749–764, ginia]: Mr. Speaker, a parliamentary House Rules and Manual (1973). See inquiry. Ch. 29, infra, for fuller treatment of THE SPEAKER: The gentleman will the Speaker’s role in presiding over state it. debate. 3.Rule XXXII clauses 1 and 2, House 5. See §§ 7.3 et seq., infra. Rules and Manual §§ 919–921 6. See §§ 7.13, 7.14, infra. (1973). See Ch. 4, supra, for treat- 7. See § 7.15, infra. ment of admission to the House 8. See Ch. 4, supra. floor. 9. 80 CONG. REC. 2201, 74th Cong. 2d 4. See §§ 7.1, 7.2, infra. Sess.

519 Ch. 6 § 7 DESCHLER’S PRECEDENTS

MR. WOODRUM: Mr. Speaker, in the interjected into the speech of interest of orderly procedure, I should a Member without his per- like to propound a parliamentary in- mission may be stricken by quiry to the Speaker. If I understand the rules of the the Member in his revision of House, they provide that in debate remarks. should a Member desire to address the On Mar. 4, 1936,(10) a debate House or the Speaker he must first se- took place which brought about a cure recognition of the Speaker. If a Member has the floor and is address- point of order, as follows: ing the House or the Speaker and an- MR. [CHARLES] KRAMER [of Cali- other Member desires to interrogate fornia]: Mr. Chairman, will the gen- him, interrupt, or interject remarks, he tleman yield? must first secure the permission of the MR. [MAURY] MAVERICK [of Texas]: Member who has the floor. Yes. Mr. Speaker, I observe a custom MR. KRAMER: Will the gentleman ex- growing up here of Members getting plain what the cartoon said down up and a number of them talking at below it? The gentleman said it was a once, with the Speaker pounding for fine picture of the President. I am sur- order. It seems to me that they must prised that the gentleman would stand not understand the rules, or else I do on the floor here as a Democrat, as a not understand them. I do not under- supporter of this administration and stand that under the rules a Member take that attitude toward our Presi- has a right to cut into another Mem- dent. ber’s speech, or interrupt the Member MR. MAVERICK: Do not talk non- when he is trying to speak, or while sense, Mr. Kramer. the Speaker is trying to make a ruling MR. [VITO] MARCANTONIO [of New or is addressing the House. I think the York]: Mr. Chairman, will the gen- Speaker should rule on this matter. tleman yield there? THE SPEAKER: The gentleman is cor- MR. MAVERICK: Yes; I yield. rect. The Chair has had occasion sev- MR. MARCANTONIO: As a matter of eral times, according to his distinct fact, the attitude of the gentleman and recollection, to call this rule to the at- some other gentlemen who are advo- tention of the Members of the House. cating this legislation is one of com- It is a violation of the rules of the peting with Mr. Hearst on the question House for a Member to interrupt an- of communism. other Member when he has the floor [Several gentlemen rose. Some con- without first addressing the Chair and fusion. Mr. Bankhead rose to a point of obtaining the consent of the Member order.] having the floor before he interrupts. MR. [WILLIAM B.] BANKHEAD [of Ala- bama]: Mr. Chairman, I rise to a point § 7.2 In preserving order on the House floor, the Chair 10. 80 CONG. REC. 3278, 74th Cong. 2d may rule that statements Sess. 520 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

of order. It is an absolute violation of Member, Mr. John E. Rankin, of the rules of the House governing debate to have remarks interjected with- Mississippi, as to the manner in out the consent of the gentleman who which a Member should address holds the floor. It certainly does not or make reference to another contribute anything to the dignity of Member on the floor of the House: the proceedings of the Committee or the clarification of issues, and I hope MR. RANKIN: Mr. Speaker, we have gentlemen will observe the rule. just witnessed one of the most ridicu- MR. MARCANTONIO: But the gen- lous performances that has taken place tleman from Texas had yielded to me. in this House since I have been in Con- MR. [JOHN J.] O’CONNOR [of New gress. These unjustified attacks on the York]: Mr. Chairman, supplementing Committee on Un-American Activities, what the distinguished majority leader has said, there is a bad practice in this these smear attacks on the Daughters House of the stenographer taking down of the American Revolution by the words which are said not under the Jewish gentleman from New York [Mr. rules of the House. The Chair should Celler], have been shocking indeed, to instruct the stenographer not to take say the least of it. down the words used by the gentleman MR. [EMANUEL] CELLER: Mr. Speak- from California in answer to my col- er, I make the point of order that the league from New York. gentleman is out of order when he re- THE HAIRMAN C [William L. Nelson, fers to me as ‘‘the Jewish gentleman of Missouri]: Under the rule the gentleman holding the floor has the privi- from New York.’’ I ask that the words lege of striking from his remarks such be taken down. words. [In pursuance of the above rul- THE SPEAKER: If the gentleman will ing Mr. Maverick eliminated certain allow the Chair, there is one way to matter not regarded as relevant to the refer to a Member of the House of Rep- proceedings.] resentatives and that is, ‘‘the gentleman from’’ the State from which he Controlling Manner of Address comes. Any other appellation is a violation of the rules. § 7.3 In preserving order on MR. RANKIN: Mr. Speaker, if he ob- the House floor, a Speaker or jects to being called a ‘‘Jewish gen- a Chairman of the Com- tleman’’ I withdraw it. mittee of the Whole may in- MR. CELLER: Mr. Speaker, I ask that struct Members as to the the words be taken down. manner by which they may MR. [VITO] MARCANTONIO [of New York]: I ask that those words be taken properly address one an- down. other in debate. MR. RANKIN: I am withdrawing the On Oct. 24, 1945,(11) Speaker words. I have not the time to argue Sam Rayburn, of Texas, advised a such matters. MR. MARCANTONIO: I object to his 11. 91 CONG. REC. 10032, 10033, 79th withdrawing the words. I request that Con. 1st Sess. the words be taken down.

521 Ch. 6 § 7 DESCHLER’S PRECEDENTS

THE SPEAKER: The Chair has already The Chair trusts that points of order stated the rule with reference to the may be properly points of order here- language of the gentlemen from Mis- after, and that a Member before he sissippi. . . . makes a point of order secures the rec- The gentleman from Mississippi [Mr. ognition of the Chair. Rankin] will proceed in order. . . . The gentleman from Mississippi will MR. RANKIN: Mr. Speaker, it is ex- proceed in order, and the Chair trusts ceedingly strange that a man pre- that the gentleman from Mississippi suming to arrogate to himself the pre- understands what the Chair means. rogative of speaking for a minority On Mar. 4, 1936,(12) a Member group will rise on this floor and de- nounce the Daughters of the American remarked as follows: Revolution, in the manner the Member MR. [ROBERT F.] RICH [of Pennsyl- from New York [Mr. Celler] did and vania]: . . . then raise a protest when he is even Mr. Chairman, where are we going referred to as a gentleman of his race. to head in at? When will we stop this MR. CELLER: Mr. Speaker, a point of extravagance? I want to say that we order. have talked about responsibility. THE SPEAKER: The gentleman will Whose responsibility? Whose, Mr. state it. Bankhead? Is it yours or is it the MR. CELLER: The gentleman by in- Members of this House? ference and innuendo has simply re- MR. [WILLIAM B.] BANKHEAD [of Ala- peated what he said at the inception of bama]: Mr. Chairman, I rise to a point his remarks when he attempted to of order. state that I was a Jewish gentleman. THE CHAIRMAN [William L. Nelson, That is the second time he did it by in- of Missouri]: The gentleman will state direction. I think the gentleman should it. be called to order and cautioned not to MR. BANKHEAD: Mr. Chairman, I am repeat that kind of language. not sensitive about the matter, but I THE SPEAKER: The gentleman refers am a little meticulous about observ- to the gentleman, if he referred to him ance of the rules of the House, and it at all, as the member of a minority is a direct violation of the rules of the race. The Chair does not think that is House for a Member to refer directly a violation of the rule. by name to any Member upon the MR. RANKIN: Mr. Speaker, a par- floor, and I shall have to give the gen- liamentary inquiry. I wish to proceed tleman a little preliminary schooling in order. Does the Member from New on the rules of the House and I may York [Mr. Celler] object to being called add to it a little later on. The gen- a Jew or does he object to being called tleman should say, ‘‘The gentleman a gentleman? What is he kicking from Alabama.’’ about? THE CHAIRMAN: The Chair confirms MR. MARCANTONIO: Mr. Speaker, a the statement of the gentleman from point of order. THE SPEAKER: The Chair desires to 12. 80 CONG. REC. 3286, 74th Cong. 2d make a little statement. Sess.

522 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

Alabama and sustains the point of MR. [ROSS] BASS [of Tennessee]: Mr. order. Chairman, I make the point of order MR. [BYRON B.] HARLAN [of Ohio]: that the gentleman is out of order in Mr. Chairman, as an additional point addressing the press gallery or any of order and with respect to the same other gallery from the floor of the point of order made by the gentleman House. from Alabama, following parliamentary MR. CURTIS: I am not addressing the practice and under the rules of the press gallery. I am addressing—— House, the gentleman should not, from THE CHAIRMAN: The gentleman from the floor, even address the gentleman Missouri will suspend. The Chair ad- from Alabama directly, but should di- vises the gentleman that the correct rect all of his remarks to the Chairman parliamentary procedure is for the gen- or the Speaker. tleman to address the Chair and only THE CHAIRMAN: The gentleman is the Chair. The gentleman will proceed correct. in accordance with the rules.

Whom Members May Address § 7.5 It is considered within the authority of the Speaker § 7.4 The Chair, in preserving in preserving order on the order on the floor of the floor of the House to inter- House, may rule out of order rupt a Member and rule out a Member’s address to any- of order any reference to a one other than the Chair, in- person in the House gallery. cluding the press. On June 4, 1963,(14) during a ( ) On Apr. 24, 1963, 13 the col- Member’s remarks, Speaker John loquy below occurred between Mr. W. McCormack, of Massachusetts, Thomas B. Curtis, of Missouri, on his own initiative took action and the Chairman of the Com- to prevent the reference to per- mittee of the Whole, Eugene J. sons in the gallery of the House. Keogh, of New York: MR. [WILLIAM T.] CAHILL [of New MR. CURTIS: Mr. Chairman, I want Jersey]: Mr. Speaker, and my col- to say to my so-called liberal friends leagues, as one of the sponsors of this who voted the motion up which closed legislation, I have patiently sat on this off debate on such a serious matter floor expecting that my friends from that you have clearly demonstrated that side of the aisle would at least your concern for the basic civil lib- show the courtesy to the minority to be erties. heard. It was my hope that it would I would say to the press that this is not be necessary for me to make any a good observation—— observations at all in order to obtain

13. 109 CONG. REC. 6892, 88th Cong. 1st 14. 109 CONG. REC. 10157, 10158, 88th Sess. Cong. 1st Sess.

523 Ch. 6 § 7 DESCHLER’S PRECEDENTS

the attention of my friends. Now, I On July 27, 1954, (15) in a simi- would say that this is not my observa- lar situation involving Benjamin tion, but I thought the House might like to have the observation of a disin- F. James, of Pennsylvania, Chair- terested, objective observer who was man of the Committee of the sitting up in the gallery and who hap- Whole, a Member attempted to pens to be a visitor of mine—— refer to a visitor in the House gal- THE SPEAKER: Reference to anybody lery. in the gallery is not consistent with the rules of the House. MR. [WALTER H.] JUDD [of Min- MR. CAHILL: I beg the Chair’s par- nesota]: Mr. Chairman, will the gen- don. tleman yield? I would say then, may I quote to you MR. [CLARENCE] CANNON [of Mis- the observation of a visitor who told souri]: If the gentleman will permit me—— me, I will finish my statement and MR. [ROSS] BASS [of Tennessee]: Mr. then I will be delighted to yield. Speaker, a point of order. Is the gen- MR. JUDD: My purpose is to call at- tleman referring to a visitor in the tention to the French nurse who is in Chamber, or in the gallery, or a visitor the gallery. in Washington? MR. CANNON: I yield to the gen- MR. CAHILL: No; I would say— tleman. THE SPEAKER: The gentleman will MR. JUDD: Mr. Chairman, I appre- suspend. The gentleman referred to a ciate the gentleman’s courtesy in per- visitor and it is not the Chair’s duty to mitting this short interlude. One of the penetrate his mind. things that always thrills everybody in MR. BASS: Mr. Speaker, a parliamen- the world is courage and devotion to tary inquiry. duty, especially when under most try- THE SPEAKER: Does the gentleman ing and dangerous circumstances. I ap- from Minnesota yield to the gentleman preciate the opportunity to call atten- from Tennessee to make a parliamen- tion to the presence in our gallery tary inquiry? THE CHAIRMAN: The gentleman from MR. [CLARK] MACGREGOR [of Min- Minnesota will suspend. The Chair re- nesota]: Mr. Speaker, I yield to the dis- grets extremely—— tinguished gentleman from Tennessee MR. JUDD: Mr. Chairman, I ask for the purpose of his parliamentary unanimous consent to proceed out of inquiry. order. MR. BASS: Since it is the prerogative THE CHAIRMAN: The gentleman may of the Members to inquire into the not proceed out of order for the pur- minds of the other Members, may I re- pose which he manifestly intends to quest of the Member to divulge if this use the time. The Chair regrets ex- speaker is in the gallery or on the tremely that he must so hold under the floor? rules of procedure of the House. We THE SPEAKER: The Speaker rules that is not a parliamentary inquiry. 15. 100 CONG. REC. 12253, 83d Cong. 2d ... Sess.

524 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

are all conscious of the great heroism ment of the privileges of the of the person to whom the Chair knows that the gentleman wishes to allude, floor of the House, including but it is a matter of extreme regret times when there is held a that because of the rules of the House, joint session of Congress in reference may not be made to anyone the House Chamber. in the gallery. ( ) MR. JUDD: I shall not say anything On Jan. 7, 1964, 16 Speaker about the gallery. I shall say she is on John W. McCormack, of Massa- the Hill today. THE CHAIRMAN: The Chair greatly chusetts, made an announcement regrets that under the rules of proce- with respect to the privileges of dure of the House, the gentleman must the floor during a joint session of be denied the privilege of introducing anyone in the gallery which, I know, the Congress. every Member of the House would greatly appreciate in this instance, if it THE SPEAKER: The Chair desires to were possible under the rules. make an announcement. After con- MR. JUDD: Mr. Chairman, I had no sultation with the majority and minor- intention of introducing anyone in the ity leaders, and with their consent and gallery. Is it not possible to refer here approval, the Chair announces on to persons who are in our country? Wednesday, January 8, 1964, the date THE CHAIRMAN: It is not possible to set for the joint session to hear an ad- refer to any person in the gallery. dress by the President of the United MR. JUDD: May I not call attention to a most distinguished visitor in our States, only the doors immediately op- country today? posite the Speaker and those on his THE CHAIRMAN: The gentleman may left and right will be open. No one will refer to one who is in our country. be allowed on the floor of the House MR. JUDD: Well, then, I should like who does not have the privileges of the to refer to the distinguished heroine of floor of the House. Dien Bien Phu who we, in the United States, are happy these days to welcome to our shores and to our city, and Controlling Reference to Sen- to pay tribute to her, as a person ators whose heroism is acclaimed by all, and as a symbol of all women of the world § 7.7 In preserving order on who in times of great crisis and peril are faithful to their duty, particularly the House floor, a Chairman that of ministering to men wounded in of the Committee of the the defense of freedom. We pay tribute Whole may interrupt a Mem- to her wherever she may be in our country at the present moment. ber to rule out of order any reference to a Member of the Enforcing Floor Privileges Senate.

§ 7.6 The Speaker has within 16. 110 CONG. REC. 6, 88th Cong. 2d his authority the enforce- Sess.

525 Ch. 6 § 7 DESCHLER’S PRECEDENTS

On May 25, 1937,(17) a Member made has on repeated occasions made spoke as follows in the Committee reference to Senator Wheeler of Mon- of the Whole: tana. I am not making this point of order in defense of Senator Wheeler or MR. [ALFRED F.] BEITER [of New anybody else but in an effort to pre- York]: . . . serve what I understand to be the Mr. Chairman, I have letters here rules of this House. I make the point of from Members of the Senate saying order that the gentleman is out of they are in sympathy with this move- order and is proceeding in violation of ment. If you will permit me, I will read the rules of the House when he refers a letter from Senator Murray, in which either contemptuously or in a com- he says—— plimentary manner to a Member of an- THE CHAIRMAN [John J. O’Connor, of other body. I believe the gentleman’s New York]: The Chair, on its own re- remarks should be deleted in those as- sponsibility, makes the point of order pects in which he has thus referred to against the reading of a letter from a the Senator from Montana in order Member of another body. that we may preserve the plain mandate of the rules of this House. § 7.8 In preserving order on THE SPEAKER PRO TEMPORE: The the House floor, a Speaker point of order is sustained. pro tempore enforces the The gentleman from Wisconsin will rule that in debate a Member proceed in order. may not directly nor indi- MR. [THADDEUS F. B.] WASIELEWSKI rectly refer to a Senator or to [of Wisconsin]: Mr. Speaker, the speech I have prepared here has wholly to do a speech made by a Senator with the talk given by Senator Wheel- even though the speech was er. Is it permissible to merely make not made in the Senate reference to him as the senior Senator Chamber. from Montana? On May 2, 1941,(18) a point of THE SPEAKER PRO TEMPORE: Under the rules of the House, it is a violation order was raised: of the rules to refer to a Senator of the MR. [FRANK B.] KEEFE [of Wis- United States in any such fashion. consin]: Mr. Speaker, a point of order. Under the rules of the House the gen- THE SPEAKER PRO TEMPORE [Fadjo tleman should refrain from such re- Cravens, of Arkansas]: The gentleman marks as those and proceed in order. will state it. ... MR. KEEFE: Mr. Speaker, the gen- MR. WASIELEWSKI: Mr. Speaker, I tleman in the address he has just ask unanimous consent at this time to revise and extend my remarks to con- 17. 81 CONG. REC. 5013, 75th Cong. 1st form with the House rules. I offer my Sess. profoundest regrets and apology if I 18. 87 CONG. REC. 3536, 3537, 77th have in any way violated the rules of Cong. 1st Sess. the House. I did not realize that the

526 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

House rule also covered statements preserving order on the floor made by Members of Congress outside of the House to rule out of the Capitol halls. MR. [EARL C.] MICHENER [of Michi- order words spoken in de- gan]: Mr. Speaker, reserving the right bate referring to another to object, the gentleman asks to revise Member in an unparliamen- and extend his remarks in accordance tary manner. with the rules of the House? (19) MR. WASIELEWSKI: That is right. On July 2, 1935, the debate MR. MICHENER: And the gentleman below took place in the House, will not include in his extension those Speaker Joseph W. Byrns, of Ten- things that violate the rules and to nessee, presiding: which objection has been made? MR. WASIELEWSKI: That is right. MR. [MAURY] MAVERICK [of Texas]: I ... have not the parliamentary experience MR. [JOHN M.] VORYS of Ohio: Mr. and ability to get up here and beat the Speaker, pursuing my parliamentary parliamentary rules; but I do say I inquiry, and reserving the right to ob- hope the House passes the resolution, ject, what I wanted to know is this— and I do not believe a word the gen- and whether it applies to this speech tleman from Maine [Mr. Brewster] or not is not the point. Can an attack said. . . . be made upon a Member of this House MR. [RALPH O.] BREWSTER: Mr. or a member of another body merely by Speaker—— referring to the person indirectly, so long as the Member is clearly identi- THE SPEAKER: For what purpose fied and the matter consists of an at- does the gentleman from Maine rise? tack upon something he has said or MR. BREWSTER: I rise to ask whether done? it is possible for the gentleman from THE SPEAKER PRO TEMPORE: Under Texas to challenge my word on the the rules of the House the gentleman floor of this House without having his is not permitted to do indirectly what words taken down. I rose immediately he cannot do directly. Consequently the words were uttered, and it seems the point of order was sustained upon to me nothing could transcend such a the theory that there had been an un- proposition. If that is not possible, it intentional violation of the rules of the transcends my conception of par- House. The gentleman now asks unan- liamentary procedure. imous consent that he may be per- THE SPEAKER: To what words does mitted to revise and extend his re- the gentleman object? marks. Is there objection? MR. BREWSTER: He said, as I under- There was no objection. stood him, that he did not believe a word I had uttered. Controlling References to Mem- THE SPEAKER: The Chair would state bers to the gentleman that the Chair does

§ 7.9 It is considered within 19. 79 CONG. REC. 10670, 10671, 74th the authority of the Chair in Cong. 1st Sess. 527 Ch. 6 § 7 DESCHLER’S PRECEDENTS

not think that implies that the gen- MR. [LEE G.] GEYER of California: tleman uttered an untruth. That was . . . I see in the balcony some young the opinion of the gentleman from people, some school people, who have Texas, but not necessarily the opinion come here to watch their Representa- of anyone else, and the Chair does not tives in session. I am anxious that they understand that there is any question get a proper idea concerning this great of privilege involved in the remarks ut- body. tered. I have heard the gentleman from MR. BREWSTER: May I ask that the Wisconsin, the man who made Mil- words be taken down? waukee famous, stand upon this floor a THE SPEAKER: The gentleman could good many times. He is an estimable have done that—— gentleman. I like him very much when MR. [WILLIAM D.] MCFARLANE [of he is not in the well of this House. I Texas]: Mr. Speaker, a point of order. have seen him come out with a hand THE SPEAKER: The Chair is trying to that only he possesses, a hand like a rule on a point of order now, if the gen- ham, and grasp this [microphone] until tleman will permit the Chair to do so. it groaned from mad torture. I have MR. MCFARLANE: I wanted to make seen him come on the floor and stamp my point of order before the Chair up and down like a wild man. rules. MR. [JOHN] TABER [of New York]: THE SPEAKER: The gentleman from Mr. Chairman, I demand that the gen- Texas made the statement, but that tleman’s words be taken down. does not necessarily imply that the gentleman from Maine intentionally THE CHAIRMAN [Frank H. Buck, of made a misstatement on his own part. California]: The gentleman from New He simply said he did not believe it, York demands that the words of the but this did not necessarily imply that gentleman be taken down. The gen- the gentleman from Maine inten- tleman from California will take his tionally made a misstatement. What seat. the gentleman from Texas said may be The gentleman from New York will construed as meaning that the gen- indicate to the Clerk the words ob- tleman from Maine was merely mis- jected to. taken in his conclusions, and that the MR. TABER: ‘‘Stamping like a wild gentleman did not deliberately make a man’’ and ‘‘a hand like a ham.’’ false statement. So the Chair fails to MR. [JOHN C.] SCHAFER of Wis- see where any question of privilege is consin: Mr. Chairman, as far as I am involved in the statement. Of course, if concerned, I am not objecting to the the gentleman wishes to make his own words. I will handle him at a later statement about it, he can do so with date. the permission of the House. MR. TABER: I believe the integrity of ( ) On Mar. 16, 1939, 20 debate the rules of the House should be pre- took place in the Committee of the served. Whole as follows: THE CHAIRMAN: The Clerk will report the words taken down at the re- 20. 84 CONG. REC. 2871, 76th Cong. 1st quest of the gentleman from New Sess. York.

528 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

The Clerk read as follows: McCormack, of Massachusetts, I have seen him come on the floor presiding: and stamp up and down like a wild man. MR. [ADOPH J.] SABATH [of Illinois]: Mr. Speaker, the original bill in the MR. TABER: Mr. Chairman, there last Congress was introduced by the were some other words about ‘‘a hand gentleman from West Virginia [Mr. like a ham.’’ Ramsey] and finally approved by the THE CHAIRMAN: The Clerk will re- secretaries of the various States who port the additional words. . . . The sent a delegation down here. It was op- Committee will rise. posed then by the gentleman from Mis- Accordingly the Committee rose; and sissippi [Mr. Rankin]; nevertheless, the the Speaker . . . resumed the chair vast majority of the Members voted for ... it. The present bill that the gentleman THE SPEAKER [William B. Bankhead, from Mississippi charges was written of Alabama]: The Clerk will report the by someone, he does not know whom, words objected to in the Committee of was introduced by me. . . . the Whole House on the state of the I said that I did not care whether it Union. . . . was my bill, his bill, or any bill [when The rule governing situations of this I appeared before the committee]; but character provides as follows: that it should be a bill that will give them the right to vote and not a bill OF DECORUM AND DEBATE that will deprive them of that great privilege as the gentleman from Mis- When any Member desires to speak or deliver any matter to the sissippi is trying to do. House he shall rise and respectfully MR. [JOHN E.] RANKIN: Mr. Speaker, address himself to ‘‘Mr. Speaker,’’ I demand that those words be taken and, on being recognized, may ad- down. I make the point of order that dress the House from any place on his statement is false and slanderous. the floor or from the Clerk’s desk, I demand that those words be taken and shall confine himself to the question under debate, avoiding per- down. sonality. MR. SABATH: I demand that those words be taken down. . . . The words objected to and which THE SPEAKER PRO TEMPORE: The have been taken down and read from Chair has instructed that the words the Clerk’s desk very patently violate demanded to be taken down be read, the rule, because the words alleged do and when they are ready the Clerk will involve matters of personal reference report them. and personality. The Clerk read as follows: ( ) On Dec. 20, 1943, 1 debate took Mr. Sabath: I said I did not care place as follows in the House, whether it was my bill, his bill, or any bill, but a bill that will give Speaker pro tempore John W. them the right to vote and not a bill that will deprive them of that great 1. 89 CONG. REC. 10922, 10923, 78th privilege as the gentleman from Mis- Cong. 1st Sess. sissippi is trying to do.

529 Ch. 6 § 7 DESCHLER’S PRECEDENTS

MR. RANKIN: Mr. Speaker, I make On Jan. 31, 1946, (2) debate took the point of order that those words vio- place as follows: late the rules of the House, and, so far as my denouncing them as false is con- MR. [EMANUEL] CELLER [of New cerned, I am clearly within the rules of York]: I wish, if I may be permitted, to the House, as has been demonstrated answer my own question. The Case bill here and pointed out time and time does return to those very dark and again. murky days; and, to quote the Bible, When any Member rises on the floor ‘‘as a dog returneth to his vomit, so a and makes a false statement, any fool returneth to his folly.’’ other Member has the right to say that MR. [CLARK E.] HOFFMAN [of Michi- that statement is false; and when that gan]: Now, wait a minute. Mr. Chair- statement is slanderous, any gen- man, I object to those words. I ask that tleman is within the rules of the House those words be taken down as unpar- when he says so. liamentary language. MR. SABATH: Mr. Speaker, I do not MR. CELLER: But I quoted the Bible. think it is necessary for me to answer THE CHAIRMAN [Frank L. Chelf, of the gentleman from Mississippi. Kentucky]: What words does the gen- MR. [RALPH E.] CHURCH [of Illinois]: tleman object to? Mr. Speaker, the regular order. MR. HOFFMAN: Where he said we MR. SABATH: His own statement would be like a dog returning to his shows he is wrong. vomit if we defeated this bill. THE SPEAKER PRO TEMPORE: The MR. CELLAR: I said the Case bill. Chair is prepared to rule. There are That is a quotation from the Bible several ways of averting a ruling on MR. HOFFMAN: The gentleman can this matter, but the Chair is prepared quote more Scripture to his purpose to rule, neither gentleman having than anyone else. asked unanimous consent that the re- THE CHAIRMAN: The Chair rules this marks be withdrawn. . . . all out of order. The Clerk will take The Chair feels that the question is down the words objected to. very close to the line, but does trans- MR. CELLER: Mr. Chairman, I de- gress the rules when the gentleman mand that the words of the gentleman from Illinois used the words ‘‘deprive from Michigan be taken down. He said them’’ in that those words tend to im- I quoted Scripture to my own purpose, pugn the motives of the gentleman like the devil. from Mississippi. . . . MR. [FRANCIS H.] CASE of South Da- So far as the remarks made by the kota: Mr. Chairman, I rise to a point of gentleman from Mississippi are con- order. When a demand is made to take cerned, the Chair has no difficulty in down a Member’s words, that Member ruling that those words clearly trans- has no right to the floor until the mat- gress the rules of the House, and the ter has been settled. Chair so rules on both statements made, taken down, and reported by the 2. 92 CONG. REC. 675, 676, 79th Cong. Clerk. 2d Sess.

530 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

THE CHAIRMAN: All gentlemen will guard finds a man violating the prohi- take their seats. . . . bition law and the man flees, or he The Committee will rise. shoots at him, he should shoot two or Accordingly, the committee rose; and three times above him and beside him The Speaker . . . resumed the chair. and around him to show that the Gov- THE SPEAKER [Sam Rayburn, of ernment is sincere, and then, if he Texas]: The Clerk will report the words does not stop, to enforce the law as it objected to. . . . should be enforced? . . . The Chair does not know all that MR. [CARROLL L.] BEEDY [of Maine]: happened before the language objected I know that no warning gun, if the to was used, but the name of no Mem- gentleman is referring to the Black ber is mentioned. In the words taken Duck incident, was fired before the gun down the gentleman was giving his was fired which resulted in the loss of opinion of a measure before the House. life. . . . The Chair would be compelled to hold MR. [FIORELLO H.] LAGUARDIA [of that the language is not unparliamen- New York]: The gentleman knows that tary. that is just the difficulty. The moment the Government officer does act that Controlling References to Non- way he is removed from the state court and brought before one of our own members commissioners and then discharged. That is the difficulty. § 7.10 In preserving order in MR. [CHARLES H.] SLOAN [of Ne- the House, the Chair deter- braska]: That is a distinct charge mines whether words taken against the judicial system of this down, as reported by the country, which is not valid. Committee of the Whole, are MR. [ADOLPH J.] SABATH [of New out of order before further York]: It is true. Instead of being prosecuted, he is being defended by the dis- business is undertaken. trict attorneys in each and every in- On Jan. 18, 1930,(3) during a de- stance. bate on the enforcement of legisla- MR. SLOAN: I challenge the gentle- tion regulating the sale of alco- man’s general charge against the integrity of the courts of the United holic beverages, the following re- States. marks were made: MR. BEEDY: Mr. Chairman, I rise to MR. [WILLIAM I.] SIROVICH [of New a point of order. York]: I personally believe in the rigid THE CHAIRMAN [Bertrand H. Snell, enforcement of the prohibition law. I of New York]: The gentleman will state want every wet and dry to respect it in it. this country; but does not the gen- MR. BEEDY: I ask that the remarks tleman believe that when a coast of the gentleman from Illinois be taken down. . . . 3. 72 CONG. REC. 1905–07, 71st Cong. THE CHAIRMAN: The Clerk will read 2d Sess. the words taken down.

531 Ch. 6 § 7 DESCHLER’S PRECEDENTS

The Clerk read as follows: present Members are unpar- MR. SABATH: It is true. Instead of liamentary. being prosecuted he is being defended ( ) by district attorneys. . . . On Nov. 15, 1945, 4 debate took Accordingly the Committee rose; and place in the House as follows: the Speaker pro tempore [Mr. Tilson] MR. [ANDREW J.] BIEMILLER [of Wis- . . . resumed the Chair. . . . consin]: Mr. Speaker, it is now more MR. [WILLIAM B.] BANKHEAD [of Ala- than 6 months since VE-day and more bama]: Mr. Speaker, a parliamentary than 3 months after VJ-day. Six inquiry. months ago, we expected when this THE SPEAKER PRO TEMPORE [John happy event arrived we would see an Q. Tilson, of Connecticut]: The gen- immediate rush to peacetime activities, tleman will state it. giving jobs to former war workers and MR. BANKHEAD: As I understand the soldiers, making things we all rule, when the procedure has gone as need.... far as it has in this instance, under the Yet, some of our people are so mis- rule it is the primary duty of the informed they cry Communist at every Speaker, before any further procedure measure with the slightest touch of lib- can be taken, to determine whether or eralism, at every person who has had not the words so reported are in them- a new idea since 1860. In so doing, selves out of order. they bring more opprobrium on them- THE SPEAKER PRO TEMPORE: The selves than on the cause or the individ- Chair is ready to rule. uals they attack. The gentleman from MR. BEEDY: Mr. Speaker, they are Mississippi, for instance, is well known not all the words I asked to be taken for his ability to see a Communist in down. every woodpile. Only the other day it THE SPEAKER PRO TEMPORE: The was reported in the Pathfinder maga- Chair can only rule on the words re- zine for October 31 that he stated at a ported to the House by the Chairman committee hearing that he regarded of the Committee of the Whole House. Abraham Lincoln as a Communist. The present occupant of the Chair MR. [JOHN E.] RANKIN [of Mis- can see nothing objectionable, from a sissippi]: Mr. Speaker, a point of order. parliamentary standpoint, in the re- I called the Pathfinder up and they marks reported. apologized and said that the man who The Committee will resume its ses- wrote that took my statement and re- sion. versed it. When the leader of the Com- munist Party, William Z. Foster, § 7.11 It is considered within talked about Lincoln as being a Com- the authority of the Speaker munist, I said, ‘‘As a Southern Demo- in preserving order on the crat, I resent your branding Abraham Lincoln as a Communist.’’ Now, please House floor to rule on whether words spoken in reference 4. 91 CONG. REC. 10735, 10736, 79th to persons other than Cong. 1st Sess. 532 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

do not get your information from those House when objection is Communists about me but stay by the heard to a unanimous-con- record while you are discussing me on this floor. sent request to allow a Mem- MR. BIEMILLER: Mr. Speaker, I am ber to read papers on the delighted to have the record show floor. there is at least one liberal in the past On Oct. 24, 1945,(5) a Member century that Mr. Rankin does not con- attempted to read some papers to sider as a Communist. the house: MR. RANKIN: Mr. Speaker, I demand that those words be taken down. . . . MR. [HUGH] DE LACY [of Wash- THE SPEAKER: [Sam Rayburn, of ington]: Mr. Speaker, the gentleman Texas]: The Clerk will report the words from New York has made a very able the gentleman from Mississippi has de- statement of some of the general issues manded be taken down. . . . involved in this discussion today. I would like to discuss some aspects of MR. RANKIN: Mr. Speaker, I would the freedom of the air. like to be heard on the point of order. When the House Committee on Un- THE SPEAKER: This is not a point of American Activities requested the order. These are words taken down on scripts of certain American radio the demand of the gentleman from commentators— Mississippi. MR. [JOHN E.] RANKIN [of Mis- The Chair does not find anything in sissippi]: Mr. Speaker, a point of order. the language that is contrary to the THE SPEAKER: [Sam Rayburn, of rules of the House or is unparliamen- Texas]: The gentleman will state it. tary. MR. RANKIN: A Member who has the MR. RANKIN: Mr. Speaker, the point floor has to get unanimous consent to of order is this: That, taken in the read. Now they can all read that stuff light of his previous statements, where in the papers tomorrow. I read it this he falsely accused me of making a morning. I make the point of order statement with reference to Abraham that he has no right to get up here and Lincoln that was exactly opposite from read that stuff and take up the time of what I did say, his utterance was a the Congress without unanimous con- violation of the rules of the House. sent. THE SPEAKER: Even if the gentleman THE SPEAKER: If anybody objects to had given his opinion that Mr. Lincoln the reading, the question can be put to was a Communist, that would not have the House and the House can decide. been a violation of the rules of the MR. RANKIN: I object to its reading. House. It has all been distributed and everybody is familiar with it. Controlling Reading of Papers THE SPEAKER: The question is, Shall the gentleman from Washington be permitted to read the statement? § 7.12 In preserving order on the House floor, the Speaker 5. 91 CONG. REC. 10031, 79th Cong. 1st puts the question to the Sess.

533 Ch. 6 § 7 DESCHLER’S PRECEDENTS

The question was taken; and the MR. ZIONCHECK: I am not asking the Speaker announced that the ayes had gentleman to yield. I am just standing it. here doing nothing. Has the gentleman THE SPEAKER: The gentleman from got a complex? Washington may proceed. MR. BLANTON: Will the Chair rule whether or not the gentleman is in order. Controlling Members’ Floor THE CHAIRMAN [William L. Nelson, Movements of Missouri]: He is not in order. MR. ZIONCHECK: Mr. Chairman, a § 7.13 In preserving order on point of order. the House floor, the Chair THE CHAIRMAN: Will the gentleman may rule a Member out of kindly take his seat? MR. ZIONCHECK: Mr. Chairman, a order when he stands by or point of order. walks about another Member THE CHAIRMAN: The gentleman will who has the floor in debate. state it. (6) MR. ZIONCHECK: I was doing noth- On Mar. 5, 1936, debate took ing; he brings this up; and I think the place in the Committee of the Chair cannot rule on something which Whole as follows: does not exist. THE CHAIRMAN: The Chair rules that MR. [THOMAS L.] BLANTON [of the gentleman from Washington must Texas]: Mr. Chairman, I rise in opposi- be in his seat when the other gen- tion to the amendment. If our friend tleman has the floor. from Washington [Mr. Zioncheck] had MR. ZIONCHECK: In other words, I looked up the data on this bill and the am supposed to sit down? hearings he would not have offered the THE CHAIRMAN: Yes. amendment or made his speech. In the first place, instead of being $60,000 for § 7.14 In preserving order on lights, he will find it is only $25,000, the House floor, the Chair and page 37 of the estimates shows that. may rule that a Member is Mr. Zioncheck rose. out of order if, when pro- MR. BLANTON: I do not want to be pounding a question to a interrupted. Member speaking from the MR. [MARION A.] ZIONCHECK [of well of the House, he does so Washington]: I am not asking the gen- from the well rather than tleman to yield. from the House seats. MR. BLANTON: I do not want to be ( ) interrupted, and I ask the Chair to On Mar. 7, 1957, 7 debate took rule whether or not the gentleman place in the Committee of the from Washington is in order. Whole as follows:

6. 80 CONG. REC. 3376, 74th Cong. 2d 7. 103 CONG. REC. 3268, 85th Cong. 1st Sess. Sess.

