[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 425-429]
 
                               CHAPTER 6
 
                  Officers, Officials, and Employees 


[[Page 425]]



A. The Speaker

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

B. Speaker Pro Tempore

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

C. House Officers

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

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    Commentary and editing by Roy Miller, LL.B., and Thomas J. Nicola, 
J.D.
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[[Page 426]]

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

D. As Party Defendant or Witness

   Sec. 23. In General; Immunities

E. Employment

   Sec. 24. In General
   Sec. 25. Creating Positions
   Sec. 26. Minority Positions
   Sec. 27. Compensation

  

[[Page 426]]




                          INDEX TO PRECEDENTS
                                     

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

[[Page 427]]

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

[[Page 428]]

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

[[Page 429]]

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


                         DESCHLER'S PRECEDENTS

[[Page 431]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 1. Introductory



    The Speaker of the House of Representatives is the central 
political leader in the House and one of the most powerful and 
influential institutional figures in the United States government.
    This subchapter describes the nature of the office of the Speaker, 
outlines his jurisdiction and duties, and illustrates various 
limitations on the Speaker's powers.
    Throughout the subchapter, appropriate cross references are given 
to other chapters wherein fuller treatment of the various substantive 
areas are found.
    Certain precedents involving the Chairman of the Committee of the 
Whole have been included herein where they appear to be applicable, by 
way of analogy, to the Speaker.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 2. Definition and Nature of Office

    Article I, section 2, of the U.S. Constitution provides that ``the 
House of Representatives shall chuse their Speaker.''(1) The 
Member elected by the House as Speaker is almost invariably the Member 
chosen in the caucus or conference of the majority party in the 
House.(2)
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 1. See Ch. 1, supra, for treatment of the election of the Speaker.
 2. See Ch. 3, supra, for treatment of the party caucus or conference 
        procedures to select a nominee for Speaker.
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    The term of office of the Speaker begins upon his election and 
taking of his oath of office. The term ends upon the expiration of the 
Congress to which the Member was elected Speaker, unless the Speaker 
has resigned, died, or been removed by the House.(3)
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 3. ``A Speaker may be removed at the will of the House. . . .'' 
        Jefferson's Manual, House Rules and Manual Sec. 315 (1973). 
        Parliamentarian's Note: The House has never removed a Speaker, 
        however.
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    The Member chosen as the Speaker is the presiding officer of the 
House, charged with numerous duties and responsibilities by law and by 
House rules as will be ex-emplified in this subchapter;(4)

[[Page 432]]

but he is not unlimited in the exercise of his various 
powers.(5) In one sense, he represents the House as one body 
of Congress. For example, he signs all acts and joint resolutions for 
the House.(6) In another sense he represents the House as a 
single entity acting separately from any Senate action. For example, he 
has a formal part in initiating contempt of House proceedings against 
recalcitrant witnesses.(7) In still another sense he 
represents all of the individual Members of the House.(8) 
The Member elected Speaker also represents the membership in such 
matters as accepting service of subpena in his official 
capacity.(9)
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 4. See Sec. Sec. 3, 5-8, infra.
 5. See Sec. 4, infra.
 6. Rule I clause 4, House Rules and Manual Sec. Sec. 624 and 625 
        (1973). See Ch. 24, infra, for fuller treatment of the 
        Speaker's role in the signing of bills, joint resolutions, etc.
 7. See Sec. 3.41, infra.
 8. See Ch. 29, infra, for fuller treatment of the Speaker's role in 
        the House's consideration and debate of legislative measures.
 9. See Sec. 3.39, infra. See Ch. 11, infra, for treatment of the 
        Speaker's's role with respect to service of subpenas on the 
        House, Members, and House officers and employees.
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    The Speaker also serves as the official recipient of numerous 
reports made to Congress pursuant to law. For instance, he receives 
reports concerning various matters from the President,(10) 
and from various department heads and Cabinet Secretaries, including 
the Secretaries of the Treasury,(~11) 
Agriculture,(12) Defense,(13) and 
Interior,(14) as well as the Board of Governors of the 
Federal Reserve System.(15) Pursuant to House 
rules(16) the Speaker is provided a list of such reports to 
be made to the Congress(17) and, although the reports may 
not under law be specifically required to be addressed to him, in 
practice all such reports are addressed to the Speaker for his 
reference to appropriate House committees, a function he may delegate 
to the House Parliamentarian.
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10. See 7 USC Sec. 1703; 22 USC Sec. Sec. 1853, 2261, 2318, and 2753. 
        See Ch. 35, infra, for treatment of communications to or from 
        the executive branch.
11. See 6 USC Sec. 14 and 16 USC Sec. 1081.
12. See 7 USC Sec. 2155.
13. See 10 USC Sec. 2358 note.
14. See 16 USCA Sec. 469e.
15. See 12 USCA Sec. 247.
16. Rule III clause 2, House Rules and Manual Sec. 640 (1973).
17. See for example H. Doc. No. 93-21, 93d Cong. 1st Sess. (1973).
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    The Member chosen as Speaker also serves in such capacities as an 
ex officio member of the Presidential Election Campaign Fund Advisory 
Board.(18)
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18. 26 USCA Sec. 9021.

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[[Page 433]]

    The Speaker's compensation is fixed by law.(19) Statutes 
provide the Speaker with an expense allowance,(20) a postage 
allowance,(1) a mileage allowance for travel to and from 
each regular session,(2) a stationery 
allowance,(3) telephone, telegraph, and radiotelegraph 
allowances,(4) clerk-messengers,(5) and 
additional compensation for personal services in his 
office.(6)
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19. See 2 USC Sec. 31. See Ch. 7, infra, for treatment of Members' 
        compensation and allowances.
20. See 2 USC Sec. 31b.
 1. See 2 USC Sec. Sec. 42, 42c, and 42d.
 2. See 2 USC Sec. Sec. 43, 43b, and 43b-1.
 3. See 2 USC Sec. 46b.
 4. See 2 USC Sec. Sec. 46g and 46g-1.
 5. See 2 USC Sec. 74-2.
 6. See 2 USC Sec. 74-1.
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    The amounts of allowances to the Speaker for clerk 
hire,(7) postage stamps, stationery, telephone and 
telegraph, office space, and official office expenses in his home 
district and for similar items in his Washington office may from time 
to time be adjusted by the Committee on House Administration.
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 7. See 2 USC Sec. 57.
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    The Member chosen as Speaker retains his status as a Member, and 
thus, for example, may introduce legislation as a Member.(8) 
But he also attains a new status along with his additional duties. Most 
significantly, he enters into the line of succession to the Presidency. 
When, by reason of death, resignation, removal from office, inability, 
or failure to qualify, there is neither a President nor a Vice 
President, the Speaker, upon his resignation as Speaker and as a 
Representative, becomes the acting President of the United 
States.(9) Thus the Speaker is subject to being protected by 
the United States Secret Service.(10)
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 8. See Sec. 2.2, infra. See Ch. 16, infra, for treatment of the 
        introduction of bills, etc.
 9. 3 USC Sec. 19.
10. 18 USC Sec. 3056.
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    Former Speakers of the House have been provided clerk hire, 
administrative assistants,(11) the use of an 
automobile,(12) and federal office space and related 
allowances and expenses for a prescribed time limit after 
retirement.(13)
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11. See Sec. 2.3, infra.
12. See Sec. 2.4, infra.
13. See Sec. 2.5, infra.
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    Upon the death of a Speaker holding office, the flag of the United 
States is flown at half staff.(1~4)
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14. 36 USC Sec. 175 note; Proc. No. 
        3044.                          -------------------
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Speaker as Representative of the Members

Sec. 2.1 House rules(15) and practice dictate that Members

[[Page 434]]

    should address the Speaker in debate, and no other persons, 
    inasmuch as the Speaker is said to represent all of the Members of 
    the House for such purpose.
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15. Rule XIV clause 1, House Rules and Manual Sec. 749 (1973).
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    On Jan. 12, 1932,(16) Speaker John N. Garner, of Texas, 
discussed the proper way for a Member to preface his remarks to the 
House.
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16. 75 Cong. Rec. 1815, 72d Cong. 1st Sess.
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        The Speaker: The Chair is in entire sympathy with the remarks 
    made by the gentleman from Massachusetts [Mr. Luse]. It is supposed 
    to be a slight upon the Chair, according to the expressions of 
    former Speakers of the House, when Members address the Chairman of 
    the Committee of the Whole or the Speaker and then address the 
    Members on the floor en masse. The Speaker represents the House of 
    Representatives in its organization, and by addressing the Chair 
    gentlemen address the entire membership of the House.

Sponsorship of Bills

Sec. 2.2 Although traditionally the Speaker refrains from sponsoring 
    public bills containing subject matter of a general import, he has 
    on occasion introduced a public bill pertaining solely to a matter 
    within his congressional district.

    On May 21, 1970,(17) a public bill was introduced by 
Speaker John W. McCormack, of Massachusetts:
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17. 116 Cong. Rec. 16643, 91st Cong. 2d Sess.
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        Under clause 4 of rule XXII, public bills and resolutions were 
    introduced and severally referred as follows: . . .
        By Mr. McCormack:
        H.R. 17750. A bill to declare the tidewaters in the waterway of 
    the Fort Point Channel lying between the northeasterly side of the 
    Summer Street highway bridge and the easterly side of the 
    Dorchester Avenue highway bridge in the city of Boston nonnavigable 
    tidewaters, to the Committee on Interstate and Foreign Commerce. . 
    . .

Former Speakers' Benefits

Sec. 2.3 Former Speakers have been provided clerk hire and 
    administrative assistants through the contingent fund of the House.

    On Jan. 12, 1959,(18) a resolution was adopted regarding 
benefits for former Speakers of the House.
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18. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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        Resolved, That effective January 7, 1959, there shall be 
    payable from the contingent fund of the House, until otherwise 
    provided by law, for any Member of the House who has served as 
    Speaker of the House, an additional $5,000 basic per annum for 
    clerk hire,

[[Page 435]]

    and in addition an administrative assistant at the basic rate of 
    $8,880 per annum.
        The Speaker:(19) Without objection, the resolution 
    is agreed to.
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19. Sam Rayburn (Tex.)
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        There was no objection.

Sec. 2.4 Former Speakers have been provided the use of automobiles 
    through the contingent fund of the House.

    On Jan. 12, 1959,(20) a resolution was adopted regarding 
benefits for former Speakers of the House.
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20. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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        Resolved, That there shall be paid out of the contingent fund 
    of the House, until otherwise provided by law, expenses necessary 
    for the purchase, maintenance, operation, and driving of an 
    automobile for the use of any Member of the House who has served as 
    Speaker of the House.
        The Speaker(21) Without objection, the resolution is 
    agreed to.
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21. Sam Rayburn (Tex.).
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        There was no objection.
        A motion to reconsider was laid on the table.

Sec. 2.5 Upon retirement, a former Speaker was provided with federal 
    office space and related expenses and allowances.

    On Dec. 22, 1970,(22) a resolution was called up 
providing that upon its enactment the Speaker of the 91st Congress, Mr. 
John W. McCormack, of Massachusetts, would upon his retirement be 
entitled to, among other things: (1) federal office space, (2) an 
office expense of $100 per month, (3) frank mail privileges, (4) a 
local telephone allowance, (5) salaries for two secretaries, and (6) a 
stationery allowance without cash withdrawal, all to be financed from 
the contingent fund of the House. After some debate, the resolution was 
passed.
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22. 116 Cong. Rec. 43313, 43314, 91st Cong. 2d Sess.
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                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 3. Jurisdiction and Duties

    The Speaker's jurisdiction and duties are found in numerous 
statutes and, of course, throughout the House rules.
    Generally speaking, the Speaker's jurisdiction and duties relate to 
the House rules, the Members, and the dignity and prerogatives of the 
House.(1)
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 1. See Sec. 3.1. infra.
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    At the beginning of a Congress, the Speaker normally administers 
the oath of office to the new Members.(2) When a Speaker pro 
tem

[[Page 436]]

pore is elected or designated and approved, the Speaker, if he is 
present, also administers the oath of office to the Speaker pro 
tempore.(3) In addition, the Speaker has the power to 
administer oaths to witnesses.(4)
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 2. See Sec. 3.2, infra, and 2 USC Sec. 25 (1973). See Ch. 1, supra, 
        for treatment of the Speaker's role in the assembly of 
        Congress.
 3. See Sec. 3.3, infra.
 4. 2 USC Sec. 191. See Ch. 15, infra, for treatment of the Speaker's 
        role in House investigations and inquiries.
            Parliamentarian's Note: This statutory power has rarely 
        been used by Speakers in modern times.
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    Under various House rules the Speaker presides over all regularly 
scheduled House business:
    (1) He calls the Members to order at the beginning of each daily 
session.(5) Under the constitutional provisions dealing with 
quorums(6) the Speaker then proceeds unless objection is 
raised that a quorum is not present.(7~)
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 5. Rule I clause 1, House Rules and Manual Sec. 621 (1973). See Ch. 
        20, infra, for the Speaker's role in the call of the House.
 6. U.S. Const. art I, Sec. 5.
 7. See Ch. 20, infra, for treatment of the Speaker's role in 
        determining the presence of a quorum.
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    (2) If a quorum is present, the Speaker, having examined the House 
Journal, may announce his approval of it. It is ordinarily not read 
unless such is insisted upon.(8)
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 8. Rule I clause 1, House Rules and Manual Sec. 621 (1973). See Ch. 5, 
        supra, for treatment of the Speaker's duties with regard to the 
        House Journal.
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    (3) The next item of business under the rules--though infrequently 
applied--is the reference(9) or correction of reference of 
bills, joint resolutions, etc., to appropriate 
committees.(10) In this regard, the Speaker may defend his 
reference of measures should they be challenged.(11)
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 9. See Sec. 3.5, infra. See also Sec. 4.3, infra. See Ch. 16, infra, 
        for fuller treatment of the Speaker's role in the reference of 
        bills, etc., to committees.
10. See Sec. 3.6, infra.
11. See Sec. 3.7, infra. See Ch. 29, infra, for fuller treatment of the 
        Speaker's participation in debate.
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    (4) The Speaker next disposes of business on the Speaker's table. 
Such business includes Presidential messages, communications from 
department heads, and measures sent to the House by the 
Senate.(12)
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12. Rule XXIV clauses 1 and 2, House Rules and Manual Sec. 878, et seq. 
        (1973. See also Sec. 2, supra, for examples of reports cleared 
        through the Speaker's office.
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    (5) The Speaker then proceeds to unfinished 
business.(13) Under the rules, then comes the morning hour 
for the consideration of bills called up by committees;(14) 
how

[[Page 437]]

ever, this procedure is not followed under present House practices, 
since the House proceeds to business under other provisions of the 
rules.
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13. Rule XXIV clauses 1 and 3, House Rules and Manual Sec. Sec. 878 and 
        885-888 (1973) 
14. Rule XXIV clauses 1 and 4, House Rules and Manual Sec. Sec. 889, 
        890 (1973).
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    (6) Next under the House rules, the Speaker is required to allow up 
to one hour for the call of the committees under the regular order 
before a motion can be entertained to go into the Committee of the 
Whole House on the state of the Union.(15) Again, this is 
largely an obsolete procedure, since by resolutions from the Committee 
on Rules the House normally prescribes a different order of business.
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15. Rule XXIV clause 5, House Rules and Manual Sec. Sec. 891, 892 
        (1973).
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    When a motion is made for the House to resolve itself into the 
Committee of the Whole, the Speaker appoints the Chairman of the 
Committee.(16)
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16. Rule XXIII clause 1, House Rules and Manual Sec. 861 (1973). See 
        also Sec. Sec. 6.1 and 6.2, infra. See Ch. 19, infra, for 
        fuller treatment of the Speaker's role in relation to the 
        Committee of the Whole.
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    (7) When the Committee of the Whole finally rises to report back to 
the House, the Speaker resumes the Chair and proceeds to the orders of 
the day.(17)
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17. Rule XXIV clause 1, House Rules and Manual Sec. 878 (1973). See 
        also Jefferson's Manual, House Rules and Manual Sec. 384 
        (1973).
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    During a daily session if the Speaker desires to be absent from the 
Chair momentarily, he has the right under the House rules to designate 
a Speaker pro tempore.(18) He may also designate a Speaker 
pro tempore for longer periods, or even invite the election of one, 
under certain circumstances.(19) When the Speaker is 
criticized during debate, it is considered proper for him to designate 
a Speaker pro tempore to rule on whether the criticism is 
unparliamentary.(20)
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18. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
19. See Sec. Sec. 9 et seq., infra, for treatment of Speakers pro 
        tempore.
20. See  3.11, infra.
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    Many more or less routine functions of the Speaker are of course 
accomplished off of the floor of the House. Examples of these are:
    (1) The Speaker certifies the salary and mileage accounts of 
Members as required by statute.(1)
---------------------------------------------------------------------------
 1. 2 USCA Sec. 48. See Ch. 7, infra, for treatment of the 
        compensation, allowances, perquisites, and emoluments of 
        Members.
---------------------------------------------------------------------------

    (2) The Speaker has the statutory duty to certify to the 
appropriate U.S. District Attorney the names of persons found to be in 
contempt of House committees for prosecution(2) when the 
House has formally authorized such ac

[[Page 438]]

tion.(3) Likewise, he certifies names of persons who have 
purged themselves of the contempt charges to the U.S. District 
Attorneys after formal House authorization.(4)
---------------------------------------------------------------------------
 2. 2 USC Sec. 194.
 3. See Sec. 3.40, infra.
 4. See Sec. 3.43, infra.
---------------------------------------------------------------------------

    (3) Whenever a vetoed measure is approved by two-thirds of both 
Houses of Congress, the Speaker sends the original measure to the 
General Services Administration for promulgation, if the House was the 
last body to act on the measure.(5)
---------------------------------------------------------------------------
 5. 1 USC Sec. 106a.
---------------------------------------------------------------------------

    The Speaker generally informs the House of actions taken pursuant 
to House authorization. For instance, the Speaker will inform the House 
when he has signed enrolled bills during an adjournment of the 
House,(6) or when, acting in his official capacity as 
spokesman of the House, he has accepted a subpena served on the 
House.(7) It is also considered the Speaker's duty to inform 
the House when a Speaker pro tempore has acted for him during an 
adjournment.(8)
---------------------------------------------------------------------------
 6. See Sec. 3.9, infra.
 7. See Sec. 3.39, infra.
 8. See Sec. 3.10, infra.
---------------------------------------------------------------------------

    In certain unusual circumstances, the Speaker is considered to have 
the inherent power to act on the Members' behalf without House 
authorization. For example, in emergency situations, the Speaker is 
considered to have the inherent power to declare the House in recess, 
subject to the call of the Chair.(9)
---------------------------------------------------------------------------
 9. See Sec. 3.44, infra. See Ch. 39, infra, for treatment of House 
        recesses.
---------------------------------------------------------------------------

    During the consideration of the various measures, the Speaker 
normally assumes the primary responsibility on the part of the House 
for enforcing the customary rules of comity between the two Houses of 
Congress.(10)
---------------------------------------------------------------------------
10. See  3.45. infra.
---------------------------------------------------------------------------

    To facilitate the consideration of measures, the House rules 
provide the Speaker with three major functions: (1) recognizing Members 
who seek to address the House,(11) (2) construing and 
applying the House rules,(12) and (3) putting the question 
to or stating a motion for the Members for their vote.(13)
---------------------------------------------------------------------------
11. Rule XIV clause 1, House Rules and Manual Sec. Sec. 749 et seq. 
        (1973).
12. See Rule I clause 4, House Rules and Manual Sec. Sec. 624, 627 
        (1973).
13. Rule I clause 5, House Rules and Manual Sec. 629 (1973). See also 
        the forms of putting the question, House Rules and Manual 
        Sec. Sec. 960-965 (1973). See Ch. 29, infra, for fuller 
        treatment of the Speaker's power of recognition.
---------------------------------------------------------------------------

    The Speaker has held that in construing the rules he may look

[[Page 439]]

to all pertinent facts concerning the matter to which the rules would 
be applied.(14) In ruling on a matter brought to his 
attention by a point of order, the Speaker normally will wait until the 
matter is completely before him.(15)
---------------------------------------------------------------------------
14. See Sec. 3.29, infra.
15. See Sec. 3.30, infra.
---------------------------------------------------------------------------

    In certain circumstances the presiding officer may make inquiries 
of a Member having the floor.(16) But it is the more 
frequent case that the Speaker answers inquiries from the Members. For 
example, he answers questions regarding the applicability of the House 
rules to standing committees.(17) However, he does not 
answer hypothetical inquiries or general questions relating to 
committee procedure.
---------------------------------------------------------------------------
16. See Sec. 3.32, infra.
17. See Sec. 3.33, infra.
---------------------------------------------------------------------------

    The Speaker may decline to answer immediately a parliamentary 
inquiry(18) or he may simply ask a Member to withhold his 
inquiry until the Speaker has sufficient time to ascertain certain 
facts.(19)
---------------------------------------------------------------------------
18. See Sec. 3.34, infra.
19. See Sec. 3.35, infra.                          -------------------
---------------------------------------------------------------------------

Duties Generally

Sec. 3.1 In general, as the elected presiding officer of the House, the 
    Speaker has duties relating to the House rules, to the Members, and 
    to the dignity and prerogatives of the House.

    On Jan. 10, 1962,(20) Speaker elect John W. McCormack, 
of Massachusetts, addressed the House from the Chair regarding his 
duties as Speaker of the House.
---------------------------------------------------------------------------
20. 108 Cong. Rec. 6, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: Members of the House of Representatives . . . [in] 
    the exercise and performance of the powers and duties of the 
    Speaker, parliamentary or otherwise, I shall perform such duties 
    impartially with fair treatment to all Members in interpreting and 
    enforcing the rules, but above all protecting the rights of all 
    Members without regard to party affiliation.

        While as leader in this body of my party, I have my political 
    responsibilities, in the performance of my duties as Speaker, my 
    responsibility is to the House itself and to all of its Members.
        As majority leader I always considered that one of my primary 
    duties was to protect the rights, under the rules and also in 
    accordance with the customs of the House, of the minority party. I 
    shall follow that course as Speaker. . . .
        I will continue to maintain the dignity of the House of 
    Representatives, protecting its prerogatives and maintaining the 
    right and privileges of its members.

Administering Oaths

Sec. 3.2 It is the normal practice for the Speaker to admin

[[Page 440]]

    ister the oath of office to Members at the opening of a session of 
    Congress.

    On Jan. 3, 1945,(1) the following procedure regarding 
the swearing in of Members took place.
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 14, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker [Sam Rayburn, of Texas]: The Chair understands that 
    two or three Members with certificates on file with the Clerk were 
    not here when the other Members were sworn in, were unable to get 
    here at the hour of meeting on account of late trains. At least two 
    such Members are here now.
        Mr. [Karl E.] Mundt [of South Dakota]: Mr. Speaker, I am one of 
    those detained by late trains. I took the oath of office but I was 
    not here in time to answer to the first roll call.
        The Speaker: The statement of the gentleman from South Dakota 
    will stand.
        The Members who have not taken the oath of office will present 
    themselves in the well of the House and all others will clear the 
    well of the House.
        Mr. Gorski and Mr. Stefan appeared at the bar of the House and 
    took the oath of office.

Sec. 3.3 If the Speaker is present when the House has elected a Speaker 
    pro tempore, it is normally the Speaker who administers the oath of 
    office to the Speaker pro tempore.

    On Aug. 26, 1949,(2) a resolution was introduced as 
follows:
---------------------------------------------------------------------------
 2. 95 Cong. Rec. 12344, 81st Cong. 1st. Sess.
---------------------------------------------------------------------------

        Mr. [J. Percy] Priest [of Tennessee]: Mr. Speaker, I offer a 
    resolution (H. Res. 351) and ask for its immediate consideration.
        The Clerk read as follows:

            Resolved, That Hon. E.E. Cox, a Representative from the 
        State of Georgia, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. E.E. Cox as Speaker pro 
        tempore during the absence of the Speaker.

        The resolution was agreed to.
        The Speaker [Sam Rayburn, of Texas]: The gentleman from Georgia 
    [Mr. Cox] will present himself at the bar of the House and take the 
    oath.
        Mr. Cox appeared at the bar of the House and took the oath of 
    office.

Meeting Time and Place

Sec. 3.4 When the House is to meet in a place other than the House 
    Chamber, the Speaker normally is the one who informs the Members of 
    the time and place of the meeting.

    On July 1, 1949,(3) Speaker Sam Rayburn, of Texas, made 
an announcement concerning the time and place of the meeting of the 
House.
---------------------------------------------------------------------------
 3. 95 Cong. Rec. 8808, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: Pursuant to House Resolution 271, the House stands 
    ad

[[Page 441]]

    journed to meet on Tuesday, July 5, 1949, at 12 o'clock noon, in 
    the caucus room in the New House Office Building.(4)
---------------------------------------------------------------------------
 4. Parliamentarian's Note: The House moved to the New House Office 
        Building pending remodeling of the House Chamber in the Capitol 
        caused by an insecure ceiling.
---------------------------------------------------------------------------

Referring Measures to Committees

Sec. 3.5 The Speaker examines and refers to committees all bills and 
    resolutions introduced by Members of the House.

    On Jan. 10, 1967,(5) Speaker John W. McCormack, of 
Massachusetts, indicated the procedure by which bills introduced on the 
opening day of a Congress are examined and referred to committees.
---------------------------------------------------------------------------
 5. 113 Cong. Rec. 34, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would like to make a statement 
    concerning the introduction and reference of bills today.
        As Members are aware, they have the privilege today of 
    introducing bills. Heretofore on the opening day of a new Congress 
    several thousand bills have been introduced. It will be readily 
    apparent to all Members that it may be a physical impossibility for 
    the Speaker to examine each bill for reference today. The Chair 
    will do his best to refer as many bills as possible, but he will 
    ask the indulgence of Members if he is unable to refer all the 
    bills that may be introduced. Those bills which are not referred 
    and do not appear in the Record as of today will be included in the 
    next day's Record and printed with a date as of 
    today.(6)
---------------------------------------------------------------------------
 6. Parliamentarian's Note: On the opening day of the first session of 
        the 90th Congress a total of 2,247 bills and resolutions were 
        introduced.
---------------------------------------------------------------------------

Sec. 3.6 Having the authority to refer Presidential messages and bills 
    to committees, a Speaker may change a reference to another 
    committee if appropriate.

    On Jan. 27, 1958,(7) Speaker Sam Rayburn, of Texas, 
announced a change of reference of matters from one committee to 
another:
---------------------------------------------------------------------------
 7. 104 Cong. Rec. 1112, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: After further examination of the President's 
    message and the recommendations made therein, the Chair believes 
    that the proper committee to which to refer the President's message 
    is the Committee on Education and Labor instead of the Committee on 
    Interstate and Foreign Commerce, because on the Science Foundation 
    no new law is suggested, simply more appropriations. The other part 
    of the President's message deals with education. Therefore the 
    Chair is going to change the reference of the President's message 
    and whatever bills are introduced on that subject, to the Committee 
    on Education and Labor.

[[Page 442]]

Sec. 3.7 Although the Speaker has the power to refer bills to proper 
    committees in the first instance, such references may later be 
    challenged and the Speaker may defend his decision.

    On Mar. 2, 1966,(8) Speaker John W. McCormack, of 
Massachusetts, took the floor in the Committee of the Whole to indicate 
his responsibility regarding the reference of public bills to proper 
committees.
---------------------------------------------------------------------------
 8. 112 Cong. Rec. 4579, 4580, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. McCormack: . . . Mr. Chairman, in view of the remarks by 
    the gentleman from New Hampshire [Mr. Cleveland] about the 
    reference of this bill, and overhearing them and confining myself 
    to that aspect of his remarks, I simply want to advise the Members 
    of the House that in my judgment as the Speaker, this bill was 
    properly referred to the Committee on Public Works.
        In the original bill, the bill calls for the participation in 
    the 1967 exposition, jointly with the State of Alaska through 
    economic development projects such as industrial, agricultural, 
    educational, research, or commercial facilities, and so forth.
        Mr. Chairman, I thoroughly respect the views of my friend, the 
    gentleman from New Hampshire [Mr. Cleveland], but I cannot be on 
    the floor and listen to one challenge the reference of a bill that 
    I made. I realize that I might make mistakes occasionally, but I 
    will always make the reference of a bill that the rules call for. 
    In my clear judgment this bill was properly referred to the 
    Committee on Public Works(9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: As introduced the bill in question was 
        primarily an economic development measure. In this form, the 
        bill was primarily within the jurisdiction of the Committee on 
        Public Works. As reported, however, the primary emphasis of the 
        bill was federal recognition of and participation in the 
        centennial celebration of the Alaska purchase. In this form, 
        the bill was similar to centennial bills that have been 
        traditionally, under the precedents, referred to the Committee 
        on the Judiciary.
            Reference generally, see Ch. 16, infra.
---------------------------------------------------------------------------

Informing the House of Actions Taken

Sec. 3.8 The Speaker informs the House when he has accepted a 
    resignation and appointed a successor to a committee during an 
    adjournment.

    On Jan. 3, 1957,(10) Speaker Sam Rayburn, of Texas, made 
the following announcement concerning a committee appointment:
---------------------------------------------------------------------------
10. 103 Cong. Rec. 47, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to announce that pursuant to the 
    provisions of House Concurrent Resolution 244, 84th Congress, and 
    the order of

[[Page 443]]

    the House of July 27, 1956, empowering him to accept resignations 
    and to appoint commissions . . . he did, on September 8, 1956, 
    appoint as a member of the joint committee to represent the 
    Congress at the unveiling of the Commodore John Barry Memorial at 
    Wexford, Ireland . . . the gentleman from Pennsylvania . . . to 
    fill a vacancy caused by the resignation of the gentleman from New 
    York.

Sec. 3.9 The Speaker informs the House when he has signed enrolled 
    bills during an adjournment pursuant to authority granted him.

    On July 26, 1948,(11) Speaker Joseph W. Martin, Jr., of 
Massachusetts, announced his signing of certain enrolled bills 
subsequent to adjournment.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 9363, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker, pursuant to the provisions of House Concurrent 
    Resolution 219, Eightieth Congress, announced his signature to 
    enrolled bills and joint resolutions of the Senate as follows:
        On June 22, 1948:

            S. 418. An act to provide for water-pollution-control 
        activities in the Public Health Service of the Federal Security 
        Agency and in the Federal Works Agency, and for other purposes. 
        . . .

        And on June 23, 1948, enrolled bills of the Senate as follows:

            S. 165. An act for the relief of Doris E. Snyder. . . .

    On June 10, 1968,(12) Speaker John W. McCormack, of 
Massachusetts, made an announcement to the House:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 16381, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to announce that pursuant to the 
    authority granted him on Thursday, June 6, 1968, he did on June 7, 
    1968, sign the following enrolled bills of the House:

            H.R. 6087. An act to assist State and local governments in 
        reducing the incidence of crime, to increase the effectiveness, 
        fairness, and consideration of law enforcement and criminal 
        justice systems at all levels of government, and for other 
        purposes

Sec. 3.10 The Speaker informs the House when an elected Speaker pro 
    tempore has signed enrolled bills during an adjournment of the 
    House pursuant to authority granted.

    On July 14, 1958,(l3) Speaker Sam Rayburn, of Texas, 
announced that during an adjournment the elected Speaker pro tempore 
had signed certain enrolled bills pursuant to authority granted.
---------------------------------------------------------------------------
13. 104 Cong. Rec. 13695, 13696, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

Procedure When Speaker Criticized

Sec. 3.11 When the Speaker is the subject of criticism in debate and a 
    point of order is raised against such criticism, it is customary 
    for the Speaker to

[[Page 444]]

    appoint a Speaker pro tempore to rule on whether the words spoken 
    were parliamentary.

    On Feb. 7, 1935,(14) the following remarks were made:
---------------------------------------------------------------------------
14. 79 Cong. Rec. 1680, 1681, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Thomas L. Blanton [of Texas]: Mr. Chairman, a point of 
    order.
        Mr. Chairman, I ask that the words of the gentleman from 
    Massachusetts [Mr. Tinkham] about former Speaker Rainey and Speaker 
    Byrns be taken down. If he has no respect for the living, he ought 
    to have some respect for the dead. I ask that his words be taken 
    down. We will call the gentleman down on that now. . . .
        The Chairman [William N. Rogers, of New Hampshire]: The Clerk 
    will report the words objected to.
        The Clerk read to the Committee the words objected to.
        The Chairman: The Committee will rise.
        Accordingly the Committee rose; and the Speaker . . . resumed 
    the chair.
        The Speaker [Joseph W. Byrns, of Tennessee]: The Clerk will 
    report the words.
        The Clerk read the words objected to.
        The Speaker: The Chair feels some delicacy in ruling on the 
    language inasmuch as he is involved, and the Chair will ask the 
    gentleman from New York [Mr. O'Connor] to take the chair.
        Mr. O'Connor assumed the chair as Speaker pro tempore.

Controlling the Record

Sec. 3.12 It has been held that the Speaker may direct the official 
    House reporters of debates to refrain from inserting in the 
    Congressional Record notations concerning applause and other 
    demonstrations by Members in the House.

    On Mar. 6, 1945,(15) Speaker Sam Rayburn, of Texas, 
responded to a parliamentary inquiry concerning Congressional Record 
coverage of demonstrations in the House.
---------------------------------------------------------------------------
15. 91 Cong. Rec. 1789, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: . . . I propound another 
    parliamentary inquiry at this time. Some time ago the Official 
    Reporters of Debates ceased to take down the demonstrations that 
    are made in the course of debate, the only parliamentary body in 
    the world that prints a Record in which that has been done, that I 
    have been able to find. I occasionally get the Record of the 
    British House of Parliament. I read it and in these trying times 
    there is applause, cheers, their cries of ``hear, hear'' laughter, 
    and other demonstrations that are made. You get the Record of the 
    United States Senate and, as a rule, they do not have probably so 
    many there to applaud, but when there is applause or a 
    demonstration, it is placed in the Record. Our demonstrations have 
    been cut out of our Record

[[Page 445]]

    and I think it is a serious mistake because now a man can make a 
    speech and extend his remarks and you have no indication as to 
    where his speech left off and where his extension of remarks 
    begins. I know it has been contended by a few Members in the House 
    that the extension of those demonstrations in the Record have been 
    abused. But that was done very seldom, and where the Member did 
    abuse that privilege by inserting laughter or applause he has been 
    subjected to the most drastic criticism and ridicule and, as a 
    rule, has never attempted it again. . . .
        The Speaker: The Chair does not intend to be facetious, but the 
    Chair would like to give the House his reaction to the expressions 
    ``Hear! Hear!'' and ``Applause'' in the Record. When I came here 32 
    years ago on Sunday last, a gentleman had been elected by a split 
    in the Republican Party in a particular State, and he had come here 
    with Democratic and Progressive votes. He made a speech in the 
    House. Whether it went into the permanent Record I do not know, but 
    I know it went into the temporary Record. It closed in this 
    fashion: ``Loud and prolonged applause among Democrats and 
    Progressives, followed by much handshaking.''
        In times past there appeared in the Record the word 
    ``Applause'' where a Member spoke. In another place there was 
    ``Loud applause.'' In another place there was ``Loud and prolonged 
    applause.'' In another place there was ``Loud and prolonged 
    applause, the Members rising.'' If I had made a speech and had 
    received ``applause,'' and some Member had followed me immediately 
    and had received ``loud and prolonged applause, the Members 
    rising,'' my opponent in the next primary might have called 
    attention to how insignificant I was because I only received 
    ``applause'' and the other Member had received ``loud and prolonged 
    applause, the Members rising.''
        The Chair has held that demonstrations in the House are not a 
    part of the Record, and shall continue to hold that until the rules 
    of the House are changed.

Sec. 3.13 Although it has been held that it is within the authority and 
    normally the duty of the Speaker to order stricken from the notes 
    of the official House reporters remarks made by Members not 
    legitimately having the floor, it has also been held that it is 
    within the Speaker's power to allow an exception in unusual 
    circumstances.

    On Apr. 19, 1937,(16) Speaker William B. Bankhead, of 
Alabama, responded to a parliamentary inquiry concerning remarks of 
Members, not legitimately having the floor, being reflected in the 
Congressional Record.
---------------------------------------------------------------------------
16. 81 Cong. Rec.. 3588, 3589, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Edward W.] Curley [of New York]: I rise to propound a 
    parliamentary inquiry, Mr. Speaker.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.

[[Page 446]]

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

[[Page 447]]

    sists in talking, that those remarks shall not be incorporated in 
    the Record.

Putting Unanimous-Consent Requests

Sec. 3.14 Unanimous-consent requests are put to the House by the 
    Speaker, and a Member's objection to such a request is ineffective 
    if it fails to follow immediately upon the Speaker's statement of 
    the request.

    On Sept. 4, 1940,(17~) a unanimous-consent request was 
made as follows:
---------------------------------------------------------------------------
17. 80 Cong. Rec.. 11516, 11517, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [Beverly M.] Vincent [of Kentucky]: Mr. Speaker, I ask 
    unanimous consent to withdraw the last sentence of my statement.
        Mr. [Henry C.] Dworshak [of Idaho]: I object, Mr. Speaker.
        The Speaker Pro Tempore [Jere Cooper, of Tennessee]: The 
    gentleman from Kentucky asks unanimous Consent to withdraw the 
    statement. Is there objection? The Chair hears none.
        Mr. [Frederick V.] Bradley [of Michigan]: I object, Mr. 
    Speaker.
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a point of 
    order and a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: Mr. Speaker, a moment ago certain words were 
    uttered by the gentleman on the floor of the House which I demanded 
    be taken down. No report was made of those words. I demand the 
    regular order--the taking down of the words, the report of the 
    words, and the reading by the Clerk.
        The Speaker Pro Tempore: Subsequently, unanimous consent was 
    granted for the words to be withdrawn.
        Mr. Hoffman: Oh, no, Mr. Speaker; three Members were on their 
    feet. I was one of them, and objecting to that.
        The Speaker Pro Tempore: That was the ruling of the Chair.
        Mr. Hoffman: I appeal from the ruling of the Chair then.

        The Speaker Pro Tempore: This is not a ruling, it is just an 
    answer to a parliamentary inquiry.

Stating Motions for Votes

Sec. 3.15 The Speaker or Chairman of the Committee of the Whole states 
    motions, and it has been held that it is his statement of the 
    motion and not the motion as stated by a Member that is voted upon.

    On Mar. 26, 1965,(18) the following motion was made:
---------------------------------------------------------------------------
18. 111 Cong. Rec. 6101, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Adam C.] Powell [of New York]: Mr. Chairman, I move that 
    all debate and all amendments to section 203 close in 5 minutes, 
    with one-half of the time reserved to the chairman.
        The Chairman [Richard Bolling, of Missouri]: The chairman of 
    the committee moves that all debate and all amendments----

[[Page 448]]

        Mr. [Porter] Hardy [Jr., of Virginia]: Mr. Chairman. a point of 
    order.
        The Chairman: The gentleman will state his point of order.
        Mr. Hardy: He is moving that he is going to have half of the 
    time. Is that a proper motion? I had understood it was not. I 
    believe it can be done by unanimous consent.
        The Chairman: Will the chairman of the committee please restate 
    his motion?
        Mr. Hardy: I understood the motion.
        Mr. Powell: I withdraw the previous motion. I move all debate 
    and all amendments on this title and this section close in 10 
    minutes.
        Mr. Hardy: Mr. Chairman, I ask that the original motion be 
    read.
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Chairman, a point of 
    order. I want to know whether or not it takes unanimous consent to 
    withdraw the motion.
        The Chairman: The gentleman from New York asks unanimous 
    consent to withdraw the motion.
        Mr. Powell: That is right. I withdraw it. I ask unanimous 
    consent to withdraw it.
        Mr. Ashbrook: Mr. Chairman, I object.
        The Chairman: Does the gentleman from New York desire a vote on 
    his original motion?
        Mr. Hardy: Mr. Chairman, will the Chair state the motion as 
    originally made?
        Mr. Gerald R. Ford [of Michigan]: Mr. Chairman, a parliamentary 
    inquiry. At the time that the gentleman from New York made the 
    motion his voice was inaudible. I strongly feel that the motion 
    that he made should be reread and read loud.
        The Chairman: The Chair will attempt to state how he understood 
    it. It may be in error.
        Mr. Gerald R. Ford: Mr. Chairman, I ask that the reporter read 
    what the Chairman said so we can all hear it. It would be very 
    helpful.
        The Chairman: The gentleman from Michigan, the distinguished 
    minority leader, is putting the Chair in the same position he had 
    him in a little while ago. This goes straight, head on, into all of 
    the practices and procedures of the House to have the reporter re-
    report a motion.
        Mr. Gerald R. Ford: Mr. Chairman, I withdraw my request.
        The Chairman: The Chair will state the motion as the Chair 
    understood it. The Chair will say frankly the Chair had a little 
    difficulty hearing it, but my understanding of the motion was that 
    the chairman of the committee moved that all debate and all 
    amendments to section 203 be closed in 5 minutes.
        Mr. Gerald R. Ford: And time was reserved for the chairman.
        The Chairman: The Chair did not hear that.
        Mr. [Craig] Hosmer [of California]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Hosmer: In the event that the motion is carried, if put, 
    would the motion carried be that which was actually made by the 
    gentleman from New York, or according to the Record as reported, or 
    would it be the motion as stated by the Chair?
        The Chairman: The motion will be as stated by the Chair, as was 
    the case yesterday and is the case today.

[[Page 449]]

        The motion is that all debate on this section close in 5 
    minutes.

Power of Recognition

Sec. 3.16 Although the Speaker has discretion to recognize Members to 
    have the floor, he is under no duty to announce in advance whom he 
    might recognize in the future.

    On Oct. 8, 1969,(19) a parliamentary inquiry was 
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
19. 115 Cong. Rec. 29220, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John D.] Dingell [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dingell: If the previous question is voted down, would it 
    then be in order to offer an amendment to raise the sum for water 
    pollution control grants to the States in the sum of $1 billion?
        The Speaker: The Chair will state that, if the previous 
    question is voted down, it would be in order to offer an amendment. 
    The Chair is not going to pass on the amount at the present time.
        Mr. Dingell: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dingell: Would I be recognized for that purpose? It would 
    be my intent so to do.
        The Speaker: The Chair is not going to give a preliminary 
    opinion as to whom the Chair might recognize.

Sec. 3.17 The Speaker has on occasion announced in advance that he 
    would deny recognition to a Member under certain circumstances.

    On Oct. 18, 1943,(20) the following parliamentary 
situation developed under which Speaker Sam Rayburn, of Texas, 
indicated he would deny recognition to a Member under certain 
circumstances.
---------------------------------------------------------------------------
20. 89 Cong. Rec. 8433, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I ask 
    unanimous consent to proceed for 1 minute.
        The Speaker: Is there objection?
        There was no objection.
        Mr. McCormack: Mr. Speaker, I do this for the information of my 
    colleagues, because this morning they received a letter from the 
    Speaker in respect to a meeting to be held Wednesday morning, and 
    in that letter it was stated that the meeting would be held in the 
    Caucus Room of the old House Office Building, at which meeting 
    General Marshall and other generals would appear in an off-the-
    record manner. The old Caucus Room has been looked over, as well as 
    the auditorium of the Library of Congress. It is felt that the 
    auditorium of the Library of Congress is a much more desirable 
    place to hold the meeting, and I rise to announce that, instead of 
    holding the

[[Page 450]]

    meeting in the old Caucus Room, it will be held in the auditorium 
    of the Library of Congress. . . .
        Mr. [John E.] Rankin [of Mississippi]: Now, if we are going to 
    hold executive sessions of the House, there is only one place that 
    we are authorized by law to hold them, and that is in this Hall.
        Mr. McCormack: This is not an executive session of Congress.
        Mr. Rankin: It is going to be a secret session, and it ought to 
    be, and it ought to be held in the Hall of the House of 
    Representatives.
        Mr. McCormack: This is not an executive session of Congress.
        Mr. Rankin: It is unnecessary for the Congress of the United 
    States to be going off to some other building to hear these leaders 
    report on the war when we have the Hall of the House of 
    Representative built and equipped for that purpose.
        Will not the gentleman modify his request to have that meeting 
    here in this Hall?
        The Speaker: The Chair would not recognize the gentleman for 
    that purpose and the gentleman would not make such a request.

Sec. 3.18 The Speaker's power over recognition includes the power to 
    ask for what purpose a Member rises without such request implying 
    that the Speaker recognizes the Member for the purpose for which he 
    has arisen.

    On Apr. 13, 1946,(1) two Members rose seeking 
recognition from Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 3669, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Dewey] Short [of Missouri]: Mr. Speaker.
        Mr. [Edward E.] Cox [of Georgia]: Mr. Speaker.
        The Speaker: For what purpose does the gentleman from Missouri 
    rise?
        Mr. Short: Mr. Speaker, I offer a motion to recommit.
        The Speaker: For what purpose does the gentleman from Georgia 
    rise?
        Mr. Cox: Mr. Speaker, it was my purpose to demand a reading of 
    the engrossed copy of the bill.
        Mr. [Malcolm C.] Tarver [of Georgia]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Tarver: Mr. Speaker, may a demand be made for the reading 
    of the copy of the engrossed bill after the proceedings which have 
    just taken place and after the Clerk has read the bill which was 
    considered engrossed?
        The Speaker: The bill was ordered to be engrossed and read a 
    third time. The gentleman from Georgia was on his feet at the time.
        Does the gentleman from Georgia insist upon his demand that the 
    engrossed copy of the bill be read?
        Mr. Cox: Mr. Speaker, my making demand that the engrossed copy 
    of the bill be read does not indicate my opposition to the bill.
        Mr. Short: Mr. Speaker, I am opposed to the bill.
        Mr. Cox: I was compelled to make the demand and I did make it.
        The Speaker: The gentleman from Georgia [Mr. Cox] demands the 
    reading of the engrossed copy of the bill. The Chair will state 
    that with the number of amendments agreed to, it

[[Page 451]]

    would be impossible to have the engrossed copy of the bill this 
    afternoon.
        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. Marcantonio: Mr. Speaker, if I understood the situation 
    correctly, the gentleman from Missouri [Mr. Short] was recognized 
    to offer a motion to recommit.
        The Speaker: The gentleman from Missouri [Mr. Short] was not 
    recognized. The Chair asked the gentleman for what purpose he rose, 
    and then recognized the gentleman from Georgia.

Sec. 3.19 The Speaker's power of recognition includes the power to deny 
    recognition to a Member for the purpose of making a motion which 
    the Speaker determines to be in conflict with previous action of 
    the House.

    On Oct. 8, 1968,(2) Speaker John W. McCormack, of 
Massachusetts, heard a Member's motion before recognizing the Member to 
offer it.
---------------------------------------------------------------------------
 2. 114 Cong. Rec. 30214-16, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker--
        The Speaker: For what purpose does the gentleman from Ohio 
    rise?
        Mr. Taft: Mr. Speaker I have a privileged motion.
        Mr. [Sidney R.] Yates [of Illinois]: A point of order, Mr. 
    Speaker. That is not in order until the reading of the Journal has 
    been completed.

        The Speaker: Will the gentleman from Ohio state his privileged 
    motion?
        Mr. Taft: Mr. Speaker, my motion is on a point of personal 
    privilege.
        The Speaker: Will the gentleman from Ohio state whether it is a 
    point of personal privilege or a privileged motion?
        Mr. Taft: It is a privileged motion, and a motion of personal 
    privilege.
        Under rule IX questions of personal privilege are privileged 
    motions, ahead of the reading of the Journal.
        The Speaker: The Chair will advise the gentleman that a 
    question of personal privilege should be made later after the 
    Journal has been disposed of.
        If the gentleman has a matter of privilege of the House, that 
    is an entirely different situation.
        Mr. Taft: I believe, Mr. Speaker, this involves not only 
    personal privilege as an individual, but also as a Member of the 
    House and also the privileges of all Members of the House.
        The Speaker: The Chair does not recognize the gentleman at this 
    time on a matter of personal privilege.
        But the Chair will, after the pending matter, the reading of 
    the Journal has been disposed of, recognize the gentleman if the 
    gentleman seeks recognition.
        Mr. Taft: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Taft: Mr. Speaker, is it not true in rule IX relating to 
    questions of privilege it is stated that such questions shall have 
    precedence over all other questions except motions to adjourn?
        The Speaker: Will the gentleman state the question of 
    privilege.

[[Page 452]]

        Mr. Taft: Mr. Speaker, my motion is that I and all other 
    Members in the Chamber who were here at the time of the last quorum 
    call and answered ``present'' be permitted to leave the Chamber at 
    their desire. . . .
        The Speaker: The Chair will state in response to the 
    parliamentary inquiry that the action of the House has deprived--
    has caused the doors to be closed and has deprived temporarily the 
    privilege that the gentleman refers to. That has been done by the 
    action of the House.
        Mr. Taft: Mr. Speaker, I was recognized to make a privileged 
    motion and it was not a matter of a parliamentary inquiry. I have 
    made that motion and I ask that the Chair rule on the motion.
        The Speaker: What is the motion?
        Mr. Taft: I request that I be given time to discuss the motion 
    as a matter of privilege.
        The Speaker: The gentleman will state his motion.
        Mr. Taft: Mr. Speaker, my motion is that I and all other 
    Members present on the floor who answered ``present'' at the time 
    of the last quorum call shall be permitted to leave the House 
    freely at their own desire.
        The Speaker: The Chair does not recognize the gentleman for the 
    purpose of making such a motion because the Chair has already 
    clearly indicated the House has already taken action and it is 
    within the power of the House to take the action that it did. 
    Therefore, the Chair does not recognize the gentleman to make such 
    a motion.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, it was my 
    understanding that the gentleman from Ohio had been recognized for 
    the purpose of offering the motion.
        The Speaker: The gentleman from Michigan is well aware of the 
    fact that the question of recognition rests with the Chair. The 
    gentleman did not make a motion which was in order by reason of the 
    action heretofore taken by the House.

Sec. 3.20 It has been held that the presiding officer has the power to 
    give or deny recognition to a Member who seeks to offer a 
    perfecting amendment which would take precedence over another 
    amendment.

    On Dec. 15, 1937,(3) the Chairman of the Committee of 
the Whole, John W. McCormack, of Massachusetts, indicated the 
discretionary nature of his power to recognize Members in answer to the 
following parliamentary inquiries:
---------------------------------------------------------------------------
 3. 82 Cong. Rec. 1590, 75th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Gerald J.] Boileau [of Wisconsin]: Mr. Chairman, reserving 
    the right to object, and I do so to propound a parliamentary 
    inquiry as to the order in which amendments are to be offered. The 
    amendment offered by the gentlewoman from New Jersey is now 
    pending. Would not perfecting amendments have priority of 
    consideration over a substitute amendment?
        The Chairman: The Chair has no knowledge of what amendments may

[[Page 453]]

    be offered; but ordinarily a perfecting amendment has precedence 
    over a motion to substitute insofar as voting is concerned. If the 
    unanimous-consent request is granted, it is the understanding of 
    the Chair that amendments will be offered section by section.
        Mr. Boileau: Nevertheless, it is the amendment offered by the 
    gentlewoman from New Jersey that would be before the House.
        The Chairman: That is before the Committee now.
        Mr. Boileau: Would not perfecting amendments have priority over 
    an amendment to substitute?
        The Chairman: So far as voting is concerned, yes.
        Mr. Boileau: I appreciate that fact, but may I propound a 
    further parliamentary inquiry, whether or not a Member rising in 
    his place and seeking recognition would not have a prior right to 
    recognition for the purpose of offering a perfecting amendment to 
    the amendment now pending?
        The Chairman: It does not necessarily follow that such Member 
    would have a prior right. Recognition is in the discretion of the 
    Chair.
        Mr. Boileau: I recognize it does not necessarily follow, but I 
    am trying to have the matter clarified. Therefore I ask the Chair 
    whether or not a Member who qualifies as offering a perfecting 
    amendment does not have prior right of recognition in offering such 
    amendment?
        The Chairman: The Chair has tried to be as helpful as he could, 
    but the Chair does not feel he should estop himself of his own 
    discretion in the matter of recognitions.
        Mr. Boileau: Does the Chair then rule that is within the 
    discretion of the Chair rather than a right of the Member?
        The Chairman: In answer to the gentleman's inquiry, the Chair 
    is of the opinion it is within the province of the Chair whom the 
    Chair will recognize, having in mind the general rules of the 
    House.

Sec. 3.21 Where there are two matters of equal preference brought 
    before the House at the same time, it is within the Speaker's 
    discretion to recognize whichever matter he chooses to be 
    considered first.

    On Sept. 22, 1966,(4) an announcement was made 
concerning a change in the legislative program. A Member raised a 
parliamentary inquiry as a result of the change.
---------------------------------------------------------------------------
 4. 112 Cong. Rec. 23691, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        Under the rules of the House, as I understand them, this rule, 
    House Resolution 1007, to bring up the so called House Un-American 
    Activities Committee bill, is a privileged matter, and if it is not 
    programed, then the gentleman handling the rule or any member of 
    the Rules Committee, may call it up as a privileged matter. Is my 
    understanding correct about that?
        The Speaker [John W. McCormack, of Massachusetts]: The 
    gentleman's

[[Page 454]]

    understanding is correct. Of course, the question of recognition is 
    with the Chair, where there are two similar preferential matters, 
    but the gentleman's understanding is correct that after 7 
    legislative days a member of the Rules Committee could call it up.
        If it were a question of recognition, if the same preferential 
    status existed at the same time, recognition rests with the Chair.

Sec. 3.22 It is within the Speaker's discretion to recognize a Member 
    for a parliamentary inquiry regarding a resolution and, after such 
    is stated and without answering the inquiry, recognize another 
    Member for the purpose of withdrawing a pending resolution.

    On Apr. 8, 1964,(5) Speaker John W. McCormack, of 
Massachusetts, indicated the nature of the Speaker's power of 
recognition during the consideration of two measures before the House. 
The Committee of the Whole had risen and reported to the House matters 
pertaining to a bill (H.R. 10222). Upon demand by a Member the bill was 
ordered to be engrossed and read a third time. While preparation of the 
engrossed copy of the bill was taking place, a Member called up House 
Resolution 665 by direction of the Committee on Rules and asked for its 
immediate consideration. After certain remarks on House Resolution 665 
were made, the Speaker declared a recess pending the receipt of the 
engrossed copy of H.R. 10222. The recess having expired, the House was 
called to order by the Speaker and the proceedings were as follows:
---------------------------------------------------------------------------
 5. 110 Cong. Rec. 7303, 7304, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The unfinished business is the reading of the 
    engrossed copy of H.R. 10222.
        The Clerk will read the engrossed copy.
        Mr. Oliver P. Bolton [of Ohio]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Oliver P. Bolton: Mr. Speaker, when the recess was called, 
    it was my understanding that we were engaged in the consideration 
    of [H. Res. 665]. Is it not the rule of the House that we must 
    finish the consideration of that measure before we take up any 
    other measure which has been passed over for parliamentary and 
    mechanical reasons?
        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker----
        The Speaker: The gentleman from Missouri [Mr. Bolling].
        Mr. Bolling: Mr. Speaker, under the rules I withdraw House 
    Resolution 665.
        Mr. Oliver P. Bolton: Mr. Speaker, a parliamentary inquiry.
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, that takes 
    unanimous consent, and I object.
        The Speaker: The Chair will state that it does not take 
    unanimous con

[[Page 455]]

    sent to withdraw the resolution in the House.
        Mr. Oliver P. Bolton: Mr. Speaker, it is my understanding that 
    the Speaker was addressing the Member now addressing the Chair and 
    had not given an answer to my question. Therefore, the recognition 
    of the Member from the other side, the gentleman from Missouri [Mr. 
    Bolling] was out of order. Am I incorrect?
        The Speaker: The recognition of the gentleman from Missouri 
    [Mr. Bolling] terminated the parliamentary inquiry.
        Mr. Oliver P. Bolton: In other words, the Speaker did not 
    answer the parliamentary inquiry; is that correct?
        The Speaker: Since the resolution was withdrawn, the 
    parliamentary inquiry was ended.
        Mr. Oliver P. Bolton: If the Speaker will respectfully permit, 
    the gentleman from Ohio would suggest that the question had been 
    asked before the resolution had been withdrawn.
        The Speaker: The Chair will state that the Chair has the power 
    of recognition. Now that the resolution has been withdrawn, the 
    unfinished business is the reading of the engrossed copy of H.R. 
    10222.

