DEATH Ch. 38 § 4

§ 4. Administration of under special circumstances and Member’s Offices Fol- as approved by the Clerk. lowing Death There is no time limit imposed on the sorting and shipment of a When a Member of the House deceased Member’s personal offi- dies, staff members are retained cial papers. Usually a designated on the payroll of the House, under office employee assists the next of the direction of the Clerk, to carry kin in the collection and disposi- on the functions of the deceased tion of personal papers. Member’s office until a new Mem- Prior to the 108th Congress, ber is elected. This insures con- when a Speaker died during a ses- tinuing congressional service to sion of Congress, the Clerk gen- the Member’s District. The Clerk erally called the House to order has the authority to terminate and presided until a new Speaker staff, and with the approval of the was elected.(2) Following the pre- Committee on House Administra- sumptive death of two Members- tion, appoint such staff as re- elect (including the Majority Lead- quired to operate the office until a er in the 93rd Congress), the successor is elected.(1) House adopted several resolutions The Washington office of a de- to address administration of those ceased Member remains open offices.(3) until a new Member is elected to the vacancy. District offices may f be kept open until a successor is Death of Speaker elected. Any official bills of an of- fice that are unpaid at the time of § 4.1 Rule I clause 8(1) provides a Member’s death will be proc- for a Speaker to designate a essed by the Clerk of the House. Member to act as Speaker The deceased Member’s frank pro tempore in a limited ca- can no longer be used after his pacity in the event of his death. The staff will use the death. It provides that in the Clerk’s frank in conducting the of- event of a vacancy in the Of- ficial business of the office until a fice of Speaker, including new Member is elected. No staff travel is authorized 2. See §§ 4.1–4.3, infra; Chs. 1, 6, after a Member’s death, except supra. 3. See §§ 4.3–4.5, infra. 1. See Rule II clause 2(i)(1), House 1. House Rules and Manual § 632 Rules and Manual § 653 (2007). (2007).

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one as the result of death, a Massachusetts, was elected (by designated Member acts as resolution) to be Speaker pro tem- Speaker pro tempore until pore during the absence of the the election of a Speaker or Speaker. Speaker pro tempore and The first session of the 87th that pending the election of a Congress adjourned sine die on Speaker or Speaker pro tem- Sept. 27, 1961. Speaker Rayburn pore, the Member acting as died on Nov. 16, 1961, in Bonham, Speaker pro tempore may ex- Texas. ercise such authorities of the In response to inquiries during the adjournment period, the Lead- Office of the Speaker as may ership agreed that upon the death be necessary and appro- of the Speaker the authority of priate to that end. the Speaker pro tempore termi- § 4.2 Prior to the 108th Con- nated, and that the Clerk was the gress, upon the death of the proper official to call the House to order on the day appointed for re- Speaker, the Clerk called the convening.(5) House to order, announced On Jan. 10, 1962,(6) the Clerk the death of the Speaker, and called the House to order: presided over the House until the election of a new The House met at 12 o’clock noon and was called to order by the Honor- Speaker. able Ralph R. Roberts, Clerk of the On Jan. 10, 1962,(1) the Clerk of House. the House(2) called the House to The CLERK. Members of the House of Representatives, the time has arrived order, announced the death of the for the meeting of the 2d session of the (3) Speaker, and presided over the 87th Congress. Since the last session of election of a new Speaker. Congress the great and beloved Speak- Parliamentarian’s Note: Speaker er of the House has departed this life. Rayburn presided over the House 5. For other instances in which the for the last time on Aug. 30, 1961. Clerk called the House to order upon (4) On Aug. 31, 1961, Majority the death of a Speaker, see 86 CONG. Leader John W. McCormack, of REC. 12231, 76th Cong. 3d Sess., Sept. 16, 1940 (Speaker Bankhead); 1. 108 CONG. REC. 5, 6, 87th Cong. 2d 80 CONG. REC. 9016, 74th Cong. 2d Sess. Sess., June 4, 1936 (Speaker Byrns); 2. Ralph R. Roberts. and 79 CONG. REC. 9, 74th Cong. 1st 3. (TX). Sess., Jan. 3, 1935 (Speaker Rainey). 4. See 107 CONG. REC. 17765, 17766, 6. 108 CONG. REC. 5, 87th Cong. 2d 87th Cong. 1st Sess. (H. Res. 445). Sess.

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The Clerk of the House, in con- floor which, in part, contin- formity with the rules, has called the House to order for the purpose of elect- ued on the clerk-hire rolls ing a Speaker. The roll will be called to the clerical assistants in the ascertain whether a quorum is present. employ of the Majority Lead- The Clerk will call the roll. er at the close of the pre- f ceding Congress until such time as the vacancy caused CALL OF THE HOUSE by his absence (and pre- The Clerk called the roll.... sumptive death) could be The CLERK. Four hundred and elev- en Members having answered to their filled by a special election. names, a quorum is present. On Jan. 3, 1973,(1) House Reso- Inasmuch as election of a new lution 8 was offered by Mr. F. Ed- Speaker is the first order of busi- ward He´bert, of . The ness in the House when a vacancy clause pertinent to retention of in this office has occurred, Mem- the late Majority Leader’s employ- bers-elect do not participate either ees read as follows: in the alphabetical call of the roll Resolved, That there shall be paid or in the election of the Speaker from the contingent fund of the House, since they had not yet been sworn until otherwise provided by law, such into office. Resignations tendered sums as may be necessary to com- during the adjournment sine die pensate the clerical assistants des- were not laid before the House ignated by former Representative Hale prior to the vote for Speaker, but Boggs in the 92nd Congress and borne the names of those who had re- upon the clerk hire pay rolls of the signed were stricken from the roll House of Representatives at the close of the 92nd Congress at the rates of and were not called to establish compensation then payable to said the quorum or to elect the Speak- clerical assistants, until a successor is er. elected to fill the vacancy in the Sec- This corrects an anomaly in 1 ond Congressional District of the State Hinds § 224, where, in 1820, sev- of Louisiana caused by the absence of eral unsworn Members-elect were Representative-elect Hale Boggs: Pro- permitted to vote for Speaker to vided, that the Clerk is authorized to fill a vacancy in the second ses- make, from time to time, such salary adjustments as he deems advisable sion. That instance runs contrary with respect to all of the aforemen- to the precedent cited herein. tioned employees. Presumptive Death of Mem- § 4.4 The House by unanimous bers-elect consent considered and