534 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 7

MR. AUGUST H. ANDRESEN [of Min- On Aug. 16, 1935,(8) a par- nesota]: I do not want to yield for a liamentary inquiry was addressed speech. to Speaker Joseph W. Byrns, of MR. [GEORGE H.] CHRISTOPHER [of Missouri]: I did not come down to Tennessee: heckle the gentleman. MR. [CLAUDE A.] FULLER [of Arkan- MR. AUGUST H. ANDRESEN: I will sas]: Mr. Speaker, I rise to a par- yield for a question, but I refuse to liamentary inquiry. I just sent a page yield for a speech. for the bill under consideration, H.R. MR. CHRISTOPHER: I would like to 9100, and received the copy which I ask a question. have in my hand. At the top of the bill, MR. [CLARE E.] HOFFMAN [of Michi- pasted onto it is a pink slip, and on gan]: Mr. Chairman, a point of order. that pink slip in typewriting are the THE CHAIRMAN [Brooks Hays, of Ar- words: kansas]: The gentleman will state it. Bituminous-coal as amended and MR. HOFFMAN: I ask that the well be reprinted—controversial phases cleared. largely eliminated. Two-thirds of THE CHAIRMAN: The gentlemen from tonnage output operators favor bill, Michigan makes a point of order that and more than 95 percent of labor. the well should be cleared. The gen- My inquiry is to know whether it is tleman will step back to the seats to proper for anybody to paste such a ask his question. thing as that on a document of the MR. CHRISTOPHER: I want to ask a House and whether it is proper for it question about the 51 million acre to be circulated in the House. This is base. the first time in my experience that I MR. HOFFMAN: Mr. Chairman, I in- have ever seen any advertisement on sist on my point of order. an official document or bill pending in THE CHAIRMAN: The gentleman from the House. I rise for the purpose of Missouri will suspend. We want to ascertaining how it came there and comply strictly with the rules. The gen- whether or not it is proper to be on tleman will stand back out of the well, this bill. please while the question is pro- THE SPEAKER: The Chair has no in- pounded. formation on the subject. Where did the gentleman get his copy of the bill? Controlling Distribution of MR. FULLER: From a page. I send Materials this copy to the desk so that the Speaker may examine it. § 7.15 The Speaker, in pre- MR. [J. BUELL] SNYDER [of Pennsyl- serving order on the House vania]: I can tell the gentleman how floor, may stop the distribu- that came there. tion to Members of copies of THE SPEAKER: The gentleman may state. House bills with a Member’s memoranda attached there- 8. 79 CONG. REC. 13433, 74th Cong. 1st to. Sess. 535 Ch. 6 § 7 DESCHLER’S PRECEDENTS

MR. SNYDER: Mr. Speaker, I had so the Hall of the House of Representa- many of these bills sent to my office, tives. At any time in the future when and with my secretarial help we wrote any Member desires to entertain a those words on that pink slip and group except Members of the House of pasted the slip on the bill. That is how Representatives it will be held that the that happens to be there. I sent copies caucus room is open for that purpose, of these bills with the slip on them to but not the Hall of the House of Rep- those interested and sent some of them resentatives.(10) to the desk back here, to be handed out upon request. It is altogether fitting and proper that I should do so. § 8. Preserving Order in ... the House Galleries THE SPEAKER: The Chair knows of no rule or authority for inserting a statement like that to which the gen- The Speaker’s jurisdiction, du- tleman has called attention on a bill, ties, and powers to preserve order and the Chair instructs the pages of in the House galleries are derived the House not to distribute any more from the House rules and prece- bills carrying this sort of inscription to dents. This section gives examples Members on the floor of the House. of both.(11) Controlling Use of the Hall Under House rules the Speaker has control of the order and deco- § 7.16 It is considered within rum of the House galleries,(12) the the authority of the Speaker allocation of space in and the to rule that Members may issuance of passes to the gal- not use the Chamber of the leries,(13) and the regulation of the House to entertain groups of press galleries.(14) people. The Speaker has ordered an offending visitor out of the House On Feb. 14, 1955,(9) Speaker Sam Rayburn, of Texas, made the 10. As to the Hall of the House, see Ch. following statement: 4, supra. 11. See Ch. 4, supra, for fuller treatment THE SPEAKER: The Chair desires to make a statement on the use of the of the Speaker’s control of the House Hall of the House of Representatives. galleries. ... 12. Rule I clause 2, House Rules and A great many Members have asked Manual § 622 (1973). the Parliamentarian and the present 13. Rule XXXIII, House Rules and Man- occupant of the chair about the use of ual § 922 (1973). 14. Rule XXIV clauses 2 and 3, House 9. 101 CONG. REC. 1512, 84th Cong. 1st Rules and Manual §§ 930 and 930a Sess. (1973).

536 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 8 galleries (15) and has had all of the tection of the Members and the places galleries cleared. (16) The Speaker in which they work. This responsi- has prescribed the manner of ob- bility, of course, is a little more anxious one right now than in ordinary taining admission to the gal- times, and anything that is done or ( ) leries 17 and has admonished visi- any regulation that is issued is issued tors about improper demonstra- after the best and most competent ad- tions.(18) vice the Speaker is able to get. The Speaker has also directed Some time ago cards were issued the press gallery to report to him, and no one was allowed to come into the gallery without one. These cards after an infraction of regulations, have been outstanding for some time, what remedial measures it would and I am sorry to say they have been take to prevent future infrac- widely distributed, many of them tions.(19) mailed to distant points in the country. The Chair and those who advise him have decided that it is best to revoke all outstanding cards of admission to Controlling Admission to the galleries. New cards have been Gallery printed and will be distributed to the Members today and tomorrow, as the § 8.1 It is considered within cards to the gallery outstanding will the authority of the Speaker not be honored after Wednesday morn- to regulate the manner by ing. . . . Another thing that those who advise which guests may be per- me think is highly advisable is that mitted to enter the House the people entering any of the gal- gallery. leries, except the Members’ gallery, On Feb. 23, 1942,(20) Speaker submit themselves to search. This is thought wise and judicious by men Sam Rayburn, of Texas, spoke who will be in the Capitol and who will concerning his responsibility for be competent for the work. the protection of the Members of I hope this may not seem too irk- the House: some to some of our people who may come to Washington. I am willing to THE SPEAKER: One of the respon- take this responsibility for the reason sibilities of the Speakership is the pro- that if a mishap occurs around the Capitol somebody has got to take the 15. See § 8.4, infra. responsibility, and I am willing to 16. See §§ 8.2, 8.5, infra. share my part of it. So I hope the cards 17. See § 8.1, infra. that will be issued in lieu of those out- 18. See § 8.3, infra. standing may be handed in Wash- 19. See § 8.6, infra. ington to visitors and constituents of 20. 88 CONG. REC. 1524, 77th Cong. 2d yours and not be mailed around the Sess. country.

537 Ch. 6 § 8 DESCHLER’S PRECEDENTS

§ 8.2 It is considered within The Chair will state that visitors in the authority of the Speaker the gallery are guests of the House of Representatives. Under the rules and not to permit visitors in the practices of the House of Representa- House galleries under cer- tives, visitors in the gallery are not tain circumstances. permitted to make undue noise or to (1) applaud or to in any way show their On May 10, 1972, Speaker pleasure or displeasure as to the ac- Carl Albert, of Oklahoma, made tions of the Members of the House. the following announcement:

THE SPEAKER: The Chair desires to § 8.4 The Speaker may order make a statement. the removal of a person who The Chair has received intelligence is taking pictures of the from the police force and other responsible authorities that there will be dis- House from the gallery with- turbances in the gallery today. On the out permission of the House. basis of this information and their rec- On Feb. 22, 1950,(3) Speaker ommendation the Chair has ordered that the galleries be closed to the pub- Sam Rayburn, of Texas, made the lic for the time being. following statement:

THE SPEAKER: The Chair under- Controlling Visitor Behavior stands there is a camera in the gallery. Whoever has that camera will remove § 8.3 It is considered within the camera or remove themselves and the authority of the Chair to the camera immediately. That is a vio- admonish visitors con- lation of the rules of the House. cerning the proper behavior MR. [JOHN E.] RANKIN [of Mis- in the House galleries. sissippi]: Mr. Speaker, a parliamentary inquiry. On July 31, 1969,(2) a point of order In that case, is it not the rule to was raised concerning the behavior of clear the gallery? visitors in the House gallery. THE SPEAKER: Not necessarily. R OHN OSS M . [J E.] M [Jr., of Cali- MR. RANKIN: To clear them of those fornia]: Mr. Chairman, I make the who are violating the law. point of order that the galleries are not in order and that the applause is in THE SPEAKER: The Chair has just (4) violation of the rules of the House and made that suggestion. must stop. THE CHAIRMAN [Chet Holifield of § 8.5 It is considered within California]: The point of order is well the authority of the Speaker taken. 3. 96 CONG. REC. 2152, 81st Cong. 2d 1. 118 CONG. REC. 4331, 92d Cong. 2d Sess. Sess. 4. Parliamentarian’s Note: In this in 2. 115 CONG. REC. 21634, 91st Cong. stance the Doorkeeper of the House 1st Sess. confiscated the film.

538 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 8

to clear the House galleries taking of photographs of the in the case of disorderly con- House in session. (5) duct. On Jan. 6, 1969,(7) Speaker On Jan. 18, 1972,(6) the fol- John W. McCormack, of Massa- lowing point of order was raised: chusetts, addressed the press gal-

MR. [DURWARD G.] HALL [of Mis- leries: souri]: Mr. Speaker, I demand that the THE SPEAKER: The Chair is troubled gallery be cleared. over the flagrant violation by some of THE SPEAKER: [Carl Albert, of Okla- the news media of the restrictions on homa]: The Chair will not tolerate the taking of pictures during the orga- demonstrations of approval or dis- nization of the House on last Friday. approval in the galleries. All segments of the news media were MR. HALL: Mr. Speaker, I make a thoroughly familiar with the rules that point of order that our guests and taking any pictures—still, moving, TV, those in the galleries are not in order. or tape—are prohibited except during I request that the gallery be cleared. the period when the [flood] lights are THE SPEAKER: The gentleman’s point turned on. is well taken. The gallery will be Some members of the news media cleared who were granted the privilege of attending the opening session of the 91st Controlling Press Galleries Congress and permitted to bring their cameras into the galleries ignored the § 8.6 It is considered within restrictions in complete violation of the the authority of the Speaker, agreement upon which they were ad- in preserving order in the mitted. House galleries, to direct The Chair is calling this matter to each of the press galleries to the attention of the news media gal- report to him about what re- leries and will expect a report from medial actions will be taken each on the action taken by them with respect to the violations of the regula- to prevent infractions of the tions as well as to what provisions House rules regarding the they are making to prevent such violations in the future. 5. See Rule I clause 2, House Rules and Manual § 622 (1973). 7. 115 CONG. REC. 145, 91st Cong. 1st 6. 118 CONG. REC. 92d Con. 2d Sess. Sess.

539 Ch. 6 § 9 DESCHLER’S PRECEDENTS

B. SPEAKER PRO TEMPORE § 9. Introductory announcing requests from the Senate; (13) deciding protocol for This subchapter deals with the joint sessions; (14) answering par- ‘‘Speaker pro tempore,’’ (8) the liamentary inquiries of various meaning of the phrase and the kinds; (15) proceeding to unfinished general nature of the office,(9) the business; (16) putting the question oath and term of office,(10) and the in various situations; (17) quorum procedures involved in appointing counting; (18) and ruling on points ( ) him to office. 11 of order. (19) Throughout, emphasis is placed on the status of the office of 13. 107 CONG. REC. 21453, 87th Cong. Speaker pro tempore and on those 1st Sess., Sept. 26 [legislative day, duties, powers, and functions as- Sept. 25], 1961; 107 CONG. REC. sumed by a Speaker pro tempore 20822, 87th Cong. 1st Sess., Sept. from a Speaker that are peculiar 22, 1961; 107 CONG. REC. 19253, to the office of Speaker pro tem- 87th Cong. 1st Sess., Sept. 13, 1961. pore. The responsibilities and 14. 91 CONG. REC. 1594, 1595, 79th functions undertaken by a Speak- Cong. 1st Sess., Feb. 28, 1945. er pro tempore merely as the oc- 15. 114 CONG. REC. 18330, 18331, 90th cupant of the Chair, and which Cong. 2d Sess., June 24, 1968; 107 are not peculiar to his office, are CONG. REC. 21466, 87th Cong. 1st Sess., Sept. 26 [legislative day, Sept. found more thoroughly described 25], 1961; 107 CONG. REC. 20533, elsewhere in this work. 20534, 87th Cong. 1st Sess., Sept. Examples of responsibilities and 21, 1961; 90 CONG. REC. 3128, 78th functions that are within the Cong. 2d Sess., Mar. 27, 1944. scope of authority of a Speaker 16. 107 CONG. REC. 20533, 20534, 87th pro tempore, but which are not Cong. 1st Sess., Sept. 21, 1961; 104 peculiar to the office, are: an- CONG. REC. 13882, 85th Cong. 2d nouncing a Presidential veto; (12) Sess., July 10, 1958. 17. 115 CONG. REC. 20153, 91st Cong. 8. For previous treatment of the Speak- 1st Sess., July 21, 1969; 109 CONG. er pro tempore see 6 Cannon’s Prece- REC. 12120, 88th Cong. 1st Sess., dents §§ 263–282; 2 Hinds’ Prece- July 2, 1963; 107 CONG. REC. 20537, dents §§ 1377–1418; and references 87th Cong. 1st Sess., Sept. 21, 1961. thereunder. 18. 106 CONG. REC. 11830, 86th Cong. 9. See § 10, infra. 2d Sess., June 3, 1960. 10. See § 11, infra. 19. 104 CONG. REC. 13882, 85th Cong. 11. See §§ 12–14 infra. 2d Sess., July 10, 1958. See also 107 12. 112 CONG. REC. 22411, 89th Cong. CONG. REC. 18242, 18243, 87th 2d Sess., Sept. 13, 1966. Cong. 1st Sess., Sept. 6, 1961; 94

540 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 10

§ 10. Definition and Na- The primary rule involving the ture of Office Speaker pro tempore is Rule I clause 7, House Rules and Manual § 633 (1973). It states: ‘‘He [the The ‘‘Speaker pro tempore’’ (1) is Speaker] shall have the right to the title of the office (1) of the name any Member to perform the Member designated as such by the duties of the Chair, but such sub- ( ) Speaker, 2 or (2) of the Member stitution shall not extend beyond designated by the Speaker and three legislative days: Provided, approved by the House, or (3) of however, That in the case of his the person elected by the House to [the Speaker’s] illness, he may act as and to assume certain of make such appointment for a pe- the duties, powers, and functions riod not exceeding ten days, with of the Speaker during the Speak- the approval of the House at the er’s absence. (3) time the same is made; and in his [the Speaker’s] absence and omis- The Speaker pro tempore sion to make such appointment, should also be distinguished from the House shall proceed to elect a the Chairman or Chairman pro Speaker pro tempore to act during tempore of the Committee of the his absence.’’ Whole. See Ch. 19, infra. The Speaker pro tempore is usually a Member who is a leader CONG. REC. 5065, 80th Cong. 2d in the majority party.(4) A minor- Sess., Apr. 29, 1948. ity party member is designated 1. ‘‘Pro tempore’’ is a Latin phrase Speaker pro tempore only on rare meaning ‘‘for the moment’’ or ‘‘for a ceremonial occasions.(5) time.’’ Parliamentarian’s Note: The Speakers pro tempore are dis- Speaker pro tempore is more usually tinguishable by whether they are referred to in conversation as the designated, designated and ap- ‘‘Speaker pro tem,’’ which is accept- proved, or elected. The kinds of able in conversation, though not the duties, powers, and functions as- official title. ‘‘Pro tem’’ has the same sumed by a Speaker pro tempore meaning as ‘‘pro tempore.’’ depend, more often than not, on 2. Or, on occasions, by a Speaker pro the type of Speaker pro tempore tempore. See §§ 12.3, 12.4, infra. involved.(6) 3. Even though the Clerk sometimes assumes some of the duties, powers, 4. Party Organization generally, see and functions of the Speaker when Ch. 3, supra. the Speaker is not yet elected or is 5. See § 12.7, infra. absent, he is not considered a Speak- 6. See §§ 12.8–12.16 (designated), 13.1, er pro tempore. See § 18, infra, for 13.2 (designated and approved), and treatment of the office of Clerk. 14.8–14.16 (elected), infra.

541 Ch. 6 § 10 DESCHLER’S PRECEDENTS

It should be noted, however, Speaker pro tempore,(11) and, that there are also situations, under recent precedent,(12) to a usually noncontroversial ones, in designated and approved Speaker which actions undertaken by a pro tempore, but not to a des- ( ) Speaker pro tempore are not de- ignated Speaker pro tempore. 13 pendent on the type of Speaker The oath of office as Speaker pro tempore involved. Examples of pro tempore is administered by (14) these actions are: calling the the Speaker if he is present or by a Member chosen by the elect- House to order in the absence of ed,(15) or designated and ap- the Speaker; (7) announcing matters involving actions of the tion or purpose of evasion, and that Speaker; (8) and designating an- I will well and faithfully discharge other Speaker pro tempore. (9) the duties of the office on which I am about to enter. So help me God.’’ 11. See § 11.1, infra. Parliamentarian’s Note: The addi- § 11. Oath of Office; Term tional oath is the same one adminis- of Office tered to Members, since the formal language of it is applicable to any of- The Members’ oath of office (10) fice to which a Member is about to is administered to an elected enter. See 5 USC § 3331. 12. See §§ 11.2, 11.3, infra. 7. See § 12.15 (designated); and the il- 13. For previous treatment of the oath of lustration under § 14.12 (elected), office of the Speaker pro tempore see infra. 1 Hinds’ Precedents § 229, 2 Hinds’ 8. See illustrations under § 12.2 (des- Precedents §§ 1386, 1394; 6 Cannon’s ignated), infra; and 109 CONG. REC. Precedents §§ 274, 280. 25591, 88th Cong. 1st Sess., Dec. 27, Parliamentarian’s Note: For rea- 1963; and 108 CONG. REC. 12705, sons of efficiency a designated 87th Cong. 2d Sess., July 5, 1962 Speaker pro tempore is not adminis- (elected). tered the oath of office as Speaker 9. See illustrations under §§ 14.1 (des- pro tempore, even though upon his ignated); 12.3 (elected), infra. designation he also assumes a new 10. The oath prescribed by statute, 5 office. The elected and the des- USC § 3331, is as follows: ‘‘I, A B, do ignated and approved Speakers pro solemnly swear (or affirm) that I will tempore are administered the oath support and defend the Constitution because they assume not only a new of the United States against all en- office but also new duties, e.g., the emies, foreign and domestic; that I signing, in the place of the Speaker, will bear true faith and allegiance to of enrolled bills and joint resolutions. the same; that I take this obligation 14. See § 11.4, infra. freely, without any mental reserva- 15. See § 11.5, infra.

542 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 11 proved,(16) Speaker pro tempore Oath of Office when the Speaker is absent. The term of office of a Speaker § 11.1 Besides his oath as a pro tempore can be for various Member, an elected Speaker time periods under various cir- pro tempore is also adminis- cumstances. For example, the sub- tered an oath of office as stitution may be: momentary,(17) Speaker pro tempore. for the day,(18) for a future speci- On Nov. 18, 1963,(8) Speaker fied day,(19) for two continuous John W. McCormack, of Massa- days,(20) for two separate days,(1) chusetts, designated Representa- for three legislative days,(2) for the tive Carl Albert, of Oklahoma, balance of a week,(3) for more than Speaker pro tempore while the three days with approval of the Speaker journeyed to Boston upon House,(4) or during the absence of the death of his brother. A resolu- the Speaker.(5) tion was introduced to elect Mr. The term of office does not Albert Speaker pro tempore dur- begin until the chosen Member ing the absence of the Speaker. has accepted the office.(6) The The resolution was agreed to and term of office ordinarily ends Mr. Albert took the oath of office when the Speaker resumes the as Speaker pro tempore. Chair.(7) § 11.2 Besides his oath as a 16. See § 11.6, infra. Member, a designated Speak- 17. See § 11.7, infra. er pro tempore who is ap- 18. See § 11.8, infra. proved by the House is ad- 19. See § 11.9, infra. ministered the oath of office 20. See § 11.10, infra. as Speaker pro tempore, ac- 1. See § 11.11, infra. cording to recent precedent. 2. See § 11.12, infra, and Rule I clause (9) 7, House Rules and Manual § 633 On Feb. 24, 1949, a resolution (1973). was introduced indicating the ap- 3. See § 11.13, infra. proval of the House of the des- 4. See § 11.14, infra; Rule I clause 7, ignation of Representative John House Rules and Manual § 633 W. McCormack, of Massachusetts, (1973). as Speaker pro tempore. Upon 5. See § 11.15, infra; Rule I clause 7, House Rules and Manual § 633 8. 109 CONG. REC. 22015, 88th Cong. (1973). 1st Sess. 6. See § 11.16, infra. 9. 95 CONG. REC. 1489, 81st Cong. 1st 7. See § 11.14, infra. Sess.

543 Ch. 6 § 11 DESCHLER’S PRECEDENTS agreement to the resolution, Rep- essary for him to be absent for a resentative McCormack was ad- few days on important business. A ministered the oath of office as resolution was introduced to elect Speaker pro tempore. Representative John W. McCor- mack, of Massachusetts, Speaker § 11.3 A designated Speaker pro tempore. Upon passage of the pro tempore who is approved resolution, the Speaker adminis- by the House has not always tered the oath to Mr. McCormack been administered the oath as Speaker pro tempore.(13) of office as Speaker pro tempore. Administration of Oath by On Apr. 7, 1930,(10) Speaker Member Nicholas Longworth, of Ohio, des- § 11.5 An elected Speaker pro ignated a Speaker pro tempore and the House approved the des- tempore designates a Mem- ignation. No additional oath of of- ber to administer the oath to fice was administered, according him in the absence of the to the Congressional Record. Speaker. On Apr. 2, 1940 (14) Speaker Administration of Oath by William B. Bankhead, of Ala- Speaker bama, invited an election of a Speaker pro tempore. On the day § 11.4 An elected Speaker pro next following the election of Rep- tempore is administered his resentative Sam Rayburn, of oath of office by the Speaker Texas, as Speaker pro tempore, in when the Speaker is present. the absence of the Speaker, Mr. On Aug. 15, 1941,(11) Speaker Rayburn asked Representative Sam Rayburn, of Texas, invited John W. McCormack, of Massa- the election of a Speaker pro tem- chusetts, to administer to him the pore and subsequently adminis- oath of office: tered him the oath of office. THE SPEAKER PRO TEMPORE: ... ( ) On Mar. 22, 1949, 12 Speaker The present occupant of the chair re- Rayburn stated that it was nec- 13. Parliamentarian’s Note: The Con- 10. 72 CONG. REC. 6661, 71st Cong. 2d gressional Record does not explicitly Sess. refer to the Speaker’s administering 11. 87 CONG. REC. 7194, 7195, 77th the oath, but such did in fact take Cong. 1st Sess. place. 12. 95 CONG. REC. 2968, 81st Cong. 1st 14. 86 CONG. REC. 3925, 76th Cong. 3d Sess. Sess.

544 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 11

quests the gentleman from Massachu- approval of the House of the des- setts [Mr. McCormack] to administer the oath of office as Speaker pro tem- ignation of Hon. John W. McCor- pore. mack, of Massachusetts, as Speak- Mr. McCormack appeared at the well er pro tempore. Once approved of the House and administered the the Speaker pro tempore des- oath. . . . ignated a Member to administer ( ) On Jan. 10, 1966, 15 Speaker him the oath of office. John W. McCormack, of Massa- chusetts, designated Representa- Terms of Office tive Carl Albert, of Oklahoma, Speaker pro tempore while the § 11.7 A term of office of a Speaker journeyed to Boston upon Speaker pro tempore may be the death of his brother. A resolution was introduced to elect Mr. only momentary. Albert Speaker pro tempore dur- On Apr. 15, 1958,(18) designated ing the absence of the Speaker. Speaker pro tempore John W. The resolution was agreed to and McCormack, of Massachusetts, Mr. Albert asked the Dean of the himself designated Representative House, Representative Emanuel Carl Albert, of Oklahoma, as Celler, of New York, to administer Speaker pro tempore during the the oath of office.(16) election of Mr. McCormack as § 11.6 A designated Speaker Speaker pro tempore during the pro tempore who is approved absence of Speaker Sam Rayburn, by the House and who is ad- of Texas. ministered the oath of office On Nov. 18, 1963,(19) designated as Speaker pro tempore may Speaker pro tempore Albert, who designate the Member to ad- 18. 104 CONG. REC. 6436, 85th Cong. 2d minister him the oath of of- Sess. fice. 19. 109 CONG. REC. 22015, 88th Cong. On Feb. 24, 1949,(17) a resolu- 1st Sess. tion was introduced indicating the Parliamentarian’s Note: On Nov. 17, 1963, Speaker McCormack’s 15. 112 CONG. REC. 5, 6, 89th Cong. 2d brother died in Boston. On Nov. 18 Sess. Speaker McCormack in writing des- 16. Parliamentarian’s Note: The Con- ignated the Honorable Carl Albert to gressional Record does not explicitly act as Speaker pro tempore for the refer to Mr. Albert’s designation of day. The Speaker remained in Bos- Mr. Celler to administer the oath, ton until Nov. 21. Although the Con- but such did in fact take place. gressional Record does not explicitly 17. 95 CONG. REC. 1489, 81st Cong. 1st refer to it, the momentary designa- Sess. tion of Hale Boggs (La.) as Speaker

545 Ch. 6 § 11 DESCHLER’S PRECEDENTS was about to be elected as Speak- sence of the Speaker due to the death er pro tempore, himself des- of his beloved brother, and at his request, I offer a resolution and ask for ignated another Speaker pro tem- its immediate consideration. pore during the election. The Clerk read the resolution, as fol- On Jan. 10, 1966,(20) Speaker lows: John W. McCormack, of Massa- chusetts, designated Representa- H. RES. 627 tive Carl Albert, of Oklahoma, as Resolved, That Hon. Carl Albert, a Speaker pro tempore for the day Representative from the State of ( ) Oklahoma, be, and he is hereby, in writing. 21 During Mr. Albert’s elected Speaker pro tempore during election as Speaker pro tempore, the absence of the Speaker. he designated another Speaker Resolved, That the President and the Senate be notified by the Clerk pro tempore to preside over the of the election of the Honorable Carl House momentarily during the Albert as Speaker pro tempore dur- election: ing the absence of the Speaker.

THE SPEAKER PRO TEMPORE: The The resolution was agreed to. Chair requests the gentleman from A motion to reconsider was laid on Louisiana [Mr. Boggs] to assume the the table. chair. Mr. Albert assumed the chair as Mr. Boggs assumed the chair as Speaker pro tempore and Mr. Celler Speaker pro tempore. administered the oath of office. THE SPEAKER PRO TEMPORE (Mr. On Sept. 27 (legislative day, [Hale] Boggs): The Chair recognizes Sept. 25), 1961,(1) the Speaker pro the gentleman from New York [Mr. Keogh]. tempore John W. McCormack, of MR. [EUGENE J.] KEOGH: Mr. Speak- Massachusetts, momentarily des- er, on account of the unavoidable ab- ignated Representative Carl Al- bert, of Oklahoma, as Speaker pro pro tempore during the election of tempore during the comments of Mr. Albert as Speaker pro tempore Mr. McCormack on the accom- during the absence of the Speaker plishments of the session. did in fact take place. Immediately upon the laying on the table of a mo- § 11.8 A term of office of a tion to reconsider the resolution Speaker pro tempore may be electing Mr. Albert, Mr. Boggs left the Chair and Mr. Albert resumed it. for the day. ( ) 20. 112 CONG. REC. 5, 6, 89th Cong. 2d On Nov. 25, 1963, 2 Speaker Sess. John W. McCormack, of Massa- 21. Parliamentarian’s Note: Since the duration of the Speaker’s absence 1. 107 CONG. REC. 21545, 87th Cong. was uncertain it was considered es- 1st Sess. sential to elect a Speaker pro tem- 2. 109 CONG. REC. 22694, 88th Cong. pore. 1st Sess.

546 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 11 chusetts, designated a Speaker Speaker Sam Rayburn, of Texas, pro tempore for the day. for a specific two-day period. The Speaker pro tempore laid before The Speaker pro tempore laid before the House the following communica- the House the following communication from the Speaker: tion from The Speaker: THE SPEAKER’S ROOM, MAY 7, 1956. November 25, 1963. I hereby designate the Honorable I hereby designate the Honorable John W. McCormack to act as Jim Wright to act as Speaker pro Speaker pro tempore on May 7 and tempore today. 8, 1956. JOHN W. MCCORMACK, SAM RAYBURN, Speaker. Speaker.

§ 11.9 A Speaker pro tempore § 11.11 The term of office of a may be designated for one Speaker pro tempore may be specific day in the future. for two separate days in the On Jan. 19, 1965,(3) Speaker future. John W. McCormack, of Massa- On Oct. 29, 1942,(5) Speaker chusetts, designated Representa- Sam Rayburn, of Texas, des- tive Emanuel Celler, of New York, ignated a Speaker pro tempore to to act as Speaker pro tempore serve as Speaker on two specified when the House convened on Jan. days during intermittent adjourn- 20, 1965, preceding the inaugural ment of the House. ceremonies: MR. [JERE] COOPER [of Tennessee]: Mr. Speaker, I ask unanimous consent THE SPEAKER: The Chair designates that when the House adjourns today it the Honorable Emanuel Celler, of New stand adjourned until Monday next, York, to act as Speaker pro tempore to- that when the House adjourns on Mon- morrow, January 20, 1965. day next it stand adjourned until Thursday, November 5, and that when § 11.10 The term of office of a the House adjourns on Thursday, No- Speaker pro tempore may be vember 5, it stand adjourned until the for a specified and contin- following Monday, November 9. uous two day period. THE SPEAKER: Without objection, it is so ordered. On May 7, 1956,(4) a Speaker There was no objection. . . . pro tempore was designated by THE SPEAKER: The Chair designates the gentleman from Tennessee [Mr. 3. 111 CONG. REC. 946, 89th Cong. 1st Cooper] to act as Speaker pro tempore Sess. 4. 102 CONG. REC. 7588, 84th Cong. 2d 5. 88 CONG. REC. 8688–90, 77th Cong. Sess. 2d Sess.

547 Ch. 6 § 11 DESCHLER’S PRECEDENTS

on Monday, November 2, and Thurs- On Apr. 7, 1930,(8) Speaker day, November 5. Nicholas Longworth, of Ohio, made the following announce- § 11.12 The term of office of a ment: Speaker pro tempore may be The Chair designates the gentleman for three legislative days. from Connecticut [Mr. Tilson] to act as On Mar. 11, 1940,(6) Speaker Speaker pro tempore for 3 days, and William B. Bankhead, of Ala- the Chair asks unanimous consent that thereafter, until the return of the bama, designated a Speaker pro Chair, which will in all probability be tempore for a period of three legis- on Monday, the gentleman from Con- lative days in the event of the necticut may be permitted to continue Speaker’s absence: in that office. Is there objection? There was no objection. THE SPEAKER: In the event of the absence of The Speaker for the next 3 § 11.15 A term of office of a legislative days, the Chair designates Speaker pro tempore may be the gentleman from Texas [Mr. Ray- burn] as the Speaker pro tempore. for the duration of the absence of The Speaker. § 11.13 The term of office of a On Apr. 15, 1958,(9) a resolution Speaker pro tempore may be was offered electing Representa- for the balance of a week. tive John W. McCormack of Mas- On Thursday, Apr. 29, 1948,(7) sachusetts, Speaker pro tempore Speaker Joseph W. Martin, Jr., of during the absence of Speaker Massachusetts, made the fol- Sam Rayburn, of Texas. lowing announcement: § 11.16 The Speaker, after des- THE SPEAKER: The Chair wishes to ignating a Member as Speak- state that he appoints as Speaker pro er pro tempore, may with- tempore for the balance of the week draw the name of that Mem- the Honorable Charles A. Halleck, of Indiana. ber before his term begins and designate another in his § 11.14 The term of office of a place. Speaker pro tempore may be On Apr. 2, 1947,(10) Speaker Jo- for more than three days, seph W. Martin, Jr., of Massachu- where the House gives its approval. 8. 72 CONG. REC. 6661, 71st Cong. 2d Sess. See also § 12.1, infra. 6. 86 CONG. REC. 2665, 76th Cong. 3d 9. 104 CONG. REC. 6436, 85th Cong. 2d Sess. Sess. 7. 94 CONG. REC. 5036, 80th Cong. 2d 10. 93 CONG. REC. 3075, 80th Cong. 1st Sess. Sess.

548 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12 setts, made the following an- either in open House (14) or infor- nouncement: mally and off the record. The des-

THE SPEAKER: The Chair wishes to ignation must be in formal writing ( ) announce that the gentleman from when the Speaker 15 (or Speaker Michigan [Mr. Michener], whom he has pro tempore) (16) cannot be present just designated as Speaker pro tem- at the beginning of a day’s ses- pore on Thursday and Monday next, sion. has illness in his family which may preclude him from accepting the ap- The Speaker may, likewise, pointment; therefore, the Chair with- withdraw a designation of some- ( ) draws the designation and designates one as Speaker pro tempore. 17 the gentleman from Indiana [Mr. The designated Speaker pro Halleck] to act as Speaker pro tempore tempore is characteristically a on Thursday and Monday next. ‘‘stand-in’’ Speaker. He must ordinarily seek the consent of the House before carrying out the § 12. Designation of Speak- more sensitive activities that a er Pro Tempore Speaker would handle without the House’s consent and as a matter The appointment of a Speaker of course.(18) pro tempore by simple designa- Examples of the functions as- tion—that is, without formal sumed by a designated Speaker House approval—is permitted for pro tempore from the Speaker in- periods that do not extend beyond clude: administering the oath of three legislative days.(11) The office to a Member-elect with the ( ) Speaker 12 (or Speaker pro tem- consent of the House; (19) appoint- pore) (13) may orally designate a ing conferees with the unanimous Member as Speaker pro tempore consent of the House; (20) spread- ing upon the Journal a veto mes- 11. Rule I clause 7, House Rules and Manual § 633 (1973). sage from the President with the (1) 12. See § 12.1, infra. consent of the House; referring 13. See § 12.3, infra. 14. See illustrations under §§ 12.1, 12.3, Parliamentarian’s Note: Simple infra. designation of a Speaker pro tem- 15. See § 12.2, infra. pore is the Speaker’s right under Rule I clause 7 of the House Rules 16. See § 12.4, infra. and Manual. From the custom and 17. See § 12.6, infra. the practice of the House, it is pre- 18. See §§ 12.8-12.14, infra. sumed that a Speaker pro tempore 19. See § 12.8, infra. assumes this right upon entering the 20. See §§ 12.9, 12.10, infra. office. 1. See § 12.11, infra.

549 Ch. 6 § 12 DESCHLER’S PRECEDENTS

Presidential messages to commit- for the purpose of rest and recreation tees with the unanimous consent for a few days. . . . The Chair designates the gentleman (2) of the House; appointing Mem- from Connecticut [Mr. Tilson] to act as bers to attend funerals by direc- Speaker pro tempore for 3 days, and tion of the Speaker and with the the Chair asks unanimous consent that unanimous consent of the thereafter, until the return of the ( ) Chair, which will in all probability be House; 3 and calling the House to on Monday, the gentleman from Con- order in the absence of the Speak- necticut may be permitted to continue er.(4) in that office. Is there objection? There was no objection. Normally, but not always, it is MR. [BERTRAND H.] SNELL [of New the designated Speaker pro tem- York]: Mr. Speaker, I offer a resolution pore who is elected Speaker pro and ask its immediate consideration. tempore during the absence of the THE SPEAKER: The gentleman from New York [Mr. Snell] offers a resolu- Speaker when certain functions tion, which the Clerk will report. require that the Speaker pro tem- The Clerk read as follows: pore be elected, and not simply Resolved, That the designation of designated.(5) Hon. John Q. Tilson, a Representa- tive from the State of Connecticut, as Speaker pro tempore be approved by the House and that the President Oral Designation by Speaker and the Senate be notified thereof. THE SPEAKER: The question is on § 12.1 A Speaker may orally agreeing to the resolution. designate a Speaker pro tem- The resolution was unanimously pore. agreed to. (7) On Apr. 7, 1930,(6) Speaker On Mar. 11, 1940, Speaker William B. Bankhead, of Ala- Nicholas Longworth, of Ohio, bama, made the following an- made the following announce- nouncement: ment: THE SPEAKER: In the event of the ab- THE SPEAKER: The Chair desires to sence of The Speaker for the next 3 prefer a request for unanimous con- legislative days, the Chair designates sent. The Chair has in mind this after- the gentleman from Texas [Mr. Ray- noon to go to southern climes, frankly, burn] as the Speaker pro tempore. On Apr. 29, 1948,(8) Speaker Jo- 2. See §§ 12.12, 12.13, infra. seph W. Martin, Jr., of Massachu- 3. See § 12.14, infra. 4. See §§ 12.15, 12.16, infra. 7. 86 CONG. REC. 2665, 76th Cong. 3d 5. See § 12.17, infra. Sess. 6. 72 CONG. REC. 6661, 71st Cong. 2d 8. 94 CONG. REC. 5036, 80th Cong. 2d Sess. Sess.

550 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12 setts, made the following an- I hereby designate the Honorable John W. McCormack to act as nouncement: Speaker pro tempore today. THE SPEAKER: The Chair wishes to SAM RAYBURN, Speaker. state that he appoints as Speaker pro tempore for the balance of the week On July 5, 1962,(11) the fol- the Honorable Charles A. Halleck, of lowing action took place in the Indiana House: (9) On Sept. 14, 1962, Speaker THE SPEAKER PRO TEMPORE: (Mr. Al- John W. McCormack, of Massa- bert) laid before the House the fol- chusetts, made the following an- lowing communication from [Speaker nouncement: McCormack], which was read:

THE SPEAKER: The Chair will be ab- I hereby designate the Honorable Carl Albert to act as Speaker pro sent on Monday and Tuesday of next tempore today. week and designates as Speaker pro JOHN W. MCCORMACK, tempore on Monday and Tuesday the Speaker. gentleman from Oklahoma, Mr. Albert. On Dec. 27, 1963,(12) Speaker Written Designation by Speak- John W. McCormack, of Massa- er chusetts, was absent at the beginning of the session and designated § 12.2 A Speaker who is absent in writing Carl Albert, of Okla- at the beginning of a day’s homa, to be Speaker pro tempore session may designate a for the day: Speaker pro tempore in for- The House met at 12 o’clock noon mal writing. and was called to order by The Speak- er pro tempore (Mr. Albert). On June 1, 1961,(10) the pro- THE SPEAKER PRO TEMPORE (Mr. Al- ceedings below took place in the bert): The Clerk will read the following House: communication. The House met at 12 o’clock noon The Clerk read as follows: and was called to order by the Speaker THE SPEAKER’S ROOMS pro tempore, Mr. McCormack. THE SPEAKER PRO TEMPORE: The I hereby designate the Honorable Clerk will read the following commu- Carl Albert to act as Speaker pro tempore today. nication [from Speaker Rayburn]. JOHN W. MCCORMACK, The Clerk read as follows: Speaker.