        Mr. Oliver P. Bolton: Mr. Speaker, a further parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Oliver P. Bolton: The Speaker had recognized the gentleman 
    from Ohio for a parliamentary inquiry. The parliamentary inquiry 
    had been made. The parliamentary inquiry had not been answered and 
    yet the Chair recognized the gentleman from Missouri.
        The Speaker: Which the Chair has the power to do.
        The Clerk will read the engrossed copy of H.R. 10222

Sec. 3.23 The power of recognition vested in the presiding officer is 
    not infringed upon if unanimous consent is requested and received 
    to recognize a Member to speak at a certain time.

    The Chairman of the Committee of the Whole, being also a Member, 
may invoke his right to object to a unanimous-consent request.
    On Dec. 9, 1947,(6) the Chairman of the Committee of the 
Whole, Earl C. Michener, of Michigan, responded to an inquiry 
concerning possible infringement on the power of recognition by 
unanimous consent being given a Member to speak:
---------------------------------------------------------------------------
 6. 93 Cong. Rec. 11231, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: As the Chair understands the rule, the presiding 
    officer in the Committee is in a dual capacity. First, he is 
    selected to be the presiding officer during the consideration of 
    the bill. But by accepting such appointment he does not lose his 
    right to vote and object as any other Member. That is, his district 
    is not deprived of its rights by virtue of the Chairman selection. 
    That being true, the Chair not making any objection, I cannot see 
    how the rights of the Chair are infringed upon if the Committee, by 
    unanimous consent, wants to provide that a certain individual may 
    speak at a certain

[[Page 456]]

    hour during the Committee consideration. If the Chair is agreeable 
    and all Members are agreeable.

Controlling Scope of Debate

Sec. 3.24 The scope of debate in the House is generally a matter of 
    relevancy which the Speaker may determine when a point of order is 
    raised.

    On Dec. 10, 1963,(7) Speaker John W. McCormack, of 
Massachusetts, discussed the scope of House debate during a ruling on a 
point of order related thereto.
---------------------------------------------------------------------------
 7. 109 Cong. Rec. 23968, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Byron G.] Rogers of Colorado: The point of order is we are 
    now considering the rule on the indigent defendant's bill. The 
    gentleman from Kansas is talking about the civil rights bill, and 
    is out of order.
        The Speaker: The Chair is prepared to rule.
        The Chair takes a lenient attitude toward debate in the House. 
    If the gentleman from Kansas feels that there is anything involved 
    in this bill that might be connected with legislation concerning 
    civil rights, the Chair feels that the gentleman, who is conversant 
    with the rules, is proceeding and will proceed in order.
        The gentleman from Kansas may proceed.
        Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, will the 
    gentleman yield?
        Mr. [William H.] Avery [of Kansas]: Yes, Mr. Speaker, I yield 
    to the gentleman from Iowa.
        Mr. Gross: Mr. Speaker, I ask unanimous consent that the 
    gentleman from Kansas have permission to speak out of order.
        The Speaker: Without objection, it is so ordered.
        There was no objection.

Controlling Time for Debate

Sec. 3.25 The presiding officer supervises the timing of the 
    proceedings by a clock in the House Chamber.

    On Feb. 10, 1964,(8) when a discrepancy existed in the 
times shown on the clocks in the House Chamber, the following question 
was asked of the Chairman of the Committee of the Whole, Eugene J. 
Keogh, of New York:
---------------------------------------------------------------------------
 8. 110 Cong. Rec. 2724, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Robert H.] Michel [of Illinois]: By what clock are we 
    operating this afternoon?
        The Chairman: The one the Chair is looking at.(9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: The clock the Chair was ``looking at'' was 
        the clock on the north wall of the House Chamber.
---------------------------------------------------------------------------

Sec. 3.26 It is within the authority of the Chairman of the Committee 
    of the Whole to supervise the control of time for debate, and when 
    he is not informed of a delegation of control of time the 
    delegation is ineffective.

[[Page 457]]

    On Jan. 31, 1964,(10) during the course of the following 
debate the Chairman of the Committee of the Whole, Eugene J. Keogh, of 
New York, indicated the manner by which a delegation of control of time 
for debate is effective.
---------------------------------------------------------------------------
10. 110 Cong. Rec. 1538, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Basil L.] Whitener: [of North Carolina]: If the gentleman 
    will get me more time, I will be glad to yield to the gentleman.
        Mr. [Peter W.] Rodino [Jr., of New Jersey]: I will give the 
    gentleman 1 extra minute.
        Mr. Whitener: I yield to the gentleman, but please do not take 
    more than 1 minute.
        The Chairman: The Chair has to inform the gentleman from North 
    Carolina that the gentleman from New Jersey does not have control 
    of the time.
        Mr. Whitener: Then, Mr. Chairman, I must respectfully decline 
    to yield to the gentleman. . . .
        Mr. [Byron G.] Rogers of Colorado: Mr. Chairman, a point of 
    order.
        The Chairman: The gentleman will state the point of order.
        Mr. Rogers of Colorado: Mr. Chairman, the gentleman from New 
    Jersey is now in charge of the time in the absence of the chairman, 
    the gentleman from New York [Mr. Celler].
        The Chairman: The Chair was not informed that the gentleman 
    from New York is absent nor is the Chair informed that the 
    gentleman from New Jersey is now in charge of the time.
        The gentleman from North Carolina is recognized.
        Mr. Whitener: I thank the chairman. . . .
        The Chairman: The time of the gentleman has expired.
        Mr. Rodino: Mr. Chairman, I yield myself 10 minutes, and I wish 
    to state I am acting for the chairman of the Committee on the 
    Judiciary who asked me to take charge of the time for him in his 
    absence.
        The Chairman: The gentleman from New Jersey is recognized.

Sec. 3.27 It is within the authority of the Speaker and the House, and 
    not the Chairman of the Committee of the Whole, to decide whether 
    time for continued consideration of an unfinished bill will be 
    given in the legislative program.

    On Apr. 26, 1948,(11) the Chairman of the Committee of 
the Whole, Leslie C. Arends, of Illinois, responded to an inquiry about 
what time might be provided for a continuation of consideration of an 
unfinished bill.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 4873, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. August H. Andresen [of Minnesota]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman (Mr. Arends): The gentleman will state it.
        Mr. August H. Andresen: Mr. Chairman, I understand that the 
    Committee will rise at 4 o'clock. It is also my understanding of 
    the rules that

[[Page 458]]

    this Committee should meet tomorrow in order to have continuous 
    consideration of the pending legislation.
        I would like to have a ruling of the Chair as to whether or not 
    the rules provide that a day may intervene so that this legislation 
    may be taken up on Wednesday.
        The Chairman: The Chair may say that is a matter for the 
    Speaker of the House and the House itself to determine. It is not 
    something within the jurisdiction of the [Chairman of the Committee 
    of the Whole] to decide.

Sec. 3.28 The Speaker has set policy with regard to the practice of 
    one-minute speeches by Members.

    On July 22, 1968,(12) Speaker John W. McCormack, of 
Massachusetts, discussed the practice of permitting one-minute speeches 
from the floor of the House:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 22633, 22634, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Leslie C.] Arends [of Illinois]: . . . Would it be proper 
    if Members were permitted to extend their remarks and make their 1-
    minute speeches at the end of the legislative day in order that we 
    might just get started right away on the legislative program when 
    we meet.
        Mr. McCormack: I call the 1-minute period ``dynamic 
    democracy.'' I hesitate to take away the privilege of a Member as 
    to speaking during that period and it has become a custom and a 
    practice of the House. I think it is a very good thing to adhere to 
    that custom and practice.
        It is only on rare occasions that Members have not been 
    recognized for that purpose. How would the gentleman feel if he had 
    a 1-minute speech to make and he had sent out his press release and 
    then found out that the Speaker was not going to recognize him? 
    Surely, I think, the gentleman would feel better if the Speaker did 
    recognize him; would he not?
        Mr. Arends: According to a person's views--I think it would be 
    the reverse.
        Mr. McCormack: Does the gentleman mean at the end of the day?
        Mr. Arends: You said that this might be ``dynamic democracy.'' 
    I would rather it would be started when we have the time rather 
    than be started at noon.
        Mr. McCormack: It is an integral part of the procedure of the 
    House and I like to adhere to it. Very seldom have I said to 
    Members that I will accept only unanimous-consent requests for 
    extensions of remarks. I hesitate to do it. I think every Member 
    realizes that I am trying to protect their rights.
        Mr. [Durward G.] Hall [of Missouri]: I thank the gentleman for 
    yielding.
        I think the question is not that of eliminating the 1-minute 
    speeches after the Members have their news releases out. But it is 
    a question of not going back after the second or third rollcall and 
    rerecognizing speeches. In this connection does ``dynamic 
    democracy'' mean the same thing as benign but beneficial 
    dictatorship--which does have merit?
        Mr. McCormack: The gentleman from Missouri has raised a very 
    interesting question. Many times I have said to myself, I am going 
    to announce

[[Page 459]]

    that the 1-minute speeches will have to be at 12 o'clock and not 
    thereafter. But I have not come to the making of that resolution 
    because I just could not bring myself to it. It is somewhat late in 
    this session to do it and when, of course, we Democrats control the 
    House in the next Congress, and I hope I will be Speaker, then I 
    might do it. I am not promising it, but I may do it. But there is 
    something to what the gentleman from Missouri says.
        Mr. Hall: I would appreciate it if we had a little more 
    ``dynamic democracy'' so that we could get to work on the 
    legislative program.
        Mr. McCormack: I realize that any Member who wants to make a 1-
    minute speech ought to be here at 12 o'clock. But we are all human 
    beings. None of us are perfect.

    On June 17, 1970,(13) Speaker McCormack made the 
following announcement:
---------------------------------------------------------------------------
13. 116 Cong. Rec. 20158, 20245, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will recognize Members for unanimous-
    consent requests to extend remarks, and so forth, or for 1-minute 
    speeches with yielding back of the time, and later in the day the 
    Chair will recognize Members for 1-minute speeches if Members 
    desire to present them. . . .
        Mr. [William V.] Alexander [Jr., of Arkansas]: Mr. Speaker, I 
    ask unanimous consent to address the House for 1 minute, to revise 
    and extend my remarks and to include extraneous matter.
        The Speaker: Is there objection to the request of the gentleman 
    from Arkansas?
        Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, reserving the 
    right to object----
        The Speaker: The gentleman from Arkansas asked unanimous 
    consent to address the House for 1 minute.
        Mr. Gross: I understand that, Mr. Speaker, and I reserved the 
    right to object.
        Mr. Speaker, when the session opened this morning the Speaker--
    very providently, I thought--in the interest of--getting on with 
    the legislative business, precluded 1-minute speeches. However, I 
    am not at all certain that it was done for the purpose of 
    expediting the legislation, but rather to prevent 1-minute speeches 
    on the resolution just passed.
        The Speaker: . . . As far as the Chair is concerned the custom 
    of the 1-minute speech procedure is adhered to as much as possible 
    because the Chair thinks it is a very healthy custom.
        The Chair had the intent, after the disposition of the voting 
    rights bill, to recognize Members for 1-minute speeches or further 
    unanimous-consent requests if they so desired to do so.

Construing and Applying House Rules

Sec. 3.29 It has been held within the authority of the Speaker to look 
    to all pertinent facts concerning a matter in order to construe 
    House rules sought to be applied thereto.

    On Aug. 13, 1937,(14) Speaker William B. Bankhead, of 
Ala

[[Page 460]]

bama, described the circumstances that could be considered in 
construing a rule of the House.
---------------------------------------------------------------------------
14. 81 Cong. Rec. 8842-45, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John H.] Kerr [of North Carolina]: Mr. Speaker, I offer a 
    privileged report in the election contest of Roy against Jenks.
        The Clerk read the title of the resolution.
        The Speaker: Referred to the House Calendar and ordered 
    printed.
        Mr. [Charles W.] Tobey [of New Hampshire]: Mr. Speaker, I rise 
    to make a point of order against the acceptance by the House of the 
    report and resolution just offered by the chairman of Elections 
    Committee No. 3.
        Mr. Speaker, it is my contention that the making of this report 
    constitutes a violation of section 47 of rule 11 of the rules of 
    the House of Representatives, which reads as follows:

            47. The several elections committees of the House shall 
        make final report to the House in all contested election cases 
        not later than 6 months from the first day of the first regular 
        session of the Congress to which the contestee is elected 
        except in a contest from the Territory of Alaska in which case 
        the time shall not exceed 9 months.

        The language of this rule is not permissive; it is mandatory, 
    compelling. . . .

    After lengthy debate Speaker Bankhead said:

        The Speaker: The Chair is prepared to rule on this point of 
    order. . . .
        . . . Of course, this is a rather serious proposition which has 
    been submitted to the Chair, because it involves the right of the 
    contestant or the contestee to have the issue presented to this 
    House as to whether or not the contestant or the contestee is 
    entitled to a seat on the floor. . . .
        The Chair thinks it proper in the construction of this issue 
    not only to take into consideration the verbiage of this rule but 
    also a provision of the Constitution of the United States which has 
    been cited in this argument. Section 5 of article I of the 
    Constitution, in part, provides:

            Each House shall be the judge of the elections, returns, 
        and qualifications of its own Members.

        The Chair is of opinion that although the terms of the rule are 
    in the language read by the Chair and as argued by the gentleman 
    from New Hampshire, yet, nevertheless, the Chair must look at all 
    the facts in the case in order to reach a decision as to what was 
    the fair intention of the House of Representatives in the adoption 
    of this rule. . . .
        The contestee and the contestant having each more than 6 months 
    under the statutes to present their case, the Chair is of opinion 
    that under all of the circumstances the fair and reasonable and 
    just interpretation of this rule justifies him in overruling the 
    point of order, and the Chair does overrule the point of 
    order.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: The first regular session of the 75th 
        Congress began on Jan. 5, 1937. The point of order in this case 
        was that the time period under the rule in question was six 
        months, and therefore the committee did not have jurisdiction 
        on Aug. 13 to submit the report. The issue of the contested 
        election was filed with the committee on July 21, 1937, and 
        immediately referred to the Committee on Elections No. 3. Thus 
        in construing the rule, the Speaker in effect held that the six 
        months' time period in question was directory and not mandatory 
        in nature.

---------------------------------------------------------------------------

[[Page 461]]

Ruling on Resolutions

Sec. 3.30 The Speaker normally does not rule on whether a resolution is 
    a privileged one until the reading of it is concluded.

    On July 9, 1935,(16) a Member rose to present what he 
considered to be a privileged resolution.
---------------------------------------------------------------------------
16. 79 Cong. Rec. 10905, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, I have a 
    matter of correcting a false report that should require not more 
    than a few minutes. For the purpose of getting it immediately 
    before the House, I rise to a question of the privileges of the 
    House and present a privileged resolution.
        The Clerk read the resolution, as follows:

                                 Resolution

            Whereas all over the United States the press has 
        erroneously asserted that in a brusque, uncalled-for manner the 
        Doorkeeper of the House of Representatives forced a mother and 
        child to leave the House gallery because she was nursing her 
        baby, and inferentially censuring the House of Representatives 
        for not allowing a mother to nurse her baby in the House 
        gallery. . . .
            . . . Therefore be it
            Resolved, That said report emanating from Washington and 
        published generally in the United States was incorrect and 
        without warrant.

        Mr. [John E.] Rankin [of Mississippi] (interrupting the reading 
    of the resolution): Mr. Speaker, I make the point of order that 
    enough of the resolution has been read to show that it is not 
    privileged.
        Mr. Blanton: It should be privileged when the House of 
    Representatives has been charged with having shown disrespect and 
    an inexcusable indignity to an American mother.
        Mr. Rankin: Mr. Speaker, it does not reflect on the dignity of 
    the proceedings of the House at all.
        The Speaker [Joseph W. Byrns, of Tennessee]: The Clerk will 
    finish the reading of the resolution. The Chair cannot pass on the 
    matter until the reading of the resolution has been concluded. . . 
    .

Sec. 3.31 Although the Chairman of the Committee of the Whole does not 
    ordinarily rule on the effect of an amendment, he has interpreted 
    questioned language in order to rule on a point of order.

    On Apr. 26, 1966,(17) a point of order was raised 
concerning the effect of a proposed amendment.
---------------------------------------------------------------------------
17. 112 Cong. Rec. 8968, 8969, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Jamie L.] Whitten [of Mississippi]: Mr. Chairman, I make a

[[Page 462]]

    point of order against the amendment offered by the gentleman from 
    Illinois on the ground that it is legislation on an appropriation 
    bill. . . .
        The Chairman [Eugene J. Keogh, of New York]: The Chair is 
    prepared to rule.
        The gentleman from Illinois [Mr. Finley] has offered an 
    amendment . . . to which amendment the gentleman from Mississippi 
    has made a point of order on the ground that it is legislation on 
    an appropriation act.
        The language sought to be inserted by the amendment reads as 
    follows:

            No funds appropriated by the Act shall be used to formulate 
        or administer a Federal crop insurance program for the current 
        fiscal year that does not meet the administrative and operating 
        expenses from premium income.

        It might be said that the effect of any proposed amendment is 
    truly not within the competence of the Chair. But a reading of this 
    language indicates to this occupant of the chair that there is here 
    sought an express limitation on the funds appropriated by the 
    pending bill and the Chair, therefore, overrules the point of 
    order.

Inquiries by Chair

Sec. 

     3.32 The Chairman of the Committee of the Whole may inquire of a 
    Member offering an amendment the purpose of including therein a 
    reference to existing law.

    On Oct. 10, 1963,(18) the Chairman of the Committee of 
the Whole, Richard Bolling, of Missouri, made the following inquiry of 
a Member:
---------------------------------------------------------------------------
18. 109 Cong. Rec. 19260, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: The Chair would like to ask the gentleman from 
    Washington a question. What is the reason for the inclusion of 
    language at the end of the amendment reading:

            Except pursuant to an agreement hereafter made by the 
        President by and with the advice and consent of the Senate as 
        provided by section 205 of the National Aeronautics and Space 
        Act of 1958.

        The Chair, to make it clear why he is asking the question, has 
    examined section 205 of that act. That says:

                         International Cooperation

            Sec. 205. The Administration, under the foreign policy 
        guidance of the President, may engage in a program of 
        international cooperation in work done pursuant to this Act and 
        in the peaceful application of the results thereof, pursuant to 
        agreements made by the President with the advice and consent of 
        the Senate.

        The problem the Chair is considering is why there is any need 
    to include the language at the end of the amendment unless in some 
    way it changes existing law?
        Mr. [Thomas M.] Pelly [of Washington]: Mr. Chairman, I would 
    say that it does not change existing law but simply follows it. 
    But, in order to clarify this matter I ask unanimous consent to 
    strike from the amendment the words from ``except pursuant to an 
    agreement'' to the end.
        The Chairman: Is there objection to the request of the 
    gentleman from Washington?

[[Page 463]]

        There was no objection.

Answering Inquiries

Sec. 3.33 The Speaker may answer parliamentary inquiries regarding the 
    applicability of the rules of the House to standing committees.

    On Feb. 15, 1949,(19) parliamentary inquiries were made 
concerning the applicability of the House rules to the standing 
committees.
---------------------------------------------------------------------------
19. 95 Cong. Rec. 1212, 1213, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Earl] Chudoff [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker [Sam Rayburn, of Texas]: The gentleman will state 
    it.
        Mr. Chudoff: Mr. Speaker, I should like to know whether the 
    committees of this House operate under the same rules as the House.
        The Speaker: The rules of the House so provide.
        Mr. Chudoff: Mr. Speaker, I should like to know further whether 
    this House has a right to appeal from a ruling of the Chair.
        The Speaker: Any Member has the right to appeal from the ruling 
    of the Chair.
        Mr. Chudoff: I should like to know whether, under that ruling, 
    members of the committee can appeal from the ruling of the chairman 
    of the committee.
        The Speaker: They can.
        Mr. Chudoff: So that the chairman of a committee who had his 
    ruling appealed from would have no right other than to allow that 
    appeal to go before the entire committee; is that right, Mr. 
    Speaker?
        The Speaker: The rules of the House provide that the rules of 
    the House are made the rules of its standing committees so far as 
    applicable. The Members of the House have a right to appeal from a 
    decision of the Chair. That would also apply in a committee.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Suppose a question is raised here and a roll call 
    is asked for, and one-fifth of the Members rise and ask for a roll 
    call, and the Chair holds that a roll call is called for, no appeal 
    from that ruling would be in order, would it?
        The Speaker: That would be in accordance with the rules of the 
    House.
        Mr. Rankin: Certainly. That is just what happened in the 
    committee this morning. I demanded a roll call and asked for a 
    showing of hands, and more than one-fifth voted for a roll call. 
    One member tried to appeal from the decision, which, of course, was 
    ridiculous. Then a few of them walked out, evidently to keep from 
    going on record.
        The Speaker: The Chair was only answering the parliamentary 
    inquiry. He does not know what happened in the committee.

Sec. 3.34 The Speaker may decline to immediately answer a parliamentary 
    inquiry

[[Page 464]]

    when the inquiry would better be taken under advisement.

    On July 21, 1956,(20) a parliamentary inquiry was 
directed to Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
20. 102 Cong. Rec. 13832, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.

        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Hoffman [of Michigan]: Mr. Speaker, can a regular or select 
    committee of the House authorize its chairman to file, subsequent 
    to adjournment sine die, with the Clerk for printing as House 
    documents reports which are approved by a majority of the members 
    of the committee, if such reports do not purport to represent the 
    views and conclusions of the entire membership?
        The Speaker: That is something the Chair would certainly have 
    to take under advisement and it would take some time.

Sec. 3.35 The Speaker may request that a parliamentary inquiry be 
    withheld under certain circumstances until the Speaker has had 
    sufficient time to determine certain facts.

    On July 8, 1957,(1) a parliamentary inquiry was 
addressed to Speaker Sam Rayburn, of Texas:
---------------------------------------------------------------------------
 1. 103 Cong. Rec. 11012, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I desire to 
    propound a parliamentary inquiry.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Smith of Virginia: Mr. Speaker, the bill, H.R. 6127, known 
    as the civil rights bill, as it passed the House, contained an 
    amendment, one amendment, which should have been printed on page 13 
    where it was adopted. By inadvertence an error was made in the 
    Journal and in the printing of the bill, and the bill was printed 
    so that the amendment appears at the bottom of page 8 of the bill 
    instead of as a new section on page 13. It was so messaged to the 
    other body in the erroneous form. In other words, the House sent to 
    the other body a bill which is not in conformity with the action of 
    the House. The bill was received by the other body and was read the 
    first time and was then read the second time and it is now on the 
    calendar of the other body. My parliamentary inquiry is whether it 
    is not the proper procedure at this time to ask the other body to 
    return the bill to the House for action to conform to what actually 
    took place and to conform with the Record and the Journal of the 
    House.
        The Speaker: The Chair would ask the gentleman from Virginia to 
    withhold his inquiry for the purpose of enabling the Chair to look 
    further into the matter.
        Mr. Smith of Virginia: I thank the Speaker.

Sec. 3.36 The Speaker, and not the Chairman of the Committee of the 
    Whole, is considered the proper person to

[[Page 465]]

    answer parliamentary inquiries regarding points of order which 
    might be made against a conference report under consideration in 
    the House.

    On May 18, 1966,(2) a parliamentary inquiry was 
addressed to the Chairman of the Committee of the Whole, Eugene J. 
Keogh, of New York:
---------------------------------------------------------------------------
 2. 112 Cong. Rec. 10895, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles R.] Jonas [of North Carolina]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Jonas: In case the bill agreed on in the conference should 
    delete this amending language, and the bill which came back to the 
    House contained the objectionable language, against which the point 
    of order was lodged, could a point of order be made against the 
    conference report to strike that language?
        The Chairman: The present occupant of the chair would not 
    assume to undertake to suggest what would be done by the Speaker in 
    that event.
        Mr. Jonas: That would be a matter for the Speaker to decide.
        The Chairman: The gentleman is correct.

Sec. 3.37 The Speaker, and not the Chairman of the Committee of the 
    Whole, is considered the person having authority to answer 
    parliamentary inquiries regarding voting requirements in the House.

    On June 13, 1946,(3) a parliamentary inquiry was 
addressed to the Chairman of the Committee of the Whole, William M. 
Whittington, of Mississippi:
---------------------------------------------------------------------------
 3. 92 Cong. Rec. 6877, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case [of South Dakota]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Case: Would it be possible to get a rule making in order a 
    paragraph which had previously been stricken from the bill on a 
    point of order, unless that rule was adopted by a two-thirds vote?
        The Chairman: The Chair may say to the gentleman that that 
    inquiry is not one that can be answered in the Committee of the 
    Whole. It is a matter that would have to be determined by the 
    Speaker of the House.

Sec. 3.38 It is within the authority of the Speaker, and not the 
    Chairman of the Committee of the Whole, to answer parliamentary 
    questions concerning possible procedures whereby the House could 
    authorize the Committee of the Whole to sit in executive session.

    On May 9, 1950,(4) a parliamentary inquiry was addressed 
to the

[[Page 466]]

Chairman of the Committee of the Whole:
---------------------------------------------------------------------------
 4. 96 Cong. Rec. 6746, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Errett P.] Scrivner [of Kansas]: Mr. Chairman . . . I 
    would submit a parliamentary inquiry as to whether or not an 
    executive session could be held and, if so. what procedure would be 
    necessary to bring that to pass before we are asked to vote upon 
    the $350,000,000 additional.
        The Chairman [Mike Mansfield, of Montana]: The Chair will state 
    to the gentleman from Kansas that the Committee of the Whole would 
    have no control over that. That would be a matter for the House 
    itself to decide.
        Mr. Scrivner: I understand that, of course, and raised the 
    question for information of the Members. Since it is a matter for 
    the House to determine, as a further parliamentary inquiry, what 
    would be the method followed to take that action?
        The Chairman: The Chair will say to the gentleman from Kansas 
    that a parliamentary inquiry of that sort should be addressed to 
    the Speaker rather than the chairman.

Accepting subpena

Sec. 3.39 The Speaker accepts service of a subpena duces tecum in his 
    official capacity as Speaker of the House.

    On Feb. 11, 1965,(5) Speaker John W. McCormack, of 
Massachusetts, made an announcement concerning a subpena duces tecum 
from a U.S. District Court.
---------------------------------------------------------------------------
 5. 111 Cong. Rec. 2645, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a statement.
        The Chair, in his official capacity as Speaker of the House, 
    has been served with a subpena duces tecum, issued by the U.S. 
    District Court for the District of Columbia, commanding him to 
    appear in the said court to testify in the case of the United 
    States of America against Russell Nixon, Dagmar Wilson, and Donna 
    Allen on the 18th day of March 1965.
        Under the precedents of the House, the Chair is unable to 
    comply with this subpena without the consent of the House, the 
    privileges of the House being involved. The Chair therefore submits 
    the matter for the consideration of this body. The Clerk will read 
    a copy of the subpena. . . .(6)
---------------------------------------------------------------------------
 6. Parliamentarian's Note: In order to avoid the problems which might 
        be associated with his being served in the Capitol Building, 
        the Speaker agreed in advance to receive the deputy marshal in 
        his hotel suite.
---------------------------------------------------------------------------

Certifying for Contempt

Sec. 3.40 The Speaker may be authorized by a formal House resolution to 
    certify to a U.S. attorney the names of persons found to be in 
    contempt of a House committee.

    On Mar. 28, 1946,(7) the following resolution was 
introduced in the House:
---------------------------------------------------------------------------
 7. 92 Cong. Rec. 2745. 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John S.] Wood [of Georgia]: Mr. Speaker, I offer a 
    privileged resolution (H. Res. 573) and ask for its immediate 
    consideration.

[[Page 467]]

        The Clerk read the resolution, as follows:

            Resolved, That the Speaker of the House of Representatives 
        certify the report of the House Committee on Un-American 
        Activities as to the willful and deliberate refusal of the 
        following persons to produce before the said committee for its 
        inspection the books, papers, and records of an unincorporated 
        organization known as the Joint Anti-Fascist Refugee Committee, 
        with offices at 192 Lexington Avenue, New York, N.Y., together 
        with all the facts relating thereto, under seal of the House of 
        Representatives, to the United States attorney for the District 
        of Columbia to the end that the said persons named below may be 
        proceeded against in the manner and form provided by law: . . .
            [Names]

    On Aug. 2, 1946,(8) the following resolution was 
introduced in the House:
---------------------------------------------------------------------------
 8. 92 Cong. Rec. 10748, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: [Sam Rayburn, of Texas]: The Clerk will read the 
    resolution.
        The Clerk read as follows:

            Resolved, That the Speaker of the House of Representatives 
        certify the foregoing report of the House Committee on Un-
        American Activities as to the willful and deliberate refusal of 
        the following person to produce before the said committee for 
        its inspection certain books, papers, and records which had 
        been duly subpenaed, and to testify under oath concerning all 
        pertinent facts relating thereto; under seal of the House of 
        Representatives to the United States attorney for the District 
        of Columbia to the end that the said person named below may be 
        proceeded against in the manner and form provided by law; 
        Richard Morford, 114 East Thirty-second Street, New York, N.Y.

Sec. 3.41 When the Speaker certifies to a U.S. District Attorney for 
    prosecution (2 USC Sec. 194) the name of a person a House committee 
    has found to be in contempt, it has been held that no further 
    action of the House is required for the courts to begin 
    proceedings.

    On Nov. 14, 1944,(~9) Speaker Sam Rayburn, of Texas, 
made an announcement concerning his certification to the U.S. Attorney 
of the District of Columbia of statements of fact concerning the 
willful refusal of certain individuals to testify for a special 
committee of the House:
---------------------------------------------------------------------------
 9. 90 Cong. Rec. 8163, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to announce that during the past 
    recess of the Congress the Special Committee to Investigate 
    Campaign Expenditures authorized by House Resolution 551, Seventy-
    eighth Congress, reported to and filed with the Speaker statements 
    of facts concerning the willful and deliberate refusal of Edward A. 
    Rumely of the Committee for Constitutional Government and Joseph P. 
    Kamp of the Constitutional Educational League, Inc., to testify and 
    to produce the books, papers, records, and documents

[[Page 468]]

    of their respective organizations before the said Special Committee 
    of the House, and the Speaker, pursuant to the mandatory provisions 
    of Public Resolution No. 123, Seventy-fifth Congress, certified to 
    the United States attorney, District of Columbia, the statement of 
    facts concerning the said [persons]. . . .
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, what is necessary to dispose of the 
    document which the Speaker has just read? Will it require a 
    resolution by the House or will it be referred to some committee?
        The Speaker: That is not necessary under the statute. It is 
    before the court now.
        Mr. Rankin: I understand, but in order to call for court action 
    it will be necessary, as I understand it, to have a resolution from 
    the House.
        The Speaker: The Chair thinks not, under the law.

Sec. 3.42 Once authorized by the House, the Speaker certifies to U.S. 
    District Attorneys for prosecution the names of persons that House 
    committees have found to be in contempt.

    On Aug. 24, 1960,(10) Speaker San Rayburn, of Texas, 
made the following announcement:
---------------------------------------------------------------------------
10. 106 Cong. Rec. 17479, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to announce that, pursuant to 
    sundry resolutions of the House, he has, today, made certifications 
    to the U.S. attorney, District of Columbia, and to the U.S. 
    attorney, Commonwealth of Puerto Rico, as follows:
        To the U.S. attorney, District of Columbia:

            House Resolution 606, the refusal of Austin J. Tobin to 
        furnish certain documents to the Committee on the Judiciary. . 
        . .

Ending Contempt Proceedings

Sec. 3.43 The Speaker must be formally authorized by the House to 
    certify to a U.S. District Attorney the name of a person who has 
    purged himself of contempt of a House committee for purposes of 
    ending prosecution of the person.

    On July 23, 1954,(11) the following resolution was 
introduced in the House:
---------------------------------------------------------------------------
11. 100 Cong. Rec. 11650, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Harold H.] Velde [of Illinois]: Mr. Speaker, I offer a 
    resolution (H. Res. 681) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That the Speaker of the House of Representatives 
        certify the report of the Committee on Un-American Activities 
        of the House of Representatives concerning the action of 
        Francis X. T. Crowley in purging himself of contempt of the 
        House of Representatives of the

[[Page 469]]

        United States, together with all the facts in connection 
        therewith, under seal of the House of Representatives, to the 
        United States Attorney for the District of Columbia to the end 
        that legal proceedings based upon the matter certified by the 
        Speaker pursuant to H. Res. 541, 83d Congress, second session, 
        against the said Francis X. T. Crowley may be withdrawn and 
        dropped in the manner and form provided by law.

Emergency Recesses

Sec. 3.44 In cases of emergency, the Speaker has the inherent power to 
    declare recesses of the House subject to the call of the Chair.

    On Mar. 2, 1943,(12) Speaker Sam Rayburn, of Texas, 
declared a recess of the House pursuant to his inherent powers in the 
case of an emergency.
---------------------------------------------------------------------------
12. 89 Cong. Rec. 1487, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The time of the gentleman from Massachusetts has 
    expired.
        Mr. [Jack] Nichols [of Oklahoma]: Mr. Speaker, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Nichols: On page 1, line 4, after 
        ``on'' and before ``aviation'', insert ``civil and 
        commercial.''

        Mr. [Alfred L.] Bulwinkle [of North Carolina]: I rise in 
    opposition to the amendment.
        The Speaker: The gentleman from North Carolina is recognized 
    for 1 hour.
        Mr Bulwinkle: Mr. Speaker----

                                     Recess

        The Speaker: Pursuant to the inherent power lodged in the 
    Presiding Officer in case of emergency, the Chair declares this 
    House in recess subject to the call of the Chair for the purpose of 
    participating in a practice air-raid drill. The alarm has sounded. 
    Members will leave the Chamber as rapidly as possible, and the 
    galleries will be cleared.
        Accordingly (at 2 o'clock and 18 minutes p.m.) the House stood 
    in recess, subject to the call of the Speaker.

    On Mar. 1, 1954,(13) Speaker Joseph W. Martin, Jr., of 
Massachusetts, without authorization, declared the House in recess.
---------------------------------------------------------------------------
13. 100 Cong. Rec. 2434, 83d Cong. 2d Sess.
            For a more detailed treatment of this precedent, see Ch. 4, 
        supra.
---------------------------------------------------------------------------

        At approximately 2 o'clock and 30 minutes p.m. a demonstration 
    and the discharge of firearms, from the southwest House Gallery, 
    interrupted the counting of the vote; the Speaker, pursuant to the 
    inherent power lodged in the Presiding Officer in the case of grave 
    emergency, after ascertaining that certain Members had been wounded 
    and to facilitate their care, at 2 o'clock and 32 minutes p.m. 
    declared the House in recess, subject to the call of the Chair.

Enforcing Rules of Comity

Sec. 3.45 The Speaker, on the part of the House, has within his

[[Page 470]]

    authority the enforcement of the customary rules of comity between 
    the House and the Senate.

    On Jan. 17, 1955,(14) Speaker Sam Rayburn, of Texas, 
announced his policy with the regard to the rule of comity between the 
two Houses.
---------------------------------------------------------------------------
14. 101 Cong. Rec. 386, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make this statement at the 
    beginning of this session with reference to something that has been 
    maintained by every Speaker of the House since the present occupant 
    of the Chair has been a Member of this body, and that is that the 
    House of Representatives, regardless of what any other body or any 
    other individual does, has maintained strictly those rules and 
    regulations which protect and perpetuate the comity between the two 
    Houses. And when any Member of this House rises to make remarks 
    about what has happened in another body or about any individual in 
    that body, the present occupant of the Chair will certainly see 
    that the rules of the House and the rules of comity between the two 
    Houses are enforced.

    On Mar. 26, 1964,(15) a Member made reference to a 
Senator in the course of debate:
---------------------------------------------------------------------------
15. 110 Cong. Rec. 6361, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Louis C.] Wyman [of New Hampshire]: Mr. Speaker, I want to 
    express myself as being in whole-hearted disagreement with the 
    amazing, incredible, and dismaying remarks regarding American 
    foreign policy of the chairman of the Senate Foreign Relations 
    Committee made on the Senate floor yesterday. . . .
        May the Lord help us should this sort of policy be in effect--
    --
        Mr. [Kenneth] Hechler [of West Virginia]: Mr. Speaker, a point 
    of order.
        The Speaker: [John W. McCormack, of Massachusetts]: The 
    gentleman will state it.
        Mr. Hechler: Mr. Speaker, the gentleman's remarks are directed 
    to a Member of the other body, which is a violation of the rules of 
    the House.
        The Speaker: The Chair will say that under the rules no Member 
    may refer to a Member of the other body, or to a speech another 
    Member has made in that body.
        The gentleman from New Hampshire will proceed in order.
        Mr. Wyman: Mr. Speaker, a parliamentary inquiry.
        The Speaker:: The gentleman will state it.
        Mr. Wyman: Mr. Speaker, I had no intention to violate the rules 
    of the House. The speech is a matter of record. It was made by the 
    chairman of the Foreign Relations Committee of the Senate, and I do 
    not know how I could refer to it otherwise. The speech is in the 
    Record, and it is before us at our seats.
        May I inquire as to how I may now properly refer to the speech 
    and disassociate myself from its views without referring to its 
    author?
        The Speaker: The Chair has stated what the rules of the House 
    are. The

[[Page 471]]

    Chair did not use the word ``violate.'' The Chair did not go that 
    far. The Chair simply says reference to a Member of the other body 
    is not proper, and is not consistent with the rules of the House. 
    The gentleman was recognized to proceed in order.
        Mr. Wyman: Mr. Speaker, I will, of course, accord with the rule 
    and I will therefore refer only to prominently publicized remarks 
    appearing on the front pages of the Nation's newspapers of last 
    night and this morning



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 4. Limitations on the Speaker's Powers

    As previously noted, the Speaker is not unlimited in the exercise 
of his various powers. The House rules and precedents serve not only as 
a guide for his actions but also as a constraint on them. In 
Jefferson's Manual, the author noted the importance of such 
constraints:

        And whether these forms be in all cases the most rational or 
    not is really not of so great importance. It is much more material 
    that there should be a rule to go by than what that rule is; that 
    there may be a uniformity of proceeding in business not subject to 
    the caprice of the Speaker. . . .(16)
---------------------------------------------------------------------------
16. House Rules and Manual Sec. 285 (1973).
---------------------------------------------------------------------------

    Thus, the Speaker is constrained to follow formal procedures when 
they exist. For example, the Speaker normally does not refer matters to 
the various House committees without first examining the 
measures(17) and conferring with the House 
Parliamentarian.(18)
---------------------------------------------------------------------------
17. See Sec. 4.2, infra.
18. See Sec. 4.3, infra. See Ch. 16, infra, for treatment of reference 
        of bills to committees.
---------------------------------------------------------------------------

    The Speaker is, of course, guided in his duties by the House rules 
and precedents. Thus, he normally does not comment on the advisability 
of one rule over another in a case where a previous rule is in conflict 
with a current rule,(19) nor does he normally rule on a 
point of order in such a way as to overturn previous rulings, though he 
has the power to do so.(1)
---------------------------------------------------------------------------
19. See Sec. 4.4, infra. See Ch. 5, supra, for treatment of the House 
        rules.
 1. See Sec. 4.5, infra. See Ch. 31, infra, for fuller treatment of the 
        Speaker's rulings on points of order.
---------------------------------------------------------------------------

    Though in certain circumstances it might seem helpful for the 
Speaker to interpret the Senate rules of procedure, he does not 
normally even attempt to do so.
    Similarly, the Speaker does not rule on the effect of a resolution 
being considered by the House which deals with the House 
rules.(2)
---------------------------------------------------------------------------
 2. See Sec. 4.8, infra.

---------------------------------------------------------------------------

[[Page 472]]

    Whether a Member may display exhibits during his remarks is a 
matter for the House and not the Speaker to decide.(3)
---------------------------------------------------------------------------
 3. See Sec. 4.10, infra. See Ch. 29, infra, for fuller treatment of 
        the Speaker's role in consideration and debate of legislative 
        measures, and as to the use of exhibits.
---------------------------------------------------------------------------

    Tke Speaker's duty to rule on various points of order is limited in 
certain ways.(4) It is considered improper for the Speaker 
to rule, for example: on the constitutionality of 
measures;(5) on the effect of an amendment;(6) on 
the merits of a measure;(7) on the purpose of an 
amendment;(8) on the sufficiency, insufficiency, or binding 
effect of a committee report;(9) on the substantive effect 
of extraneous material in a committee report;(10) on the 
possible ambiguity of language in a measure;(11) on the 
propriety of instructions that might subsequently accompany a motion to 
recommit a measure;(12~) on the propriety of an announced 
speech topic in advance of its delivery;(13) or on how the 
results of a vote should be construed.(14~)
---------------------------------------------------------------------------
 4. See Ch. 31, infra, for fuller treatment of the Speaker's role vis-
        a-vis points of order.
 5. See Sec. 4.18, infra.
 6. See Sec. 4.19, infra.
 7. See Sec. 4.20, infra.
 8. See Sec. 4.21, infra.
 9. See Sec. 4.22, infra.
10. See Sec. 4.23, infra.
11. See Sec. 4.24, infra.
12. See Sec. 4.25, infra. See Ch. 28, infra, for treatment of the 
        germaneness rule generally.
13. See Sec. 4.26, infra.
14. See Sec. Sec. 4.27, 4.28, infra.
---------------------------------------------------------------------------

    In many situations, the Speaker is entitled to perform certain 
actions only after the House has given him its formal authorization. 
Thus, for example, under normal circumstances, the Speaker must be 
authorized by the House prior to declaring a recess.(15) 
This authorization may later be vacated by the House.(16)
---------------------------------------------------------------------------
15. See Sec. 4.34, infra. See also Sec. 3.44, supra, for Speaker's 
        power to declare recesses in an emergency. See Ch. 39, infra, 
        for fuller treatment of the Speaker's role in recessing the 
        House.
16. See Sec. 4.35, infra.
---------------------------------------------------------------------------

    The Speaker must also be authorized to sign enrolled bills and 
joint resolutions during House adjournments.(17) The 
Speaker's signature may later be rescinded by House 
action.(18)
---------------------------------------------------------------------------
17. See Sec. Sec. 4.37, 4.38, infra. See Ch. 24, infra, for fuller 
        treatment of the formal passage of bills.
18. See Sec. Sec. 4.39, 4.40, 
        infra                          -------------------
---------------------------------------------------------------------------

Congressional Record Policy

Sec. 4.1 Although the Speaker may have set policy regard

[[Page 473]]

    ing matter to be included in the Congressional Record, it is a 
    matter for the House to decide whether such a policy, not being a 
    House rule, shall be followed.

    On Mar. 6, 1945,(19) Speaker Sam Rayburn, of Texas, 
discussed extension of remarks in the Congressional Record in response 
to a parliamentary inquiry:
---------------------------------------------------------------------------
19. 91 Cong. Rec. 1788, 1789, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, on yesterday several Members made 1 
    minute speeches. Among them was the gentleman from Arkansas . . . 
    the gentle man from Nevada . . . the gentleman from New York . . . 
    and your humble servant.
        Without consulting the gentleman from Nevada . . . or the 
    gentleman from Arkansas . . . or me, somebody down the line 
    inserted our speeches in the Appendix of the Record and left the 
    speech made by the gentleman from New York . . . in the body of the 
    Record where it should be.
        As I understand the rules of the House, nobody in the Printing 
    Office has any right to change this Record. One reason I am raising 
    this question is this: The Speaker is familiar with the fact that a 
    short time ago, I made a short address on the floor and when it was 
    sent down to the Printing Office it had a heading on it, and . . . 
    one of the Official Reporters in the well of the House here called 
    down there at midnight and had that heading changed.
        It seems to me that we have come to the time, if Congress is 
    going to control the Congressional Record, that we might as well 
    find it out. I understand it has been the ruling of the Chair that 
    where a Member makes a 1-minute speech, if he asks to insert 
    extraneous matter that contains more than 300 words, the speech 
    must be inserted in the Appendix of the Record. But where a Member 
    makes his own speech and extends his own remarks, he has the right 
    to have that speech appear in the Record at that point. . . .
        The Speaker: The Chair can reiterate what he has said many 
    times.
        When I became majority leader, I made the statement to the 
    House, after consulting with the minority leader, who I think at 
    that time was Mr. Snell, of New York, that if anyone asked to 
    proceed for more than 1 minute before the legislative program of 
    the day was completed we would object. Since then Members have not 
    asked to proceed for more than a minute before the legislative 
    program.
        Then Members began speaking for a minute and putting into the 
    Record a long speech, so that 10 or a dozen pages of the Record was 
    taken up before the people who read the Record would get to the 
    legislative program of the day, in which I would think they would 
    be the most interested. So we adopted the policy--there is no rule 
    about it--of asking that when Members speak for a minute, if their 
    remarks are more than 300 words, which many times can be said in a 
    minute,

[[Page 474]]

    their remarks or any extension of their remarks go in the Appendix 
    of the Record. The Chair has on numerous occasions spoken to those 
    who control the Record and asked them to follow that policy.
        Mr. Rankin: Mr. Speaker, I take issue of course with that 
    policy, because these 1-minute speakers do not abuse the Record, as 
    a rule. The only question that has been raised about any abuse of 
    the Record in regard to these 1-minute speeches was with reference 
    to a speech made on the 5th of February, I believe, wherein the 1-
    minute speaker used several pages.
        The Speaker: The Chair might state also that when there is no 
    legislative program in the House for the day, such speeches may go 
    in, and they will go in as 1-minute speeches.
        Mr. [Daniel A.] Reed of New York: Mr. Speaker, verifying the 
    statement, which, of course, needs no verification, I remember 
    going to the Speaker and asking if it would be proper to put the 
    speech in the body of the Record, and the Speaker said that there 
    was no legislative program for the day and there was no reason why 
    a Member could not do it. I assume that was on the 5th of February.
        The Speaker: That is correct.
        Mr. Rankin: Let me say to the gentleman from New York that on 
    yesterday one of the Members made a speech that you will find in 
    the Record almost or quite as long as the speech of the gentleman 
    from Nevada . . . or the one of the gentleman from Arkansas . . . 
    or the one that I made. It was placed in the body of the Record, 
    and it was in excess of 300 words. I can go back through the Record 
    here and find numerous occasions.
        If we are going to adopt the policy that everybody who speaks 
    in the well of the House and uses over 300 words must have his 
    speech printed in the Appendix, it should apply to all of us.
        . . . I think this should be a matter to be settled by the 
    membership of the House. . . .
        The Speaker: The House has that within its entire control at 
    any time it desires to act upon the question. . . .
        Mr. Rankin: Let me ask the Speaker now, I want to know, because 
    the Members of the House are all interested, if Members, when they 
    make a 1-minute speech, use more than 300 words, it is to be 
    printed in the Appendix of the Record and not in the body?
        The Speaker: That is correct.
        Mr. Rankin: So the rule will be applied to all alike?
        The Speaker: The Chair tries to apply that rule.

Announcing Reference of Bill

Sec. 4.2 The Speaker may refuse to say, in advance of examination of a 
    bill, to which committee the bill will be referred.

    On Feb. 1, 1966,(1) parliamentary inquiries were 
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 1716, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.

[[Page 475]]

        Mr. Hall: . . . [M]y parliamentary inquiry would involve two 
    questions: First, would reference of the President's message to the 
    Committee on Foreign Affairs of this House automatically involve 
    reference of bills referred to therein to the same committee of 
    this House?
        The Speaker: It would depend upon the nature of the bill. The 
    answer as to one does not necessarily follow as to the other. On 
    the other hand, the provisions of the bill and the Rules of the 
    House would govern.
        Mr. Hall: I thank the Speaker.
        The second portion of my parliamentary inquiry, Mr. Speaker, if 
    I may continue, is this: In view of the fact that the military and 
    economic authorization requests are to be contained, according to 
    the President's message, in two separate bills--again, for the 
    first time in some years--would the military authorization part 
    thereof, when submitted, apparently by the administration, per this 
    message, be referred to the Legislative Committee on Armed Services 
    of this House, or would it go to the Committee on Foreign Affairs?
        The Speaker: The Chair is not prepared to answer that inquiry 
    at the present time, because the answer to the second inquiry would 
    relate back to the first inquiry made by the gentleman from 
    Missouri, and the response of the Chair to that inquiry.
        In the opinion of the Chair, the second question is related to 
    the first question, that question being answered that it does not 
    necessarily follow that specific legislation would be referred to 
    the committee to which the message would be referred.
        Mr. Hall: I thank the Speaker.
        The Speaker: Therefore, the Chair does not feel able to pass 
    upon the second inquiry until the Chair has had an opportunity to 
    observe the provisions of the bill.

Bill Reference After Consultation

Sec. 4.3 The Speaker may withhold referral of a Senate bill on the 
    Speaker's Table until he has studied the question, consulted with 
    the Parliamentarian, and decided on the proper jurisdiction.

    On June 6, 1949,(2) Speaker Sam Rayburn, of Texas, 
indicated the nature of his duty to refer bills to committees.
---------------------------------------------------------------------------
 2. 95 Cong. Rec. 7255, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Wright] Patman [of Texas]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Patman: Mr. Speaker, may I ask the status of the bill S. 
    1008, which, I understand, was messaged over from the Senate on 
    Friday last?

        The Speaker: The Chair understands it is on the Speaker's 
    table.
        Mr. Patman: Will it be referred to the Committee on the 
    Judiciary?
        The Speaker: The Chair does not know about that.
        Mr. Patman: What action will be necessary in order to get it 
    referred to the committee?
        The Speaker: It is the duty and the privilege of the Chair to 
    refer bills to

[[Page 476]]

    whatever committee he desires, after consultation with the 
    Parliamentarian, of course. The Chair will not recognize any motion 
    in that regard at this time.

Speaker Guided by Rules and Precedents

Sec. 4.4 It has been considered not within the province of the Speaker 
    to pass on the advisability of a more recent House rule which 
    appears to conflict with previous ones.

    On July 16, 1935,(3) Speaker Joseph W. Byrns, of 
Tennessee, responded to a point of order.
---------------------------------------------------------------------------
 3. 79 Cong. Rec. 11264, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair is ready to rule.
        Last Friday the gentleman from Texas [Mr. Blanton] kindly 
    indicated that it was his purpose to make the point of order he has 
    raised today when the House began consideration of the so-called 
    ``omnibus private claims bill.'' The gentleman from Texas has 
    served in the House for many years with distinction and is familiar 
    with the rules of the House, and the Chair has given considerable 
    thought to the point of order since the gentleman indicated on last 
    Friday that it was his purpose again to raise it on this occasion.
        The gentleman from Texas, in his argument today, has contended 
    that this rule conflicts with a number of rules to which he has 
    referred. Without passing upon the question of whether or not there 
    is a conflict, the Chair will state that if there is a conflict the 
    rule last adopted would control. The Chair assumes that if this 
    rule should be found to conflict with previous rules, that the 
    House intended, at least by implication, to repeal that portion of 
    the previous rule with which it is in conflict.
        The Chair may state that in passing upon this point of order it 
    is not the province of the Chair, nor has the Chair any such 
    intention, to pass upon the question of whether or not this rule is 
    advisable or whether a better one could have been adopted.

Sec. 4.5 Although it is within the authority of the Speaker to rule on 
    a point of order in such a way as to overturn previous precedents 
    of the House, the Speaker in most instances follows the precedents 
    of the House when they are very clearly applicable to a given 
    situation.

    On June 24, 1958,(4) a point of order was raised against 
the following remarks of a Member:
---------------------------------------------------------------------------
 4. 104 Cong. Rec. 12121, 12122, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas B.] Curtis of Missouri: . . . If this committee 
    [the Subcommittee of the Interstate and Foreign Commerce Committee 
    on Legislative Oversight] does not intend to do its job, but rather 
    intends to continue this campaign on these collateral issues which 
    I have alleged, in my judgment, amount to defamation, I think it 
    should be called sharply to

[[Page 477]]

    task first by the full Committee on Interstate and Foreign 
    Commerce, and if the full committee fails in this responsibility 
    then the House should take action. . . . Not only is this 
    subcommittee, in my judgment, not doing the job that needs to be 
    done, it has brought the institution again, in my judgment, into 
    disrepute by disregarding the rules of the House and permitting a 
    committee of the House to be used as a forum in this fashion.
        Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I must object 
    again and ask that those words be deleted.
        Mr. Curtis of Missouri: I would like to ask the gentleman 
    before he does, just what language is he objecting to?
        Mr. Harris: To the charge that this committee is violating the 
    rules of the House.
        Mr. Curtis of Missouri: Well, I certainly do charge that and I 
    think it is proper to charge such a thing if I have presented the 
    evidence. How else are we going to present the case to the House?
        The Speaker [Sam Rayburn, of Texas]: There is a long line of 
    decisions holding that attention cannot be called on the floor of 
    the House to proceedings in committees without action by the 
    committee. The Chair has just been reading a decision by Mr. 
    Speaker Gillett and the decision is very positive on that point.
        Mr. Curtis of Missouri: Mr. Speaker, in addressing myself to 
    that, may I say I am unaware of such a rule and I would argue, if I 
    may, in all propriety, that that rule, if it does exist, should be 
    changed because how else will the House ever go into the 
    functioning and actions of its committees?
        The Speaker: That is not a question for the Chair to determine. 
    That is a question for the House to change the rule.
        Mr. Curtis of Missouri: Mr. Speaker, is it a rule or is it a 
    ruling? If it is a ruling of the Chair, then it is appropriate for 
    the Chair to consider it.
        The Speaker: The precedents of the House are what the Chair 
    goes by in most instances. There are many precedents and this Chair 
    finds that the precedents of the House usually make mighty good 
    sense.
        Mr. Curtis of Missouri: But the Chair can change a precedent. 
    That is why I am trying to present this matter.
        The Speaker: If the Chair did not believe in the precedents of 
    the House, then the Chair might be ready to do that, but this Chair 
    is not disposed to overturn the precedents of the House which the 
    Chair thinks are very clear.

Interpreting Senate Rules

Sec. 4.6 The Chairman of the Committee of the Whole may decline to 
    interpret the rules or procedures of the Senate.

    On June 6, 1961,(5) a Member raised the following 
question:
---------------------------------------------------------------------------
 5. 107 Cong. Rec. 9627, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [William H.] Avery [of Kansas]: Mr. Chairman, the language 
    of the amendment now pending at the desk is the identical language 
    that came into conference from the other body following action of 
    the House, and my amendment in 1959 became incor

[[Page 478]]

    porated, I believe, in the conference report. Does that in any way 
    change the legislative history of the amendment?