§ 4.3 The House agreed to a 1. 119 CONG. REC. 27, 93d Cong. 1st resolution offered from the Sess.

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agreed to a resolution of- preceding Congress be car- fered from the floor which, ried on the clerk-hire rolls in part, directed the Clerk to until the vacancy in the new appoint to the House clerk- Congress caused by his death hire rolls two designated em- could be filled by special ployees of a former Majority election. The resolution also Leader until the vacancy authorized the Clerk to fill caused by his death could be two vacancies on the de- filled. ceased Member’s staff and to On Jan. 3, 1973,(1) House Reso- adjust the salaries of all the lution 8 was offered by Mr. F. Ed- employees in that office. ward He´bert, of Louisiana. The The relevant paragraph of clause pertaining to Majority Hale House Resolution 9, offered by Boggs’ employees is as follows: Mr. Thomas P. O’Neill, Jr., of Massachusetts, on Jan. 3, 1973,(1) Resolved, That effective January 3, 1973, the Clerk of the House is author- appears below: ized and directed to appoint James T. Resolved, That there shall be paid Nickens and Harry D. Debuys, two out of the contingent fund of the clerks on the pay roll of the Office of House, until otherwise provided by the Majority Leader at the close of the law, such sums as may be necessary to compensate the clerical assistants 92nd Congress, to the clerk hire pay designated by the late rolls of the House of Representatives at and borne upon the clerk hire pay- the rates of compensation then payable rolls of the House of Representatives to said clerks, until a successor is at the close of the 92d Congress at elected to fill the vacancy caused by the rates of compensation then pay- able to said clerical assistants, until the absence of Representative-elect a successor is elected to fill the va- Hale Boggs: Provided, that the Clerk is cancy caused by the death of the authorized to make, from time to time, said Nick Begich; Provided, That the such salary adjustments as he deems Clerk of the House is hereby author- advisable with respect to the aforemen- ized to employ two additional em- tioned two employees. ployees, to fill the vacancy on the staff of the late Nick Begich caused The resolution was agreed to. by the death of Russell L. Brown of and to fill the other vacancy § 4.5 The House considered on that staff which has occurred and agreed to a resolution since the death of the late Nick Begich, and there shall be paid from which provided, in part, that the contingent fund such additional those clerical assistants em- sums as may be required to com- pensate the employees so designated ployed by a deceased Mem- at a rate to be determined by the ber-elect at the close of the Clerk: Provided further, that the

1. Ibid. 1. Ibid.

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Clerk is authorized to make, from (2) provide such office expenses, time to time, such salary adjust- including telephone allowance, ments as he deems advisable with equipment rental, stationery, and respect to all of the aforementioned postage, as the Clerk deems essen- employees.... tial to the operation of these afore- mentioned offices; The resolution was agreed to. (3) pay the expenses of travel be- tween Washington, D.C., and the § 4.6 By unanimous consent, State of Alaska, and within the State of Alaska, for such personnel as the the House considered a reso- Clerk may specifically designate and lution offered from the floor authorize to travel in connection which, in part, provided for with their official duties as clerical assistants in the aforementioned of- payment from the contingent fices. fund of necessary office and The resolution was agreed to. travel expenses of a former Member until the vacancy Parliamentarian’s Note: The caused by his death was Speaker received written requests filled. from Mr. Begich’s staff for ap- pointment of additional interim (1) On Jan. 3, 1973, Mr. Thomas staff to handle constituent prob- P. O’Neill, Jr., of Massachusetts, lems in Alaska pending election of rose to offer House Resolution 9, a new Representative. (Mr. Begich which dealt both with authorizing had been elected at-large.) In one expenditures in connection with letter, Mr. Begich’s administrative the widow’s gratuity and as well aide requested he be authorized with expenses for the office of the by resolution to hire additional in- late Member-elect Nick Begich, of terim staff. The Speaker decided Alaska. The relevant portion of to confer that authority upon the the resolution stated as follows: Clerk of the House, who was also Resolved, That there shall be paid empowered to make pay adjust- from the contingent fund of the ments pursuant to the five per- House, until a successor is elected to fill the vacancy caused by the death cent cost-of-living adjustment of Representative-elect Nick Begich, available as of Jan. 1, 1973. such sums as may be required for the Clerk of the House to: (1) pay all necessary expenses re- quired to maintain in operation the § 5. Announcement of three offices in the State of Alaska, and the one office in the District of Death; Accounting for Columbia, operated by the late Rep- Vacancies resentative Nick Begich at the close of the 92d Congress; The death of a Member (includ- 1. Ibid. ing the Speaker) and often of

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