9. 108 CONG. REC. 19516, 87th Cong. 11. 108 CONG. REC. 12703, 87th Cong. 2d Sess. 2d Sess. 10. 107 CONG. REC. 9330, 87th Cong. 1st 12. 109 CONG. REC. 25591, 88th Cong. Sess. 1st Sess.

551 Ch. 6 § 12 DESCHLER’S PRECEDENTS

Oral Designation by Speaker THE SPEAKER’S ROOMS, House of Representatives of the Pro Tempore United States, Washington, D.C. § 12.3 A Speaker pro tempore I hereby designate Hon. William B. Bankhead to act as Speaker pro may orally designate another tempore today. Speaker pro tempore. HENRY T. RAINEY, Speaker pro tempore. On Sept. 27 (legislative day, Mr. Bankhead took the Chair as (13) Sept. 25), 1961, elected Speaker Speaker pro tempore.(15) pro tempore John W. McCormack, On Dec. 26, 1940,(16) elected of Massachusetts, orally des- Speaker pro tempore William P. ignated Representative Carl Al- Cole, Jr., of Maryland, designated bert, of Oklahoma, as Speaker pro in writing another Speaker pro tempore during Mr. McCormack’s tempore to serve for the day. comments on the first session of The House met at 12 o’clock noon, the 87th Congress. and was called to order by The Speak- er pro tempore, Mr. Ramspeck. Written Designation by a The Clerk read the following commu- Speaker Pro Tempore nication from The Speaker pro tempore, Mr. Cole of Maryland: § 12.4 If a Speaker pro tempore THE SPEAKER’S ROOM, is to be absent at the begin- The House of Representatives, United States, Washington, D.C. ning of a day’s session, he I hereby designate Hon. Robert may exercise his right to des- Ramspeck to act as Speaker pro tem- ignate another Speaker pro pore today. tempore, but only in writing. ( ) 15. Parliamentarian’s Note: On June 13, On June 20, 1932, 14 the elected 1932, upon being advised by the doc- Speaker pro tempore Henry T. tor that The Speaker would not be Rainey, of Illinois, designated in able to attend for several days, Mr. writing a Speaker pro tempore for Crisp (Ga.) offered a resolution electing Mr. Rainey as Speaker pro tem- the day. pore. Mr. Crisp administered the The House was called to order at 12 oath to Mr. Rainey as Speaker pro o’clock noon by the Clerk of the House tempore. Mr. Rainey under the of Representatives. terms of the resolution electing him The Clerk read the following commu- served as Speaker pro tempore until nication from the Speaker pro tempore June 21 when The Speaker returned to his duties. On June 18, however, [Mr. Rainey]. Mr. Rainey, finding it necessary to be absent on June 20, designated 13. 107 CONG. REC. 21545, 87th Cong. Mr. Bankhead (Ala.) as Speaker pro 1st Sess. tempore. 14. 75 CONG. REC. 13502, 72d Cong. 1st 16. 86 CONG. REC. 14000, 76th Cong. 3d Sess. Sess.

552 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12

WILLIAM P. COLE, JR., Michigan [Mr. Michener], whom he has Speaker pro tempore. just designated as Speaker pro tempore on Thursday and Monday next, Reasons for Designation has illness in his family which may preclude him from accepting the ap- § 12.5 A Speaker may des- pointment; therefore, the Chair with- ignate a Speaker pro tem- draws that designation and designates pore for various reasons, in- the gentleman from Indiana [Mr. cluding illness. Halleck] to act as Speaker pro tempore on Thursday and Monday next. On Aug. 31, 1961,(17) Speaker Sam Rayburn, of Texas, des- Designation of Minority Party ignated in writing Representative Member Carl Albert, of Oklahoma, to act as Speaker pro tempore for the § 12.7 On rare ceremonial oc- day. Mr. Rayburn was leaving to casions, a Speaker may des- go to his home because he was ignate a member of the mi- ill.(18) nority party as Speaker pro Withdrawal of Designation tempore. On Jan. 31, 1951,(1) Speaker § 12.6 The designation of a Sam Rayburn, of Texas, was Speaker pro tempore may be praised for his record of service as withdrawn. Speaker of the House. At that On Apr. 2, 1947,(19) Speaker Jo- time, he requested a member of seph W. Martin, Jr., of Massachu- the minority party, Mr. Joseph W. setts, made the following an- Martin, Jr., of Massachusetts, to nouncement: take the Chair: THE SPEAKER: The Chair wishes to announce that the gentleman from THE SPEAKER: The Chair will ask the gentleman from Massachusetts 17. 107 CONG. REC. 17765, 17766, 87th [Mr. Martin] to kindly take the chair Cong. 1st Sess. at this time. 18. Parliamentarian’s Note: Speaker Mr. Martin assumed the Chair. Rayburn last presided over the House on Aug. 30, 1961. On Nov. 16, Duties, Powers, and Functions 1961, he died in Bonham, Tex. For other examples of the reasons § 12.8 A designated Speaker for designating a Speaker pro tem- pro tempore, in the absence pore, see §§ 12.1, supra, and 12.7, of The Speaker, may admin- infra. 19. 93 CONG. REC. 3075, 80th Cong. 1st 1. 97 CONG. REC. 778, 82d Cong. 1st Sess. Sess.

553 Ch. 6 § 12 DESCHLER’S PRECEDENTS

ister to a Member-elect his to take from the Speaker’s desk the bill oath of office. (S. 1094) to amend the Bretton Woods Agreements Act, with House amend- ( ) On Mar. 11, 1940, 2 Speaker ment thereto, insist on the House William B. Bankhead, of Ala- amendment, and agree to the con- bama, orally designated Rep- ference requested by the Senate. resentative Sam Rayburn, of The Clerk read the title of the bill. Texas, as Speaker pro tempore in THE SPEAKER PRO TEMPORE: Is there the event of his absence for the objection to the request of the gen- ensuing three legislative days. On tleman from Kentucky? Mar. 12, 1940,(3) in the absence of There was no objection. The Speaker, Speaker pro tem- THE SPEAKER PRO TEMPORE: With- pore Rayburn administered to a out objection, the Chair appoints the Member-elect his oath of office by following conferees: Messrs. Spence, unanimous consent of the House: Brown of Georgia, Patman, Rains, Kilburn, Widnall, and Hiestand. THE SPEAKER PRO TEMPORE: The present occupant of the chair will ad- There was no objection. minister the oath of office to the Mem- On Oct. 9, 1969,(5) the des- ber-elect if there is no objection. ignated Speaker pro tempore ap- There being no objection [the Mem- ber-elect] appeared at the bar of the pointed conferees with the unani- House and took the oath of office. mous consent of the House. The proceedings were as follows: § 12.9 A designated Speaker pro tempore is authorized to MR. [ROBERT E.] JONES of Alabama: Mr. Speaker, I ask unanimous consent appoint conferees only with to take from The Speaker’s table the the unanimous consent of bill (H.R. 4148) to amend the Federal the House. Water Pollution Control Act, as On May 28, 1959,(4) Speaker pro amended, and for other purposes, with tempore John W. McCormack, of Senate amendments thereto, disagree Massachusetts, with the unani- to the Senate amendments, and agree mous consent of the House ap- to the conference asked by the Senate. pointed conferees. The pro- THE SPEAKER PRO TEMPORE [Rich- ard Bolling, of Missouri]: Is there ob- ceedings were as follows: jection to the request of the gentleman MR. [BRENT] SPENCE [of Kentucky]: from Alabama? The Chair hears none, Mr. Speaker, I ask unanimous consent and, without objection, appoints the following conferees: Messrs. Blatnik, 2. 86 CONG. REC. 2665, 76th Cong. 3d Jones of Alabama, Wright, Fallon, Sess. Cramer, Harsha, and Grover. 3. 86 CONG. REC. 2724, 76th Cong. 3d There was no objection. Sess. 4. 105 CONG. REC. 9334, 86th Cong. 1st 5. 115 CONG. REC. 29346, 91st Cong. Sess. 1st Sess.

554 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12

On July 8, 1970,(6) The Speaker the following conferees: Messrs. Stag- pro tempore, Hale Boggs, of Lou- gers, Jarman, Rogers of Florida, Satterfield, Springer, Nelsen, and isiana, appointed conferees by Carter. unanimous consent of the House. There was no objection. MR. [JOSEPH L.] EVINS of Tennessee: Mr. Speaker, I ask unanimous consent § 12.10 A designated Speaker to take from The Speaker’s table the pro tempore is authorized to bill (H.R. 17548) . . . with Senate appoint additional conferees amendments thereto, disagree to the on a bill only with unani- Senate amendments, and agree to the conference asked by the Senate. . . . mous consent of the House. ( ) THE SPEAKER PRO TEMPORE: Is there On Apr. 29, 1948, 8 unanimous objection to the request of the gen- consent was requested to author- tleman from Tennessee? The Chair ize the designated Speaker pro hears none, and, without objection, ap- tempore, Charles A. Halleck, of points the following conferees: Messrs. Evins of Tennessee, Boland, Shipley, Indiana, to appoint additional con- Giaimo, Marsh, Pryor of Arkansas, ferees on a bill. Without objection Mahon, Jonas, Talcott, McDade, Del the designated Speaker pro tem- Clawson, and Bow. pore appointed additional con- There was no objection. ferees. (7) On Oct. 8, 1970, Speaker pro MR. [PAUL W.] SHAFER [of Michigan]: tempore Charles M. Price, of Illi- Mr. Speaker, I ask unanimous consent nois, appointed conferees with the that The Speaker pro tempore be au- unanimous consent of the House. thorized to appoint two additional conferees on the bill (S. 1641) to establish MR. [PAUL G.] ROGERS of Florida: the Women’s Army Corps in the reg- Mr. Speaker, I ask unanimous consent ular Army, to authorize the enlistment to take from The Speaker’s table the and appointment of women in the reg- bill (H.R. 18583) to amend the Public ular Army and Marine Corps and the Health Service Act . . . with Senate Naval and Marine Corps Reserve, and amendments thereto, disagree to the for other purposes. Senate amendments, and agree to the THE SPEAKER PRO TEMPORE: Is there conference asked by the Senate. objection to the request of the gen- THE SPEAKER PRO TEMPORE: Is there tleman from Michigan? [After a pause.] objection to the request of the gen- The Chair hears none, and, without ob- tleman from Florida? The Chair hears jection, appoints the gentleman from none, and, without objection, appoints New York [Mr. Andrews] and the gentleman from Texas [Mr. Johnson]. 6. 116 CONG. REC. 23141, 91st Cong. 2d There was no objection. Sess. 7. 116 CONG. REC. 35866, 35867, 91st 8. 94 CONG. REC. 5066, 80th Cong. 2d Cong. 2d Sess. Sess.

555 Ch. 6 § 12 DESCHLER’S PRECEDENTS

THE SPEAKER PRO TEMPORE: The On Aug. 31, 1967,(10) Speaker Clerk will notify the Senate thereof. pro tempore Carl Albert, of Okla- § 12.11 A designated Speaker homa, referred a Presidential pro tempore may order message to committee with unanimous consent of the House: spread upon the Journal the veto message of a President. The Speaker pro tempore (Mr. Al- bert) laid before the House the fol- (9) On Sept. 13, 1966, Speaker lowing message from the President of pro tempore Hale Boggs, of Lou- the United States, which was read, as isiana, ordered a veto message of follows: the President spread upon the To the Congress of the United States: Journal with the unanimous con- I am pleased to transmit the an- sent of the House. nual report of the Office of Alien Property, Department of Justice, for The Speaker pro tempore laid before the fiscal Year ended June 30, 1966, the House the following veto message in accordance with section 6 of the from the President of the United Trading With the Enemy Act. States: LYNDON B. JOHNSON, The White House, To the House of Representatives: August 31, 1967. . . . In returning this measure, I THE SPEAKER PRO TEMPORE (Mr. Al- do so in the hope that the Congress will adopt the insurance proposals I bert): Without objection, the message, submitted earlier. Such a measure together with the accompanying pa- would be fiscally responsible. It pers, is referred to the Committee on would be consistent with the wage- Interstate and Foreign Commerce. price guide posts. I would be proud There was no objection. to sign it. LYNDON B. JOHNSON, The White House, § 12.13 A designated Speaker September 12, 1966. pro tempore refers a Presi- THE SPEAKER PRO TEMPORE: With- dential message to com- out objection, the objections of the mittee and orders it printed President will be spread at large upon (sometimes with illustra- the Journal. There was no objection. tions) only with the unanimous consent of the House. § 12.12 A designated Speaker On Sept. 8, 1966,(11) Speaker pro tempore refers a Presi- pro tempore Hale Boggs, of Lou- dential message to com- isiana, laid before the House a mittee only with unanimous consent of the House. 10. 113 CONG. REC. 24843, 24844, 90th Cong 1st Sess. 9. 112 CONG. REC. 22411, 89th Cong. 11. 112 CONG. REC. 22049–52, 89th 2d Sess. Cong. 2d Sess.

556 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12 message from the President and, House to attend the funeral of without objection, referred the President John F. Kennedy, fol- message to a committee and or- lowing the directions of the dered it printed. Speaker and with the unanimous On Apr. 21, 1970,(12) Speaker consent of the House. pro tempore Robert O. Tiernan, of Rhode Island, referred a Presi- § 12.15 A designated Speaker dential message to committee and pro tempore calls the House ordered it printed with the unani- to order in the absence of the mous consent of the House. Speaker. ( ) On Jan. 24, 1966,(13) Speaker On June 1, 1961, 15 Representa- John W. McCormack, of Massa- tive John W. McCormack, of Mas- chusetts, laid before the House a sachusetts, having been des- message from the President. ignated in writing as Speaker pro Speaker McCormack having left tempore by Speaker Sam Ray- the Chair during the reading of burn, of Texas, called the House the message from the President, to order in the absence of the the designated Speaker pro tem- Speaker. pore referred the message to com- § 12.16 A designated Speaker mittee and ordered it printed, pro tempore calls the House with illustrations. to order at the beginning of a § 12.14 A designated Speaker session of Congress in the ab- pro tempore appoints Mem- sence of the Speaker. bers to attend a funeral fol- On Jan. 10, 1966,(16) Speaker lowing the directions of the John W. McCormack, of Massa- Speaker and with the unani- chusetts, being absent because of mous consent of the House. the death of his brother,(17) designated Speaker pro tempore Carl On Nov. 25, 1963,(14) designated

Speaker pro tempore James C. 15. 107 CONG. REC. 9330, 87th Cong. 1st Wright, Jr., of Texas, appointed a Sess. committee of 100 Members of the 16. 112 CONG. REC. 5, 89th Cong. 2d Sess. 12. 116 CONG. REC. 12581, 91st Cong. 2d 17. Parliamentarian’s Note: Speaker Sess. John W. McCormack was not in 13 112 CONG. REC. 909–17, 89th Cong. Washington for the convening of the 2d Sess. second session of the 89th Congress 14. 109 CONG. REC. 22695, 22696, 88th because of the death of his brother, Cong. 1st Sess. Donald J. McCormack.

557 Ch. 6 § 12 DESCHLER’S PRECEDENTS

Albert, of Oklahoma, called the AUGUST 31, 1961. House to order at the beginning of THE SPEAKER’S ROOMS, House of Representatives, the session of the Congress, and Washington, D.C. laid before the House the fol- I hereby designate Hon. Carl Albert lowing communication from the to act as Speaker pro tempore today. Speaker: SAM RAYBURN, THE SPEAKER’S ROOMS, Speaker. U.S. House of Representatives, * * * * * Washington, D.C. MR. [FRANCIS E.] WALTER [of Penn- I hereby designate the Honorable sylvania]: Mr. Speaker, I send to the Carl Albert to act as Speaker pro tem- Speaker’s table a resolution (H. Res. pore today. 445) and ask for its immediate consid- JOHN W. MCCORMACK, eration. Speaker. The Clerk read as follows:

Time for Election of Designee H. RES. 445 Resolved, That Hon. John W. § 12.17 A designated Speaker McCormack, a Representative from the State of Massachusetts, be, and pro tempore is elected by the he is hereby, elected Speaker pro House as Speaker pro tem- tempore during the absence of the pore during the absence of Speaker. Resolved, That the President and the Speaker when the need the Senate be notified by the Clerk arises for the performance of of the election of Hon. John W. McCormack as Speaker pro tempore certain functions. during the absence of the Speaker. ( ) On Aug. 31, 1961, 18 the fol- The resolution was agreed to. lowing actions took place in the A motion to reconsider was laid on House: the table. Hon. John W. McCormack assumed The House met at 12 o’clock noon the Chair and the oath of office was and was called to order by the Speaker administered to him by Mr. Walter.(19) pro tempore (Mr. [Carl] Albert [of Oklahoma]). 19. Parliamentarian’s Note: Speaker Sam Rayburn last presided over the THE SPEAKER PRO TEMPORE: The House on Wednesday, Aug. 30, 1961, Chair lays before the House a commu- during a call of Calendar Wednesday nication which the Clerk will read. business. Because of illness, he de- The Clerk read as follows: parted for his home in Bonham, Tex., on the morning of Aug. 31. 18. 107 CONG. REC. 17765, 17766, 87th Speaker Rayburn died there on Nov. Cong. 1st Sess. 16, 1961.

558 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 12

On Nov. 18, 1963,(1) Speaker leged resolution and ask for its imme- John W. McCormack, of Massa- diate consideration. chusetts, in writing designated The Clerk read the resolution [H. Res. 567] as follows: Carl Albert, of Oklahoma, to act as Speaker pro tempore for the Resolved, That Honorable Carl Al- ( ) bert, a Representative from the day. 2 After laying the designa- State of Oklahoma, be, and he is tion before the House, Mr. Albert hereby elected Speaker pro tempore designated another Speaker pro during the absence of the Speaker. Resolved, That the President and tempore to serve during his elec- the Senate be notified by the Clerk tion as Speaker pro tempore in of the election of Honorable Carl Al- (3) bert as Speaker pro tempore during the absence of the Speaker. the absence of the Speaker. The House met at 12 o’clock noon The resolution was agreed to. and was called to order by the Speaker The motion to reconsider was laid on pro tempore, Mr. Albert. the table. The Speaker pro tempore laid before the House the following communica- Mr. Albert resumed the chair. tion from [Speaker McCormack]: MR. ALBERT: The Chair requests the gentleman from Georgia, dean of the THE SPEAKER’S ROOM House, to administer the oath. Mr. Al- I hearby designate the Honorable bert took the oath of office as Speaker Carl Albert to act as Speaker pro pro tempore administered by Mr. Vin- tempore today. son. JOHN T. MCCORMACK, ( ) Speaker. On Jan. 10, 1966, 4 Speaker John W. McCormack, of Massa- * * * * * chusetts, was absent because of Mr. [Hale] Boggs [of Louisiana] as- the death of his brother. Speaker sumed the chair. McCormack designated in writing MR. [CARL] VINSON [of Georgia]: Mr. a Speaker pro tempore for the Speaker, I send to the desk a privi- day. The designated Speaker pro 1. 109 CONG. REC. 22015, 88th Cong. tempore was elected Speaker pro 1st Sess. tempore during the absence of the 2. Parliamentarian’s Note: Speaker Speaker.(5) McCormack’s brother, Edward, died in Boston on Sunday, Nov. 17. The 4. 112 CONG. REC. 5, 6, 89th Cong. 2d Speaker remained in Boston until Sess. Nov. 21. 5. Parliamentarian’s Note: Since the 3. Parliamentarian’s Note: Although duration of The Speaker’s absence the Congressional Record does not was uncertain and since there were explicitly refer to Mr. Albert’s des- new Members present to be sworn, ignation of a second Speaker pro the House chose to elect a Speaker tempore, such in fact did take place. pro tempore.

559 Ch. 6 § 12 DESCHLER’S PRECEDENTS

. . . [T]he Members of Congress met of the election of the Honorable Carl in their hall, and at 12 o’clock were Albert as Speaker pro tempore dur- called to order by the Speaker pro tem- ing the absence of The Speaker. pore Hon. Carl Albert, a Representa- The resolution was agreed to. tive from the State of Oklahoma. A motion to reconsider was laid on The Speaker pro tempore (Mr. Al- the table. bert) laid before the House the fol- Mr. Albert assumed the Chair as lowing communication: Speaker pro tempore and Mr. Celler THE SPEAKER’S ROOMS, administered the oath of office. U.S. House of Representatives, Washington, D.C. I hereby designate the Honorable § 13. —House Approval Carl Albert to act as Speaker pro tempore today. The House rules provide: JOHN W. MCCORMACK, Speaker. [The Speaker] shall have the right to name any Member to perform the du- * * * * * ties of the Chair, but such substitution THE SPEAKER PRO TEMPORE: The shall not extend beyond three legisla- Chair requests the gentleman from tive days: Provided, however, That in Louisiana [Mr. Boggs] to assume the case of his illness, he may make such Chair. appointment for a period not exceeding ten days, with the approval of Mr. Boggs assumed the Chair as the House at the time the same is Speaker pro tempore. made. . . .(6) THE SPEAKER PRO TEMPORE: (Mr. Hale Boggs): The Chair recognizes the The approval of the House has gentleman from New York [Mr. been obtained by The Speaker Keogh]. pursuant to a unanimous-consent MR. [EUGENE J.] KEOGH: Mr. Speak- request where The Speaker, er, on account of the unavoidable ab- though not ill, wished to appoint a sence of The Speaker due to the death Speaker pro tempore who could of his beloved brother, and at his reserve beyond three legislative quest, I offer a resolution and ask for days (7) and to allow a designated its immediate consideration. Speaker pro tempore to sign en- The Clerk read the resolution, as follows: rolled bills during the period of his designation.(8) H. RES. 627 Because of this procedure’s in- Resolved, That Hon. Carl Albert, a frequent use in modern times it Representative from the State of Oklahoma, be, and he is hereby, 6. Rule I clause 7 of the House Rules elected Speaker pro tempore during and Manual § 633 (1973). the absence of The Speaker. Resolved, That the President and 7. See § 13.1, infra. the Senate be notified by the Clerk 8. See § 13.2, infra.

560 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 13 appears that a Speaker will more The Speaker: The gentleman from often invite the election of a New York [Mr. Snell] offers a resolu- Speaker pro tempore when the ne- tion, which the Clerk will report. The Clerk read as follows: cessity arises, thus enabling him Resolved, That the designation of to sign enrolled bills and joint res- Hon. John Q. Tilson, a Representa- olutions and vesting in him the tive from the State of Connecticut, fuller powers of an elected offi- as Speaker pro tempore be approved (9) by the House and that the President cer. and the Senate be notified thereof. The President and Senate are THE SPEAKER: The question is on notified when a designated Speak- agreeing to the resolution. er pro tempore has been given the The resolution was unanimously ( ) approval of the House. 10 agreed to.

§ 13.2 A designated Speaker House Approval of Designated pro tempore must be for- Speaker Pro Tempore mally approved by the House in order to sign enrolled bills § 13.1 On rare occasions a during the period of time of Speaker, though not ill, will his designation. designate a Speaker pro tem- On Feb. 24, 1949,(12) the des- pore and the House will ap- ignated Speaker pro tempore John prove the designation so that W. McCormack, of Massachusetts, the designated Speaker pro received the approval of the tempore may serve beyond House in order that he might sign three legislative days. enrolled bills. (11) On Apr. 7, 1930, Speaker MR. [MIKE] MANSFIELD [of Montana]: Nicholas Longworth, of Ohio, des- Mr. Speaker, I offer a privileged reso- ignated a Speaker pro tempore to lution (H. Res. 116) and ask for its im- serve for a three-day period and mediate consideration The Clerk read the resolution, as fol- ‘‘thereafter’’ until his return from lows: a brief vacation. Resolved, That the designation of MR. [BERTRAND H.] SNELL [of New Hon. John W. McCormack, a Rep- York]: Mr. Speaker, I offer a resolution resentative from the State of Massa- and ask its immediate consideration. chusetts, as Speaker pro tempore be approved by the House, and that the President of the United States and 9. See § 14, infra. the Senate be notified thereof. 10. See §§ 13.1, 13.2, infra. 11. 72 CONG. REC. 6661, 71st Cong. 2d 12. 95 CONG. REC. 1489, 81st Cong. 1st Sess. See also 12.1, supra. Sess.

561 Ch. 6 § 13 DESCHLER’S PRECEDENTS

MR. [FRANCIS H.] CASE of South Da- or the House will elect a Speaker kota: Mr. Speaker, will the gentleman pro tempore after The Speaker yield? has already designated one.(15) MR. MANSFIELD: I yield to the gentleman from South Dakota. A Speaker pro tempore is elect- MR. CASE of South Dakota: As I un- ed by formal resolution and the derstand, this is the customary resolu- President and Senate are notified tion to meet a situation, so that bills of his election.(16) may be duly enrolled and presented for When a previously designated signature? Speaker pro tempore is the Mem- MR. MANSFIELD: The gentleman is correct. ber who is to be elected Speaker THE SPEAKER PRO TEMPORE: The pro tempore, he momentarily des- question is on the resolution. ignates another Speaker pro tem- The resolution was agreed to. pore during the election proc- A motion to reconsider was laid on ess.(17) the table. An elected Speaker pro tempore THE SPEAKER PRO TEMPORE: The is more than a ‘‘stand-in’’ Speaker. Chair requests the gentleman from Montana [Mr. Mansfield] to administer Indicative of this is the require- the oath of office to the Chair. ment that he swear a new oath Mr. Mansfield administered the oath upon his entering the office of of office as Speaker pro tempore to Mr. Speaker pro tempore.(18) McCormack. Moreover, an elected Speaker pro tempore assumes a much greater scope of authority from § 14. Election of Speaker The Speaker than a designated Pro Tempore Speaker pro tempore. Being elected, he does not have to have the A House rule (13) provides for the election of a Speaker pro tem- 15. See § 14. 6, infra. pore when The Speaker is absent Parliamentarian’s Note: As the il- and has omitted designating a lustrations under § 14.6 indicate, normally the Member designated Speaker pro tempore. Speaker pro tempore by the Speaker This rule has been rarely in- is the person the House elects. How- voked. Ordinarily, The Speaker ever, the House has the inherent will invite the election of a Speak- power, and has exercised it, to elect er pro tempore before leaving (14) a person other than the Member so designated. See § 14.7, infra. 13. Rule I clause 7, House Rules and 16. See §§ 14.1, 14.2, infra, respectively. Manual § 633 (1973). 17. See §§ 14.6, 14.7, infra. 14. See §§ 14.3–14.5, infra. 18. See § 11, supra.

562 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14 unanimous consent of the House, presiding at a joint session of the as does the designated Speaker Congress.(7) pro tempore, to carry out many of the more sensitive, but normal, duties that The Speaker would Election by Resolution handle if present.(19) He must, however, be authorized by the § 14.1 A Speaker pro tempore House to perform certain duties is elected by formal resolu- even though he has been elected tion. by the House, and not simply des- On Apr. 15, 1958,(8) Speaker pro ignated by The Speaker.(20) tempore John W. McCormack, of Examples of the kinds of duties, Massachusetts, was elected by for- powers, and functions assumed by an elected Speaker pro tempore mal resolution to the office of from The Speaker include: admin- Speaker pro tempore. istering the oath of office to new THE SPEAKER PRO TEMPORE: The Members; (1) appointing con- Chair requests the gentleman from ferees; (2) appointing committees to Oklahoma [Mr. (Carl) Albert] to as- wait on the President and to in- sume the Chair. Mr. Albert assumed the chair. form him that the session’s work MR. [CHARLES M.] PRICE [of Illinois]: (3) is completed; or that a quorum Mr. Speaker, I offer a resolution which of both Houses is ready to receive I send to the Clerk’s desk. ( ) his state of the Union message; 4 The Clerk read as follows: signing enrolled bills and joint resolutions during the adjourn- HOUSE RESOLUTION 527 ment of the House; (5) declaring re- Resolved, etc., That Hon. John W. (6) McCormack, a Representative from cesses during a session; and the State of Massachusetts, be, and he is hereby, elected Speaker pro 19. See §§ 14.8–14.12, infra. tempore during the absence of The 20. See §§ 14.13–14.16, infra. See also Speaker. § 4, supra, wherein it is indicated Resolved. That the President and that the Speaker also must be au- the Senate be notified by the Clerk of the election of Hon. John W. thorized to sign enrolled bills and McCormack as Speaker pro tempore joint resolutions during the adjourn- during the absence of The Speaker. ment of the House. THE SPEAKER PRO TEMPORE [Mr. Al- 1. See § 14.8, infra. bert]: The question is on the resolu- 2. See §§ 14.9, 14.10, infra. tion. 3. See § 14.11, infra. 4. See § 14.13, infra. 7. See § 14.12, infra. 5. See § 14.14, infra. 8. 104 CONG. REC. 6436, 85th Cong. 2d 6. See §§ 14.15, 14.16, infra. Sess.

563 Ch. 6 § 14 DESCHLER’S PRECEDENTS

The resolution was agreed to and a serve during the absence of motion to reconsider was laid on the the Speaker. table. On Apr. 2, 1940,(10) Speaker Notification of President and William B. Bankhead, of Ala- Senate bama, having contracted a case of influenza, invited the election of a § 14.2 The President and the Speaker pro tempore. Senate are notified by the THE SPEAKER: The Chair desires to Clerk of the election of a make a brief personal statement to the Speaker pro tempore. House. I dislike very much to do so, but, un- On Apr. 15, 1958,(9) House Res- fortunately, a few weeks ago I con- olution 527 was offered to elect tracted a very severe case of influenza the Speaker pro tempore John W. which seems to be holding on to me with great tenacity. My physician has McCormack, of Massachusetts, as advised me to take a little rest, and I Speaker pro tempore during the am sure the Members of the House absence of the Speaker: will be pleased to accord me this privilege. MR. [CHARLES M.] PRICE [of Illinois]: Mr. [John W.] McCormack [of Mas- Mr. Speaker, I offer a resolution. . . . sachusetts]: Mr. Speaker, I offer a res- Resolved, That Hon. John W. olution and ask for its immediate con- McCormack, a Representative from sideration. the State of Massachusetts, be, and The Clerk read as follows: he is hereby, elected Speaker pro tempore during the absence of the HOUSE RESOLUTION 451 Speaker. Resolved, That the President and Resolved, That Hon. Sam Rayburn, the Senate be notified by the Clerk a Representative from the State of of the election of the Hon. John W. Texas, be, and he is hereby, elected McCormack as Speaker pro tempore Speaker pro tempore during the ab- during the absence of the Speaker. sence of the Speaker. Resolved, That the President and The resolution was adopted. the Senate be notified by the Clerk of the election of Hon. Sam Rayburn as Speaker pro tempore during the Election by Invitation of absence of the Speaker. Speaker The resolution was agreed to, and a motion to reconsider was laid on the § 14.3 A Speaker who is ill table. may, under House practice, invite the election of a § 14.4 A Speaker who is not ill Speaker pro tempore to and who has not designated

9. 104 CONG. REC. 6436, 85th Cong. 2d 10. 86 CONG. REC. 3846, 76th Cong. 3d Sess. Sess.

564 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14

a Speaker pro tempore may On May 21, 1937,(12) Speaker invite the election of a William B. Bankhead, of Ala- Speaker pro tempore. bama, desiring to deliver a com- On Mar. 24, 1944,(11) Speaker mencement address at the Univer- Sam Rayburn, of Texas, invited sity of Alabama, invited the elec- the election of a Speaker pro tem- tion of a Speaker pro tempore pore. during that period of time when he would be absent. THE SPEAKER: The Chair desires to make a statement. THE SPEAKER: The Chair would like The Chair hopes by next Thursday a to make a brief statement. concurrent resolution will be passed I have accepted an invitation to de- recessing the Congress over until the liver the commencement address at the 11th or 12th of April. It will be impos- University of Alabama, my alma sible for the present occupant of the mater, on Monday next. While I am chair to be in Washington next week, that far away, very candidly, I will and therefore he has asked the gen- state to you gentlemen that I should tleman from Georgia [Mr. (Robert C. like the privilege of remaining at my W.) Ramspeck] to offer a resolution. home for just a few days. Under the MR. RAMSPECK: Mr. Speaker, I offer rules of the House I could appoint a the following resolution (H. Res. 483) Speaker pro tempore for three days, and ask for its immediate consider- but under the circumstances, by the ination. dulgence of the House, I have re- The Clerk read the resolution, as fol- quested the gentleman from Texas, the lows: majority leader [Sam Rayburn], to in- Resolved, That Hon. John W. troduce a resolution touching on the McCormack, a Representative from question. the State of Massachusetts, be, and MR. RAYBURN: Mr. Speaker, I send he is hereby, elected Speaker pro to the Clerk’s desk a resolution at the tempore during the absence of the Speaker. request of the Speaker. Resolved, That the President and The Clerk read as follows: the Senate be notified by the Clerk of the election of Hon. John W. HOUSE RESOLUTION 218 McCormack as Speaker pro tempore Resolved, That Hon. Lindsay C. during the absence of the Speaker. Warren, a Representative from the The resolution was agreed to. State of North Carolina, be, and he is hereby, elected Speaker pro tem- § 14.5 A Speaker pro tempore pore during the absence of the may be elected for reasons Speaker. Resolved, That the President and other than the illness of the the Senate be notified by the Clerk Speaker. of the election of Hon. Lindsay C.

11. 90 CONG. REC. 3114, 78th Cong. 2d 12. 81 CONG. REC. 4898, 75th Cong. 1st Sess. Sess.

565 Ch. 6 § 14 DESCHLER’S PRECEDENTS

Warren as Speaker pro tempore dur- Speaker pro tempore during the ab- ing the absence of the Speaker. sence of the Speaker. Resolved, That the President and The resolution was agreed to, and a the Senate be notified by the Clerk motion to reconsider was laid on the of the election of Hon. Sam Rayburn table. as Speaker pro tempore during the absence of The Speaker. On July 1, 1939,(13) Speaker William B. Bankhead, of Ala- The resolution was agreed to. bama, invited the election of a On Aug. 15, 1941,(14) Speaker Speaker pro tempore while he Sam Rayburn, of Texas, invited took a period of recreation and the election of a Speaker pro tem- rest. pore when he desired to leave for a short vacation beyond 10 days. THE SPEAKER: The Speaker desires the indulgence of the House to make a THE SPEAKER: The Chair desires at personal statement. this time to make a short statement. It is realized that we have been in As you all know, for something like continuous session now for six months three years, and especially the last 1 and it has been a rather arduous, 19 ⁄2 months, the Chair has been very strenuous session of the House. Under closely tied to Washington. Although I our system of government, The Speak- have enjoyed hugely being here with you ladies and gentlemen, I do have er of the House cannot make visits of the very great desire of for a few days recreation or take a rest, except by the sniffing a different atmosphere. indulgence of the membership. I must I am homesick. I want to go home to- confess I am a little bit tired. Next morrow. To all of you who go home— week will not be a tremendously heavy and I hope you do—I trust you will week, so far as our legislative program find things fine at home and that you is concerned, and I have therefore re- will come back with a renewed vigor, quested the gentleman from North imbued again with the sentiment of Carolina [Mr. (Robert L.) Doughton] to your constituents. . . . introduce a resolution which will give MR. [JOHN W.] MCCORMACK [of Mas- me a short leave of absence. sachusetts]: Mr. Speaker, in offering MR. DOUGHTON: Mr. Speaker, I sub- the following resolution for the election mit a resolution and ask for its imme- of a Speaker pro tempore and asking diate consideration. for its immediate consideration I know The Clerk read the resolution as fol- I state the sentiments of all the Mem- lows: bers when I say that I hope that you have a most enjoyable rest in your HOUSE RESOLUTION 240 white house and in future White Resolved, That Hon. Sam Rayburn, Houses. a Representative from the State of The Clerk read the resolution (H. Texas, be, and he is hereby, elected Res. 298), as follows:

13. 84 CONG. REC. 8520, 8521, 76th 14. 87 CONG. REC. 7194, 7195, 77th Cong. 1st Sess. Cong. 1st Sess.

566 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14

Resolved, That Hon. Clifton A. Resolved, That the President and Woodrum, a Representative from the the Senate be notified by the Clerk State of Virginia, be, and he is here- of the election of Hon. John W. by, elected Speaker pro tempore dur- McCormack as Speaker pro tempore ing the absence of the Speaker. during the absence of the Speaker. Resolved, That the President and the Senate be notified by the Clerk The resolution was agreed to. of the election of Hon. Clifton A. A motion to reconsider was laid on Woodrum as Speaker pro tempore the table. during the absence of the Speaker. THE SPEAKER: This action is taken The resolution was agreed to. for two reasons: First, The Speaker will not be here Monday and Tuesday, THE SPEAKER: The gentleman from Virginia [Mr. Woodrum] will present and the immediate necessity is that himself at the bar of the House for the there might be some enrolled bills that purpose of taking the oath. must be signed. Mr. McCormack appeared at the bar Mr. Woodrum of Virginia took the of the House and took the oath of of- oath of office as Speaker pro tempore. fice. On June 9, 1949,(15) Speaker Sam Rayburn, of Texas, invited Member Elected the election of a Speaker pro tempore when he desired to be away § 14.6 When the need arises for for two days and where the sign- an elected Speaker pro tem- ing of enrolled bills would be nec- pore, the designated Speaker essary. pro tempore normally, but not always, is the person THE SPEAKER: It will not be possible for The Speaker to be here on Monday elected. or Tuesday of next week. For that rea- On Mar. 15, 1966,(16) Speaker son, the Chair recognizes the gen- John W. McCormack, of Massa- tleman from Tennessee [Mr. (Albert A.) chusetts, having designated Rep- Gore]. resentative Carl Albert, of Okla- MR. GORE: Mr. Speaker, I offer a resolution (H. Res. 243) and ask for its homa, as Speaker pro tempore, a immediate consideration. resolution was introduced to elect The Clerk read the resolution, as fol- Mr. Albert as Speaker pro tem- lows: pore during the absence of the Resolved, That Hon. John W. Speaker. McCormack, a Representative from the State of Massachusetts, be, and MR. [EUGENE J.] KEOGH [of New he is hereby, elected Speaker pro York]: Mr. Speaker, I offer a privileged tempore during the absence of the resolution and ask for its immediate Speaker. consideration.