    The Chairman [Paul J. Kilday, of Texas]: The Chair may advise the 
gentleman that nothing is pending before the Chair, but by way of 
observation, the language the gentleman speaks of was apparently added 
by the other body. The present occupant of the Chair would not attempt 
to state or to interpret the rules or procedure of the other body.

Passing on Resolutions and Special Orders

Sec. 4.7 The Speaker may decline to answer hypothetical questions 
    regarding special orders.(6~)
---------------------------------------------------------------------------
 6. Special orders generally, see Ch. 21, infra.
---------------------------------------------------------------------------

Sec. 4.8 The Chair does not pass on the effect of a pending resolution 
    amending the House rules.

    On Apr. 25, 1967,(7) a parliamentary inquiry concerning 
the effect of a resolution [H. Res. 42] amending the rules of the House 
was addressed to Speaker pro tempore Carl Albert, of Oklahoma:
---------------------------------------------------------------------------
 7. 113 Cong. Rec. 10710, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: . . . [W]ill the 
    distinguished gentleman yield at this time for a parliamentary 
    inquiry of the Chair, inasmuch as it is important that we try to 
    envisage, in passing this legislation today, what effect it will 
    have on the future rules of procedure in the House, and their 
    application.
        Mr. [William M.] Colmer [of Mississippi]: I yield to the 
    gentleman from Missouri.
        The Speaker Pro Tempore: The Chair must advise the 
    distinguished gentleman from Missouri that this is a matter for 
    debate on a resolution pending and not a matter properly within the 
    jurisdiction of the Chair on a parliamentary inquiry. It is up to 
    the sponsor of the resolution to explain the terms of the 
    resolution.

Quorum Request Not Dilatory

Sec. 4.9 Since the Constitution defines a quorum of the House and 
    states that it shall be required for the conduct of business, a 
    point of order that a quorum is not present is in order in the 
    absence of a quorum, and the Chair does not hold such a point to be 
    dilatory.

    On Oct. 8, 1968,(8) Speaker pro tempore Wilbur D. Mills, 
of Arkansas, heard a parliamentary inquiry concerning an alleged 
dilatory tactic.
---------------------------------------------------------------------------
 8. 114 Cong. Rec. 30097, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.

[[Page 479]]

        Mr. [James C.] Wright [Jr., of Texas]: I thank the Speaker for 
    permitting me this additional parliamentary inquiry. . . .
        On occasion the Chair has held that certain motions and points 
    of order amounted to dilatory tactics, and that that was their 
    obvious motivation, and on those occasions the Chair has summarily 
    refused to recognize such obviously dilatory points of order and 
    motions.
        Mr. Speaker, my point of parliamentary inquiry is: would the 
    Chair not feel that under the present situation, with repeated 
    points of order being made that a quorum is not present, 
    immediately followed by the absenting of themselves by certain 
    Members who have come in to answer the quorum, to be a rather 
    obvious dilatory tactic, and one which might obviously lend itself 
    to the assumption on the part of the Chair that a quorum having 
    been established and proven so frequently and repeatedly during the 
    day, would be presumed to be present for the completion of 
    business?
        The Speaker: Pro Tempore: (Mr. Mills): The Chair is ready to 
    respond to the parliamentary inquiry posed by the gentleman from 
    Texas.
        It is the understanding of the Chair that no occupant of the 
    Chair has ever in the history of the Congress held that a point of 
    order that a quorum is not present is a dilatory tactic. The 
    reasoning, obviously, is that the Constitution itself requires the 
    presence on the floor of the House of a quorum at all times in the 
    transaction of the business of the House of 
    Representatives.(9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: The precedents of the House which indicate 
        that the Chair has held a point of no quorum to be dilatory 
        when it immediately follows a call of the House which discloses 
        the presence of a quorum are not applicable to the situation 
        where there is ``intervening business'' between the 
        establishment of the quorum and the making of the point of no 
        quorum. Generally, see Ch. 20, infra.
---------------------------------------------------------------------------

Permitting Exhibits

Sec. 4.10 It is for the House and not the Speaker to decide whether a 
    Member may be allowed to display an exhibit in debate.

    On June 2, 1937,(10) a point of order was made 
concerning the display of an exhibit during debate in the House.
---------------------------------------------------------------------------
10. 81 Cong. Rec. 6104, 6105, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Maury] Maverick [of Texas]: Mr. Speaker, I make the point 
    of order that the gentleman has no right to display a liquor bottle 
    in the House of Representatives.
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, this is 
    Government rum, presented to me by Secretary Ickes.
        The Speaker: [William B. Bankhead, of Alabama]: The gentleman 
    will suspend. The gentleman from Texas makes the point of order 
    that the gentleman from Pennsylvania has no right to exhibit the 
    bottle without permission of the House. The point of order is well 
    taken.
        Mr. [Charles W.] Tobey [of New Hampshire]: Mr. Speaker, a 
    parliamentary inquiry.

[[Page 480]]

        The Speaker: The gentleman will state it.
        Mr. Tobey: The Speaker called the attention of the gentleman 
    from Texas to the fact that the gentleman had a bottle of liquor.
        How does the Speaker know it is liquor, sir?
        The Speaker: That is a question of which the House cannot take 
    judicial notice. The point of order is well taken.
        The Chair will submit it to the House, if the gentleman insists 
    on displaying the exhibit.
        Mr. Maverick: I insist on the point of order, Mr. Speaker.
        The Speaker: As many as are in favor of granting the gentleman 
    from Pennsylvania the right to exhibit the bottle which he now 
    holds in his hand will say ``aye'' and those opposed will say 
    ``no.''
        The vote was taken and the Speaker announced that the ayes have 
    it, and the permission is granted.

Answering Parliamentary Inquiries

Sec. 4.11 The Speaker normally declines to answer parliamentary 
    inquiries that are improperly addressed to him.

    On Apr. 11, 1935,(11) a parliamentary inquiry was 
addressed to Speaker Joseph W. Byrns, of Tennessee:
---------------------------------------------------------------------------
11. 79 Cong. Rec. 5457, 5458, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Joseph P.] Monaghan [of Montana]: Mr. Speaker
        The Speaker: For what purpose does the gentleman from Montana 
    rise?
        Mr. Monaghan: For the purpose of submitting a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Monaghan: Is not the statement that was made by the 
    gentleman from Oregon [Mr. Mott] correct, that if this rule passes, 
    then only one particular plan, the plan that we now have under 
    discussion, may be passed upon by the Congress,
        The Speaker: The Chair is not in position to answer that 
    parliamentary inquiry. That is a matter which will come up 
    subsequently under the rules of the House. The Chair would not seek 
    to anticipate what the Chairman of the Committee of the Whole may 
    rule or what the Committee itself may do. The Chair feels very 
    certain that the Chairman of the Committee will he governed, as all 
    chairmen of committees are, by the rules and precedents of the 
    House. Certainly the Chair would not anticipate his ruling; and in 
    addition to this, the Chair cannot pass upon any particular 
    amendment until it has been presented in all its phases.

Sec. 4.12 The Chair has declined to answer a parliamentary inquiry in 
    the midst of a demand that certain words be taken down.

    On Oct. 31, 1963,(12) a Member made some remarks which 
became the subject of a request that they may be taken down.
---------------------------------------------------------------------------
12. 109 Cong. Rec. 20742, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: [John W. McCormack, of Massachusetts]: Under 
    previous

[[Page 481]]

    order of the House, the gentleman from Texas [Mr. Foreman] is 
    recognized for 60 minutes.
        Mr. [Edgar Franklin] Foreman: Mr. Speaker, Mr. Bernard Baruch 
    once said:

            Every man has a right to his opinion but no man has a right 
        to be wrong in his facts.

        My purpose today is to set the facts straight to clarify and 
    briefly discuss a seemingly very interesting and disturbing subject 
    for some colleagues at least of a recent news article by a 
    Washington news correspondent employed by the Scripps-Howard 
    newspapers. . . . I was surprised to see the story written by their 
    dedicated Washington correspondent, Mr. Seth Kantor, last week, 
    because I was quoted as calling 20 of my colleagues in this body 
    ``pinkos.'' Apparently in his zeal to write a colorful and 
    controversial front page story, at the time when congressional news 
    was very meager, this enterprising correspondent decided to do some 
    name calling for me.
        ``Pinkos'' seems to be a very popular and controversial name, 
    so he wrote a story, ``Foreman Labels 20 Colleagues Pinkos.'' The 
    fact of the matter is, to set the record straight, I have only 
    referred to one Member of this body as a ``pinko.'' On Friday, 
    October 18, 1963----
        Mr [John J.] Rooney [of New York]: Mr. Speaker, I demand the 
    gentleman's words be taken down.
        The Speaker: The gentleman will suspend. The demand has been 
    made that the gentleman's words be taken down.
        Mr. [Bruce R.] Alger [of Texas]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The Chair cannot entertain that at this time.

Sec. 4.13 The Speaker does not entertain hypothetical questions.

    On Sept. 14, 1944,(13) a parliamentary inquiry was 
addressed to Speaker pro tempore Orville Zimmerman, of Missouri:
---------------------------------------------------------------------------
13. 90 Cong. Rec. 7772, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore:: The gentleman will state it.
        Mr. Hoffman: I gathered from statements which were made on the 
    floor today that a statement going back as far as 1920 and 
    containing information as to the amounts of money requested by the 
    military establishments of the Government, as to the amounts that 
    had been recommended by the executive department, and as to the 
    amounts finally appropriated by Congress, had been sent to the 
    Committee on Appropriations, but for some 2 years it had been in 
    the safe over there, inaccessible to Members of the House. By what 
    authority or what rule of Congress or what rule governing 
    committees was that suppressed?
        The Speaker Pro Tempore (Mr. Zimmerman): The present occupant 
    of the chair has no knowledge of any such facts, and therefore is 
    not in a position to answer the gentleman's inquiry.
        Mr. Hoffman: Does the Chair mean he does not have any knowledge 
    that that is true?

[[Page 482]]

        The Speaker Pro Tempore: The Chair has no knowledge of that, 
    except that somebody has said it is true, according to the 
    gentleman's statement.
        Mr. Hoffman: Submitting that then as a hypothetical question.
        The Speaker Pro Tempore: The Chair does not entertain a 
    hypothetical question. . . .

Sec. 4.14 The Speaker normally avoids answering parliamentary inquiries 
    based upon hypothetical facts or future events which are not 
    certain of happening.

    On Mar. 1, 1967,(14) a parliamentary inquiry was 
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
14. 113 Cong. Rec. 4997, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Speaker, in 
    view of the fact that I am limited to one inquiry, that one inquiry 
    will of necessity be rather long.
        Am I correct in assuming that under the rules in debating House 
    Resolution 278 that now, since the time has been extended an 
    additional hour by unanimous consent over and beyond what the rules 
    of the House provide for, that the gentleman from New York [Mr. 
    Celler] will control the time for the 2 hours less that yielded to 
    the gentleman from West Virginia and that this time will be used 
    for no purpose except debate of House Resolution 278; that he will 
    have the option of determining whether or not amendments or 
    substitutes can be offered; that at the conclusion of this two 
    hours of debate on House Resolution 278 he will move the previous 
    question, which, if voted down, will make amendments or substitutes 
    to House Resolution 278 in order; at that time will the Speaker 
    give preference, if the previous question is voted down, to the 
    minority who oppose the resolution to control the ensuing hour, or 
    will the Chair give preference to committee members who oppose the 
    resolution regardless of which side of the aisle they sit on to 
    offer amendments or substitutes to House Resolution 278; and if 
    amendments or substitutes are offered then will there occur another 
    vote on the previous question, if the preceding previous question 
    is voted down, and what will be the order of priority in 
    recognizing some Member of the House on either side of the aisle, 
    either alternatively Democratic and Republican or alternatively 
    Republican and Democratic in determining who will control each 
    ensuing hour; and will we have the opportunity to vote on all 
    previous questions no matter how many amendments are offered as 
    long as preceding previous questions are voted down?
        The Speaker: In answering the several questions involved in the 
    statement made or in the parliamentary inquiry made by the 
    gentleman from Louisiana, the Chair will state that the Chair will 
    follow the rules of the House of Representatives as it is the duty 
    of the Chair to do, and the precedents. The question of the 
    allocation of time is a matter for the chairman of the committee, 
    one-half of the time being yielded to the gentleman from West 
    Virginia [Mr. Moore]. Both the chairman and the ranking minority 
    member

[[Page 483]]

    of the select committee control the allocation of time. The 
    question of recognition is one that the Chair will pass upon if 
    that time should arise.
        On the other questions of the gentleman from Louisiana the 
    Chair will determine them as they arise in accordance with the 
    rules of the House and the precedents.

Sec. 4.15 Although it is generally within the discretion of the Speaker 
    to construe the applicability of a House rule to a given situation, 
    where a rule explicitly calls for a decision by a House committee 
    the Speaker does not normally answer a general parliamentary 
    inquiry regarding a committee's actions or future actions 
    respecting such a decision.

    On Apr. 5, 1967,(15) a parliamentary inquiry was 
addressed to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
15. 113 Cong. Rec. 8420, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Sidney R.] Yates [of Illinois]. Mr. Speaker, a 
    parliamentary inquiry:
        The Speaker: The gentleman will state it.
        Mr. Yates: Mr. Speaker, rule XI, 26(m) of the Rules of the 
    House of Representatives states as follows:

            If the committee determines that evidence or testimony at 
        an investigative hearing may tend to defame, degrade, or 
        incriminate any person, it shall--
            (1) receive such evidence or testimony in executive 
        session;

        Mr. Speaker, my question is this: If the committee determines 
    that the evidence it is about to receive may tend to defame, 
    degrade or incriminate a witness, is it not compulsory under the 
    Rules of the House for the committee to hold such hearings in 
    executive session?
        The Speaker: The Chair will state that that is a matter which 
    would be in the control of the committee for committee action.
        Mr. Yates: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Yates: I must say that I do not understand the ruling. Is 
    the Chair ruling that a committee can waive this rule? That it can 
    refuse to recognize this rule?
        The Speaker: The Chair would not want to pass upon a general 
    parliamentary inquiry, as distinguished from a particular one with 
    facts, but the Chair is of the opinion that if the committee voted 
    to make public the testimony taken in executive session, it is not 
    in violation of the rule, and certainly that would be a committee 
    matter.

Sec. 4.16 Although it is considered within the discretion of the Chair 
    to respond to a parliamentary inquiry concerning an amendment, it 
    is not considered proper for him to do so before the amendment is 
    offered.

[[Page 484]]

    On June 28, 1967,(16~) a parliamentary inquiry was 
addressed to the Chairman of the Committee of the Whole, John J. Flynt, 
Jr., of Georgia:
---------------------------------------------------------------------------
16. 113 Cong. Rec. 17754, 17755 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Joseph E.] Karth [of Minnesota]: Mr. Chairman, if that 
    figure cannot be further amended, and the gentleman chooses to 
    pursue his amendment, and change the figure on page 2, would it 
    then be a proper amendment?
        The Chairman: The Chair does not pass on that until an 
    amendment described by the gentleman from Minnesota is offered.
        The gentleman's parliamentary inquiry is premature. It cannot 
    be made until such an amendment is offered.

Sec. 4.17 Whether a proposition will be subject to a roll call vote at 
    a future time is a matter for the House, and not the Speaker, to 
    decide.

    On June 29, 1961,(17) a Member introduced a resolution 
which became the subject of two parliamentary inquiries when he 
withdrew it.
---------------------------------------------------------------------------
17. 107 Cong. Rec. 11799, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Samuel W.] Friedel [of Maryland]: Mr. Speaker, I withdraw 
    the resolution.
        Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: [Sam Rayburn, of Texas]: The gentleman will state 
    it.
        Mr. Gross: Is is not necessary to ask unanimous consent to 
    withdraw the resolution?
        The Speaker: It is, but the Chair did not think anyone would 
    object to that unanimous consent request.
        Mr. Gross: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Gross: Will this resolution be subject to a rollcall vote 
    when it is called up again?
        The Speaker: That would be up to the House to decide.

When Rulings Would Be Improper

Sec. 4.18 The Chair does not rule on the constitutionality of measures.

    On Oct. 7, 1966,(18) the Chairman of the Committee of 
the Whole ruled on a point of order as follows:
---------------------------------------------------------------------------
18. 112 Cong. Rec. 25677, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman (Mr. [Charles Melvin] Price [of Illinois]): The 
    Chair is ready to rule.
        The gentleman from Virginia [Mr. Smith] raises a point of order 
    against the amendment as to the constitutionality and the 
    germaneness of the amendment. The Chair holds that the amendment is 
    germane because it provides a different condition in the matter of 
    agreement to the compact.
        As to the question of constitutionality, the Chair holds that 
    the

[[Page 485]]

    Chair does not pass upon a constitutional question and this is in 
    keeping with the ruling made by the gentleman from Virginia [Mr. 
    Smith] on March 11, 1958.
        Therefore, the point of order is overruled.

Sec. 4.19 The Chair does not pass on the effect of an amendment. . . .

    On June 23, 1960,(19) Mr. Herman C. Anderson, of 
Minnesota, sought a determination from the Chair as to whether an 
amendment, if adopted, would ``undo'' the work of the previous day. 
Chairman Frank N. Ikard, of Texas, in the exchange below, declined to 
rule on the effect of the amendment:
---------------------------------------------------------------------------
19. 106 Cong. Rec. 14062, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Anderson of Minnesota: Mr. Chairman, a point of order.
        The Chairman: The gentleman will state it.
        Mr. Anderson of Minnesota: Is the gentleman's amendment in 
    order at this point after the substitute for the Quie amendment has 
    been adopted?
        The Chairman: It is.
        Mr. Annderson of Minnesota: And its effect would be to undo 
    everything that we did yesterday?
        The Chairman: The Chair does not pass on the effect of 
    amendments. . . .

Sec. 4.20 Although the Chair may rule on the germaneness of an 
    amendment to a bill, he does not rule on the merits of the 
    amendment or bill.

    On May 19, 1948,(1) a point of order was raised against 
an amendment being considered by the Committee of the Whole:
---------------------------------------------------------------------------
 1. 94 Cong. Rec. 6140, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Karl E.] Mundt [of South Dakota]: Mr. Chairman, I make the 
    point of order against the amendment that it is not germane to the 
    pending bill. . . .
        The Chairman [James W. Wadsworth, Jr., of New York]: . . . The 
    Chair is ready to rule.
        The Chair would remind the gentleman . . . that [the Chair's] 
    function is not to pass upon the merits of an amendment nor to pass 
    upon the merits of the bill which the gentleman says has already 
    passed the House. The Chair may personally find himself in complete 
    agreement with the objective sought by the legislation. . . . but 
    the legislation to which he refers, as the Chair understands, has 
    to do with the immigration and naturalization laws of the United 
    States. This bill pending before the Committee of the Whole does 
    not approach that subject. . . . It comes from the Committee on 
    UnAmerican Activities. That committee has no jurisdiction over 
    legislation having to do with immigration and naturalization laws. 
    Therefore, the Chair holds that the amendment is not germane.

Sec. 4.21 The Speaker does not rule on the purpose of a

[[Page 486]]

     recommended committee amendment to a bill.

    On Apr. 1, 1935,(2) a point of order was raised against 
an amendment being considered by the House:
---------------------------------------------------------------------------
 2. 79 CONG. REC. 4781, 4782 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Malcolm C.] Tarver [of Georgia] (interrupting the reading 
    of the committee amendment): Mr. Speaker, I desire to make a point 
    of order against the first committee amendment, which is to strike 
    out all of section 1 after the enacting clause and insert certain 
    language. The language which is proposed be inserted is identical 
    with the language of section 1 now in the bill. The proposal of the 
    committee amendment is simply to strike out existing language and 
    then reinsert identical language.
        The Speaker: [Joseph W. Byrns, of Tennessee]: The Chair cannot 
    pass on that. The Chair will say to the gentleman from Georgia that 
    is a matter for the House to determine. The Chair cannot enter into 
    the purpose of the committee in proposing the amendment, since that 
    is not within the province of the Chair. The Chair will suggest to 
    the gentleman from Georgia that the remedy that occurs to the Chair 
    is for the House to vote down the committee amendment and pass the 
    bill as originally introduced.

Sec. 4.22 The Chair does not rule on the sufficiency, insufficiency, 
    legal effect, or binding nature of a committee report.

    On Apr. 14, 1955,(3) a question regarding a committee 
report was raised during debate in the Committee of the Whole:
---------------------------------------------------------------------------
 3. 101 Cong. Rec. 4463, 4464, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert C.] Wilson of California: I have a question 
    relative to the United States Information Agency as it affects the 
    report of the committee. . . .

        I am wondering if the fact that these limitations appear in the 
    report make them actual limitations in law. [ notice they are not 
    mentioned in the bill itself, and I wonder if the committee regards 
    them as binding on the agency, because there are many serious 
    limitations, particularly in regard to exhibits, for example. I 
    would just like to hear the opinion of the chairman.
        Mr. [John J.] Rodney [of New York]: I may say to the gentleman 
    from California that it is expected that they will be the law; and 
    that they are binding. The fact that they have not been inserted in 
    the bill is not important. They represent the considered judgment 
    of the committee and we expect the language of the report to be 
    followed.
        Mr. Wilson of California: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman [Jere Cooper, of Tennessee]: The gentleman will 
    state it.
        Mr. Wilson of California: Are limitations written in a 
    committee report such as this, but not written into the wording of 
    the legislation, binding?
        The Chairman: That is not a parliamentary inquiry. That is a 
    matter to be settled by the members of the Committee of the Whole.

[[Page 487]]

        Mr. Wilson of California: I merely wanted it for my own 
    understanding and information, for I am fairly new here. It seems 
    to me rather unusual to consider matter written into a report of 
    the same binding effect on an administrator as though written into 
    the law itself.
        The Chairman: It is not the prerogative of the Chair to pass 
    upon the sufficiency or insufficiency of a committee report.

Sec. 4.23 The Speaker does not rule on the substantive effect of 
    extraneous material in a committee report on a bill.

    On Dec. 3, 1963,(4) a parliamentary inquiry was 
addressed to Speaker John W. McCormack, of Massachusetts, during the 
colloquy set out below after his ruling on a committee report:
---------------------------------------------------------------------------
 4. 109 Cong. Rec. 23038, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair is prepared to rule. . . .
        It is the opinion of the Chair that the report of the committee 
    complies with the Ramseyer rule, the purpose of which is to give 
    Members information in relation to any change in existing law.
        If a report includes some other references to other laws which 
    in a sense would be surplusage or unnecessary, it is the Chair's 
    opinion that the committee was attempting to give to the Members of 
    the House as full information as was possible. . . .
        Mr. [Paul] Findley [of Illinois]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Illinois 
    rise?
        Mr. Findley: To propound a parliamentary inquiry, Mr. Speaker.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Findley: I am not clear about the substantive effect of the 
    ruling of the Chair at this time. Does it mean that section 105 of 
    the 1949 act and section 330 of the 1938 act are repealed by this 
    bill?
        The Speaker: The Chair did not pass on that. The Chair simply 
    said that they were included in the report.

Sec. 4.24 The Chair does not rule on whether language contained in a 
    measure is ambiguous.

    On July 5, 1956,(5) certain points of order were raised 
concerning a pending amendment:
---------------------------------------------------------------------------
 5. 102 Cong. Rec. 11875, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Ross] Bass of Tennessee: I make the point of order that 
    the amendment is not germane to the bill.
        The Chairman [Francis E. Walter, of Pennsylvania]: It is 
    certainly germane to the amendment offered by the gentleman from 
    New York to substitute the word ``decisions'' for the word 
    ``provisions.'' The Chair so rules.
        Mr. Bass of Tennessee: Mr. Chairman, a further point of order.
        The Chairman: The gentleman will state it.
        Mr. Bass of Tennessee: I make the point of order that the word 
    ``provisions'' is ambiguous and has no mean

[[Page 488]]

    ing whatever and would make the amendment not germane.
        The Chairman: The Chair does not rule on the question of 
    ambiguity. It is a question of germaneness solely, and the Chair 
    has ruled that the amendment is germane.

Sec. 4.25 The Speaker does not rule in advance as to whether a 
    particular motion to recommit a measure with instructions might be 
    in order.

    On Dec. 19, 1963,(6) a parliamentary inquiry was 
addressed to Speaker John W. McCormack, of Massachusetts, relative to a 
motion to recommit with instructions a conference report.
---------------------------------------------------------------------------
 6. 109 Cong. Rec. 25249, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Halleck: Mr. Speaker, in the event that the conference 
    report is acted on first in the House, as we now understand it will 
    be, would a motion to recommit with instructions be in order?
        The Speaker: A proper motion would be.
        Mr. Halleck: Of course, it would have to be germane. If so, a 
    motion to recommit to insist on the wheat amendment, I take it, 
    would be in order.
        The Speaker: The Chair, of course, would pass upon any question 
    at the appropriate time.
        Mr. Halleck: I thank the Chair.

Sec. 4.26 The Chair does not rule in advance whether an announced topic 
    of speech is in order.

    On Sept. 26 (legislative day, Sept. 25), 1961,(7) a 
Member requested unanimous consent to address the House on a particular 
topic:
---------------------------------------------------------------------------
 7. 107 Cong. Rec. 21466, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman of Michigan: Mr. Speaker, I ask 
    unanimous consent that at the conclusion of the regularly scheduled 
    business of the House and all other special orders for today that I 
    may be permitted to proceed for 5 minutes on the topic: ``Is the 
    Congress Mentally Ill?''
        Mr. [Frank T.] Bow [of Ohio]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: [John W. McCormack, of Massachusetts]: 
    The gentleman will state it.
        Mr. Bow: Is that a proper subject for debate on the floor of 
    the House?
        Mr. Hoffman of Michigan: Mr. Speaker, I submit neither the 
    Chair nor the gentleman from Ohio [Mr. Bow], can tell until they 
    hear it.
        The Speaker Pro Tempore: The gentleman from Michigan [Mr. 
    Hoffman] asked unanimous consent that after all other special 
    orders he be permitted to address the House for 5 minutes. That is 
    the gentleman's unanimous consent request?
        Mr. Hoffman of Michigan: Yes, Mr. Speaker.

[[Page 489]]

        The Speaker Pro Tempore: What the gentleman from Michigan [Mr. 
    Hoffman] talks about is a matter for him to determine, and then a 
    matter for the Members.
        Is there objection to the request of the gentleman from 
    Michigan?
        There was no objection.

Sec. 4.27 The Chair does not construe the consequences of a ``no'' vote 
    by the House on a proposed motion.

    On Sept. 7, 1965,(8) various parliamentary inquiries 
concerning certain motions were addressed to Speaker pro tempore Carl 
Albert, of Oklahoma, as follows:
---------------------------------------------------------------------------
 8. 111 Cong. Rec. 22958, 22959, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hall: Is a highly privileged motion according to the 
    Constitution subject to a motion to table?
        The Speaker Pro Tempore: It is.
        Mr. [L. Mendel] Rivers of South Carolina: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rivers of South Carolina: Those desiring to table the 
    motion of the gentleman from Missouri will vote ``aye'' when their 
    names are called.
        The Speaker Pro Tempore: The Chair is about to state the 
    question. So many as are in favor of the motion by the gentleman 
    from South Carolina to table the motion of the gentleman from 
    Missouri will when their names are called vote ``aye'' and those 
    who are opposed will vote ``no.''
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hall: Mr. Speaker, would a ``no'' vote as just stated by 
    the Chair be tantamount to overriding the Presidential veto of the 
    military construction bill?
        The Speaker Pro Tempore: The Chair cannot make such 
    construction on a motion.

Sec. 4.28 The Chair does not construe the result of a vote.

    On Sept. 13, 1961,(9~) questions regarding a future vote 
were addressed to Speaker pro tempore John W. McCormack, of 
Massachusetts.
---------------------------------------------------------------------------
 9. 107 Cong. Rec. 19206, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [William C.] Cramer [of Florida]: Is it true, Mr. Speaker, 
    that if this motion is voted upon favorably, there will be no 
    opportunity on the part of the House whatsoever to consider the 
    vote fraud amendment approved in a bill----
        Mr. [John J.] Rooney [of New York]: Mr. Speaker, I submit that 
    is not a parliamentary inquiry.
        Mr. Cramer: Which is now pending before the Committee on Rules?
        The Speaker Pro Tempore: The Chair has stated before that he 
    has his own personal opinion. The Chair cannot construe the result 
    of the vote.

[[Page 490]]

Challenge of Conference Report

Sec. 4.29 The Speaker may not impeach the names of conferees who have 
    signed a conference report on a bill when the report has been 
    challenged as being invalid for an alleged failure of the conferees 
    to meet.

    On June 19, 1948,(10) a point of order was raised 
regarding a conference report.
---------------------------------------------------------------------------
10. 94 Cong. Rec. 9268, 9269, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, I make a 
    point of order, and I ask the indulgence of the Speaker so that I 
    may argue the point.
        The Speaker: [Joseph W. Martin, Jr., of Massachusetts]: The 
    Chair will hear the gentleman.
        Mr. Marcantonio: Mr. Speaker, I make the point of order that 
    the document which has just been presented is not the report of any 
    conference. It is not the product of a full and free conference as 
    required in Jefferson's Manual. I make my point of order based on 
    the proposition that there has never been a valid conference--
    specifically, that there has never been a valid meeting on the part 
    of the managers on the part of the House. . . .
        The Speaker: The Chair is ready to rule.
        On page 770, volume 5, of Hinds' Precedents, section 6497 
    states:

            A conference report is received if signed by a majority of 
        the managers of each House.

        The Chair has examined the report and the papers and finds that 
    it is signed by five of the managers on the part of the Senate and 
    six of the seven managers on the part of the House.
        The Chair has no knowledge, of course, how this report was 
    reached, but the Chair cannot impeach the names of the managers on 
    the part of the two Houses. Furthermore, the Senate having already 
    received the report, and according to a message heretofore received 
    by the House has officially adopted it, the Chair feels that under 
    the circumstances the report is properly before the House for such 
    action as the House may see fit to take. The Chair overrules the 
    point of order.

When Recognition Required

Sec. 4.30 The Speaker is constrained to recognize on Calendar 
    Wednesdays any Member properly proposing a motion to dispense with 
    Calendar Wednesday business.

    On June 5, 1946,(~11) a motion was made to dispense with 
Calendar Wednesday business.
---------------------------------------------------------------------------
11. 92 Cong. Rec. 6357, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, that motion 
    is not in order. To dispense with Calendar Wednesday requires the 
    unanimous consent of the House. . . .
        The Speaker: [Sam Rayburn, of Texas]: The Chair will state that 
    the following was held by Speaker Gillette, who has been quoted 
    today, as follows:

[[Page 491]]

            The Speaker is constrained to recognize on Wednesdays any 
        Member proposing a motion to dispense with further proceedings 
        in order on that day.

        The motion is in order, but it takes a two-thirds vote to pass 
    it.

Sec. 4.31 Although the Speaker has the discretion to choose between 
    Members seeking recognition,(12) he is obliged to 
    recognize for a privileged motion when the proponent has the floor 
    and no other motion of higher privilege is pending or 
    offered.(13)
---------------------------------------------------------------------------
12. Recognizing for debate, see Ch. 29, infra.
13. Motions generally, see Ch. 23, infra.
---------------------------------------------------------------------------

Sec. 4.32 Although the Speaker has discretion to recognize, or not, a 
    Member under most circumstances, he may not refuse to recognize a 
    Member having the floor for a motion to adjourn.

    On Mar. 16, 1945,(14) a motion to recommit a bill was 
made. Votes were taken and a quorum found not to be present. This led 
to a call for adjournment.
---------------------------------------------------------------------------
14. 91 Cong. Rec. 2379, 2380, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: [Sam Rayburn, of Texas]: The gentleman will state 
    it.
        Mr. Hoffman: What is the regular order now?
        The Speaker: The regular order is to see if a quorum develops.
        Mr. Hoffman: Is it in order to adjourn?
        The Speaker: That motion is always in order in the House.
        Mr. Hoffman: If there is not a quorum, Mr. Speaker, I move we 
    adjourn.
        The Speaker: Will the gentleman withhold that for a moment?
        The Hoffman: If the Chair is refusing recognition, I will.
        The Speaker: The Chair cannot do that.

    The House then agreed to a motion, offered by Mr. John W. 
McCormack, of Massachusetts, to adjourn.

Sec. 4.33. Inasmuch as Members of the Senate may not address the House 
    unless the House rules are changed by proper procedure, the Speaker 
    has declined to recognize a Member for the purpose of asking 
    unanimous consent for the consideration of a resolution to allow 
    Senators to address the House.

    On Oct. 11, 1943,(15) Members discussed the desirability 
of inviting certain Senators to address the House.
---------------------------------------------------------------------------
15. 89 Cong. Rec. 8197, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mrs. [Edith Nourse] Rogers of Massachusetts: Mr. Speaker, on 
    Thurs

[[Page 492]]

    day last I, with several others, called attention to the importance 
    of having the five Senators who have just returned from the far-
    flung battle fronts give the Members of the House their findings 
    regarding conditions on the battle fronts. I understand there is 
    some objection to having them appear in the House Chamber. I hope 
    the gentleman from Mississippi and some of the other Members will 
    join in asking them to appear in the Caucus Room. Then we can all 
    have the benefit of their valuable information. It does not matter 
    where we hear their testimony so long as we hear it.
        Mr. [John E.] Rankin [of Mississippi]: If the gentlewoman will 
    yield, let me say that these are Members of the United States 
    Senate. They have the privilege of the floor. We have a perfect 
    right to invite them here to address the Members of the House in 
    secret session. We want them to come here and give us the benefit 
    of the information they have garnered in their trip to the various 
    battle fronts of the world.
        Mrs. Rogers of Massachusetts: Has the gentleman consulted the 
    Speaker and leaders about it?
        Mr. Rankin: I have, and I think that when the resolution is 
    offered they will agree that this is the place to have them.
        The Speaker: [Sam Rayburn, of Texas]: The Chair thinks it is 
    time for the Chair to make a statement, because this matter was 
    discussed with the Chair by the gentlewoman from Massachusetts 
    [Mrs. Rogers], last week, and the gentleman from Mississippi [Mr. 
    Rankin], over the phone.
        The Chair does not intend to recognize a Member to ask 
    unanimous consent for the present consideration of a resolution 
    inviting Senators to address the House in open or executive 
    session, because the Chair thinks that is tantamount to an 
    amendment to the rules of the House and, therefore, is a matter for 
    the House to determine. If resolutions like that are introduced, 
    they will be sent to the proper committee.

Authority to Declare Recess

Sec. 4.34 The Speaker, under normal circumstances, must be authorized 
    by the House to declare recesses.(16)
---------------------------------------------------------------------------
16. Compare Sec. 3.44, supra, as to the Speaker's inherent power to 
        declare a recess in an emergency.
---------------------------------------------------------------------------

    On Oct. 3, 1964,(17) for example, unanimous consent was 
requested and received to authorize Speaker John W. McCormack, of 
Massachusetts, to declare recesses, subject to the call of the Chair, 
during the remainder of the day.
---------------------------------------------------------------------------
17. 110 Cong. Rec. 23955, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 4.35 Authority conferred upon the Speaker to declare recesses of 
    the House may be vacated by unanimous consent.

    On Sept. 8, 1969,(l8) unanimous consent was requested to 
vacate previous authorization for Speaker John W. McCormack, of Massa

[[Page 493]]

chusetts, to declare  recess on a certain day.
---------------------------------------------------------------------------
18. 115 Cong. Rec. 24653, 91st Cong 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that the authority for the Speaker to declare a recess on 
    September 10 be vacated.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.
        Mr. Albert: Mr. Speaker, I also ask unanimous consent that it 
    may be in order for the Speaker to declare a recess at any time on 
    September 16 for the purpose of receiving in joint meeting the 
    Apollo 11 astronauts.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.(19)
---------------------------------------------------------------------------
19. Parliamentarian's Note: The authorization to declare the recess was 
        vacated due to the death of Senator Everett Dirksen.
---------------------------------------------------------------------------

Authority to Sign Bills and Resolutions

Sec. 4.36 The Speaker must be formally authorized to sign a duplicate 
    copy of an enrolled bill.

    On May 27, 1938,(20) a unanimous-consent request was 
made as follows:
---------------------------------------------------------------------------
20. 83 Cong. Rec. 7637, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I ask unanimous 
    consent for the present consideration of Senate Concurrent 
    Resolution No. 37. 
        The Clerk read the concurrent resolution, as follows:

                      Senate Concurrent Resolution 37

            Resolved by the Senate (the House of Representatives 
        concurring), That the Speaker of the House of Representatives 
        and the President of the Senate be, and they are hereby, 
        authorized to sign a duplicate copy of the enrolled bill (S. 
        3532) entitled ``An act to extend the times for commencing and 
        completing the construction of a bridge across the Missouri 
        River at or near Randolph, Mo.,'' and that the Secretary of the 
        Senate be, and he is hereby, directed to transmit the same to 
        the President of the United States.

        The Speaker [William B. Bankhead, of Alabama]: Is there 
    objection to the request of the gentleman from Texas?
        Mr. [Carl E.] Mapes [of Michigan]: Mr. Speaker, reserving the 
    right to object, will the gentleman from Texas explain the purpose 
    of this resolution?
        Mr. Rayburn: Mr. Speaker, the situation is that before this 
    bill got to the President for his signature it was misplaced or 
    lost. This is a resolution to allow the President to sign a 
    duplicate.
        The Speaker: Is there objection to the request of the gentleman 
    from Texas?
        There was no objection.

Sec. 4.37 The Speaker must be formally authorized by the House to sign 
    enrolled bills and joint resolutions during a sine die adjournment 
    of the Congress.

[[Page 494]]

    On Oct. 14, 1968,(11) a resolution was offered by Mr. 
Carl Albert, of Oklahoma, as follows:
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 31313, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, I call up Senate Concurrent Resolution 
    82 and ask for its present consideration.
        The Clerk read the Senate concurrent resolution, as follows:

                              S. Con. Res. 82

            Resolved by the Senate (the House of Representatives 
        concurring), That, notwithstanding the sine die adjournment of 
        the two Houses, the Speaker of the House of Representatives and 
        the President of the Senate, the President pro tempore, or the 
        Acting President pro tempore be, and they are hereby, 
        authorized to sign enrolled bills and joint resolutions duly 
        passed by the two Houses and found truly enrolled.

    The Senate concurrent resolution was concurred in.

Sec. 4.38 The Speaker is normally authorized by unanimous consent to 
    sign enrolled bills and joint resolutions during any adjournment of 
    the House.

    On Aug. 10, 1961,(2) a unanimous consent request was 
made as follows:
---------------------------------------------------------------------------
 2. 107 Cong. Rec. 15320, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I ask 
    unanimous consent that notwithstanding any adjournment of the House 
    during the present session of the 87th Congress, the Clerk be 
    authorized to receive messages from the Senate and that the Speaker 
    be authorized to sign any enrolled bills and joint resolutions duly 
    passed by the two Houses and found truly enrolled.
        Mr. [Harold R.] Gross [of Iowa]: Mr. Speaker, reserving the 
    right to object, are we going to enter into some recesses or 
    adjournments of the House?
        Mr. McCormack: For example, such as adjourning from Friday to 
    Monday.
        Mr. Gross: That is all the gentleman has in mind?
        Mr. McCormack: That is all. . . .
        The Speaker: [Sam Rayburn, of Texas]: Is there objection to the 
    request of the gentleman from Massachusetts?
        There was no objection.

Sec. 4.39 Although it is within the authority of the Speaker to sign 
    enrolled bills, by concurrent resolution the Congress may rescind 
    the Speaker's signature.

    On July 1, 1947,(3) a resolution was introduced as 
follows:
---------------------------------------------------------------------------
 3. 93 Cong. Rec. 8012, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Everett M.] Dirksen [of Illinois]: Mr. Speaker, I ask 
    unanimous consent to take from the Speaker's table Senate 
    Concurrent Resolution 22. . . .
        The Clerk read the concurrent resolution, as follows:

            Resolved by the Senate (the House of Representatives 
        concurring), That

[[Page 495]]

        the President of the United States be, and he is hereby, 
        requested to return to the House of Representatives the 
        enrolled bill (H.R. 493) to amend section 4 of the act entitled 
        ``An act to control the possession, sale, transfer, and use of 
        pistols and other dangerous weapons in the District of 
        Columbia,'' approved July 8, 1932 (sec. 22, 3204 D.C. Code, 
        1940 ed.): that if and when the said bill is returned by the 
        President, the action of the Presiding Officer of the two 
        Houses in signing the said bill be deemed to be rescinded; and 
        that the House engrossed bill be returned to the Senate.

        The Speaker [Joseph W. Martin, Jr., of Massachusetts]: Is there 
    objection to the request of the gentleman from Illinois?
        There was no objection.
        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 4.40 Although it is within the authority of the Speaker to sign 
    enrolled bills of the House, the House may agree to a Senate 
    resolution requesting that the Speaker's signature be rescinded.

    On July 30, 1942,(4) Speaker pro tempore Alfred L. 
Bulwinkle, of North Carolina, laid before the House a Senate 
resolution:
---------------------------------------------------------------------------
 4. 88 Cong. Rec. 6713, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That the Secretary be directed to request the 
        House of Representatives to rescind the action of the Speaker 
        in signing the enrolled bill (H.R. 7297) entitled ``An act 
        authorizing the assignment of personnel from departments or 
        agencies in the executive branch of the Government to certain 
        investigating committees of the Senate and House of 
        Representatives, and for other purposes,'' and that the House 
        of Representatives be further requested to return the above-
        numbered engrossed bill to the Senate.

        The Speaker Pro Tempore: Without objection, it is so ordered.
        There was no objection.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 5. Participation in Debate and Voting

    The Speaker is entitled as a Member of the House to participate in 
debate.(5) Accordingly, when the Speaker desires to be heard 
in debate on a matter he may speak from the floor, whether debate is in 
the House(6) or in the Committee of the Whole.(7) 
Occasionally the Speaker will speak in debate from the 
Chair.(8~)
---------------------------------------------------------------------------
 5. House Rules and Manual Sec. 751 (1973).
 6. See Sec. Sec. 5.1, 5.2, infra.
 7. See Sec. 5.3, infra.
 8. See Ch. 29, infra, for fuller treatment of the Speaker's 
        participation in debate.
---------------------------------------------------------------------------

    Under the House rules(~9~) the Speaker may, but is not 
required, to vote on matters except where (1) his vote would be 
decisive, or

[[Page 496]]

(2) where the House is engaged in voting by ballot.(10) 
Measures decided by a tie vote are lost.(11)
---------------------------------------------------------------------------
 9. Rule I clause 6, House Rules and Manual Sec. 632 (1973).
10. Parliamentarian's Note: Voting by ballot in the House is rarely 
        used and is not to be confused with voting by electronic 
        device. See Rules I clause 5, Sec. 630 (electronic device), and 
        XXXVIII Sec. 934 (ballot), House Rules and Manual (1973).
11. Sec Ch. 30, infra, for fuller treatment of the Speaker's 
        participation in voting.
---------------------------------------------------------------------------

    The Speaker has voted, for example: in order to make a quorum of 
the House;(12~) on a yea and nay roll call 
vote;(13) on a roll call vote to make a tie;(14~) 
and on a division vote to break a tie.(15) The Speaker may 
vote on a teller vote to make a tie(16) and in doing so he 
need not pass through the tellers to have his vote 
counted.(17)
---------------------------------------------------------------------------
12. See Sec. 5.4, infra.
13. See Sec. 5.5, infra.
14. See Sec. 5.6, infra.
15. See Sec. 5.7, infra.
16. See Sec. 5.8, infra.
17. Sec  5.9, infra.                          -------------------
---------------------------------------------------------------------------

Participating in Debate

Sec. 5.1 Normally, if the Speaker wishes to participate in House 
    debate, he does so from the floor of the House.

    On Mar. 31, 1958,(18) Speaker Sam Rayburn, of Texas, 
participated in a debate on the floor of the House when a Member 
yielded to him. The Speaker commended the work of a particular 
subcommittee and congratulated the members thereof.
---------------------------------------------------------------------------
18. 104 Cong. Rec. 5854, 5855, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

    On Aug. 27, 1959,(9) Speaker Rayburn participated in a 
debate in the House on the House floor. He took the occasion to express 
his views on the reconstruction of the east front of the Capitol.
---------------------------------------------------------------------------
19. 105 Cong. Rec. 17237, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 5.2 The Speaker may eulogize a deceased Member from the House 
    floor.

    On Jan. 16, 1962,(20) Speaker John W. McCormack, of 
Massachusetts, took the floor to eulogize a deceased Member, Louis 
Rabaut, of Michigan.
---------------------------------------------------------------------------
20. 106 Cong. Rec. 285, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 5.3 If the Speaker desires to participate in debate in the 
    Committee of the Whole, he does so from the floor.

    On Aug. 31, 1960,(1) Speaker Sam Rayburn, of Texas, 
participated in debate in the Committee of the Whole from the floor. 
The debate concerned a bill [H.R. 13021] to provide financial assist

[[Page 497]]

ance to certain South American countries for reconstruction and 
development.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 18734, 18735, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

Participation in Voting

Sec. 5.4 The Speaker may vote in order to make a quorum of the House.

    On Nov. 24, 1942,(2) Speaker Sam Rayburn, of Texas, cast 
his vote to provide a quorum for purposes of voting on a motion to 
recommit.
---------------------------------------------------------------------------
 2. 88 Cong. Rec. 9116, 9117, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on agreeing to the motion to 
    recommit.

        The question was taken and on a division, there were, ayes 15, 
    noes 70.
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, I object 
    to the vote upon the ground that there is no quorum present.
        The Speaker: Evidently there is no quorum present. The Clerk 
    will call the roll. The question is on agreeing to the motion to 
    recommit.
        The question was taken; and there were--yeas 31, nays 184, not 
    voting,(3) 214. . . .
---------------------------------------------------------------------------
 3. Parliamentarian's Note: Six vacancies existed in the House at the 
        time this vote was taken; and 215 Members were needed to make a 
        quorum.
---------------------------------------------------------------------------

        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. Rayburn and he answered 
    ``no.''
        So the motion to recommit was rejected.

Sec. 5.5 The Speaker may vote on a yea and nay roll call vote.

    On June 30, 1939,(4~) Speaker William B. Bankhead, of 
Alabama, voted as shown below on a yea and nay roll call vote involving 
a motion to recommit.
---------------------------------------------------------------------------
 4. 84 Cong. Rec. 8512, 8513, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on the motion to recommit.
        The question was taken; and on a division (demanded by Mr. 
    Fish) there were--ayes 179, noes 185.
        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, I ask for 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 194, nays 196, 
    answered ``present'' 1, not voting 40. . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. Bankhead, and he answered 
    ``nay.''
        So the motion to recommit was rejected.

Sec. 5.6 The Speaker may vote on a roll call vote to make a tie.

    On May 3, 1946,(5) Speaker Sam Rayburn, of Texas, on a 
roll call voted to make a tie and thus reject the question being 
considered.
---------------------------------------------------------------------------
 5. 92 Cong. Rec. 4434, 4435, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 5.7 The Speaker may vote on a division vote to break a tie vote of 
    the House.

[[Page 498]]

    On July 15, 1937,(6~) Speaker William B. Bankhead, of 
Alabama, cast the deciding vote on a motion to recede and concur:
---------------------------------------------------------------------------
 6. 81 Cong. Rec. 7197, 7198, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on the motion of the gentleman 
    from Nevada that the House recede and concur [in a Senate 
    amendment].
        Mr. [Abe] Murdock of Utah: Mr. Speaker, I demand a division of 
    that question
        The Speaker: The gentleman is entitled to a division of the 
    question. The question is whether the House shall recede from its 
    disagreement to the Senate amendment. . . .
        The question was taken; and on a division (demanded by Mr. 
    Rich) there were--ayes 58, noes 58.
        The Speaker: The Chair votes ``aye.''

Sec. 5.8 The Chair may vote on a teller vote to make a tie.

    On Aug. 1, 1966,(7) in the Committee of the Whole, an 
amendment was offered and a vote taken on it, as follows:
---------------------------------------------------------------------------
 7. 112 Cong. Rec. 17760, 17761, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Richard H.] Poff [of Virginia]: Mr. Chairman, I offer an 
    amendment.
        The Chairman [Richard Bolling, of Missouri]: The question is on 
    the amendment offered by the gentleman from Virginia [Mr. Poff].
        The question was taken; and on a division (demanded by Mr. 
    Celler) there were--ayes 51, noes 44.
        Mr. [Emanuel] Celler [of New York]: Mr. Chairman, I demand 
    tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Poff and Mr. Celler.
        The Committee again divided, and the tellers reported that 
    there were-- ayes 84, noes 83.
        The Chairman [Mr. Bolling]: The Chair votes ``no.''
        So the amendment was rejected.

Sec. 5.9 The Chair may count himself to make or break a tie on a teller 
    vote without passing through the tellers.

    On Sept. 21, 1965,(8~) a teller vote was demanded and 
taken on an amendment offered in the Committee of the Whole.
---------------------------------------------------------------------------
 8. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman [Daniel D. Rostenkowski, of Illinois]: The 
    question is on the amendment offered by the gentleman from 
    Pennsylvania [Mr. Clark].
        The question was taken, and the Chairman announced that the 
    noes had it.
        Mr. [William C.] Cramer [of Florida]: Mr. Chairman, I ask for 
    tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Clark and Mr. Blatnik.
        The Committee divided.
        The Chairman: On this vote by tellers, the ayes are 100, noes 
    99.
        The Chair votes in the negative.
        So the amendment was rejected. 

[[Page 499]]





 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 6. Power of Appointment; Legislative Authority

    The Speaker derives his power of appointment from statutes, the 
House rules, and House resolutions. This section lists examples from 
each of these sources, and reviews various appointment practices under 
the House precedents.
    Examples of appointments made under statutory provisions are as 
follows.
    The Speaker appoints six members to the National Visitors 
Facilities Advisory Commission;(9) three members to the 
Advisory Commission on Intergovernmental Relations;(10) four 
members to the Presidential Joint Commission on the 
Coinage;(11) up to nine members to the North Atlantic Treaty 
Parliamentary Conference;(12) 12 members to the 24-member 
group to represent the United States at the Mexico-United States 
Interparliamentary Group;(13) one member to the National 
Historical Publications Commission;(14) three members to the 
17-member Board of Regents of the Smithsonian 
Institution;(15) six members to a 13-member board in the 
Office of Technology Assessment;(16) five members to the 10-
man Joint Committee on Congressional Operations;(17) 10 
members to the 20-member Joint Economic Committee;(18) two 
of the nine members of the Commission on Executive, Legislative, and 
Judicial Salaries;(19) and a committee to direct and control 
the operation of the House Recording Studio.(1)
---------------------------------------------------------------------------
 9. 40 USCA Sec. 822.
10. 42 USCA Sec. 4273.
11. 31 USCA Sec. 301.
12. 22 USCA Sec. 1928a.
13. 22 USCA Sec. 276h.
14. 44 USCA Sec. 2501.
15. 20 USCA Sec. Sec. 42 and 43.
16. 2 USCA Sec. 473.
17. 2 USCA Sec. 411.
18. 15 USCA Sec. 1024.
19. 2 USCA Sec. 352.
 1. 2 USCA Sec. 123b.
---------------------------------------------------------------------------

    The Speaker appoints a Legislative Counsel for the 
House(2) and approves the appointment by the Legislative 
Counsel of assistants and other employees.(3)
---------------------------------------------------------------------------
 2. 2 USCA Sec. 282.
 3. 2 USCA Sec. 282a.
---------------------------------------------------------------------------

    The Speaker must also approve the appointment of librarians for the 
library of the House of Representatives.(4)
---------------------------------------------------------------------------
 4. 2 USCA Sec. 153.
---------------------------------------------------------------------------

    The Speaker is a member of and appoints two Members to the House 
Office Building Commission.(5~)
---------------------------------------------------------------------------
 5. 40 USCA Sec. 175. See Ch. 4, supra, for treatment of the House 
        Office Buildings.
---------------------------------------------------------------------------

    The Speaker may make temporary appointments to fill vacan

[[Page 500]]

cies in the offices of the Clerk, the Sergeant at Arms, the Doorkeeper, 
the Postmaster, and the Chaplain.(6)
---------------------------------------------------------------------------
 6. 2 USC Sec. 75a-1.
---------------------------------------------------------------------------

    The Speaker has in the past appointed four of the 12-man Commission 
on the Organization of the Government for the Conduct of Foreign 
Policy;(7) two members to the nine-member National Fisheries 
Center and Aquarium Advisory Board;(8) two members to a 
fourman advisory board to the National Commission on Fire Prevention 
and Control;(9) three members to the nine-member National 
Commission on Consumer Finance;(10) five members to a 15-
member National Commission on Food Marketing;(11) and four 
members to the 15-member Commission on the Review of the National 
Policy Toward Gambling.(12)
---------------------------------------------------------------------------
 7. 22 USCA Sec. 2821. See Ch. 13, infra, for treatment of the powers 
        and prerogatives of the House vis-a-vis foreign relations 
        generally.
 8. 16 USCA Sec. 1055.
 9. 15 USCA Sec. 278f note.
10. 15 USCA Sec. 1601 note.
11. Pub. L. No. 89-20, May 15, 1965, 79 Stat. 111.
12. 18 USCA Sec. 1955 note.
---------------------------------------------------------------------------

    Under House rules, the Speaker may appoint Speakers pro 
tempore,(13) the Chairman of the Committee of the 
Whole,(14) members to select and conference 
committees,(15) tellers for vote counting,(16) 
and the official reporters of the House.(17)
---------------------------------------------------------------------------
13. Rule I clause 7, House Rules and Manual Sec. 633 (1973). See 
        Sec. Sec. 9 et seq., infra, for treatment of the Speaker pro 
        tempore, including the Speaker's power to appoint one.
14. Rule XXIII clause 1, House Rules and Manual Sec. 861 (1973). See 
        Ch. 19, infra, for treatment of the Speaker's relationship to 
        the Committee of the Whole.
15. Rule X clause 2, House Rules and Manual Sec. 671a (1973). See Ch. 
        17, infra, for fuller treatment of the Speaker's power to 
        appoint committees.
16. Rule I clause 5, House Rules and Manual Sec. 630 (1973) covers 
        regular vote-counting by tellers. See Ch. 30, infra, for 
        treatment of regular voting. For electoral college votes, see 3 
        USC Sec. 315 and U.S. Const. amend. XII.
17. Rule XXXIV clause 1, House Rules and Manual Sec. 923 (1973). See 
        Ch. 5, supra, for fuller treatment of official reporters.
            Parliamentarian's Note: Although the rule vests the power 
        of appointment of official reporters in the Speaker, under 
        statute, 2 USCA Sec. 84a, he normally exercises his power by 
        approving their employment.
---------------------------------------------------------------------------

    The manner by which the Speaker exercises his powers of appointment 
is governed by House customs and practices of long standing. Thus, 
whenever the House resolves itself into a Com

[[Page 501]]

mittee of the Whole, the Speaker will appoint a Chairman of the 
Committee.(18)  If the designated Chairman is not present 
when the House resolves itself into the Committee, the Speaker may also 
appoint a Chairman pro tempore until the designated Chairman 
arrives.(19)
---------------------------------------------------------------------------
18. See Sec. 6.1, infra.
19. See Sec. 6.2, infra.
---------------------------------------------------------------------------

    Although the House rules(20) provide that the Speaker 
may appoint members to select committees, the rules further provide 
that such appointments may be made to committees that the House may 
from time to time establish. Thus, the Speaker appoints members to such 
committees pursuant to authorization provided for by law or by action 
of the House. House authorization may be in the form of unanimous 
consent(1) or formal resolution.(2)
---------------------------------------------------------------------------
20. Rule X clause 2, House Rules and Manual Sec. 671a (1973).
 1. See Sec. 6.3, infra.
 2. See Sec. Sec. 6.4, 6.6, infra.
---------------------------------------------------------------------------

    The Speaker may make appointments to select committees 
orally,(3) and under certain circumstances, he may appoint 
the majority and minority members at different times.(4) For 
certain committees, usually ceremonial ones, the Speaker may appoint 
himself as a member of the committee.(5)
---------------------------------------------------------------------------
 3. See Sec. 6.9, infra.
 4. See Sec. Sec. 6.10, 6. 11, infra.
 5. See Sec. 6.12, infra. See Ch. 36, infra, for treatment of the 
        Speaker's role in various ceremonies.
---------------------------------------------------------------------------

    When a vacancy occurs on a select committee, the Speaker fills the 
vacancy pursuant to the original authorization to appoint the 
committee.(6)
---------------------------------------------------------------------------
 6. See Sec. 6.13, infra.
---------------------------------------------------------------------------

    The Speaker's appointment of conferees on the part of the House to 
conference committees is somewhat different from his appointment of 
select committees.(7) For instance, the manner of 
appointment of conferees and the number of members appointed is usually 
within the discretion of the Speaker.(8) But the Speaker 
must still be authorized to make appointments of conferees pursuant to 
House action.(9) And although the Speaker fills vacancies in 
conference committees without seeking new authorizations from the 
House,(10) for the Speaker to appoint additional conferees, 
additional House authorization must be given.(11)
---------------------------------------------------------------------------
 7. See Ch. 33, infra, for fuller treatment of the Speaker's role vis-
        a-vis House-Senate conferences.
 8. See Sec. 6.14, infra.
 9. For example, see illustrations under Sec. 6.16, infra.
10. See Sec. 6.16, infra.
11. See Sec. 6.18, infra.

