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 in- as, § 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 de- clare, §§ 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.