15. 95 CONG. REC. 7509, 81st Cong. 1st 16. 112 Cong. Rec. 5823, 5824, 89th Sess. Cong. 2d Sess.

567 Ch. 6 § 14 DESCHLER’S PRECEDENTS

The Clerk read the resolution as fol- § 14.7 On rare occasions a lows: Member other than the one H. RES. 779 designated Speaker pro tem- Resolved, That Hon. Carl Albert, a pore by The Speaker is elect- Representative from the State of ed Speaker pro tempore by Oklahoma, be, and he is hereby, the House. elected Speaker pro tempore during the absence of The Speaker. On Aug. 31, 1961,(19) the House Resolved, That the President and was called to order by Speaker pro the Senate be notified by the Clerk of the election of the Honorable Carl tempore Carl Albert, of Okla- Albert as Speaker pro tempore dur- homa, who laid before the House ing the absence of The Speaker. a letter from Speaker Sam Ray- MR. KEOGH: Mr. Speaker, I want to burn, of Texas. The proceedings mention that this resolution is being were as follows: offered at the request of the distinguished Speaker of the House of Rep- THE SPEAKER PRO TEMPORE: The resentatives. Chair lays before the House a communication [from Speaker Rayburn] which THE SPEAKER PRO TEMPORE: (Mr. [Wilbur D.] Mills [of Arkansas]): (17) the Clerk will read. The question is on the resolution. The Clerk read as follows: The resolution was agreed to. THE SPEAKER’S ROOMS, A motion to reconsider was laid on U.S. House of Representatives, Washington, D.C. the table. Mr. Albert assumed the Chair and I hereby designate the Hon. Carl the oath of office was administered to Albert to act as Speaker pro tempore today. him by Mr. [Emanuel] Celler, a Rep- SAM RAYBURN, resentative from the State of New Speaker. York. (18) * * * * * 17. Parliamentarian’s Note: Mr. Mills MR. [FRANCIS E.] WALTER [of Penn- was designated as Speaker pro tem- sylvania]: Mr. Speaker, I send to the pore during the election of the Speaker’s table a resolution (H. Res. Speaker pro tempore Carl Albert. 445) and ask for its immediate consid- 18. Parliamentarian’s Note: Speaker eration. McCormack left for Boston at 4:30 p.m. on Mar. 15, 1966, to address a The resolution called for the joint session of the Massachusetts election of Representative John General Court (the legislature) on W. McCormack, of Massachusetts, Mar. 16 and participated in St. Pat- rick’s Day festivities on the 17th. Mr. 12752), which the President wanted Albert was elected as Speaker pro to sign later that day. tempore so that he could sign the 19. 107 CONG. REC. 17765, 17766, 87th Tax Adjustment Act of 1966 (H.R. Cong. 1st Sess.

568 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14 as Speaker pro tempore during without the requirement of the absence of the Speaker. The the unanimous consent of resolution was agreed to. the House. Mr. McCormack assumed the (3) Chair and the oath of office was On Sept. 20, 1961, elected administered to him.(20) Speaker pro tempore John W. McCormack, of Massachusetts, ap- Duties, Powers, Functions pointed conferees for the House without requesting the unanimous § 14.8 In the absence of the consent of the House to make Speaker, an elected Speaker such appointments. pro tempore administers the MR. [JOHN L.] MCMILLAN [of South oath of office to new Mem- Carolina]: Mr. Speaker, I ask unani- bers, without the require- mous consent that the gentleman from Mississippi [Mr. Abernethy] be excused ment of unanimous consent as a conferee on the bill H.R. 5968, of the House. and that another Member be des- On Jan. 10, 1966,(1) elected ignated as a conferee in his place. THE SPEAKER PRO TEMPORE: Is there Speaker pro tempore Carl Albert, objection to the request of the gen- of Oklahoma, administered the tleman from South Carolina? oath of office to new Members There was no objection. without the requirement of unani- THE SPEAKER PRO TEMPORE: The mous consent of the House.(2) Chair appoints to the committee of conference the gentleman from Ala- § 14.9 An elected Speaker pro bama [Mr. Huddleston] vice the gen- tempore appoints conferees tleman from Mississippi [Mr. Abernethy]. 20. Parliamentarian’s Note: Speaker The Clerk will notify the Senate of Rayburn last presided over the the appointment by the Speaker pro House on Wednesday, Aug. 30, 1961, tempore. during a call of Calendar Wednesday business. Because of illness, he de- § 14.10 An elected Speaker pro parted for his home in Bonham, tempore appoints successor Tex., on the morning of Aug. 31. conferees without the re- Speaker Rayburn died there on Nov. quirement of unanimous con- 16, 1961. sent of the House. 1. 112 CONG. REC. 6, 89th Cong. 2d ( ) Sess. On Sept. 5, 1961, 4 elected 2. Parliamentarian’s Note: The Con- Speaker pro tempore John W. gressional Record does not explicitly refer to the administration of the 3. 107 CONG. REC.. 20491, 87th Cong. oath of office to the new Members by 1st Sess. the elected Speaker pro tempore, but 4. 107 CONG. REC. 18183, 87th Cong. such in fact did take place. 1st Sess.

569 Ch. 6 § 14 DESCHLER’S PRECEDENTS

McCormack, of Massachusetts, ap- gentleman from Illinois [Mr. Arends] to pointed a successor conferee to re- wait on the President. place a Member who was resigning as a conferee. He laid before § 14.12 An elected Speaker pro the House the Member’s letter of tempore presides at a joint resignation, saying: session of Congress to hear The Chair appoints the gentleman an address by the President. from Michigan, Mr. Meader, as a man- On June 10, 1952,(6) elected ager on the part of the House at the conference on S. 1653, vice the gen- Speaker pro tempore John W. tleman from New York, Mr. Miller, McCormack, of Massachusetts, who has been excused; and the Clerk presided at the joint session of the will notify the Senate thereof. Congress to hear an address by § 14.11 An elected Speaker pro President Harry S. Truman on the tempore appoints a com- crisis in the steel industry. mittee to wait on the Presi- The recess having expired, the dent and inform him that the House was called to order by the House has completed the Speaker pro tempore at 12 o’clock and business of the session and is 24 minutes p.m. . . . The Speaker pro tempore presided. ready to adjourn. . . . [T]he Vice President took the On Sept. 27 (legislative day, chair at the right of the Speaker pro Sept. 25), 1961,(5) the House tempore. . . . agreed on a resolution enabling THE SPEAKER PRO TEMPORE: On the elected Speaker pro tempore John part of the House the Chair appoints W. McCormack, of Massachusetts, as members of the committee to escort to appoint a committee to wait on the President of the United States into the President to notify him that the Chamber, the gentleman from Ten- the two Houses had completed the nessee, Mr. Priest; the gentleman from business of the session and were North Carolina, Mr. Doughton; and the ready to adjourn unless the Presi- gentleman from Massachusetts, Mr. dent had some other communica- Martin. tion to make to the Congress. THE VICE PRESIDENT [Alben W. Bar- After the House had agreed to a kley, of Kentucky]: On the part of the Senate, the Chair appoints as mem- resolution for the appointment of bers of the committee of escort the the committee, the Speaker pro Senator from Arizona, Mr. McFarland; tempore declared: the Senator from New Hampshire, Mr. The Chair appoints the gentleman Bridges; and the Senator from South from Oklahoma [Mr. Albert] and the Carolina, Mr. Maybank. . . .

5. 107 CONG. REC. 21518, 21528, 87th 6. 98 CONG. REC. 6928–30, 82d Cong. Cong. 1st Sess. 2d Sess.

570 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14

At 12:30 o’clock p.m. the Doorkeeper ready to receive his state of announced the President of the United the Union message. States. ( ) The President of the United States, On Jan. 10, 1966, 7 elected escorted by the committee of Senators Speaker pro tempore Carl Albert, and Representatives, entered the Hall of Oklahoma, pursuant to a reso- of the House of Representatives and lution authorizing him to do so, stood at the Clerk’s desk. [Applause, appointed a committee to notify the Members rising.] the President that a quorum of THE SPEAKER PRO TEMPORE: Mem- bers of the Congress, I have the distin- each House had assembled and guished honor of presenting to you the that the Congress was ready to re- President of the United States. ceive any communication that he THE PRESIDENT: Mr. President, Mr. may be pleased to make. Speaker, Members of the Congress, I should like to report to the Congress MR. [HALE] BOGGS [of Louisiana]: on certain events that have happened Mr. Speaker, I offer a preferential res- in connection with the current dispute olution and ask for its immediate con- in the steel industry since I last com- sideration. municated with Congress on that sub- The Clerk read the resolution, as fol- ject.... lows: At 12 o’clock; and 50 minutes p.m., H. RES. 628 the President, accompanied by the committee of escort, retired from the Resolved, That a committee of three members be appointed by the Hall of the House of Representatives. Speaker pro tempore on the part of ... the House of Representatives to join THE SPEAKER PRO TEMPORE: The with the committee on the part of Chair declares the joint session of the the Senate, to notify the President of two Houses now dissolved. the United States that a quorum of each House is assembled, and Con- Thereupon (at 12 o’clock and 52 min- gress is ready to receive any commu- utes p.m.) the joint session of the two nication that he may be pleased to Houses was dissolved. make. The resolution was agreed to. Actions Requiring Authoriza- A motion to reconsider was laid on tion the table. THE SPEAKER PRO TEMPORE: The § 14.13 Even though the Speak- Chair appoints as members of the com- er pro tempore is elected, he mittee on the part of the House to join must be authorized by reso- with the committee on the part of the lution to appoint a com- Senate to notify the President of the United States that a quorum of each mittee to notify the Presi- dent that a quorum of each 7. 112 CONG. REC. 6, 89th Cong. 2d House has assembled and is Sess. 571 Ch. 6 § 14 DESCHLER’S PRECEDENTS

House is assembled and that the Con- from the Senate and that the Speaker gress is ready to receive any commu- pro tempore be authorized to sign any nication he may be pleased to make, enrolled bills and joint resolutions duly the gentleman from Louisiana [Mr. passed by the two Houses and found Boggs], the gentleman from New York truly enrolled. [Mr. Celler], and the gentleman from THE SPEAKER PRO TEMPORE: Is there Michigan [Mr. Gerald R. Ford]. objection to the request of the gentleman from Oklahoma? § 14.14 Even though the Speak- There was no objection. er pro tempore is elected, he On Sept. 21, 1961,(10) unani- must be authorized to sign mous consent was requested that enrolled bills and joint reso- notwithstanding the adjournment lutions during an adjourn- of the House, elected Speaker pro ment of the House. tempore John W. McCormack, of Massachusetts, be authorized to On July 7, 1958,(8) Speaker Sam sign enrolled bills and joint reso- Rayburn, of Texas, designated lutions during the adjournment. John W. McCormack, of Massa- chusetts, Speaker pro tempore in MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I ask unanimous consent writing. That same day Speaker that notwithstanding the adjournment pro tempore McCormack was of the House until tomorrow, the elected Speaker pro tempore dur- Speaker pro tempore [Mr. McCormack] ing the absence of the Speaker. be authorized to sign any enrolled bills (9) and joint resolutions duly passed by On July 10, 1958, unanimous the two Houses and found truly en- consent was requested that not- rolled. withstanding the adjournment of THE SPEAKER PRO TEMPORE: Is there the House Speaker pro tempore objection to the request of the gen- McCormack be authorized to sign tleman from Oklahoma? any enrolled bills and joint resolu- There was no objection. tions duly passed by the two § 14.15 Even though a Speaker Houses. pro tempore is elected, in the MR. [CARL] ALBERT [of Oklahoma]: absence of the Speaker he Mr. Speaker, I ask unanimous consent must be authorized to de- that notwithstanding the adjournment clare recesses during a ses- of the House until Monday next, the sion. clerk be authorized to receive messages On Aug. 31, 1961, the Honor- 8. 104 CONG. REC. 13061, 85th Cong. able John W. McCormack, of Mas- 2d Sess. 9. 104 CONG. REC. 13418, 85th Cong. 10. 107 CONG REC. 20572, 87th Cong. 2d Sess. 1st Sess.

572 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 14 sachusetts, was elected as Speak- There was no objection er pro tempore in the absence of Speaker Sam Rayburn, of Texas, § 14.16 An elected Speaker pro because of illness. tempore who is authorized to declare recesses at any time On Sept. 16, 1961,(11) a unanimous-consent request was offered during the remainder of a by Representative Carl Albert, of session may declare a recess Oklahoma, enabling Speaker pro despite an objection to a tempore McCormack to declare re- unanimous-consent request cesses subject to the call of the that the House adjourn. Chair during the rest of the ses- On Sept. 23 (legislative day, sion. Sept. 22), 1961,(12) unanimous

MR. ALBERT: And if the gentleman consent was requested to adjourn will yield for the purpose, I would like to meet at an hour other than also to ask unanimous consent that that prescribed as the daily hour any time during the remainder of this of meeting. When objection was session it may be in order for the Speaker pro tempore to declare re- heard, elected Speaker pro tem- cesses subject to the call of the Chair. pore John W. McCormack, of Mas- ... sachusetts, declared a recess. MR. [CHARLES A.] HALLECK [of Indi- MR. [CARL] ALBERT [of Oklahoma]: ana]: Mr. Speaker, reserving the right Mr. Speaker, I ask unanimous consent to object, may I say in connection with that when the House adjourns today, it this request that this matter has been adjourn to meet at 10 o’clock a.m. to- called to my attention. It is standard procedure as we come up to the end of morrow. a session. I sincerely hope it is not ob- THE SPEAKER PRO TEMPORE: Is there jected to, because its adoption will very objection to the request of the gen- materially expedite the business of the tleman from Oklahoma? House of Representatives to the objec- MR. [H. CARL] ANDERSEN of Min- tive of sine die adjournment. nesota: I object. . . . THE SPEAKER PRO TEMPORE: Is there THE SPEAKER PRO TEMPORE: The objection to the request of the gen- House will stand in recess until 10 tleman from Oklahoma? o’clock tomorrow morning.

11. 107 CONG. REC. 19800, 87th Cong. 12. 107 CONG. REC. 20854, 20867, 87th 1st Sess. Cong. 1st Sess.

573 Ch. 6 § 15 DESCHLER’S PRECEDENTS

C. HOUSE OFFICERS § 15. Qualifications against assigning employees to positions for which they were not This division (13) discusses the appointed,(20) against dividing sal- officers of the House (other than aries,(1) or against subletting du- the Speaker and Speaker pro tem- ties of employees (2) may be re- pore)—the Clerk, Sergeant at moved from office.(3) Arms, Doorkeeper, Postmaster (14) The House rules provide that no and Chaplain; it discusses their person who is an agent for the election,(15) compensation, (16) du- prosecution of any claim against ties, (17) and the problem of vacan- the government, or who is inter- cies and the selection of succes- ested in such claim other than as sors.(18) an original claimant, may serve as Every officer of the Congress is an officer or continue as an em- authorized to determine the quali- ployee of the House.(4) fications of all individuals before appointing them to subordinate positions and to discipline any § 16. Election employee under his supervision.(19) And any officer who vio- Although the Constitution (5) lates the statutory prohibitions provides that, ‘‘The House . . . shall chuse their Speaker and 13. Generally see 1 Hinds’ Precedents other officers . . .’’, it neither Ch. 6 and 6 Cannon’s Precedents Ch. names the officers nor sets forth 153, for precedents prior to 1936 their method of selection. This gap which relate to House officers. has been filled by Rule II of the 14. The Postmaster, whose duties are outlined in Rule VI of the House House Rules and Manual which Rules and Manual § 654 (1973), is an provides that the Clerk, Sergeant officer of the House. See 1 Hinds’ at Arms, Doorkeeper, Postmaster, Precedents §§ 269–271 and 6 Can- and Chaplain shall be elected ‘‘by non’s Precedents § 34. viva voce vote’’ at the commence- 15. See § 16, infra. 16. See § 17, infra. 20. 2 USC § 85. 17. See §§ 18–21, infra. 1. 2 USC § 86. 18. See § 22, infra. 2. 2 USC § 87. See also Ch. 37, infra, relating to res- 3. 2 USCA § 90. ignations, and Ch. 38, infra, re- 4. Rule XLI, House Rules and Manual lating to deaths of officers. § 937 (1973). 19. 2 USCA § 60–1(a). 5. U.S. Const. art. I, § 2.

574 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 16 ment of each Congress.(6) Despite MR. [OLIN E.] TEAGUE of Texas this language, officers are usually [Chairman of the Democratic Caucus]: chosen by resolution.(7) Mr. Speaker, I offer a resolution (H. Res. 1) and ask for its immediate con- At the commencement of a Con- sideration. gress, each party’s caucus selects The Clerk read the resolution as fol- one nominee for each office.(8) The lows: majority submits its slate of nominees and the minority usually H. RES. 1 submits a substitute resolution Resolved, That W. Pat Jennings, of containing its slate.(9) The House the Commonwealth of Virginia, be, and he is hereby, chosen Clerk of the then votes on these resolutions. House of Representatives; Because of this practice, officers That Zeake W. Johnson, Jr., of the are actually chosen by party cau- State of Tennessee, be, and he is cuses. hereby, chosen Sergeant at Arms of the House of Representatives; That William M. Miller, of the State of Mississippi, be, and he is Procedure at Commencement hereby, chosen Doorkeeper of the House of Representatives; of Congress That H. H. Morris, of the Com- monwealth of Kentucky, be, and he § 16.1 The House elects its offi- is hereby, chosen Postmaster of the cers by resolution. House of Representatives; That Reverend Edward O. Latch At the commencement of the D.D., of the District of Columbia, be, 92d Congress, the chairman of the and he is hereby, chosen Chaplain of majority party caucus offered a the House of Representatives. resolution containing names of Following introduction of this persons selected by it to serve as resolution, the chairman of the House officers: (10) minority party caucus,(11) offered a substitute amendment con- 6. See 1 Hinds’ Precedents § 187 for ori- taining the names of persons se- gin of the provision dealing with viva voce vote. lected by the minority caucus to 7. See §§ 16.1 et seq. serve as officers: 8. See Ch. 3, supra, for a discussion of MR. [JOHN B.] ANDERSON of Illinois the nomination of House officers in [Chairman of the Republican Con- the party caucus. ference]: Mr. Speaker, I offer a sub- 9. See for example, § 16.1, infra, for an stitute amendment. . . . instance in which resolutions were The Clerk read the substitute offered. But see 111 CONG. REC. 20, amendment, as follows: 89th Cong. 1st Sess., Jan. 4, 1965, in which the minority did not offer a 11. Compare 111 CONG. REC. 20, 89th substitute resolution. Cong. 1st Sess., Jan. 4, 1965, for an 10. 117 CONG. REC. 13, 92d Cong. 1st instance in which the minority did Sess., Jan. 21, 1971. not offer a substitute amendment.

575 Ch. 6 § 16 DESCHLER’S PRECEDENTS

Amendment offered by Mr. Ander- Under the normal procedure for son of Illinois as a substitute for the remainder of House Resolution 1: electing House officers, the chair- Resolved, That Joe Bartlett, of the man of the majority caucus offers State of Ohio, be, and he is hereby, a resolution which contains the chosen Clerk of the House of Rep- resentatives; names of the party’s nominees for ‘‘That Robert T. Hartmann, of the officers. The chairman of the mi- State of Maryland, be, and he is nority caucus offers a substitute hereby, chosen Sergeant at Arms of the House of Representatives; resolution containing the names of ‘‘That William R. Bonsell, of the his party’s nominees. However, Commonwealth of Pennsylvania, be, when the minority does not con- and he is hereby, chosen Doorkeeper of the House of Representatives; test the majority’s nominee for a ‘‘That Tommy Lee Winebrenner, of particular office, the chairman of the State of Indiana, be, and he is the minority caucus may ask for a hereby, chosen Postmaster of the House of Representatives.’’ division of the House so that After the substitute amendment Members may have a separate was offered, the Speaker called for vote on the uncontested office. votes first on the amendment and For example, on Jan. 10, then on the majority resolution: 1967,(12) and Jan. 3, 1969,(13) members of the minority, Mr. Les- THE SPEAKER [John W. McCormack, of Massachusetts]: The question is on lie C. Arends, of Illinois, and Mr. the substitute amendment. John B. Anderson, of Illinois, re- The substitute amendment was respectively, requested a division on jected. the resolution so that a separate THE SPEAKER: The question is on the resolution offered by the gentleman and unanimous vote could be held from Texas (Mr. Teague). for the office of the Chaplain be- The resolution was agreed to. cause the minority caucus, the Re- A motion to reconsider was laid on publican Conference, did not offer the table. a candidate for that office. Thus, THE SPEAKER: Will the officers elected present themselves at the bar of the Mr. Anderson made the following ( ) House and take the oath of office? statement. 14 The officers-elect presented them- MR. ANDERSON of Illinois [Chairman selves at the bar of the House and took of the Republican Conference]: Mr. the oath of office. § 16.2 Where the minority does 12. 113 CONG. REC. 27, 90th Cong. 1st Sess. not contest the majority’s 13. 115 CONG. REC. 35, 91st Cong. 1st nominee for Chaplain, it may Sess. request a separate vote for 14. 115 CONG. REC. 34, 91st Cong. 1st that office. Sess., Jan. 3, 1969. 576 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 16

Speaker, I have a substitute to offer to bency as Clerk of the House of Rep- the resolution [majority resolution for resentatives, but for his additional the election of officers], but before of- duties as Sergeant at Arms he shall fering the substitute I request that receive no compensation additional to that he receives as Clerk of the there be a division on the question on House of Representatives. the resolution so that we may have a ( ) separate vote on the office of Chaplain. On the same date, the House 16 ( ) THE SPEAKER [John W. McCormack, and Senate 17 passed the fol- of Massachusetts]: The gentleman from lowing joint resolution (H.J. Res. Illinois demands a division in relation 292): (18) to the election of the Chaplain. The question is on agreeing to that Resolved. That Lyle O. Snader, of the State of Illinois, be, and he is portion of the resolution providing for hereby, authorized, notwithstanding the election of the Chaplain [which the provisions of any other law, to was agreed to]. . . . serve concurrently as Clerk and Ser- geant at Arms of the House of Rep- Sergeant at Arms resentatives until another person is chosen by the House of Representa- tives to be and duly qualifies as Ser- § 16.3 The Clerk has been geant at Arms; and while the said elected to serve concurrently Lyle O. Snader is so serving the compensation received by him as as Sergeant at Arms, fol- Clerk of the House of Representa- lowing the death of the in- tives shall be in full discharge for cumbent. any services rendered by him to the House of Representatives during On July 8, 1953,(15) following such period of concurrent services. the death that day of the Sergeant The joint resolution was offered at Arms, William F. Russell, a in the House by Mr. Halleck, the Member, Charles A. Halleck, of Majority Leader. Indiana, offered and the House agreed to the following resolution § 16.4 A temporary appointee (H. Res. 323): to the office of Sergeant at Resolved, That Lyle O. Snader, of Arms has been elected Ser- the State of Illinois, be, and he is geant at Arms. hereby, chosen Sergeant at Arms of the House of Representatives to serve in that capacity until another 16. Id. person is chosen by the House of 17. 99 CONG. REC. 8203, 83d Cong. 1st Representatives to be and duly Sess. qualifies as Sergeant at Arms: Pro- 18. Parliamentarian’s Note: This joint vided, That the said Lyle O. Snader shall serve as Sergeant at Arms not- resolution was enacted to remove withstanding his concurrent incum- doubt about the necessity to pay dual compensation, a practice pro- 15. 99 CONG. REC. 8242, 83d Cong. 1st hibited by statute (5 USC § 58). See Sess. also § 17.3, infra.

577 Ch. 6 § 16 DESCHLER’S PRECEDENTS

On Jan. 11, 1954,(19) the House Doorkeeper agreed to the following resolution: Resolved, That William R. Bonsell § 16.6 A Doorkeeper was elect- of the State of Pennsylvania, be, and ed following the death of the he is hereby, chosen Sergeant at incumbent. Arms of the House of Representa- tives. On Feb. 5, 1943,(3) the House Mr. Bonsell had served as act- agreed to the following resolution: ing Sergeant at Arms since ap- Resolved, That Ralph R. Roberts, pointment by the Speaker, pursu- of the State of Indiana, be, and he is ant to 2 USCA 75a–1(a), on Sept. hereby, chosen Doorkeeper of the 15, 1953.(20) House of Representatives. The incumbent Doorkeeper, Jo- § 16.5 A Sergeant at Arms was seph J. Sinnott, had died on Jan. elected following the resigna- 27, 1943.(4) tion of the incumbent. On Sept. 25, 1972,(1) the Ser- Chaplain geant at Arms, Zeake W. Johnson, Jr., of Tennessee, having tendered § 16.7 A Chaplain who re- his resignation, Mr. Olin E. signed because of illness was Teague of Texas, offered and the elected Chaplain emeritus. House agreed to the following res- (5) olution (H. Res. 1134): On Jan. 30, 1950, Mr. John W. McCormack, of Massachusetts, Resolved, That Kenneth R. Har- ding of the Commonwealth of Vir- offered and the House agreed to ginia be, and he is hereby chosen the following House resolution (H. Sergeant at Arms of the House of Representatives, effective on October Res. 453): 1, 1972. Resolved, That immediately following his resignation as Chaplain of Mr. Harding, the Sergeant at the House of Representatives, James Arms-elect, presented himself at Shera Montgomery be, and he is the bar of the House and took the hereby, appointed Chaplain emeritus oath of office.(2) of the House of Representatives, with salary at the basic rate of $2,350 per annum, payable monthly, 19. 100 CONG. REC. 134, 83d Cong. 2d to be paid out of the contingent fund Sess. 20. See § 22.2, infra, for discussion of ap- 3. 89 CONG. REC. 634, 78th Cong. 1st pointment of Mr. Bonsell as acting Sergeant at Arms. Sess. ONG EC 1. 118 CONG. REC. 31999, 32000, 92d 4. See 89 C . R . 421, 78th Cong. Cong. 2d Sess. 1st Sess., Jan. 28, 1943, for an- 2. See § 22.3, infra, for discussion of cir- nouncement of Doorkeeper’s death. cumstances preceding the election of 5. 96 CONG. REC. 1095, 81st Cong. 2d Mr. Harding. Sess.

578 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 17

of the House until otherwise pro- Rev. Edward Gardiner Latch, (6) vided by law. D.D., L.H.D., who had served as § 16.8 A Chaplain was elected acting Chaplain since his appoint- (9) following resignation of the ment on Mar. 14, 1966, was incumbent. elected Chaplain of the House in an uncontested vote. On Jan. 30, 1950,(7) Mr. Francis E. Walter, of Pennsylvania, offered and the House agreed to the following House resolution (H. § 17. Oath; Compensation Res. 454): Rule II of the House Rules and Resolved, That Rev. Bernard Braskamp, of the District of Colum- Manual provides that each person bia, be, and he is hereby, chosen who is elected to the office of Chaplain of the House of Represent- Clerk,(10) Sergeant at Arms, Door- atives. Rev. Braskamp succeeded Rev. keeper, Postmaster, or Chaplain, Montgomery. ‘‘. . . shall take an oath to support the Constitution of the § 16.9 A temporary appointee United States, and for the true as Chaplain during one Con- and faithful discharge of the du- gress was elected Chaplain ties of his office to the best of his at the commencement of the knowledge and ability, and to next Congress. keep the secrets of the House (11) On Jan. 10, 1967,(8) at the com- . . .’’ mencement of the 90th Congress, The officers of the House take the following oath: 6. After the House agreed to the above I, AB, do solemnly swear (or affirm) resolution, the Speaker laid before that I will support and defend the Con- the House a letter of resignation from Rev. Montgomery which indi- 9. See § 22.4, infra, for appointment of cated that the reason for his action Rev. Latch. was illness. The resignation was accepted without objection. 10. Administration of the oath to the See also 6 Cannon’s Precedents Clerk by the Speaker is required by § 31, for letter of resignation of Rev. statute, 2 USC § 25. Although the Henry N. Couden as Chaplain and Speaker is not required to admin- House resolution electing him Chap- ister the oath to any other officer, he lain emeritus. Rev. Montgomery suc- does so in practice (see 1 Hinds’ ceeded Rev. Couden. Precedents § 81). 7. 96 CONG. REC. 1097, 81st Cong. 2d 11. See 1 Hinds’ Precedents § 187, indi- Sess. cating that the requirement that the 8. 113 CONG. REC. 27, 90th Cong. 1st officers be sworn to keep the secrets Sess. of the House is obsolete.

579 Ch. 6 § 17 DESCHLER’S PRECEDENTS

stitution of the United States against justed the amount of an officer’s all enemies, foreign and domestic; that compensation; (5) and it has by the I will bear true faith and allegiance to the same; that I take this obligation same method suspended statutory freely, without any mental reservation salaries and replaced them with or purpose of evasion; and that I will an administrative schedule.(6) Res- well and faithfully discharge the duties olutions have also been passed to of the office on which I am about to prevent payment of dual com- enter. So help me God. (5 USCA § 3331.) pensation to one person who held two offices concurrently.(7) The compensation of House officers is determined by statute, and adjustments thereto are sometimes effected by resolution. Stat- Oath utes establish the compensation for the Clerk,(12) Sergeant at § 17.1 An officer elected to Arms,(13) Doorkeeper,(14) Post- hold an additional office con- master,(1) and Chaplain.(2) currently takes a separate The House by resolution has es- oath for the additional office. ( ) ( ) tablished, 3 increased, 4 and ad- When he was chosen to serve concurrently as Sergeant at Arms 12. See 2 USCA § 60e–13, which pro- on July 8, 1953,(8) Lyle O. Snader, vides that compensation of the Clerk of the House of Representatives shall of Illinois, appeared at the bar of equal that of the Secretary of the the House to take the oath as Ser- Senate and Sergeant at Arms of the geant at Arms notwithstanding Senate. the fact that he had taken an oath 13. See 2 USCA § 60e–13, which pro- when he was elected Clerk. vides that compensation of the Ser- geant at Arms of the House shall § 17.2 A person elected as a equal that of the Secretary of the permanent officer appears at Senate and Sergeant at Arms of the Senate. 5. See § 17.6, infra. 2 USCA § 77 provides that the Ser- 6. See § 17.7, infra. geant at Arms shall receive no compensation in addition to the salary 7. See § 17.3, infra, for joint resolution prescribed by law. and § 16.3, supra, for simple resolu- 14. See 2 USCA § 76–1, which provides tion disallowing dual compensation that the compensation of the House to the clerk during the period he Doorkeeper shall equal that of the served concurrently as Sergeant at Clerk and Sergeant at Arms of the Arms. House. 8. 99 CONG. REC. 8242, 83d Cong. 1st 1. 2 USCA § 84–1. Sess. 2. 2 USCA § 84–2. See § 16.3, supra, for a discussion 3. See § 17.4, infra. of election of the clerk as Sergeant at 4. See § 17.5, infra. Arms.

580 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 17

the bar of the House to take Resolved by the Senate and House of Representatives of the United the oath administered by the States of America in Congress assem- Speaker.(9) bled, That Lyle O. Snader, of the State of Illinois, be, and he is here- Parliamentarian’s Note: As a by, authorized, notwithstanding the general rule, a person designated provisions of any other law, to serve by the Speaker to act as a tem- concurrently as Clerk and Sergeant- porary officer pursuant to 2 USCA at-Arms of the House of Representa- tives until another person is chosen § 75a–1 does not appear at the bar by the House of Representatives to of the House to take the oath but be and duly qualifies as Sergeant-at- subscribes to it in writing when Arms; and while the said Lyle O. he accepts the appointment.(10) Snader is so serving the compensation received by him as Clerk of the House of Representatives shall be in Compensation full discharge for any services rendered by him to the House of Rep- § 17.3 The House and Senate resentatives during such period of by joint resolution have pre- concurrent service. vented payment of dual com- Parliamenatarian’s Note: Be- pensation to a person who cause a statute (5 USCA § 58) pro- held two offices. hibited anyone from receiving On July 8, 1953, the House (11) dual compensation from the gov- and Senate (12) passed the fol- ernment, the joint resolution was lowing joint resolution (H.J. Res. enacted to remove all doubt of the ( ) 292: 13 necessity to pay dual compensa-

9. See for example 96 CONG. REC. 1311, tion, which if paid or required to 81st Cong. 2d Sess., Feb. 1, 1950, ad- be paid, might have made it ille- ministration of oath to Rev. Bernard gal for one person to occupy two Braskamp after election as Chaplain offices. A House resolution was of the House. also passed on this occasion.(14) 10. But see § 22.3, infra, for a discussion of appointment of Zeake W. Johnson, Jr., as temporary Sergeant at Arms § 17.4 The House has estab- following his resignation as Sergeant lished a base rate of com- at Arms. On that occasion, Mr. John- pensation for an officer to be son appeared at the bar of the House paid as long as the office is to take the oath as acting Sergeant at Arms from Speaker Carl Albert held by the present incum- (Okla.). bent. 11. 99 CONG. REC. 8242, 83d Cong. 1st Sess. 14. See § 16.3, supra, for a discussion of 12. Id. at p. 8203. the clerk’s election as Sergeant at 13. Pub. L. No. 83–106, 83d Congress, Arms and the House resolution of- approved July 9, 1953, 67 Stat. 141. fered on this occasion.

581 Ch. 6 § 17 DESCHLER’S PRECEDENTS

On Feb. 2, 1961,(15) a Member, On Mar. 31, 1965, (17) a Mem- John W. McCormack, of Massa- ber, Carl Albert, of Oklahoma, of- chusetts, offered and the House fered and the House agreed to the agreed to the following resolution following resolution (H. Res. 313): (H. Res. 138): Resolved, That, effective April 1, Resolved, That effective February 1965, the compensation of the Chap- 1, 1961, the basic compensation of lain of the House of Representatives the Deputy Sergeant at Arms shall be at a gross per annum rate (charge of pairs), Office of the Ser- which is equal to the gross per geant at Arms, shall be at the rate of annum rate of compensation of the $7,000 per annum so long as held by Chaplain of the Senate. The addi- the present incumbent. The additional sums necessary to carry out tional amounts necessary to carry this resolution shall be paid out of out this resolution shall be paid out the contingent fund of the House of the contingent fund until other- until otherwise provided by law. wise provided by law. Parliamentarian’s Note: This § 17.5 The House has provided resolution was intended to remove additional compensation for the inequity in the Federal Em- an officer to be paid as long ployee’s Salary Act of 1964 which as the office is held by the increased the salary of the House present incumbent. Chaplain from $10,000 to $12,500 (2 USCA § 84–2) while at the (16) On July 31, 1953, a Member, same time raising the salary of Karl M. LeCompte, of Iowa, of- the Chaplain of the Senate to fered and the House agreed to the $15,000 (2 USCA § 61d). following resolution (H. Res. 355): Resolved, That effective August 1, § 17.7 The House by simple res- 1953, there shall be paid out of the olution has suspended fixed contingent fund of the House until otherwise provided by law additional salaries for certain officers compensation at the gross rate of and substituted an adminis- $1,254 per annum to the Chaplain of the House of Representatives so long trative compensation sched- as the position is held by the present ule. incumbent. On Oct. 4, 1972,(18) a Member, § 17.6 The House by simple res- Wayne L. Hays, of Ohio, on behalf olution has adjusted a salary of the Committee on House Ad- established by statute. ministration, offered and the

15. 107 CONG. REC. 1682, 87th Cong. 1st 17. 111 CONG. REC. 6412, 89th Cong. 1st Sess. Sess. 16. 99 CONG. REC. 10671, 83d Cong. 1st 18. 118 CONG. REC. 33744, 92d Cong. 2d Sess. Sess.

582 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

House passed the following resolu- anything to him and others until and tion (H. Res. 890): unless there is an increase in the income of Members, and then it puts Resolved, That, (a) until otherwise them at a lower level. provided by law, the per annum gross rate of compensation of the For example, if a Member of Con- Clerk, the Doorkeeper, the Sergeant gress say—and I am picking a figure at Arms, and the Chief of Staff of out of the air—went up to $47,500, the the Joint Committee on Internal Office of Doorkeeper would go up to Revenue Taxation of the House of something like $42,000 instead of Representatives, shall be equal to the annual rate of basic pay fixed for $45,000. level IV of the Executive Schedule The provisions of this resolution under section 5315 of title 5, United States Code. relating to compensation of the (b) Until otherwise provided by Clerk, Sergeant at Arms, and law, such amounts as may be nec- Doorkeeper were enacted as Pub- essary to carry out subsection (a) of this resolution shall be paid out of lic Law No. 92–607, Oct. 31, 1972, the contingent fund of the House of 86 Stat. 1509. Representatives. (c) This resolution shall become effective on the effective date of the first adjustment, following the effec- § 18. Duties of the Clerk tive date of this resolution, in the annual rate of basic pay of offices and positions under the Executive The duties of the Clerk are pre- Schedule in subchapter II of chapter scribed by statute and by the 53 of title 5, United States Code. rules of the House.(19) The Clerk’s In offering the resolution, the responsibilities include (1) pre- Chairman of the Committee on paring for and presiding at the House Administration, Mr. Hays, commencement of Congress and explained: after the death of a Speaker; (20) . . . [T]he intent of the resolution is (2) assisting the House in legisla- that if and when there is another ad- tive and nonlegislative busi- justment in salaries of Members of ness; (1) (3) receiving and submit- Congress that the officers mentioned herein will be placed in a lower grade 19. See Rule III, House Rules and Man- level so that there will be a wider gap ual § § 637–647 (1973) for general between the salary of the Doorkeeper duties of the Clerk. and that of a Member of Congress. At the present time the salary of a Mem- 20. See Rule III clause 1, House Rules ber of Congress, as the gentleman from and Manual §§ 637, 638 (1973); 2 Missouri well knows, is $42,500. The USC § 26. Doorkeeper’s salary is $40,000. There 1. See, for example, Rule III clause 3, has been a lot of criticism and com- House Rules and Manual §§ 641–646 ment. This does not do anything to (1973), 2 USC § 109, and §§ 18.3– him and the others now. It does not do 18.8, infra.