---------------------------------------------------------------------------

[[Page 502]]

    On occasion the House will authorize the designation of certain 
House employees subject to the approval of the Speaker.(2)
---------------------------------------------------------------------------
12. See Sec. 6.26, infra.                          -------------------
---------------------------------------------------------------------------

Appointing Chairmen

Sec. 6.1 The Speaker (and the Speaker pro tempore) appoints a Chairman 
    when the House resolves itself into the Committee of the Whole.

    On July 25, 1962,(13) a motion was made for the House to 
resolve itself into the Committee of the Whole House on the state of 
the Union.
---------------------------------------------------------------------------
13. 108 Cong. Rec. 14747, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Herbert] Zelenko [of New York]: Mr. Speaker, I move that 
    the House resolve itself into the Committee of the Whole House on 
    the State of the Union for the consideration of the bill (H.R. 
    11677) to prohibit discrimination on account of sex in the payment 
    of wages by certain employers engaged in commerce or in the 
    production of goods for commerce and to provide for the restitution 
    of wages lost by employees by reason of any such discrimination.
        The motion was agreed to.

    Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
H.R. 11677, Mrs. Edna F. Kelly, of New York, having been appointed to 
preside.
    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 Union.
---------------------------------------------------------------------------
14. 110 Cong. Rec. 399, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I move that the 
    House resolve itself into the Committee of the Whole House on the 
    State of the Union for the consideration of the bill (S. 1153), to 
    amend the Federal Airport Act to extend the time for making grants 
    thereunder, and for other purposes.
        The Speaker Pro Tempore: [Carl Albert, of Oklahoma]: The 
    question is on the motion offered by the gentleman from Arkansas.
        The motion was agreed to.

    Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
S. 1153, Mrs. Leonor Kretzer Sullivan, of Missouri, having been 
appointed to preside.

Sec. 6.2 The Speaker (and the Speaker pro tempore) may appoint both a 
    Chairman and a Chairman pro tempore of the Committee of the Whole.

    On Oct. 18, 1967,(15) Speaker pro tempore Carl Albert, 
of Okla

[[Page 503]]

homa, made the following announcement:
---------------------------------------------------------------------------
15. 113 Cong. Rec. 29277, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair designates the gentleman 
    from Ohio [Mr. Vanik] as Chairman of the Committee of the Whole, 
    and requests the gentleman from Illinois [Mr. Rostenkowski] to 
    assume the chair temporarily.

Authority to Appoint

Sec. 6.3 Pursuant to authority granted him by the House, the Speaker 
    may appoint committees, commissions, and boards authorized by law 
    or by the House.

    On Aug. 24, 1935,(16) for example, a unanimous-consent 
request was made as follows:
---------------------------------------------------------------------------
16. 79 Cong. Rec. 14645, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I ask 
    unanimous consent that the Speaker may have until Wednesday next, 
    August 28, 1935, to appoint committees and commissions that have 
    been authorized by the House or by law.
        The Speaker [Joseph W. Byrns, of Tennessee]: Is there 
    objection.
        There was no objection.

    Similarly, on Aug. 21, 1937,(17) unanimous consent was 
requested and received to permit Speaker William B. Bankhead, of 
Alabama, to appoint commissions and committees authorized by law or by 
the House, notwithstanding the adjournment of the first session of the 
75th Congress.
---------------------------------------------------------------------------
17. 81 Cong. Rec. 9640, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

    Likewise, on Oct. 13, 1962,(18) a unanimous-consent 
request was made as follows:
---------------------------------------------------------------------------
18. 108 Cong. Rec. 23515, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that notwithstanding the adjournment of the 2d session of 
    the 87th Congress, the Speaker be authorized to accept 
    resignations, and to appoint commissions, boards, and committees 
    authorized by law or by the House.
        The Speaker [Sam Rayburn, of Texas]: Is there objection to the 
    request of the gentleman from Oklahoma?
        There was no objection.

Announcing Appointments

Sec. 6.4 When the House has authorized a Speaker to appoint committees, 
    boards, or commissions, the Speaker informs the House of his 
    exercise of the authority granted.

    On July 26, 1948,(19) Speaker Joseph W. Martin, Jr., of 
Massachusetts, announced his appointment of certain special committees.
---------------------------------------------------------------------------
19. 94 Cong. Rec. 9362, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker, pursuant to the authority conferred upon him by 
    House

[[Page 504]]

    Resolution 691, Eightieth Congress, and the order of the House of 
    June 19, 1948, empowering him to appoint commissions, boards, and 
    committees authorized by law or by the House, did on June 29, 1948, 
    appoint as members of the select committee to conduct a study and 
    investigation of the organization, personnel, and activities of the 
    Federal Communications Commission the following Members of the 
    House: Hon. Forest A. Harness, Indiana, chairman; Hon. Leonard W. 
    Hall, New York; Hon. Charles H. Elston, Ohio; Hon. J. Percy Priest, 
    Tennessee; Hon. Oren Harris, Arkansas. . . .

    On Jan. 3, 1956,(20) Speaker Sam Rayburn, of Texas, 
announced certain appointments he made, pursuant to authority granted, 
during an adjournment period.
---------------------------------------------------------------------------
20. 102 Cong. Rec. 5, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair lays before the House the following 
    announcement with respect to certain appointments made by the 
    Speaker subsequent to adjournment which the Clerk will read.
        The Clerk read as follows:

            The Chair desires to announce that pursuant to the order of 
        the House of August 2, 1955, empowering him to appoint 
        commissions, boards, and committees authorized by law or by the 
        House, he did, on September 1, 1955, pursuant to the provisions 
        of Public Law 742, 83d Congress, appoint as members of the 
        National Monument Commission the following members on the part 
        of the House: Mr. Smith of Virginia, Mr. Aspinall of Colorado, 
        Mr. Smith of Wisconsin, and Mr. Westland of 
        Washington.(1)
---------------------------------------------------------------------------
 1. Parliamentarian's Note: When the Speaker makes appointments during 
        a sine die adjournment pursuant to authority granted by the 
        House, he informs the House of his action at its next 
        convening.
---------------------------------------------------------------------------

    On Jan. 4, 1965,(2) Speaker John W. McCormack, of 
Massachusetts, announced appointments he made pursuant to authority 
granted during a sine die adjournment.
---------------------------------------------------------------------------
 2. 111 Cong. Rec. 25, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker:: The Chair desires to announce that pursuant to 
    the order of the House of October 3, 1964, empowering him to accept 
    resignations and to appoint commissions, boards, and committees 
    authorized by law or by the House, he did, on November 18, 1964, 
    pursuant to the provisions of section 3, Public Law 88-630, appoint 
    as members of the Lewis and Clark Trail Commission the following 
    Members on the part of the House: Mr. Morris, of New Mexico; Mr. 
    Rivers, of Alaska; Mr. Berry, of South Dakota; Mr. Skubitz, of 
    Kansas.

Sec. 6.5 When a former Speaker has made appointments pursuant to 
    authority granted him during a sine die adjournment of the House, 
    the new Speaker informs the House of such actions.

    On Jan. 3, 1947,(3) Speaker Joseph W. Martin, Jr., of 
Massachusetts, laid before the House a com

[[Page 505]]

munication from the previous Speaker, Sam Rayburn, of Texas, in which 
Mr. Rayburn indicated that, subsequent to a sine die adjournment of the 
House during the second session of the 79th Congress, and pursuant to 
authority granted him by the House, he had made certain appointments:
---------------------------------------------------------------------------
 3. 93 Cong. Rec. 39, 80th Cong. 1st Sess.

                                                  January 3, 1947.
        The Speaker,
        House of Representatives, United States,
        Washington, D.C.

            Dear Mr. Speaker: I desire to inform the House of 
        Representatives that subsequent to the sine die adjournment of 
        the Seventy-ninth Congress and pursuant to the provisions of 
        Public Law 711 and the order of the House of August 2, 1946, 
        empowering the Speaker to appoint commissions and committees 
        authorized by law or by the House, I did, as Speaker of the 
        Seventy-ninth Congress, on September 6, 1946, appoint Hon. 
        Michael J. Bradley as a member of the Philadelphia National 
        Shrines Park Commission.
            Respectfully,
                                                      Sam Rayburn.

Select Committee Appointments

Sec. 6.6 The Speaker appoints Members to select committees established 
    pursuant to formal House resolutions.

    On Dec. 6, 1967,(4) a resolution was introduced to 
authorize Speaker John W. McCormack, of Massachusetts, to appoint 
Members to a select committee.
---------------------------------------------------------------------------
 4. 113 Cong. Rec. 35143, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mrs. [Martha W.] Griffiths [of Michigan]: Mr. Speaker, on 
    behalf of the distinguished gentlewoman from Washington [Mrs. May] 
    and myself, I offer a resolution (H. Res. 1000) and ask unanimous 
    consent for its immediate consideration.
        The Clerk read the resolution, as follows:

                                H. Res. 1000

            Resolved, (a) That there is hereby created a select 
        committee to be composed of three Members of the House of 
        Representatives to be appointed by the Speaker, one of whom 
        shall be designated as chairman. Any vacancy occurring in the 
        membership of the committee shall be filled in the same manner 
        in which the original appointment was made.
            (b) Effective upon the date of approval of this resolution, 
        until otherwise ordered by the House, the management of the 
        House Beauty Shop and all matters connected therewith shall be 
        under the direction of the Select Committee herein created and 
        shal1 be operated under such rules and regulations as such 
        Committee may prescribe for the operation and the employment of 
        necessary assistance for the conduct of said Beauty Shop by 
        such business methods as may produce the best results 
        consistent with economical and modern management.
            Sec. 2. The Select Committee is hereby authorized to 
        purchase, at a cost not to exceed $15,000, the initial 
        equipment and materials required for the operation of the House 
        Beauty Shop, and the expense thereof shall be paid from the 
        contingent fund of the House of Representatives.

[[Page 506]]

        The Speaker: Is there objection to the request of the 
    gentlewoman from Michigan?
        There was no objection.
        Mrs. Griffiths: Mr. Speaker, the $15,000 advanced to 
    reestablish the House beauty shop will be in the course of the next 
    year, barring unforeseen circumstances, be returned to the 
    contingency fund, and it is my earnest hope that the next time you 
    hear from the select committee, it will be for the pleasant task of 
    returning money to the Treasury of the United States.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Speaker: Pursuant to the provisions of House Resolution 
    1000, the Chair appoints as members of the Select Committee on the 
    House Beauty Shop the following Members: Mrs. Griffiths, chairman; 
    Mrs. Green of Oregon, and Mrs. May.

Discretion in Appointments

Sec. 6.7 The Speaker on occasion has insisted that he be permitted 
    discretion in appointing Members to select committees.

    On July 10, 1945,(5) Speaker Sam Rayburn, of Texas, 
indicated his desires concerning the formulation of resolutions 
providing for the appointment of select committees by the Speaker.
---------------------------------------------------------------------------
 5. 91 Cong. Rec. 7392-94, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Fritz G.] Lanham [of Texas]: Mr. Speaker, I ask unanimous 
    consent for the immediate consideration of Senate Joint Resolution 
    31.
        The Clerk read the title of the joint resolution.
        The Speaker: Is there objection to the request of the gentleman 
    from Texas?
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, 
    reserving the right to object, will the gentleman from Texas kindly 
    explain the legislation?
        Mr. Lanham: Mr. Speaker, this Senate joint resolution, which 
    was passed unanimously by the Senate, provided for the treatment of 
    the Legislative Chambers long delayed in giving proper quarters in 
    which to meet. . . .
        The Speaker: The Chair desires to call attention to one 
    amendment. The Chair is not going to raise the question at this 
    time but will hereafter, and he thinks he might as well try to 
    raise it with his beloved friend from Texas as anybody else, 
    because there will not be any trouble with him about it.
        The Chair calls attention to the amendment on page 2 of the 
    bill running from line 17 to 24 and reading as follows:

            Provided further, That the project, insofar as it affects 
        the House wing of the Capitol, shall be carried forward by the 
        Architect of the Capitol in accordance with plans to be 
        approved by a committee of five Representatives to be appointed 
        by the Speaker of the House of Representatives, upon 
        recommendation of the chairman of the House Committee on Public 
        Buildings and Grounds.

        Hereafter the Chair is going to insist that if he is to appoint 
    a committee and be responsible for it he be permitted to appoint 
    whom he pleases. To

[[Page 507]]

    that end, of course, he would consult with the chairman of the 
    Committee on Public Buildings and Grounds or whatever the committee 
    of the House might be. . . .
        The committee amendments were agreed to.

Appointment Restrictions

Sec. 6.8 Though it is customary to allow the Speaker discretion in 
    appointing Members to select committees, authorizing resolutions 
    normally include restrictions as to the total number of Members to 
    be appointed and the party balance to be obtained.

    On Mar. 5, 1958,(6) a resolution was introduced as 
follows:
---------------------------------------------------------------------------
 6. 104 Cong. Rec. 3443, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    offer a resolution and ask unanimous consent for its present 
    consideration.
        The Clerk read as follows:

                              House Resolution 496

            Resolved, That there is hereby created a Select Committee 
        on Astronautics and Space Exploration to be composed of 13 
        Members of the House of Representatives to be appointed by the 
        Speaker, 7 from the majority party and 6 from the minority 
        party, one of whom he shall designate as chairman. Any vacancy 
        occurring in the membership of the committee shall be filled in 
        the manner in which the original appointment was made. . . .

        There was no objection.
        The resolution was agreed to and a motion to reconsider was 
    laid on the table.

Making Select Committee Appointments

Sec. 6.9 The Speaker may orally appoint Members to a select committee 
    pursuant to authority granted him.

    On Oct. 20, 1966,(7) Speaker John W. McCormack, of 
Massachusetts, appointed Members to a select committee.
---------------------------------------------------------------------------
 7. 112 Cong. Rec. 28112, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: Pursuant to the provisions of House Resolution 
    1013, 89th Congress, the Chair appoints as members of the Select 
    Committee on Standards and Conduct the following Members of the 
    House: Mr. Bennett, of Florida, chairman; Mr. Brooks, of Texas; Mr. 
    Nix, of Pennsylvania; Mr. Carey, of New York; Mr. Cameron, of 
    California; Mr. Ronan, of Illinois; Mr. Gross, of Iowa; Mr. 
    Broyhill, of Virginia; Mr. Michel, of Illinois; Mrs. May, of 
    Washington; Mr. Latta, of Ohio; and Mr. Stafford, of Vermont.

Sec. 6.10 Under certain circumstances, the Speaker may appoint the 
    majority party members to a select committee without appointing the 
    minority party members simultaneously.

[[Page 508]]

    On Feb. 7, 1961,(8) Speaker Sam Rayburn, of Texas, 
appointed the majority party members of a select committee.
---------------------------------------------------------------------------
 8. 107 Cong. Rec. 1820, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make the following 
    announcement.
        Pursuant to the provisions of House Resolution 46, 87th 
    Congress, the Chair appoints as members of the Select Committee To 
    Conduct Studies and Investigations of the Problems of Small 
    Business the following Members of the House:
        Mr. Patman, Texas, chairman; Mr. Evins, Tennessee; Mr. Multer, 
    New York; Mr. Yates, Illinois; Mr. Steed, Oklahoma; Mr. Roosevelt, 
    California; Mr. Alford, Arkansas.(9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: The majority party members were appointed 
        so that the committee could organize and the chairman could 
        certify the employment of staff personnel. The Republican 
        members did not hold a caucus to ratify the recommendations of 
        their Committee on Committees until after the session of the 
        House on Feb. 9, 1961.
---------------------------------------------------------------------------

Sec. 6.11 Under certain circumstances, the Speaker may appoint minority 
    party members to a select committee pursuant to authority granted 
    him without appointing the majority party members simultaneously.

    On Feb. 17, 1961,(10) Speaker Sam Rayburn, of Texas, 
appointed the minority party members to a select committee.
---------------------------------------------------------------------------
10. 107 Cong. Rec. 2271, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: Pursuant to the provisions of House Resolution 46, 
    87th Congress, the Chair appoints as additional members of the 
    Select Committee To Conduct Studies and Investigations of the 
    Problems of Small Business the following Members of the House:
        Mr. McCulloch, Ohio; Mr. Moore, West Virginia; Mr. Avery, 
    Kansas; Mr. Smith, California; Mr. Robison, New York; and Mr. 
    Derwinski, Illinois.

Sec. 6.12 The Speaker may appoint himself to certain select committees, 
    and has served on the Joint Select Committee on Preparations for 
    Inaugural Ceremonies.

    On Apr. 20, 1964,(11) a resolution was introduced 
concerning the creation of a joint committee.
---------------------------------------------------------------------------
11. 110 Cong. Rec. 8375, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I offer a Senate 
    concurrent resolution and ask for its immediate consideration.
        The Clerk read as follows:

                                S. Con. Res. 71

            Resolved by the Senate (the House of Representatives 
        concurring), That a joint committee consisting of three 
        Senators and three Representatives, to be appointed by the 
        President of the Senate and the Speaker of the House of 
        Representatives, respectively, is authorized to make the 
        necessary arrangements for the inau

[[Page 509]]

        guration of the President-elect and Vice-President-elect of the 
        United States on the 20th day of January 1965.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Speaker: [John W. McCormack, of Massachusetts]: Pursuant to 
    the provisions of Senate Concurrent Resolution 71, 88th Congress, 
    the Chair appoints as Members of the Joint Committee . . . the 
    following Members on the part of the House: Mr. McCormack, Mr. 
    Albert, and Mr. Halleck.

Filling Vacancies

Sec. 6.13 When a vacancy occurs on a special committee, the Speaker, 
    acting under the original authorization by the House, may appoint a 
    Member to fill the vacancy.

    On Jan. 3, 1939,(12) Speaker William B. Bankhead, of 
Alabama, made the following announcement:
---------------------------------------------------------------------------
12. 84 Cong. Rec. 16, 17, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: On August 13, 1938, a vacancy was created on the 
    Special Joint Committee to Investigate the Tennessee Valley 
    Authority due to the resignation of Hon. William J. Driver. The 
    Chair, pursuant to the authority conferred upon him by Public 
    Resolution 83, Seventy-fifth Congress, and the order of the House 
    of June 15, 1938, empowering him to appoint commissions and 
    committees authorized by law or by the House, did on August 23, 
    1938, appoint Hon. Graham A. Barden as a member of the Special 
    Joint Committee to Investigate the Tennessee Valley Authority to 
    fill the vacancy, and notified the Clerk of the House of his 
    action.

    On Feb. 2, 1960,(13) Speaker Sam Rayburn, of Texas, laid 
before the House a written announcement:
---------------------------------------------------------------------------
13. 106 Cong. Rec. 1822, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair lays before the House the following 
    announcement, which the Clerk will read.
        The Clerk read as follows:

            Pursuant to the provisions of section 5, Public Law 115, 
        78th Congress, and House Resolution 165, 86th Congress, the 
        Chair appoints as a member of the Committee on the Disposition 
        of Executive Papers the gentleman from Iowa, Mr. Kyl, to fill 
        the existing vacancy thereon.

Appointing Conferees

Sec. 6.14 The appointment of conferees on the part of the House is 
    considered a matter within the discretion of the Speaker, although 
    he customarily hears suggestions from the House leaders or from the 
    chairman of the reporting committee.

    On July 1, 1932,(14) unanimous consent was requested for 
the ap

[[Page 510]]

pointment of conference committee managers on the part of the House.
---------------------------------------------------------------------------
14. 75 Cong. Rec. 14499, 14500, 72d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Samuel] Dickstein [of New York]: Mr. Speaker, I ask 
    unanimous consent to take from the Speaker's table the bill (H.R. 
    10600) to exempt from the quota husbands of American citizens, with 
    Senate amendments, disagree to the Senate amendments, and ask for a 
    conference.
        The Clerk read the title of the bill.
        The Speaker: [John N. Garner, of Texas]: Is there objection? 
    (After a pause.) The Chair hears none, and appoints the following 
    conferees: Messrs. Dickstein, Palmisano, Dies, Johnson of 
    Washington, and Cable.
        Mr. [Bertrand H.] Snell [of New York]:(15) Mr. 
    Speaker, the gentleman from Ohio [Mr. Cable] is absent through 
    illness. I ask that the Chair substitute for the gentleman from 
    Ohio [Mr. Cable] the gentleman from Ohio [Mr. Jenkins], the next 
    man on the committee.
---------------------------------------------------------------------------
15. Parliamentarian's Note: Mr. Snell was the Minority Leader.
---------------------------------------------------------------------------

        Mr. Dickstein:(16) Mr. Speaker, may I disagree with 
    the selection of the conferee?
---------------------------------------------------------------------------
16. Parliamentarian's Note: Mr. Dickstein was the chairman of the 
        committee reporting the bill in question.
---------------------------------------------------------------------------

        The Speaker: No. If the gentleman is the ranking member, he 
    should be appointed.
        Mr. Dickstein: There are other Members ahead of the gentleman 
    from Ohio.
        The Speaker: If the gentleman is the ranking member, then he 
    ought to go on the conference. The Chair appoints the conferees and 
    thinks the Republican side should have whom they want on the 
    conference.
        Mr. Dickstein: There are other gentlemen on the committee 
    nearer the head of the table than the gentleman from Ohio.
        The Speaker: The gentleman from New York [Mr. Snell] has taken 
    the responsibility of selecting the man on the committee whom he 
    wants to represent the Republican organization, and that has been 
    the custom. . . .
        Mr. Dickstein: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dickstein: May I submit a new list of conferees?
        The Speaker: The gentleman has stated that the Chair appoints 
    the gentleman recommended by the gentleman from New York, and this 
    ought to be sufficient if the Chair takes the responsibility.

    On July 17, 1935,(17) Speaker Joseph W. Byrns, of 
Tennessee, discussed the practice of appointing conferees after the 
following unanimous-consent request was made and debated:
---------------------------------------------------------------------------
17. 79 Cong. Rec. 11319, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I ask 
    unanimous consent to take from the Speaker's desk the bill H.R. 
    8632, the Tennessee Valley Authority bill, disagree to the Senate 
    amendments and agree to the conference asked for.
        The Speaker: Is there objection to the request of the gentleman 
    from South Carolina?

[[Page 511]]

        Mr. [Maury] Maverick [of Texas]: Reserving the right to object, 
    will the gentleman from South Carolina inform this House how many 
    conferees there will be?
        Mr. McSwain: I do not mind stating to the gentleman that I have 
    recommended to the Speaker to appoint five.
        Mr. Maverick: Mr. Speaker, reserving the right to object, an 
    agreement was made by certain Members of the Military Affairs 
    Committee to have five conferees, with unfriendly people on this 
    committee. As one of the friends of the T.V.A., I was not invited, 
    and as far as I know Mr. Thomason, of Texas, and Mr. Wilcox, of 
    Florida, and Mr. Hill of Alabama, also friends of the T.V.A., were 
    not there. I think it is wrong. I think this is a bad precedent to 
    put unfriendly men on the conference committee; it may hold things 
    up, and it does not appear to me as fair--I will not be a party to 
    any agreement unfriendly to the purposes of the great T.V.A. 
    program.
        Mr. [William D.] McFarlane [of Texas]: Mr. Speaker, I reserve 
    the right to object, to ask this question: I would like to see the 
    personnel of the conference committee appointed according to the 
    way the majority of the House voted, and the personnel should be so 
    appointed so that a majority of the committee will favor the 
    majority position of the House. Take the first three members on the 
    conference committee, based on their vote on this question, and on 
    the different administration amendments in the different issues 
    voted on in the House. How would their known position on this 
    legislation stand up with the opinion of the majority of the House 
    on the legislation?
        Mr. McSwain: The three members on the majority side whom I have 
    nominated to the Speaker voted for the bill and voted against the 
    motion to recommit. As I have stated time and time again, I am for 
    whatever the House does; and I state again that I am for the House 
    bill.
        The Speaker: After all, the Chair appoints the conferees. The 
    Chair is always willing to accept the suggestions made by the 
    chairman of the committee which has charge of the bill, assuming 
    that the members who are appointed will stand for the House measure 
    because they represent the House in the conference.
        Mr. Maverick: One of the members of the conferees has been one 
    of the three bitterest opponents on the committee of the bill the 
    President wants, and that is the gentleman from Louisiana [Mr. 
    Montet]. As I understand it, he is one of those to be appointed. 
    Yes; Mr. Montet finally voted for the bill, but he has consistently 
    fought the bill from the very beginning.
        The Speaker: The Chair would certainly not assume that the 
    gentleman from Louisiana would accept a position as a conferee and 
    not stand for what the House wants, because that is what the House 
    conferees are expected to do, consistent with any proper 
    compromises that are necessary in order to put the measure through. 
    On the contrary the Chair has confidence in the gentleman in every 
    sense of the word. That is a matter which should appeal to the 
    conferees when they go into session, and, after all, when the 
    matter is reported to the House, the House has its opportunity to 
    express its approval or disapproval of the conference report.

Speaker as Conferee

Sec. 6.15 Although the manner of appointment of conferees on

[[Page 512]]

    the part of the House and their number is considered within the 
    discretion of the Speaker, the Speaker normally does not appoint 
    himself to a conference committee.

    On June 24, 1932,(18) Speaker John N. Garner, of Texas, 
suggested the appointment of himself to a conference committee. After 
some debate, and after a ruling by the Speaker concerning his 
discretion in the manner of appointments of conferees, he did not 
appoint himself to the committee.(19)
---------------------------------------------------------------------------
18. 75 Cong. Rec. 13876-79, 72d Cong. 1st Sess.
19. See 8 Cannon's Precedents Sec. 3220, for further treatment of this 
        instance.
---------------------------------------------------------------------------

Appointing Successor Conferees

Sec. 6.16 Under more recent precedents, the Speaker appoints successor 
    conferees to conference committees on the part of the House without 
    the requirement of House approval.

    On Mar. 22, 1950,(20) a letter of resignation was laid 
before the House as follows:
---------------------------------------------------------------------------
20. 96 Cong. Rec. 3803, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
                                                   March 22, 1950.
        The Speaker,
        The House of Representatives,
        Washington, D.C.

            Dear Mr. Speaker: It is with regret that I announce my 
        resignation as a House conferee to consider H.R. 1243, a bill 
        to amend the Hatch Act. I am forced to resign because of ill 
        health.

          Sincerely yours,
                                                   Mary T. Norton.

        The Speaker [Sam Rayburn, of Texas]: Without objection, the 
    resignation is accepted.
        There was no objection.
        The Speaker: The Chair appoints the gentlewoman from 
    Connecticut [Mrs. Woodhouse] to fill the vacancy and the Clerk will 
    notify the Senate of the change.

    On Oct. 14, 1966,(1) the following unanimous-consent 
request was made:
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 26996, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Adam C.] Powell [of New York]: Mr. Speaker, I ask 
    unanimous consent that the Republican conferees on the bill (H.R. 
    13161) to strengthen and improve programs of assistance for our 
    elementary and secondary schools, be excused, and that the Speaker 
    be empowered to appoint new Republican conferees.
        The Speaker [John W. McCormack, of Massachusetts]: Is there 
    objection to the request of the gentleman from New York?
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, reserving the 
    right to object, is the gentleman from New York going to submit the 
    names of the additional conferees?

[[Page 513]]

        The Speaker: As the gentleman from Michigan knows, the Chair 
    makes the appointment. The Chair always seeks the counsel and 
    advice of the chairman, assuming that the chairman has in turn 
    conferred with the members of his own committee on both sides. The 
    Chair will state that he has four names. . . .
        Is there objection to the request of the gentleman from New 
    York? The Chair hears none, and appoints the following conferees: 
    Messrs. Ayres, Quie, Goodell, and Bell, and the Senate will be so 
    notified.
        The Speaker: Is there objection to the request of the gentleman 
    from New York? The Chair hears none, and appoints the following 
    conferees: Messrs. Ayres, Quie, Goodell, and Bell, and the Senate 
    will be so notified.

    On Nov. 17, 1967,(2) the following unanimous-consent 
request was made:
---------------------------------------------------------------------------
 2. 113 Cong. Rec. 32953, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl D.] Perkins [of Kentucky]: Mr. Speaker, I ask 
    unanimous consent that the gentleman from New Jersey [Mr. Daniels] 
    may be excused as a conferee on the bill S. 2388, and that the 
    Speaker be authorized to appoint a Member to fill the vacancy.
        The Speaker [John W. McCormack, of Massachusetts]: Is there 
    objection to the request of the gentleman from Kentucky?
        There was no objection.
        The Speaker: The Chair appoints the gentleman from Michigan 
    [Mr. O'Hara] to fill the vacancy.(3)
---------------------------------------------------------------------------
 3. Parliamentarian's Note: When the House excuses a conferee from 
        further service, the Speaker may appoint a successor without 
        specific authorization from the House. Hence Mr. Perkins need 
        not have sought unanimous consent; it is when the Speaker 
        appoints an additional conferee that he must have the 
        authorization of the House.
---------------------------------------------------------------------------

Sec. 6.17 Unanimous consent was required where a House conferee sought 
    to absent himself from a conference.

    On May 16, 1930,(4) the following unanimous-consent 
request was made.
---------------------------------------------------------------------------
 4. 72 Cong. Rec. 9076, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Gilbert N.] Haugen [of Iowa]: Mr. Speaker, I ask unanimous 
    consent to take from the Speaker's table the bill (S. 108) to 
    suppress unfair and fraudulent practices in the marketing of 
    perishable commodities in interstate and foreign commerce, with 
    House amendments thereto, insist on the House amendments, and agree 
    to the conference asked by the Senate.
        The Speaker [Nicholas Longworth, of Ohio]: The gentleman from 
    Iowa asks unanimous consent. . . . Is there objection?
        There was no objection.
        The Chair appointed the following conferees: Mr. Haugen, Mr. 
    Purnell, and Mr. Aswell.
        Mr. [James B.] Aswell [of Louisiana]: Mr. Speaker, I shall be 
    absent next week, and I ask that the gentleman from Kentucky [Mr. 
    Kincheloe] be appointed in my place.
        The Speaker: Without objection, the gentleman from Kentucky 
    [Mr.

[[Page 514]]

    Kincheloe] will take the place of the gentleman from Louisiana on 
    the conference.
        There was no objection.

Appointing Additional Conferees

Sec. 6.18 In order for the Speaker to appoint an additional conferee to 
    a conference committee on the part of the House, unanimous consent 
    of the House must first be obtained.

    On Oct. 9, 1967,(5) a unanimous consent request was made 
relative to the naming of an additional conferee committee.
---------------------------------------------------------------------------
 5. 113 Cong. Rec. 28161, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, I ask 
    unanimous consent that the Speaker be authorized to appoint an 
    additional manager on the part of the House to serve on the 
    conference on the bill (H.R. 8719) to increase the annual Federal 
    payment to the District of Columbia and to provide a method for 
    computing the annual borrowing authority for the general fund of 
    the District of Columbia.
        The Speaker [John W. McCormack, of Massachusetts]: Is there 
    objection to the request of the gentleman from South Carolina?
        The Chair hears none, and appoints the following additional 
    conferee: Mr. Fuqua.
        The Clerk will notify the Senate.

Sec. 6.19 The Speaker informs the House when, pursuant to authority 
    granted him, he has appointed conferees on the part of the House 
    during an adjournment of the House.

    On Sept. 23, 1940,(6) Speaker Sam Rayburn, of Texas, 
made the following announcement:
---------------------------------------------------------------------------
 6. 86 Cong. Rec. 12460, 76th Cong. 3d Sess. The House had previously 
        agreed to the conference on Sept. 19, 1940; see id. at p. 
        12360.
---------------------------------------------------------------------------

        The Speaker: Pursuant to authority granted on Thursday, 
    September 19, 1940, the Chair did on Friday, September 20, 1940, 
    appoint as managers on the part of the House to attend the 
    conference on H.R. 10413, the excess-profits-tax bill, the 
    following Members of the House: Mr. Doughton, Mr. Cullen, Mr. 
    McCormack, Mr. Cooper, Mr. Treadway, Mr. Crowther, Mr. Knutson.

Conferees on Appropriations

Sec. 6.20 The Speaker may appoint different conferees on the part of 
    the House to confer on separate chapters of an appropriations bill.

    On July 27, 1955,(7) the following unanimous-consent 
request was made:
---------------------------------------------------------------------------
 7. 101 Cong. Rec. 11686, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clarence] Cannon [of Missouri]: Mr. Speaker, I ask 
    unanimous

[[Page 515]]

    consent to take from the Speaker's table the bill (H.R. 2728) 
    making supplemental appropriations for the fiscal year ending June 
    30, 1956, and for other purposes, with Senate amendments thereto, 
    disagree to the Senate amendments, and agree to the conference 
    asked by the Senate.
        The Speaker [Sam Rayburn, of Texas]: Is there objection to the 
    request of the gentleman from Missouri? [After a pause.] The Chair 
    hears none and appoints the following conferees: Messrs. Cannon and 
    Taber; and on chapter I, Messrs. Whitten, Marshall, and H. Carl 
    Andersen; on chapter II, Messrs. Preston, Thomas, and Bow; on 
    chapter III. Messrs. Mahon, Sheppard, Sikes, Wigglesworth, 
    Scrivner, and Ford; on chapter IV, Messrs. Passman, Gary, and 
    Wigglesworth; on chapter V, Messrs. Andrews, Mahon, and Fenton; on 
    chapter VI, Messrs. Thomas, Yates, and Phillips; on chapter VII, 
    Messrs. Kirwan, Norrell, and Jensen; on chapter VIII, Messrs. 
    Fogarty, Fernandez, and Hand; on chapter IX, Messrs. Rabaut, 
    Kirwan, and Davis of Wisconsin; on chapter X, Messrs. Rooney, 
    Preston, and Coudert; on chapter XI, Messrs. Gary, Passman, and 
    Canfield; on chapters XII, XIII, XIV, and XV, Messrs. Rabaut, 
    Norrell, and Horan.

Appointing Tellers

Sec. 6.21 The Chair appoints tellers where tellers are ordered in a 
    Committee of the Whole.

    On Sept. 21, 1965,(8) the following motion was made:
---------------------------------------------------------------------------
 8. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John A.] Blatnik [of Minnesota]: Mr. Chairman, I move that 
    the Committee do now rise.

        The Chairman [Daniel D. Rostenkowski, of Illinois]: The 
    question is on the motion of the gentleman from Minnesota.
        Mr. [William C.] Cramer [of Florida]: Mr. Chairman, I demand 
    tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Blatnik and Mr. Cramer.

Sec. 6.22 The Chair may appoint new tellers after the initial ones are 
    found to be in disagreement on a teller vote.

    On July 19, 1946,(9) a question was voted on as follows:
---------------------------------------------------------------------------
 9. 92 Cong. Rec. 9466, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman [John J. Delaney, of New York]: The question is on 
    the committee amendment.
        The question was taken; and on a division (demanded by Mr. 
    Thomason) there were--ayes 63, noes 38.
        Mr. [R. Ewing] Thomason [of Texas]: Mr. Chairman, I demand 
    tellers. Tellers were ordered, and the Chair appointed as tellers 
    Mr. May and Mr. Short.
        The committee divided; and the tellers were unable to agree on 
    the count.
        The Chairman: Without objection, the Chair will direct that the 
    vote by tellers be taken over.
        There was no objection.
        The Chair appointed as tellers Mr. Thomason and Mr. Short.
        The Committee again divided, and the tellers reported that 
    there were- ayes 102, noes 72.

[[Page 516]]

Appointing Electoral Vote Tellers

Sec. 6.23 The Speaker appoints tellers for the counting of Presidential 
    and Vice Presidential electoral votes pursuant to a concurrent 
    resolution of both Houses.

    On Jan. 3, 1961,(10) the following resolution was 
offered.
---------------------------------------------------------------------------
10. 107 Cong. Rec. 26, 27, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    offer a resolution (S. Con. Res. 1) and ask for its immediate 
    consideration.
        The Clerk read the concurrent resolution, as follows:

            Resolved by the Senate (the House of Representatives 
        concurring), That the two Houses of Congress shall meet in the 
        Hall of the House of Representatives on Friday, the 6th day of 
        January 1961, at 1 o'clock post meridian, pursuant to the 
        requirements of the Constitution and laws relating to the 
        election of President and Vice President of the United States, 
        and the President of the Senate shall be their presiding 
        officer; that two tellers shall be previously appointed by the 
        President of the Senate on the part of the Senate and two by 
        the Speaker on the part of the House of Representatives, to 
        whom shall be handed, as they are opened by the President of 
        the Senate, all the certificates and papers purporting to be 
        certificates of the electoral votes, which certificates shall 
        be opened, presented, and acted upon in the alphabetical order 
        of the States, beginning with the letter ``A'', and said 
        tellers, having then read the same in the presence and hearing 
        of the two Houses, shall make a list of the votes as they shall 
        appear from the said certificates; and the votes having been 
        ascertained and counted in the manner and according to the 
        rules by law provided, the result of the same shall be 
        delivered to the President of the Senate, who shall thereupon 
        announce the state of the vote, which announcement shall be 
        deemed a sufficient declaration of the persons, if any, elected 
        President and Vice President of the United States, and, 
        together with  list of the votes, be entered on the Journals of 
        the two House.

        The concurrent resolution was agreed to.
        The Speaker: [Sam Rayburn, of Texas]: Pursuant to the 
    provisions of Senate Concurrent Resolution 1, the Chair appoints as 
    tellers on the part of the House to count the electoral votes on 
    January 6, 1961, the gentlewoman from New York [Mrs. Kelly] and the 
    gentlewoman from Ohio [Mrs. Bolton].

Sec. 6.24 The Speaker may appoint a new teller for the counting of 
    electoral votes when a previously appointed one is not present.

    On Jan. 6, 1949,(11) after the election in 1948 of Harry 
S. Truman as President, Speaker Sam Rayburn, of Texas, designated a 
teller for the counting of electoral votes.
---------------------------------------------------------------------------
11. 95 Cong. Rec. 89, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The gentleman from New York [Mr. Gamble] is 
    unavoidably

[[Page 517]]

    detained and is unable to serve as teller.
        The Chair designates the gentleman from Pennsylvania [Mr. 
    Graham] to act as teller in his stead.

Temporary Appointments

Sec. 6.25 Pursuant to law and House authorization, the Speaker may make 
    temporary appointments to fill vacancies in the offices of the 
    Clerk, the Sergeant at Arms, the Doorkeeper, the Postmaster, and 
    the Chaplain of the House.

    On July 28, 1953,(12) the following unanimous-consent 
request was made:
---------------------------------------------------------------------------
12. 99 Cong. Rec. 10128, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I ask 
    unanimous consent for the immediate consideration of the bill (H.R. 
    6571) amending the Legislative Reorganization Act of 1946 to 
    provide for the appointment of persons to exercise temporarily the 
    duties of certain offices of the House of Representatives.

    There being no objection, the Clerk read the bill, which authorized 
the Speaker to make appointments on a temporary basis to fill vacancies 
in the offices of the Clerk, the Sergeant at Arms the Doorkeeper, the 
Postmaster and the Chaplain of the House.

        The bill was ordered to be engrossed and read a third time, was 
    read the third time, and passed, and a motion to reconsider was 
    laid on the table.(13)
---------------------------------------------------------------------------
13. See also 2 USCA 75a-1.
---------------------------------------------------------------------------

    On Jan. 6, 1954,(14) a letter of resignation of the 
Sergeant at Arms, dated Sept. 14, 1953, was laid before the House:
---------------------------------------------------------------------------
14. 100 Cong. Rec. 8, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
        The Honorable the Speaker,
        House of Representatives.

            My Dear Mr. Speaker: I submit herewith, effective at the 
        close of business today, my resignation as Sergeant at Arms, 
        House of Representatives, which additional duty I assumed 
        pursuant to House Resolution 325, dated July 8, 1953, 83d 
        Congress.
              Respectfully yours,
                                               Lyle O. Snader,
                                                    Clerk of the
                                         House of Representatives.

        The Speaker: [Joseph W. Martin, Jr., of Massachusetts]: The 
    Chair announces that, pursuant to the provisions of section 208(a) 
    of the Legislative Reorganization Act of 1946, he did on September 
    15, 1953, appoint William R. Bonsell, of the State of Pennsylvania, 
    to act temporarily as Sergeant at Arms until the House chooses a 
    person for that office.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: Mr. Snader, the Clerk of the House, had 
        assumed the additional duties of the Sergeant at Arms following 
        the death of the elected Sergeant at Arms, William F. Russell.
---------------------------------------------------------------------------

    On Mar. 14, 1966,(16) Speaker John W. McCormack, of 
Massa

[[Page 518]]

chusetts, appointed an Acting Chaplain following the death of the 
elected Chaplain.
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5712, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: Pursuant to the provisions of the Legislative 
    Reorganization Act of 1946, as amended by Public Law 197, 83d 
    Congress (67 Stat. 387; 2 U.S.C. 75-a-1-(a)), the Chair appoints 
    Edward Gardiner Latch, D.D., L.H.D., of Washington, D.C., to act as 
    and to exercise temporarily the duties of the Chaplain of the House 
    of Representatives.(17)
---------------------------------------------------------------------------
17. Parliamentarian's Note: This appointment was made to fill the 
        vacancy caused by the death of the Chaplain, Reverend Bernard 
        Braskamp.
---------------------------------------------------------------------------

Appointments Subject to Approval

Sec. 6.26 On occasion, the House authorizes the designation of certain 
    House employees subject to the approval of the Speaker.

    On Jan. 18, 1945,(18) a resolution was offered which 
provided for the designation of an assistant to the Clerk subject to 
the approval of the Speaker.
---------------------------------------------------------------------------
18. 91 Cong. Rec. 334, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John J.] Cochran [of Missouri]: Mr. Speaker, I offer a 
    resolution (H. Res. 95) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That there shall be paid out of the contingent 
        fund of the House, until otherwise provided by law, 
        compensation at the rate of $3,600 per annum, payable monthly, 
        for the services of an assistant reading clerk, who shall be 
        designated by the Clerk of the House, subject to the approval 
        of the Speaker: Provided, however, That the authorization and 
        appropriation herein contained shall terminate whenever a 
        vacancy occurs in a position of reading clerk.

        The resolution was agreed to.

    On Aug. 3, 1953,(19) a resolution was introduced as 
follows:
---------------------------------------------------------------------------
19. 99 Cong. Rec. 11133, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I offer a 
    resolution (H. Res. 392) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That effective August 1, 1953, there shall be 
        paid out of the contingent fund of the House, until otherwise 
        provided by law, compensation at the basic rate of $3,000 per 
        annum for the employment of an assistant Journal Clerk-Indexer, 
        who shall be designated by the minority leader subject to the 
        approval of the Speaker.

        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 7. Preserving Order on the House Floor

    The Speaker's jurisdiction, duty, and power to preserve order on

[[Page 519]]

the House floor derives mainly from the House rules and House 
precedents. This section lists examples of both.
    Under House rules, the Speaker preserves order on the House floor 
by maintaining the decorum of the proceedings,(20) by 
controlling the use of the House Chamber,(1) by presiding 
over the Members during debate,(2) and by supervising the 
admission of persons to the House floor.(3)
---------------------------------------------------------------------------
20. Rule I clause 2, House Rules and Manual Sec. 622 (1973). See Ch. 
        29, infra, for fuller treatment of the Speaker's role in 
        maintaining order on the House floor.
 1. Rules I clause 3, Sec. 623, and XXXI, Sec. 918, House Rules and 
        Manual (1973). See Ch. 4, supra, for discussion of the use of 
        the House Chamber.
 2. Rule XIV clauses 1-8, Sec. Sec. 749-764, House Rules and Manual 
        (1973). See Ch. 29, infra, for fuller treatment of the 
        Speaker's role in presiding over debate.
 3.Rule XXXII clauses 1 and 2, House Rules and Manual Sec. Sec. 919-921 
        (1973). See Ch. 4, supra, for treatment of admission to the 
        House floor.
---------------------------------------------------------------------------

    Under House precedents, the Speaker preserves order on the House 
floor: by using his power of recognition to remedy situations wherein a 
Member attempts to interrupt another Member who has the 
floor;(4) by controlling the manner by which one Member 
addresses or refers to another;(5) by disallowing or 
controlling certain references by Members to Senators or others; by 
controlling the movements of Members on the floor during 
debate;(6) by controlling the distribution of materials on 
the House floor;(7) and by enforcing the privileges of the 
House floor.(8)
---------------------------------------------------------------------------
 4. See Sec. Sec. 7.1, 7.2, infra.
 5. See Sec. Sec. 7.3 et seq., infra.
 6. See Sec. Sec. 7.13, 7.14, infra.
 7. See Sec. 7.15, infra.
 8. See Ch. 4, supra.                          -------------------
---------------------------------------------------------------------------

Controlling interjected Remarks

Sec. 7.1 In preserving order on the House floor, the Speaker has the 
    power of recognition and Members must seek the Speaker's 
    recognition before interrupting another Member who has the floor.

    On Feb. 17, 1936,(9) a parliamentary inquiry was 
addressed to Speaker Joseph W. Byrns, of Tennessee, as follows:
---------------------------------------------------------------------------
 9. 80 Cong. Rec. 2201, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clifton A.] Woodrum [of Virginia]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.

[[Page 520]]

        Mr. Woodrum: Mr. Speaker, in the interest of orderly procedure, 
    I should like to propound a parliamentary inquiry to the Speaker.
        If I understand the rules of the House, they provide that in 
    debate should a Member desire to address the House or the Speaker 
    he must first secure recognition of the Speaker. If a Member has 
    the floor and is addressing the House or the Speaker and another 
    Member desires to interrogate him, interrupt, or interject remarks, 
    he must first secure the permission of the Member who has the 
    floor.
        Mr. Speaker, I observe a custom growing up here of Members 
    getting up and a number of them talking at once, with the Speaker 
    pounding for order. It seems to me that they must not understand 
    the rules, or else I do not understand them. I do not understand 
    that under the rules a Member has a right to cut into another 
    Member's speech, or interrupt the Member when he is trying to 
    speak, or while the Speaker is trying to make a ruling or is 
    addressing the House. I think the Speaker should rule on this 
    matter.
        The Speaker: The gentleman is correct. The Chair has had 
    occasion several times, according to his distinct recollection, to 
    call this rule to the attention of the Members of the House. It is 
    a violation of the rules of the House for a Member to interrupt 
    another Member when he has the floor without first addressing the 
    Chair and obtaining the consent of the Member having the floor 
    before he interrupts.

Sec. 7.2 In preserving order on the House floor, the Chair may rule 
    that statements interjected into the speech of a Member without his 
    permission may be stricken by the Member in his revision of 
    remarks.

    On Mar. 4, 1936,(10) a debate took place which brought 
about a point of order, as follows:
---------------------------------------------------------------------------
10. 80 Cong. Rec. 3278, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles] Kramer [of California]: Mr. Chairman, will the 
    gentleman yield?
        Mr. [Maury] Maverick [of Texas]: Yes.
        Mr. Kramer: Will the gentleman explain what the cartoon said 
    down below it? The gentleman said it was a fine picture of the 
    President. I am surprised that the gentleman would stand on the 
    floor here as a Democrat, as a supporter of this administration and 
    take that attitude toward our President.
        Mr. Maverick: Do not talk nonsense, Mr. Kramer.
        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, will the 
    gentleman yield there?
        Mr. Maverick: Yes; I yield.
        Mr. Marcantonio: As a matter of fact, the attitude of the 
    gentleman and some other gentlemen who are advocating this 
    legislation is one of competing with Mr. Hearst on the question of 
    communism.
        [Several gentlemen rose. Some confusion. Mr. Bankhead rose to a 
    point of order.]
        Mr. [William B.] Bankhead [of Alabama]: Mr. Chairman, I rise to 
    a point

[[Page 521]]

    of order. It is an absolute violation of the rules of the House 
    governing debate to have remarks interjected without the consent of 
    the gentleman who holds the floor. It certainly does not contribute 
    anything to the dignity of the proceedings of the Committee or the 
    clarification of issues, and I hope gentlemen will observe the 
    rule.
        Mr. Marcantonio: But the gentleman from Texas had yielded to 
    me.
        Mr. [John J.] O'Connor [of New York]: Mr. Chairman, 
    supplementing what the distinguished majority leader has said, 
    there is a bad practice in this House of the stenographer taking 
    down words which are said not under the rules of the House. The 
    Chair should instruct the stenographer not to take down the words 
    used by the gentleman from California in answer to my colleague 
    from New York.

        The Chairman [William L. Nelson, of Missouri]: Under the rule 
    the gentleman holding the floor has the privilege of striking from 
    his remarks such words. [In pursuance of the above ruling Mr. 
    Maverick eliminated certain matter not regarded as relevant to the 
    proceedings.]

Controlling Manner of Address

Sec. 7.3 In preserving order on the House floor, a Speaker or a 
    Chairman of the Committee of the Whole may instruct Members as to 
    the manner by which they may properly address one another in 
    debate.

    On Oct. 24, 1945,(11) Speaker Sam Rayburn, of Texas, 
advised a Member, Mr. John E. Rankin, of Mississippi, as to the manner 
in which a Member should address or make reference to another Member on 
the floor of the House:
---------------------------------------------------------------------------
11. 91 Cong. Rec. 10032, 10033, 79th Con. 1st Sess.
---------------------------------------------------------------------------

        Mr. Rankin: Mr. Speaker, we have just witnessed one of the most 
    ridiculous performances that has taken place in this House since I 
    have been in Congress. These unjustified attacks on the Committee 
    on Un-American Activities, these smear attacks on the Daughters of 
    the American Revolution by the Jewish gentleman from New York [Mr. 
    Celler], have been shocking indeed, to say the least of it.
        Mr. [Emanuel] Celler: Mr. Speaker, I make the point of order 
    that the gentleman is out of order when he refers to me as ``the 
    Jewish gentleman from New York.'' I ask that the words be taken 
    down.
        The Speaker: If the gentleman will allow the Chair, there is 
    one way to refer to a Member of the House of Representatives and 
    that is, ``the gentleman from'' the State from which he comes. Any 
    other appellation is a violation of the rules.
        Mr. Rankin: Mr. Speaker, if he objects to being called a 
    ``Jewish gentleman'' I withdraw it.
        Mr. Celler: Mr. Speaker, I ask that the words be taken down.
        Mr. [Vito] Marcantonio [of New York]: I ask that those words be 
    taken down.
        Mr. Rankin: I am withdrawing the words. I have not the time to 
    argue such matters.
        Mr. Marcantonio: I object to his withdrawing the words. I 
    request that the words be taken down.

[[Page 522]]

        The Speaker: The Chair has already stated the rule with 
    reference to the language of the gentlemen from Mississippi. . . .
        The gentleman from Mississippi [Mr. Rankin] will proceed in 
    order. . . .
        Mr. Rankin: Mr. Speaker, it is exceedingly strange that a man 
    presuming to arrogate to himself the prerogative of speaking for a 
    minority group will rise on this floor and denounce the Daughters 
    of the American Revolution, in the manner the Member from New York 
    [Mr. Celler] did and then raise a protest when he is even referred 
    to as a gentleman of his race.
        Mr. Celler: Mr. Speaker, a point of order.
        The Speaker: The gentleman will state it.
        Mr. Celler: The gentleman by inference and innuendo has simply 
    repeated what he said at the inception of his remarks when he 
    attempted to state that I was a Jewish gentleman. That is the 
    second time he did it by indirection. I think the gentleman should 
    be called to order and cautioned not to repeat that kind of 
    language.
        The Speaker: The gentleman refers to the gentleman, if he 
    referred to him at all, as the member of a minority race. The Chair 
    does not think that is a violation of the rule.
        Mr. Rankin: Mr. Speaker, a parliamentary inquiry. I wish to 
    proceed in order. Does the Member from New York [Mr. Celler] object 
    to being called a Jew or does he object to being called a 
    gentleman? What is he kicking about?
        Mr. Marcantonio: Mr. Speaker, a point of order.
        The Speaker: The Chair desires to make a little statement.
        The Chair trusts that points of order may be properly points of 
    order hereafter, and that a Member before he makes a point of order 
    secures the recognition of the Chair.
        The gentleman from Mississippi will proceed in order, and the 
    Chair trusts that the gentleman from Mississippi understands what 
    the Chair means.

    On Mar. 4, 1936,(12) a Member remarked as follows:
---------------------------------------------------------------------------
 12. 80 Cong. Rec. 3286, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: . . .
        Mr. Chairman, where are we going to head in at? When will we 
    stop this extravagance? I want to say that we have talked about 
    responsibility. Whose responsibility? Whose, Mr. Bankhead? Is it 
    yours or is it the Members of this House?
        Mr. [William B.] Bankhead [of Alabama]: Mr. Chairman, I rise to 
    a point of order.
        The Chairman [William L. Nelson, of Missouri]: The gentleman 
    will state it.
        Mr. Bankhead: Mr. Chairman, I am not sensitive about the 
    matter, but I am a little meticulous about observance of the rules 
    of the House, and it is a direct violation of the rules of the 
    House for a Member to refer directly by name to any Member upon the 
    floor, and I shall have to give the gentleman a little preliminary 
    schooling on the rules of the House and I may add to it a little 
    later on. The gentleman should say, ``The gentleman from Alabama.''
        The Chairman: The Chair confirms the statement of the gentleman 
    from

[[Page 523]]

    Alabama and sustains the point of order.
        Mr. [Byron B.] Harlan [of Ohio]: Mr. Chairman, as an additional 
    point of order and with respect to the same point of order made by 
    the gentleman from Alabama, following parliamentary practice and 
    under the rules of the House, the gentleman should not, from the 
    floor, even address the gentleman from Alabama directly, but should 
    direct all of his remarks to the Chairman or the Speaker.
        The Chairman: The gentleman is correct.

