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5. Announcement of Death

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5. Announcement of Death DEATH Ch. 38 § 5 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 597 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00609 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 38 § 5 DESCHLER-BROWN-JOHNSON PRECEDENTS other House officers or officials, is ber acts as Speaker pro tempore generally, but not invariably, an- until the election of a Speaker or nounced by the Member with the Speaker pro tempore.(3) Presum- longest continuous service, also ably one of this Speaker pro known as the dean, of the tempore’s first acts would be to deceased’s State delegation.(1) announce the death of the Speak- This may be done in a one-minute er. Before the 108th Congress, speech, customarily before the upon the death of a Speaker, the business of the day or in between Clerk would convene the House recorded votes. A Member, again and announce the Speaker’s usually the dean of the State dele- death, and would preside until a gation, may choose to inform the new Speaker was elected.(4) The House of the death of a Senator, announcement which initiates fur- in which case, it will be done in ther procedures as a mark of re- the same manner. However, with spect will still be that of a Mem- modern communication devices ber, traditionally the senior mem- providing almost immediate notifi- ber of the State delegation of cation of death and the varied cir- which the Speaker had been a cumstances of death, the formal Member.(5) announcement of the death on the Whenever possible, the death of floor may be bypassed in favor of a Member will be announced at consideration of a resolution of the next convening of the House sympathy. When a Senator or a after the death has occurred, or Member of the House dies, a copy on the day of the death itself if of the resolution of sympathy in- the House is in session.(6) forming of the death will be mes- Upon the death of a President saged to the other body.(2) or former President, the House Pursuant to a rule adopted in the 108th Congress, in the event 3. Rule I clause 8(b)(3)(A), House Rules of a vacancy in the Office of and Manual § 632 (2007). Speaker, including one as the re- 4. See § 4.2, supra. sult of death, a designated Mem- 5. See 6 Cannon’s Precedents § 265, which reads as follows: ‘‘Recently it 1. See § 5.7, infra. has been the general, though not the See also § 5.5, infra, where the universal practice, to designate as death of former Speaker Joseph W. Speaker pro tempore during eulogies Martin, Jr. (MA) was announced by on a deceased Member, the dean of the ranking Republican of the Mas- the State delegation regardless of sachusetts delegation. party affiliation.’’ 2. See § 6, infra. 6. 5 Hinds’ Precedents §§ 7123–7128. 598 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00610 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A DEATH Ch. 38 § 5 will normally be informed by the Nation at 1:30 p.m., CST (2:31 Presidential message,(7) although EST) on Friday, Nov. 22, 1963. the House has been informed of The House had adjourned from the death of a former President by Thursday, Nov. 21, 1963, to Mon- proclamation.(8) The Acting Chief day, Nov. 25, 1963. On Nov. 22, Justice of the United States will 1963, notice of the shooting hav- inform the House by letter of the ing been informally received in death of the Chief Justice.(9) A the Senate, that body recessed at Member from the home State of 1:55 p.m. (EST) ‘‘pending develop- an Associate Justice of the Su- ments’’ and subject to the call of preme Court will likely be the the Chair. At 2:10 p.m. (EST) the person to announce such a death Senate reconvened. On the ap- to the House.(10) pearance of a quorum, a prayer The death of a Cabinet Member for the President was offered and may be announced by a Mem- at 2:20 p.m. (EST),(13) the Senate ber.(11) However, notification of adjourned until Monday, Nov. 25, the death of a Cabinet Member or 1963. Thus, neither body was in Secretary of one of the branches of session when the death of the the Armed Forces has also on oc- President was announced to the casion been conveyed by procla- Nation.(14) mation.(12) The deaths of officers and officials of the House are 13. 109 CONG. REC. 22693, 88th Cong. often announced by Members af- 1st Sess. filiated with their Home states. 14. After President Kennedy’s death, President Lyndon B. Johnson (TX) The circumstances of a death addressed a joint session of Congress and the schedule of the Congress on Nov. 27, 1963, to deliver his trib- are not always such that an or- ute to the late President and affirm derly and timely announcement is his intentions to continue the poli- possible. The death by assassina- cies set by his predecessor. See 109 tion of President John F. Kennedy CONG. REC. 22838, 22839, 88th presents an interesting example. Cong. 1st Sess. When President Franklin Delano President Kennedy’s death in Roosevelt died, Rep. Alben W. Bar- Dallas, Texas, was announced to kley (KY) unofficially announced the death to the Senate on Friday, Apr. 7. See § 5.1, infra. 13, 1945. The Senate proceeded to 8. See § 5.2, infra. agree to a resolution of sympathy, 9. See § 5.3, infra. which was messaged to the House 10. See § 6.7, infra. and constituted the only official an- 11. See, e.g., § 5.13, infra. nouncement of President Roosevelt’s 12. See § 5.15, infra. death the House received, prior to 599 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00611 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 38 § 5 DESCHLER-BROWN-JOHNSON PRECEDENTS The flying of the United States Representatives; and on the day of flag at half-staff represents both a death and the following day for a symbolic announcement that a Member of Congress. By Presi- ( ) death has occurred and a symbolic dential proclamation, 17 the flag tribute. By order of the President, is flown at half-staff on all build- the flag shall be flown at half-staff ings, grounds, and naval vessels upon the death of principal fig- of the Federal Government in the State, congressional district, terri- ures of the United States govern- tory, or commonwealth of such ment and the Governor of a State, Senator, Representative, Delegate, territory, or possession, as a mark or Commissioner, respectively, of respect to their memory.(15) from the day of death until inter- By statute,(16) the flag is flown ment. at half-staff 30 days from the In the 108th Congress, clause 5 death of the President or of a of Rule XX was changed to codify former President; 10 days from the long-standing practice that the day of death of the Vice Presi- the whole number of the House of dent, the Chief Justice or a re- Representatives was changed tired Chief Justice of the United whenever a vacancy by death, res- States, or the Speaker of the ignation, expulsion, disqualifica- tion, or removal arose.(18) The House of Representatives; from change provided that the Speaker the day of death until interment announce the adjustment to the of an Associate Justice of the Su- House and that such an an- preme Court, a member of the nouncement not be subject to ap- Cabinet, a former Vice President, peal.(19) The change also provided the President pro tempore of the that in the case of a death, the Senate, the Majority Leader of the Speaker may lay before the House Senate, the Minority Leader of the such documentation from Federal, Senate, the Majority Leader of the State, or local officials as he House of Representatives, or the deems pertinent.(20) Minority Leader of the House of The change in the rules was part of a number of recommenda- President Truman’s message to the tions from a bipartisan Continuity House and Senate in joint session on Apr.
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