583 Ch. 6 § 18 DESCHLER’S PRECEDENTS ting documents; (2) (4) assisting in- To assist the House in its con- dividual Members; (3) and (5) pay- sideration of bills and resolutions, ing the officers and employees of the Clerk,(8) notes all questions of the House.(4) order and decisions thereon and Prior to the commencement of places them in the Journal, which the first session of each Congress, he prints and distributes at the the Clerk prepares the roll of Rep- close of each session, and certifies resentatives-elect.(5) At the first to the passage of all bills and res- (6) olutions. He allows no papers out session of each Congress, he (9) calls Members to order, calls the of his custody except by order of the House; (10) reports disorderly roll of Members by states in al- words of a Member who has been phabetical order, and pending the called to order; (11) reads bills; (12) election of a Speaker or Speaker makes corrections during engross- pro tempore, preserves order and ment of a bill when authorized by decides all questions of order sub- the House; (13) reads names alpha- ject to appeal by any Member. betically; (14) and presents enrolled The Clerk also announces re- bills to the Speaker for signature ceipt of credentials, recognizes and transmits them to the Sen- nominations for Speaker, appoints ate.(15) tellers for the roll call vote for The Clerk announces pairs after Speaker, announces the vote, and votes; (16) places bills on the Con- appoints a committee to escort the Speaker-elect to the Chair.(7) 8. Rule III clause 3, House Rules and Manual §§ 641, 643 (1973). 2. See § 23.8, infra, for a discussion of 9. See Jefferson’s Manual, House Rules the procedure when the Clerk re- and Manual § 352 (1973). ceives a subpena. 10. Rule XXXVII, House Rules and Man- 3. See, for example, Rule III clause 2, ual § 933 (1973). House Rules and Manual § 640 11. Jefferson’s Manual, House Rules and (1973) and 2 USC § 26; see also Manual § 368, and Rule XIV clause § 18.9, infra. 5, § 761 (1973). 4. See for example Rule III clause 3, 12. Jefferson’s Manual, House Rules and House Rules and Manual § 646 Manual § 428 (1973). (1973) and 2 USC §§ 60d and 60e; 13. Jefferson’s Manual, House Rules and see also § 18.10, infra. Manual § 479 (1973). 5. 2 USC § 26. See, generally, Chs. 1 14. Jefferson’s Manual, § 504, and Rule and 2, supra. XV clause 1, House Rules and Man- 6. Rule III clause 1, House Rules and ual § 765 (1973). Manual §§ 637–639 (1973). 15. Jefferson’s Manual, House Rules and 7. See §§ 18.1, 18.2, infra, relating to Manual § 575 (1973). announcing credentials. Generally, 16. Rule VIII clause 2, House Rules and see Ch. 1, supra. Manual § 660 (1973).

584 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18 sent Calendar; (17) reads mo- and affixes the seal of the House tions; (18) receives all petitions, to all writs, warrants, and sub- memorials, and private bills; (19) penas issued by order of the transmits copies of amendments House; (4) retains in his office li- offered in the Committee of the brary two copies of all books and Whole to the majority and minor- documents deposited there; (5) des- ity tables and cloakrooms; (20) re- ignates an official in his office to tains custody of discharge peti- serve as Clerk during his tem- tions and provides a place where porary absence; (6) receives reports Members may sign them; (1) and of personnel and accounting of supervises the preparation of the funds from committees; (7) receives Daily Record which includes legis- all documents referred to and evi- lative programs and committee dence taken by committees after meetings for each day.(2) the final adjournment of Con- ( ) The Clerk assists the House by gress; 8 obtains all noncurrent performing duties not directly re- records of the House and each lated to consideration of bills and House funds for expenses of the resolutions. For example, he House barbershops (2 USC § 96). makes or approves all agreements The Clerk, not the Assistant Post- relative to furnishing any matter master, was held to be responsible or thing, or for the performance of for making contracts following the any labor for the House; (3) attests death of the Postmaster (5 Hinds’ Precedents § 7235). 17. Rule XIII clauses 2 and 4, respec- 4. Rule III clause 3, House Rules and tively, House Rules and Manual Manual § 642 (1973). §§ 743, 746 (1973). 5. Rule III clause 3, House Rules and 18. Rule XVI clause 2, House Rules and Manual § 641 (1973). Manual § 776 (1973). 6. Rule III clause 4, House Rules and 19. Rule XXII clause 1, House Rules and Manual § 647 (1973). See 6 Cannon’s Manual § 849 (1973). Precedents § 26 for form of this des- 20. Rule XXIII clause 5, House Rules ignation; see also § 18.17, infra, for a and Manual § 870 (1973). resolution authorizing the Clerk to 1. Rule XXVII clause 4, House Rules designate a subordinate to perform and Manual § 908 (1973). his duties. 2. 44 USC § 905. 7. Rule XI clause 30, House Rules and 3. Rule III clause 3, House Rules and Manual § 738 (1973). Manual § 644 (1973). 8. Rule XXXVI clause 1, House Rules The Clerk must purchase Amer- and Manual § 932 (1973). See ican goods in preference to foreign § 18.16, infra, for form of Clerk’s re- goods of similar quality (2 USC § port of committee reports received 109) and is prohibited from using during an adjournment.

585 Ch. 6 § 18 DESCHLER’S PRECEDENTS committee and transfers them to penditures of funds available for the General Services Administra- disbursement.(16) He also submits tion for preservation subject to accounts to the General Account- House order; (9) sends to each ing Office monthly (17) and quar- state Governor a certificate in- terly.(18) forming him of the number of The Clerk receives records and Representatives to which his state other documents in connection is entitled following each decen- with campaigns for the House,(19) (10) nial census; arranges with the lobbying,(20) contested elections,(1) Board of Education of the District and contractual actions for na- of Columbia for the education of tional defense from each depart- congressional and Supreme Court ment and agency.(2) pages; (11) operates the House re- (12) cording studio; and obtains sta- 16. The Clerk is authorized to require ( ) tionery. 13 from his subordinate disbursing offi- The Clerk is required both to cers precise and analytical state- submit and receive certain documents and receipts for all funds ex- ments. For example, he submits to pended by them (2 USC § 103). 2 the House at the commencement USC § 104a. of each Congress detailed state- 17. 31 USC § 496. ments disclosing names of clerks 18. 31 USC § 497. 31 USC § 72 (para- employed in his office and expend- graph 8) provides that the General Accounting Office shall receive the itures from the contingent accounts of the House of Representa- (14) fund. He also reports amounts tives and certify balances arising received and expended by his of- thereon to the Clerk. ( ) fice, 15 as well as receipts and ex- 19. See 2 USC §§ 431 et seq., which require the Clerk to receive reports 9. Rule XXXVI clause 2, House Rules from political committees and can- and Manual § 932 (1973) and 44 didates and prescribes information to USC § 2114. be disclosed by them. 10. 2 USC § 2a. 20. See 2 USC §§ 261 et seq., which re- 11. 2 USC § 88a. quire the Clerk to receive registra- 12. 2 USC § 123c. tion information from lobbyists and 13. 2 USC § 100; 44 USC § 734. See also statements of accounts from persons 5 Hinds’ Precedents § 7322. receiving contributions. 14. 2 USC § 102. 1. See 2 USC §§ 381 et seq., which re- See § 18.12, infra, which stases quire the Clerk to receive notice of that responsibility for printing this contested elections and all docu- report has been assumed by the ments and depositions relating to Committee on House Administration. such contests. 15. 2 USC §§ 103, 113. 2. 50 USC § 1434(b).

586 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

The Clerk performs many du- Duties Prior to Election of a ties for the House membership. Speaker For example, he furnishes a list of reports required to be made to § 18.1 The Clerk, after receiv- Congress.(3) He procures post- ing a certificate of election age,(4) approves vouchers for pay- filed in due form, has placed ment of home district office ex- the name of the Member so penses,(5) furnishes electrical and named on the roll notwith- mechanical office equipment,(6) standing the fact that the and reimburses Members a fixed secretary of state of the amount for long distance tele- Member-elect’s state was re- phone calls.(7) strained by court order from The Clerk pays the officers and certifying the election of a employees of the House,(8) as well Representative from that dis- as clerks designated by the mem- trict. (9) bership. On Jan. 3, 1949,(10) the Clerk, 3. Rule III clause 2, House Rules and Ralph R. Roberts, made the fol- Manual § 640 (1973). lowing announcement to the 4. 2 USC § 42. House: 5. 2 USC §§ 22, 56. STATEMENT REGARDING CERTAIN 6. 2 USC § 112e. CREDENTIALS 7. 2 USC § 46g–1. THE CLERK: A certificate of election 8. 2 USC §§ 60d and 60e. See also Rule is on file in the Clerk’s office, showing III clause 3, House Rules and Man- the election of John C. Davies as a ual § 646 (1973). Representative-elect to the Eighty-first Congress from the Thirty-fifth Con- 9. 2 USC § 92. gressional District of the State of New The Clerk makes a monthly certifi- York. cate stating whether persons listed Several communications have been as employees were actually present received from the executive deputy sec- (2 USC § 89) and is authorized to withhold from compensation any which a new Clerk is elected and amount which an employee owes to qualified. The other, codified as 2 the House (2 USC § 89a). USC § 49, authorizes the Clerk to Congress enacted two statutes sign certificates for monthly com- dealing with continuity of disburse- pensation during the recess between ment. One, codified as 2 USC § 75a, the first and second sessions. the authorizes the disbursing clerk to Speaker signs these certificates (2 continue the accounts, make pay- USC § 48) when the House holds ses- ments, and sign checks in the name sions. of the former Clerk for a period not 10. 95 CONG. REC. 8, 81st Cong. 1st extending beyond the quarter during Sess.

587 Ch. 6 § 18 DESCHLER’S PRECEDENTS

retary of state for the State of New and painful duty to announce to the York informing the Clerk that a case is House the sudden death of your be- pending before the supreme court, Al- loved Speaker, the Honorable Joseph bany County, N. Y., and that the said W. Byrns, a Representative from the secretary of state is restrained from State of Tennessee. certifying the election of a Representa- Speaker Byrns presided over the tive from this congressional district. House on yesterday, presumably in his However, in view of the fact that a cer- accustomed good health, but shortly tificate of election in due form has after his arrival at his apartment he been filed with the Clerk by John C. was stricken and soon thereafter Davies, the Clerk has therefore placed passed away. In his death this House his name on the roll.... has suffered the loss of an able, fair, The Clerk made this announce- and impartial presiding officer; the ment after the quorum call and country a legislator of long experience, before the election of the Speak- a statesman of courage and marked er.(11) ability; and his State of Tennessee a noteworthy citizen. § 18.2 Following the death The duty of selecting one to preside over the deliberations of the House of a Speaker during a now rests upon you. Congress, the Clerk pre- MR. [JOHN J.] O’CONNOR [of New sides until a new Speak- York]: Mr. Clerk, in view of the unfortunate circumstances in which we find er is elected and ap- ourselves, and with no disrespect to points a committee to es- our beloved Speaker who has left us, it becomes necessary, in order that the cort the Speaker-elect to House may function and the machinery the Chair.(12) of government may not stop, that the House proceed to the election of a On Thursday, June 4, 1936,(13) Speaker. the Clerk, South Trimble, called I present the following resolution the House to order and made the and move its adoption. following announcement: The Clerk read as follows: OUSE ESOLUTION THE CLERK: Gentlemen of the House H R 543 of Representatives, it becomes my sad Resolved, That Hon. William B. Bankhead, a Representative from 11. See § 18.19, infra, for the form of the the State of Alabama, be, and he is Clerk’s announcement of receipt of a hereby, elected Speaker of the House of Representatives. certificate of election. Resolved, That the President and 12. See Ch. 1, supra, for a discussion of the Senate be notified by the Clerk the Clerk’s duty to preside until a of the election of Hon. William B. Speaker is elected at the commence- Bankhead as Speaker of the House ment of each Congress. of Representatives. 13. 80 CONG. REC. 9016, 9017, 74th THE CLERK: The question is on Cong. 2d Sess. agreeing to the resolution.

588 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

The resolution was agreed to. passed away yesterday morning at the A motion to reconsider was laid on Naval Hospital in this city. the table. America has lost one of her greatest THE CLERK: The Clerk appoints the statesmen and patriots, the House of gentleman from New York [Mr. O’Con- Representatives a most able and elo- nor], the gentleman from New York quent Speaker, and the State of Ala- [Mr. Snell], and the gentleman from bama a noble and courageous son. Colorado [Mr. Taylor] to escort the In accordance with the rules and gentleman from Alabama [Mr. practices of the House of Representa- Bankhead] to the chair. tives, it now becomes the duty of this The committee escorted Mr. House to elect a Speaker. What is the Bankhead into the Chamber, and he pleasure of this House? assumed the chair. The oath of office MR. [JOHN W.] MCCORMACK [of Mas- was administered to the Speaker-elect sachusetts]: Mr. Clerk, in view of the by Mr. Sabath.(14) unfortunate circumstances in which the House finds itself, and with a feel- ( ) On Monday, Sept. 16, 1940, 15 ing of very profound respect for the the Clerk, South Trimble, called memory of our beloved Speaker who the House to order and made the has left us, it becomes necessary, in following announcement: order that the House may continue to function and the machinery of Govern- THE CLERK: Members of the House ment may go on, that the House proof Representatives, it becomes my sad ceed to the election of a Speaker. and painful duty, as Clerk of the I therefore offer the following resolu- House of Representatives, to inform tion, and move its adoption. you officially that your beloved Speak- The Clerk read as follows: er [William B. Bankhead, of Alabama] HOUSE RESOLUTION 602 14. Parliamentarian’s Note: Joseph W. Resolved, That Hon. Sam Rayburn, Byrns (Tenn.) was the first Speaker a Representative from the State of to die while Congress was in session. Texas, be, and he is hereby, elected Speaker Michael C. Kerr (Ind.) died Speaker of the House of Representa- tives. on Aug. 19, 1876, between sessions. Resolved, That the President and Following the death of Speaker Kerr, the Senate be notified by the Clerk the Clerk, George M. Adams, called of the election of Hon. Sam Rayburn the House to order at the commence- as Speaker of the House of Rep- ment of the second session on Dec. 4, resentatives. 1876 (see 5 CONG. REC. 2–6, 44th The resolution was agreed to. Cong. 2d Sess., and 1 Cannon’s THE CLERK: The Clerk appoints the Precedents § 214). Speaker Henry T. gentleman from Massachusetts [Mr. Rainey (Ill.) died on Aug. 19, 1934, McCormack], the gentleman from Mas- after the second session of the 73d sachusetts [Mr. Martin], and the gen- Congress had adjourned. tleman from North Carolina [Mr. 15. 86 CONG. REC. 12231, 76th Cong. 3d Doughton] to escort the gentleman Sess. from Texas [Mr. Rayburn] to the chair.

589 Ch. 6 § 18 DESCHLER’S PRECEDENTS

The committee escorted Mr. Rayburn The Clerk recognizes the gentleman into the Chamber, and he assumed the from Pennsylvania [Mr. Francis Eu- chair. gene Walter]. The oath of office was administered MR. WALTER: Mr. Clerk, as chairman to the Speaker-elect by Mr. Sabath. of the Democratic caucus I am directed MR. [ROBERT L.] DOUGHTON: Ladies by the unanimous vote of that caucus and gentlemen of the House, I present to present for election to the office of the newly elected Speaker of the House Speaker of the House of Representa- of Representatives, a worthy successor tives the name of the Honorable John to our late beloved Speaker the Honor- W. McCormack, a Representative from able William B. Bankhead, the gen- the State of Massachusetts. tleman from Texas [Mr. Rayburn]. THE CLERK: The gentleman from THE SPEAKER: The Chaplain will Iowa [Mr. Hoeven] is recognized. offer prayer. MR. [CHARLES B.] HOEVEN: Mr. On Jan. 10, 1962,(16) the Clerk, Clerk, by authority, by direction, and by unanimous vote of the Republican Ralph R. Roberts, called the conference, I nominate for Speaker of House to order and made the fol- the House of Representatives the Hon- lowing announcement: orable Charles A. Halleck, a Rep- resentative from the State of Indiana. Members of the House of Represent- atives, the time has arrived for the THE CLERK: The Honorable John W. meeting of the 2d session of the 87th McCormack of Massachusetts and the Congress. Since the last session of Honorable Charles A. Halleck of Indi- Congress the great and beloved Speak- ana have been nominated for Speaker. er of the House [Sam Rayburn, of Are there further nominations? Texas] has departed this life. [After a pause.] If there are no further The Clerk of the House, in con- nominations, the Clerk will appoint formity with the rules, has called the the following Members to act as tellers: House to order for the purpose of elect- the gentleman from Texas [Mr. ing a Speaker. The roll will be called to Burleson]; the gentlewoman from Mis- ascertain whether a quorum is present. souri [Mrs. Sullivan]; the gentleman The Clerk will call the roll.... from Ohio [Mr. Schenck]; and the gentlewoman from Tennessee [Mrs. Following a quorum call, the Reece]. Clerk proceeded to the election of The tellers will please take their the Speaker. places at the desk in front of the Speaker’s rostrum. ELECTION OF SPEAKER The roll will now be called, and THE CLERK: Nominations for Speak- Members responding to their names er of the House of Representatives are will indicate by surname the candidate now in order. of their choice. The Clerk will call the roll.... 16. 108 CONG. REC. 5, 87th Cong. 2d THE CLERK: The tellers agree in Sess. their tally. The total number of votes

590 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

cast was 414, of which the Honorable the House I did this day deliver to John W. McCormack received 248, and the Supreme Court of the United the Honorable Charles A. Halleck re- States, in session, copies of the reso- ceived 166. Two voted ‘‘present.’’ lutions adopted by the House of Rep- resentatives on March 10, 1930, ex- Therefore, the Honorable John W. pressing the sorrow of the House be- McCormack of Massachusetts is the cause of the death of William How- duly elected Speaker of the House of ard Taft, former Chief Justice, and of Representatives for the 87th Congress. Edward Terry Sanford, late associate The Clerk appoints the following justice of the Supreme Court. Members to escort the Speaker-elect to Mr. Chief Justice Hughes, on behalf of the court expressed apprecia- the Chair: The gentleman from Indi- tion of the action of the House of ana [Mr. Halleck] and the gentleman Representatives and directed that from Oklahoma [Mr. Albert]. the resolutions be spread upon the (The Doorkeeper announced the court’s records. Speaker-elect of the House of Rep- Respectfully, resentatives, who was escorted to the ( ) WILLIAM TYLER PAGE, Chair by the committee of escort. 17 Clerk of the House of Representatives. Reports to the House § 18.4 The Clerk has reported § 18.3 The Clerk reported to to the House receipt of a the House delivery of a mes- message from a former Presi- sage to the Supreme Court. dent. On Mar. 14, 1930,(18) the Clerk On June 16, 1969,(19) the Speak- read the following letter: er, John W. McCormack, of Mas- The Speaker of the House of Rep- sachusetts, laid before the House resentatives. the following letter from the SIR: I have the honor to inform Clerk: you that pursuant to the direction of JUNE 11, 1969. The Honorable the SPEAKER, 17. Parliamentarian’s Note: Speaker U.S. House of Representatives. Rayburn presided over the House for DEAR SIR: I have the honor to the last time on Aug. 30, 1961. On transmit herewith a letter of thanks Aug. 31, 1961, John W. McCormack to the Members of the House of Rep- by resolution was elected Speaker resentatives from the Honorable pro tempore ‘‘during the absence of Harry S. Truman, for the resolution the Speaker.’’ of the Congress of the United States of America extending best wishes on The first session of the 87th Con- the occasion of Mr. Truman’s 85th gress adjourned sine die on Sept. 27, birthday. 1961. Speaker Rayburn died on Nov. With kindest regards, I am, 16, 1961, in Bonham, Tex. 18. 72 CONG. REC. 5330, 71st Cong. 2d 19. 115 CONG. REC. 15822, 91st Cong. Sess. 1st Sess.

591 Ch. 6 § 18 DESCHLER’S PRECEDENTS

Sincerely, Renumbering of Bill Sections W. PAT JENNINGS, Clerk, § 18.6 During a meeting of the U.S. House of Representatives. House, but not the Com- Roll Call Duties mittee of the Whole, the Clerk may be authorized to § 18.5 Prior to implementation renumber sections of a bill of electronic voting, the following an amendment Clerk called the roll at the made in the Committee. direction of the Chair when On Apr. 29, 1969,(2) a Member, the Committee of the Whole Hastings Keith, of Massachusetts, lacked a quorum. made a parliamentary inquiry re- On May 3, 1933,(20), the Clerk garding the Clerk’s authority to called the roll after receiving a di- renumber sections of a bill: rection from the Chair, Samuel MR. KEITH: Mr. Chairman, I, of Davis McReynolds, of Tennessee. course, have no objection to this amendment but I do have a parliamen- Chairman McReynolds had over- tary inquiry. ruled a point of order that the roll THE CHAIRMAN [Jacob H. Gilbert, of call was not in order in the Com- New York]: The gentleman will state mittee of the Whole. The Com- the parliamentary inquiry. MR. KEITH: Mr. Chairman, if the mittee did not have a quorum and amendment is adopted and I hope and rejected a motion to rise. The trust it will be; would that not require Chair ordered the roll call pursu- the renumbering of the lines in which ant to Rule XXIII clause 2, of the the earlier amendments have been in- House Rules and Manual.(1) corporated into the existing legislation? THE CHAIRMAN: The gentleman may request that the Clerk be authorized to 20. 77 CONG. REC. 2834, 73d Cong. 1st renumber accordingly. Sess. MR. KEITH: I would so request. 1. Under the electronic voting system THE CHAIRMAN: The gentleman may adopted in January 1973, the Chair- make the request that the Clerk be au- man ordinarily directs the Members thorized to renumber the sections ac- to record their presence by electronic cordingly after the Committee rises device when the Committee of the and we are in the House.(3) Whole lacks a quorum, thereby obvi- ating the need for the Clerk to call 2. 115 CONG. REC. 10753, 91st Cong. the roll. See Rule XXIII clause 2, 1st Sess. House Rules and Manual § 863 3. See Jefferson’s Manual, House Rules (1973). Generally, see Ch. 30, infra, and Manual § 479 (1973) for author- noting that the Clerk still calls the ity to amend section numbers pursu- roll under certain circumstances. ant to resolution.

592 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

Duties Related to the Seal of Keeping Custody of House the House Records § 18.7 The Clerk has been au- § 18.8 At the direction of the thorized to purchase a new House, the Clerk may make seal for the House. available certain records. ( ) On Dec. 18, 1963,(4) a Member, On June 16, 1953, 5 by direc- Samuel N. Friedel, of Maryland, tion of the committee on House offered and the House passed the Administration, a Member, Karl M. LeCompte, of Iowa, offered and following resolution (H. Res. 560): the House agreed to the following Resolved, That the Clerk of the resolution (H. Res. 288): House of Representatives shall procure Resolved, That the Clerk of the a new seal and press for the use of the House is authorized to permit the Ad- House of Representatives, which shall ministrator of General Services to possess fifty stars, emblematic of the make available for use— fifty States of the Union, and shall de- (1) any records of the House of Rep- pict the Capitol as it currently ap- resentatives, transferred to the Na- pears. tional Archives, which have been in ex- Resolved, That upon approval of the istence for not less than 50 years, ex- new seal by the Committee on House cept when he determines that the use Administration, the chairman shall no- of such records would be detrimental tify the Speaker and it shall then be- to the public interest; and come the official great seal of the (2) any records of the House of Rep- resentatives, transferred to the Na- House of Representatives. tional Archives, which have previously Resolved, That the Clerk shall fur- been made public. nish an impression of the new official Sec. 2. Such permission may con- great seal of the House of Representa- tinue so long as it is consistent with tives to the Administrator of General the rights and privileges of the House Services. of Representatives. Resolved, That the necessary ex- On Oct. 2, 1964,(6) a Member, penses for procuring the new seal shall Omar T. Burleson, of Texas, of- be paid out of the contingent fund of fered and the House passed the the House on vouchers signed by the following House resolution (H. Clerk and approved by the Committee on House Administration. Res. 902): Resolved, That upon assurances of The resolution was agreed to and proper protection, preservation, and re- the motion to reconsider was laid on the table. 5. 99 CONG. REC. 6641, 83d Cong. 1st Sess. 4. 109 CONG. REC. 24912, 88th Cong. 6. 110 CONG. REC. 23785, 88th Cong. 1st Sess. 2d Sess.

593 Ch. 6 § 18 DESCHLER’S PRECEDENTS

turn, the Clerk of the House of Rep- furnish identification cards resentatives is directed to make avail- for House and Members’ em- able to the Administrator of General Services the records of the House of ployees. Representatives relating to the First On July 1, 1965,(9) a Member, Federal Congress for reproduction and Wayne L. Hays, of Ohio, by direc- publication in accordance with the his- tion of the Committee on House torical objectives of Public Law 88– Administration, introduced and 383.(7) the House passed the following On July 23, 1947,(8) a Member, resolution (H. Res. 261): Justin Leroy Johnson, of Cali- Resolved . . . fornia, offered and the House That, upon the request of the passed the following resolution (H. Speaker, a Member, elected officer of Res. 325): the House of Representatives, or the chairman of any committee of the Resolved, That the Clerk of the House, the Clerk of the House of House of Representatives be, and he is Representatives shall furnish cards hereby, authorized to transmit to the of identification to such employees under their jurisdiction as they may California State Library at Sac- designate. Each such card shall be ramento, Calif., photostatic copies of signed by the Speaker, Member, offi- the memorial and attendant papers in cer, or committee chairman con- the files of the House relating to the cerned, and shall not be valid for a bill H.R. 3818 of the Forty-fourth Con- longer period than the duration of one session of a Congress. gress entitled ‘‘An act for the relief of John A. Sutter,’’ the cost of such photo- The resolution was agreed to. static copies to be paid by the Cali- A motion to reconsider was laid on fornia State Library. the table. Parliamentarian’s Note: The pa- Payroll Duties pers referred to in this precedent were stored in the National Ar- § 18.10 The House by resolu- chives. tion has authorized the Clerk to transfer funds from bal- Identification Cards ances available to him in several accounts under his ad- § 18.9 The House by resolution ministrative control to meet has authorized the Clerk to employee payrolls pending 7. Pub. L. No. 88–383 (see 44 USCA enactment of an appropria- § 2504 note) authorized a historical tion bill carrying funds for compilation of records of the First that purpose. Congress. 8. 93 CONG. REC. 9885, 80th Cong. 1st 9. 111 CONG. REC. 15501, 15502, 89th Sess. Cong. 1st Sess.

594 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

On May 28, 1969,(10) Mr. Sam- assumed responsibility for the uel N. Friedel, of Maryland, by di- computer operations of the House. rection of the Committee on By direction of this committee, House Administration offered and Mr. Frank J. Thompson, Jr., of the House agreed to the following New Jersey, offered and the resolution (H. Res. 425): House agreed to the following res- Resolved, That the Clerk of the olution (H. Res 601): House and Sergeant at Arms be and is hereby directed to pay such sum as Resolved, That during the Ninety may be necessary, from the balance second Congress, the Committee on available of the 1968 appropriation House Administration is authorized to and the various funds of the 1969 ap- incur such expenses (not in excess of propriation, where balances may be $1,500,000) as the committee considers available, for the House of Representa- tives to meet the May and June payroll advisable to provide for maintenance of Members, officers of the House, and and improvement of ongoing computer employees of the House. Moneys ex- services for the House of Representa- pended from these funds and/or appro- tives and for the investigation of addi- priations by the Sergeant at Arms and tional computer services for the House the Clerk will be repaid to the funds of Representatives, including expendi- and/or appropriations from the Ser- tures for the employment of technical, geant at Arms and Clerk’s supple- clerical, and other assistants, for the mental appropriation upon its ap- procurement of services of individual proval.(11) consultants or organizations thereof pursuant to section 202(i) of the Legis- Computer Services lative Reorganization Act of 1946 (2 § 18.11 The Clerk’s responsi- U.S.C. 72a(i)), and for the procurement of equipment by contract or otherwise. bility for computer oper- Such expenses shall be paid out of the ations has been assumed by contingent fund of the House on vouch- the Committee on House Ad- ers authorized and approved by such ministration. committee, and signed by the chairman thereof. Not to exceed $1,000,000 of (12) On Nov. 9, 1971, the Com- the total amount provided by this reso- mittee on House Administration lution may be used to procure the temporary or intermittent services of indi- 10. 115 CONG. REC. 14165–67, 91st vidual consultants or organizations Cong. 1st Sess. thereof pursuant to section 202(i) of 11. Parliamentarian’s Note: This resolu- the Legislative Reorganization. Act of tion was passed to provide payroll 1946 (2 U.S.C. 72a(i)); but this mone- funds because the Committee on tary limitation on the procurement of House Administration had been ad- such services shall not prevent the use vised that funds previously appro- of such funds for any other authorized priated were exhausted. purpose. 12. 117 CONG. REC. 40015–17, 92d Cong. Sec. 2. No part of the funds author- 1st Sess. ized by this resolution shall be avail-

595 Ch. 6 § 18 DESCHLER’S PRECEDENTS

able for expenditures in connection Administration shall have exclusive re- with the study or investigation of any sponsibility for prescribing the form of, subject matter which is being inves- and having printed, the portion of the tigated for the same purpose by any report of the Clerk of the House under other committee of the House. section 60 of the Revised Statutes (2 Sec. 3. Funds authorized by this res- USC 102) dealing with the contingent olution shall be expended pursuant to fund of the House. regulations established by the Com- mittee on House Administration in ac- Parliamentarian’s Note: Prior to cordance with existing law. adoption of this resolution, the Parliamentarian’s Note: Prior to Clerk printed the report of the passage of the above resolution, Clerk of the House. the Data Processing Office of the Clerk had responsibility for com- Receipt of Messages and Re- puter operations. ports

Contingent Fund Reports § 18.13 The Clerk is sometimes authorized by resolution to § 18.12 The Clerk’s responsi- receive messages during ad- bility for printing the Clerk’s journments. report dealing with the con- On June 22, 1940,(14) for exam- tingent fund has been as- ple, Mr. Sam Rayburn, of Texas, sumed by the Committee on offered and the House agreed to House Administration. the following resolution (H. Res. ( ) On Sept. 23, 1961, 13 the Com- 545) mittee on House Administration assumed responsibility for print- Resolved, That notwithstanding the recess or the adjournment of the House ing the report of the Clerk of the until July 1, 1940, the Clerk of the House, dealing with the contin- House is hereby authorized to receive gent fund, pursuant to 2 USCA messages from the Senate and the § 102. By direction of the Com- Speaker be, and he is hereby, author- mittee on House Administration, ized to sign any enrolled bills or joint Mr. Omar T. Burleson, of Texas, resolutions duly passed by the two offered and the House agreed to 14. 86 CONG. REC. 9085, 76th Cong. 3d the following resolution (H. Res. Sess. 476): See also 108 CONG. REC. 577, 87th Resolved, That, until otherwise pro- Cong. 2d Sess., Jan. 22, 1962; 108 vided by law, the Committee on House CONG. REC. 9524, 87th Cong. 2d Sess., May 31, 1962; 110 CONG. REC. 13. 107 CONG. REC. 20946, 87th Cong. 16248, 16249, 88th Cong. 2d Sess., 1st Sess. July 20, 1964, for similar instances.

596 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

Houses and which have been examined § 18.15 The Clerk reports re- by the Committee on Enrolled Bills and found truly enrolled. ceipt of a message from the The resolution was agreed to. Senate to the Speaker who lays the matter before the § 18.14 The Clerk reports re- House. ceipt during adjournment of When the Clerk during an ad- a message from the Presi- journment receives a message dent to the Speaker who lays from the Senate, he transmits it it before the House. with a covering letter to the When the clerk during an ad- Speaker who lays both commu- journment receives a message nications before the House.(17) For ( ) from the President 15 he trans- example, on June 28, 1965,(18) the mits the message with a covering Speaker, John W. McCormack, of letter to the Speaker who lays Massachusetts, laid before the both communications before the House the following communica- House. tion: For example on Feb. 20, JUNE 25, 1965. 1969,(16) the Speaker, John W. The Honorable the SPEAKER, McCormack, of Massachusetts, House of Representatives. laid before the House the fol- SIR: Pursuant to authority granted lowing communication from the on June 24, 1965, the Clerk received Clerk: from the Secretary of the Senate The Honorable the SPEAKER, today, the following message: U.S. House of Representatives. That the Senate passed H.J. Res. 541, entitled ‘‘Joint resolution to ex- DEAR SIR: I have the honor to tend the Area Redevelopment Act for transmit herewith a sealed envelope a period of 2 months.’’ addressed to the Speaker of the Respectfully yours, House of Representatives, said to RALPH R. ROBERTS, contain a message from the Presi- Clerk, dent wherein he transmits a special U.S. House of Representatives. study regarding the administration of the Headstart program. This envelope was received in the Office of the § 18.16 The Clerk reports re- Clerk at 3:55 p.m. on Wednesday, ceipt of committee reports February 19, 1969. received during adjournment Sincerely, PAT JENNINGS, Clerk. 17. See for example, 103 CONG. REC. 13161, 85th Cong. 2d Sess., July 7, 15. See § 18.4, supra, for procedure when 1958; and 103 CONG. REC. 13675, receiving a message from a former 85th Cong. 2d Sess., July 14, 1958, President. for similar instances. 16. 115 CONG. REC 4088, 91st Cong. 1st 18. 111 CONG. REC. 14845, 89th Cong. Sess. 1st Sess.

597 Ch. 6 § 18 DESCHLER’S PRECEDENTS

to the Speaker who lays the For example, on July 26, communication before the 1947,(20) the following occurred:

House. MR. [CHARLES A.] HALLECK [of Indi- On Jan. 10, 1947,(19) the Speak- ana]: Mr. Speaker, I offer a resolution er, Joseph W. Martin, Jr., of Mas- (H. Res. 351) and ask for its immediate sachusetts, laid before the House consideration. . the following communication: Resolved, That in order that the JANUARY 8, 1947. duties of his office may be dis- The Honorable the SPEAKER charged in case of his absence or dis- House of Representatives. ability or in case his office should become vacant, the Clerk of the House SIR: During the interim between of Representatives on or before July the adjournment of the second ses- 26, 1947, shall designate a subordi- sion of the Seventy-ninth Congress nate in his office to perform the du- and the convening of the Eightieth ties thereof in any such contin- Congress, the following reports were gencies until the commencement of received and printed by the Clerk of the second session of the Eightieth the House: Congress. Such designee when acting House Report No. 2729, Seventy- under this authorization, shall sub- ninth Congress: Reconversion experi- scribe himself as Acting Clerk of the ence and current economic problems. House of Representatives. Submitted by Mr. Colmer, from the Special Committee on Postwar Eco- The Clerk of the House shall nomic Policy and Planning, pursuant promptly communicate to the Speaker to House Resolution 60. Filed De- the name of the employee designated cember 12, 1946.... hereunder for the information of the House Report No. 2730, Seventy- ninth Congress: Operation of na- House. tional sales programs of surplus The resolution was agreed to. property by War Assets Administra- A motion to reconsider was laid on tion. Submitted by Mr. Slaughter, from the Select Committee To Inves- the table. tigate Disposition of Surplus Prop- erty, pursuant to House Resolution § 18.18 The Clerk designates a 385. Filed September 30, 1946.... subordinate to perform his Very truly yours, JOHN ANDREWS, duties temporarily and in- Clerk of the House of Representatives forms the Speaker who lays the communication before Designation of Subordinate the House.

§ 18.17 The Clerk has been au- 20. 93 CONG. REC. 10518, 80th Cong. 1st thorized by resolution to des- Sess. ignate a subordinate tempo- See for example, 92 CONG. REC. rarily to perform his duties. 10781, 79th Cong. 2d Sess., Aug. 2, 1946; and 94 CONG. REC. 9348, 80th 19. 93 CONG. REC. 236, 237, 80th Cong. Cong. 2d Sess., June 19, 1948, for 1st Sess. other resolutions.

598 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 18

On July 26, 1947,(1) the Speak- House today, I have designated Mr. er, Joseph W. Martin, Jr., of Mas- Harry Newlin Megill, an official in my office, to discharge the duties sachusetts, laid before the House contemplated by said resolution. (2) the following communication Respectfully yours, which was read by the Clerk: JOHN ANDREWS, JULY 26, 1947. The Honorable the SPEAKER, Clerk of the House of Representatives. House of Representatives. SIR: Pursuant to the provisions of House Resolution 351 adopted by the Receipt of Election Certificate 1. 93 CONG. REC. 10518, 80th Cong 1st Sess., July 26, 1947. See also Ch. 1 § 18.19 The Clerk reports re- § 5, supra, form for designation of an ceipt of an election certifi- acting Clerk to preside until election of a Speaker and Rule III clause 4, cate for a vacant seat to the House Rules and Manual § 647 Speaker who lays the com- (1973), which authorizes the Clerk to munication before the House. designate an official in his office to sign all papers and perform other On Feb. 23, 1966,(3) the Speak- acts, except such as are provided by statute, that may be required under er, John W. McCormack, of Mas- the rules and practice of the House sachusetts, laid before the House to be done by the Clerk. Clerks have designated authority the following communication: to subordinates for temporary peri- FEBRUARY 22, 1966. ods both with and without authorizing resolutions passed prior to the The Honorable the SPEAKER, House of Representatives. designations. Compare 92 CONG. REC 10768, 10781, 79th Cong. 2d SIR: A certificate in due form of Sess., Aug. 2, 1946; 93 CONG. REC. law showing the election of Theodore 10518, 80th Cong. 1st Sess., July 26, R. Kupferman as a Representative- elect to the 89th Congress from the 1947; and 93 CONG. REC. 9348, 80th 17th Congressional District of the Cong. 2d Sess., June 19, 1948, in- State of New York, to fill the va- stances where resolutions authorized cancy caused by the resignation of designations, with, for example, 109 John V. Lindsay, is on file in this of- CONG. REC. 10025, 88th Cong. 2d fice. Sess., May 5, 1964; 111 CONG. REC. Respectfully yours, 2759, 89th Cong. 1st Sess., Feb. 16, RALPH R. ROBERTS, 1965; and 114 CONG. REC. 30617, Clerk, 90th Cong. 2d Sess., Oct. 10, 1968, instances where no resolutions pre- U.S. House of Representatives. ceded the designations. 2. See also 6 Cannon’s Precedents § 26, 3. 112 CONG. REC. 3667, 89th Cong. 2d for another form of designation. Sess.