Whom Members May Address

Sec. 7.4 The Chair, in preserving order on the floor of the House, may 
    rule out of order a Member's address to anyone other than the 
    Chair, including the press.

    On Apr. 24, 1963,(13) the colloquy below occurred 
between Mr. Thomas B. Curtis, of Missouri, and the Chairman of the 
Committee of the Whole, Eugene J. Keogh, of New York:
---------------------------------------------------------------------------
13. 109 Cong. Rec. 6892, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Curtis: Mr. Chairman, I want to say to my so-called liberal 
    friends who voted the motion up which closed off debate on such a 
    serious matter that you have clearly demonstrated your concern for 
    the basic civil liberties.
        I would say to the press that this is a good observation----
        Mr. [Ross] Bass [of Tennessee]: Mr. Chairman, I make the point 
    of order that the gentleman is out of order in addressing the press 
    gallery or any other gallery from the floor of the House.
        Mr. Curtis: I am not addressing the press gallery. I am 
    addressing----
        The Chairman: The gentleman from Missouri will suspend. The 
    Chair advises the gentleman that the correct parliamentary 
    procedure is for the gentleman to address the Chair and only the 
    Chair. The gentleman will proceed in accordance with the rules.

Sec. 7.5 It is considered within the authority of the Speaker in 
    preserving order on the floor of the House to interrupt a Member 
    and rule out of order any reference to a person in the House 
    gallery.

    On June 4, 1963,(14) during a Member's remarks, Speaker 
John W. McCormack, of Massachusetts, on his own initiative took action 
to prevent the reference to persons in the gallery of the House.
---------------------------------------------------------------------------
14. 109 Cong. Rec. 10157, 10158, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [William T.] Cahill [of New Jersey]: Mr. Speaker, and my 
    colleagues, as one of the sponsors of this legislation, I have 
    patiently sat on this floor expecting that my friends from that 
    side of the aisle would at least show the courtesy to the minority 
    to be heard. It was my hope that it would not be necessary for me 
    to make any observations at all in order to obtain

[[Page 524]]

    the attention of my friends. Now, I would say that this is not my 
    observation, but I thought the House might like to have the 
    observation of a disinterested, objective observer who was sitting 
    up in the gallery and who happens to be a visitor of mine----
        The Speaker: Reference to anybody in the gallery is not 
    consistent with the rules of the House.
        Mr. Cahill: I beg the Chair's pardon.
        I would say then, may I quote to you the observation of a 
    visitor who told me----
        Mr. [Ross] Bass [of Tennessee]: Mr. Speaker, a point of order. 
    Is the gentleman referring to a visitor in the Chamber, or in the 
    gallery, or a visitor in Washington?
        Mr. Cahill: No; I would say--
        The Speaker: The gentleman will suspend. The gentleman referred 
    to a visitor and it is not the Chair's duty to penetrate his mind.
        Mr. Bass: Mr. Speaker, a parliamentary inquiry.
        The Speaker: Does the gentleman from Minnesota yield to the 
    gentleman from Tennessee to make a parliamentary inquiry?
        Mr. [Clark] MacGregor [of Minnesota]: Mr. Speaker, I yield to 
    the distinguished gentleman from Tennessee for the purpose of his 
    parliamentary inquiry.
        Mr. Bass: Since it is the prerogative of the Members to inquire 
    into the minds of the other Members, may I request of the Member to 
    divulge if this speaker is in the gallery or on the floor?
        The Speaker: The Speaker rules that is not a parliamentary 
    inquiry. . . .

    On July 27, 1954,(15) in a similar situation involving 
Benjamin F. James, of Pennsylvania, Chairman of the Committee of the 
Whole, a Member attempted to refer to a visitor in the House gallery.
---------------------------------------------------------------------------
15. 100 Cong. Rec. 12253, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Walter H.] Judd [of Minnesota]: Mr. Chairman, will the 
    gentleman yield?
        Mr. [Clarence] Cannon [of Missouri]: If the gentleman will 
    permit me, I will finish my statement and then I will be delighted 
    to yield.
        Mr. Judd: My purpose is to call attention to the French nurse 
    who is in the gallery.
        Mr. Cannon: I yield to the gentleman.
        Mr. Judd: Mr. Chairman, I appreciate the gentleman's courtesy 
    in permitting this short interlude. One of the things that always 
    thrills everybody in the world is courage and devotion to duty, 
    especially when under most trying and dangerous circumstances. I 
    appreciate the opportunity to call attention to the presence in our 
    gallery
        The Chairman: The gentleman from Minnesota will suspend. The 
    Chair regrets extremely----
        Mr. Judd: Mr. Chairman, I ask unanimous consent to proceed out 
    of order.
        The Chairman: The gentleman may not proceed out of order for 
    the purpose which he manifestly intends to use the time. The Chair 
    regrets extremely that he must so hold under the rules of procedure 
    of the House. We

[[Page 525]]

    are all conscious of the great heroism of the person to whom the 
    Chair knows that the gentleman wishes to allude, but it is a matter 
    of extreme regret that because of the rules of the House, reference 
    may not be made to anyone in the gallery.
        Mr. Judd: I shall not say anything about the gallery. I shall 
    say she is on the Hill today.
        The Chairman: The Chair greatly regrets that under the rules of 
    procedure of the House, the gentleman must be denied the privilege 
    of introducing anyone in the gallery which, I know, every Member of 
    the House would greatly appreciate in this instance, if it were 
    possible under the rules.
        Mr. Judd: Mr. Chairman, I had no intention of introducing 
    anyone in the gallery. Is it not possible to refer here to persons 
    who are in our country?
        The Chairman: It is not possible to refer to any person in the 
    gallery.
        Mr. Judd: May I not call attention to a most distinguished 
    visitor in our country today?
        The Chairman: The gentleman may refer to one who is in our 
    country.
        Mr. Judd: Well, then, I should like to refer to the 
    distinguished heroine of Dien Bien Phu who we, in the United 
    States, are happy these days to welcome to our shores and to our 
    city, and to pay tribute to her, as a person whose heroism is 
    acclaimed by all, and as a symbol of all women of the world who in 
    times of great crisis and peril are faithful to their duty, 
    particularly that of ministering to men wounded in the defense of 
    freedom. We pay tribute to her wherever she may be in our country 
    at the present moment.

Enforcing Floor Privileges

Sec. 7.6 The Speaker has within his authority the enforcement of the 
    privileges of the floor of the House, including times when there is 
    held a joint session of Congress in the House Chamber.

    On Jan. 7, 1964,(16) Speaker John W. McCormack, of 
Massachusetts, made an announcement with respect to the privileges of 
the floor during a joint session of the Congress.
---------------------------------------------------------------------------
16. 110 Cong. Rec. 6, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make an announcement. After 
    consultation with the majority and minority leaders, and with their 
    consent and approval, the Chair announces on Wednesday, January 8, 
    1964, the date set for the joint session to hear an address by the 
    President of the United States, only the doors immediately opposite 
    the Speaker and those on his left and right will be open. No one 
    will be allowed on the floor of the House who does not have the 
    privileges of the floor of the House.

Controlling Reference to Senators

Sec. 7.7 In preserving order on the House floor, a Chairman of the 
    Committee of the Whole may interrupt a Member to rule out of order 
    any reference to a Member of the Senate.

[[Page 526]]

    On May 25, 1937,(17) a Member spoke as follows in the 
Committee of the Whole:
---------------------------------------------------------------------------
17. 81 Cong. Rec. 5013, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Alfred F.] Beiter [of New York]: . . .
        Mr. Chairman, I have letters here from Members of the Senate 
    saying they are in sympathy with this movement. If you will permit 
    me, I will read a letter from Senator Murray, in which he says----
        The Chairman [John J. O'Connor, of New York]: The Chair, on its 
    own responsibility, makes the point of order against the reading of 
    a letter from a Member of another body.

Sec. 7.8 In preserving order on the House floor, a Speaker pro tempore 
    enforces the rule that in debate a Member may not directly nor 
    indirectly refer to a Senator or to a speech made by a Senator even 
    though the speech was not made in the Senate Chamber.

    On May 2, 1941,(18) a point of order was raised:
---------------------------------------------------------------------------
18. 87 Cong. Rec. 3536, 3537, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a point of 
    order.
        The Speaker Pro Tempore [Fadjo Cravens, of Arkansas]: The 
    gentleman will state it.
        Mr. Keefe: Mr. Speaker, the gentleman in the address he has 
    just made has on repeated occasions made reference to Senator 
    Wheeler of Montana. I am not making this point of order in defense 
    of Senator Wheeler or anybody else but in an effort to preserve 
    what I understand to be the rules of this House. I make the point 
    of order that the gentleman is out of order and is proceeding in 
    violation of the rules of the House when he refers either 
    contemptuously or in a complimentary manner to a Member of another 
    body. I believe the gentleman's remarks should be deleted in those 
    aspects in which he has thus referred to the Senator from Montana 
    in order that we may preserve the plain mandate of the rules of 
    this House.
        The Speaker Pro Tempore: The point of order is sustained.
        The gentleman from Wisconsin will proceed in order.
        Mr. [Thaddeus F. B.] Wasielewski [of Wisconsin]: Mr. Speaker, 
    the speech I have prepared here has wholly to do with the talk 
    given by Senator Wheeler. Is it permissible to merely make 
    reference to him as the senior Senator from Montana?
        The Speaker Pro Tempore: Under the rules of the House, it is a 
    violation of the rules to refer to a Senator of the United States 
    in any such fashion. Under the rules of the House the gentleman 
    should refrain from such remarks as those and proceed in order. . . 
    .
        Mr. Wasielewski: Mr. Speaker, I ask unanimous consent at this 
    time to revise and extend my remarks to conform with the House 
    rules. I offer my profoundest regrets and apology if I have in any 
    way violated the rules of the House. I did not realize that the

[[Page 527]]

    House rule also covered statements made by Members of Congress 
    outside the Capitol halls.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, reserving 
    the right to object, the gentleman asks to revise and extend his 
    remarks in accordance with the rules of the House?
        Mr. Wasielewski: That is right.
        Mr. Michener: And the gentleman will not include in his 
    extension those things that violate the rules and to which 
    objection has been made?
        Mr. Wasielewski: That is right. . . .

        Mr. [John M.] Vorys of Ohio: Mr. Speaker, pursuing my 
    parliamentary inquiry, and reserving the right to object, what I 
    wanted to know is this--and whether it applies to this speech or 
    not is not the point. Can an attack be made upon a Member of this 
    House or a member of another body merely by referring to the person 
    indirectly, so long as the Member is clearly identified and the 
    matter consists of an attack upon something he has said or done?
        The Speaker Pro Tempore: Under the rules of the House the 
    gentleman is not permitted to do indirectly what he cannot do 
    directly. Consequently the point of order was sustained upon the 
    theory that there had been an unintentional violation of the rules 
    of the House. The gentleman now asks unanimous consent that he may 
    be permitted to revise and extend his remarks. Is there objection?
        There was no objection.

Controlling References to Members

Sec. 7.9 It is considered within the authority of the Chair in 
    preserving order on the floor of the House to rule out of order 
    words spoken in debate referring to another Member in an 
    unparliamentary manner.

    On July 2, 1935,(19) the debate below took place in the 
House, Speaker Joseph W. Byrns, of Tennessee, presiding:
---------------------------------------------------------------------------
19. 79 Cong. Rec. 10670, 10671, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Maury] Maverick [of Texas]: I have not the parliamentary 
    experience and ability to get up here and beat the parliamentary 
    rules; but I do say I hope the House passes the resolution, and I 
    do not believe a word the gentleman from Maine [Mr. Brewster] said. 
    . . .
        Mr. [Ralph O.] Brewster: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Maine 
    rise?
        Mr. Brewster: I rise to ask whether it is possible for the 
    gentleman from Texas to challenge my word on the floor of this 
    House without having his words taken down. I rose immediately the 
    words were uttered, and it seems to me nothing could transcend such 
    a proposition. If that is not possible, it transcends my conception 
    of parliamentary procedure.
        The Speaker: To what words does the gentleman object?
        Mr. Brewster: He said, as I understood him, that he did not 
    believe a word I had uttered.
        The Speaker: The Chair would state to the gentleman that the 
    Chair does

[[Page 528]]

    not think that implies that the gentleman uttered an untruth. That 
    was the opinion of the gentleman from Texas, but not necessarily 
    the opinion of anyone else, and the Chair does not understand that 
    there is any question of privilege involved in the remarks uttered.
        Mr. Brewster: May I ask that the words be taken down?
        The Speaker: The gentleman could have done that----
        Mr. [William D.] McFarlane [of Texas]: Mr. Speaker, a point of 
    order.
        The Speaker: The Chair is trying to rule on a point of order 
    now, if the gentleman will permit the Chair to do so.
        Mr. McFarlane: I wanted to make my point of order before the 
    Chair rules.
        The Speaker: The gentleman from Texas made the statement, but 
    that does not necessarily imply that the gentleman from Maine 
    intentionally made a misstatement on his own part. He simply said 
    he did not believe it, but this did not necessarily imply that the 
    gentleman from Maine intentionally made a misstatement. What the 
    gentleman from Texas said may be construed as meaning that the 
    gentleman from Maine was merely mistaken in his conclusions, and 
    that the gentleman did not deliberately make a false statement. So 
    the Chair fails to see where any question of privilege is involved 
    in the statement. Of course, if the gentleman wishes to make his 
    own statement about it, he can do so with the permission of the 
    House.

    On Mar. 16, 1939,(20) debate took place in the Committee 
of the Whole as follows:
---------------------------------------------------------------------------
20. 84 Cong. Rec. 2871, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Lee G.] Geyer of California: . . . I see in the balcony 
    some young people, some school people, who have come here to watch 
    their Representatives in session. I am anxious that they get a 
    proper idea concerning this great body.
        I have heard the gentleman from Wisconsin, the man who made 
    Milwaukee famous, stand upon this floor a good many times. He is an 
    estimable gentleman. I like him very much when he is not in the 
    well of this House. I have seen him come out with a hand that only 
    he possesses, a hand like a ham, and grasp this [microphone] until 
    it groaned from mad torture. I have seen him come on the floor and 
    stamp up and down like a wild man.
        Mr. [John] Taber [of New York]: Mr. Chairman, I demand that the 
    gentleman's words be taken down.
        The Chairman [Frank H. Buck, of California]: The gentleman from 
    New York demands that the words of the gentleman be taken down. The 
    gentleman from California will take his seat.
        The gentleman from New York will indicate to the Clerk the 
    words objected to.
        Mr. Taber: ``Stamping like a wild man'' and ``a hand like a 
    ham.''
        Mr. [John C.] Schafer of Wisconsin: Mr. Chairman, as far as I 
    am concerned, I am not objecting to the words. I will handle him at 
    a later date.
        Mr. Taber: I believe the integrity of the rules of the House 
    should be preserved.
        The Chairman: The Clerk will report the words taken down at the 
    request of the gentleman from New York.

[[Page 529]]

        The Clerk read as follows:

            I have seen him come on the floor and stamp up and down 
        like a wild man.

        Mr. Taber: Mr. Chairman, there were some other words about ``a 
    hand like a ham.''
        The Chairman: The Clerk will report the additional words. . . . 
    The Committee will rise.
        Accordingly the Committee rose; and the Speaker . . . resumed 
    the chair . . .
        The Speaker [William B. Bankhead, of Alabama]: The Clerk will 
    report the words objected to in the Committee of the Whole House on 
    the state of the Union. . . .
        The rule governing situations of this character provides as 
    follows:

                           Of Decorum and Debate

            When any Member desires to speak or deliver any matter to 
        the House he shall rise and respectfully address himself to 
        ``Mr. Speaker,'' and, on being recognized, may address the 
        House from any place on the floor or from the Clerk's desk, and 
        shall confine himself to the question under debate, avoiding 
        personality.

        The words objected to and which have been taken down and read 
    from the Clerk's desk very patently violate the rule, because the 
    words alleged do involve matters of personal reference and 
    personality.

    On Dec. 20, 1943,(1) debate took place as follows in the 
House, Speaker pro tempore John W. McCormack, of Massachusetts, 
presiding:
---------------------------------------------------------------------------
 1. 89 Cong. Rec. 10922, 10923, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Adoph J.] Sabath [of Illinois]: Mr. Speaker, the original 
    bill in the last Congress was introduced by the gentleman from West 
    Virginia [Mr. Ramsey] and finally approved by the secretaries of 
    the various States who sent a delegation down here. It was opposed 
    then by the gentleman from Mississippi [Mr. Rankin]; nevertheless, 
    the vast majority of the Members voted for it. The present bill 
    that the gentleman from Mississippi charges was written by someone, 
    he does not know whom, was introduced by me. . . .
        I said that I did not care whether it was my bill, his bill, or 
    any bill [when I appeared before the committee]; but that it should 
    be a bill that will give them the right to vote and not a bill that 
    will deprive them of that great privilege as the gentleman from 
    Mississippi is trying to do.
        Mr. [John E.] Rankin: Mr. Speaker, I demand that those words be 
    taken down. I make the point of order that his statement is false 
    and slanderous. I demand that those words be taken down.
        Mr. Sabath: I demand that those words be taken down. . . .
        The Speaker Pro Tempore: The Chair has instructed that the 
    words demanded to be taken down be read, and when they are ready 
    the Clerk will report them.
        The Clerk read as follows:

            Mr. Sabath: I said I did not care whether it was my bill, 
        his bill, or any bill, but a bill that will give them the right 
        to vote and not a bill that will deprive them of that great 
        privilege as the gentleman from Mississippi is trying to do.

[[Page 530]]

        Mr. Rankin: Mr. Speaker, I make the point of order that those 
    words violate the rules of the House, and, so far as my denouncing 
    them as false is concerned, I am clearly within the rules of the 
    House, as has been demonstrated here and pointed out time and time 
    again.
        When any Member rises on the floor and makes a false statement, 
    any other Member has the right to say that that statement is false; 
    and when that statement is slanderous, any gentleman is within the 
    rules of the House when he says so.
        Mr. Sabath: Mr. Speaker, I do not think it is necessary for me 
    to answer the gentleman from Mississippi.
        Mr. [Ralph E.] Church [of Illinois]: Mr. Speaker, the regular 
    order.
        Mr. Sabath: His own statement shows he is wrong.
        The Speaker Pro Tempore: The Chair is prepared to rule. There 
    are several ways of averting a ruling on this matter, but the Chair 
    is prepared to rule, neither gentleman having asked unanimous 
    consent that the remarks be withdrawn. . . .
        The Chair feels that the question is very close to the line, 
    but does transgress the rules when the gentleman from Illinois used 
    the words ``deprive them'' in that those words tend to impugn the 
    motives of the gentleman from Mississippi. . . .
        So far as the remarks made by the gentleman from Mississippi 
    are concerned, the Chair has no difficulty in ruling that those 
    words clearly transgress the rules of the House, and the Chair so 
    rules on both statements made, taken down, and reported by the 
    Clerk.

    On Jan. 31, 1946,(2) debate took place as follows:
---------------------------------------------------------------------------
 2. 92 Cong. Rec. 675, 676, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Emanuel] Celler [of New York]: I wish, if I may be 
    permitted, to answer my own question. The Case bill does return to 
    those very dark and murky days; and, to quote the Bible, ``as a dog 
    returneth to his vomit, so a fool returneth to his folly.''
        Mr. [Clark E.] Hoffman [of Michigan]: Now, wait a minute. Mr. 
    Chairman, I object to those words. I ask that those words be taken 
    down as unparliamentary language.
        Mr. Celler: But I quoted the Bible.
        The Chairman [Frank L. Chelf, of Kentucky]: What words does the 
    gentleman object to?
        Mr. Hoffman: Where he said we would be like a dog returning to 
    his vomit if we defeated this bill.
        Mr. Cellar: I said the Case bill. That is a quotation from the 
    Bible
        Mr. Hoffman: The gentleman can quote more Scripture to his 
    purpose than anyone else.
        The Chairman: The Chair rules this all out of order. The Clerk 
    will take down the words objected to.
        Mr. Celler: Mr. Chairman, I demand that the words of the 
    gentleman from Michigan be taken down. He said I quoted Scripture 
    to my own purpose, like the devil.
        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I rise to 
    a point of order. When a demand is made to take down a Member's 
    words, that Member has no right to the floor until the matter has 
    been settled.

[[Page 531]]

        The Chairman: All gentlemen will take their seats. . . .
        The Committee will rise.
        Accordingly, the committee rose; and The Speaker . . . resumed 
    the chair.
        The Speaker [Sam Rayburn, of Texas]: The Clerk will report the 
    words objected to. . . .
        The Chair does not know all that happened before the language 
    objected to was used, but the name of no Member is mentioned. In 
    the words taken down the gentleman was giving his opinion of a 
    measure before the House. The Chair would be compelled to hold that 
    the language is not unparliamentary.

Controlling References to Nonmembers

Sec. 7.10 In preserving order in the House, the Chair determines 
    whether words taken down, as reported by the Committee of the 
    Whole, are out of order before further business is undertaken.

    On Jan. 18, 1930,(3) during a debate on the enforcement 
of legislation regulating the sale of alcoholic beverages, the 
following remarks were made:
---------------------------------------------------------------------------
 3. 72 Cong. Rec. 1905-07, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William I.] Sirovich [of New York]: I personally believe 
    in the rigid enforcement of the prohibition law. I want every wet 
    and dry to respect it in this country; but does not the gentleman 
    believe that when a coast guard finds a man violating the 
    prohibition law and the man flees, or he shoots at him, he should 
    shoot two or three times above him and beside him and around him to 
    show that the Government is sincere, and then, if he does not stop, 
    to enforce the law as it should be enforced? . . .
        Mr. [Carroll L.] Beedy [of Maine]: I know that no warning gun, 
    if the gentleman is referring to the Black Duck incident, was fired 
    before the gun was fired which resulted in the loss of life. . . .
        Mr. [Fiorello H.] LaGuardia [of New York]: The gentleman knows 
    that that is just the difficulty. The moment the Government officer 
    does act that way he is removed from the state court and brought 
    before one of our own commissioners and then discharged. That is 
    the difficulty.
        Mr. [Charles H.] Sloan [of Nebraska]: That is a distinct charge 
    against the judicial system of this country, which is not valid.
        Mr. [Adolph J.] Sabath [of New York]: It is true. Instead of 
    being prosecuted, he is being defended by the district attorneys in 
    each and every instance.
        Mr. Sloan: I challenge the gentleman's general charge against 
    the integrity of the courts of the United States.
        Mr. Beedy: Mr. Chairman, I rise to a point of order.
        The Chairman [Bertrand H. Snell, of New York]: The gentleman 
    will state it.

        Mr. Beedy: I ask that the remarks of the gentleman from 
    Illinois be taken down. . . .
        The Chairman: The Clerk will read the words taken down.

[[Page 532]]

        The Clerk read as follows:
        Mr. Sabath: It is true. Instead of being prosecuted he is being 
    defended by district attorneys. . . .
        Accordingly the Committee rose; and the Speaker pro tempore 
    [Mr. Tilson] . . . resumed the Chair. . . .
        Mr. [William B.] Bankhead [of Alabama]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore [John Q. Tilson, of Connecticut]: The 
    gentleman will state it.
        Mr. Bankhead: As I understand the rule, when the procedure has 
    gone as far as it has in this instance, under the rule it is the 
    primary duty of the Speaker, before any further procedure can be 
    taken, to determine whether or not the words so reported are in 
    themselves out of order.
        The Speaker Pro Tempore: The Chair is ready to rule.
        Mr. Beedy: Mr. Speaker, they are not all the words I asked to 
    be taken down.
        The Speaker Pro Tempore: The Chair can only rule on the words 
    reported to the House by the Chairman of the Committee of the Whole 
    House.
        The present occupant of the Chair can see nothing 
    objectionable, from a parliamentary standpoint, in the remarks 
    reported.
        The Committee will resume its session.

Sec. 7.11 It is considered within the authority of the Speaker in 
    preserving order on the House floor to rule on whether words spoken 
    in reference to persons other than present Members are 
    unparliamentary.

    On Nov. 15, 1945,(4) debate took place in the House as 
follows:
---------------------------------------------------------------------------
 4. 91 Cong. Rec. 10735, 10736, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Andrew J.] Biemiller [of Wisconsin]: Mr. Speaker, it is 
    now more than 6 months since VE-day and more than 3 months after 
    VJ-day. Six months ago, we expected when this happy event arrived 
    we would see an immediate rush to peacetime activities, giving jobs 
    to former war workers and soldiers, making things we all 
    need. . . .
        Yet, some of our people are so misinformed they cry Communist 
    at every measure with the slightest touch of liberalism, at every 
    person who has had a new idea since 1860. In so doing, they bring 
    more opprobrium on themselves than on the cause or the individuals 
    they attack. The gentleman from Mississippi, for instance, is well 
    known for his ability to see a Communist in every woodpile. Only 
    the other day it was reported in the Pathfinder magazine for 
    October 31 that he stated at a committee hearing that he regarded 
    Abraham Lincoln as a Communist.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a point of 
    order. I called the Pathfinder up and they apologized and said that 
    the man who wrote that took my statement and reversed it. When the 
    leader of the Communist Party, William Z. Foster, talked about 
    Lincoln as being a Communist, I said, ``As a Southern Democrat, I 
    resent your branding Abraham Lincoln as a Communist.'' Now, please

[[Page 533]]

    do not get your information from those Communists about me but stay 
    by the record while you are discussing me on this floor.
        Mr. Biemiller: Mr. Speaker, I am delighted to have the record 
    show there is at least one liberal in the past century that Mr. 
    Rankin does not consider as a Communist.
        Mr. Rankin: Mr. Speaker, I demand that those words be taken 
    down. . . .
        The Speaker: [Sam Rayburn, of Texas]: The Clerk will report the 
    words the gentleman from Mississippi has demanded be taken down. . 
    . .
        Mr. Rankin: Mr. Speaker, I would like to be heard on the point 
    of order.
        The Speaker: This is not a point of order. These are words 
    taken down on the demand of the gentleman from Mississippi.
        The Chair does not find anything in the language that is 
    contrary to the rules of the House or is unparliamentary.
        Mr. Rankin: Mr. Speaker, the point of order is this: That, 
    taken in the light of his previous statements, where he falsely 
    accused me of making a statement with reference to Abraham Lincoln 
    that was exactly opposite from what I did say, his utterance was a 
    violation of the rules of the House.
        The Speaker: Even if the gentleman had given his opinion that 
    Mr. Lincoln was a Communist, that would not have been a violation 
    of the rules of the House.

Controlling Reading of Papers

Sec. 7.12 In preserving order on the House floor, the Speaker puts the 
    question to the House when objection is heard to a unanimous-
    consent request to allow a Member to read papers on the floor.

    On Oct. 24, 1945,(5) a Member attempted to read some 
papers to the house:
---------------------------------------------------------------------------
 5. 91 Cong. Rec. 10031, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Hugh] De Lacy [of Washington]: Mr. Speaker, the gentleman 
    from New York has made a very able statement of some of the general 
    issues involved in this discussion today. I would like to discuss 
    some aspects of the freedom of the air.
        When the House Committee on Un-American Activities requested 
    the scripts of certain American radio commentators--
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a point of 
    order.
        The Speaker: [Sam Rayburn, of Texas]: The gentleman will state 
    it.
        Mr. Rankin: A Member who has the floor has to get unanimous 
    consent to read. Now they can all read that stuff in the papers 
    tomorrow. I read it this morning. I make the point of order that he 
    has no right to get up here and read that stuff and take up the 
    time of the Congress without unanimous consent.
        The Speaker: If anybody objects to the reading, the question 
    can be put to the House and the House can decide.

        Mr. Rankin: I object to its reading. It has all been 
    distributed and everybody is familiar with it.
        The Speaker: The question is, Shall the gentleman from 
    Washington be permitted to read the statement?

[[Page 534]]

        The question was taken; and the Speaker announced that the ayes 
    had it.
        The Speaker: The gentleman from Washington may proceed.

Controlling Members' Floor Movements

Sec. 7.13 In preserving order on the House floor, the Chair may rule a 
    Member out of order when he stands by or walks about another Member 
    who has the floor in debate.

    On Mar. 5, 1936,(6) debate took place in the Committee 
of the Whole as follows:
---------------------------------------------------------------------------
 6. 80 Cong. Rec. 3376, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas L.] Blanton [of Texas]: Mr. Chairman, I rise in 
    opposition to the amendment. If our friend from Washington [Mr. 
    Zioncheck] had looked up the data on this bill and the hearings he 
    would not have offered the amendment or made his speech. In the 
    first place, instead of being $60,000 for lights, he will find it 
    is only $25,000, and page 37 of the estimates shows that.
        Mr. Zioncheck rose.
        Mr. Blanton: I do not want to be interrupted.
        Mr. [Marion A.] Zioncheck [of Washington]: I am not asking the 
    gentleman to yield.
        Mr. Blanton: I do not want to be interrupted, and I ask the 
    Chair to rule whether or not the gentleman from Washington is in 
    order.
        Mr. Zioncheck: I am not asking the gentleman to yield. I am 
    just standing here doing nothing. Has the gentleman got a complex?
        Mr. Blanton: Will the Chair rule whether or not the gentleman 
    is in order.
        The Chairman [William L. Nelson, of Missouri]: He is not in 
    order.
        Mr. Zioncheck: Mr. Chairman, a point of order.
        The Chairman: Will the gentleman kindly take his seat?
        Mr. Zioncheck: Mr. Chairman, a point of order.
        The Chairman: The gentleman will state it.
        Mr. Zioncheck: I was doing nothing; he brings this up; and I 
    think the Chair cannot rule on something which does not exist.
        The Chairman: The Chair rules that the gentleman from 
    Washington must be in his seat when the other gentleman has the 
    floor.
        Mr. Zioncheck: In other words, I am supposed to sit down?
        The Chairman: Yes.

Sec. 7.14 In preserving order on the House floor, the Chair may rule 
    that a Member is out of order if, when propounding a question to a 
    Member speaking from the well of the House, he does so from the 
    well rather than from the House seats.

    On Mar. 7, 1957,(7) debate took place in the Committee 
of the Whole as follows:
---------------------------------------------------------------------------
 7. 103 Cong. Rec. 3268, 85th Cong. 1st Sess.

---------------------------------------------------------------------------

[[Page 535]]

        Mr. August H. Andresen [of Minnesota]: I do not want to yield 
    for a speech.
        Mr. [George H.] Christopher [of Missouri]: I did not come down 
    to heckle the gentleman.
        Mr. August H. Andresen: I will yield for a question, but I 
    refuse to yield for a speech.
        Mr. Christopher: I would like to ask a question.
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Chairman, a point of 
    order.
        The Chairman [Brooks Hays, of Arkansas]: The gentleman will 
    state it.
        Mr. Hoffman: I ask that the well be cleared.
        The Chairman: The gentlemen from Michigan makes a point of 
    order that the well should be cleared. The gentleman will step back 
    to the seats to ask his question.
        Mr. Christopher: I want to ask a question about the 51 million 
    acre base.
        Mr. Hoffman: Mr. Chairman, I insist on my point of order.
        The Chairman: The gentleman from Missouri will suspend. We want 
    to comply strictly with the rules. The gentleman will stand back 
    out of the well, please while the question is propounded.

Controlling Distribution of 
    Materials

Sec. 7.15 The Speaker, in preserving order on the House floor, may stop 
    the distribution to Members of copies of House bills with a 
    Member's memoranda attached thereto.

    On Aug. 16, 1935,(8) a parliamentary inquiry was 
addressed to Speaker Joseph W. Byrns, of Tennessee:
---------------------------------------------------------------------------
 8. 79 Cong. Rec. 13433, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Claude A.] Fuller [of Arkansas]: Mr. Speaker, I rise to a 
    parliamentary inquiry. I just sent a page for the bill under 
    consideration, H.R. 9100, and received the copy which I have in my 
    hand. At the top of the bill, pasted onto it is a pink slip, and on 
    that pink slip in typewriting are the words:

            Bituminous-coal as amended and reprinted--controversial 
        phases largely eliminated. Two-thirds of tonnage output 
        operators favor bill, and more than 95 percent of labor.

        My inquiry is to know whether it is proper for anybody to paste 
    such a thing as that on a document of the House and whether it is 
    proper for it to be circulated in the House. This is the first time 
    in my experience that I have ever seen any advertisement on an 
    official document or bill pending in the House. I rise for the 
    purpose of ascertaining how it came there and whether or not it is 
    proper to be on this bill.

        The Speaker: The Chair has no information on the subject. Where 
    did the gentleman get his copy of the bill?
        Mr. Fuller: From a page. I send this copy to the desk so that 
    the Speaker may examine it.
        Mr. [J. Buell] Snyder [of Pennsylvania]: I can tell the 
    gentleman how that came there.
        The Speaker: The gentleman may state.

[[Page 536]]

        Mr. Snyder: Mr. Speaker, I had so many of these bills sent to 
    my office, and with my secretarial help we wrote those words on 
    that pink slip and pasted the slip on the bill. That is how that 
    happens to be there. I sent copies of these bills with the slip on 
    them to those interested and sent some of them to the desk back 
    here, to be handed out upon request. It is altogether fitting and 
    proper that I should do so. . . .
        The Speaker: The Chair knows of no rule or authority for 
    inserting a statement like that to which the gentleman has called 
    attention on a bill, and the Chair instructs the pages of the House 
    not to distribute any more bills carrying this sort of inscription 
    to Members on the floor of the House.

Controlling Use of the Hall

Sec. 7.16 It is considered within the authority of the Speaker to rule 
    that Members may not use the Chamber of the House to entertain 
    groups of people.

    On Feb. 14, 1955,(9) Speaker Sam Rayburn, of Texas, made 
the following statement:
---------------------------------------------------------------------------
 9. 101 Cong. Rec. 1512, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a statement on the use 
    of the Hall of the House of Representatives. . . .
        A great many Members have asked the Parliamentarian and the 
    present occupant of the chair about the use of the Hall of the 
    House of Representatives. At any time in the future when any Member 
    desires to entertain a group except Members of the House of 
    Representatives it will be held that the caucus room is open for 
    that purpose, but not the Hall of the House of 
    Representatives.(10)
---------------------------------------------------------------------------
10. As to the Hall of the House, see Ch. 4, supra.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                             A. THE SPEAKER
 
Sec. 8. Preserving Order in the House Galleries

    The Speaker's jurisdiction, duties, and powers to preserve order in 
the House galleries are derived from the House rules and precedents. 
This section gives examples of both.(11)
---------------------------------------------------------------------------
11. See Ch. 4, supra, for fuller treatment of the Speaker's control of 
        the House galleries.
---------------------------------------------------------------------------

    Under House rules the Speaker has control of the order and decorum 
of the House galleries,(12) the allocation of space in and 
the issuance of passes to the galleries,(13) and the 
regulation of the press galleries.(14)
---------------------------------------------------------------------------
12. Rule I clause 2, House Rules and Manual Sec. 622 (1973).
13. Rule XXXIII, House Rules and Manual Sec. 922 (1973).
14. Rule XXIV clauses 2 and 3, House Rules and Manual Sec. Sec. 930 and 
        930a (1973).
---------------------------------------------------------------------------

    The Speaker has ordered an offending visitor out of the House

[[Page 537]]

galleries(15) and has had all of the galleries 
cleared.(16) The Speaker has prescribed the manner of 
obtaining admission to the galleries(17) and has admonished 
visitors about improper demonstrations.(18)
---------------------------------------------------------------------------
15. See Sec. 8.4, infra.
16. See Sec. Sec. 8.2, 8.5, infra.
17. See Sec. 8.1, infra.
18. See Sec. 8.3, infra.
---------------------------------------------------------------------------

    The Speaker has also directed the press gallery to report to him, 
after an infraction of regulations, what remedial measures it would 
take to prevent future infractions.(19)
---------------------------------------------------------------------------
19. See Sec. 8.6, infra.                          -------------------
---------------------------------------------------------------------------

Controlling Admission to 
    Gallery

Sec. 8.1 It is considered within the authority of the Speaker to 
    regulate the manner by which guests may be permitted to enter the 
    House gallery.

    On Feb. 23, 1942,(20) Speaker Sam Rayburn, of Texas, 
spoke concerning his responsibility for the protection of the Members 
of the House:
---------------------------------------------------------------------------
20. 88 Cong. Rec. 1524, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: One of the responsibilities of the Speakership is 
    the protection of the Members and the places in which they work. 
    This responsibility, of course, is a little more anxious one right 
    now than in ordinary times, and anything that is done or any 
    regulation that is issued is issued after the best and most 
    competent advice the Speaker is able to get.
        Some time ago cards were issued and no one was allowed to come 
    into the gallery without one. These cards have been outstanding for 
    some time, and I am sorry to say they have been widely distributed, 
    many of them 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 the galleries. New cards have 
    been printed and will be distributed to the Members today and 
    tomorrow, as the cards to the gallery outstanding will not be 
    honored after Wednesday morning. . . .
        Another thing that those who advise me think is highly 
    advisable is that the people entering any of the galleries, except 
    the Members' gallery, submit themselves to search. This is thought 
    wise and judicious by men who will be in the Capitol and who will 
    be competent for the work.
        I hope this may not seem too irksome to some of our people who 
    may come to Washington. I am willing to take this responsibility 
    for the reason that if a mishap occurs around the Capitol somebody 
    has got to take the responsibility, and I am willing to share my 
    part of it. So I hope the cards that will be issued in lieu of 
    those outstanding may be handed in Washington to visitors and 
    constituents of yours and not be mailed around the country.

[[Page 538]]

Sec. 8.2 It is considered within the authority of the Speaker not to 
    permit visitors in the House galleries under certain circumstances.

    On May 10, 1972,(1) Speaker Carl Albert, of Oklahoma, 
made the following announcement:
---------------------------------------------------------------------------
 1. 118 Cong. Rec. 4331, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a statement.
        The Chair has received intelligence from the police force and 
    other responsible authorities that there will be disturbances in 
    the gallery today. On the basis of this information and their 
    recommendation the Chair has ordered that the galleries be closed 
    to the public for the time being.

Controlling Visitor Behavior

Sec. 8.3 It is considered within the authority of the Chair to admonish 
    visitors concerning the proper behavior in the House galleries.

        On July 31, 1969,(2) a point of order was raised 
    concerning the behavior of visitors in the House gallery.
---------------------------------------------------------------------------
 2. 115 Cong. Rec. 21634, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Moss [Jr., of California]: Mr. Chairman, I make 
    the point of order that the galleries are not in order and that the 
    applause is in violation of the rules of the House and must stop.
        The Chairman [Chet Holifield of California]: The point of order 
    is well taken.
        The Chair will state that visitors in the gallery are guests of 
    the House of Representatives. Under the rules and practices of the 
    House of Representatives, visitors in the gallery are not permitted 
    to make undue noise or to applaud or to in any way show their 
    pleasure or displeasure as to the actions of the Members of the 
    House.

Sec. 8.4 The Speaker may order the removal of a person who is taking 
    pictures of the House from the gallery without permission of the 
    House.

    On Feb. 22, 1950,(3) Speaker Sam Rayburn, of Texas, made 
the following statement:
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 2152, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair understands there is a camera in the 
    gallery. Whoever has that camera will remove the camera or remove 
    themselves and the camera immediately. That is a violation of the 
    rules of the House.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        In that case, is it not the rule to clear the gallery?
        The Speaker: Not necessarily.
        Mr. Rankin: To clear them of those who are violating the law.
        The Speaker: The Chair has just made that 
    suggestion.(4)
---------------------------------------------------------------------------
 4. Parliamentarian's Note: In this in stance the Doorkeeper of the 
        House confiscated the film.
---------------------------------------------------------------------------

Sec. 8.5 It is considered within the authority of the Speaker

[[Page 539]]

    to clear the House galleries in the case of disorderly 
    conduct.(5)
---------------------------------------------------------------------------
 5. See Rule I clause 2, House Rules and Manual Sec. 622 (1973).
---------------------------------------------------------------------------

    On Jan. 18, 1972,(6) the following point of order was 
raised:
---------------------------------------------------------------------------
 6. 118 Cong. Rec. 92d Con. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I demand that 
    the gallery be cleared.
        The Speaker: [Carl Albert, of Oklahoma]: The Chair will not 
    tolerate demonstrations of approval or disapproval in the 
    galleries.
        Mr. Hall: Mr. Speaker, I make a point of order that our guests 
    and those in the galleries are not in order. I request that the 
    gallery be cleared.
        The Speaker: The gentleman's point is well taken. The gallery 
    will be cleared

Controlling Press Galleries

Sec. 8.6 It is considered within the authority of the Speaker, in 
    preserving order in the House galleries, to direct each of the 
    press galleries to report to him about what remedial actions will 
    be taken to prevent infractions of the House rules regarding the 
    taking of photographs of the House in session.

    On Jan. 6, 1969,(7) Speaker John W. McCormack, of 
Massachusetts, addressed the press galleries:
---------------------------------------------------------------------------
 7. 115 Cong. Rec. 145, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair is troubled over the flagrant violation 
    by some of the news media of the restrictions on the taking of 
    pictures during the organization of the House on last Friday.
        All segments of the news media were thoroughly familiar with 
    the rules that taking any pictures--still, moving, TV, or tape--are 
    prohibited except during the period when the [flood] lights are 
    turned on.
        Some members of the news media who were granted the privilege 
    of attending the opening session of the 91st Congress and permitted 
    to bring their cameras into the galleries ignored the restrictions 
    in complete violation of the agreement upon which they were 
    admitted.
        The Chair is calling this matter to the attention of the news 
    media galleries and will expect a report from each on the action 
    taken by them with respect to the violations of the regulations as 
    well as to what provisions they are making to prevent such 
    violations in the future.

[[Page 540]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 9. Introductory


    This subchapter deals with the ``Speaker pro 
tempore,''(8) the meaning of the phrase and the general 
nature of the office,(9) the oath and term of 
office,(10) and the procedures involved in appointing him to 
office.(11)
---------------------------------------------------------------------------
 8. For previous treatment of the Speaker pro tempore see 6 Cannon's 
        Precedents Sec. Sec. 263-282; 2 Hinds' Precedents 
        Sec. Sec. 1377-1418; and references thereunder.
 9. See Sec. 10, infra.
10. See Sec. 11, infra.
11. See Sec. Sec. 12-14 infra.
---------------------------------------------------------------------------

    Throughout, emphasis is placed on the status of the office of 
Speaker pro tempore and on those duties, powers, and functions assumed 
by a Speaker pro tempore from a Speaker that are peculiar to the office 
of Speaker pro tempore. The responsibilities and functions undertaken 
by a Speaker pro tempore merely as the occupant of the Chair, and which 
are not peculiar to his office, are found more thoroughly described 
elsewhere in this work.
    Examples of responsibilities and functions that are within the 
scope of authority of a Speaker pro tempore, but which are not peculiar 
to the office, are: announcing a Presidential veto;(12) 
announcing requests from the Senate;(13) deciding protocol 
for joint sessions;(14) answering parliamentary inquiries of 
various kinds;(15) proceeding to unfinished 
business;(16) putting the question in various 
situations;(17) quorum counting;(18) and ruling 
on points of order.(19)
---------------------------------------------------------------------------
12. 112 Cong. Rec. 22411, 89th Cong. 2d Sess., Sept. 13, 1966.
13. 107 Cong. Rec. 21453, 87th Cong. 1st Sess., Sept. 26 [legislative 
        day, Sept. 25], 1961; 107 Cong. Rec. 20822, 87th Cong. 1st 
        Sess., Sept. 22, 1961; 107 Cong. Rec. 19253, 87th Cong. 1st 
        Sess., Sept. 13, 1961.
14. 91 Cong. Rec. 1594, 1595, 79th Cong. 1st Sess., Feb. 28, 1945.
15. 114 Cong. Rec. 18330, 18331, 90th Cong. 2d Sess., June 24, 1968; 
        107 Cong. Rec. 21466, 87th Cong. 1st Sess., Sept. 26 
        [legislative day, Sept. 25], 1961; 107 Cong. Rec. 20533, 20534, 
        87th Cong. 1st Sess., Sept. 21, 1961; 90 Cong. Rec. 3128, 78th 
        Cong. 2d Sess., Mar. 27, 1944.
16. 107 Cong. Rec. 20533, 20534, 87th Cong. 1st Sess., Sept. 21, 1961; 
        104 Cong. Rec. 13882, 85th Cong. 2d Sess., July 10, 1958.
17. 115 Cong. Rec. 20153, 91st Cong. 1st Sess., July 21, 1969; 109 
        Cong. Rec. 12120, 88th Cong. 1st Sess., July 2, 1963; 107 Cong. 
        Rec. 20537, 87th Cong. 1st Sess., Sept. 21, 1961.
18. 106 Cong. Rec. 11830, 86th Cong. 2d Sess., June 3, 1960.
19. 104 Cong. Rec. 13882, 85th Cong. 2d Sess., July 10, 1958. See also 
        107 Cong. Rec. 18242, 18243, 87th Cong. 1st Sess., Sept. 6, 
        1961; 94 Cong. Rec. 5065, 80th Cong. 2d Sess., Apr. 29, 1948.

---------------------------------------------------------------------------

[[Page 541]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 10. Definition and Nature of Office

    The ``Speaker pro tempore''(1) is the title of the 
office (1) of the Member designated as such by the 
Speaker,(2) or (2) of the Member designated by the Speaker 
and approved by the House, or (3) of the person elected by the House to 
act as and to assume certain of the duties, powers, and functions of 
the Speaker during the Speaker's absence.(3)
---------------------------------------------------------------------------
 1. ``Pro tempore'' is a Latin phrase meaning ``for the moment'' or 
        ``for a time.''
            Parliamentarian's Note: The Speaker pro tempore is more 
        usually referred to in conversation as the ``Speaker pro tem,'' 
        which is acceptable in conversation, though not the official 
        title. ``Pro tem'' has the same meaning as ``pro tempore.''
 2. Or, on occasions, by a Speaker pro tempore. See Sec. Sec. 12.3, 
        12.4, infra.
 3. Even though the Clerk sometimes assumes some of the duties, powers, 
        and functions of the Speaker when the Speaker is not yet 
        elected or is absent, he is not considered a Speaker pro 
        tempore. See Sec. 18, infra, for treatment of the office of 
        Clerk.
---------------------------------------------------------------------------

    The Speaker pro tempore should also be distinguished from the 
Chairman or Chairman pro tempore of the Committee of the Whole. See Ch. 
19, infra.
    The primary rule involving the Speaker pro tempore is Rule I clause 
7, House Rules and Manual Sec. 633 (1973). It states: ``He [the 
Speaker] shall have the right to name any Member to perform the duties 
of the Chair, but such substitution shall not extend beyond three 
legislative days: Provided, however, That in the case of his [the 
Speaker's] illness, he may make such appointment for a period not 
exceeding ten days, with the approval of the House at the time the same 
is made; and in his [the Speaker's] absence and omission to make such 
appointment, the House shall proceed to elect a Speaker pro tempore to 
act during his absence.''

    The Speaker pro tempore is usually a Member who is a leader in the 
majority party.(4) A minority party member is designated 
Speaker pro tempore only on rare ceremonial occasions.(5)
---------------------------------------------------------------------------
 4. Party Organization generally, see Ch. 3, supra.
 5. See Sec. 12.7, infra.
---------------------------------------------------------------------------

    Speakers pro tempore are distinguishable by whether they are 
designated, designated and approved, or elected. The kinds of duties, 
powers, and functions assumed by a Speaker pro tempore depend, more 
often than not, on the type of Speaker pro tempore 
involved.(6)
---------------------------------------------------------------------------
 6. See Sec. Sec. 12.8-12.16 (designated), 13.1, 13.2 (designated and 
        approved), and 14.8-14.16 (elected), infra.

---------------------------------------------------------------------------

[[Page 542]]

    It should be noted, however, that there are also situations, 
usually noncontroversial ones, in which actions undertaken by a Speaker 
pro tempore are not dependent on the type of Speaker pro tempore 
involved. Examples of these actions are: calling the House to order in 
the absence of the Speaker;(7) announcing matters involving 
actions of the Speaker;(8) and designating another Speaker 
pro tempore.(9)
---------------------------------------------------------------------------
 7. See Sec. 12.15 (designated); and the illustration under Sec. 14.12 
        (elected), infra.
 8. See illustrations under Sec. 12.2 (designated), infra; and 109 
        Cong. Rec. 25591, 88th Cong. 1st Sess., Dec. 27, 1963; and 108 
        Cong. Rec. 12705, 87th Cong. 2d Sess., July 5, 1962 (elected).
 9. See illustrations under Sec. Sec.  14.1 (designated); 12.3 
        (elected), infra.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 11. Oath of Office; Term of Office

    The Members' oath of office(10) is administered to an 
elected Speaker pro tempore,(11) and, under recent 
precedent,(12) to a designated and approved Speaker pro 
tempore, but not to a designated Speaker pro tempore.(13)
---------------------------------------------------------------------------
10. The oath prescribed by statute, 5 USC Sec. 3331, is as follows: 
        ``I, A B, do solemnly swear (or affirm) that I will support and 
        defend the Constitution of the United States against all 
        enemies, foreign and domestic; that I will bear true faith and 
        allegiance to the same; that I take this obligation freely, 
        without any mental reservation or purpose of evasion, and that 
        I will well and faithfully discharge the duties of the office 
        on which I am about to enter. So help me God.''
11. See Sec. 11.1, infra.
            Parliamentarian's Note: The additional oath is the same one 
        administered to Members, since the formal language of it is 
        applicable to any office to which a Member is about to enter. 
        See 5 USC Sec. 3331.
12. See Sec. Sec. 11.2, 11.3, infra.
13. For previous treatment of the oath of office of the Speaker pro 
        tempore see 1 Hinds' Precedents Sec. 229, 2 Hinds' Precedents 
        Sec. Sec. 1386, 1394; 6 Cannon's Precedents Sec. Sec. 274, 280.
            Parliamentarian's Note: For reasons of efficiency a 
        designated Speaker pro tempore is not administered the oath of 
        office as Speaker pro tempore, even though upon his designation 
        he also assumes a new office. The elected and the designated 
        and approved Speakers pro tempore are administered the oath 
        because they assume not only a new office but also new duties, 
        e.g., the signing, in the place of the Speaker, of enrolled 
        bills and joint resolutions.
---------------------------------------------------------------------------

    The oath of office as Speaker pro tempore is administered by the 
Speaker if he is present(14) or by a Member chosen by the 
elected,(15) or designated and ap

[[Page 543]]

proved,(16) Speaker pro tempore when the Speaker is absent.
---------------------------------------------------------------------------
14. See Sec. 11.4, infra.
15. See Sec. 11.5, infra.
16. See Sec. 11.6, infra.
---------------------------------------------------------------------------

    The term of office of a Speaker pro tempore can be for various time 
periods under various circumstances. For example, the substitution may 
be: momentary,(17) for the day,(18) for a future 
specified day,(19) for two continuous days,(20) 
for two separate days,(1) for three legislative 
days,(2) for the balance of a week,(3) for more 
than three days with approval of the House,(4) or during the 
absence of the Speaker.(5)
---------------------------------------------------------------------------
17. See Sec. 11.7, infra.
18. See Sec. 11.8, infra.
19. See Sec. 11.9, infra.
20. See Sec. 11.10, infra.
 1. See Sec. 11.11, infra.
 2. See Sec. 11.12, infra, and Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
 3. See Sec. 11.13, infra.
 4. See Sec. 11.14, infra; Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
 5. See Sec. 11.15, infra; Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
---------------------------------------------------------------------------

    The term of office does not begin until the chosen Member has 
accepted the office.(6) The term of office ordinarily ends 
when the Speaker resumes the Chair.(7)
---------------------------------------------------------------------------
 6. See Sec. 11.16, infra.
 7. See Sec. 11.14, infra.                          -------------------
---------------------------------------------------------------------------

Oath of Office

Sec. 11.1 Besides his oath as a Member, an elected Speaker pro tempore 
    is also administered an oath of office as Speaker pro tempore.

    On Nov. 18, 1963,(8) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, 
Speaker pro tempore while the Speaker journeyed to Boston upon the 
death of his brother. A resolution was introduced to elect Mr. Albert 
Speaker pro tempore during the absence of the Speaker. The resolution 
was agreed to and Mr. Albert took the oath of office as Speaker pro 
tempore.
---------------------------------------------------------------------------
 8. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.2 Besides his oath as a Member, a designated Speaker pro 
    tempore who is approved by the House is administered the oath of 
    office as Speaker pro tempore, according to recent precedent.

    On Feb. 24, 1949,(9) a resolution was introduced 
indicating the approval of the House of the designation of 
Representative John W. McCormack, of Massachusetts, as Speaker pro 
tempore. Upon

[[Page 544]]

agreement to the resolution, Representative McCormack was administered 
the oath of office as Speaker pro tempore.
---------------------------------------------------------------------------
 9. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.3 A designated Speaker pro tempore who is approved by the House 
    has not always been administered the oath of office as Speaker pro 
    tempore.

    On Apr. 7, 1930,(10) Speaker Nicholas Longworth, of 
Ohio, designated a Speaker pro tempore and the House approved the 
designation. No additional oath of office was administered, according 
to the Congressional Record.
---------------------------------------------------------------------------
10. 72 Cong. Rec. 6661, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

Administration of Oath by Speaker

Sec. 11.4 An elected Speaker pro tempore is administered his oath of 
    office by the Speaker when the Speaker is present.

    On Aug. 15, 1941,(11) Speaker Sam Rayburn, of Texas, 
invited the election of a Speaker pro tempore and subsequently 
administered him the oath of office.
---------------------------------------------------------------------------
11. 87 Cong. Rec. 7194, 7195, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

    On Mar. 22, 1949,(12) Speaker Rayburn stated that it was 
necessary for him to be absent for a few days on important business. A 
resolution was introduced to elect Representative John W. McCormack, of 
Massachusetts, Speaker pro tempore. Upon passage of the resolution, the 
Speaker administered the oath to Mr. McCormack as Speaker pro 
tempore.(13)
---------------------------------------------------------------------------
12. 95 Cong. Rec. 2968, 81st Cong. 1st Sess.
13. Parliamentarian's Note: The Congressional Record does not 
        explicitly refer to the Speaker's administering the oath, but 
        such did in fact take place.
---------------------------------------------------------------------------

Administration of Oath by Member

Sec. 11.5 An elected Speaker pro tempore designates a Member to 
    administer the oath to him in the absence of the Speaker.

    On Apr. 2, 1940(14) Speaker William B. Bankhead, of 
Alabama, invited an election of a Speaker pro tempore. On the day next 
following the election of Representative Sam Rayburn, of Texas, as 
Speaker pro tempore, in the absence of the Speaker, Mr. Rayburn asked 
Representative John W. McCormack, of Massachusetts, to administer to 
him the oath of office:
---------------------------------------------------------------------------
14. 86 Cong. Rec. 3925, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: . . . The present occupant of the 
    chair re

[[Page 545]]

    quests the gentleman from Massachusetts [Mr. McCormack] to 
    administer the oath of office as Speaker pro tempore.
        Mr. McCormack appeared at the well of the House and 
    administered the oath. . . .