599 Ch. 6 § 19 DESCHLER’S PRECEDENTS

§ 19. Duties of the Ser- As the officer charged with enforc- geant at Arms ing the authority of the House, the Sergeant at Arms, under the This section describes and dis- rules, strictly enforces the prohibi- cusses the duties of the Sergeant tion against Members walking across or out of the Hall of the at Arms.(4) House while the Speaker address- The general duties of the Ser- es the House,(6) appoints officers geant at Arms are prescribed by to send for and arrest absent the House rules (Rule IV clause 1) Members when so ordered by the and by statute. Under these provi- Speaker after a call of the House sions, the Sergeant at Arms main- by 15 Members including the tains order, including execution of Speaker,(7) and brings absent arrest warrants for persons cited Members before the House.(8) for contempt of the House or a committee, and keeps accounts for 6. Rule XIV clause 7, House Rules and the pay mileage and pays Mem- Manual § 763 (1973). bers, Delegates, and the Resident 7. Rule XV clause 2, House Rules and Commissioner from Puerto Rico. Manual § 768 (1973). The symbol of his office is a mace, 8. Rule XV clause 4, House Rules and Manual § 773 (1973). which is borne by him while en- During a call of the House, the (5) forcing order on tire floor. Sergeant at Arms is required to ar- Other rules and statutes impose rest absent Members wherever they specific duties to maintain order. may be found (4 Hinds’ Precedents § 3017), detains those who are 4. See other chapters for discussions of present, and brings in absentees (4 those functions and duties of the Hinds’ Precedents §§ 3045–3048). Sergeant at Arms relating to House Pursuant to a proper motion, he re- facilities and Capitol grounds (Ch. 4, ports progress in securing a quorum supra), subpenas served on him (Ch. (6 Cannon’s Precedents § 770). 11, infra), contempt proceedings (Ch. By order of the House, after a 13, infra), investigations and inquir- Member’s complaint of unlawful aries (Ch. 15, infra), and calls of the rest, the Sergeant at Arms on one House (Ch. 20, infra). occasion investigated and amended 5. Rule IV clause 2, House Rules and the return of his warrant (4 Hinds’ Manual § 650 (1973); 2 USCA § 79. Precedents § 3021). See also 6 Can- Collateral reference: Johnson, non’s Precedents § 686, form of reso- Zeake W., Jr., The Mace of the lution for the arrest of Members ab- House of Representatives of the sent without leave; and 4 Hinds United States, 7th ed., Government Precedents § 3043, form of warrant Printing Office. Washington, D.C. and discussion of authority to issue (1969). warrants.

600 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 19

It should also be noted that the person can be brought before the Speaker, under Rule I clauses 2 proper authorities for trial.(13) and 3 (requiring the Speaker to Several statutes deal with the preserve order and have general duty of the Sergeant at Arms to control of the Hall, corridors, and keep the accounts and pay Mem- passages of the House), may im- bers.(14) Continuity of disburse- pose certain additional duties on ment is ensured by statute. For the Sergeant at Arms. For exam- example, to prevent an interrup- ple, at the direction of the Speak- tion in disbursement after a Con- er, the Sergeant at Arms has en- gress adjourns, the Sergeant at forced order with the mace,(9) Arms remains in office until his ( ) cleared the galleries,(10) and, on successor is chosen. 15 In case of one occasion, arrested a spectator the disability of the Sergeant at and confined him briefly.(11) Arms, the Treasurer of the United The Sergeant at Arms has been States disburses the pay of Mem- granted statutory authority to bers, Delegates, and the Resident preserve order outside the Hall of Commissioner from Puerto (16) the House. He is one of those who Rico. The Sergeant at Arms is sits on the Capitol Police Board, authorized to purchase insurance to protect the funds of his office. which directs the activities of the The premiums are paid out of the Capitol Police.(12) With the Ser- contingent fund of the House until geant at Arms of the Senate, he otherwise provided by law.(17) He develops regulations to preserve may not receive additional com- the peace and to secure the Cap- itol from defacement; and he may 13. 40 USCA § 193. arrest and detain any person vio- 14. Pay and mileage to be paid to Mem- lating these regulations until such bers (2 USC §§ 78, 80); statement of sums disbursed (2 USC § 84); adjust- 9. See Cannon’s Precedents § 258. ment of accounts during a fixed fis- 10. 2 Hinds’ Precedents § 1352. cal year (2 USC § 81). See also 2 11. 2 Hinds’ Precedents § 1605. USC § 39, which provides for deduc- 12. 40 USCA § 212a. In this capacity the tion of salary for absence from Sergeant at Arms controls the regu- House; 2 USC § 40a, which provides lation of vehicular traffic (40 USCA for deduction from salary for delin- § 2121 ; selects officers (40 USCA quent indebtedness; and 2 USC § 206 and 206a); pays salaries (40 § 80a, which provides for disburse- USCA § 207); selects uniforms (40 ment of gratuity appropriations. USCA § 210); and approves suspen- 15. 2 USC 83. sions made by the captain (40 USCA 16. 31 USC § 148. § 208). 17. 2 USC § 81c. See also § 19.4, infra.

601 Ch. 6 § 19 DESCHLER’S PRECEDENTS pensation for performing his du- accounts of pay and mileage, the ties.(18) Sergeant at Arms has several The Sergeant at Arms, at the other duties imposed by rules, commencement of each regular statutes, and precedents. He has a session, submits to the House a duty, in the absence of the Clerk, written statement of sums drawn (1) to preside until a Speaker is and disbursed and periodically re- elected,(3) (2) to prepare the roll of ports accounts to the General Ac- Members-elect prior to the com- counting Office,(19) which receives mencement of a Congress,(4) and and examines his accounts and (3) to send a certificate of the certifies to him balances arising number of Representatives to thereon according to the character which each state is entitled to the of the account.(20) And he conducts Governors following each decen- on the-spot audits of the appro- nial census.(5) The Sergeant at priated and trust funds of his of- Arms secures suitable office space fice not less frequently than once in home districts of Members,(6) ( ) each six months. 1 Amounts nec- ensures that a monument is erect- essary to adjust for incorrect pay- ed whenever a deceased Member ments resulting from errors not is interred in the Congressional caused by bad faith or lack of due Cemetery,(7) and, with the Archi- care in the trust fund account of tect of the Capitol and the Ser- the Sergeant at Arms may be paid geant at Arms of the Senate, out of the contingent fund of the serves on the Capitol Guide Board House on vouchers authorized and which oversees the Capitol Guide approved by the Committee on Service.(8) House Administration.(2) In addition to his major duties 3. As a ‘‘duty imposed by law or custom of preserving order and keeping relative to the organization of the House’’, presiding before the election 18. 2 USC § 77. of a Speaker is a statutory responsi- 19. 31 USC § § 496, 497. bility imposed by 2 USC § 26. 20. 31 USC § 72. See § 19.3, infra, for See also § 20.8, infra, in which the discussion of Romney v United Doorkeeper presided because the States, 167 F2d 521 (D.C. Cir. 1948), Clerk had died and the Sergeant at cert. denied 334 U.S. 847 (1948), Arms was absent. which held that 31 USC § 72, 496, 4. 2 USC § 26. and 497, apply to the Sergeant at 5. 2 USC § 2a(b). Arms. 6. 2 USC § 122. 1. 2 USC § 81a. 7. 2 USC § 51. 2. 2 USC § 81b. 8. 40 USC § 851.

602 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 19

Keeping Accounts of Pay and § 19.2 The House by resolution Mileage may authorize the payment to the Sergeant at Arms of an § 19.1 The House by resolution amount to cover additional has authorized the Sergeant mileage for Members for at- at Arms to transfer funds tendance at a meeting of the from balances available to Congress at a date earlier him in several accounts than that to which it ad- under his administrative journed. control to meet Members’ On Aug. 7, 1948,(11) a Member, payrolls pending enactment Ralph A. Gamble, of New York, of- of an appropriations bill car- fered the following resolution (H. rying funds for that purpose. Res. 715): (9) On May 28, 1969, a Member, Resolved, That the Clerk of the Samuel N. Friedel, of Maryland, House of Representatives is authorized by direction of the Committee on and directed to pay to the Sergeant at House Administration, offered and Arms of the House of Representatives the House agreed to the following not to exceed $171,000 out of funds appropriated under the head ‘‘Contingent resolution (H. Res. 425): expenses of the House,’’ fiscal year Resolved, That the Clerk of the 1949, for additional mileage of Mem- House and Sergeant at Arms be and is bers of the House of Representatives, hereby directed to pay such sum as Delegates from Territories, and the may be necessary, from the balance Resident Commissioner from Puerto available of the 1968 appropriation Rico, at the rate authorized by law.... and the various funds of the 1969 appropriation, where balances may be THE SPEAKER [Joseph W. Martin, available, for the House of Representa- Jr., of Massachusetts]: . . . The ques- tives to meet the May and June payroll tion is on suspending the rules and passing the resolution. of Members, officers of the House, and employees of the House. Moneys ex- Two-thirds having voted in favor pended from these funds and/or appro- thereof, the rules were suspended and the resolution was passed. priations by the Sergeant at Arms and the Clerk will be repaid to the funds and/or appropriations from the Ser- § 19.3 The Sergeant at Arms geant at Arms and Clerk’s supple- must periodically report ac- mental appropriation upon its approval.(10) funds because the Committee on House Administration had been ad- 9. 115 CONG. REC. 14165–67, 91st vised that funds previously appro- Cong. 1st Sess. priated were exhausted. 10. Parliamentarian’s Note: This resolu- 11. 94 CONG. REC. 10247, 80th Cong. 2d tion was passed to provide payroll Sess.

603 Ch. 6 § 19 DESCHLER’S PRECEDENTS

counts to the General Ac- In reaching this decision, the counting Office. court held that a statute requiring The alleged embezzlement of the General Accounting Office to funds by a Sergeant at Arms led receive and examine all ac- to a judicial review of the applica- counts (17) applies to the House bility of statutes which require ac- and that statutes requiring dis- counts to be reported to the Gen- bursing officers to submit ac- ( ) eral Accounting Office. 12 Apply- counts to the General Accounting ing statutes dealing with duties of Office monthly (18) or more fre- the Sergeant at Arms to keep ac- quently (19) apply to the Sergeant counts for the pay and mileage of ( ) Members (13) and draw req- at Arms. 20 Mr. Romney’s conten- uisitions for the compensation and tion, based on statutes (1) and mileage of Members,(14) as well as rules,(2) that these reporting du- other statutes,(15) the Court of Ap- ties do not apply to the House be- peals for the District of Columbia cause that body acts as its own Circuit affirmed the conviction of auditor, was rejected. the former Sergeant at Arms, The court held that, ‘‘Cash in Kenneth Romney, for presenting to the General Accounting Office the hands of such an official [dis- certain false statements of ac- bursing officer] manifestly con- counts and concealing a shortage by trick, scheme, and device (18 17. 31 USC § 72. USC § 80).(16) 18. 31 USC § 496. 19. 31 USC § 497. 12. See Romney v United States, 167 20. See Romney v United States, 167 F2d 521 (D.C. Cir. 1948); cert. den. F2d 521, at 524, 525 (D.C. Cir. 334 U.S. 847 (1948). 1948); cert. den. 334 U.S. 847 (1948). 13. 2 USC § 78. 1. 2 USC § 84, which requires the Ser- 14. 2 USC § 80. geant at Arms to submit to the 15. These statutes provide for: submit- House a statement of disbursements; ting to the House a statement of dis- 2 USC § 91, which directs the Com- bursements (2 USC § 84); inquiring mittee on House Administration to into compliance with certain statu- inquire into compliance with certain tory provisions by the Committee on statutory provisions; and 2 USC § 97, [House Administration (2 USC § 91); which provides for the establishment examining accounts by (2 USC § 72) of a temporary committee on ac- and submitting accounts to (31 USC counts of the House. § 496, 497) the General Accounting 2. Rule IV clause 1, House Rules and Office. Manual § 648 and 649 (1973) which 16. See Romney v United States, 167 provides that the Sergeant at Arms F2d 521, at 522, 528 (D.C. Cir. keep accounts of pay and mileage of 1948); cert. den. 334 U.S. 847 (1948). Members.

604 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 19 tinues to be the property of the thorized the Comptroller General government until it has actually to detail employees of the General been disbursed by him to persons Accounting Office to make on-the- lawfully entitled to receive it’’, spot audits of all receipts and dis- and that ‘cash drawn from the bursements pertaining to fiscal Treasury by the Sergeant at Arms records of the Sergeant at Arms is properly reported in his ac- not less frequently than once each counts current as part of the item six months. styled ‘Balance now due the United States.’ ’’ (3) Purchasing Insurance The court also rejected the ap- § 19.4 The Sergeant at Arms pellant’s contention that falsifica- may protect funds of his of- tion of the item of cash on hand fice by purchasing insurance did not violate the false claims out of the contingent fund of statute [18 USC § 80] because the House when authorized cash ceased to be government by simple resolution. property and became Members’ ( ) property at the moment the Ser- On Apr. 1, 1947, 6 Apr. 1, ( ) ( ) geant at Arms received it from the 1949, 7 and July 24, 1956, 8 the Treasury. This contention was House authorized the Sergeant at based on the appellant’s view that Arms to protect the funds of his he held the money not as a dis- office by purchasing insurance out bursing officer, but as a private of the contingent fund of the person acting as an agent for House. other private persons.(4) In each instance, a Member in- Following this decision, Con- troduced a resolution in the fol- gress enacted 63 Stat. 482 (codi- lowing form: fied as 2 USC § 81a) (5) which au- Mr. Speaker, by direction of the Committee on House Administration, I 3. See Romney v United States, 167 F2d 521, at 526, 527 (D.C. Cir. Cong. 1st Sess., July 20, 1949 (pas- 1948); cert. den. 334 U.S. 847 (1948). sage in Senate); 95 CONG. REC. [See also Crain v United States, 25 10487, 81st Cong. 1st Sess., Aug. 1, Ct. Cl. 204 (1890) which held that 1949 (announcement in House of ap- the Sergeant at Arms was a dis- proval by the President). bursing officer.] 6. 93 CONG. REC. 2971, 80th Cong. 1st 4. See Romney at p. 525. Sess. 5. See 95 CONG. REC. 9475, 81st Cong. 7. 95 CONG. REC. 3703, 81st Cong. 1st 1st Sess., July 14, 1949 (passage in Sess. House); 9. CONG. REC. 9755, 81st 8. 102 CONG. REC. 14241. 84th Cong.

605 Ch. 6 § 19 DESCHLER’S PRECEDENTS

submit a privileged resolution . . . and The Clerk read the resolution, as fol- ask for its immediate consideration. lows: The Clerk read the resolution, as fol- H. RES. 514 lows: Resolved, That the Sergeant at Arms Resolved, (a) That there is hereby of the House of Representatives is au- created select committee to be composed of three Members of the House thorized and directed to protect the of Representatives to be appointed funds of his office by purchasing insur- by the Speaker, one of whom shall ance [in stated amounts], providing be designated as chairman. Any va- protection against loss with respect to cancy occurring in the membership such funds. Until otherwise provided of the committee shall be filled in by law, premiums on such insurance the same manner in which the original appointment was made. shall be paid out of the contingent (b) The said committee is hereby fund of the House on vouchers signed authorized to exercise direction over by the Sergeant at Arms and approved the Sergeant at Arms of the House by the Committee on House Adminis- of Representatives in the assignment tration. of space for outdoor parking of auto- In each case the resolution was mobiles in squares 639, south of 635, and G92, located adjacent to the agreed to and a motion to recon- House Office Buildings, and for all sider was laid on the table. other outdoor parking of automobiles on the House side of the United States Capitol Grounds.... Regulation of Parking The resolution was agreed to. § 19.5 The Sergeant at Arms assigns space for outdoor parking of automobiles § 20. Duties of the Door- under direction of the Select keeper Committee to Regulate Park- ing. Under Rule V clause 1, of the (10) On June 28, 1967,(9) a select House Houses and Manual, the (11) committee charged with responsi- Doorkeeper enforces rules relating to privileges of the Hall of bility for outdoor parking on the the House. Under Rule V clause House side of the Capitol was created. 10. See 1 Hinds’ Precedents § 260 for the MR. [B. F.] SISK [of California]: Mr. origin of Rule V clause 1. Speaker, by direction of the Committee 11. These rules include Rule XXXI on Rules, I call up House Resolution House Rules and Manual § 918 514 and ask for its immediate consid- (1973) relating to the Hall of the eration. House; and Rule XXXII clauses 1, 2, House Rules and Manual § 919–921 9. 113 CONG. REC. 17791, 17792, 90th (1973), relating to admission to the Cong. 1st Sess. floor.

606 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 20

2,(12) he allows no person to enter rules imposes on the Doorkeeper the Hall of the House during ses- duties in addition to those men- sions, and clears the floor of all tioned above. Thus, pursuant to persons not privileged to remain. his authority to exercise general Before the 92d Congress, the control of the Hall of the House Doorkeeper was responsible for and corridors thereof under Rule I making an inventory of all fur- clause 3, the Speaker has directed niture, books, and other public the Doorkeeper to remove a property in committee rooms and placard posted by a Member in other spaces.(13) However, the pro- the lobby of the House,(18) or to vision containing this directive, ( ) ( ) former Rule V clause 2, was de- clear 19 and close the galleries. 20 leted in the general revision of the Statutes also impose duties on rules effected by the Legislative the Doorkeeper. For example, he Reorganization Act of 1970 (14) be- certifies his payroll each month,(1) cause the duty of taking inven- and he reports position descrip- tories and accounting for custody tions of all employee positions of furniture and other office equip- under the House Radio and Tele- ment was placed in the Clerk by vision Correspondents’ Gallery the House Office Building Com- and the House Periodical Press mission.(15) Gallery to the Committee on With the Sergeant at Arms, the House Administration.(2) Doorkeeper enforces the rule (16) relating to behavior of Members The Doorkeeper performs super- on the floor. Although Jefferson’s visory responsibilities, which in- Manual,(17) states that porters or clude appointing the super- the Sergeant at Arms keeps the intendent of the Document doors, this duty is executed by the Room (3) and the superintendent of Doorkeeper and his assistants. the Publications Distribution The Speaker in executing his Service (folding room).(4) The own responsibilities under the Doorkeeper oversees operations of

12. See 5 Hinds’ Precedents § 7295 for 18. 6 Cannon’s Precedents § 262. the origin of clause 2. 19. See § 20.2, 20.3, infra. 13. See 1 Hinds’ Precedents § 261. 20. See § 20.4, infra. 14. 84 Stat. 1140. 1. 2 USC § 89. A violation of this duty 15. 34 Stat. 1365. is deemed to be a cause for removal 16. Rule XIV clause 7, House Rules and from office (see 2 USC § 90). Manual § 763 (1973). 2. 2 USC § 294(b)(1). 17. House Rules and Manual § 380 3. 44 USC § 739. (1973). 4. 44 USC § 740.

607 Ch. 6 § 20 DESCHLER’S PRECEDENTS a special as assistant,(5) telephone Representatives-elect before the clerks,(6) doormen, and the pages meeting of each Congress.(12) that serve the House.(7) When the office of the Door- With the Clerk of the House, keeper is declared vacant because the Secretary of the Senate, and of misconduct of an incumbent, Sergeant at Arms of the Senate, the duties of the Doorkeeper de- the Doorkeeper (a) sells waste- volve upon the Sergeant at paper and useless documents that Arms.(13) ( ) accumulate in his department, 8 The Doorkeeper with the aid of and (b) invoices public documents his appointees performs services stored in and about the Capitol at not enumerated in the rules or the convening of each regular ses- statutes such as furnishing Mem- ( ) sion. 9 bers with printed copies of bills, In the absence of the Clerk and reports, and other documents; con- Sergeant at Arms, certain duties veying messages from Members; devolve upon the Doorkeeper in- and keeping the Hall, galleries, cluding (a) calling the House to and committee rooms in order (14) order before election of a Speak- er,(10) (b) sending to Governors certificates of the number of Rep- resentatives to which each state is Controlling Access to Galleries entitled after each decennial cen- § 20.1 The distribution of tick- (11) sus, and (c) making a roll of ets for seats in the gallery 5. 2 USC § 76a. during special occasions is 6. 2 USC § 76b. the responsibility of the The chief telephone clerk is chosen Doorkeeper of the House. by the majority; the assistant chief On Feb. 28, 1945,(15) a Member telephone clerk is chosen by the minority. raised an inquiry concerning dis- 7. See annotation to Rule V clause 1, tribution of gallery tickets to mi- House Rules and Manual § 652 nority members: (1973). MR. [CLARE E.] HOFFMAN [of Michi- 8. 2 USC § 117. gan]: Mr. Speaker, I would like to 9. 44 USC § 741. make an inquiry of the Chair, although 10. Rule III clause 1, House Rules and Manual § 639 (1973). See § 20.8, 12. 2 USC § 26. infra, in which the Doorkeeper pre- 13. 1 Hinds’ Precedents § 288, 289. sided at the commencement of the 14. 1 Hinds’ Precedents § 262, note 9. 80th Congress. 15. 91 CONG. REC. 1594, 79th Cong. 1st 11. 2 USC § 2a(b). Sess.

608 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 20

I do not know that it is a parliamen- Chair must enforce the rules of the tary inquiry. Heretofore, when tickets House and that demonstrations from have been distributed, there were a the galleries will not be per- certain number of step tickets. Does mitted.... the minority get any of those, or do they all go to the majority? POINT OF ORDER (16) THE SPEAKER PRO TEMPORE: MR. [DURWARD G.] HALL, [of Mis- That is a double-edged question.... souri]: Mr. Speaker, I demand that the The Chair does not undertake to an- gallery be cleared. swer the question, because no matter THE SPEAKER: The Chair will not tol- how it is answered, it is put in such erate demonstrations of approval or manner as would make it appear that disapproval in the galleries. tickets have been distributed in the past contrary to the understanding of MR. HALL: Mr. Speaker, I make a the Chair. That matter is left with the point of order that our guests and Doorkeeper. who is an officer of the those in the galleries are not in order. House.... I request that the gallery be cleared. THE SPEAKER: The gentleman’s point § 20.2 The Doorkeeper exe- is well taken. The galleries will be cutes the Speaker’s directive cleared. to clear the galleries issued Parliamentarian’s Note: The in response to a Member’s Doorkeeper cleared the gallery point of order. pursuant to the Speaker’s direc- (17) tive. See 2 Hinds’ Precedents On Jan. 18, 1972, the Speak- § 1352 for an instance in 1836 er, Carl Albert, of Oklahoma, dur- wherein the Speaker had ordered ing a speech by a Member, Bella the galleries cleared. S. Abzug, of New York, discussing her resolution to censure the § 20.3 The Doorkeeper exe- President’s conduct of the war in cuted the Speaker’s order to Indochina, twice admonished spec- clear certain spectator gal- tators that expressions of ap- leries but not others, as an- proval were not permitted under nounced at the commence- the rules. When all persons in one gallery stood and displayed signs ment of the day’s sitting. indicating approval of proceedings On May 9, 1972,(18) the Speak- on the floor, the Speaker ordered er, Carl Albert, of Oklahoma, or- the galleries cleared. dered some spectator galleries to be cleared. THE SPEAKER: The Chair reminds our guests in the galleries that the THE SPEAKER: The Chair desires to make the announcement that the 16. John W. McCormack (Mass.). 17. 118 CONG. REC. 9, 92d Cong. 2d 18. 118 CONG. REC. 16287, 92d Cong. 2d Sess. Sess

609 Ch. 6 § 20 DESCHLER’S PRECEDENTS

Chair did not order the clearing of the keeper from the commencement of galleries except those on the Chair’s business at 12:00 meridian until left, where there was disorder. 2:52 p.m. when they were re- Parliamentarian’s Note: This opened. order was given because some persons protesting the President’s an- § 20.5 The Doorkeeper con- nouncement on May 8, 1972, to fiscated the film of a visitor mine the North Vietnamese har- who was ordered to leave the bor caused disorder in the gal- gallery for photographing leries. the Members while in session. § 20.4 The Doorkeeper exe- On Feb. 22, 1942,(20) a visitor cutes the Speaker’s order to was ordered to remove himself or close the galleries in antici- his camera because he was taking pation of disturbances. pictures from the gallery. On May 10, 1972,(19) the Speak- THE SPEAKER [Sam Rayburn, of er, Carl Albert, of Oklahoma, or- Texas]: The Chair understands there is a camera in the gallery. Whoever has dered the galleries to be closed. that camera will remove the camera or THE SPEAKER: The Chair desires to remove themselves and the camera im- make a statement. mediately. That is a violation of the rules of the House. The Chair has received intelligence from the police force and other respon- The film in the camera of the sible authorities that there will be dis- person taking the pictures was turbances in the gallery today. On the confiscated by the Doorkeeper. basis of this information and their recommendation the Chair has ordered Closing or Locking Doors that the galleries be closed to the public for the time being. § 20.6 Upon a personal instruc- Parliamentarian’s Note: This de- tion by the Speaker during a cision, made after consultation call of the House under with the Majority and Minority former Rule XV clause 2, the Leaders and the Parliamentarian, Doorkeeper locked all exits was based on reports from the from the House Chamber and Capitol Police that certain persons removed doorknobs from would demonstrate in the gallery cloakroom doors to prevent against the Indochina war. The Members from leaving dur- galleries were closed by the Door- ing a call of the House.

19. 118 CONG. REC. 16576, 92d Cong. 2d 20. 88 CONG. REC. 2152, 77th Cong. 2d Sess. Sess.

610 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 20

On Oct. 8, 1968,(1) the Speaker was permitted under former Rule ordered the doors to the Chamber XV clause 2; the rule in its closed and locked during a call of present form refers merely to the the House under former Rule XV doors being ‘‘closed’’ when so or- clause 2, and instructed the Door- dered by the Speaker. Rule XV keeper to enforce the rule and let clause 2(b). no Members leave the Hall. § 20.7 When proceedings under The Chair personally instructed a call of the House pursuant the Doorkeepers to lock all exits to Rule XV clause 2 are dis- from the House Chamber and to pensed with, doors to the prohibit Members from leaving Chamber are reopened by during the call of the House. the Doorkeeper without fur- Doors leading from the Chamber ther instructions from the to the Speaker’s lobby, as well as Chair. those opening from the cloak- (2) rooms to the north corridor in the On Oct. 8, 1968, a Member raised a parliamentary inquiry House wing were locked. Door- concerning doors locked during a knobs were removed in the cloak- call of the House: rooms to prevent doors being MR. [CRAIG] HOSMER [of California]: opened. Mr. Speaker, I have a parliamentary THE SPEAKER [John W. McCormack, inquiry. of Massachusetts]: The Doorkeeper will THE SPEAKER [John W. McCormack, close the doors, the Sergeant at Arms of Massachusetts]: The gentleman will will notify absent Members, and the state it. MR. HOSMER: Mr. Speaker, a point of Clerk will call the roll. order having been made of no quorum, MR. [JOHN H.] DENT [of Pennsyl- a quorum having been called, and a vania]: Mr. Speaker, a point of order, quorum having been found present, which relates to the call of the roll. and the further proceedings under the ... call having been dispensed with, does . . . The point of order is the doors that mean that the doors of the House were ordered closed, and the doors to are now unlocked? the outside of the Chamber are open in THE SPEAKER: The gentleman is correct. the cloakrooms. THE SPEAKER: The Chair has given instructions to close all doors and Doorkeeper as Presiding Offi- allow no Members out. cer Parliamentarian’s Note: The § 20.8 In the absence of the Speaker’s order to lock the doors Clerk and Sergeant at Arms,

1. 114 CONG. REC. 30093, 90th Cong. 2. 114 CONG. REC. 30093, 90th Cong. 2d Sess. 2d Sess

611 Ch. 6 § 20 DESCHLER’S PRECEDENTS

the Doorkeeper calls the fered daily,(7) it was not offered on House to order when a Con- certain occasions.(8) gress convenes and presides until a Speaker is elected Application of Quorum Re- and takes the chair. quirement to Prayer On Jan. 3, 1947,(3) the Door- § 21.1 A quorum is not re- keeper, Ralph R. Roberts, called quired for prayer by the the House to order at the com- Chaplain when a meeting mencement of the 80th Congress commences, and the Speaker and presided until a Speaker was does not recognize Members elected because the Clerk of the for a point of order against 79th Congress had died and the the prayer based on the ab- Sergeant at Arms was absent. sence of a quorum. On Mar. 19, 1941,(9) a Member raised a parliamentary inquiry: § 21. Duties of the Chap- MR. [ROBERT F.] RICH [of Pennsyl- lain vania]: Mr. Speaker, a parliamentary inquiry. The Chaplain of the House is THE SPEAKER [Sam Rayburn, of responsible for offering a prayer Texas]: The gentleman will state it. at the commencement of each MR. RICH: Mr. Speaker, when I was seeking recognition from the Speaker day’s sitting of the House under before the Chaplain offered prayer, I Rule VII of the House Rules and felt that there would be a call of the Manual.(4) House and I thought it would be a Although the prayer generally good thing for all the Members to be here for once to hear the Chaplain precedes the transaction of any offer prayer. What does the Speaker ( ) business, 5 it follows the election think about that? Would it be proper of a new Speaker at the first procedure for a Member to make the meeting after the death of a point of order that a quorum is not Speaker.(6) And despite the gen- present before the Chaplain offers prayer? eral practice that a prayer be of- THE SPEAKER: As the Chair understands it, it has been held many times 3. 93 CONG REC. 33–35, 80th Cong. 1st Sess. 7. See § 21.2, infra. 4. Rule VII House Rules and Manual 8. See § 21.3, infra, for instances where § 650 (1973). no prayer was offered. 5. 4 Hinds’ Precedents § 3056. 9. 87 CONG. REC. 2352, 77th Cong. 1st 6. § 21.4, infra. Sess.

612 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 21

that the prayer is not such business of 3:37 a.m., no prayer was offered the House that a quorum is re- prior to resumption of business in quired.(10) the House at 12 o’clock noon on When Prayers Are Offered the same legislative day, although a new calendar day, Sept. 1, 1960, § 21.2 As a general rule, a had begun.(14) prayer is offered daily, whether the House had ad- Prayers After Death of Speaker journed until the next day or had recessed at its previous § 21.4 At the first meeting fol- sitting. lowing the death of a Speak- er during a Congress, the On June 18, 1948,(11) a prayer was offered by the Chaplain at prayer is not offered by the the expiration of a recess. Chaplain until the oath has On the legislative day of Sept. been administered to the 22, 1961,(12) a prayer was offered Speaker-elect. at 10 o’clock a.m. after the Speak- Although a prayer normally pre- er pro tempore had recessed the cedes the transaction of any busi- House at 6:19 p.m. on the pre- ness under Rule XXIV clause 1,(15) vious calendar day.(13) including the election of a new § 21.3 Notwithstanding the Speaker at the commencement of usual practice that a prayer a Congress,(16) the prayer follows be offered daily, it has not 14. See 106 CONG. REC. 18921 (recess on been offered where the legislative day of Aug. 31, at 3:37 House is meeting after a re- a.m., Sept. 1), 86th Cong. 2d Sess., cess to transact business of Aug. 31, 1960; and 106 CONG. REC. the same legislative day, al- 19113 (resumption of business for though a new calendar day legislative day of Aug. 31 at 12:00 noon, Sept. 1), 86th Cong. 2d Sess., may have begun. Sept. 1, 1960. On the legislative day of Aug. 15. 4 Hinds’ Precedents § 3056. 31, 1960, after a recess begun at 16. For instances involving the election at the commencement of Congress of 10. See also 6 Cannon’s Precedents 663. a different Member to the office of 11. 94 CONG. REC. 8824, 80th Cong. 2d Speaker when his predecessor has Sess. chosen not to seek reelection to the 12. 107 CONG. REC. 20888, 87th Cong. House, see 77 CONG. REC. 67, 73d 1st Sess., Sept. 23, 1961. Cong. 1st Sess., Mar. 9, 1933, elec- 13. 107 CONG. REC. 20869, 87th Cong. tion of Henry T. Rainey; 117 CONG. 1st Sess., Sept. 22, 1961. REC. 9, 92d Cong. 1st Sess., Jan. 21,

613 Ch. 6 § 21 DESCHLER’S PRECEDENTS the administration of the oath to a House Resolution 230 and ask for its Speaker-elect whose election was immediate consideration. necessitated by the death of his The Clerk read as follows: predecessor.(1) H. RES. 230 Resolved, That the prayers offered Printing of Prayers by the Chaplain, the Reverend Ber- nard Braskamp, doctor of divinity, at § 21.5 The House has author- the opening of the daily sessions of the House of Representatives of the ized the printing of prayers United States during the Eighty-sev- offered by the Chaplain of enth and Eighty-eighth Congresses, be printed as a House document, and the House. that two thousand additional copies On Mar. 11, 1965,(2) the House be printed and bound for the use of the House of Representatives, to be authorized the printing of prayers distributed by the Chaplain of the offered by the Chaplain of the House of Representatives. House, Rev. Bernard Braskamp, With the following committee as follows: amendment: On page 1, line 6, strike out ‘‘two’’ MR. [WAYNE L.] HAYS [of Ohio]: Mr. and insert ‘‘one’’. Speaker, by direction of the Committee The committee amendment was on House Administration I call up agreed to. The resolution was agreed to. 1971, election of Carl Albert after John W. McCormack did not seek re- Prayers Offered on Special Oc- election to the House in 1970. casions 1. See 80 CONG. REC. 9016, 74th Cong. 2d Sess., June 4, 1936, election of § 21.6 On the day following the William B. Bankhead after death of shooting in the House Cham- Joseph W. Byrns on same date; and 86 CONG. REC. 12231, 76th Cong. 3d ber in which several Mem- Sess., Sept. 16, 1940, election of Sam bers were wounded, the Rayburn after death of William B. Chaplain offered a special Bankhead on Sept. 15, 1940. prayer when the House con- Compare 79 CONG. REC. 9, 74th vened. Cong. 1st Sess., Jan. 3, 1935, elec- (3) tion of Joseph W. Byrns, the prayer On Mar. 2, 1954, the Chap- preceding the administration of the lain of the House, Rev. Bernard oath. The previous Speaker, Henry Braskamp, D.D., offered the fol- T. Rainey, died on Aug. 19, 1934, lowing prayer: two months after adjournment of the Almighty God, our Father, by whose second session of the 73d Congress mercies we have been spared and by on June 15, 1933. 2. 111 CONG. REC. 4766, 89th Cong. 1st 3. 100 CONG. REC. 2483, 83d Cong. 2d Sess. Sess.

614 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 21

whose powers we are sustained in our of the House, offered the following earthly pilgrimage, we are coming unto Thee with a humble spirit and a con- opening prayer: trite heart. God is our refuge and strength, a Gird us now with courage and with very present help in trouble. Therefore confidence in Thy loving kindness for will we not fear.—Psalm 46:1. Thou art never closer unto us than O God, our Father, who art the ref- when our hearts are wrung with sorrow and our heads are bowed in tribu- uge and strength of Thy people in lation. every age and our refuge and our We commend unto Thy gracious care strength in this present hour, we in keeping our beloved colleagues, be- pause in Thy presence to offer unto seeching Thee that Thou wilt share Thee once again the devotion of our Thine eternal wisdom with the doctors hearts. Amid all the changes of this and nurses for Thou art the Great life, help us to rest our spirits upon Physician who canst mediate unto those eternal foundations of truth and them divine skill and enable them to love which Thou hast laid for us. Save do that which is far beyond all that we us from restlessness, from confusion, can ask or think. and from perpetual movement. Draw Grant unto the Members of the sorrowing and stricken families the us unto Thyself that for this moment consolidations of Thy grace and, as we may be still and know that Thou they bravely carry on and faithfully art God. With the assurance of Thy and patiently keep the vigil of faith, Spirit may we accept the responsibil- hope, and love, may they have the ities of This day and fulfill all our obli- blessed companionship of that friend gations with fidelity and honor. Into who sticketh closer than a brother. Thy loving arms we commit ourselves We thank Thee for the beautiful and our Nation—praying that together spirit of Thy servant, so seriously ill, we may be one in Thee: through Jesus who has besought us to remember in Christ our Lord. Amen. our prayer those who have harmed us. May we also emulate the example of Dr. Latch was appointed as act- our blessed Lord who prayed, ‘‘Father, ing Chaplain by the Speaker, forgive them for they know not what they do.’’ John W. McCormack, of Massa- To Thy name, through Jesus Christ chusetts, on Mar. 14, 1966. Daily our Lord and Saviour, we ascribe all prayers during the period between the praise. Amen. that date and Apr. 25, were of- Absence of Chaplain fered by visiting chaplains who had been scheduled by the Door- § 21.7 The prayer may be of- keeper following the death of fered by an acting Chaplain. Chaplain Braskamp. (4) On Apr. 25, 1966, Dr. Edward § 21.8 In the absence of the Gardiner Latch, acting Chaplain Chaplain of the House, the 4. 112 CONG. REC. 8786, 89th Cong. 2d Members rose for a silent Sess. prayer. 615 Ch. 6 § 21 DESCHLER’S PRECEDENTS

On Oct. 5, 1949,(5) Members § 22. Vacancies; Selection were asked to rise for a moment of Successors of silent prayer. The House met at 10 o’clock a.m. The unexpected death of the Sergeant at Arms, William F. THE SPEAKER [Sam Rayburn, of Russell, on July 8, 1953,(9) dra- Texas]: Will the membership rise for a matically underscored the need moment in silent prayer? for a mechanism to select acting Parliamentarian’s Note: Al- officers. On that date,(10) the though the Chaplain of the House House authorized Lyle O. Snader, had designated an acting Chap- Clerk of the House, to serve con- lain to serve during his absence, currently as Clerk and Sergeant at Arms with the proviso that he the acting Chaplain was unaware would receive no additional com- that the House had agreed to con- pensation for performing the du- vene at 10 o’clock a.m. and ar- ties of the Sergeant at Arms.(11) rived too late to open the House Later, Congress passed a statute with a prayer. (2 USCA § 75a–1) authorizing the Speaker to appoint a person to act § 21.9 Visiting Chaplains offer as Clerk, Sergeant at Arms, Door- prayers when the Chaplain keeper, Postmaster, or Chaplain (12) of the House is absent. whenever a vacancy occurs. On June 9, 1948,(6) the prayer Appointments by Speaker was offered by a woman min- § 22.1 The Speaker is author- ister,(7) for the first time in the ized by statute to appoint history of the Congress. temporary officers to fill va- On June 21, 1965,(8) the prayer cancies. was offered in the House by Rev. (13) Harold S. Horan, son of Walter F. On July 28, 1953, Mr. Charles A. Halleck, of Indiana, of- Horan, a former Member (1943– 55) from Washington. 9. See 99 CONG. REC. 8263, 83d Cong. 1st Sess. for announcement of the 5. 95 CONG. REC. 13897, 81st Cong. 1st death of the Sergeant at Arms. Sess. 10. 99 CONG. REC. 8242, 83d Cong. 1st 6. 94 CONG. REC. 7597, 7598, 80th Sess. Cong. 2d Sess. 11. See § 16.3, supra. 7. Rev. Annalee Stewart, of Chicago 12. See § 22.1, infra, for text of resolu- and Boston. tion. 8. 111 CONG. REC. 14097, 89th Cong. 13. 99 CONG. REC. 10128, 83d Cong. 1st 1st. Sess. Sess.

616 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 22 fered and the House passed the such person is concurrently serving in following bill (H.R. 6571) which any office or position the compensation for which is paid from the funds of the was codified as 2 USC § 75a–1 United States, in which case he shall (approved Aug. 5, 1953): (14) receive no compensation for services rendered pursuant to his appointment (a) In case of a vacancy, from what- under this section, and his compensa- ever cause, in the office of Clerk, Ser- tion for performing the duties of such geant at Arms, Doorkeeper, Post- office other than the one to which he is master, or Chaplain, of the House of appointed pursuant to this section Representatives, or in the case of the shall be in full discharge for all serv- incapacity or inability of the incumbent ices he performs for the United States of any such office to perform the duties while serving in such dual capacity. thereof, the Speaker of the House of Representatives may appoint a person § 22.2 The Speaker, pursuant to act as, and to exercise temporarily to 2 USCA § 75a–1(a), ap- the duties of, Clerk, Sergeant at Arms, pointed a Sergeant at Arms Doorkeeper, Postmaster, or Chaplain, as the case may be, until a person is following resignation of the chosen by the House of Representa- incumbent who concurrently tives and duly qualifies as Clerk, Ser- held the office of Clerk. geant at Arms, Doorkeeper, Post- (15) master, or Chaplain, as the case may On Jan. 6, 1954, the Speaker, be or until the termination of the inca- Joseph W. Martin, Jr., of Massa- pacity or inability of the incumbent. chusetts, laid before the House (b) Any person appointed pursuant the following communication from to this section shall exercise all the du- the Clerk: ties, shall have all the powers, and MY DEAR MR. SPEAKER: I submit shall be subject to all the requirements herewith, effective at the close of and limitations applicable with respect business today, my resignation as to one chosen by the House of Rep- Sergeant at Arms, House of Rep- resentatives to fill the office involved; resentatives, which additional duty I but nothing in this section shall be assumed pursuant to House Resolu- tion 323, dated July 8, 1953, 83d held to amend, repeal, or otherwise af- Congress. fect section 7 of the Legislative Branch Respectfully yours, Appropriation Act, 1943 (2 U.S.C. sec. LYLE O. SNADER, 75a). Clerk of the House of Representatives. (c) Any person appointed pursuant to this section shall be paid the com- At the same time the Speaker pensation he would receive if he were made the following announce- chosen by the House of Representa- ment: tives to fill the office involved, unless The Chair announces that, pursuant to the provisions of section 14. See also 99 CONG. REC. 10073, 83d Cong. 1st Sess., July 8, 1958, for 15. 100 CONG. REC. 8, 83d Cong. 2d passage in Senate. Sess.

617 Ch. 6 § 22 DESCHLER’S PRECEDENTS

208(a) of the Legislative Reorganiza- didate for the office of Sergeant at tion Act of 1946 [2 USCA 75a–1], he did on September 15, 1953, appoint Arms. William R. Bonsell, of the State of Mr. Johnson served as tem- Pennsylvania, to act temporarily as porary Sergeant at Arms until Sergeant at Arms until the House ( ) chooses a person for that office.(16) Oct. 1, 1972. On Sept. 25, 1972, 18 the Speaker, laid before the House § 22.3 The person who had re- the following communication from signed as permanent Ser- the acting Sergeant at Arms: geant at Arms was appointed DEAR MR. SPEAKER: On June 30, to fill the office on a tem- 1972, pursuant to the provisions of the Legislative Reorganization Act of porary basis until a suc- 1946, as amended (2 U.S.C. 75–1(a)), cessor could be chosen. you appointed me to act and to exer- (17) cise temporarily the duties of Ser- On June 30, 1972, the Speak- geant at Arms of the House of Rep- er, Carl Albert, of Oklahoma, laid resentatives effective July 1, 1972. before the House a letter of res- Since the Democratic Caucus has nominated a candidate for the Office ignation from the Sergeant at of Sergeant at Arms, I hereby tender Arms, Zeake W. Johnson, Jr., ef- my resignation effective midnight fective June 30, 1972, and, pursu- September 30, 1972. In my leave-taking, I want to ant to 2 USC § 75a–1 (a) ap- thank you, Members of the House, pointed him to act as and to exer- and to say that words cannot ade- quately express my feelings of grati- cise temporarily the duties of that tude and fulfillment for the privilege office. that has been mine to serve the Parliamentarian’s Note: Mr. House of Representatives as Ser- geant at Arms. Johnson resigned as permanent Sincerely, Sergeant at Arms on this date to ZEAKE W. JOHNSON, JR., qualify for certain retirement ben- Sergeant at Arms. efits available to persons who left § 22.4 The Speaker appointed government service on or before an acting Chaplain following the last day of the 1972 fiscal the death of the incumbent. year. He agreed to serve as acting (19) Sergeant at Arms until the Demo- On Mar. 14, 1966, the Speak- cratic Caucus nominated a can- er, John W. McCormack, of Mas- sachusetts, pursuant to 2 USC 16. 100 CONG. REC. 8, 83d Cong. 2d § 75a–1(a), appointed Rev. Edward Sess. See § 16.4, supra, for the elec- Gardiner Latch, D.D., L.H.D., to tion of Mr. Bonsell as permanent Sergeant at Arms. 18. 118 CONG. REC. 31999, 32000, 92d 17. 118 CONG. REC. 23665, 92d Cong. 2d Cong. 2d Sess. Sess. 19. Cong. Rec. 5712, 89th Cong. 2d Sess.

618 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 act as and exercise temporarily of the House, Rev. Bernard the duties of the Chaplain of the Braskamp. Rev. Latch served as acting House of Representatives fol- Chaplain until the end of the 89th lowing the death of the Chaplain Congress.(20)

D. AS PARTY DEFENDANT OR WITNESS § 23. In General; Immuni- lators (1) and committee employ- ties ees (2) are also taken up here.(3) In the exercise of official duties, This division focuses on the li- an officer of the House may be- ability to suit or to judicial proc- come involved in litigation by re- ess of House officials or employees ceiving a summons to appear as a for acts committed by them in the party defendant,(4) in which case performance of their duties for the (5) House. Immunity arising under he informs the Speaker, and the Speech or Debate Clause of may request legal representation the U.S. Constitution (art. I, § 6) by the United States Attorney for is discussed. Court opinions deal- the district in which the action is ing with aides of individual legis- brought.(6) Or he may receive a

20. See § 16.9, supra, for the election of 4. See the reports of the Joint Com- Rev. Latch as Chaplain. mittee on Congressional Operations 1. See Gravel v United States, 408 U.S. Identifying Court Proceedings and 606 (1972), for example, which is discussed at § 23.13, infra. See also Ch. Actions of Vital Interest to the Con- 7, infra, for a discussion of litigation gress, for the record of legal actions involving Members generally. involving House officers, beginning 2. Dombrowski v Eastland, 387 U.S. 82 with the first cumulative report (1967), Stamler v Willis, 415 F2d dated Oct. 20, 1971. 1365 (7th Cir. 1969); cert. den. 399 U.S. 929 (1970), and Doe v McMil- 5. See §§ 23.1 and 23.2 infra, for prece- lan, 412 U.S. 306 (1973), which are dents relating to receiving a sum- discussed at §§ 23.10, infra, 23.12, mons and notifying the Speaker. infra, and 23.14, infra, respectively. 6. See USC § 118. 3. See Ch. 11, which includes a discus- See §§ 93.3, infra, and 23.5, infra, sion of the privilege of the House as related to subpenas served on Mem- for examples of requests for rep- bers or on House officers or employ- resentation from the Clerk and the ees. Sergeant at Arms, respectively.

619 Ch. 6 § 23 DESCHLER’S PRECEDENTS subpena to appear and testify as a at Arms, who executed an arrest witness (subpena ad warrant pursuant to a resolution testificandum) or to produce found to be an unconstitutional records (subpena duces tecum), in exercise of judicial authority by a which case he informs the Speak- legislative body. Likewise in er who lays the matter before the Dombrowski v Eastland, 387 U.S. ( ) House,(7) which may grant leave 82 (1967) 10 a criminal suit was for the withdrawal of papers from dismissed as to a Senate sub- its files.(8) committee chairman, but re- At one time, immunity from suit manded for a finding of facts on alleged illegal activities by the under the Speech or Debate subcommittee counsel. Clause was considered to be This double standard was ap- broader for Members of Congress plied in Powell v McCormack, 395 than for nonmembers who acted U.S. 606 (1969),(11) in which the on their behalf, including officers Court dismissed a suit for declara- of legislative bodies, staff per- tory, injunctive, and mandatory sonnel of committees, and aides to relief as to Members, but held individual Members. For example, that the Clerk, Sergeant at Arms, in Kilbourn v Thompson, 103 U.S. ( ) and Doorkeeper of the House 168 (1881), 9 the U.S. Supreme could be held liable for refusal to Court held that although damages perform services for a Member- for false imprisonment could not elect who had been excluded from be recovered in that case against the office by an unconstitutional Members of the House, they could resolution. In Stamler v Willis, be recovered against the Sergeant 415 F2d 1365 (7th Cir. 1969), cert. den. 399 U.S. 929 (1970),(12) a suit Compare § 23.6, infra, for an instance in which the House by resolu- against members of a House com- tion authorized the Speaker to ap- mittee, a lower federal court on its point and fix the compensation of own motion granted plaintiffs special counsel to represent officers, leave to amend their complaint to Members, and the House in Powell v include committee personnel to McCormack. 7. See §§ 23.7–23.9, infra, for prece- 10. See § 23.10, infra. dents relating to receiving subpenas Collateral reference: Dombrow- and notifying the Speaker. ski v Eastland Id—A Political Com- 8. Rule XXXVII, House Rules and Man- promise and Its Impact. 22 Rutgers ual § 933 (1973). Law Review 1.27 (Fall 1967). 9. See 2 Hinds’ Precedents § 1611, for a 11. See § 23.11, infra. discussion of Kilbourn v Thompson. 12. See § 23.12, infra.

620 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 ensure that adequate relief could insofar as the conduct of the latter be obtained. At the same time, the would be protected if performed Court dismissed the action as to by the Member himself.’’ One year the Members on the ground that later the Court extended the their activities were protected by Speech or Debate Clause immunity, granted to aides of individual the Speech or Debate Clause. Members in Gravel, to committee The practice of recognizing employees. See Doe v McMillan, greater immunity for Members 412 U.S. 306 (1973).(14) than their agents was modified in Gravel v United States, 408 U.S. ( ) 606 (1972), 13 a criminal action Receipt of Summons which arose when an aide to the Senator who publicized the con- § 23.1 When the Clerk receives tents of the Pentagon Papers re- a summons to appear as a fused to respond to a subpena to party defendant in a court appear before a grand jury and action, he informs the Speak- answer questions relating to as- er who lays the matter be- sistance given by him to the Sen- fore the House.(15) ator. Intervening to quash the For example, on Oct. 24, subpena, the Senator contended 1967,(16) the Speaker, John W. that requiring the aide to testify about such assistance would vio- 14. See § 23.14, infra. late the Senator’s privilege under Collateral reference: Constitu- tion of the United States of America: the Speech or Debate Clause. Analysis and Interpretation, ‘‘Privi- Adopting the position of the Sen- lege of Speech or Debate, Congres- ate, which filed a friend of the sional Employees,’’ pp. 120–22, S. court brief and argued the cause, Doc. No. 92–82, 92d Cong. 2d Sess. the Supreme Court held that the 15. See, for example, 113 CONG. REC. 6035, 6036, 90th Cong. 1st Sess., legislative process is such as to Mar. 9, 1967 (Clerk’s receipt of sum- make the work of an aide so crit- mons in Powell v McCormack); 113 ical that he must be treated as a CONG. REC. 29821, 90th Cong. 1st Member’s alter ego to avoid frus- Sess., Oct. 24, 1967 (receipt of sum- tration of the central purpose of mons in Wilkinson v United States the constitutional immunity. The and Clerk of the House of Represent- atives); 117 CONG. REC. 1503, 1504, Court ruled that ‘‘the Speech or 92d Cong. 1st Sess., Feb. 3, 1971 (re- Debate Clause applies not only to ceipt of summons in Eckert v House a Member, but also to his aides of Representatives). 16. 113 CONG. REC. 29821, 90th Cong. 13. See § 23.13. infra. 1st Sess.

621 Ch. 6 § 23 DESCHLER’S PRECEDENTS

McCormack, of Massachusetts, THE SPEAKER: Without objection, the laid before the House the fol- summons and pleadings will be printed lowing communication from the in the Record. There was no objection. Clerk: OCTOBER 19, 1967. § 23.2 When the Sergeant at Re civil action file No. 2643–1967. The Honorable the SPEAKER, HOUSE Arms receives a summons to OF REPRESENTATIVES. appear as a party defendant DEAR SIR: By this letter I am in a court action, he informs transmitting to you a summons in a the Speaker who lays the civil action directed against the United States of America and the matter before the House. Clerk of the House of Representa- For example, on June 6, tives of the Congress of the United ( ) States.(17) I was served with this pe- 1963, 18 the Speaker, John W. tition on the 17th of October by a McCormack, of Massachusetts, Deputy United States Marshal. In addition to notifying you of this ac- laid before the House the fol- tion in accordance with 2 U.S. Code lowing communication from the 118 a copy of this summons is being Sergeant at Arms: forwarded to the U.S. District Attor- JUNE 6, 1963. ney for the District of Columbia. In accordance with the provisions of Hon. JOHN W. MCCORMACK, this statute I am requesting the U.S. Speaker, U.S. House of Representa- District Attorney to enter an appear- tives, Washington, D.C. ance, file an answer and defend this civil action. Additionally I am noti- DEAR MR. SPEAKER: I have in my fying the Attorney General of the official capacity as Sergeant at Arms United States that this suit has been of the House of Representatives been filed against me in my official capac- served in a civil action in the U.S. ity as Clerk of the House of Rep- District Court for the District of Co- lumbia (civil action file No. resentatives of the Congress of the (19) United States. Copies of these letters 137163). Having in mind that the and notification are attached hereto. privileges of the House of Represent- atives may be involved, I am bring- This summons is attached and the ing this matter to your attention. matter is presented for such action as the House in its wisdom may see I did, on June 5, 1963, address let- fit to take. ter to the Honorable David C. Ach- eson, U. S. attorney for the District Respectfully submitted. W. PAT JENNINGS, Clerk, 18. 109 CONG. REC. 10359, 88th Cong. U.S. House of Representatives. 1st Sess. 19. Parliamentarian’s Note: The civil ac- 17. The suit referred to in the letter, tion referred to above alleged the Wilkinson v United States of Amer- failure of the Sergeant at Arms to ica et al., Civil Action File No. withhold the salary of a Member 26431967, sought statutory death (Adam C. Powell [N.Y.]) for periods benefits for the daughter of a de- of alleged absence from the House. It ceased House employee. was dismissed with prejudice.

622 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23

of Columbia, requesting assignment action that was served on me in my of counsel to represent the Sergeant official capacity as Clerk of the at Arms as provided for in 2 United House of Representatives of the Con- States Code 118. A copy of that letter is attached hereto. gress of the United States. This serv- Sincerely, ice was accomplished on October 17 ZEAKE W. JOHNSON, JR., by a Deputy U.S. Marshal. Sergeant at Arms. In accordance with 2 U.S. Code 118 I respectfully request that you Legal Representation enter an appearance, file an answer or take such other action as you may § 23.3 When named as a party deem necessary in defense of this suit against the United States of defendant in a legal action America and the Clerk of the U.S. involving performance of of- House of Representatives of the Con- ficial duties, the Clerk has gress of the United States. This office will assist you in any requested representation way possible in preparation of your from the United States Attor- answer and defense. If you have any ney for the district in which questions regarding this matter or if you need additional information the action was brought. please contact my legal advisor, Mr. A statute (20) provides that any Bill Hollowell. Respectfully submitted. officer of either House may re- W. PAT JENNINGS, quest legal representation in any Clerk, action involving the discharge of U.S. House of Representatives. official duties. A representative illustration of one of these requests, § 23.4 In addition to informing a letter to the United States At- the United States Attorney torney for the district in which for the district in which the the action was brought, was laid action was brought, an offi- before the House by the Speaker, cer named as a party defend- John W. McCormack, of Massa- ant sometimes notifies the chusetts, on Oct. 24, 1967: (1) Attorney General, although OCTOBER 19, 1967. this latter notification is not Re civil action file No. 2643–1967. required by statute. Hon. DAVID G. BRESS, ( ) U.S. Attorney for the District of Co- For example, on Oct. 24, 1967, 2 lumbia, the Speaker, John W. McCormack, U.S. Courthouse, Washington, D.C. of Massachusetts, laid before the DEAR MR. BRESS: I am sending you a copy of a summons in a civil House the following letter from the Clerk: 20. 2 USC § 118. 1. 113 CONG. REC. 29821, 90th Cong. 2. 113 CONG. REC. 29821, 90th Cong. 1st Sess. 1st Sess.

623 Ch. 6 § 23 DESCHLER’S PRECEDENTS

OCTOBER 19, 1967. from the United States Attorney Re civil action file No. 2643–1967. pursuant to 2 USC § 118: Hon. RAMSEY CLARK, JUNE 6, 1963. Attorney General of the United States, Hon. DAVID C. ACHESON, Department of Justice, Washington, U.S. Attorney for the District of Co- D.C. lumbia, U.S. Courthouse, Wash- ington, D.C. DEAR MR. CLARK: I am sending you a copy of a summons in a civil DEAR MR. ACHESON: I respectfully action filed against the United request that you assign counsel to States of America and the Clerk of represent the Sergeant at Arms of the House of Representatives of the the House of Representatives, Zeake Congress of the United States. I was W. Johnson, Jr., in a civil action in served with this summons on Octo- the U.S. District Court for the Dis- ber 17 by a Deputy U.S. Marshal. trict of Columbia (civil action file No. 1371–63) pursuant to 2 United In accordance with 2 U.S. Code States Code 118. I was served in my 118 I have sent a copy of this action official capacity, on June 4, 1963, to the U.S. District Attorney for the with instructions to answer the com- District of Columbia requesting that plaint within 60 days after service. he enter an appearance and defend this action. Realizing that the de- I am enclosing herewith a copy of fense of this action will be conducted the summons which was served on under the supervision and direction me. I may add that I will be avail- of the Attorney General I am also able at any time to confer with any sending you a copy of the summons counsel that you may assign to this as well as a copy of the letter that I case. am forwarding to the U.S. District Very truly yours, Attorney. ZEAKE W. JOHNSON, JR., Sergeant at Arms. Respectfully submitted. W. PAT JENNINGS, Clerk, § 23.6 In an action where both U.S. House of Representatives. Members and officers were § 23.5 The Sergeant at Arms named as defendants, the has requested representation House authorized the Speak- of the United States Attorney er to appoint special counsel for the district where the ac- to represent both groups. tion was brought in a lawsuit Although House officers by stat- ( ) involving his official duties. ute 4 may request representation ( ) by the United States Attorney in For example, on June 6, 1963, 3 any action involving the discharge the Speaker, John W. McCormack, of their official duties, they did of Massachusetts, laid before the House the following communica- 4. 2 USC § 118. tion requesting representation See § 23.3, supra, for a discussion of the procedure for requesting rep- 3. 109 CONG. REC. 10359, 88th Cong. resentation by the United States At- 1st Sess. torney.

624 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 not exercise this authority in Pow- naming as defendants certain Mem- bers and officers of the House of ell v McCormack, 395 U.S. 606 Representatives, and contesting cer- (1967), a suit where both officers tain actions of the House of Rep- and Members were named as de- resentatives; and Whereas this suit raises questions fendants. Instead, they were rep- concerning the rights and privileges resented by special counsel ap- of the House of Representatives, the pointed by the Speaker and paid separation of powers between the ( ) legislative and judicial branches of out of the contingent fund. 5 the Government and fundamental Thus, on Mar. 9, 1967, in the constitutional issues: Now, therefore, (6) be it 90th Congress, Mr. Hale Boggs, Resolved, That the Speaker of the of Louisiana, offered and the House of Representatives of the House adopted House Resolution United States is hereby authorized to appoint and fix the compensation 376. The proceedings were as fol- of such special counsel as he may lows: deem necessary to represent the House of Representatives, its Mem- MR. BOGGS: Mr. Speaker, I rise to a bers and officers named as defend- question of the privilege of the House, ants, in the suit filed by Adam Clay- and offer a resolution (H. Res. 376) ton Powell, Jr., et al. in the United which I send to the Clerk’s desk. States District Court for the District of Columbia, as well as in any simi- THE SPEAKER [John W. McCormack, lar or related proceeding brought in of Massachusetts]: The gentleman sub- any court of the United States; and mits a resolution relating to the privi- be it further lege of the House, which the Clerk will Resolved, That any expenses in- report. curred pursuant to these resolutions, including the compensation of such The Clerk read as follows: special counsel and any costs incurred thereby, shall be paid from H. RES. 376 the contingent fund of the House on Whereas Adam Clayton Powell, vouchers authorized and signed by Jr., et al., on March 8, 1967, filed a the Speaker of the House of Rep- suit in the United States District resentatives and approved by the Court for the District of Columbia, Committee on House Administration; and be it further Resolved, That the Clerk of the 5. See 2 Hinds’ Precedents § 1611, n. 1, House of Representatives transmit a for references to other instances in copy of these resolutions to the afore- which the House by resolution au- mentioned court and to any other thorized an officer (the Sergeant at court in which related legal pro- Arms) to retain counsel in a legal ac- ceedings may be brought. tion (Kilbourn v Thompson, 103 U.S. The resolution was agreed to. 168 [1881]). These resolutions were And on Feb. 17, 1969, in the 91st passed prior to passage of 2 USC Congress (7) it was continued in ef- § 118. 6. See 113 CONG. REC. 6040 et seq., 7. 116 CONG. REC. 3359, 91st Cong. 1st 90th Cong. 1st Sess. Sess.

625 Ch. 6 § 23 DESCHLER’S PRECEDENTS fect when a Member, Carl Albert, he sends a copy of it with a cov- of Oklahoma, offered and the ering letter to the Speaker who House-adopted the resolution (H. lays them before the House,(9) Res. 243) below.: which then considers whether a response to the subpena should be MR. ALBERT: Mr. Speaker, I offer a authorized.(10) privileged resolution (H. Res. 243) and ask for its immediate consideration. 9. See for example, 99 CONG. REC. The Clerk read the resolution as fol- 5523, 5524, 83d Cong. 1st Sess., May lows: 25, 1953 (notice of a subpena duces tecum to appear before a grand jury H. RES. 243 empaneled to investigate possible Resolved, That the provisions of violations of 18 USC § 1001 by Er- House Resolution 376, Ninetieth Congress, are hereby continued in ef- nest King Bramblett); 100 CONG fect during the Ninety-first Con- REC. 1162, 83d Cong. 2d Sess., Feb. gress; and be it further 2, 1954 (notice of a subpena ad Resolved, That the Clerk of the testificandum to appear as a witness House of Representatives transmit a in U.S. v Ernest King Bramblett [No. copy of this resolution to the Su- 971–53, criminal docket]); 106 CONG. preme Court of the United States and to any other court in which re- REC. 4393, 86th Cong. 2d Sess., Mar. lated legal proceedings may be pend- 3, 1960 (notice of a subpena ad ing or brought. testificandum to appear as a witness in U.S. v Adam Clayton Powell [No. Receipt of Subpena 35–208]); 111 CONG. REC. 5284, 5285, 89th Cong. 1st Sess., Mar. 18, § 23.7 When the Sergeant at 1965 (notice of a subpena duces Arms receives a subpena, he tecum to appear before a grand jury informs the Speaker who in People of the State of New York v Adam Clayton Powell); 111 CONG. lays the matter before the REC. 16529, 89th Cong. 1st Sess., House. July 13, 1965 (notice of a subpena ad In his capacity as custodian of testificandum to appear as a witness Members’ bank accounts, payroll in U.S. v Ernestine Washington, et and other information pertaining al. [crim. cases U.S. 5379–65 and U.S. 5380–65]); 113 CONG. REC. (8) to Members, the Sergeant at 17561, 17562, 90th Cong. 1st Sess., Arms sometimes receives sub- June 27, 1967 (notice of a subpena penas to appear before or present duces tecum to appear before a documents to grand juries and grand jury in U.S. v In re Possible courts. Upon receipt of a subpena, Violations of 18 USC Sections 201, 287, 371, 641, and 1001 [concerning 8. See summary of § 19, supra, for dis- Adam Clayton Powell]). cussion of duties of the Sergeant at 10. See Rule XXXVII, House Rules and Arms. Manual § 933 (1973), which provides

626 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23

For example, on July 1.3, Similarly, on June 27, 1967,(13), 1965,(11) the Speaker, John W. the Speaker, John W. McCormack, McCormack, of Massachusetts, of Massachusetts, laid before the laid before the House the fol- House the following letter from lowing letter from the Sergeant at the Sergeant at Arms, Zeake W. Arms, Zeake W. Johnson, Jr., who Johnson, Jr., who had received a had received a subpena ad subpena duces tecum to appear testificandum to appear as a wit- and produce records before a ness in United States v Ernestine grand jury empaneled to inves- Washington, et al.: tigate alleged illegal activities by JULY 13, 1965. Adam Clayton Powell in United DEAR MR. SPEAKER: I have re- States v In re Possible Violations ceived a subpena from the District of of 18 USC Sections 201, 287, 371, Columbia court of general sessions, criminal division, directing me as 611, and 1001: Sergeant at Arms of the House of DEAR MR. SPEAKER: From the Representatives to appear as witness United States District Court for the for the defendants. District of Columbia, I have received The rules and practice of the a subpena directing the Sergeant at House of Representatives indicate Arms or authorized representative to that the Sergeant at Arms may not, appear before the said Court and to either voluntarily or in obedience to bring with him certain records under a subpena appear without the con- his jurisdiction. sent of the House being first ob- The rules and practice of the tained. House of Representatives indicate The subpena in question is here- that the Sergeant at Arms may not, with attached and the matter is pre- either voluntarily or in obedience to sented for such action as the House a subpena duces tecum, produce in its wisdom may see fit to take. such papers without the consent of Sincerely, the House being first obtained. It is ZEAKE W. JOHNSON, JR., further indicated that he may not Sergeant at Arms. supply copies of certain of the documents and papers requested without Mr. Hale Boggs, of Louisiana, such consent. offered and the House passed The subpena in question is therewith attached and the matter is pre- House Resolution 456, authorizing sented for such action as the House the Sergeant at Arms to appear as in its wisdom sees fit to take. a Witness (12) Sincerely, ZEAKE W. JOHNSON, JR., that no document presented to the Sergearnt at Arms. House shall be withdrawn without Following presentation of this its leave. letter, Mr. Carl Albert, of Okla- 11. 111 CONG. REC. 16529, 89th Cong. 1st Sess. 13. 113 CONG. REC. 17561, 90th Cong. 12. Id. 1st Sess.

627 Ch. 6 § 23 DESCHLER’S PRECEDENTS homa, offered and the House 1948 (notice of receipt of a subpena passed House Resolution 674, au- duces tecum in U.S. v Albert Maltz); thorizing the Sergeant at Arms to 96 CONG. REC. 565, 81st Cong. 2d appear before the grand jury, but Sess., Jan. 18, 1950 (notice of receipt not to take with him original doc- of a subpena duces tecum in U.S. v Christoffel); 96 CONG. REC. 1695, umentary evidence, and to supply 81st Cong. 2d Sess., Feb. 8, 1950 (no- certified copies of evidence tice of receipt of subpena duces deemed material and relevant by tecum for minutes of an executive the court.(14) session of a committee in U.S. v Christoffel; see also p. 1765, Feb. 13, § 23.8 When the Clerk receives 1950, for resolution adopted by the a subpena, he informs the Judiciary Committee in response to Speaker who lays the matter this subpena duces tecum); 97 CONG. before the House. REC. 3403, 3404, 82d Cong. 1st Sess., Apr. 6, 1951 (notices of receipt of As custodian of House files, the subpenas duces tecum in U.S. v Pat- Clerk sometimes receives sub- terson and U.S. v Kamp); 97 CONG. penas to appear or present docu- REC. 3800, Apr. 12, 1951 (notice of ments before courts and grand ju- receipt of subpena duces tecum in ries. He sends a copy: of the sub- U.S. v Brehm); 104 CONG. REC. 7262, 7263, 85th Cong. 2d Sess., Apr. 24, pena with a covering letter to the 1958 (notice of receipt of subpena Speaker who lays the matter be- duces tecum from a superior court in (15) fore the House, which then con- North Carolina); 104 CONG. REC. 7636, 85th Cong. 2d Sess., Apr. 29, 14. 113 CONG. REC. 17561, 90th Cong. 1958 (notice of receipt of subpena 1st Sess., June 27, 1967. duces tecum to appear before a 15. See for example, 76 CONG. REC. grand jury investigating alleged vio- 5581, 72d Cong. 2d Sess., Mar. 3, lations of 26 USC § 145(b) by Rep- 1933 (notice of receipt of subpena resentative Adam C. Powell [N. Y.]); duces tecum referred to Judiciary 113 CONG. REC. 29374, 90th Cong. Committee); 94 CONG. REC. 2266, 1st Sess., Oct. 19, 1967 (notice of re- 80th Cong. 2d Sess., Mar. 5, 1948 ceipt of a subpena ad testificandum (notice of receipt of subpena duces to appear before a grand jury inves- tecum in U.S. v Marshall); 94 CONG. tigating alleged violations of 18 USC REC. 5066, 5067, 80th Cong. 2d §§ 101, 201, 287, 371, 641, and 1505 Sess., Apr. 29, 1948 (notice of receipt by Representative-elect Adam Clay- of subpena duces tecum in contempt ton Powell [N.Y.]); 115 CONG. REC. cases; see also p. 5161, Apr. 30, 80, 81, 91st Cong. 1st Sess., Oct. 29, 1948, for memorandum on Clerk’s 1969 (notice of receipt of a subpena immunity in responding to a sub- duces tecum to produce records re- pena duces tecum); 94 CONG. REC. quired by the Corrupt Practices Act 5432, 80th Cong. 2d Sess., May 6, before a grand jury investigating ac- 628 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 siders whether it should permit Sergeant at Arms of the United States House of Representatives the Clerk to answer the sub- were served with subpenas issued pena.(16) under the authority of the United States District Court for the District For example, on Jan. 16, of Columbia. These subpenas direct 1968,(17) the Clerk, W. Pat Jen- that Mr. Johnson and myself, as offi- nings, who had received a sub- cers of the United States House of Representatives produce documents, pena to appear and present origi- papers and records belonging to the nal House records before a federal United States House of Representa- tives. The subpenas were issued in grand jury empaneled to inves- connection with a Grand Jury investigate alleged violations of law by tigation of possible violations of Title Member-elect Adam Clayton Pow- 18 U.S. Code, Sections 201, 287, 371, 641, 1001 and 1505. It is noted that ell, notified the Speaker, John W. these subpenas command our ap- McCormack, of Massachusetts, pearance and production of the House records mentioned therein on who laid before the House the fol- Thursday the 18th of January 1968 lowing letter: at 10:00 a.m. The subpenas them- JANUARY 9, 1968. selves outline the House records that The Honorable the SPEAKER, we were requested to produce. House of Representatives. The rules and practices of the House of Representatives indicate DEAR SIR: On this date I, W. Pat that no official of the House may, ei- Jennings, Clerk of the United States ther voluntarily or in obedience to a House of Representatives and the subpena duces tecum, produce such Honorable Zeake W. Johnson, Jr., papers without the consent of the House being first obtained. tivities of the Seafarer’s Political Ac- The subpenas in question are tivities Donations Committee); 117 herewith attached, and this matter CONG. REC. 2744, 92d Cong. 1st is presented for such action as the House may deem appropriate. Sess., Feb. 17, 1971 (notice of receipt Sincerely yours, of a subpena duces tecum to appear W. PAT JENNINGS, before a general court martial and Clerk, U.S. House of Representatives. produce certain executive session testimony taken by a subcommittee Following presentation of this in U.S. v Lt. William L. Calley, Jr.). letter, Mr. Hale Boggs, of Lou- 16. See Rule XXXVII, House Rules and isiana, offered and the House Manual § 933 (1973) which gives the passed House Resolution 1022, House authority to grant leave to re- authorizing the Clerk and Ser- move paper from House files. Jeffer- son’s Manual, House Rules and Man- geant at Arms to appear and de- ual § 352 (1973) provides that the liver original House documents to Clerk should allow no documents to the grand jury.(18) be taken from his custody. 17. 114 CONG. REC. 80, 81, 90th Cong. 18. 114 CONG. REC. 80, 81, 90th Cong. 2d Sess. 2d Sess., Jan. 16, 1968.

629 Ch. 6 § 23 DESCHLER’S PRECEDENTS

§ 23.9 The Doorkeeper reports 256 authorizing the Doorkeeper to receipt of a subpena duces appear before the court but not tecum to the Speaker, who take with him any papers or docu- lays the matter before the ments on file in his office or under House. his control or in possession or con- On Apr. 13, 1961,(19) the Speak- trol of the House of Representa- er, Sam Rayburn, of Texas, laid tives, except those documents before the House the following which the court determines to be (20) communication, which was read material and relevant. by the Clerk: Immunities of Officers and OFFICE OF THE DOORKEEPER, HOUSE OF REPRESENTATIVES, Employees; Dombrowski v Washington, D.C., April 13, 1961. Eastlard Hon. SAM RAYBURN, U.S. House of Representatives, § 23.10 The Speech or Debate Washington, D.C. Clause of the U.S. Constitu- DEAR SIR: As Doorkeeper of the tion (art. I, § 6) does not im- House of Representatives, I have received a subpena from the U.S. Dis- munize a committee counsel trict Court for the District of Colum- from civil liability for bia to appear regarding the case of tortious conduct, and such Claude Anderson Taylor (criminal case No. 965–60). an action will not be dis- The subpena directed me to ap- missed when there is sub- pear before said court as a witness in the case and to bring with me cer- stantial testimony regarding tain and sundry papers therein de- his alleged participation in scribed in the House of Representa- unconstitutional activity. tives. Since the development of this case In Dombrowski v Eastland, 387 has extended into the 87th Congress, U.S. 82 (1967), a suit alleging that and it is well recognized that each House controls its own papers, this the Chairman and Counsel of the matter is presented for such action Subcommittee on Internal Secu- as the House, in its wisdom, may see fit to take. rity of the Senate Judiciary Com- Respectfully yours, mittee tortiously participated in a WM. M. MILLER, conspiracy to seize petitioners’ Doorkeeper, House of Representatives. property and records in violation Mr. John W. McCormack, of of the fourth amendment, the Su- Massachusetts, offered and the preme Court dismissed the action House passed House Resolution as to the Chairman, but remanded

19. 107 CONG. REC. 5851, 87th Cong. 1st 20. 107 CONG. REC. 5852, 87th Cong. 1st Sess. Sess., Apr. 13, 1961.

630 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 it for a finding of facts of alleged for declaratory and injunctive re- illegal activity by the Counsel. A lief, the Clerk, Sergeant at Arms, significant consideration was the and Doorkeeper of the House, Court’s interpretation of the state along with several Members, were of the law at that time, that im- sued individually and in their munity under the Speech or De- Representative capacities for exe- bate Clause was ‘‘less absolute, al- cuting House Resolution 278, though applicable, when applied which denied administration of to officers or employees, rather the oath to the plaintiff, Adam C. than to legislators themselves,’’ Powell, a Member-elect from New and that, when applied to a legis- York, in the 90th Congress.(3) lator, the clause ‘‘deserves greater respect than where an official act- The complaint in Powell alleged ing on behalf of the legislator is as actionable the Clerk’s threat to sued.’’ refuse to perform for the plaintiff The Court also noted that the those services to which a duly record showed no involvement by elected Member was entitled, the the Chairman ‘‘in any activity Sergeant at Arms’ refusal and that could result in liability,’’ threat to continue to refuse to pay whereas it revealed ‘‘controverted salary and other moneys to which evidence . . . which afford[ed] a duly elected Member was enti- more than merely colorable sub- tled, and the Doorkeeper’s refusal stance to petitioners assertions and threat to continue to refuse to . . . sufficient to entitle peti- admit the plaintiff to the Hall of tioners to go to trial’’ as to the the House.(4) The complaint ex- Counsel.(1) full text of the Court’s opinion. See Powell v McCormack also 113 CONG. REC. 8729–62, 90th Cong. 1st Sess., Apr. 10, 1967, for § 23.11 An officer who executes memoranda of counsel. an order pursuant to a House 3. See 113 CONG. REC. 4997 et seq., resolution held to be uncon- 90th Cong. 1st Sess., Mar. 1, 1967, stitutional is not immune for the text of H. Res. 278 providing for imposition of a fine, and for the from suit. text of amendment providing for ex- In Powell v McCormack, 395 clusion of Mr. Powell. U.S. 486 (1969),(2) a civil action 4. Powell v McCormack, 395 U.S. 486, 493 (1969). The resolution of exclu- 1. Dombrowski v Eastland, 387 U.S. sion [H. Res. 278], appearing in 113 82, 84 (1967). CONG. REC. 6036–39, 90th Cong. 1st 2. See 115 CONG. REC. 17326–42, 91st Sess., Mar. 9, 1967, neither ex- Cong. 1st Sess., June 25, 1969, for pressly ordered the officers to refuse

631 Ch. 6 § 23 DESCHLER’S PRECEDENTS pressly stated that these refusals judicial review of the propriety of by the respective officers were the decision to exclude petitioner made ‘‘under color of the authority Powell.(8) The Court also indicated and mandate of House Resolution that Powell could sue the Ser- 278.’’ The Supreme Court dis- geant at Arms to determine enti- missed the action against the tlement to mandatory relief for Members without determining salary withheld pursuant to an (5) whether they would be immune, unconstitutional House resolu- and held that the naming of the tion.(9) House officers provided a suffi- In reaching these conclusions, cient basis for judicial review.(6) the Court relied on Kilburn v In finding that Congress was (10) not authorized to exclude a Mem- Thompson, 103 U.S. 168 (1881), ber-elect who met the constitu- which allowed a contumacious tional qualifications of age, in- witness, Hallet Kilbourn, to bring habitancy, and citizenship, a find- an action for false imprisonment ing which rendered unconstitu- against John G. Thompson, the tional House Resolution 278 of the Sergeant at Arms of the House, 90th Congress, the Court held, who had executed the warrant for ‘‘That House employees are acting Kilbourn’s arrest pursuant to a pursuant to express orders of the House resolution which the Court House does not bar judicial review found to be an unconstitutional ( ) . . .’’ 7 and ‘‘. . . petitioners are en- exercise of a judicial function by a titled to maintain their action legislative body. In Kilboun, the against House employees and to Court first articulated the doc- to pay or perform services for Powell trine that, although an action nor provided that he should no against a Congressman may be longer be entitled to the salary and barred by the Speech or Debate perquisites of office. Nonetheless, Clause, legislative employees who these refusals were implied because the resolution excluded him from participate in an unconstitutional membership in the 90th Congress. activity are responsible for their 5. See Chs. 7 and 12, infra, for discussion of this case as it relates to 8. Powell v McCormack, 395 U.S. 486, Members. 506 (1969). 6. See Powell v McCormack, 395 U.S. 9. Powell v McCormack, 395 U.S. 486, 486, 506 (1969). 500, n. 16 (1969). 7. Powell v McCormack, 395 U.S. 486, 10. See 2 Hinds’ Precedents § 1612, for a 504 (1969). discussion of Kilbourn.