    On Jan. 10, 1966,(15) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, 
Speaker pro tempore while the Speaker journeyed to Boston upon the 
death of his brother. A resolution was introduced to elect Mr. Albert 
Speaker pro tempore during the absence of the Speaker. The resolution 
was agreed to and Mr. Albert asked the Dean of the House, 
Representative Emanuel Celler, of New York, to administer the oath of 
office.(16)
---------------------------------------------------------------------------
15. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
16. Parliamentarian's Note: The Congressional Record does not 
        explicitly refer to Mr. Albert's designation of Mr. Celler to 
        administer the oath, but such did in fact take place.
---------------------------------------------------------------------------

Sec. 11.6 A designated Speaker pro tempore who is approved by the House 
    and who is administered the oath of office as Speaker pro tempore 
    may designate the Member to administer him the oath of office.

    On Feb. 24, 1949,(17) a resolution was introduced 
indicating the approval of the House of the designation of Hon. John W. 
McCormack, of Massachusetts, as Speaker pro tempore. Once approved the 
Speaker pro tempore designated a Member to administer him the oath of 
office.
---------------------------------------------------------------------------
17. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

Terms of Office

Sec. 11.7 A term of office of a Speaker pro tempore may be only 
    momentary.

    On Apr. 15, 1958,(18) designated Speaker pro tempore 
John W. McCormack, of Massachusetts, himself designated Representative 
Carl Albert, of Oklahoma, as Speaker pro tempore during the election of 
Mr. McCormack as Speaker pro tempore during the absence of Speaker Sam 
Rayburn, of Texas.
---------------------------------------------------------------------------
18. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

    On Nov. 18, 1963,(19) designated Speaker pro tempore 
Albert, who

[[Page 546]]

was about to be elected as Speaker pro tempore, himself designated 
another Speaker pro tempore during the election.
---------------------------------------------------------------------------
19. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
            Parliamentarian's Note: On Nov. 17, 1963, Speaker 
        McCormack's brother died in Boston. On Nov. 18 Speaker 
        McCormack in writing designated the Honorable Carl Albert to 
        act as Speaker pro tempore for the day. The Speaker remained in 
        Boston until Nov. 21. Although the Congressional Record does 
        not explicitly refer to it, the momentary designation of Hale 
        Boggs (La.) as Speaker pro tempore during the election of Mr. 
        Albert as Speaker pro tempore during the absence of the Speaker 
        did in fact take place. Immediately upon the laying on the 
        table of a motion to reconsider the resolution electing Mr. 
        Albert, Mr. Boggs left the Chair and Mr. Albert resumed it.
---------------------------------------------------------------------------

    On Jan. 10, 1966,(20) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, as 
Speaker pro tempore for the day in writing.(21) During Mr. 
Albert's election as Speaker pro tempore, he designated another Speaker 
pro tempore to preside over the House momentarily during the election:
---------------------------------------------------------------------------
20. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
21. Parliamentarian's Note: Since the duration of the Speaker's absence 
        was uncertain it was considered essential to elect a Speaker 
        pro tempore.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Louisiana [Mr. Boggs] to assume the chair.
        Mr. Boggs assumed the chair as Speaker pro tempore.
        The Speaker Pro Tempore (Mr. [Hale] Boggs): The Chair 
    recognizes the gentleman from New York [Mr. Keogh].
        Mr. [Eugene J.] Keogh: Mr. Speaker, on account of the 
    unavoidable absence of the Speaker due to the death of his beloved 
    brother, and at his request, I offer a resolution and ask for its 
    immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 627

            Resolved, That Hon. Carl Albert, a Representative from the 
        State of Oklahoma, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of the Honorable Carl Albert as 
        Speaker pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. Albert assumed the chair as Speaker pro tempore and Mr. 
    Celler administered the oath of office.

    On Sept. 27 (legislative day, Sept. 25), 1961,(1) the 
Speaker pro tempore John W. McCormack, of Massachusetts, momentarily 
designated Representative Carl Albert, of Oklahoma, as Speaker pro 
tempore during the comments of Mr. McCormack on the accomplishments of 
the session.
---------------------------------------------------------------------------
 1. 107 Cong. Rec. 21545, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.8 A term of office of a Speaker pro tempore may be for the day.

    On Nov. 25, 1963,(2) Speaker John W. McCormack, of Massa

[[Page 547]]

chusetts, designated a Speaker pro tempore for the day.
---------------------------------------------------------------------------
 2. 109 Cong. Rec. 22694, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the following 
    communication from the Speaker:
                                             The Speaker's Room,
                                                November 25, 1963.

            I hereby designate the Honorable Jim Wright to act as 
        Speaker pro tempore today.
                                              John W. McCormack,
                                                          Speaker.

Sec. 11.9 A Speaker pro tempore may be designated for one specific day 
    in the future.

    On Jan. 19, 1965,(3) Speaker John W. McCormack, of 
Massachusetts, designated Representative Emanuel Celler, of New York, 
to act as Speaker pro tempore when the House convened on Jan. 20, 1965, 
preceding the inaugural ceremonies:
---------------------------------------------------------------------------
 3. 111 Cong. Rec. 946, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair designates the Honorable Emanuel Celler, 
    of New York, to act as Speaker pro tempore tomorrow, January 20, 
    1965.

Sec. 11.10 The term of office of a Speaker pro tempore may be for a 
    specified and continuous two day period.

    On May 7, 1956,(4) a Speaker pro tempore was designated 
by Speaker Sam Rayburn, of Texas, for a specific two-day period.
---------------------------------------------------------------------------
 4. 102 Cong. Rec. 7588, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the following 
    communication from The Speaker:
                                                      May 7, 1956.

            I hereby designate the Honorable John W. McCormack to act 
        as Speaker pro tempore on May 7 and 8, 1956.
                                                    Sam Rayburn,
                                                            Speaker.

Sec. 11.11 The term of office of a Speaker pro tempore may be for two 
    separate days in the future.

    On Oct. 29, 1942,(5) Speaker Sam Rayburn, of Texas, 
designated a Speaker pro tempore to serve as Speaker on two specified 
days during intermittent adjournment of the House.
---------------------------------------------------------------------------
 5. 88 Cong. Rec. 8688-90, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I ask unanimous 
    consent that when the House adjourns today it stand adjourned until 
    Monday next, that when the House adjourns on Monday next it stand 
    adjourned until Thursday, November 5, and that when the House 
    adjourns on Thursday, November 5, it stand adjourned until the 
    following Monday, November 9.
        The Speaker: Without objection, it is so ordered.
        There was no objection. . . .
        The Speaker: The Chair designates the gentleman from Tennessee 
    [Mr. Cooper] to act as Speaker pro tempore

[[Page 548]]

    on Monday, November 2, and Thursday, November 5.

Sec. 11.12 The term of office of a Speaker pro tempore may be for three 
    legislative days.

    On Mar. 11, 1940,(6) Speaker William B. Bankhead, of 
Alabama, designated a Speaker pro tempore for a period of three 
legislative days in the event of the Speaker's absence:
---------------------------------------------------------------------------
 6. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker: In the event of the absence of The Speaker for the 
    next 3 legislative days, the Chair designates the gentleman from 
    Texas [Mr. Rayburn] as the Speaker pro tempore.

Sec. 11.13 The term of office of a Speaker pro tempore may be for the 
    balance of a week.

    On Thursday, Apr. 29, 1948,(7) Speaker Joseph W. Martin, 
Jr., of Massachusetts, made the following announcement:
---------------------------------------------------------------------------
 7. 94 Cong. Rec. 5036, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to state that he appoints as 
    Speaker pro tempore for the balance of the week the Honorable 
    Charles A. Halleck, of Indiana.

Sec. 11.14 The term of office of a Speaker pro tempore may be for more 
    than three days, where the House gives its approval.

    On Apr. 7, 1930,(8) Speaker Nicholas Longworth, of Ohio, 
made the following announcement:
---------------------------------------------------------------------------
 8. 72 Cong. Rec. 6661, 71st Cong. 2d Sess. See also Sec. 12.1, infra.
---------------------------------------------------------------------------

        The Chair designates the gentleman from Connecticut [Mr. 
    Tilson] to act as Speaker pro tempore for 3 days, and the Chair 
    asks unanimous consent that thereafter, until the return of the 
    Chair, which will in all probability be on Monday, the gentleman 
    from Connecticut may be permitted to continue in that office. Is 
    there objection?
        There was no objection.

Sec. 11.15 A term of office of a Speaker pro tempore may be for the 
    duration of the absence of The Speaker.

    On Apr. 15, 1958,(9) a resolution was offered electing 
Representative John W. McCormack of Massachusetts, Speaker pro tempore 
during the absence of Speaker Sam Rayburn, of Texas.
---------------------------------------------------------------------------
 9. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 11.16 The Speaker, after designating a Member as Speaker pro 
    tempore, may withdraw the name of that Member before his term 
    begins and designate another in his place.

    On Apr. 2, 1947,(10) Speaker Joseph W. Martin, Jr., of 
Massachu

[[Page 549]]

setts, made the following announcement:
---------------------------------------------------------------------------
10. 93 Cong. Rec. 3075, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to announce that the gentleman 
    from Michigan [Mr. Michener], whom he has just designated as 
    Speaker pro tempore on Thursday and Monday next, has illness in his 
    family which may preclude him from accepting the appointment; 
    therefore, the Chair withdraws the designation and designates the 
    gentleman from Indiana [Mr. Halleck] to act as Speaker pro tempore 
    on Thursday and Monday next.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 12. Designation of Speaker Pro Tempore

    The appointment of a Speaker pro tempore by simple designation--
that is, without formal House approval--is permitted for periods that 
do not extend beyond three legislative days.(11) The 
Speaker(12) (or Speaker pro tempore)(13) may 
orally designate a Member as Speaker pro tempore either in open 
House(14) or informally and off the record. The designation 
must be in formal writing when the Speaker(15) (or Speaker 
pro tempore)(16) cannot be present at the beginning of a 
day's session.
---------------------------------------------------------------------------
11. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
12. See Sec. 12.1, infra.
13. See Sec. 12.3, infra.
            Parliamentarian's Note: Simple designation of a Speaker pro 
        tempore is the Speaker's right under Rule I clause 7 of the 
        House Rules and Manual. From the custom and the practice of the 
        House, it is presumed that a Speaker pro tempore assumes this 
        right upon entering the office.
14. See illustrations under Sec. Sec. 12.1, 12.3, infra.
15. See Sec. 12.2, infra.
16. See Sec. 12.4, infra.
---------------------------------------------------------------------------

    The Speaker may, likewise, withdraw a designation of someone as 
Speaker pro tempore.(17)
---------------------------------------------------------------------------
17. See Sec. 12.6, infra.
---------------------------------------------------------------------------

    The designated Speaker pro tempore is characteristically a ``stand-
in'' Speaker. He must ordinarily seek the consent of the House before 
carrying out the more sensitive activities that a Speaker would handle 
without the House's consent and as a matter of course.(18)
---------------------------------------------------------------------------
18. See Sec. Sec. 12.8-12.14, infra.
---------------------------------------------------------------------------

    Examples of the functions assumed by a designated Speaker pro 
tempore from the Speaker include: administering the oath of office to a 
Member-elect with the consent of the House;(19) appointing 
conferees with the unanimous consent of the House;(20) 
spreading upon the Journal a veto message from the President with the 
consent of the House;(1) referring

[[Page 550]]

Presidential messages to committees with the unanimous consent of the 
House;(2) appointing Members to attend funerals by direction 
of the Speaker and with the unanimous consent of the 
House;(3) and calling the House to order in the absence of 
the Speaker.(4)
---------------------------------------------------------------------------
19. See Sec. 12.8, infra.
20. See Sec. Sec. 12.9, 12.10, infra.
 1. See Sec. 12.11, infra.
 2. See Sec. Sec.  12.12, 12.13, infra.
 3. See Sec. 12.14, infra.
 4. See Sec. Sec. 12.15, 12.16, infra.
---------------------------------------------------------------------------

    Normally, but not always, it is the designated Speaker pro tempore 
who is elected Speaker pro tempore during the absence of the Speaker 
when certain functions require that the Speaker pro tempore be elected, 
and not simply designated.(5)
---------------------------------------------------------------------------
 5. See Sec. 12.17, infra. 
        -------------------
---------------------------------------------------------------------------

Oral Designation by Speaker

Sec. 12.1 A Speaker may orally designate a Speaker pro tempore.

    On Apr. 7, 1930,(6) Speaker Nicholas Longworth, of Ohio, 
made the following announcement:
---------------------------------------------------------------------------
 6. 72 Cong. Rec. 6661, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to prefer a request for 
    unanimous consent. The Chair has in mind this afternoon to go to 
    southern climes, frankly, for the purpose of rest and recreation 
    for a few days. . . .
        The Chair designates the gentleman from Connecticut [Mr. 
    Tilson] to act as Speaker pro tempore for 3 days, and the Chair 
    asks unanimous consent that thereafter, until the return of the 
    Chair, which will in all probability be on Monday, the gentleman 
    from Connecticut may be permitted to continue in that office. Is 
    there objection?
        There was no objection.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, I offer a 
    resolution and ask its immediate consideration.
        The Speaker: The gentleman from New York [Mr. Snell] offers a 
    resolution, which the Clerk will report.
        The Clerk read as follows:

            Resolved, That the designation of Hon. John Q. Tilson, a 
        Representative from the State of Connecticut, as Speaker pro 
        tempore be approved by the House and that the President and the 
        Senate be notified thereof.

        The Speaker: The question is on agreeing to the resolution.
        The resolution was unanimously agreed to.

    On Mar. 11, 1940,(7) Speaker William B. Bankhead, of 
Alabama, made the following announcement:
---------------------------------------------------------------------------
 7. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker: In the event of the absence of The Speaker for the 
    next 3 legislative days, the Chair designates the gentleman from 
    Texas [Mr. Rayburn] as the Speaker pro tempore.

    On Apr. 29, 1948,(8) Speaker Joseph W. Martin, Jr., of 
Massachu

[[Page 551]]

setts, made the following announcement:
---------------------------------------------------------------------------
 8. 94 Cong. Rec. 5036, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to state that he appoints as 
    Speaker pro tempore for the balance of the week the Honorable 
    Charles A. Halleck, of Indiana

    On Sept. 14, 1962,(9) Speaker John W. McCormack, of 
Massachusetts, made the following announcement:
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 19516, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will be absent on Monday and Tuesday of 
    next week and designates as Speaker pro tempore on Monday and 
    Tuesday the gentleman from Oklahoma, Mr. Albert.

Written Designation by Speaker

Sec. 12.2 A Speaker who is absent at the beginning of a day's session 
    may designate a Speaker pro tempore in formal writing.

    On June 1, 1961,(10) the proceedings below took place in 
the House:
---------------------------------------------------------------------------
10. 107 Cong. Rec. 9330, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon and was called to order by the 
    Speaker pro tempore, Mr. McCormack.
        The Speaker Pro Tempore: The Clerk will read the following 
    communication [from Speaker Rayburn].
        The Clerk read as follows:

            I hereby designate the Honorable John W. McCormack to act 
        as Speaker pro tempore today.
                                                    Sam Rayburn,
                                                          Speaker.

    On July 5, 1962,(11) the following action took place in 
the House:
---------------------------------------------------------------------------
11. 108 Cong. Rec. 12703, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (Mr. Albert) laid before the House the 
    following communication from [Speaker McCormack], which was read:

            I hereby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.
                                              John W. McCormack,
                                                          Speaker.

    On Dec. 27, 1963,(12) Speaker John W. McCormack, of 
Massachusetts, was absent at the beginning of the session and 
designated in writing Carl Albert, of Oklahoma, to be Speaker pro 
tempore for the day:
---------------------------------------------------------------------------
12. 109 Cong. Rec. 25591, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon and was called to order by The 
    Speaker pro tempore (Mr. Albert).
        The Speaker Pro Tempore (Mr. Albert): The Clerk will read the 
    following communication.
        The Clerk read as follows:

                            The Speaker's Rooms

            I hereby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.
                                              John W. McCormack,
                                                          Speaker.

[[Page 552]]

Oral Designation by Speaker Pro Tempore

Sec. 12.3 A Speaker pro tempore may orally designate another Speaker 
    pro tempore.

    On Sept. 27 (legislative day, Sept. 25), 1961,(13) 
elected Speaker pro tempore John W. McCormack, of Massachusetts, orally 
designated Representative Carl Albert, of Oklahoma, as Speaker pro 
tempore during Mr. McCormack's comments on the first session of the 
87th Congress.
---------------------------------------------------------------------------
13. 107 Cong. Rec. 21545, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Written Designation by a Speaker Pro Tempore

Sec. 12.4 If a Speaker pro tempore is to be absent at the beginning of 
    a day's session, he may exercise his right to designate another 
    Speaker pro tempore, but only in writing.

    On June 20, 1932,(14) the elected Speaker pro tempore 
Henry T. Rainey, of Illinois, designated in writing a Speaker pro 
tempore for the day.
---------------------------------------------------------------------------
14. 75 Cong. Rec. 13502, 72d Cong. 1st Sess.
---------------------------------------------------------------------------

        The House was called to order at 12 o'clock noon by the Clerk 
    of the House of Representatives.
        The Clerk read the following communication from the Speaker pro 
    tempore [Mr. Rainey].
        The Speaker's Rooms,
        House of Representatives of the United States, Washington, D.C.

            I hereby designate Hon. William B. Bankhead to act as 
        Speaker pro tempore today.
                                                Henry T. Rainey,
                                              Speaker pro tempore.

        Mr. Bankhead took the Chair as Speaker pro 
    tempore.(15)
---------------------------------------------------------------------------
15. Parliamentarian's Note: On June 13, 1932, upon being advised by the 
        doctor that The Speaker would not be able to attend for several 
        days, Mr. Crisp (Ga.) offered a resolution electing Mr. Rainey 
        as Speaker pro tempore. Mr. Crisp administered the oath to Mr. 
        Rainey as Speaker pro tempore. Mr. Rainey under the terms of 
        the resolution electing him served as Speaker pro tempore until 
        June 21 when The Speaker returned to his duties. On June 18, 
        however, Mr. Rainey, finding it necessary to be absent on June 
        20, designated Mr. Bankhead (Ala.) as Speaker pro tempore.
---------------------------------------------------------------------------

    On Dec. 26, 1940,(16) elected Speaker pro tempore 
William P. Cole, Jr., of Maryland, designated in writing another 
Speaker pro tempore to serve for the day.
---------------------------------------------------------------------------
16. 86 Cong. Rec. 14000, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon, and was called to order by 
    The Speaker pro tempore, Mr. Ramspeck.
        The Clerk read the following communication from The Speaker pro 
    tempore, Mr. Cole of Maryland:
        The Speaker's Room,
        The House of Representatives, United States, Washington, D.C.

            I hereby designate Hon. Robert Ramspeck to act as Speaker 
        pro tempore today.

[[Page 553]]

                                           William P. Cole, Jr.,
                                              Speaker pro tempore.

Reasons for Designation

Sec. 12.5 A Speaker may designate a Speaker pro tempore for various 
    reasons, including illness.

    On Aug. 31, 1961,(17) Speaker Sam Rayburn, of Texas, 
designated in writing Representative Carl Albert, of Oklahoma, to act 
as Speaker pro tempore for the day. Mr. Rayburn was leaving to go to 
his home because he was ill.(18)
---------------------------------------------------------------------------
17. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
18. Parliamentarian's Note: Speaker Rayburn last presided over the 
        House on Aug. 30, 1961. On Nov. 16, 1961, he died in Bonham, 
        Tex.
            For other examples of the reasons for designating a Speaker 
        pro tempore, see Sec. Sec. 12.1, supra, and 12.7, infra.
---------------------------------------------------------------------------

Withdrawal of Designation

Sec. 12.6 The designation of a Speaker pro tempore may be withdrawn.

    On Apr. 2, 1947,(19) Speaker Joseph W. Martin, Jr., of 
Massachusetts, made the following announcement:
---------------------------------------------------------------------------
19. 93 Cong. Rec. 3075, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to announce that the gentleman 
    from Michigan [Mr. Michener], whom he has just designated as 
    Speaker pro tempore on Thursday and Monday next, has illness in his 
    family which may preclude him from accepting the appointment; 
    therefore, the Chair withdraws that designation and designates the 
    gentleman from Indiana [Mr. Halleck] to act as Speaker pro tempore 
    on Thursday and Monday next.

Designation of Minority Party Member

Sec. 12.7 On rare ceremonial occasions, a Speaker may designate a 
    member of the minority party as Speaker pro tempore.

    On Jan. 31, 1951,(1) Speaker Sam Rayburn, of Texas, was 
praised for his record of service as Speaker of the House. At that 
time, he requested a member of the minority party, Mr. Joseph W. 
Martin, Jr., of Massachusetts, to take the Chair:
---------------------------------------------------------------------------
 1. 97 Cong. Rec. 778, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will ask the gentleman from 
    Massachusetts [Mr. Martin] to kindly take the chair at this time.
        Mr. Martin assumed the Chair.

Duties, Powers, and Functions

Sec. 12.8 A designated Speaker pro tempore, in the absence of The 
    Speaker, may admin

[[Page 554]]

    ister to a Member-elect his oath of office.

    On Mar. 11, 1940,(2) Speaker William B. Bankhead, of 
Alabama, orally designated Representative Sam Rayburn, of Texas, as 
Speaker pro tempore in the event of his absence for the ensuing three 
legislative days. On Mar. 12, 1940,(3) in the absence of The 
Speaker, Speaker pro tempore Rayburn administered to a Member-elect his 
oath of office by unanimous consent of the House:
---------------------------------------------------------------------------
 2. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
 3. 86 Cong. Rec. 2724, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The present occupant of the chair will 
    administer the oath of office to the Member-elect if there is no 
    objection.
        There being no objection [the Member-elect] appeared at the bar 
    of the House and took the oath of office.

Sec. 12.9 A designated Speaker pro tempore is authorized to appoint 
    conferees only with the unanimous consent of the House.

    On May 28, 1959,(4) Speaker pro tempore John W. 
McCormack, of Massachusetts, with the unanimous consent of the House 
appointed conferees. The proceedings were as follows:
---------------------------------------------------------------------------
 4. 105 Cong. Rec. 9334, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Brent] Spence [of Kentucky]: Mr. Speaker, I ask unanimous 
    consent to take from the Speaker's desk the bill (S. 1094) to amend 
    the Bretton Woods Agreements Act, with House amendment thereto, 
    insist on the House amendment, and agree to the conference 
    requested by the Senate.
        The Clerk read the title of the bill.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Kentucky?
        There was no objection.
        The Speaker Pro Tempore: Without objection, the Chair appoints 
    the following conferees: Messrs. Spence, Brown of Georgia, Patman, 
    Rains, Kilburn, Widnall, and Hiestand.
        There was no objection.

    On Oct. 9, 1969,(5) the designated Speaker pro tempore 
appointed conferees with the unanimous consent of the House. The 
proceedings were as follows:
---------------------------------------------------------------------------
 5. 115 Cong. Rec. 29346, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert E.] Jones of Alabama: Mr. Speaker, I ask unanimous 
    consent to take from The Speaker's table the bill (H.R. 4148) to 
    amend the Federal Water Pollution Control Act, as amended, and for 
    other purposes, with Senate amendments thereto, disagree to the 
    Senate amendments, and agree to the conference asked by the Senate.
        The Speaker Pro Tempore [Richard Bolling, of Missouri]: Is 
    there objection to the request of the gentleman from Alabama? The 
    Chair hears none, and, without objection, appoints the following 
    conferees: Messrs. Blatnik, Jones of Alabama, Wright, Fallon, 
    Cramer, Harsha, and Grover.
        There was no objection.

[[Page 555]]

    On July 8, 1970,(6) The Speaker pro tempore, Hale Boggs, 
of Louisiana, appointed conferees by unanimous consent of the House.
---------------------------------------------------------------------------
 6. 116 Cong. Rec. 23141, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Joseph L.] Evins of Tennessee: Mr. Speaker, I ask 
    unanimous consent to take from The Speaker's table the bill (H.R. 
    17548) . . . with Senate amendments thereto, disagree to the Senate 
    amendments, and agree to the conference asked by the Senate. . . .
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Tennessee? The Chair hears none, and, without 
    objection, appoints the following conferees: Messrs. Evins of 
    Tennessee, Boland, Shipley, Giaimo, Marsh, Pryor of Arkansas, 
    Mahon, Jonas, Talcott, McDade, Del Clawson, and Bow.
        There was no objection.

    On Oct. 8, 1970,(7) Speaker pro tempore Charles M. 
Price, of Illinois, appointed conferees with the unanimous consent of 
the House.
---------------------------------------------------------------------------
 7. 116 Cong. Rec. 35866, 35867, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Paul G.] Rogers of Florida: Mr. Speaker, I ask unanimous 
    consent to take from The Speaker's table the bill (H.R. 18583) to 
    amend the Public Health Service Act . . . with Senate amendments 
    thereto, disagree to the Senate amendments, and agree to the 
    conference asked by the Senate.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Florida? The Chair hears none, and, without 
    objection, appoints the following conferees: Messrs. Staggers, 
    Jarman, Rogers of Florida, Satterfield, Springer, Nelsen, and 
    Carter.
        There was no objection.

Sec. 12.10 A designated Speaker pro tempore is authorized to appoint 
    additional conferees on a bill only with unanimous consent of the 
    House.

    On Apr. 29, 1948,(8) unanimous consent was requested to 
authorize the designated Speaker pro tempore, Charles A. Halleck, of 
Indiana, to appoint additional conferees on a bill. Without objection 
the designated Speaker pro tempore appointed additional conferees.
---------------------------------------------------------------------------
 8. 94 Cong. Rec. 5066, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Paul W.] Shafer [of Michigan]: Mr. Speaker, I ask 
    unanimous consent that The Speaker pro tempore be authorized to 
    appoint two additional conferees on the bill (S. 1641) to establish 
    the Women's Army Corps in the regular Army, to authorize the 
    enlistment and appointment of women in the regular Army and Marine 
    Corps and the Naval and Marine Corps Reserve, and for other 
    purposes.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Michigan? [After a pause.] The Chair hears none, 
    and, without objection, appoints the gentleman from New York [Mr. 
    Andrews] and the gentleman from Texas [Mr. Johnson].
        There was no objection.

[[Page 556]]

        The Speaker Pro Tempore: The Clerk will notify the Senate 
    thereof.

Sec. 12.11 A designated Speaker pro tempore may order spread upon the 
    Journal the veto message of a President.

    On Sept. 13, 1966,(9) Speaker pro tempore Hale Boggs, of 
Louisiana, ordered a veto message of the President spread upon the 
Journal with the unanimous consent of the House.
---------------------------------------------------------------------------
 9. 112 Cong. Rec. 22411, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the following 
    veto message from the President of the United States:
        To the House of Representatives:

            . . . In returning this measure, I do so in the hope that 
        the Congress will adopt the insurance proposals I submitted 
        earlier. Such a measure would be fiscally responsible. It would 
        be consistent with the wage-price guide posts. I would be proud 
        to sign it.
                                            Lyndon B. Johnson,
                                                The White House,
                                               September 12, 1966.

        The Speaker Pro Tempore: Without objection, the objections of 
    the President will be spread at large upon the Journal.
        There was no objection.

Sec. 12.12 A designated Speaker pro tempore refers a Presidential 
    message to committee only with unanimous consent of the House.

    On Aug. 31, 1967,(10) Speaker pro tempore Carl Albert, 
of Oklahoma, referred a Presidential message to committee with 
unanimous consent of the House:
---------------------------------------------------------------------------
10. 113 Cong. Rec. 24843, 24844, 90th Cong 1st Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore (Mr. Albert) laid before the House the 
    following message from the President of the United States, which 
    was read, as follows:
        To the Congress of the United States:

            I am pleased to transmit the annual report of the Office of 
        Alien Property, Department of Justice, for the fiscal Year 
        ended June 30, 1966, in accordance with section 6 of the 
        Trading With the Enemy Act.
                                            Lyndon B. Johnson,
                                                The White House,
                                                  August 31, 1967.

        The Speaker Pro Tempore (Mr. Albert): Without objection, the 
    message, together with the accompanying papers, is referred to the 
    Committee on Interstate and Foreign Commerce.
        There was no objection.

Sec. 12.13 A designated Speaker pro tempore refers a Presidential 
    message to committee and orders it printed (sometimes with 
    illustrations) only with the unanimous consent of the House.

    On Sept. 8, 1966,(11) Speaker pro tempore Hale Boggs, of 
Louisiana, laid before the House a

[[Page 557]]

message from the President and, without objection, referred the message 
to a committee and ordered it printed.
---------------------------------------------------------------------------
11. 112 Cong. Rec. 22049-52, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

    On Apr. 21, 1970,(12) Speaker pro tempore Robert O. 
Tiernan, of Rhode Island, referred a Presidential message to committee 
and ordered it printed with the unanimous consent of the House.
---------------------------------------------------------------------------
12. 116 Cong. Rec. 12581, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

    On Jan. 24, 1966,(13) Speaker John W. McCormack, of 
Massachusetts, laid before the House a message from the President. 
Speaker McCormack having left the Chair during the reading of the 
message from the President, the designated Speaker pro tempore referred 
the message to committee and ordered it printed, with illustrations.
---------------------------------------------------------------------------
13 112 Cong. Rec. 909-17, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 12.14 A designated Speaker pro tempore appoints Members to attend 
    a funeral following the directions of the Speaker and with the 
    unanimous consent of the House.

    On Nov. 25, 1963,(14) designated Speaker pro tempore 
James C. Wright, Jr., of Texas, appointed a committee of 100 Members of 
the House to attend the funeral of President John F. Kennedy, following 
the directions of the Speaker and with the unanimous consent of the 
House.
---------------------------------------------------------------------------
14. 109 Cong. Rec. 22695, 22696, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 12.15 A designated Speaker pro tempore calls the House to order in 
    the absence of the Speaker.

    On June 1, 1961,(15) Representative John W. McCormack, 
of Massachusetts, having been designated in writing as Speaker pro 
tempore by Speaker Sam Rayburn, of Texas, called the House to order in 
the absence of the Speaker.
---------------------------------------------------------------------------
15. 107 Cong. Rec. 9330, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 12.16 A designated Speaker pro tempore calls the House to order at 
    the beginning of a session of Congress in the absence of the 
    Speaker.

    On Jan. 10, 1966,(16) Speaker John W. McCormack, of 
Massachusetts, being absent because of the death of his 
brother,(17) designated Speaker pro tempore Carl

[[Page 558]]

Albert, of Oklahoma, called the House to order at the beginning of the 
session of the Congress, and laid before the House the following 
communication from the Speaker:
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5, 89th Cong. 2d Sess.
17. Parliamentarian's Note: Speaker John W. McCormack was not in 
        Washington for the convening of the second session of the 89th 
        Congress because of the death of his brother, Donald J. 
        McCormack.
---------------------------------------------------------------------------
        The Speaker's Rooms,
        U.S. House of Representatives,
        Washington, D.C.

        I hereby designate the Honorable Carl Albert to act as Speaker 
    pro tempore today.
                                              John W. McCormack,
                                                        Speaker.

Time for Election of Designee

Sec. 12.17 A designated Speaker pro tempore is elected by the House as 
    Speaker pro tempore during the absence of the Speaker when the need 
    arises for the performance of certain functions.

    On Aug. 31, 1961,(18) the following actions took place 
in the House:
---------------------------------------------------------------------------
18. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon and was called to order by the 
    Speaker pro tempore (Mr. [Carl] Albert [of Oklahoma]).
        The Speaker Pro Tempore: The Chair lays before the House a 
    communication which the Clerk will read.
        The Clerk read as follows:
                                                  August 31, 1961.  
        The Speaker's Rooms,
        House of Representatives,
        Washington, D.C.

        I hereby designate Hon. Carl Albert to act as Speaker pro 
    tempore today.

                                                    Sam Rayburn,  
                                                          Speaker.
                               * * * * *

        Mr. [Francis E.] Walter [of Pennsylvania]: Mr. Speaker, I send 
    to the Speaker's table a resolution (H. Res. 445) and ask for its 
    immediate consideration.
        The Clerk read as follows:

                                  H. Res. 445

            Resolved, That Hon. John W. McCormack, a Representative 
        from the State of Massachusetts, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. John W. McCormack as Speaker 
        pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Hon. John W. McCormack assumed the Chair and the oath of office 
    was administered to him by Mr. Walter.(19)
---------------------------------------------------------------------------
19. Parliamentarian's Note: Speaker Sam Rayburn last presided over the 
        House on Wednesday, Aug. 30, 1961, during a call of Calendar 
        Wednesday business. Because of illness, he departed for his 
        home in Bonham, Tex., on the morning of Aug. 31. Speaker 
        Rayburn died there on Nov. 16, 1961.

---------------------------------------------------------------------------

[[Page 559]]

    On Nov. 18, 1963,(1) Speaker John W. McCormack, of 
Massachusetts, in writing designated Carl Albert, of Oklahoma, to act 
as Speaker pro tempore for the day.(2) After laying the 
designation before the House, Mr. Albert designated another Speaker pro 
tempore to serve during his election as Speaker pro tempore in the 
absence of the Speaker.(3)
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
 2. Parliamentarian's Note: Speaker McCormack's brother, Edward, died 
        in Boston on Sunday, Nov. 17. The Speaker remained in Boston 
        until Nov. 21.
 3. Parliamentarian's Note: Although the Congressional Record does not 
        explicitly refer to Mr. Albert's designation of a second 
        Speaker pro tempore, such in fact did take place.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon and was called to order by the 
    Speaker pro tempore, Mr. Albert.
        The Speaker pro tempore laid before the House the following 
    communication from [Speaker McCormack]:

                             The Speaker's Room

            I hearby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.
                                              John T. McCormack,
                                                          Speaker.
                               * * * * *

        Mr. [Hale] Boggs [of Louisiana] assumed the chair.
        Mr. [Carl] Vinson [of Georgia]: Mr. Speaker, I send to the desk 
    a privileged resolution and ask for its immediate consideration.
        The Clerk read the resolution [H. Res. 567] as follows:

            Resolved, That Honorable Carl Albert, a Representative from 
        the State of Oklahoma, be, and he is hereby elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Honorable Carl Albert as Speaker 
        pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        The motion to reconsider was laid on the table.
        Mr. Albert resumed the chair.
        Mr. Albert: The Chair requests the gentleman from Georgia, dean 
    of the House, to administer the oath. Mr. Albert took the oath of 
    office as Speaker pro tempore administered by Mr. Vinson.

    On Jan. 10, 1966,(4) Speaker John W. McCormack, of 
Massachusetts, was absent because of the death of his brother. Speaker 
McCormack designated in writing a Speaker pro tempore for the day. The 
designated Speaker pro tempore was elected Speaker pro tempore during 
the absence of the Speaker.(5)
---------------------------------------------------------------------------
 4. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
 5. Parliamentarian's Note: Since the duration of The Speaker's absence 
        was uncertain and since there were new Members present to be 
        sworn, the House chose to elect a Speaker pro tempore.

---------------------------------------------------------------------------

[[Page 560]]

        . . . [T]he Members of Congress met in their hall, and at 12 
    o'clock were called to order by the Speaker pro tempore Hon. Carl 
    Albert, a Representative from the State of Oklahoma.

        The Speaker pro tempore (Mr. Albert) laid before the House the 
    following communication:
        The Speaker's Rooms,
        U.S. House of Representatives,
        Washington, D.C.

            I hereby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.
                                              John W. McCormack,
                                                          Speaker.
                               * * * * *

        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Louisiana [Mr. Boggs] to assume the Chair.
        Mr. Boggs assumed the Chair as Speaker pro tempore.
        The Speaker Pro Tempore: (Mr. Hale Boggs): The Chair recognizes 
    the gentleman from New York [Mr. Keogh].
        Mr. [Eugene J.] Keogh: Mr. Speaker, on account of the 
    unavoidable absence of The Speaker due to the death of his beloved 
    brother, and at his request, I offer a resolution and ask for its 
    immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 627

            Resolved, That Hon. Carl Albert, a Representative from the 
        State of Oklahoma, be, and he is hereby, elected Speaker pro 
        tempore during the absence of The Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of the Honorable Carl Albert as 
        Speaker pro tempore during the absence of The Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. Albert assumed the Chair as Speaker pro tempore and Mr. 
    Celler administered the oath of office.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 13.--House Approval

    The House rules provide:

        [The Speaker] shall have the right to name any Member to 
    perform the duties of the Chair, but such substitution shall not 
    extend beyond three legislative days: Provided, however, That in 
    case of his illness, he may make such appointment for a period not 
    exceeding ten days, with the approval of 
    the House at the time the same is made. . . .(6)
---------------------------------------------------------------------------
 6. Rule I clause 7 of the House Rules and Manual Sec. 633 (1973).
---------------------------------------------------------------------------

    The approval of the House has been obtained by The Speaker pursuant 
to a unanimous-consent request where The Speaker, though not ill, 
wished to appoint a Speaker pro tempore who could serve beyond three 
legislative days(7) and to allow a designated Speaker pro 
tempore to sign enrolled bills during the period of his 
designation.(8)
---------------------------------------------------------------------------
 7. See Sec. 13.1, infra.
 8. See Sec. 13.2, infra.
---------------------------------------------------------------------------

    Because of this procedure's infrequent use in modern times it

[[Page 561]]

appears that a Speaker will more often invite the election of a Speaker 
pro tempore when the necessity arises, thus enabling him to sign 
enrolled bills and joint resolutions and vesting in him the fuller 
powers of an elected officer.(9)
---------------------------------------------------------------------------
 9. See Sec. 14, infra.
---------------------------------------------------------------------------

    The President and Senate are notified when a designated Speaker pro 
tempore has been given the approval of the House.(10)
---------------------------------------------------------------------------
10. See Sec. Sec. 13.1, 13.2, 
        infra.                          -------------------
---------------------------------------------------------------------------

House Approval of Designated Speaker Pro Tempore

Sec. 13.1 On rare occasions a Speaker, though not ill, will designate a 
    Speaker pro tempore and the House will approve the designation so 
    that the designated Speaker pro tempore may serve beyond three 
    legislative days.

    On Apr. 7, 1930,(11) Speaker Nicholas Longworth, of 
Ohio, designated a Speaker pro tempore to serve for a three-day period 
and ``thereafter'' until his return from a brief vacation.
---------------------------------------------------------------------------
11. 72 Cong. Rec. 6661, 71st Cong. 2d Sess. See also  12.1, supra.
---------------------------------------------------------------------------

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, I offer a 
    resolution and ask its immediate consideration.
        The Speaker: The gentleman from New York [Mr. Snell] offers a 
    resolution, which the Clerk will report.
        The Clerk read as follows:

            Resolved, That the designation of Hon. John Q. Tilson, a 
        Representative from the State of Connecticut, as Speaker pro 
        tempore be approved by the House and that the President and the 
        Senate be notified thereof.

        The Speaker: The question is on agreeing to the resolution.
        The resolution was unanimously agreed to.

Sec. 13.2 A designated Speaker pro tempore must be formally approved by 
    the House in order to sign enrolled bills during the period of time 
    of his designation.

    On Feb. 24, 1949,(12) the designated Speaker pro tempore 
John W. McCormack, of Massachusetts, received the approval of the House 
in order that he might sign enrolled bills.
---------------------------------------------------------------------------
12. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I offer a 
    privileged resolution (H. Res. 116) and ask for its immediate 
    consideration
        The Clerk read the resolution, as follows:

            Resolved, That the designation of Hon. John W. McCormack, a 
        Representative from the State of Massachusetts, as Speaker pro 
        tempore be approved by the House, and that the President of the 
        United States and the Senate be notified thereof.

[[Page 562]]

        Mr. [Francis H.] Case of South Dakota: Mr. Speaker, will the 
    gentleman yield?
        Mr. Mansfield: I yield to the gentleman from South Dakota.
        Mr. Case of South Dakota: As I understand, this is the 
    customary resolution to meet a situation, so that bills may be duly 
    enrolled and presented for signature?
        Mr. Mansfield: The gentleman is correct.
        The Speaker Pro Tempore: The question is on the resolution.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Montana [Mr. Mansfield] to administer the oath of office to the 
    Chair.
        Mr. Mansfield administered the oath of office as Speaker pro 
    tempore to Mr. McCormack.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 14. Election of Speaker Pro Tempore

    A House rule(13) provides for the election of a Speaker 
pro tempore when The Speaker is absent and has omitted designating a 
Speaker pro tempore.
---------------------------------------------------------------------------
13. Rule I clause 7, House Rules and Manual Sec. 633 (1973).
---------------------------------------------------------------------------

    This rule has been rarely invoked. Ordinarily, The Speaker will 
invite the election of a Speaker pro tempore before 
leaving(14) or the House will elect a Speaker pro tempore 
after The Speaker has already designated one.(15)
---------------------------------------------------------------------------
14. See Sec. Sec. 14.3-14.5, infra.
15. See Sec. 14. 6, infra.
            Parliamentarian's Note: As the illustrations under 
        Sec. 14.6 indicate, normally the Member designated Speaker pro 
        tempore by the Speaker is the person the House elects. However, 
        the House has the inherent power, and has exercised it, to 
        elect a person other than the Member so designated. See 
        Sec. 14.7, infra.
---------------------------------------------------------------------------

    A Speaker pro tempore is elected by formal resolution and the 
President and Senate are notified of his election.(16)
---------------------------------------------------------------------------
16. See Sec. Sec. 14.1, 14.2, infra, respectively.
---------------------------------------------------------------------------

    When a previously designated Speaker pro tempore is the Member who 
is to be elected Speaker pro tempore, he momentarily designates another 
Speaker pro tempore during the election process.(17)
---------------------------------------------------------------------------
17. See Sec. Sec. 14.6, 14.7, infra.
---------------------------------------------------------------------------

    An elected Speaker pro tempore is more than a ``stand-in'' Speaker. 
Indicative of this is the requirement that he swear a new oath upon his 
entering the office of Speaker pro tempore.(18)
---------------------------------------------------------------------------
18. See Sec. 11, supra.
---------------------------------------------------------------------------

    Moreover, an elected Speaker pro tempore assumes a much greater 
scope of authority from The Speaker than a designated Speaker pro 
tempore. Being elected, he does not have to have the

[[Page 563]]

unanimous consent of the House, as does the designated Speaker pro 
tempore, to carry out many of the more sensitive, but normal, duties 
that The Speaker would handle if present.(19) He must, 
however, be authorized by the House to perform certain duties even 
though he has been elected by the House, and not simply designated by 
The Speaker.(20)
---------------------------------------------------------------------------
19. See Sec. Sec. 14.8-14.12, infra.
20. See Sec. Sec. 14.13-14.16, infra. See also Sec. 4, supra, wherein 
        it is indicated that the Speaker also must be authorized to 
        sign enrolled bills and joint resolutions during the 
        adjournment of the House.
---------------------------------------------------------------------------

    Examples of the kinds of duties, powers, and functions assumed by 
an elected Speaker pro tempore from The Speaker include: administering 
the oath of office to new Members;(1) appointing 
conferees;(2) appointing committees to wait on the President 
and to inform him that the session's work is completed;(3) 
or that a quorum of both Houses is ready to receive his state of the 
Union message;(4) signing enrolled bills and joint 
resolutions during the adjournment of the House;(5) 
declaring recesses during a session;(6) and presiding at a 
joint session of the Congress.(7)
---------------------------------------------------------------------------
 1. See Sec. 14.8, infra.
 2. See Sec. Sec. 14.9, 14.10, infra.
 3. See Sec. 14.11, infra.
 4. See Sec. 14.13, infra.
 5. See Sec. 14.14, infra.
 6. See Sec. Sec. 14.15, 14.16, infra.
 7. See Sec. 14.12, infra.                          -------------------
---------------------------------------------------------------------------

Election by Resolution

Sec. 14.1 A Speaker pro tempore is elected by formal resolution.

    On Apr. 15, 1958,(8) Speaker pro tempore John W. 
McCormack, of Massachusetts, was elected by formal resolution to the 
office of Speaker pro tempore.
---------------------------------------------------------------------------
 8. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Oklahoma [Mr. (Carl) Albert] to assume the Chair.
        Mr. Albert assumed the chair.
        Mr. [Charles M.] Price [of Illinois]: Mr. Speaker, I offer a 
    resolution which I send to the Clerk's desk.
        The Clerk read as follows:

                              House Resolution 527

            Resolved, etc., That Hon. John W. McCormack, a 
        Representative from the State of Massachusetts, be, and he is 
        hereby, elected Speaker pro tempore during the absence of The 
        Speaker.
            Resolved. That the President and the Senate be notified by 
        the Clerk of the election of Hon. John W. McCormack as Speaker 
        pro tempore during the absence of The Speaker.

        The Speaker Pro Tempore [Mr. Albert]: The question is on the 
    resolution.

[[Page 564]]

        The resolution was agreed to and a motion to reconsider was 
    laid on the table.

Notification of President and Senate

Sec. 14.2 The President and the Senate are notified by the Clerk of the 
    election of a Speaker pro tempore.

    On Apr. 15, 1958,(9) House Resolution 527 was offered to 
elect the Speaker pro tempore John W. McCormack, of Massachusetts, as 
Speaker pro tempore during the absence of the Speaker:
---------------------------------------------------------------------------
 9. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles M.] Price [of Illinois]: Mr. Speaker, I offer a 
    resolution. . . .

            Resolved, That Hon. John W. McCormack, a Representative 
        from the State of Massachusetts, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of the Hon. John W. McCormack as 
        Speaker pro tempore during the absence of the Speaker.

        The resolution was adopted.

Election by Invitation of Speaker

Sec. 14.3 A Speaker who is ill may, under House practice, invite the 
    election of a Speaker pro tempore to serve during the absence of 
    the Speaker.

    On Apr. 2, 1940,(10) Speaker William B. Bankhead, of 
Alabama, having contracted a case of influenza, invited the election of 
a Speaker pro tempore.
---------------------------------------------------------------------------
10. 86 Cong. Rec. 3846, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a brief personal 
    statement to the House.
        I dislike very much to do so, but, unfortunately, a few weeks 
    ago I contracted a very severe case of influenza which seems to be 
    holding on to me with great tenacity. My physician has advised me 
    to take a little rest, and I am sure the Members of the House will 
    be pleased to accord me this privilege.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    offer a resolution and ask for its immediate consideration.
        The Clerk read as follows:

                              House Resolution 451

            Resolved, That Hon. Sam Rayburn, a Representative from the 
        State of Texas, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Sam Rayburn as Speaker pro 
        tempore during the absence of the Speaker.

        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.

Sec. 14.4 A Speaker who is not ill and who has not designated

[[Page 565]]

    a Speaker pro tempore may invite the election of a Speaker pro 
    tempore.

    On Mar. 24, 1944,(11) Speaker Sam Rayburn, of Texas, 
invited the election of a Speaker pro tempore.
---------------------------------------------------------------------------
11. 90 Cong. Rec. 3114, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a statement.
        The Chair hopes by next Thursday a concurrent resolution will 
    be passed recessing the Congress over until the 11th or 12th of 
    April. It will be impossible for the present occupant of the chair 
    to be in Washington next week, and therefore he has asked the 
    gentleman from Georgia [Mr. (Robert C. W.) Ramspeck] to offer a 
    resolution.
        Mr. Ramspeck: Mr. Speaker, I offer the following resolution (H. 
    Res. 483) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That Hon. John W. McCormack, a Representative 
        from the State of Massachusetts, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. John W. McCormack as Speaker 
        pro tempore during the absence of the Speaker. The resolution 
        was agreed to.

Sec. 14.5 A Speaker pro tempore may be elected for reasons other than 
    the illness of the Speaker.

    On May 21, 1937,(12) Speaker William B. Bankhead, of 
Alabama, desiring to deliver a commencement address at the University 
of Alabama, invited the election of a Speaker pro tempore during that 
period of time when he would be absent.
---------------------------------------------------------------------------
12. 81 Cong. Rec. 4898, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would like to make a brief statement.
        I have accepted an invitation to deliver the commencement 
    address at the University of Alabama, my alma mater, on Monday 
    next. While I am that far away, very candidly, I will state to you 
    gentlemen that I should like the privilege of remaining at my home 
    for just a few days. Under the rules of the House I could appoint a 
    Speaker pro tempore for three days, but under the circumstances, by 
    the indulgence of the House, I have requested the gentleman from 
    Texas, the majority leader [Sam Rayburn], to introduce a resolution 
    touching on the question.
        Mr. Rayburn: Mr. Speaker, I send to the Clerk's desk a 
    resolution at the request of the Speaker.
        The Clerk read as follows:

                              House Resolution 218

            Resolved, That Hon. Lindsay C. Warren, a Representative 
        from the State of North Carolina, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Lindsay C.

[[Page 566]]

        Warren as Speaker pro tempore during the absence of the 
        Speaker.

        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.

    On July 1, 1939,(13) Speaker William B. Bankhead, of 
Alabama, invited the election of a Speaker pro tempore while he took a 
period of recreation and rest.
---------------------------------------------------------------------------
13. 84 Cong. Rec. 8520, 8521, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Speaker desires the indulgence of the House to 
    make a personal statement.
        It is realized that we have been in continuous session now for 
    six months and it has been a rather arduous, strenuous session of 
    the House. Under our system of government, The Speaker of the House 
    cannot make visits of recreation or take a rest, except by the 
    indulgence of the membership. I must confess I am a little bit 
    tired. Next week will not be a tremendously heavy week, so far as 
    our legislative program is concerned, and I have therefore 
    requested the gentleman from North Carolina [Mr. (Robert L.) 
    Doughton] to introduce a resolution which will give me a short 
    leave of absence.
        Mr. Doughton: Mr. Speaker, I submit a resolution and ask for 
    its immediate consideration.
        The Clerk read the resolution as follows:

                              House Resolution 240

            Resolved, That Hon. Sam Rayburn, a Representative from the 
        State of Texas, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Sam Rayburn as Speaker pro 
        tempore during the absence of The Speaker.

        The resolution was agreed to.

    On Aug. 15, 1941,(14) Speaker Sam Rayburn, of Texas, 
invited the election of a Speaker pro tempore when he desired to leave 
for a short vacation beyond 10 days.
---------------------------------------------------------------------------
14. 87 Cong. Rec. 7194, 7195, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires at this time to make a short 
    statement. As you all know, for something like three years, and 
    especially the last 19\1/2\ months, the Chair has been very closely 
    tied to Washington. Although I have enjoyed hugely being here with 
    you ladies and gentlemen, I do have the very great desire of for a 
    few days sniffing a different atmosphere.
        I am homesick. I want to go home tomorrow. To all of you who go 
    home--and I hope you do--I trust you will find things fine at home 
    and that you will come back with a renewed vigor, imbued again with 
    the sentiment of your constituents. . . .
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, in 
    offering the following resolution for the election of a Speaker pro 
    tempore and asking for its immediate consideration I know I state 
    the sentiments of all the Members when I say that I hope that you 
    have a most enjoyable rest in your white house and in future White 
    Houses.
        The Clerk read the resolution (H. Res. 298), as follows:

[[Page 567]]

            Resolved, That Hon. Clifton A. Woodrum, a Representative 
        from the State of Virginia, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Clifton A. Woodrum as Speaker 
        pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        The Speaker: The gentleman from Virginia [Mr. Woodrum] will 
    present himself at the bar of the House for the purpose of taking 
    the oath.
        Mr. Woodrum of Virginia took the oath of office as Speaker pro 
    tempore.

    On June 9, 1949,(15) Speaker Sam Rayburn, of Texas, 
invited the election of a Speaker pro tempore when he desired to be 
away for two days and where the signing of enrolled bills would be 
necessary.
---------------------------------------------------------------------------
15. 95 Cong. Rec. 7509, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: It will not be possible for The Speaker to be here 
    on Monday or Tuesday of next week. For that reason, the Chair 
    recognizes the gentleman from Tennessee [Mr. (Albert A.) Gore].
        Mr. Gore: Mr. Speaker, I offer a resolution (H. Res. 243) and 
    ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That Hon. John W. McCormack, a Representative 
        from the State of Massachusetts, be, and he is hereby, elected 
        Speaker pro tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. John W. McCormack as Speaker 
        pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Speaker: This action is taken for two reasons: First, The 
    Speaker will not be here Monday and Tuesday, and the immediate 
    necessity is that there might be some enrolled bills that must be 
    signed.
        Mr. McCormack appeared at the bar of the House and took the 
    oath of office.

Member Elected

Sec. 14.6 When the need arises for an elected Speaker pro tempore, the 
    designated Speaker pro tempore normally, but not always, is the 
    person elected.

    On Mar. 15, 1966,(16) Speaker John W. McCormack, of 
Massachusetts, having designated Representative Carl Albert, of 
Oklahoma, as Speaker pro tempore, a resolution was introduced to elect 
Mr. Albert as Speaker pro tempore during the absence of the Speaker.
---------------------------------------------------------------------------
16. 112 Cong. Rec. 5823, 5824, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Eugene J.] Keogh [of New York]: Mr. Speaker, I offer a 
    privileged resolution and ask for its immediate consideration.

[[Page 568]]

        The Clerk read the resolution as follows:

                                H. Res. 779

            Resolved, That Hon. Carl Albert, a Representative from the 
        State of Oklahoma, be, and he is hereby, elected Speaker pro 
        tempore during the absence of The Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of the Honorable Carl Albert as 
        Speaker pro tempore during the absence of The Speaker.

        Mr. Keogh: Mr. Speaker, I want to mention that this resolution 
    is being offered at the request of the distinguished Speaker of the 
    House of Representatives.
        The Speaker Pro Tempore: (Mr. [Wilbur D.] Mills [of 
    Arkansas]):(17) The question is on the resolution.
---------------------------------------------------------------------------
17. Parliamentarian's Note: Mr. Mills was designated as Speaker pro 
        tempore during the election of the Speaker pro tempore Carl 
        Albert.
---------------------------------------------------------------------------

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. Albert assumed the Chair and the oath of office was 
    administered to him by Mr. [Emanuel] Celler, a Representative from 
    the State of New York.(18)
---------------------------------------------------------------------------
18. Parliamentarian's Note: Speaker McCormack left for Boston at 4:30 
        p.m. on Mar. 15, 1966, to address a joint session of the 
        Massachusetts General Court (the legislature) on Mar. 16 and 
        participated in St. Patrick's Day festivities on the 17th. Mr. 
        Albert was elected as Speaker pro tempore so that he could sign 
        the Tax Adjustment Act of 1966 (H.R. 12752), which the 
        President wanted to sign later that day.
---------------------------------------------------------------------------

Sec. 14.7 On rare occasions a Member other than the one designated 
    Speaker pro tempore by The Speaker is elected Speaker pro tempore 
    by the House.

    On Aug. 31, 1961,(19) the House was called to order by 
Speaker pro tempore Carl Albert, of Oklahoma, who laid before the House 
a letter from Speaker Sam Rayburn, of Texas. The proceedings were as 
follows:
---------------------------------------------------------------------------
19. 107 Cong. Rec. 17765, 17766, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair lays before the House a 
    communication [from Speaker Rayburn] which the Clerk will read.
        The Clerk read as follows:
        The Speaker's Rooms,
        U.S. House of Representatives,
        Washington, D.C.

            I hereby designate the Hon. Carl Albert to act as Speaker 
        pro tempore today.
                                                    Sam Rayburn,
                                                          Speaker.
                               * * * * *

        Mr. [Francis E.] Walter [of Pennsylvania]: Mr. Speaker, I send 
    to the Speaker's table a resolution (H. Res. 445) and ask for its 
    immediate consideration.