632 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 acts.(11) Kilbourn eventually re- Stamler v Willis covered $20,000.(12) The Court in Powell concluded § 23.12 Leave to join legislative that the factual situation did not employees as additional par- fall within the scope of the Speech ties defendant may be grant- or Debate Clause, the purpose of ed following the dismissal, which is ‘‘. . . to insure that legis- under the Speech or Debate lators are not distracted from or Clause, of an action against hindered in the performance of their legislative tasks by being various Members and offi- called into court to defend their cials to declare unconstitu- actions.(13) tional a House rule and to enjoin enforcement of a com- 11. See Powell v McCormack, 395 U.S. mittee contempt citation. 486, 504, 505 (1969), stating that, in Kilbourn,’’ the Sergeant at Arms was In Stamler v Willis, 415 F2d held liable for false imprisonment 1365 (7th Cir. 1969); cert. den. even though he did nothing more 399 U.S. 929 (1970),(14) persons than execute the House Resolution who were being prosecuted for that Kilbourn be arrested and im- prisoned.’’ contempt of Congress filed suit to 12. Kilbourn v Thompson, 11 McArth. & declare Rule XI of the House rules M. 401, 432 (Sup. Ct. D.C. 1883). violative of the first amendment The 48th Congress appropriated and to enjoin enforcement of the $20,000 to pay Kilbourn directly for contempt citation of the Com- the judgment against Thompson (see mittee on UnAmerican Activities. 23 Stat. 467, Mar. 3, 1885). The named defendants were cer- 13. ‘‘A legislator is no more or no less hindered or distracted by litigation tain Members of the House, and against a legislative employee calling two prosecuting officials, the At- into question the employee’s affirma- torney General of the United tive action than he would be by the States and the United States At- employee’s failure to act. Nor is the torney for the Northern District of distraction or hindrance increased because the litigation questions ac- Illinois. The district court dis- tion taken by the employee within missed the complaint under the rather than without the House. Free- Speech or Debate Clause as to the dom of legislative activity and the Members and, without considering purposes of the Speech or Debate Clause are fully protected if legisla- 14. See also 287 F Supp 734 (N.D. Ill., tors are relieved of the burden of de- 1968) for the district court opinion fending themselves.’’ Powell v which dismissed the action under McCormack, 395 U.S. 486, 505 the Speech or Debate Clause as to (1969). Members of Congress.

633 Ch. 6 § 23 DESCHLER’S PRECEDENTS whether this immunity applied to ing under the Speech or De- executive officials, held that the bate Clause to aides to legis- action against the Attorney Gen- lators for actions committed eral and United States Attorney, in performance of duties that being ‘‘ancillary to the claims against the Congressional defend- are within the sphere of le- ants,’’ must also be dismissed.(15) gitimate legislative activity. On appeal, the circuit court af- In Gravel v United States, 408 firmed the dismissal of the com- U.S. 606 (1972), which arose out plaint as to the Members of Con- of a grand jury investigation of gress, but reversed the dismissal possible criminal conduct in the as to the prosecuting officials, release and publication of the so holding that they would have to defend their actions in court. In called Pentagon Papers, the Su- addition, the court on its own mo- preme Court held, ‘‘. . . the tion granted leave to amend the Speech or Debate Clause applies complaint to add additional par- not only to a Member but also to ties defendant, such as committee his aides insofar as the conduct of officials, ‘‘. . . for the sole purpose the latter would be a protected of making effective relief possible legislative act if performed by the in this declaratory and injunctive Member himself.’’(17) The Court action.’’ The court offered this opportunity to the plaintiffs, if they adopted the view argued by the desired to use it, because: Senate that the day-to-day work of aides and assistants in the . . . [I]n view of our decision to dis- miss the Congressional defendants modern legislative process is so from this action, it may develop that critical that they must be treated complete relief cannot be accorded plaintiffs in the event that they are as the legislator’s alter ego; fail- successful on the merits unless the ap- ure to recognize them as such propriate agents of the House com- would diminish and frustrate the mittee are served and joined as defendants below.(16) purpose of the Speech or Debate Clause—to prevent intimidation of Gravel v United States legislators by the other branches of government.(18) Rejecting the § 23.13 The Supreme Court has extended the immunity aris- 17. Gravel v United States, 408 U.S. 606, 618 (1972). See Ch. 7, infra, for fur- 15. Stamler v Willis, 287 F Supp 734, ther discussion of Gravel. 739 (N.D. Ill., 1968). 18. Id. at pp. 616, 617. The position of 16. Stamler v Willis, 415 F2d 1365, 1368 the Senate was presented in its ami- (7th Cir. 1969); cert. den. 399 U.S. cus curiae brief, which is reprinted 929 (1970). in full in ‘‘Constitutional Immunity

634 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23 government’s contention that this or aide from testifying at trials or holding was foreclosed by grand jury proceedings involving Kilbourn v Thompson, 103 U.S. third-party crimes where the 168 (1881), Dombrowski v East- questions do not require testi- land, 387 U.S. 82 (1967), and mony about a legislative act.(1) Powell v McCormack, 395 U.S. Furthermore, not all activities 486 (1969), the Court observed, performed by a legislator and his ‘‘Those cases do not hold that per- aides are entitled to protection. sons other than Members of Con- The immunity may be invoked gress are beyond the protection of only as to matters that are an in- the [Speech or Debate] Clause tegral part of the legislative proc- (2) when they perform or aid in the ess. performance of legislative 1. Id. at pp. 622, 626, the Court saying: ( ) acts.’’ 19 ‘‘. . . Article I, § 6, cl. 1 [the Speech The immunity of an aide is or Debate Clause], as we have em- viewed in Gravel as a privilege phasized, does not purport to confer which the legislator may repu- a general exemption upon Members of Congress from liability or process diate or waive; it is invocable by in criminal cases. While the Speech the aide only on behalf of the leg- or Debate Clause recognizes speech, islator and is confined to those voting, and other legislative acts as services that would be protected if exempt from liability that might oth- performed by the legislator him- erwise attach, it does not privilege self.(20) The Speech or Debate either Senator or aide to violate an Clause does not protect criminal otherwise valid criminal law in preparing for or implementing legisla- conduct which threatens the secutive acts.’’. rity of the person or property of See also Kilbourn v Thompson, others, nor immunize a legislator 103 U.S. 168 (1881), which held that an arrest by the Sergeant at Arms of Members of Congress,’’ Hearings pursuant to a House order found to Before the Joint Committee on Con- be unconstitutional was subject to gressional Operations, 93d Cong. 1st judicial review. Sess., pp. 94–117. Senators Sam J. 2. ‘‘The heart of the clause,’’ said the Ervin, Jr. (N.C.) and William B. Court in Gravel, is ‘‘speech or debate Saxbe, (Ohio) personally advocated in either House, and insofar as the the cause for the Senate by special clause is construed to reach other leave of the Supreme Court. matters, they must be an integral 19. Gravel v United States, 408 U.S. 618 part of the deliberative and commu- (1972). nicative processes by which Members 20. Gravel v United States, 408 U.S. 606, participate in committee and House 621, 622 (1972). proceedings with respect to the con-

635 Ch. 6 § 23 DESCHLER’S PRECEDENTS

Doe v McMillan on the D.C. school system,(3) which identified students by name § 23.14 Immunity arising in derogatory contexts. Named as under the Speech or Debate defendants were, among others, Clause has been extended to the Chairman of the House Dis- committee staff personnel for trict Committee,(4) plus its mem- conduct held to be within the bers, clerk, staff director, and sphere of legitimate legisla- counsel, as well as a consultant to tive activity. that committee; the Super- In Doe v McMillan, 412 U.S. intendent of Documents and the 306 (1973), the parents of District Public Printer (officials of the of Columbia school children, Government Printing Office); offi- under pseudonyms, sought dam- cials and employees of the D.C. ages and declaratory and injunc- school system; and the United tive relief for invasion of privacy States. which allegedly resulted from dis- The U.S. Supreme Court held semination of a report of the Spe- that the congressional committee cial Subcommittee of the Com- members, staff officials, and the mittee on the District of Columbia investigator and consultant were absolutely immune under the sideration and passage or rejection of proposed legislation or with respect 3. This report, H. Rept. No. 91–1681 to other matters which the Constitu- (1971), which was submitted to the tion places within the jurisdiction of Speaker of the House on Dec. 8, either House.’’ In their dissents, Mr. 1970, was authorized by H. Res. 76 Justice Brennan stated and Mr. Jus- (see 115 CONG. REC. 2784, 91st tice Douglas implied that the major- Cong. 1st Sess., Feb. 5, 1969), and ity also excluded from the protected was referred to the Committee of the sphere of legislative activities the Whole House on the state of the ‘‘informing function’’ defined in Wat- Union and ordered printed (see 116 kins v United States, 354 U.S. 178, CONG. REC. 40311, 91st Cong. 1st 200 (1957) as ‘‘the power of Congress Sess., Dec. 8, 1970). It was subse- to inquire into and publicize corrup- quently published and distributed by tion, maladministration or ineffi- the Government Printing Office pur- ciency in agencies of the Govern- suant to 44 USC § § 501 and 701. ment.’’ The basis of their belief was Doe v McMillan, 412 U.S. 306, 307– the majority’s holding that Gravel’s 30X (1973). alleged arrangement for a private 4. Named in the caption of the case is publication of the Pentagon Papers John L. McMillan (S.C.), who was was not shielded from inquiry. Grav- Chairman of the House District el v United States, 408 U.S. 606, 649 Committee at the time this suit was (1972). filed and decided.

636 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 23

Speech or Debate Clause.(5) The sion, the Court followed Gravel v Court ruled that authorizing an United States, 408 U.S. 606, 618 investigation and holding hear- (1972), which held that ‘‘the ings to gather information, pre- Speech or Debate Clause applies paring a report which contains the not only to a Member but also to information, and authorizing the his aides insofar as the conduct of report’s publication and distribu- the latter would be a protected tion, because they are integral legislative act if performed by the Member himself.(6) parts of the deliberative and com- Focusing on the applicability of municative processes by which Speech or Debate Clause immu- Members participate in the con- nity to the officials who dissemi- sideration of proposed legislation, nated the report—the Super- are protected by the Speech or De- intendent of Documents and the bate Clause, even though poten- Public Printer—the Court in Doe tially libelous information may be involved. In reaching this deci- 6. The Court in Doe v McMillan applied Speech or Debate Clause im- 5. See Doe v McMillan, 412 U.S. 306, munity to committee officials and 312 (1973): ‘‘. . . [I]t is plain to us employees, citing Gravel as prece- that the complaint in this case was dent. Gravel, however, dealt only barred by the Speech or Debate with the immunity of an aide to an Clause insofar as it sought relief individual legislator. The applica- from the Congressmen-Committee bility of a Member’s immunity to Members, from the committee staff, persons other than personal aides from the consultant, or from the in- was not even discussed in Gravel by vestigator, for introducing material way of dicta; in fact, the Court ex- to the Speaker of the House, and for pressly disclaimed the need to dis- voting for publication of the report. cuss ‘‘issues which may arise when Doubtless, also, a published report Congress or either House, as distin- may, without losing Speech or De- guished from a single Member, or- bate Clause protection, be distrib- ders the publication and/or public uted to and used for legislative pur- distribution of committee hearings, poses by Members of Congress, con- reports or other materials.’’ (Gravel, gressional committees and institu- supra, at 626, n. 16). The extension tional or individual legislative func- of the Gravel holding to committee tionaries. At least in these respects, staff members supports the inference the actions upon which petitioners that the Court in a future case sought to predicate liability were leg- which raises the issue would apply islative acts, Gravel v United States, Speech or Debate Clause immunity supra, [408 U.S. 606], at p. 618 to officers of the House insofar as [1972], and, as such, were immune they act within the sphere of legiti- from suit.’’ mate legislative activity.

637 Ch. 6 § 23 DESCHLER’S PRECEDENTS v McMillan framed the issue as large beyond the Halls of Con- whether informing the public gress and its functionaries, and ‘‘simply because authorized by beyond the apparent needs of the Congress, must always be consid- due functioning of the legislative ered ‘an integral part of the delib- process.(7) With respect to the dis- erative and communicative proc- missal of the suit as to committee esses by which Members participate in committee and House pro- members and personnel, the ceedings’ [citing Gravel] with re- Court pointed out they had not spect to legislative and other mat- acted outside the sphere of legiti- ters before the House.’’ This ques- mate legislative activity. tion was answered in the nega- It does not expressly appear from tive. Observing that republication the complaint, nor is it contended in of a libel, even where the initial this Court, that either the Members of publication is privileged, is gen- Congress or the Committee personnel erally not protected, the Court in did anything more than conduct the Doe v McMillan held that ‘‘the Su- hearings, prepare the report, and au- perintendent of Documents or the thorize its publication.(8) Public Printer or legislative personnel, who participate in dis- 7. The Court noted that it did not de- tribution of actionable material cide whether or under what cir- beyond the reasonable bounds of cumstances the clause would immu- the legislative task, enjoy no nize distributors of allegedly actionable materials from grand jury ques- Speech or Debate Clause immu- tioning, criminal charges, or a suit nity.’’ by the executive to restrain distribu- The Court in Doe v McMillan tion, where Congress has authorized limited the scope of its holding by the particular public distribution. saying that the Speech or Debate 8. Doe v McMillan at p. 317. Presum- Clause immunity does not protect ably, an allegation that the Members those who, at the direction of Con- or committee personnel had partici- gress or otherwise, distribute ac- pated in the public dissemination of tionable material to the public at actionable material would have caused a different result.

638 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 24

EMPLOYMENT § 24. In General Certain categories of employment in the House are established Various House rules and stat- by statute.(13) The qualifications of utes govern the activities and sta- employment applicants are deter- tus of persons employed by the mined by the House officer under House.(9) Jurisdiction over the em- whose supervision they will serve, ployment of persons by the House and each officer is authorized to is by rule granted to the Com- remove or otherwise discipline (14) mittee on House Administra- such employees. tion.(10) Once hired, House employees must be assigned to the positions Those rules setting forth stand- for which they were appointed.(15) ards of official conduct for the Moreover, the practice of dividing (11) Members are also applicable to House employees’ salaries (16) or House employees. Additionally, subletting their duties (17) have those who are ‘‘principle assist- been prohibited by statute.(18) ants’’ to Members and officers are subject to the financial disclosure 1969, for the announcement made to requirements which the House by the House by the Chairman of the rule has established.(12) Committee on Standards of Official Conduct concerning the closing date 9. For example, pursuant to Rule XLI, for filing financial disclosure reports House Rules and Manual § 937 with the committee as required by (1973) no person who is an agent for Rule XLIV. the prosecution of any claim against 13. For examples of House employee po- the government, or who is interested sitions created by statute see: 2 in such claim other than as an origi- USCA § 74–2(a)(b), messengers in of- nal claimant, may continue as an fice of the Speaker; 2 USCA § 74a, employee of the House. administrative assistants for the The U.S. Code sets forth rules con- Speaker and Majority and Minority cerning the service of its employees Leaders; 2 USCA § 76a, special as- as jurors or witnesses during certain sistant in the office of the Door- judicial proceedings. 2 USC § 130b. keeper; and 2 USCA § 123b(f), Direc- 10. Rule XI clause 9(c), House Rules and tor and employees for the House Re- Manual § 693 (1973). cording Studio. 11. Rule XLIII clauses 1–5, House Rules 14. 2 USCA § 60–1 (a). and Manual § 939 (1973). 15. 2 USC § 85. 12. Rule XLIV, House Rules and Manual 16. 2 USC § 86. § 940 (1973). See 115 CONG. REC. 17. 2 USC §§ 87, 101. 10040, 91st Cong. 1st Sess., Apr. 23, 18. 2 USCA § 130d.

639 Ch. 6 § 24 DESCHLER’S PRECEDENTS

Other statutory provisions sanc- ployee put on a Member’s payroll, or a tion the withholding from House committee payroll, shall not be put on employees of amounts due them if for a period of less than 1 month, except that, if the person put on does not an indebtedness of an employee to work out and they desire to terminate ( ) the House remains unsatisfied. 19 his employment in less than a month, he may not reappear on the Member’s payroll for a period of 6 months. § 25. Creating Positions Mr. Speaker, this is done to prevent what has happened to excess in some Temporary Employees committees, and I must say in some Members’ offices of having people on § 25.1 The frequent employ- the payroll for a day or two at a time. ment of personnel for brief This has caused an impossible situation in the Clerk’s office with regard to periods places an undue writing payroll checks.... strain on the accounting procedures of the House; and it Assistants to House Officials is the announced policy of the Committee on House Ad- § 25.2 Positions for assistants ministration to discourage to House officials are created the temporary employment by resolution. of personnel for periods of On Jan. 26, 1960,(1) Mr. John less than a month. W. McCormack, of Massachusetts, On Oct. 19, 1966,(20) Wayne L. presented before the House the Hays, of Ohio, Chairman of the following privileged resolution:

Committee on House Administra- HOUSE RESOLUTION 429 tion, delivered the following remarks to the House: Resolved by the House of Representa- tives, That, effective February 1, 1960, Mr. Speaker, I have an announce- there shall be paid out of the contin- ment which I think will be of general gent fund of the House, until otherwise interest to all Members and of special provided by law, compensation for the interest to some: employment of an Assistant Super- Today the House Committee on Ad- intendent in the House Periodical ministration passed unanimously a motion ordering and directing the 1. 106 CONG. REC. 1323, 86th Cong. 2d chairman to notify all Members that, Sess. For further examples of resolu- as of the 15th of November, any em- tions creating positions for assistants to House officials, see 106 CONG. 19. 2 USCA § 89a. REC. 408, 86th Cong. 2d Sess., Jan. 20. 112 CONG. REC. 27653, 89th Cong. 13, 1960, and 104 CONG. REC. 9758, 2d Sess. 85th Cong. 2d Sess., May 28, 1958.

640 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 25

Press Gallery, at the basic salary of (c) An additional position in the Of- $2,580 per annum. fice of the Minority Whip, the basic The resolution was agreed to. compensation of which shall be at a A motion to reconsider was laid on rate not to exceed $2,500 per annum. the table. The resolution was agreed to. A motion to reconsider was laid on Clerks to House Officers and the table. Officials Messengers to House Officers § 25.3 Positions for clerks to and Officials House officers and officials are created by resolution. § 25.4 Positions for messengers to House officers and offi- (2) Mr. John On Jan. 26, 1966, cials are created by resolu- W. McCormack, of Massachusetts, tion. obtained unanimous consent for ( ) the consideration of the following On Apr. 16, 1962, 3 subsequent resolution: to the Chair’s recognition of Mr. Carl Albert, of Oklahoma, the fol- H. RES. 690 lowing proceedings occurred: Resolved, That effective February 1, Mr. Speaker, I offer a resolution (H. 1966, there shall be paid out of the Res. 603) to provide for certain new po- contingent fund of the House of Rep- sitions and to increase the compensa- resentatives, until otherwise provided tion of certain employees of the House by law, such sums as may be necessary of Representatives, and ask unanimous for: consent for its immediate consider- 1. Additional clerical help in the Of- ation. fice of the Majority Leader, not to ex- ( ) THE SPEAKER: 4 Is there objection to ceed $3,000 (basic) per annum. the request of the gentleman from 2. (a) An additional position in the Oklahoma? Office of the Minority Leader, the basic There was no objection. compensation of which shall be at a The Clerk read the resolution as fol- rate not to exceed $2,500 per annum. lows: (b) An additional position in the Of- fice of the Majority Whip, the basic Resolved, That (a) there is hereby compensation of which shall be at a created in the Office of the Speaker the new position of Messenger the rate not to exceed $2,500 per annum. basic compensation of which shall be at the rate of $2,100 per annum, and 2. 112 CONG. REC. 1125, 89th Cong. 2d (b) There is hereby created in the Sess. For a further example of a Office of the Parliamentarian the House resolution providing for additional clerk-hire see 105 CONG. REC. 3. 108 CONG. REC. 6707, 87th Cong. 2d 559, 86th Cong. 1st Sess., Jan. 12, Sess. 1959. 4. John W. McCormack (Mass.).

641 Ch. 6 § 25 DESCHLER’S PRECEDENTS

new position of Clerk-Messenger the asked for the immediate consider- basic compensation of which shall be at the rate of $3,300 per annum. ation of the following resolution: Sec. 2. The basic compensation of H. RES. 7 each of the two positions of Tele- phone Clerk (one minority) in the Of- Resolved, That pursuant to the Leg- fice of the Doorkeeper of the House islative Pay Act of 1929, as amended, of Representatives shall be at the rate of $3,000 per annum. six minority employees authorized Sec. 3. The additional amounts therein shall be the following-named necessary to carry out the provisions persons, effective January 3, 1973, of this resolution shall be paid out of until otherwise ordered by the House, the contingent fund of the House of to-wit: Joe Bartlett and Robert T. Representatives until otherwise provided by law. Hartmann, to receive gross compensa- Sec. 4. This resolution shall take tion of $36,000.00 per annum, respec- effect May 1, 1962. tively; William R. Bonsell, to receive gross compensation of $35,886.89 per The resolution was agreed to. annum; Tommy Lee Winebrenner, to A motion to reconsider was laid on the table. receive gross compensation of $31,013.37 per annum; Walter P. Ken- nedy (minority pair clerk), to receive gross compensation of $30,820.35 per § 26. Minority Positions annum; and John J. Williams (Staff Director to the Minority), to receive Designation of Minority Em- gross compensation of $36,000.00 per ployees annum. The resolution was agreed to. § 26.1 The minority employees A motion to reconsider was laid on of the House are designated the table. by and have their compensa- tions established by House Establishing Position Titles resolution. § 26.2 Position titles for the mi- On Jan. 3, 1973,(5) Mr. John B. Anderson, of Illinois, offered and nority employees of the House and adjustments in 5. 119 CONG. REC. 27, 93d Cong. 1st their gross compensation are Sess. For further illustrations of provided for by resolution. House resolutions designating mi- (6) nority employees see 115 CONG. REC. On June 17, 1969, Mr. Gerald 4070, 91st Cong. 1st Sess., Feb. 20, R. Ford, of Michigan, offered and 1969; 115 CONG. REC. 35, 91st Cong. 1st Sess., Jan. 3, 1969; 112 CONG. 1963; and 108 CONG. REC. 7073, REC. 28514, 89th Cong. 2d Sess., 87th Cong. 2d. Sess., Apr. 19, 1962. Oct. 21, 1966; 109 CONG. REC. 6. 115 CONG. REC. 16196, 91st Cong. 11457, 88th Cong. 1st Sess., June 25, 1st Sess.

642 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 26 asked for the immediate consider- be a per annum gross rate equal to the ation of a resolution, as follows: annual rate of basic pay of Level V of the Executive Schedule in section 5316 H. RES. 441 of title 5, United States Code, unless a different rate is provided for such posi- Resolution relating to the positions tion by action of the House of Rep- of certain minority employees in the resentatives. House of Representatives Resolved, That, until otherwise pro- Sec. 2. (a) The first section of this vided by law—(1) The six positions of resolution shall not affect or change minority employees listed in House the appointments or continuity of em- Resolution 8, Ninety-first Congress, as ployment of those employees who hold supplemented by House Resolution such positions on the date of adoption 238, Ninety-first Congress, and House of this resolution. Resolution 265, Ninety-first Congress, (b) In accordance with the authority are hereby given position titles in the of the House of Representatives under descending order in which those six po- subparagraph (3) of the first section of sitions are listed in House Resolution 8 this resolution, the respective per as follows: annum gross rates of pay of those posi- (A) the position title of the position tions for which position titles are pro- listed first is ‘‘Floor Assistant to the vided by clauses (C), (D), (E), and (F) Minority’’; of subparagraph (1) of the first section (B) the position title of the position of this resolution are as follows: listed second is ‘‘Floor Assistant to the (1) for the position subject to clause Minority’’; (C)—$29,160; (C) the position title of the position (2) for the position subject to clause listed third is ‘‘Floor Assistant to the (D)—$25,200; Minority’’; (3) for the position subject to clause (D) the position title of the position (E)—$28,440; and listed fourth is ‘‘Floor Assistant to the (4) for the position subject to sub- Minority’’; paragraph (F)—$28,080. (E) the position title of the position Sec. 3. This resolution shall become listed fifth is ‘‘Pair Clerk to the Minor- effective as of the beginning of the cal- ity’’; and endar month in which this resolution (F) the position title of the position is adopted. listed sixth is ‘‘Staff Director to the Mi- The resolution was agreed to. nority’’. A motion to reconsider was laid on (2) Appointments to each position for the table. which a position title is provided by subparagraph (1) of this section shall be made by action of the House of Rep- resentatives. § 27. Compensation (3) The rate of pay of each position for which a position title is provided by The compensation of House em- subparagraph (1) of this section shall ployees is regulated both by stat- 643 Ch. 6 § 26 DESCHLER’S PRECEDENTS ute (7) and by resolution. The personnel salary allowances House by resolution has fixed,(8) granted to House officers.(14) (9) (10) increased, or adjusted the compensation of various employees. It has by resolution estab- Fixing Compensation lished salary limits (11) and authorized the transfer of funds to § 27.1 A resolution from the ( ) meet employee payrolls. 12 Em- Committee on House Admin- ployee overtime compensation has istration fixing the com- (13) been provided for by resolution pensation of certain House and on occasion the House has employees and providing for adopted resolutions increasing the their payment from the con- 7. For examples of statutory provisions tingent fund is reported and related to the compensation of var- called up as privileged. ious House employees see: 2 USCA On Dec. 1 1970 (15) Mr. Joe D. § 72a–2, basic compensation of em- Waggonner, Jr., of Louisiana, at ployees of House and Senate press, periodical, and radio galleries; 2 the direction of the Committee on USCA § 74a, basic compensation for House Administration submitted a (16) administrative assistants to the privileged report on and asked Speaker and Majority and Minority for the immediate consideration of Leaders; 2 USCA § 75c, basic com- the following resolution: pensation for Assistant Tally Clerks, H. RES. 1241 Office of the Clerk of the House; 2 USCA § 7ad, basic compensation for Resolved, That (a) until otherwise stationery clerks; 2 USCA § 75e, provided by law and effective the first basic compensation for employees of day of the month which begins on or the offices of Clerk, Doorkeeper, and after the date of adoption of this resolution, the rate of basic compensation Postmaster; 2 USCA § 76a, basic of— compensation for Special Assistant, Office of the Doorkeeper; 2 USCA 14. See § 27.7, infra. § 76b, basic compensation for Tele- 15. 116 CONG. REC. 39341, 91st Cong. 2d phone Clerks in the Office of the Sess. For additional examples of Doorkeeper; and 2 USCA § 84–3, House resolutions fixing the com- basic compensation for the Deputy pensation of House employees see Sergeant at Arms. 115 CONG. REC. 22545, 22546, 91st 8. See § 27.1, infra. Cong. 1st Sess., Aug. 6, 1969; and 9. See § 27.2, infra. 112 CONG. REC. 27647, 89th Cong. 10. See § 27.3, infra. 2d Sess., Oct. 19, 1966, where the 11. See § 27.4, infra. rate of compensation for several 12. See § 27.5, infra. House employees was established. 13. See § 27.6, infra. 16. H. REPT. NO. 91–1639.

644 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 26

(1) the clerk to the Official Reporters unanimous consent for the consid- of Debates shall be $6,160 per annum; eration of the following resolution: (2) the number one assistant clerk to the Official Reporters of Debates shall H. RES. 312 be $4,505 per annum; and Resolved, That, effective April 1, (3) the number two assistant clerk to 1965, the compensation of the Legisla- the Official Reporters of Debates shall tive Counsel of the House of Rep- resentatives shall be at a gross per be $4,005 per annum. annum rate which is equal to the gross (b) Until otherwise provided by law, per annum rate of compensation of the such amounts as may be necessary to Legislative Counsel of the Senate. The carry out subsection (a) of this resolu- additional sums necessary to carry out tion shall be paid out of the contingent this resolution shall be paid out of the fund of the House of Representatives. contingent fund of the House until otherwise provided by law. The resolution was agreed to after The resolution was agreed to. brief debate thereon, and a motion A motion to reconsider was laid on to reconsider was laid on the the table table. Compensation Adjustments Increasing Compensation § 27.3 A resolution providing § 27.2 The House by resolution for payment from the contin- increased the compensation gent fund of salary adjust- of the Legislative Counsel of ments for certain House em- the House to equal that of ployees was reported and the Legislative Counsel of called up as privileged by the the Senate. Committee on House Admin- istration. On Mar. 31, 1965,(17) Mr. Carl On Jan. 27, 1972,(18) Mr. Frank Albert, of Oklahoma, obtained Thompson, Jr., of New Jersey, was recognized to seek consider- 17. 111 CONG. REC. 6412, 89th Cong. 1st Sess. For additional examples of ation of the resolution shown House resolutions increasing House below: employee compensation see 102 MR. THOMPSON of New Jersey: Mr. CONG. REC. 7362, 84th Cong. 2d Speaker, by direction of the Committee Sess., May 2, 1956, where the salary on House Administration, I call up a of the official reporters of debates privileged resolution (H. Res. 741) and was increased, and 102 CONG. REC. ask for its immediate consideration. 6966, 84th Cong. 2d Sess., Apr. 25, 1956, where the salary of certain mi- 18. 118 CONG. REC. 1531, 92d Cong. 2d nority employees was increased. Sess.

645 Ch. 6 § 26 DESCHLER’S PRECEDENTS

The Clerk read the resolution as fol- motion to reconsider was laid on lows: the table. H. RES. 741 Fixing Compensation Limits Resolved, That until otherwise provided by law, effective as of January 1, 1972, the per annum gross rate of § 27.4 The House by resolution pay of each employee (except an em- permitted the salaries of ad- ployee who is an elected officer of the House) whose pay is disbursed by ministrative assistants to the Clerk of the House and is fixed House leaders to be in- at a specific rate by House resolution creased to the maximum is increased by an amount equal to 5.5 per centum of his per annum amount authorized under ex- gross rate of pay. No rate of pay ecutive level five of the Fed- shall be increased by reason of the adoption of this resolution to an eral Civil Service. amount in excess of the rate of basic On Jan. 15, 1968,(20) Mr. Carl pay of level V of the Executive Schedule contained in section 5316 Albert, of Oklahoma, obtained of title 5, United States Code. The unanimous consent for the consid- contingent fund of the House is eration of a resolution as follows: made available to carry out the purposes of this resolution. H. RES. 1015 THE SPEAKER:(19) The Clerk will re- Resolved, effective January 1, 1968, port the committee amendment. there will be payable from the contin- The Clerk read as follows: gent fund of the House of Representa- tives, until otherwise provided by law, Committee amendment: On page 1, line 4, immediately following the an amount which will permit payment word ‘‘the’’ strike out the word of basic compensation per annum, at a ‘‘House’’ and insert ‘‘House or who is rate not in excess of the highest an Official Reporter of Debates or an amount, which, together with addi- Official Reporter to Committees.)’’ tional compensation authorized by law, will not exceed the maximum rate au- THE SPEAKER: Without objection, the thorized by Level 5 of the Executive committee amendment is agreed schedule by Public Law 90–206, to the A reservation of the right to ob- administrative assistant of each of the ject being heard from Mr. Dur- following: ward G. Hall, of Missouri, a discussion of the resolution ensued at 20. 114 CONG. REC. 24, 90th Cong. 2d Sess. See also 111 CONG. REC. 4405, the conclusion of which Mr. 89th Cong. 1st Sess., Mar. 9, 1965, Thompson moved the previous where the House by resolution raised question on the resolution. The the gross salary limits for several previous question was ordered. House employees to the maximum The resolution was agreed to. A amount permissible under the salary schedule in effect for the legislative 19. John W. McCormack (Mass.). branch.

646 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 26

(1) Speaker of the House. hereby directed to pay such sum as (2) Majority leader of the House. may be necessary, from the balance (3) Minority leader of the House. available of the 1968 appropriation (4) Majority whip of the House. and the various funds of the 1969 ap- (5) Minority whip of the House. propriation, where balances may be (6) Each Member of the House who available, for the House of Representa- has served as Speaker of the House. tives to meet the May and June payroll (7) Each Member of the House who of Members, officers of the House, and has served as majority leader and minority leader of the House. employees of the House. Moneys ex- The resolution was agreed to, and pended from these funds and/or appro- a motion to reconsider was laid on priations by the Sergeant at Arms and the Clerk will be repaid to the funds the table. and/or appropriations from the Ser- geant at Arms and Clerk’s supple- Transferring Payroll Funds mental appropriation upon its ap- § 27.5 By resolution the House proval. has authorized the Clerk and Following some debate on the Sergeant at Arms of the resolution and the subsequent call House to transfer funds from of the House, the resolution was the balances available to agreed to. A motion to reconsider them in several accounts was laid on the table. under their administrative control to meet Members’ Overtime Compensation and employee payrolls pend- § 27.6 A resolution providing ing enactment of an appro- for payment from the contin- priation bill carrying funds gent fund of overtime com- for that purpose. pensation for employees of (1) On May 28, 1969, Mr. Samuel the publications distribution X. Friedel, of Maryland, submitted a privileged report (2) relating to a service (folding room) is re- resolution providing for the trans- ported and called up as priv- fer of certain funds in order to ileged by the Committee on meet a payroll. The resolution is House Administration. set out below: On Mar. 2, 1972,(3) Mr. Wayne H. RES. 425 L. Hays, of Ohio, at the direction Resolved, That the Clerk of the of the Committee on House Ad- House and Sergeant at Arms be and is 3. 118 CONG. REC. 6627, 92d Cong. 2d 1. 115 CONG. REC. 14165–67, 91st Sess. For another example see 112 Cong. 1st Sess. CONG. REC. 5993, 89th Cong. 2d 2. H. REPT. NO. 91–278. Sess., Mar. 16, 1966.

647 Ch. 6 § 26 DESCHLER’S PRECEDENTS ministration, called up and asked On July 22, 1971,(4) Mr. Wayne for immediate consideration of the L. Hays, of Ohio, at the direction following House resolution: of the Committee on House Ad- ministration, submitted a privi- H. RES. 835 leged report (5) relating to the use Resolved, That, notwithstanding any of the contingent fund of the other provisions of law, there is au- House to pay certain salaries, and thorized to he paid out of the contin- sought immediate consideration of gent fund of the House of Representa- the resolution shown below: tives such sums as may be necessary to pay compensation to each employee HOUSE RESOLUTION 533 of the Publications Distribution Service Resolved, That, until otherwise proof the House of Representatives for all vided by law, effective as of July 1, services performed by such employee 1971, in addition to all other amounts in excess of the normal workday where provided by other provisions of law, such services are authorized by the there shall he paid out of the contin- Committee on House Administration. gent fund of the House for compensa- Such compensation shall he paid on an tion of the officers and employees of hourly basis at a rate equal to the rate the Office of the Speaker of the House of compensation otherwise paid to such the sum of $50,000. employees. Debate on the resolution en- This resolution shall take effect on its adoption and payments made under sued, at the conclusion of which this resolution shall be terminated as the previous question on the reso- the Committee on House Administra- lution was moved and ordered. tion determines necessary. The question was taken and the The resolution was agreed to. resolution agreed to. A motion to A motion to reconsider was laid on reconsider was laid on the table. the table. Presentation of Salary Com- Increasing Personnel Salary parability Allowances § 27.8 The Speaker laid before § 27.7 A resolution from the the House a directive imple- Committee on House Admin- menting the salary com- istration providing for pay- parability policy established ment from the contingent fund of compensation to em- 4. 117 CONG. REC. 26652, 92d Cong. 1st ployees in the Speaker’s of- Sess. For a further example see 108 CONG. REC. 8, 87th Cong. 2d Sess., fice was reported and called Jan. 10, 1962. up as privileged. 5. H. REPT. NO. 92–373.

648 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 26

by the Federal Salary Act of Announcing Statutory Salary 1967 for House officers and Adjustments employees. On June 17, 1969,(6) the Speak- § 27.9 Adjustments in the er (7) laid before ’the House a mes- House employees’ wage sage from the President, transmit- schedule are sometimes an- ting the President’s annual report nounced by the Chairman of on salary comparability and his the Committee on House Ad- directive implementing certain ministration. salary adjustments in the executive branch of government. Upon On Jan. 27, 1966,(9) Mr. Omar the receipt of the President’s re- T. Burleson, of Texas (at the report, the Speaker laid before the quest of Mr. Lynn E. Stalbaum, of House his directive, including a schedule of per annum compensa- Wisconsin), pursuant to a grant of tion rates for House employees, permission to extend his remarks which implemented the salary in the Record, announced and comparability policy established by the Federal Salary Act of submitted tables reflecting adjust- 1967.(8) ments provided for by public law (10) in the schedule of per 6. 115 CONG. REC. 16195, 16196, 91st Cong. 1st Sess. See also 114 CONG. annum compensation rates appli- REC. 16717, 90th Cong. 2d Sess., cable to House employees. June 11, 1968, for the presentation of a similar directive. 9. 112 CONG. REC. 1399, 89th Cong. 2d 7. John W. McCormack (Mass.). Sess. 8. Pub. L. No. 90–206. 10. Pub. L. No. 89–301.

649