    The resolution called for the election of Representative John W. 
McCormack, of Massachusetts,

[[Page 569]]

as Speaker pro tempore during the absence of the Speaker. The 
resolution was agreed to.
    Mr. McCormack assumed the Chair and the oath of office was 
administered to him.(20)
---------------------------------------------------------------------------
20. Parliamentarian's Note: Speaker Rayburn last presided over the 
        House on Wednesday, Aug. 30, 1961, during a call of Calendar 
        Wednesday business. Because of illness, he departed for his 
        home in Bonham, Tex., on the morning of Aug. 31. Speaker 
        Rayburn died there on Nov. 16, 1961.
---------------------------------------------------------------------------

Duties, Powers, Functions

Sec. 14.8 In the absence of the Speaker, an elected Speaker pro tempore 
    administers the oath of office to new Members, without the 
    requirement of unanimous consent of the House.

    On Jan. 10, 1966,(1) elected Speaker pro tempore Carl 
Albert, of Oklahoma, administered the oath of office to new Members 
without the requirement of unanimous consent of the 
House.(2)
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
 2. Parliamentarian's Note: The Congressional Record does not 
        explicitly refer to the administration of the oath of office to 
        the new Members by the elected Speaker pro tempore, but such in 
        fact did take place.
---------------------------------------------------------------------------

Sec. 14.9 An elected Speaker pro tempore appoints conferees without the 
    requirement of the unanimous consent of the House.

    On Sept. 20, 1961,(3) elected Speaker pro tempore John 
W. McCormack, of Massachusetts, appointed conferees for the House 
without requesting the unanimous consent of the House to make such 
appointments.
---------------------------------------------------------------------------
 3. 107 Cong. Rec.. 20491, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, I ask 
    unanimous consent that the gentleman from Mississippi [Mr. 
    Abernethy] be excused as a conferee on the bill H.R. 5968, and that 
    another Member be designated as a conferee in his place.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from South Carolina?
        There was no objection.
        The Speaker Pro Tempore: The Chair appoints to the committee of 
    conference the gentleman from Alabama [Mr. Huddleston] vice the 
    gentleman from Mississippi [Mr. Abernethy].
        The Clerk will notify the Senate of the appointment by the 
    Speaker pro tempore.

Sec. 14.10 An elected Speaker pro tempore appoints successor conferees 
    without the requirement of unanimous consent of the House.

    On Sept. 5, 1961,(4) elected Speaker pro tempore John W.

[[Page 570]]

McCormack, of Massachusetts, appointed a successor conferee to replace 
a Member who was resigning as a conferee. He laid before the House the 
Member's letter of resignation, saying:
---------------------------------------------------------------------------
 4. 107 Cong. Rec. 18183, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chair appoints the gentleman from Michigan, Mr. Meader, as 
    a manager on the part of the House at the conference on S. 1653, 
    vice the gentleman from New York, Mr. Miller, who has been excused; 
    and the Clerk will notify the Senate thereof.

Sec. 14.11 An elected Speaker pro tempore appoints a committee to wait 
    on the President and inform him that the House has completed the 
    business of the session and is ready to adjourn.

    On Sept. 27 (legislative day, Sept. 25), 1961,(5) the 
House agreed on a resolution enabling elected Speaker pro tempore John 
W. McCormack, of Massachusetts, to appoint a committee to wait on the 
President to notify him that the two Houses had completed the business 
of the session and were ready to adjourn unless the President had some 
other communication to make to the Congress. After the House had agreed 
to a resolution for the appointment of the committee, the Speaker pro 
tempore declared:
---------------------------------------------------------------------------
 5. 107 Cong. Rec. 21518, 21528, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chair appoints the gentleman from Oklahoma [Mr. Albert] and 
    the gentleman from Illinois [Mr. Arends] to wait on the President.

Sec. 14.12 An elected Speaker pro tempore presides at a joint session 
    of Congress to hear an address by the President.

    On June 10, 1952,(6) elected Speaker pro tempore John W. 
McCormack, of Massachusetts, presided at the joint session of the 
Congress to hear an address by President Harry S. Truman on the crisis 
in the steel industry.
---------------------------------------------------------------------------
 6. 98 Cong. Rec. 6928-30, 82d Cong. 2d Sess.
---------------------------------------------------------------------------

        The recess having expired, the House was called to order by the 
    Speaker pro tempore at 12 o'clock and 24 minutes p.m. . . .
        The Speaker pro tempore presided.
        . . . [T]he Vice President took the chair at the right of the 
    Speaker pro tempore. . . .
        The Speaker Pro Tempore: On the part of the House the Chair 
    appoints as members of the committee to escort the President of the 
    United States into the Chamber, the gentleman from Tennessee, Mr. 
    Priest; the gentleman from North Carolina, Mr. Doughton; and the 
    gentleman from Massachusetts, Mr. Martin.

        The Vice President [Alben W. Barkley, of Kentucky]: On the part 
    of the Senate, the Chair appoints as members of the committee of 
    escort the Senator from Arizona, Mr. McFarland; the Senator from 
    New Hampshire, Mr. Bridges; and the Senator from South Carolina, 
    Mr. Maybank. . . .

[[Page 571]]

        At 12:30 o'clock p.m. the Doorkeeper announced the President of 
    the United States.
        The President of the United States, escorted by the committee 
    of Senators and Representatives, entered the Hall of the House of 
    Representatives and stood at the Clerk's desk. [Applause, the 
    Members rising.]
        The Speaker Pro Tempore: Members of the Congress, I have the 
    distinguished honor of presenting to you the President of the 
    United States.
        The President: Mr. President, Mr. Speaker, Members of the 
    Congress, I should like to report to the Congress on certain events 
    that have happened in connection with the current dispute in the 
    steel industry since I last communicated with Congress on that 
    subject. . . .
        At 12 o'clock; and 50 minutes p.m., the President, accompanied 
    by the committee of escort, retired from the Hall of the House of 
    Representatives. . . .
        The Speaker Pro Tempore: The Chair declares the joint session 
    of the two Houses now dissolved.
        Thereupon (at 12 o'clock and 52 minutes p.m.) the joint session 
    of the two Houses was dissolved.

Actions Requiring Authorization

Sec. 14.13 Even though the Speaker pro tempore is elected, he must be 
    authorized by resolution to appoint a committee to notify the 
    President that a quorum of each House has assembled and is ready to 
    receive his state of the Union message.

    On Jan. 10, 1966,(7) elected Speaker pro tempore Carl 
Albert, of Oklahoma, pursuant to a resolution authorizing him to do so, 
appointed a committee to notify the President that a quorum of each 
House had assembled and that the Congress was ready to receive any 
communication that he may be pleased to make.
---------------------------------------------------------------------------
 7. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, I offer a 
    preferential resolution and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 628

            Resolved, That a committee of three members be appointed by 
        the Speaker pro tempore on the part of the House of 
        Representatives to join with the committee on the part of the 
        Senate, to notify the President of the United States that a 
        quorum of each House is assembled, and Congress is ready to 
        receive any communication that he may be pleased to make.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Speaker Pro Tempore: The Chair appoints as members of the 
    committee on the part of the House to join with the committee on 
    the part of the Senate to notify the President of the United States 
    that a quorum of each

[[Page 572]]

    House is assembled and that the Congress is ready to receive any 
    communication he may be pleased to make, the gentleman from 
    Louisiana [Mr. Boggs], the gentleman from New York [Mr. Celler], 
    and the gentleman from Michigan [Mr. Gerald R. Ford].

Sec. 14.14 Even though the Speaker pro tempore is elected, he must be 
    authorized to sign enrolled bills and joint resolutions during an 
    adjournment of the House.

    On July 7, 1958,(8) Speaker Sam Rayburn, of Texas, 
designated John W. McCormack, of Massachusetts, Speaker pro tempore in 
writing. That same day Speaker pro tempore McCormack was elected 
Speaker pro tempore during the absence of the Speaker.
---------------------------------------------------------------------------
 8. 104 Cong. Rec. 13061, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

    On July 10, 1958,(9) unanimous consent was requested 
that notwithstanding the adjournment of the House Speaker pro tempore 
McCormack be authorized to sign any enrolled bills and joint 
resolutions duly passed by the two Houses.
---------------------------------------------------------------------------
 9. 104 Cong. Rec. 13418, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that notwithstanding the adjournment of the House until 
    Monday next, the clerk be authorized to receive messages from the 
    Senate and that the Speaker pro tempore be authorized to sign any 
    enrolled bills and joint resolutions duly passed by the two Houses 
    and found truly enrolled.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Oklahoma?
        There was no objection.

    On Sept. 21, 1961,(10) unanimous consent was requested 
that notwithstanding the adjournment of the House, elected Speaker pro 
tempore John W. McCormack, of Massachusetts, be authorized to sign 
enrolled bills and joint resolutions during the adjournment.
---------------------------------------------------------------------------
10. 107 Cong Rec. 20572, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that notwithstanding the adjournment of the House until 
    tomorrow, the Speaker pro tempore [Mr. McCormack] be authorized to 
    sign any enrolled bills and joint resolutions duly passed by the 
    two Houses and found truly enrolled.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Oklahoma?
        There was no objection.

Sec. 14.15 Even though a Speaker pro tempore is elected, in the absence 
    of the Speaker he must be authorized to declare recesses during a 
    session.

    On Aug. 31, 1961, the Honorable John W. McCormack, of Mas

[[Page 573]]

sachusetts, was elected as Speaker pro tempore in the absence of 
Speaker Sam Rayburn, of Texas, because of illness.
    On Sept. 16, 1961,(11) a unanimous-consent request was 
offered by Representative Carl Albert, of Oklahoma, enabling Speaker 
pro tempore McCormack to declare recesses subject to the call of the 
Chair during the rest of the session.
---------------------------------------------------------------------------
11. 107 Cong. Rec. 19800, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Albert: And if the gentleman will yield for the purpose, I 
    would like also to ask unanimous consent that any time during the 
    remainder of this session it may be in order for the Speaker pro 
    tempore to declare recesses subject to the call of the Chair. . . .
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, reserving 
    the right to object, may I say in connection with this request that 
    this matter has been called to my attention. It is standard 
    procedure as we come up to the end of a session. I sincerely hope 
    it is not objected to, because its adoption will very materially 
    expedite the business of the House of Representatives to the 
    objective of sine die adjournment.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Oklahoma?
        There was no objection

Sec. 14.16 An elected Speaker pro tempore who is authorized to declare 
    recesses at any time during the remainder of a session may declare 
    a recess despite an objection to a unanimous-consent request that 
    the House adjourn.

    On Sept. 23 (legislative day, Sept. 22), 1961,(12) 
unanimous consent was requested to adjourn to meet at an hour other 
than that prescribed as the daily hour of meeting. When objection was 
heard, elected Speaker pro tempore John W. McCormack, of Massachusetts, 
declared a recess.
---------------------------------------------------------------------------
12. 107 Cong. Rec. 20854, 20867, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that when the House adjourns today, it adjourn to meet at 
    10 o'clock a.m. tomorrow.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Oklahoma?
        Mr. [H. Carl] Andersen of Minnesota: I object. . . .
        The Speaker Pro Tempore: The House will stand in recess until 
    10 o'clock tomorrow morning.

[[Page 574]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 15. Qualifications


    This division(13) discusses the officers of the House 
(other than the Speaker and Speaker pro tempore)--the Clerk, Sergeant 
at Arms, Doorkeeper, Postmaster(14) and Chaplain; it 
discusses their election,(15) compensation,(16) 
duties,(17) and the problem of vacancies and the selection 
of successors.(18)
---------------------------------------------------------------------------
13. Generally see 1 Hinds' Precedents Ch. 6 and 6 Cannon's Precedents 
        Ch. 153, for precedents prior to 1936 which relate to House 
        officers.
14. The Postmaster, whose duties are outlined in Rule VI of the House 
        Rules and Manual Sec. 654 (1973), is an officer of the House. 
        See 1 Hinds' Precedents Sec. Sec. 269-271 and 6 Cannon's 
        Precedents Sec. 34.
15.  See Sec. 16, infra.
16. See Sec. 17, infra.
17. See Sec. Sec. 18-21, infra.
18. See Sec. 22, infra.
See also Ch. 37, infra, relating to resignations, and Ch. 38, infra, 
        relating to deaths of officers.
---------------------------------------------------------------------------

    Every officer of the Congress is authorized to determine the 
qualifications of all individuals before appointing them to subordinate 
positions and to discipline any employee under his 
supervision.(19) And any officer who violates the statutory 
prohibitions against assigning employees to positions for which they 
were not appointed,(20) against dividing 
salaries,(1) or against subletting duties of 
employees(2) may be removed from office.(3)
---------------------------------------------------------------------------
19. 2 USCA Sec. 60-1(a).
20. 2 USC Sec. 85.
 1. 2 USC Sec. 86.
 2. 2 USC Sec. 87.
 3. 2 USCA Sec. 90.
---------------------------------------------------------------------------

    The House rules provide that no person who is an agent for the 
prosecution of any claim against the government, or who is interested 
in such claim other than as an original claimant, may serve as an 
officer or continue as an employee of the House.(4)
---------------------------------------------------------------------------
 4. Rule XLI, House Rules and Manual Sec. 937 (1973).
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 16. Election

    Although the Constitution(5) provides that, ``The House 
. . . shall chuse their Speaker and other officers . . .'', it neither 
names the officers nor sets forth their method of selection. This gap 
has been filled by Rule II of the House Rules and Manual which provides 
that the Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and Chaplain 
shall be elected ``by viva voce vote'' at the commence

[[Page 575]]

ment of each Congress.(6) Despite this language, officers 
are usually chosen by resolution.(7)
---------------------------------------------------------------------------
 5. U.S. Const. art. I, Sec. 2.
 6. See 1 Hinds' Precedents Sec. 187 for origin of the provision 
        dealing with viva voce vote.
 7. See Sec. Sec. 16.1 et seq.
---------------------------------------------------------------------------

    At the commencement of a Congress, each party's caucus selects one 
nominee for each office.(8) The majority submits its slate 
of nominees and the minority usually submits a substitute resolution 
containing its slate.(9) The House then votes on these 
resolutions. Because of this practice, officers are actually chosen by 
party caucuses.
---------------------------------------------------------------------------
 8. See Ch. 3, supra, for a discussion of the nomination of House 
        officers in the party caucus.
 9. See for example, Sec. 16.1, infra, for an instance in which 
        resolutions were offered. But see 111 Cong. Rec. 20, 89th Cong. 
        1st Sess., Jan. 4, 1965, in which the minority did not offer a 
        substitute 
        resolution.                          -------------------
---------------------------------------------------------------------------

Procedure at Commencement of Congress

Sec. 16.1 The House elects its officers by resolution.

    At the commencement of the 92d Congress, the chairman of the 
majority party caucus offered a resolution containing names of persons 
selected by it to serve as House officers:(10)
---------------------------------------------------------------------------
10. 117 Cong. Rec. 13, 92d Cong. 1st Sess., Jan. 21, 1971.
---------------------------------------------------------------------------

        Mr. [Olin E.] Teague of Texas [Chairman of the Democratic 
    Caucus]: Mr. Speaker, I offer a resolution (H. Res. 1) and ask for 
    its immediate consideration.
        The Clerk read the resolution as follows:

                                 H. Res. 1

            Resolved, That W. Pat Jennings, of the Commonwealth of 
        Virginia, be, and he is hereby, chosen Clerk of the House of 
        Representatives;
            That Zeake W. Johnson, Jr., of the State of Tennessee, be, 
        and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives;
            That William M. Miller, of the State of Mississippi, be, 
        and he is hereby, chosen Doorkeeper of the House of 
        Representatives;
            That H. H. Morris, of the Commonwealth of Kentucky, be, and 
        he is hereby, chosen Postmaster of the House of 
        Representatives;
            That Reverend Edward O. Latch D.D., of the District of 
        Columbia, be, and he is hereby, chosen Chaplain of the House of 
        Representatives.

    Following introduction of this resolution, the chairman of the 
minority party caucus,(11) offered a substitute amendment 
containing the names of persons selected by the minority caucus to 
serve as officers:
---------------------------------------------------------------------------
11. Compare 111 Cong. Rec. 20, 89th Cong. 1st Sess., Jan. 4, 1965, for 
        an instance in which the minority did not offer a substitute 
        amendment.
---------------------------------------------------------------------------

        Mr. [John B.] Anderson of Illinois [Chairman of the Republican 
    Conference]: Mr. Speaker, I offer a substitute amendment. . . .
        The Clerk read the substitute amendment, as follows:

[[Page 576]]

            Amendment offered by Mr. Anderson of Illinois as a 
        substitute for the remainder of House Resolution 1:
            Resolved, That Joe Bartlett, of the State of Ohio, be, and 
        he is hereby, chosen Clerk of the House of Representatives;
            ``That Robert T. Hartmann, of the State of Maryland, be, 
        and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives;
            ``That William R. Bonsell, of the Commonwealth of 
        Pennsylvania, be, and he is hereby, chosen Doorkeeper of the 
        House of Representatives;
            ``That Tommy Lee Winebrenner, of the State of Indiana, be, 
        and he is hereby, chosen Postmaster of the House of 
        Representatives.''

    After the substitute amendment was offered, the Speaker called for 
votes first on the amendment and then on the majority resolution:

        The Speaker [John W. McCormack, of Massachusetts]: The question 
    is on the substitute amendment.
        The substitute amendment was rejected.
        The Speaker: The question is on the resolution offered by the 
    gentleman from Texas (Mr. Teague).
        The resolution was agreed to.

        A motion to reconsider was laid on the table.
        The Speaker: Will the officers elected present themselves at 
    the bar of the House and take the oath of office?
        The officers-elect presented themselves at the bar of the House 
    and took the oath of office.

Sec. 16.2 Where the minority does not contest the majority's nominee 
    for Chaplain, it may request a separate vote for that office.

    Under the normal procedure for electing House officers, the 
chairman of the majority caucus offers a resolution which contains the 
names of the party's nominees for officers. The chairman of the 
minority caucus offers a substitute resolution containing the names of 
his party's nominees. However, when the minority does not contest the 
majority's nominee for a particular office, the chairman of the 
minority caucus may ask for a division of the House so that Members may 
have a separate vote on the uncontested office.
    For example, on Jan. 10, 1967,(12) and Jan. 3, 
1969,(13) members of the minority, Mr. Leslie C. Arends, of 
Illinois, and Mr. John B. Anderson, of Illinois, respectively, 
requested a division on the resolution so that a separate and unanimous 
vote could be held for the office of the Chaplain because the minority 
caucus, the Republican Conference, did not offer a candidate for that 
office. Thus, Mr. Anderson made the following statement.(14)
---------------------------------------------------------------------------
12. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
13. 115 Cong. Rec. 35, 91st Cong. 1st Sess.
14. 115 Cong. Rec. 34, 91st Cong. 1st Sess., Jan. 3, 1969.
---------------------------------------------------------------------------

        Mr. Anderson of Illinois [Chairman of the Republican 
    Conference]: Mr.

[[Page 577]]

    Speaker, I have a substitute to offer to the resolution [majority 
    resolution for the election of officers], but before offering the 
    substitute I request that there be a division on the question on 
    the resolution so that we may have a separate vote on the office of 
    Chaplain.
        The Speaker [John W. McCormack, of Massachusetts]: The 
    gentleman from Illinois demands a division in relation to the 
    election of the Chaplain.
        The question is on agreeing to that portion of the resolution 
    providing for the election of the Chaplain [which was agreed to]. . 
    . .

Sergeant at Arms

Sec. 16.3 The Clerk has been elected to serve concurrently as Sergeant 
    at Arms, following the death of the incumbent.

    On July 8, 1953,(15) following the death that day of the 
Sergeant at Arms, William F. Russell, a Member, Charles A. Halleck, of 
Indiana, offered and the House agreed to the following resolution (H. 
Res. 323):
---------------------------------------------------------------------------
15. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That Lyle O. Snader, of the State of Illinois, 
        be, and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives to serve in that capacity until another person 
        is chosen by the House of Representatives to be and duly 
        qualifies as Sergeant at Arms: Provided, That the said Lyle O. 
        Snader shall serve as Sergeant at Arms notwithstanding his 
        concurrent incumbency as Clerk of the House of Representatives, 
        but for his additional duties as Sergeant at Arms he shall 
        receive no compensation additional to that he receives as Clerk 
        of the House of Representatives.

    On the same date, the House(16) and 
Senate(17) passed the following joint resolution (H.J. Res. 
292):(18)
---------------------------------------------------------------------------
16. Id.
17. 99 Cong. Rec. 8203, 83d Cong. 1st Sess.
18. Parliamentarian's Note: This joint resolution was enacted to remove 
        doubt about the necessity to pay dual compensation, a practice 
        prohibited by statute (5 USC Sec. 58). See also Sec. 17.3, 
        infra.
---------------------------------------------------------------------------

            Resolved. That Lyle O. Snader, of the State of Illinois, 
        be, and he is hereby, authorized, notwithstanding the 
        provisions of any other law, to serve concurrently as Clerk and 
        Sergeant at Arms of the House of Representatives until another 
        person is chosen by the House of Representatives to be and duly 
        qualifies as Sergeant at Arms; and while the said Lyle O. 
        Snader is so serving the compensation received by him as Clerk 
        of the House of Representatives shall be in full discharge for 
        any services rendered by him to the House of Representatives 
        during such period of concurrent services.

    The joint resolution was offered in the House by Mr. Halleck, the 
Majority Leader.

Sec. 16.4 A temporary appointee to the office of Sergeant at Arms has 
    been elected Sergeant at Arms.

[[Page 578]]

    On Jan. 11, 1954,(19) the House agreed to the following 
resolution:
---------------------------------------------------------------------------
19. 100 Cong. Rec. 134, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That William R. Bonsell of the State of 
        Pennsylvania, be, and he is hereby, chosen Sergeant at Arms of 
        the House of Representatives.

    Mr. Bonsell had served as acting Sergeant at Arms since appointment 
by the Speaker, pursuant to 2 USCA  75a-1(a), on Sept. 15, 
1953.(20)
---------------------------------------------------------------------------
20. See Sec. 22.2, infra, for discussion of appointment of Mr. Bonsell 
        as acting Sergeant at Arms.
---------------------------------------------------------------------------

Sec. 16.5 A Sergeant at Arms was elected following the resignation of 
    the incumbent.

    On Sept. 25, 1972,(1) the Sergeant at Arms, Zeake W. 
Johnson, Jr., of Tennessee, having tendered his resignation, Mr. Olin 
E. Teague of Texas, offered and the House agreed to the following 
resolution (H. Res. 1134):
---------------------------------------------------------------------------
 1. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That Kenneth R. Harding of the Commonwealth of 
        Virginia be, and he is hereby chosen Sergeant at Arms of the 
        House of Representatives, effective on October 1, 1972.

    Mr. Harding, the Sergeant at Arms-elect, presented himself at the 
bar of the House and took the oath of office.(2)
---------------------------------------------------------------------------
 2. See Sec. 22.3, infra, for discussion of circumstances preceding the 
        election of Mr. Harding.
---------------------------------------------------------------------------

Doorkeeper

Sec. 16.6 A Doorkeeper was elected following the death of the 
    incumbent.

    On Feb. 5, 1943,(3) the House agreed to the following 
resolution:
---------------------------------------------------------------------------
 3. 89 Cong. Rec. 634, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That Ralph R. Roberts, of the State of Indiana, 
        be, and he is hereby, chosen Doorkeeper of the House of 
        Representatives.

    The incumbent Doorkeeper, Joseph J. Sinnott, had died on Jan. 27, 
1943.(4)
---------------------------------------------------------------------------
 4. See 89 Cong. Rec. 421, 78th Cong. 1st Sess., Jan. 28, 1943, for 
        announcement of Doorkeeper's death.
---------------------------------------------------------------------------

Chaplain

Sec. 16.7 A Chaplain who resigned because of illness was elected 
    Chaplain emeritus.

    On Jan. 30, 1950,(5) Mr. John W. McCormack, of 
Massachusetts, offered and the House agreed to the following House 
resolution (H. Res. 453):
---------------------------------------------------------------------------
 5. 96 Cong. Rec. 1095, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That immediately following his resignation as 
        Chaplain of the House of Representatives, James Shera 
        Montgomery be, and he is hereby, appointed Chaplain emeritus of 
        the House of Representatives, with salary at the basic rate of 
        $2,350 per annum, payable monthly, to be paid out of the 
        contingent fund

[[Page 579]]

        of the House until otherwise provided by law.(6)
---------------------------------------------------------------------------
 6. After the House agreed to the above resolution, the Speaker laid 
        before the House a letter of resignation from Rev. Montgomery 
        which indicated that the reason for his action was illness. The 
        resignation was accepted without objection.
            See also 6 Cannon's Precedents Sec. 31, for letter of 
        resignation of Rev. Henry N. Couden as Chaplain and House 
        resolution electing him Chaplain emeritus. Rev. Montgomery 
        succeeded Rev. Couden.
---------------------------------------------------------------------------

Sec. 16.8 A Chaplain was elected following resignation of the 
    incumbent.

    On Jan. 30, 1950,(7) Mr. Francis E. Walter, of 
Pennsylvania, offered and the House agreed to the following House 
resolution (H. Res. 454):
---------------------------------------------------------------------------
 7. 96 Cong. Rec. 1097, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That Rev. Bernard Braskamp, of the District of 
        Columbia, be, and he is hereby, chosen Chaplain of the House of 
        Representatives.
Rev. Braskamp succeeded Rev. Montgomery.

Sec. 16.9 A temporary appointee as Chaplain during one Congress was 
    elected Chaplain at the commencement of the next Congress.

    On Jan. 10, 1967,(8) at the commencement of the 90th 
Congress, Rev. Edward Gardiner Latch, D.D., L.H.D., who had served as 
acting Chaplain since his appointment on Mar. 14, 1966,(9) 
was elected Chaplain of the House in an uncontested vote.
---------------------------------------------------------------------------
 8. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
 9. See Sec. 22.4, infra, for appointment of Rev. Latch.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 17. Oath; Compensation

    Rule II of the House Rules and Manual provides that each person who 
is elected to the office of Clerk,(10) Sergeant at Arms, 
Doorkeeper, Postmaster, or Chaplain, ``. . . shall take an oath to 
support the Constitution of the United States, and for the true and 
faithful discharge of the duties of his office to the best of his 
knowledge and ability, and to keep the secrets of the House . . 
.''(11)
---------------------------------------------------------------------------
10. Administration of the oath to the Clerk by the Speaker is required 
        by statute, 2 USC Sec. 25. Although the Speaker is not required 
        to administer the oath to any other officer, he does so in 
        practice (see 1 Hinds' Precedents Sec. 81).
11.  See 1 Hinds' Precedents Sec. 187, indicating that the requirement 
        that the officers be sworn to keep the secrets of the House is 
        obsolete.
---------------------------------------------------------------------------

    The officers of the House take the following oath:

        I, AB, do solemnly swear (or affirm) that I will support and 
    defend the Con

[[Page 580]]

    stitution of the United States against all enemies, foreign and 
    domestic; that I will bear true faith and allegiance to the same; 
    that I take this obligation freely, without any mental reservation 
    or purpose of evasion; and that I will well and faithfully 
    discharge the duties of the office on which I am about to enter. So 
    help me God. (5 USCA Sec. 3331.)

    The compensation of House officers is determined by statute, and 
adjustments thereto are sometimes effected by resolution. Statutes 
establish the compensation for the Clerk,(12) Sergeant at 
Arms,(13) Doorkeeper,(14) 
Postmaster,(1) and Chaplain.(2)
---------------------------------------------------------------------------
12. See 2 USCA Sec. 60e-13, which provides that compensation of the 
        Clerk of the House of Representatives shall equal that of the 
        Secretary of the Senate and Sergeant at Arms of the Senate.
13. See 2 USCA Sec. 60e-13, which provides that compensation of the 
        Sergeant at Arms of the House shall equal that of the Secretary 
        of the Senate and Sergeant at Arms of the Senate.
            2 USCA Sec. 77 provides that the Sergeant at Arms shall 
        receive no compensation in addition to the salary prescribed by 
        law.
14. See 2 USCA Sec. 76-1, which provides that the compensation of the 
        House Doorkeeper shall equal that of the Clerk and Sergeant at 
        Arms of the House.
 1. 2 USCA Sec. 84-1.
 2. 2 USCA Sec. 84-2.
---------------------------------------------------------------------------

    The House by resolution has established,(3) 
increased,(4) and adjusted the amount of an officer's 
compensation;(5) and it has by the same method suspended 
statutory salaries and replaced them with an administrative 
schedule.(6) Resolutions have also been passed to prevent 
payment of dual compensation to one person who held two offices 
concurrently.(7)
---------------------------------------------------------------------------
 3. See Sec. 17.4, infra.
 4. See Sec. 17.5, infra.
 5. See Sec. 17.6, infra.
 6. See Sec. 17.7, infra.
 7. See Sec. 17.3, infra, for joint resolution and Sec. 16.3, supra, 
        for simple resolution disallowing dual compensation to the 
        clerk during the period he served concurrently as Sergeant at 
        Arms.                          -------------------
---------------------------------------------------------------------------

Oath

Sec. 17.1 An officer elected to hold an additional office concurrently 
    takes a separate oath for the additional office.

    When he was chosen to serve concurrently as Sergeant at Arms on 
July 8, 1953,(8) Lyle O. Snader, of Illinois, appeared at 
the bar of the House to take the oath as Sergeant at Arms 
notwithstanding the fact that he had taken an oath when he was elected 
Clerk.
---------------------------------------------------------------------------
 8. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
            See Sec. 16.3, supra, for a discussion of election of the 
        clerk as Sergeant at Arms.
---------------------------------------------------------------------------

Sec. 17.2 A person elected as a permanent officer appears at

[[Page 581]]

    the bar of the House to take the oath administered by the 
    Speaker.(9)
---------------------------------------------------------------------------
 9. See for example 96 Cong. Rec. 1311, 81st Cong. 2d Sess., Feb. 1, 
        1950, administration of oath to Rev. Bernard Braskamp after 
        election as Chaplain of the House.
---------------------------------------------------------------------------

    Parliamentarian's Note: As a general rule, a person designated by 
the Speaker to act as a temporary officer pursuant to 2 USCA Sec. 75a-1 
does not appear at the bar of the House to take the oath but subscribes 
to it in writing when he accepts the appointment.(10)
---------------------------------------------------------------------------
10. But see Sec. 22.3, infra, for a discussion of appointment of Zeake 
        W. Johnson, Jr., as temporary Sergeant at Arms following his 
        resignation as Sergeant at Arms. On that occasion, Mr. Johnson 
        appeared at the bar of the House to take the oath as acting 
        Sergeant at Arms from Speaker Carl Albert (Okla.).
---------------------------------------------------------------------------

Compensation

Sec. 17.3 The House and Senate by joint resolution have prevented 
    payment of dual compensation to a person who held two offices.

    On July 8, 1953, the House(11) and Senate(12) 
passed the following joint resolution (H.J. Res. 292:(13)
---------------------------------------------------------------------------
11. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
12. Id. at p. 8203.
13. Pub. L. No. 83-106, 83d Congress, approved July 9, 1953, 67 Stat. 
        141.
---------------------------------------------------------------------------

            Resolved by the Senate and House of Representatives of the 
        United States of America in Congress assembled, That Lyle O. 
        Snader, of the State of Illinois, be, and he is hereby, 
        authorized, notwithstanding the provisions of any other law, to 
        serve concurrently as Clerk and Sergeant-at-Arms of the House 
        of Representatives until another person is chosen by the House 
        of Representatives to be and duly qualifies as Sergeant-at-
        Arms; and while the said Lyle O. Snader is so serving the 
        compensation received by him as Clerk of the House of 
        Representatives shall be in full discharge for any services 
        rendered by him to the House of Representatives during such 
        period of concurrent service.

    Parliamenatarian's Note: Because a statute (5 USCA Sec. 58) 
prohibited anyone from receiving dual compensation from the government, 
the joint resolution was enacted to remove all doubt of the necessity 
to pay dual compensation, which if paid or required to be paid, might 
have made it illegal for one person to occupy two offices. A House 
resolution was also passed on this occasion.(14)
---------------------------------------------------------------------------
14. See Sec. 16.3, supra, for a discussion of the clerk's election as 
        Sergeant at Arms and the House resolution offered on this 
        occasion.
---------------------------------------------------------------------------

Sec. 17.4 The House has established a base rate of compensation for an 
    officer to be paid as long as the office is held by the present 
    incumbent.

[[Page 582]]

    On Feb. 2, 1961,(15) a Member, John W. McCormack, of 
Massachusetts, offered and the House agreed to the following resolution 
(H. Res. 138):
---------------------------------------------------------------------------
15. 107 Cong. Rec. 1682, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That effective February 1, 1961, the basic 
        compensation of the Deputy Sergeant at Arms (charge of pairs), 
        Office of the Sergeant at Arms, shall be at the rate of $7,000 
        per annum so long as held by the present incumbent. The 
        additional amounts necessary to carry out this resolution shall 
        be paid out of the contingent fund until otherwise provided by 
        law.

Sec. 17.5 The House has provided additional compensation for an officer 
    to be paid as long as the office is held by the present incumbent.

    On July 31, 1953,(16) a Member, Karl M. LeCompte, of 
Iowa, offered and the House agreed to the following resolution (H. Res. 
355):
---------------------------------------------------------------------------
16. 99 Cong. Rec. 10671, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That effective August 1, 1953, there shall be 
        paid out of the contingent fund of the House until otherwise 
        provided by law additional compensation at the gross rate of 
        $1,254 per annum to the Chaplain of the House of 
        Representatives so long as the position is held by the present 
        incumbent.

Sec. 17.6 The House by simple resolution has adjusted a salary 
    established by statute.

    On Mar. 31, 1965,(17) a Member, Carl Albert, of 
Oklahoma, offered and the House agreed to the following resolution (H. 
Res. 313):
---------------------------------------------------------------------------
17. 111 Cong. Rec. 6412, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That, effective April 1, 1965, the compensation 
        of the Chaplain of the House of Representatives shall be at a 
        gross per annum rate which is equal to the gross per annum rate 
        of compensation of the Chaplain of the Senate. The additional 
        sums necessary to carry out this resolution shall be paid out 
        of the contingent fund of the House until otherwise provided by 
        law.

    Parliamentarian's Note: This resolution was intended to remove the 
inequity in the Federal Employee's Salary Act of 1964 which increased 
the salary of the House Chaplain from $10,000 to $12,500 (2 USCA Sec.  
84-2) while at the same time raising the salary of the Chaplain of the 
Senate to $15,000 (2 USCA Sec.  61d).

Sec. 17.7 The House by simple resolution has suspended fixed salaries 
    for certain officers and substituted an administrative compensation 
    schedule.

    On Oct. 4, 1972,(18) a Member, Wayne L. Hays, of Ohio, 
on behalf of the Committee on House Administration, offered and the

[[Page 583]]

House passed the following resolution (H. Res. 890):
---------------------------------------------------------------------------
18. 118 Cong. Rec. 33744, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That, (a) until otherwise provided by law, the 
        per annum gross rate of compensation of the Clerk, the 
        Doorkeeper, the Sergeant at Arms, and the Chief of Staff of the 
        Joint Committee on Internal Revenue Taxation of the House of 
        Representatives, shall be equal to the annual rate of basic pay 
        fixed for level IV of the Executive Schedule under section 5315 
        of title 5, United States Code.
            (b) Until otherwise provided by law, such amounts as may be 
        necessary to carry out subsection (a) of this resolution shall 
        be paid out of the contingent fund of the House of 
        Representatives.
            (c) This resolution shall become effective on the effective 
        date of the first adjustment, following the effective date of 
        this resolution, in the annual rate of basic pay of offices and 
        positions under the Executive Schedule in subchapter II of 
        chapter 53 of title 5, United States Code.

    In offering the resolution, the Chairman of the Committee on House 
Administration, Mr. Hays, explained:

        . . . [T]he intent of the resolution is that if and when there 
    is another adjustment in salaries of Members of Congress that the 
    officers mentioned herein will be placed in a lower grade level so 
    that there will be a wider gap between the salary of the Doorkeeper 
    and that of a Member of Congress. At the present time the salary of 
    a Member of Congress, as the gentleman from Missouri well knows, is 
    $42,500. The Doorkeeper's salary is $40,000. There has been a lot 
    of criticism and comment. This does not do anything to him and the 
    others now. It does not do anything to him and others until and 
    unless there is an increase in the income of Members, and then it 
    puts them at a lower level.
        For example, if a Member of Congress say--and I am picking a 
    figure out of the air--went up to $47,500, the Office of Doorkeeper 
    would go up to something like $42,000 instead of $45,000.

    The provisions of this resolution relating to compensation of the 
Clerk, Sergeant at Arms, and Doorkeeper were enacted as Public Law No. 
92-607, Oct. 31, 1972, 86 Stat. 1509.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 18. Duties of the Clerk

    The duties of the Clerk are prescribed by statute and by the rules 
of the House.(19) The Clerk's responsibilities include (1) 
preparing for and presiding at the commencement of Congress and after 
the death of a Speaker;(20) (2) assisting the House in 
legislative and nonlegislative business;(1) (3) receiving 
and submit

[[Page 584]]

ting documents;(2) (4) assisting individual 
Members;(3) and (5) paying the officers and employees of the 
House.(4)
---------------------------------------------------------------------------
19. See Rule III, House Rules and Manual Sec. Sec. 637-647 (1973) for 
        general duties of the Clerk.
20. See Rule III clause 1, House Rules and Manual Sec. Sec. 637, 638 
        (1973); 2 USC Sec. 26.
 1. See, for example, Rule III clause 3, House Rules and Manual 
        Sec. Sec. 641-646 (1973), 2 USC Sec. 109, and Sec. Sec. 18.3-
        18.8, infra.
 2. See Sec. 23.8, infra, for a discussion of the procedure when the 
        Clerk receives a subpena.
 3. See, for example, Rule III clause 2, House Rules and Manual 
        Sec. 640 (1973) and 2 USC Sec. 26; see also Sec. 18.9, infra.
 4. See for example Rule III clause 3, House Rules and Manual Sec. 646 
        (1973) and 2 USC Sec. Sec. 60d and 60e; see also Sec.  18.10, 
        infra.
---------------------------------------------------------------------------

    Prior to the commencement of the first session of each Congress, 
the Clerk prepares the roll of Representatives-elect.(5) At 
the first session of each Congress,(6) he calls Members to 
order, calls the roll of Members by states in alphabetical order, and 
pending the election of a Speaker or Speaker pro tempore, preserves 
order and decides all questions of order subject to appeal by any 
Member.
---------------------------------------------------------------------------
 5. 2 USC Sec. 26. See, generally, Chs. 1 and 2, supra.
 6. Rule III clause 1, House Rules and Manual Sec. Sec. 637-639 (1973).
---------------------------------------------------------------------------

    The Clerk also announces receipt of credentials, recognizes 
nominations for Speaker, appoints tellers for the roll call vote for 
Speaker, announces the vote, and appoints a committee to escort the 
Speaker-elect to the Chair.(7)
---------------------------------------------------------------------------
 7. See Sec. Sec. 18.1, 18.2, infra, relating to announcing 
        credentials. Generally, see Ch. 1, supra.
---------------------------------------------------------------------------

    To assist the House in its consideration of bills and resolutions, 
the Clerk,(8) notes all questions of order and decisions 
thereon and places them in the Journal, which he prints and distributes 
at the close of each session, and certifies to the passage of all bills 
and resolutions. He allows no papers out of his custody(9) 
except by order of the House;(10) reports disorderly words 
of a Member who has been called to order;(11) reads 
bills;(12) makes corrections during engrossment of a bill 
when authorized by the House;(13) reads names 
alphabetically;(14) and presents enrolled bills to the 
Speaker for signature and transmits them to the Senate.(15)
---------------------------------------------------------------------------
 8. Rule III clause 3, House Rules and Manual Sec. Sec. 641, 643 
        (1973).
 9. See Jefferson's Manual, House Rules and Manual Sec. 352 (1973).
10. Rule XXXVII, House Rules and Manual Sec. 933 (1973).
11. Jefferson's Manual, House Rules and Manual Sec. 368, and Rule XIV 
        clause 5, Sec. 761 (1973).
12. Jefferson's Manual, House Rules and Manual Sec. 428 (1973).
13. Jefferson's Manual, House Rules and Manual Sec. 479 (1973).
14. Jefferson's Manual, Sec. 504, and Rule XV clause 1, House Rules and 
        Manual Sec. 765 (1973).
15. Jefferson's Manual, House Rules and Manual Sec. 575 (1973).
---------------------------------------------------------------------------

    The Clerk announces pairs after votes;(16) places bills 
on the Con

[[Page 585]]

sent Calendar;(17) reads motions;(18) receives 
all petitions, memorials, and private bills;(19) transmits 
copies of amendments offered in the Committee of the Whole to the 
majority and minority tables and cloakrooms;(20) retains 
custody of discharge petitions and provides a place where Members may 
sign them;(1) and supervises the preparation of the Daily 
Record which includes legislative programs and committee meetings for 
each day.(2)
---------------------------------------------------------------------------
16. Rule VIII clause 2, House Rules and Manual Sec. 660 (1973).
17. Rule XIII clauses 2 and 4, respectively, House Rules and Manual 
        Sec. Sec. 743, 746 (1973).
18. Rule XVI clause 2, House Rules and Manual Sec. 776 (1973).
19. Rule XXII clause 1, House Rules and Manual Sec. 849 (1973).
20. Rule XXIII clause 5, House Rules and Manual Sec. 870 (1973).
 1. Rule XXVII clause 4, House Rules and Manual Sec. 908 (1973).
 2. 44 USC Sec. 905.
---------------------------------------------------------------------------

    The Clerk assists the House by performing duties not directly 
related to consideration of bills and resolutions. For example, he 
makes or approves all agreements relative to furnishing any matter or 
thing, or for the performance of any labor for the House;(3) 
attests and affixes the seal of the House to all writs, warrants, and 
subpenas issued by order of the House;(4) retains in his 
office library two copies of all books and documents deposited 
there;(5) designates an official in his office to serve as 
Clerk during his temporary absence;(6) receives reports of 
personnel and accounting of funds from committees;(7) 
receives all documents referred to and evidence taken by committees 
after the final adjournment of Congress;(8) obtains all 
noncurrent records of the House and each

[[Page 586]]

committee and transfers them to the General Services Administration for 
preservation subject to House order;(9) sends to each state 
Governor a certificate informing him of the number of Representatives 
to which his state is entitled following each decennial 
census;(10) arranges with the Board of Education of the 
District of Columbia for the education of congressional and Supreme 
Court pages;(11) operates the House recording 
studio;(12) and obtains stationery.(13)
---------------------------------------------------------------------------
 3. Rule III clause 3, House Rules and Manual Sec. 644 (1973).
            The Clerk must purchase American goods in preference to 
        foreign goods of similar quality (2 USC Sec.  109) and is 
        prohibited from using House funds for expenses of the House 
        barbershops (2 USC Sec. 96).
            The Clerk, not the Assistant Postmaster, was held to be 
        responsible for making contracts following the death of the 
        Postmaster (5 Hinds' Precedents Sec. 7235).
 4. Rule III clause 3, House Rules and Manual Sec. 642 (1973).
 5. Rule III clause 3, House Rules and Manual Sec. 641 (1973).
 6. Rule III clause 4, House Rules and Manual Sec. 647 (1973). See 6 
        Cannon's Precedents Sec. 26 for form of this designation; see 
        also Sec. 18.17, infra, for a resolution authorizing the Clerk 
        to designate a subordinate to perform his duties.
 7. Rule XI clause 30, House Rules and Manual Sec. 738 (1973).
 8. Rule XXXVI clause 1, House Rules and Manual Sec. 932 (1973). See 
        Sec. 18.16, infra, for form of Clerk's report of committee 
        reports received during an adjournment.
 9. Rule XXXVI clause 2, House Rules and Manual Sec.  932 (1973) and 44 
        USC Sec.  2114.
10. 2 USC Sec. 2a.
11. 2 USC Sec. 88a.
12. 2 USC Sec. 123c.
13. 2 USC Sec. 100; 44 USC Sec. 734. See also 5 Hinds' Precedents 
        Sec. 7322.
---------------------------------------------------------------------------

    The Clerk is required both to submit and receive certain documents. 
For example, he submits to the House at the commencement of each 
Congress detailed statements disclosing names of clerks employed in his 
office and expenditures from the contingent fund.(14) He 
also reports amounts received and expended by his 
office,(15) as well as receipts and expenditures of funds 
available for disbursement.(16) He also submits accounts to 
the General Accounting Office monthly(17) and 
quarterly.(18)
---------------------------------------------------------------------------
14. 2 USC Sec. 102.
            See Sec.  18.12, infra, which stases that responsibility 
        for printing this report has been assumed by the Committee on 
        House Administration.
15. 2 USC Sec. Sec. 103, 113.
16. The Clerk is authorized to require from his subordinate disbursing 
        officers precise and analytical statements and receipts for all 
        funds expended by them (2 USC Sec. 103). 2 USC Sec. 104a.
17. 31 USC Sec. 496.
18. 31 USC Sec. 497. 31 USC Sec. 72 (paragraph 8) provides that the 
        General Accounting Office shall receive the accounts of the 
        House of Representatives and certify balances arising thereon 
        to the Clerk.
---------------------------------------------------------------------------

    The Clerk receives records and other documents in connection with 
campaigns for the House,(19) lobbying,(20) 
contested elections,(1) and contractual actions for national 
defense from each department and agency.(2)
---------------------------------------------------------------------------
19. See 2 USC Sec. Sec. 431 et seq., which require the Clerk to receive 
        reports from political committees and candidates and prescribes 
        information to be disclosed by them.
20. See 2 USC Sec. Sec. 261 et seq., which require the Clerk to receive 
        registration information from lobbyists and statements of 
        accounts from persons receiving contributions.
 1. See 2 USC Sec. Sec. 381 et seq., which require the Clerk to receive 
        notice of contested elections and all documents and depositions 
        relating to such contests.
 2. 50 USC Sec. 1434(b).

---------------------------------------------------------------------------

[[Page 587]]

    The Clerk performs many duties for the House membership. For 
example, he furnishes a list of reports required to be made to 
Congress.(3) He procures postage,(4) approves 
vouchers for payment of home district office expenses,(5) 
furnishes electrical and mechanical office equipment,(6) and 
reimburses Members a fixed amount for long distance telephone 
calls.(7)
---------------------------------------------------------------------------
 3. Rule III clause 2, House Rules and Manual Sec.  640 (1973).
 4. 2 USC Sec. 42.
 5. 2 USC Sec. Sec. 22, 56.
 6. 2 USC Sec. 112e.
 7. 2 USC Sec. 46g-1.
---------------------------------------------------------------------------

    The Clerk pays the officers and employees of the 
House,(8) as well as clerks designated by the 
membership.(9)
---------------------------------------------------------------------------
 8. 2 USC Sec. Sec. 60d and 60e. See also Rule III clause 3, House 
        Rules and Manual Sec. 646 (1973).
 9.  2 USC Sec.  92.
            The Clerk makes a monthly certificate stating whether 
        persons listed as employees were actually present (2 USC Sec.  
        89) and is authorized to withhold from compensation any amount 
        which an employee owes to the House (2 USC Sec.  89a).
            Congress enacted two statutes dealing with continuity of 
        disbursement. One, codified as 2 USC Sec. 75a, authorizes the 
        disbursing clerk to continue the accounts, make payments, and 
        sign checks in the name of the former Clerk for a period not 
        extending beyond the quarter during which a new Clerk is 
        elected and qualified. The other, codified as 2 USC Sec. 49, 
        authorizes the Clerk to sign certificates for monthly 
        compensation during the recess between the first and second 
        sessions. the Speaker signs these certificates (2 USC Sec. 48) 
        when the House holds sessions.
---------------------------------------------------------------------------

Duties Prior to Election of a Speaker

Sec. 18.1 The Clerk, after receiving a certificate of election filed in 
    due form, has placed the name of the Member so named on the roll 
    notwithstanding the fact that the secretary of state of the Member-
    elect's state was restrained by court order from certifying the 
    election of a Representative from that district.

    On Jan. 3, 1949,(10) the Clerk, Ralph R. Roberts, made 
the following announcement to the House:
---------------------------------------------------------------------------
10. 95 Cong. Rec. 8, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

                  Statement Regarding Certain Credentials

        The Clerk: A certificate of election is on file in the Clerk's 
    office, showing the election of John C. Davies as a Representative-
    elect to the Eighty-first Congress from the Thirty-fifth 
    Congressional District of the State of New York.

        Several communications have been received from the executive 
    deputy sec

[[Page 588]]

    retary of state for the State of New York informing the Clerk that 
    a case is pending before the supreme court, Albany County, N. Y., 
    and that the said secretary of state is restrained from certifying 
    the election of a Representative from this congressional district. 
    However, in view of the fact that a certificate of election in due 
    form has been filed with the Clerk by John C. Davies, the Clerk has 
    therefore placed his name on the roll. . . .

    The Clerk made this announcement after the quorum call and before 
the election of the Speaker.(11)
---------------------------------------------------------------------------
11. See Sec. 18.19, infra, for the form of the Clerk's announcement of 
        receipt of a certificate of election.
---------------------------------------------------------------------------

Sec. 18.2 Following the death of a Speaker during a Congress, the Clerk 
    presides until a new Speaker is elected and appoints a committee to 
    escort the Speaker-elect to the Chair.(12)
---------------------------------------------------------------------------
12. See Ch. 1, supra, for a discussion of the Clerk's duty to preside 
        until a Speaker is elected at the commencement of each 
        Congress.
---------------------------------------------------------------------------

    On Thursday, June 4, 1936,(13) the Clerk, South Trimble, 
called the House to order and made the following announcement:
---------------------------------------------------------------------------
13. 80 Cong. Rec. 9016, 9017, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk: Gentlemen of the House of Representatives, it 
    becomes my sad and painful duty to announce to the House the sudden 
    death of your beloved Speaker, the Honorable Joseph W. Byrns, a 
    Representative from the State of Tennessee.
        Speaker Byrns presided over the House on yesterday, presumably 
    in his accustomed good health, but shortly after his arrival at his 
    apartment he was stricken and soon thereafter passed away. In his 
    death this House has suffered the loss of an able, fair, and 
    impartial presiding officer; the country a legislator of long 
    experience, a statesman of courage and marked ability; and his 
    State of Tennessee a noteworthy citizen.
        The duty of selecting one to preside over the deliberations of 
    the House now rests upon you.
        Mr. [John J.] O'Connor [of New York]: Mr. Clerk, in view of the 
    unfortunate circumstances in which we find ourselves, and with no 
    disrespect to our beloved Speaker who has left us, it becomes 
    necessary, in order that the House may function and the machinery 
    of government may not stop, that the House proceed to the election 
    of a Speaker.
        I present the following resolution and move its adoption.
        The Clerk read as follows:

                              House Resolution 543

            Resolved, That Hon. William B. Bankhead, a Representative 
        from the State of Alabama, be, and he is hereby, elected 
        Speaker of the House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. William B. Bankhead as 
        Speaker of the House of Representatives.

        The Clerk: The question is on agreeing to the resolution.

[[Page 589]]

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        The Clerk: The Clerk appoints the gentleman from New York [Mr. 
    O'Connor], the gentleman from New York [Mr. Snell], and the 
    gentleman from Colorado [Mr. Taylor] to escort the gentleman from 
    Alabama [Mr. Bankhead] to the chair.
        The committee escorted Mr. Bankhead into the Chamber, and he 
    assumed the chair. The oath of office was administered to the 
    Speaker-elect by Mr. Sabath.(14)
---------------------------------------------------------------------------
14. Parliamentarian's Note: Joseph W. Byrns (Tenn.) was the first 
        Speaker to die while Congress was in session. Speaker Michael 
        C. Kerr (Ind.) died on Aug. 19, 1876, between sessions. 
        Following the death of Speaker Kerr, the Clerk, George M. 
        Adams, called the House to order at the commencement of the 
        second session on Dec. 4, 1876 (see 5 Cong. Rec. 2-6, 44th 
        Cong. 2d Sess., and 1 Cannon's Precedents Sec.  214). Speaker 
        Henry T. Rainey (Ill.) died on Aug. 19, 1934, after the second 
        session of the 73d Congress had adjourned.
---------------------------------------------------------------------------

    On Monday, Sept. 16, 1940,(15) the Clerk, South Trimble, 
called the House to order and made the following announcement:
---------------------------------------------------------------------------
15. 86 Cong. Rec. 12231, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Clerk: Members of the House of Representatives, it becomes 
    my sad and painful duty, as Clerk of the House of Representatives, 
    to inform you officially that your beloved Speaker [William B. 
    Bankhead, of Alabama] passed away yesterday morning at the Naval 
    Hospital in this city.
        America has lost one of her greatest statesmen and patriots, 
    the House of Representatives a most able and eloquent Speaker, and 
    the State of Alabama a noble and courageous son.
        In accordance with the rules and practices of the House of 
    Representatives, it now becomes the duty of this House to elect a 
    Speaker. What is the pleasure of this House?
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Clerk, in view 
    of the unfortunate circumstances in which the House finds itself, 
    and with a feeling of very profound respect for the memory of our 
    beloved Speaker who has left us, it becomes necessary, in order 
    that the House may continue to function and the machinery of 
    Government may go on, that the House proceed to the election of a 
    Speaker.
        I therefore offer the following resolution, and move its 
    adoption.
        The Clerk read as follows:

                              House Resolution 602

            Resolved, That Hon. Sam Rayburn, a Representative from the 
        State of Texas, be, and he is hereby, elected Speaker of the 
        House of Representatives.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of Hon. Sam Rayburn as Speaker of the 
        House of Representatives.

        The resolution was agreed to.
        The Clerk: The Clerk appoints the gentleman from Massachusetts 
    [Mr. McCormack], the gentleman from Massachusetts [Mr. Martin], and 
    the gentleman from North Carolina [Mr. Doughton] to escort the 
    gentleman from Texas [Mr. Rayburn] to the chair.

[[Page 590]]

        The committee escorted Mr. Rayburn into the Chamber, and he 
    assumed the chair.
        The oath of office was administered to the Speaker-elect by Mr. 
    Sabath.
        Mr. [Robert L.] Doughton: Ladies and gentlemen of the House, I 
    present the newly elected Speaker of the House of Representatives, 
    a worthy successor to our late beloved Speaker the Honorable 
    William B. Bankhead, the gentleman from Texas [Mr. Rayburn].
        The Speaker: The Chaplain will offer prayer.

    On Jan. 10, 1962,(16) the Clerk, Ralph R. Roberts, 
called the House to order and made the following announcement:
---------------------------------------------------------------------------
16. 108 Cong. Rec. 5, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Members of the House of Representatives, the time has arrived 
    for the meeting of the 2d session of the 87th Congress. Since the 
    last session of Congress the great and beloved Speaker of the House 
    [Sam Rayburn, of Texas] has departed this life.
        The Clerk of the House, in conformity with the rules, has 
    called the House to order for the purpose of electing a Speaker. 
    The roll will be called to ascertain whether a quorum is present.
        The Clerk will call the roll. . . .

    Following a quorum call, the Clerk proceeded to the election of the 
Speaker.

                            Election of Speaker

        The Clerk: Nominations for Speaker of the House of 
    Representatives are now in order.
        The Clerk recognizes the gentleman from Pennsylvania [Mr. 
    Francis Eugene Walter].
        Mr. Walter: Mr. Clerk, as chairman of the Democratic caucus I 
    am directed by the unanimous vote of that caucus to present for 
    election to the office of Speaker of the House of Representatives 
    the name of the Honorable John W. McCormack, a Representative from 
    the State of Massachusetts.
        The Clerk: The gentleman from Iowa [Mr. Hoeven] is recognized.
        Mr. [Charles B.] Hoeven: Mr. Clerk, by authority, by direction, 
    and by unanimous vote of the Republican conference, I nominate for 
    Speaker of the House of Representatives the Honorable Charles A. 
    Halleck, a Representative from the State of Indiana.
        The Clerk: The Honorable John W. McCormack of Massachusetts and 
    the Honorable Charles A. Halleck of Indiana have been nominated for 
    Speaker.
        Are there further nominations? [After a pause.] If there are no 
    further nominations, the Clerk will appoint the following Members 
    to act as tellers: the gentleman from Texas [Mr. Burleson]; the 
    gentlewoman from Missouri [Mrs. Sullivan]; the gentleman from Ohio 
    [Mr. Schenck]; and the gentlewoman from Tennessee [Mrs. Reece].
        The tellers will please take their places at the desk in front 
    of the Speaker's rostrum.
        The roll will now be called, and Members responding to their 
    names will indicate by surname the candidate of their choice.
        The Clerk will call the roll. . . .
        The Clerk: The tellers agree in their tally. The total number 
    of votes

[[Page 591]]

    cast was 414, of which the Honorable John W. McCormack received 
    248, and the Honorable Charles A. Halleck received 166. Two voted 
    ``present.'' Therefore, the Honorable John W. McCormack of 
    Massachusetts is the duly elected Speaker of the House of 
    Representatives for the 87th Congress.
        The Clerk appoints the following Members to escort the Speaker-
    elect to the Chair: The gentleman from Indiana [Mr. Halleck] and 
    the gentleman from Oklahoma [Mr. Albert].
        (The Doorkeeper announced the Speaker-elect of the House of 
    Representatives, who was escorted to the Chair by the committee of 
    escort.(17)
---------------------------------------------------------------------------
17. Parliamentarian's Note: Speaker Rayburn presided over the House for 
        the last time on Aug. 30, 1961. On Aug. 31, 1961, John W. 
        McCormack by resolution was elected Speaker pro tempore 
        ``during the absence of the Speaker.''
            The first session of the 87th Congress adjourned sine die 
        on Sept. 27, 1961. Speaker Rayburn died on Nov. 16, 1961, in 
        Bonham, Tex.
---------------------------------------------------------------------------

Reports to the House

Sec. 18.3 The Clerk reported to the House delivery of a message to the 
    Supreme Court.

    On Mar. 14, 1930,(18) the Clerk read the following 
letter:
---------------------------------------------------------------------------
18. 72 Cong. Rec. 5330, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker of the House of Representatives.

            Sir: I have the honor to inform you that pursuant to the 
        direction of the House I did this day deliver to the Supreme 
        Court of the United States, in session, copies of the 
        resolutions adopted by the House of Representatives on March 
        10, 1930, expressing the sorrow of the House because of the 
        death of William Howard Taft, former Chief Justice, and of 
        Edward Terry Sanford, late associate justice of the Supreme 
        Court.
            Mr. Chief Justice Hughes, on behalf of the court expressed 
        appreciation of the action of the House of Representatives and 
        directed that the resolutions be spread upon the court's 
        records.

          Respectfully,

                                           William Tyler Page,
                                                    Clerk of the
                                         House of Representatives.

Sec. 18.4 The Clerk has reported to the House receipt of a message from 
    a former President.

    On June 16, 1969,(19) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following letter from the 
Clerk:

19. 115 Cong. Rec. 15822, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
                                                    June 11, 1969.
        The Honorable the Speaker,
        U.S. House of Representatives.

            Dear Sir: I have the honor to transmit herewith a letter of 
        thanks to the Members of the House of Representatives from the 
        Honorable Harry S. Truman, for the resolution of the Congress 
        of the United States of America extending best wishes on the 
        occasion of Mr. Truman's 85th birthday.
            With kindest regards, I am,

[[Page 592]]

              Sincerely,

                                              W. Pat Jennings,    
                                                          Clerk,  
                                    U.S. House of Representatives.

Roll Call Duties

Sec. 18.5 Prior to implementation of electronic voting, the Clerk 
    called the roll at the direction of the Chair when the Committee of 
    the Whole lacked a quorum.

    On May 3, 1933,(20), the Clerk called the roll after 
receiving a direction from the Chair, Samuel Davis McReynolds, of 
Tennessee. Chairman McReynolds had overruled a point of order that the 
roll call was not in order in the Committee of the Whole. The Committee 
did not have a quorum and rejected a motion to rise. The Chair ordered 
the roll call pursuant to Rule XXIII clause 2, of the House Rules and 
Manual.(1)
---------------------------------------------------------------------------
20. 77 Cong. Rec. 2834, 73d Cong. 1st Sess.
 1. Under the electronic voting system adopted in January 1973, the 
        Chairman ordinarily directs the Members to record their 
        presence by electronic device when the Committee of the Whole 
        lacks a quorum, thereby obviating the need for the Clerk to 
        call the roll. See Rule XXIII clause 2, House Rules and Manual 
        Sec. 863 (1973). Generally, see Ch. 30, infra, noting that the 
        Clerk still calls the roll under certain circumstances.
---------------------------------------------------------------------------

Renumbering of Bill Sections

Sec. 18.6 During a meeting of the House, but not the Committee of the 
    Whole, the Clerk may be authorized to renumber sections of a bill 
    following an amendment made in the Committee.

    On Apr. 29, 1969,(2) a Member, Hastings Keith, of 
Massachusetts, made a parliamentary inquiry regarding the Clerk's 
authority to renumber sections of a bill:
---------------------------------------------------------------------------
 2. 115 Cong. Rec. 10753, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Keith: Mr. Chairman, I, of course, have no objection to 
    this amendment but I do have a parliamentary inquiry.
        The Chairman [Jacob H. Gilbert, of New York]: The gentleman 
    will state the parliamentary inquiry.
        Mr. Keith: Mr. Chairman, if the amendment is adopted and I hope 
    and trust it will be; would that not require the renumbering of the 
    lines in which the earlier amendments have been incorporated into 
    the existing legislation?
        The Chairman: The gentleman may request that the Clerk be 
    authorized to renumber accordingly.
        Mr. Keith: I would so request.
        The Chairman: The gentleman may make the request that the Clerk 
    be authorized to renumber the sections accordingly after the 
    Committee rises and we are in the House.(3)
---------------------------------------------------------------------------
 3. See Jefferson's Manual, House Rules and Manual Sec. 479 (1973) for 
        authority to amend section numbers pursuant to resolution.

---------------------------------------------------------------------------

[[Page 593]]

Duties Related to the Seal of the House

Sec. 18.7 The Clerk has been authorized to purchase a new seal for the 
    House.

    On Dec. 18, 1963,(4) a Member, Samuel N. Friedel, of 
Maryland, offered and the House passed the following resolution (H. 
Res. 560):
---------------------------------------------------------------------------
 4. 109 Cong. Rec. 24912, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House of Representatives shall 
    procure a new seal and press for the use of the House of 
    Representatives, which shall possess fifty stars, emblematic of the 
    fifty States of the Union, and shall depict the Capitol as it 
    currently appears.
        Resolved, That upon approval of the new seal by the Committee 
    on House Administration, the chairman shall notify the Speaker and 
    it shall then become the official great seal of the House of 
    Representatives.
        Resolved, That the Clerk shall furnish an impression of the new 
    official great seal of the House of Representatives to the 
    Administrator of General Services.
        Resolved, That the necessary expenses for procuring the new 
    seal shall be paid out of the contingent fund of the House on 
    vouchers signed by the Clerk and approved by the Committee on House 
    Administration.

The resolution was agreed to and the motion to reconsider was laid on 
the table.

Keeping Custody of House Records

Sec. 18.8 At the direction of the House, the Clerk may make available 
    certain records.

    On June 16, 1953,(5) by direction of the committee on 
House Administration, a Member, Karl M. LeCompte, of Iowa, offered and 
the House agreed to the following resolution (H. Res. 288):
---------------------------------------------------------------------------
 5. 99 Cong. Rec. 6641, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House is authorized to permit 
    the Administrator of General Services to make available for use--
        (1) any records of the House of Representatives, transferred to 
    the National Archives, which have been in existence for not less 
    than 50 years, except when he determines that the use of such 
    records would be detrimental to the public interest; and
        (2) any records of the House of Representatives, transferred to 
    the National Archives, which have previously been made public.
        Sec. 2. Such permission may continue so long as it is 
    consistent with the rights and privileges of the House of 
    Representatives.

    On Oct. 2, 1964,~(6~) a Member, Omar T. Burleson, of 
Texas, offered and the House passed the following House resolution (H. 
Res. 902):
---------------------------------------------------------------------------
 6. 110 Cong. Rec. 23785, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon assurances of proper protection, 
    preservation, and re

[[Page 594]]

    turn, the Clerk of the House of Representatives is directed to make 
    available to the Administrator of General Services the records of 
    the House of Representatives relating to the First Federal Congress 
    for reproduction and publication in accordance with the historical 
    objectives of Public Law 88-383.(7)
---------------------------------------------------------------------------
 7. Pub. L. No. 88-383 (see 44 USCA Sec. 2504 note) authorized a 
        historical compilation of records of the First Congress.
---------------------------------------------------------------------------

    On July 23, 1947,(8) a Member, Justin Leroy Johnson, of 
California, offered and the House passed the following resolution (H. 
Res. 325):
---------------------------------------------------------------------------
 8. 93 Cong. Rec. 9885, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House of Representatives be, 
    and he is hereby, authorized to transmit to the California State 
    Library at Sacramento, Calif., photostatic copies of the memorial 
    and attendant papers in the files of the House relating to the bill 
    H.R. 3818 of the Forty-fourth Congress entitled ``An act for the 
    relief of John A. Sutter,'' the cost of such photostatic copies to 
    be paid by the California State Library.

    Parliamentarian's Note: The papers referred to in this precedent 
were stored in the National Archives.

Identification Cards

Sec. 18.9 The House by resolution has authorized the Clerk to furnish 
    identification cards for House and Members' employees.

    On July 1, 1965,(9) a Member, Wayne L. Hays, of Ohio, by 
direction of the Committee on House Administration, introduced and the 
House passed the following resolution (H. Res. 261):
---------------------------------------------------------------------------
 9. 111 Cong. Rec. 15501, 15502, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved . . .

            That, upon the request of the Speaker, a Member, elected 
        officer of the House of Representatives, or the chairman of any 
        committee of the House, the Clerk of the House of 
        Representatives shall furnish cards of identification to such 
        employees under their jurisdiction as they may designate. Each 
        such card shall be signed by the Speaker, Member, officer, or 
        committee chairman concerned, and shall not be valid for a 
        longer period than the duration of one session of a Congress.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Payroll Duties

Sec. 18.10 The House by resolution has authorized the Clerk to transfer 
    funds from balances available to him in several accounts under his 
    administrative control to meet employee payrolls pending enactment 
    of an appropriation bill carrying funds for that purpose.

[[Page 595]]

    On May 28, 1969,(10) Mr. Samuel N. Friedel, of Maryland, 
by direction of the Committee on House Administration offered and the 
House agreed to the following resolution (H. Res. 425):
---------------------------------------------------------------------------
10. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House and Sergeant at Arms be 
    and is hereby directed to pay such sum as may be necessary, from 
    the balance available of the 1968 appropriation and the various 
    funds of the 1969 appropriation, where balances may be available, 
    for the House of Representatives to meet the May and June payroll 
    of Members, officers of the House, and employees of the House. 
    Moneys expended from these funds and/or appropriations by the 
    Sergeant at Arms and the Clerk will be repaid to the funds and/or 
    appropriations from the Sergeant at Arms and Clerk's supplemental 
    appropriation upon its approval.(11)
---------------------------------------------------------------------------
11. Parliamentarian's Note: This resolution was passed to provide 
        payroll funds because the Committee on House Administration had 
        been advised that funds previously appropriated were exhausted.
---------------------------------------------------------------------------

Computer Services

Sec. 18.11 The Clerk's responsibility for computer operations has been 
    assumed by the Committee on House Administration.

    On Nov. 9, 1971,(12~) the Committee on House 
Administration assumed responsibility for the computer operations of 
the House. By direction of this committee, Mr. Frank J. Thompson, Jr., 
of New Jersey, offered and the House agreed to the following resolution 
(H. Res 601):
---------------------------------------------------------------------------
12. 117 Cong. Rec. 40015-17, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That during the Ninety second Congress, the Committee 
    on House Administration is authorized to incur such expenses (not 
    in excess of $1,500,000) as the committee considers advisable to 
    provide for maintenance and improvement of ongoing computer 
    services for the House of Representatives and for the investigation 
    of additional computer services for the House of Representatives, 
    including expenditures for the employment of technical, clerical, 
    and other assistants, for the procurement of services of individual 
    consultants or organizations thereof pursuant to section 202(i) of 
    the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)), and 
    for the procurement of equipment by contract or otherwise. Such 
    expenses shall be paid out of the contingent fund of the House on 
    vouchers authorized and approved by such committee, and signed by 
    the chairman thereof. Not to exceed $1,000,000 of the total amount 
    provided by this resolution may be used to procure the temporary or 
    intermittent services of individual consultants or organizations 
    thereof pursuant to section 202(i) of the Legislative 
    Reorganization. Act of 1946 (2 U.S.C. 72a(i)); but this monetary 
    limitation on the procurement of such services shall not prevent 
    the use of such funds for any other authorized purpose.
        Sec. 2. No part of the funds authorized by this resolution 
    shall be avail

[[Page 596]]

    able for expenditures in connection with the study or investigation 
    of any subject matter which is being investigated for the same 
    purpose by any other committee of the House.
        Sec. 3. Funds authorized by this resolution shall be expended 
    pursuant to regulations established by the Committee on House 
    Administration in accordance with existing law.

    Parliamentarian's Note: Prior to passage of the above resolution, 
the Data Processing Office of the Clerk had responsibility for computer 
operations.

Contingent Fund Reports

Sec. 18.12 The Clerk's responsibility for printing the Clerk's report 
    dealing with the contingent fund has been assumed by the Committee 
    on House Administration.

    On Sept. 23, 1961,(13) the Committee on House 
Administration assumed responsibility for printing the report of the 
Clerk of the House, dealing with the contingent fund, pursuant to 2 
USCA Sec. 102. By direction of the Committee on House Administration, 
Mr. Omar T. Burleson, of Texas, offered and the House agreed to the 
following resolution (H. Res. 476):
---------------------------------------------------------------------------
13. 107 Cong. Rec. 20946, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That, until otherwise provided by law, the Committee 
    on House Administration shall have exclusive responsibility for 
    prescribing the form of, and having printed, the portion of the 
    report of the Clerk of the House under section 60 of the Revised 
    Statutes (2 USC 102) dealing with the contingent fund of the House.

    Parliamentarian's Note: Prior to adoption of this resolution, the 
Clerk printed the report of the Clerk of the House.

Receipt of Messages and Reports

Sec. 18.13 The Clerk is sometimes authorized by resolution to receive 
    messages during adjournments.

    On June 22, 1940,(14) for example, Mr. Sam Rayburn, of 
Texas, offered and the House agreed to the following resolution (H. 
Res. 545)
---------------------------------------------------------------------------
14. 86 Cong. Rec. 9085, 76th Cong. 3d Sess.
            See also 108 Cong. Rec. 577, 87th Cong. 2d Sess., Jan. 22, 
        1962; 108 Cong. Rec. 9524, 87th Cong. 2d Sess., May 31, 1962; 
        110 Cong. Rec. 16248, 16249, 88th Cong. 2d Sess., July 20, 
        1964, for similar instances.
---------------------------------------------------------------------------

        Resolved, That notwithstanding the recess or the adjournment of 
    the House until July 1, 1940, the Clerk of the House is hereby 
    authorized to receive messages from the Senate and the Speaker be, 
    and he is hereby, authorized to sign any enrolled bills or joint 
    resolutions duly passed by the two

[[Page 597]]

    Houses and which have been examined by the Committee on Enrolled 
    Bills and found truly enrolled.
        The resolution was agreed to.

Sec. 18.14 The Clerk reports receipt during adjournment of a message 
    from the President to the Speaker who lays it before the House.

    When the clerk during an adjournment receives a message from the 
President(15) he transmits the message with a covering 
letter to the Speaker who lays both communications before the House.
---------------------------------------------------------------------------
15. See Sec. 18.4, supra, for procedure when receiving a message from a 
        former President.
---------------------------------------------------------------------------

    For example on Feb. 20, 1969,(16) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following 
communication from the Clerk:
---------------------------------------------------------------------------
16. 115 Cong. Rec 4088, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
        The Honorable the Speaker,
        U.S. House of Representatives.

            Dear Sir: I have the honor to transmit herewith a sealed 
        envelope addressed to the Speaker of the House of 
        Representatives, said to contain a message from the President 
        wherein he transmits a special study regarding the 
        administration of the Headstart program. This envelope was 
        received in the Office of the Clerk at 3:55 p.m. on Wednesday, 
        February 19, 1969.
              Sincerely,
                                                   Pat Jennings,  
                                                            Clerk.

Sec. 18.15 The Clerk reports receipt of a message from the Senate to 
    the Speaker who lays the matter before the House.

    When the Clerk during an adjournment receives a message from the 
Senate, he transmits it with a covering letter to the Speaker who lays 
both communications before the House.(17) For example, on 
June 28, 1965,(18) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
17. See for example, 103 Cong. Rec. 13161, 85th Cong. 2d Sess., July 7, 
        1958; and 103 Cong. Rec. 13675, 85th Cong. 2d Sess., July 14, 
        1958, for similar instances.
18. 111 Cong. Rec. 14845, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
                                                    June 25, 1965.
        The Honorable the Speaker,
        House of Representatives.

            Sir: Pursuant to authority granted on June 24, 1965, the 
        Clerk received from the Secretary of the Senate today, the 
        following message:
            That the Senate passed H.J. Res. 541, entitled ``Joint 
        resolution to extend the Area Redevelopment Act for a period of 
        2 months.''
              Respectfully yours,

                                             Ralph R. Roberts,
                                                          Clerk,
                                    U.S. House of Representatives.

Sec. 18.16 The Clerk reports receipt of committee reports received 
    during adjournment

[[Page 598]]

    to the Speaker who lays the communication before the House.

    On Jan. 10, 1947,(19) the Speaker, Joseph W. Martin, 
Jr., of Massachusetts, laid before the House the following 
communication:
---------------------------------------------------------------------------
19. 93 Cong. Rec. 236, 237, 80th Cong. 1st Sess.

                                                  January 8, 1947.
        The Honorable the Speaker
        House of Representatives.

            Sir: During the interim between the adjournment of the 
        second session of the Seventy-ninth Congress and the convening 
        of the Eightieth Congress, the following reports were received 
        and printed by the Clerk of the House:
            House Report No. 2729, Seventy-ninth Congress: Reconversion 
        experience and current economic problems. Submitted by Mr. 
        Colmer, from the Special Committee on Postwar Economic Policy 
        and Planning, pursuant to House Resolution 60. Filed December 
        12, 1946. . . .
            House Report No. 2730, Seventy-ninth Congress: Operation of 
        national sales programs of surplus property by War Assets 
        Administration. Submitted by Mr. Slaughter, from the Select 
        Committee To Investigate Disposition of Surplus Property, 
        pursuant to House Resolution 385. Filed September 30, 1946....
              Very truly yours,
                                                 John Andrews,
                                                    Clerk of the
                                          House of Representatives

Designation of Subordinate

Sec. 18.17 The Clerk has been authorized by resolution to designate a 
    subordinate temporarily to perform his duties.

    For example, on July 26, 1947,(20) the following 
occurred:
---------------------------------------------------------------------------
20. 93 Cong. Rec. 10518, 80th Cong. 1st Sess.
            See for example, 92 Cong. Rec. 10781, 79th Cong. 2d Sess., 
        Aug. 2, 1946; and 94 Cong. Rec. 9348, 80th Cong. 2d Sess., June 
        19, 1948, for other resolutions.
---------------------------------------------------------------------------

        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I offer a 
    resolution (H. Res. 351) and ask for its immediate consideration. .

            Resolved, That in order that the duties of his office may 
        be discharged in case of his absence or disability or in case 
        his office should become vacant, the Clerk of the House of 
        Representatives on or before July 26, 1947, shall designate a 
        subordinate in his office to perform the duties thereof in any 
        such contingencies until the commencement of the second session 
        of the Eightieth Congress. Such designee when acting under this 
        authorization, shall subscribe himself as Acting Clerk of the 
        House of Representatives.

        The Clerk of the House shall promptly communicate to the 
    Speaker the name of the employee designated hereunder for the 
    information of the House.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 18.18 The Clerk designates a subordinate to perform his duties 
    temporarily and informs the Speaker who lays the communication 
    before the House.

[[Page 599]]

    On July 26, 1947,(1) the Speaker, Joseph W. Martin, Jr., 
of Massachusetts, laid before the House the following 
communication(2) which was read by the Clerk:
---------------------------------------------------------------------------
 1. 93 Cong. Rec. 10518, 80th Cong 1st Sess., July 26, 1947. See also 
        Ch. 1 Sec. 5, supra, form for designation of an acting Clerk to 
        preside until election of a Speaker and Rule III clause 4, 
        House Rules and Manual Sec. 647 (1973), which authorizes the 
        Clerk to designate an official in his office to sign all papers 
        and perform other acts, except such as are provided by statute, 
        that may be required under the rules and practice of the House 
        to be done by the Clerk.
            Clerks have designated authority to subordinates for 
        temporary periods both with and without authorizing resolutions 
        passed prior to the designations. Compare 92 Cong. Rec 10768, 
        10781, 79th Cong. 2d Sess., Aug. 2, 1946; 93 Cong. Rec. 10518, 
        80th Cong. 1st Sess., July 26, 1947; and 93 Cong. Rec. 9348, 
        80th Cong. 2d Sess., June 19, 1948, instances where resolutions 
        authorized designations, with, for example, 109 Cong. Rec. 
        10025, 88th Cong. 2d Sess., May 5, 1964; 111 Cong. Rec. 2759, 
        89th Cong. 1st Sess., Feb. 16, 1965; and 114 Cong. Rec. 30617, 
        90th Cong. 2d Sess., Oct. 10, 1968, instances where no 
        resolutions preceded the designations.
 2. See also 6 Cannon's Precedents Sec. 26, for another form of 
        designation.

                                                    July 26, 1947.
        The Honorable the Speaker,
        House of Representatives.

            Sir: Pursuant to the provisions of House Resolution 351 
        adopted by the House today, I have designated Mr. Harry Newlin 
        Megill, an official in my office, to discharge the duties 
        contemplated by said resolution.

              Respectfully yours,

                                                 John Andrews,

                                                    Clerk of the
                                         House of Representatives.

Receipt of Election Certificate

Sec. 18.19 The Clerk reports receipt of an election certificate for a 
    vacant seat to the Speaker who lays the communication before the 
    House.

    On Feb. 23, 1966,(3) the Speaker, John W. McCormack, of 
Massachusetts, laid before the House the following communication:
---------------------------------------------------------------------------
 3. 112 Cong. Rec. 3667, 89th Cong. 2d Sess.

                                                February 22, 1966.
        The Honorable the Speaker,
        House of Representatives.

            Sir: A certificate in due form of law showing the election 
        of Theodore R. Kupferman as a Representative-elect to the 89th 
        Congress from the 17th Congressional District of the State of 
        New York, to fill the vacancy caused by the resignation of John 
        V. Lindsay, is on file in this office.
              Respectfully yours,

                                             Ralph R. Roberts,
                                                          Clerk,
                                    U.S. House of Representatives.

[[Page 600]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 19. Duties of the Sergeant at Arms

    This section describes and discusses the duties of the Sergeant at 
Arms.(4)
---------------------------------------------------------------------------
 4. See other chapters for discussions of those functions and duties of 
        the Sergeant at Arms relating to House facilities and Capitol 
        grounds (Ch. 4, supra), subpenas served on him (Ch. 11, infra), 
        contempt proceedings (Ch. 13, infra), investigations and 
        inquiries (Ch. 15, infra), and calls of the House (Ch. 20, 
        infra).
---------------------------------------------------------------------------

    The general duties of the Sergeant at Arms are prescribed by the 
House rules (Rule IV clause 1) and by statute. Under these provisions, 
the Sergeant at Arms maintains order, including execution of arrest 
warrants for persons cited for contempt of the House or a committee, 
and keeps accounts for the pay mileage and pays Members, Delegates, and 
the Resident Commissioner from Puerto Rico. The symbol of his office is 
a mace, which is borne by him while enforcing order on tire 
floor.(5)
---------------------------------------------------------------------------
 5. Rule IV clause 2, House Rules and Manual Sec. 650 (1973); 2 USCA 
        Sec. 79.
            Collateral reference: Johnson, Zeake W., Jr., The Mace of 
        the House of Representatives of the United States, 7th ed., 
        Government Printing Office. Washington, D.C. (1969).
---------------------------------------------------------------------------

    Other rules and statutes impose specific duties to maintain order. 
As the officer charged with enforcing the authority of the House, the 
Sergeant at Arms, under the rules, strictly enforces the prohibition 
against Members walking across or out of the Hall of the House while 
the Speaker addresses the House,(6) appoints officers to 
send for and arrest absent Members when so ordered by the Speaker after 
a call of the House by 15 Members including the Speaker,(7) 
and brings absent Members before the House.(8~)
---------------------------------------------------------------------------
 6. Rule XIV clause 7, House Rules and Manual Sec. 763 (1973).
 7. Rule XV clause 2, House Rules and Manual Sec. 768 (1973).
 8. Rule XV clause 4, House Rules and Manual Sec. 773 (1973).
            During a call of the House, the Sergeant at Arms is 
        required to arrest absent Members wherever they may be found (4 
        Hinds' Precedents Sec. 3017), detains those who are present, 
        and brings in absentees (4 Hinds' Precedents Sec. Sec. 3045-
        3048). Pursuant to a proper motion, he reports progress in 
        securing a quorum (6 Cannon's Precedents Sec. 770).
            By order of the House, after a Member's complaint of 
        unlawful arrest, the Sergeant at Arms on one occasion 
        investigated and amended the return of his warrant (4 Hinds' 
        Precedents Sec. 3021). See also 6 Cannon's Precedents Sec. 686, 
        form of resolution for the arrest of Members absent without 
        leave; and 4 Hinds Precedents Sec. 3043, form of warrant and 
        discussion of authority to issue warrants.

---------------------------------------------------------------------------

[[Page 601]]

    It should also be noted that the Speaker, under Rule I clauses 2 
and 3 (requiring the Speaker to preserve order and have general control 
of the Hall, corridors, and passages of the House), may impose certain 
additional duties on the Sergeant at Arms. For example, at the 
direction of the Speaker, the Sergeant at Arms has enforced order with 
the mace,(9) cleared the galleries,(10) and, on 
one occasion, arrested a spectator and confined him 
briefly.(11)
---------------------------------------------------------------------------
 9. See  Cannon's Precedents Sec. 258.
10. 2 Hinds' Precedents Sec. 1352.
11. 2 Hinds' Precedents Sec. 1605.
---------------------------------------------------------------------------

    The Sergeant at Arms has been granted statutory authority to 
preserve order outside the Hall of the House. He is one of those who 
sits on the Capitol Police Board, which directs the activities of the 
Capitol Police.(12) With the Sergeant at Arms of the Senate, 
he develops regulations to preserve the peace and to secure the Capitol 
from defacement; and he may arrest and detain any person violating 
these regulations until such person can be brought before the proper 
authorities for trial.(13)
---------------------------------------------------------------------------
12. 40 USCA Sec. 212a. In this capacity the Sergeant at Arms controls 
        the regulation of vehicular traffic (40 USCA Sec. 2121 ; 
        selects officers (40 USCA Sec. 206 and 206a); pays salaries (40 
        USCA Sec. 207); selects uniforms (40 USCA Sec. 210); and 
        approves suspensions made by the captain (40 USCA Sec. 208).
13. 40 USCA Sec. 193.
---------------------------------------------------------------------------

    Several statutes deal with the duty of the Sergeant at Arms to keep 
the accounts and pay Members.(14~) Continuity of 
disbursement is ensured by statute. For example, to prevent an 
interruption in disbursement after a Congress adjourns, the Sergeant at 
Arms remains in office until his successor is chosen.(15) In 
case of the disability of the Sergeant at Arms, the Treasurer of the 
United States disburses the pay of Members, Delegates, and the Resident 
Commissioner from Puerto Rico.(16) The Sergeant at Arms is 
authorized to purchase insurance to protect the funds of his office. 
The premiums are paid out of the contingent fund of the House until 
otherwise provided by law.(17) He may not receive additional 
com

[[Page 602]]

pensation for performing his duties.(18)
---------------------------------------------------------------------------
14. Pay and mileage to be paid to Members (2 USC Sec. Sec. 78, 80); 
        statement of sums disbursed (2 USC Sec. 84); adjustment of 
        accounts during a fixed fiscal year (2 USC Sec. 81). See also 2 
        USC Sec. 39, which provides for deduction of salary for absence 
        from House; 2 USC Sec. 40a, which provides for deduction from 
        salary for delinquent indebtedness; and 2 USC Sec. 80a, which 
        provides for disbursement of gratuity appropriations.
15. 2 USC  83.
16. 31 USC Sec. 148.
17. 2 USC Sec. 81c. See also Sec. 19.4, infra.
18. 2 USC Sec. 77.
---------------------------------------------------------------------------

    The Sergeant at Arms, at the commencement of each regular session, 
submits to the House a written statement of sums drawn and disbursed 
and periodically reports accounts to the General Accounting 
Office,(19) which receives and examines his accounts and 
certifies to him balances arising thereon according to the character of 
the account.(20~) And he conducts on the-spot audits of the 
appropriated and trust funds of his office not less frequently than 
once each six months.(1) Amounts necessary to adjust for 
incorrect payments resulting from errors not caused by bad faith or 
lack of due care in the trust fund account of the Sergeant at Arms may 
be paid out of the contingent fund of the House on vouchers authorized 
and approved by the Committee on House Administration.(2)
---------------------------------------------------------------------------
19. 31 USC Sec. Sec. 496, 497.
20. 31 USC Sec. 72. See Sec. 19.3, infra, for discussion of Romney v 
        United States, 167 F2d 521 (D.C. Cir. 1948), cert. denied 334 
        U.S. 847 (1948), which held that 31 USC Sec. 72, 496, and 497, 
        apply to the Sergeant at Arms.
 1. 2 USC Sec. 81a.
 2. 2 USC Sec. 81b.
---------------------------------------------------------------------------

    In addition to his major duties of preserving order and keeping 
accounts of pay and mileage, the Sergeant at Arms has several other 
duties imposed by rules, statutes, and precedents. He has a duty, in 
the absence of the Clerk, (1) to preside until a Speaker is 
elected,(3) (2) to prepare the roll of Members-elect prior 
to the commencement of a Congress,(4) and (3) to send a 
certificate of the number of Representatives to which each state is 
entitled to the Governors following each decennial 
census.(5) The Sergeant at Arms secures suitable office 
space in home districts of Members,(6) ensures that a 
monument is erected whenever a deceased Member is interred in the 
Congressional Cemetery,(7) and, with the Architect of the 
Capitol and the Sergeant at Arms of the Senate, serves on the Capitol 
Guide Board which oversees the Capitol Guide Service.(8)
---------------------------------------------------------------------------
 3. As a ``duty imposed by law or custom relative to the organization 
        of the House'', presiding before the election of a Speaker is a 
        statutory responsibility imposed by 2 USC Sec. 26.
            See also Sec. 20.8, infra, in which the Doorkeeper presided 
        because the Clerk had died and the Sergeant at Arms was absent.
 4. 2 USC Sec. 26.
 5. 2 USC Sec. 2a(b).
 6. 2 USC Sec. 122.
 7. 2 USC Sec. 51.
 8. 40 USC Sec. 851.

---------------------------------------------------------------------------

[[Page 603]]

                          -------------------Keeping Accounts of Pay 
    and Mileage

Sec. 19.1 The House by resolution has authorized the Sergeant at Arms 
    to transfer funds from balances available to him in several 
    accounts under his administrative control to meet Members' payrolls 
    pending enactment of an appropriations bill carrying funds for that 
    purpose.

    On May 28, 1969,(9) a Member, Samuel N. Friedel, of 
Maryland, by direction of the Committee on House Administration, 
offered and the House agreed to the following resolution (H. Res. 425):
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House and Sergeant at Arms be 
    and is hereby directed to pay such sum as may be necessary, from 
    the balance available of the 1968 appropriation and the various 
    funds of the 1969 appropriation, where balances may be available, 
    for the House of Representatives to meet the May and June payroll 
    of Members, officers of the House, and employees of the House. 
    Moneys expended from these funds and/or appropriations by the 
    Sergeant at Arms and the Clerk will be repaid to the funds and/or 
    appropriations from the Sergeant at Arms and Clerk's supplemental 
    appropriation upon its approval.(10)
---------------------------------------------------------------------------
10. Parliamentarian's Note: This resolution was passed to provide 
        payroll funds because the Committee on House Administration had 
        been advised that funds previously appropriated were exhausted.
---------------------------------------------------------------------------

Sec. 19.2 The House by resolution may authorize the payment to the 
    Sergeant at Arms of an amount to cover additional mileage for 
    Members for attendance at a meeting of the Congress at a date 
    earlier than that to which it adjourned.

    On Aug. 7, 1948,(11) a Member, Ralph A. Gamble, of New 
York, offered the following resolution (H. Res. 715):
---------------------------------------------------------------------------
11. 94 Cong. Rec. 10247, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That the Clerk of the House of Representatives is 
    authorized and directed to pay to the Sergeant at Arms of the House 
    of Representatives not to exceed $171,000 out of funds appropriated 
    under the head ``Contingent expenses of the House,'' fiscal year 
    1949, for additional mileage of Members of the House of 
    Representatives, Delegates from Territories, and the Resident 
    Commissioner from Puerto Rico, at the rate authorized by law. . . .
        The Speaker [Joseph W. Martin, Jr., of Massachusetts]: . . . 
    The question is on suspending the rules and passing the resolution.
        Two-thirds having voted in favor thereof, the rules were 
    suspended and the resolution was passed.

Sec. 19.3 The Sergeant at Arms must periodically report ac

[[Page 604]]

    counts to the General Accounting Office.

    The alleged embezzlement of funds by a Sergeant at Arms led to a 
judicial review of the applicability of statutes which require accounts 
to be reported to the General Accounting Office.(~12~) 
Applying statutes dealing with duties of the Sergeant at Arms to keep 
accounts for the pay and mileage of Members(13) and draw 
requisitions for the compensation and mileage of 
Members,(14) as well as other statutes,(15) the 
Court of Appeals for the District of Columbia Circuit affirmed the 
conviction of the former Sergeant at Arms, Kenneth Romney, for 
presenting to the General Accounting Office certain false statements of 
accounts and concealing a shortage by trick, scheme, and device (18 USC 
Sec. 80).(16)
---------------------------------------------------------------------------
12. See Romney v United States, 167 F2d 521 (D.C. Cir. 1948); cert. 
        den. 334 U.S. 847 (1948).
13. 2 USC Sec. 78.
14. 2 USC Sec. 80.
15. These statutes provide for: submitting to the House a statement of 
        disbursements (2 USC Sec. 84); inquiring into compliance with 
        certain statutory provisions by the Committee on [House 
        Administration (2 USC Sec. 91); examining accounts by (2 USC 
        Sec. 72) and submitting accounts to (31 USC Sec. 496, 497) the 
        General Accounting Office.
16. See Romney v United States, 167 F2d 521, at 522, 528 (D.C. Cir. 
        1948); cert. den. 334 U.S. 847 (1948).
---------------------------------------------------------------------------

    In reaching this decision, the court held that a statute requiring 
the General Accounting Office to receive and examine all 
accounts(17) applies to the House and that statutes 
requiring disbursing officers to submit accounts to the General 
Accounting Office monthly(18) or more 
frequently(19) apply to the Sergeant at 
Arms.(20~) Mr. Romney's contention, based on 
statutes(1) and rules,(2~) that these reporting 
duties do not apply to the House because that body acts as its own 
auditor, was rejected.
---------------------------------------------------------------------------
17. 31 USC Sec. 72.
18. 31 USC Sec. 496.
19. 31 USC Sec. 497.
20. See Romney v United States, 167 F2d 521, at 524, 525 (D.C. Cir. 
        1948); cert. den. 334 U.S. 847 (1948).
 1. 2 USC Sec. 84, which requires the Sergeant at Arms to submit to the 
        House a statement of disbursements; 2 USC Sec. 91, which 
        directs the Committee on House Administration to inquire into 
        compliance with certain statutory provisions; and 2 USC 
        Sec. 97, which provides for the establishment of a temporary 
        committee on accounts of the House.
 2. Rule IV clause 1, House Rules and Manual Sec. 648 and 649 (1973) 
        which provides that the Sergeant at Arms keep accounts of pay 
        and mileage of Members.
---------------------------------------------------------------------------

    The court held that, ``Cash in the hands of such an official 
[disbursing officer] manifestly con

[[Page 605]]

tinues to be the property of the government until it has actually been 
disbursed by him to persons lawfully entitled to receive it'', and that 
`cash drawn from the Treasury by the Sergeant at Arms is properly 
reported in his accounts current as part of the item styled `Balance 
now due the United States.'''(3)
---------------------------------------------------------------------------
 3. See Romney v United States, 167 F2d 521, at 526, 527 (D.C. Cir. 
        1948); cert. den. 334 U.S. 847 (1948). [See also Crain v United 
        States, 25 Ct. Cl. 204 (1890) which held that the Sergeant at 
        Arms was a disbursing officer.]
---------------------------------------------------------------------------

    The court also rejected the appellant's contention that 
falsification of the item of cash on hand did not violate the false 
claims statute [18 USC Sec. 80] because cash ceased to be government 
property and became Members' property at the moment the Sergeant at 
Arms received it from the Treasury. This contention was based on the 
appellant's view that he held the money not as a disbursing officer, 
but as a private person acting as an agent for other private 
persons.(4)
---------------------------------------------------------------------------
 4. See Romney at p. 525.
---------------------------------------------------------------------------

    Following this decision, Congress enacted 63 Stat. 482 (codified as 
2 USC Sec. 81a)(5) which authorized the Comptroller General 
to detail employees of the General Accounting Office to make on-the-
spot audits of all receipts and disbursements pertaining to fiscal 
records of the Sergeant at Arms not less frequently than once each six 
months.
---------------------------------------------------------------------------
 5. See 95 Cong. Rec. 9475, 81st Cong. 1st Sess., July 14, 1949 
        (passage in House); 9. Cong. Rec. 9755, 81st Cong. 1st Sess., 
        July 20, 1949 (passage in Senate); 95 Cong. Rec. 10487, 81st 
        Cong. 1st Sess., Aug. 1, 1949 (announcement in House of 
        approval by the President).
---------------------------------------------------------------------------

Purchasing Insurance

Sec. 19.4 The Sergeant at Arms may protect funds of his office by 
    purchasing insurance out of the contingent fund of the House when 
    authorized by simple resolution.

    On Apr. 1, 1947,(6) Apr. 1, 1949,(7) and July 
24, 1956,(8) the House authorized the Sergeant at Arms to 
protect the funds of his office by purchasing insurance out of the 
contingent fund of the House.
---------------------------------------------------------------------------
 6. 93 Cong. Rec. 2971, 80th Cong. 1st Sess.
 7. 95 Cong. Rec. 3703, 81st Cong. 1st Sess.
 8. 102 Cong. Rec. 14241. 84th Cong.
---------------------------------------------------------------------------

    In each instance, a Member introduced a resolution in the following 
form:

        Mr. Speaker, by direction of the Committee on House 
    Administration, I

[[Page 606]]

    submit a privileged resolution . . . and ask for its immediate 
    consideration.
        The Clerk read the resolution, as follows:
        Resolved, That the Sergeant at Arms of the House of 
    Representatives is authorized and directed to protect the funds of 
    his office by purchasing insurance [in stated amounts], providing 
    protection against loss with respect to such funds. Until otherwise 
    provided by law, premiums on such insurance shall be paid out of 
    the contingent fund of the House on vouchers signed by the Sergeant 
    at Arms and approved by the Committee on House Administration.
In each case the resolution was agreed to and a motion to reconsider 
was laid on the table.

Regulation of Parking

Sec. 19.5 The Sergeant at Arms assigns space for outdoor parking of 
    automobiles under direction of the Select Committee to Regulate 
    Parking.

    On June 28, 1967,(9) a select committee charged with 
responsibility for outdoor parking on the House side of the Capitol was 
created.
---------------------------------------------------------------------------
 9. 113 Cong. Rec. 17791, 17792, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [B. F.] Sisk [of California]: Mr. Speaker, by direction of 
    the Committee on Rules, I call up House Resolution 514 and ask for 
    its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 514

            Resolved, (a) That there is hereby created  select 
        committee to be composed of three Members of the House of 
        Representatives to be appointed by the Speaker, one of whom 
        shall be designated as chairman. Any vacancy occurring in the 
        membership of the committee shall be filled in the same manner 
        in which the original appointment was made.
            (b) The said committee is hereby authorized to exercise 
        direction over the Sergeant at Arms of the House of 
        Representatives in the assignment of space for outdoor parking 
        of automobiles in squares 639, south of 635, and G92, located 
        adjacent to the House Office Buildings, and for all other 
        outdoor parking of automobiles on the House side of the United 
        States Capitol Grounds. . . .

        The resolution was agreed to.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 20. Duties of the Doorkeeper

    Under Rule V clause 1, of the House Houses and 
Manual,(10) the Doorkeeper enforces rules(11) 
relating to privileges of the Hall of the House. Under Rule V clause

[[Page 607]]

2,(12) he allows no person to enter the Hall of the House 
during sessions, and clears the floor of all persons not privileged to 
remain.
---------------------------------------------------------------------------
10. See 1 Hinds' Precedents Sec. 260 for the origin of Rule V clause 1.
11. These rules include Rule XXXI House Rules and Manual Sec. 918 
        (1973) relating to the Hall of the House; and Rule XXXII 
        clauses 1, 2, House Rules and Manual Sec. 919-921 (1973), 
        relating to admission to the floor.
12. See 5 Hinds' Precedents Sec. 7295 for the origin of clause 2.
---------------------------------------------------------------------------

    Before the 92d Congress, the Doorkeeper was responsible for making 
an inventory of all furniture, books, and other public property in 
committee rooms and other spaces.(13) However, the provision 
containing this directive, former Rule V clause 2, was deleted in the 
general revision of the rules effected by the Legislative 
Reorganization Act of 1970(14) because the duty of taking 
inventories and accounting for custody of furniture and other office 
equipment was placed in the Clerk by the House Office Building 
Commission.(15)
---------------------------------------------------------------------------
13. See 1 Hinds' Precedents Sec. 261.
14. 84 Stat. 1140.
15. 34 Stat. 1365.
---------------------------------------------------------------------------

    With the Sergeant at Arms, the Doorkeeper enforces the 
rule(16) relating to behavior of Members on the floor. 
Although Jefferson's Manual,(17) states that porters or the 
Sergeant at Arms keeps the doors, this duty is executed by the 
Doorkeeper and his assistants.
---------------------------------------------------------------------------
16. Rule XIV clause 7, House Rules and Manual Sec. 763 (1973).
17. House Rules and Manual Sec. 380 (1973).
---------------------------------------------------------------------------

    The Speaker in executing his own responsibilities under the rules 
imposes on the Doorkeeper duties in addition to those mentioned above. 
Thus, pursuant to his authority to exercise general control of the Hall 
of the House and corridors thereof under Rule I clause 3, the Speaker 
has directed the Doorkeeper to remove a placard posted by a Member in 
the lobby of the House,(18) or to clear(19) and 
close the galleries.(20)
---------------------------------------------------------------------------
18. 6 Cannon's Precedents Sec. 262.
19. See Sec. 20.2, 20.3, infra.
20. See Sec. 20.4, infra.
---------------------------------------------------------------------------

    Statutes also impose duties on the Doorkeeper. For example, he 
certifies his payroll each month,(1) and he reports position 
descriptions of all employee positions under the House Radio and 
Television Correspondents' Gallery and the House Periodical Press 
Gallery to the Committee on House Administration.(2)
---------------------------------------------------------------------------
 1. 2 USC Sec. 89. A violation of this duty is deemed to be a cause for 
        removal from office (see 2 USC Sec. 90).
 2. 2 USC Sec. 294(b)(1).
---------------------------------------------------------------------------

    The Doorkeeper performs supervisory responsibilities, which include 
appointing the superintendent of the Document Room(3) and 
the superintendent of the Publications Distribution Service (folding 
room).(4) The Doorkeeper oversees operations of

[[Page 608]]

a special as assistant,(5) telephone clerks,(6) 
doormen, and the pages that serve the House.(7)
---------------------------------------------------------------------------
 3. 44 USC Sec. 739.
 4. 44 USC Sec. 740.
 5. 2 USC Sec. 76a.
 6. 2 USC Sec. 76b.
            The chief telephone clerk is chosen by the majority; the 
        assistant chief telephone clerk is chosen by the minority.
 7. See annotation to Rule V clause 1, House Rules and Manual Sec. 652 
        (1973).
---------------------------------------------------------------------------

    With the Clerk of the House, the Secretary of the Senate, and 
Sergeant at Arms of the Senate, the Doorkeeper (a) sells wastepaper and 
useless documents that accumulate in his department,(8) and 
(b) invoices public documents stored in and about the Capitol at the 
convening of each regular session.(9)
---------------------------------------------------------------------------
 8. 2 USC Sec. 117.
 9. 44 USC Sec. 741.
---------------------------------------------------------------------------

    In the absence of the Clerk and Sergeant at Arms, certain duties 
devolve upon the Doorkeeper including (a) calling the House to order 
before election of a Speaker,(10) (b) sending to Governors 
certificates of the number of Representatives to which each state is 
entitled after each decennial census,(11) and (c) making a 
roll of Representatives-elect before the meeting of each 
Congress.(12)
---------------------------------------------------------------------------
10. Rule III clause 1, House Rules and Manual Sec. 639 (1973). See 
        Sec. 20.8, infra, in which the Doorkeeper presided at the 
        commencement of the 80th Congress.
11. 2 USC Sec. 2a(b).
12. 2 USC Sec. 26.
---------------------------------------------------------------------------

    When the office of the Doorkeeper is declared vacant because of 
misconduct of an incumbent, the duties of the Doorkeeper devolve upon 
the Sergeant at Arms.(13)
---------------------------------------------------------------------------
13. 1 Hinds' Precedents Sec. 288, 289.
---------------------------------------------------------------------------

    The Doorkeeper with the aid of his appointees performs services not 
enumerated in the rules or statutes such as furnishing Members with 
printed copies of bills, reports, and other documents; conveying 
messages from Members; and keeping the Hall, galleries, and committee 
rooms in order(14)
---------------------------------------------------------------------------
14. 1 Hinds' Precedents Sec. 262, note 
        9.                          -------------------
---------------------------------------------------------------------------

Controlling Access to Galleries

Sec. 20.1 The distribution of tickets for seats in the gallery during 
    special occasions is the responsibility of the Doorkeeper of the 
    House.

    On Feb. 28, 1945,(15) a Member raised an inquiry 
concerning distribution of gallery tickets to minority members:
---------------------------------------------------------------------------
15. 91 Cong. Rec. 1594, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, I would like 
    to make an inquiry of the Chair, although

[[Page 609]]

    I do not know that it is a parliamentary inquiry. Heretofore, when 
    tickets have been distributed, there were a certain number of step 
    tickets. Does the minority get any of those, or do they all go to 
    the majority?
        The Speaker Pro Tempore: (16) That is a double-edged 
    question. . . . The Chair does not undertake to answer the 
    question, because no matter how it is answered, it is put in such 
    manner as would make it appear that tickets have been distributed 
    in the past contrary to the understanding of the Chair. That matter 
    is left with the Doorkeeper. who is an officer of the House. . . .
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Sec. 20.2 The Doorkeeper executes the Speaker's directive to clear the 
    galleries issued in response to a Member's point of order.

    On Jan. 18, 1972,(17) the Speaker, Carl Albert, of 
Oklahoma, during a speech by a Member, Bella S. Abzug, of New York, 
discussing her resolution to censure the President's conduct of the war 
in Indochina, twice admonished spectators that expressions of approval 
were not permitted under the rules. When all persons in one gallery 
stood and displayed signs indicating approval of proceedings on the 
floor, the Speaker ordered the galleries cleared.
---------------------------------------------------------------------------
17. 118 Cong. Rec. 9, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair reminds our guests in the galleries that 
    the Chair must enforce the rules of the House and that 
    demonstrations from the galleries will not be permitted. . . .

                               Point of Order

        Mr. [Durward G.] Hall, [of Missouri]: Mr. Speaker, I demand 
    that the gallery be cleared.
        The Speaker: The Chair will not tolerate demonstrations of 
    approval or disapproval in the galleries.
        Mr. Hall: Mr. Speaker, I make a point of order that our guests 
    and those in the galleries are not in order. I request that the 
    gallery be cleared.
        The Speaker: The gentleman's point is well taken. The galleries 
    will be cleared.

    Parliamentarian's Note: The Doorkeeper cleared the gallery pursuant 
to the Speaker's directive. See 2 Hinds' Precedents Sec. 1352 for an 
instance in 1836 wherein the Speaker had ordered the galleries cleared.

Sec. 20.3 The Doorkeeper executed the Speaker's order to clear certain 
    spectator galleries but not others, as announced at the 
    commencement of the day's sitting.

    On May 9, 1972,(18) the Speaker, Carl Albert, of 
Oklahoma, ordered some spectator galleries to be cleared.
---------------------------------------------------------------------------
18. 118 Cong. Rec. 16287, 92d Cong. 2d Sess
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make the announcement that 
    the

[[Page 610]]

    Chair did not order the clearing of the galleries except those on 
    the Chair's left, where there was disorder.

    Parliamentarian's Note: This order was given because some persons 
protesting the President's announcement on May 8, 1972, to mine the 
North Vietnamese harbor caused disorder in the galleries.

Sec. 20.4 The Doorkeeper executes the Speaker's order to close the 
    galleries in anticipation of disturbances.

    On May 10, 1972,(19) the Speaker, Carl Albert, of 
Oklahoma, ordered the galleries to be closed.
---------------------------------------------------------------------------
19. 118 Cong. Rec. 16576, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair desires to make a statement.
        The Chair has received intelligence from the police force and 
    other responsible authorities that there will be disturbances in 
    the gallery today. On the basis of this information and their 
    recommendation the Chair has ordered that the galleries be closed 
    to the public for the time being.

    Parliamentarian's Note: This decision, made after consultation with 
the Majority and Minority Leaders and the Parliamentarian, was based on 
reports from the Capitol Police that certain persons would demonstrate 
in the gallery against the Indochina war. The galleries were closed by 
the Doorkeeper from the commencement of business at 12:00 meridian 
until 2:52 p.m. when they were reopened.

Sec. 20.5 The Doorkeeper confiscated the film of a visitor who was 
    ordered to leave the gallery for photographing the Members while in 
    session.

    On Feb. 22, 1942,(20) a visitor was ordered to remove 
himself or his camera because he was taking pictures from the gallery.
---------------------------------------------------------------------------
20. 88 Cong. Rec. 2152, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker [Sam Rayburn, of Texas]: The Chair understands 
    there is a camera in the gallery. Whoever has that camera will 
    remove the camera or remove themselves and the camera immediately. 
    That is a violation of the rules of the House.

    The film in the camera of the person taking the pictures was 
confiscated by the Doorkeeper.

Closing or Locking Doors

Sec. 20.6 Upon a personal instruction by the Speaker during a call of 
    the House under former Rule XV clause 2, the Doorkeeper locked all 
    exits from the House Chamber and removed doorknobs from cloakroom 
    doors to prevent Members from leaving during a call of the House.

[[Page 611]]

    On Oct. 8, 1968,(1) the Speaker ordered the doors to the 
Chamber closed and locked during a call of the House under former Rule 
XV clause 2, and instructed the Doorkeeper to enforce the rule and let 
no Members leave the Hall.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

    The Chair personally instructed the Doorkeepers to lock all exits 
from the House Chamber and to prohibit Members from leaving during the 
call of the House. Doors leading from the Chamber to the Speaker's 
lobby, as well as those opening from the cloakrooms to the north 
corridor in the House wing were locked. Doorknobs were removed in the 
cloakrooms to prevent doors being opened.

        The Speaker [John W. McCormack, of Massachusetts]: The 
    Doorkeeper will close the doors, the Sergeant at Arms will notify 
    absent Members, and the Clerk will call the roll.
        Mr. [John H.] Dent [of Pennsylvania]: Mr. Speaker, a point of 
    order, which relates to the call of the roll. . . .
        . . . The point of order is the doors were ordered closed, and 
    the doors to the outside of the Chamber are open in the cloakrooms.
        The Speaker: The Chair has given instructions to close all 
    doors and allow no Members out.

    Parliamentarian's Note: The Speaker's order to lock the doors was 
permitted under former Rule XV clause 2; the rule in its present form 
refers merely to the doors being ``closed'' when so ordered by the 
Speaker. Rule XV clause 2(b).

Sec. 20.7 When proceedings under a call of the House pursuant to Rule 
    XV clause 2 are dispensed with, doors to the Chamber are reopened 
    by the Doorkeeper without further instructions from the Chair.

    On Oct. 8, 1968,(2) a Member raised a parliamentary 
inquiry concerning doors locked during a call of the House:
---------------------------------------------------------------------------
 2. 114 Cong. Rec. 30093, 90th Cong. 2d Sess
---------------------------------------------------------------------------

        Mr. [Craig] Hosmer [of California]: Mr. Speaker, I have a 
    parliamentary inquiry. 
        The Speaker [John W. McCormack, of Massachusetts]: The 
    gentleman will state it.
        Mr. Hosmer: Mr. Speaker, a point of order having been made of 
    no quorum, a quorum having been called, and a quorum having been 
    found present, and the further proceedings under the call having 
    been dispensed with, does that mean that the doors of the House are 
    now unlocked?
        The Speaker: The gentleman is correct.

Doorkeeper as Presiding Officer

Sec. 20.8 In the absence of the Clerk and Sergeant at Arms,

[[Page 612]]

    the Doorkeeper calls the House to order when a Congress convenes 
    and presides until a Speaker is elected and takes the chair.

    On Jan. 3, 1947,(3) the Doorkeeper, Ralph R. Roberts, 
called the House to order at the commencement of the 80th Congress and 
presided until a Speaker was elected because the Clerk of the 79th 
Congress had died and the Sergeant at Arms was absent.
---------------------------------------------------------------------------
 3. 93 Cong Rec. 33-35, 80th Cong. 1st Sess.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 21. Duties of the Chaplain

    The Chaplain of the House is responsible for offering a prayer at 
the commencement of each day's sitting of the House under Rule VII of 
the House Rules and Manual.(4)
---------------------------------------------------------------------------
 4. Rule VII House Rules and Manual Sec. 650 (1973).
---------------------------------------------------------------------------

    Although the prayer generally precedes the transaction of any 
business,(5) it follows the election of a new Speaker at the 
first meeting after the death of a Speaker.(6) And despite 
the general practice that a prayer be offered daily,(7) it 
was not offered on certain occasions.(8)
---------------------------------------------------------------------------
 5. 4 Hinds' Precedents Sec. 3056.
 6. Sec. 21.4, infra.
 7. See Sec. 21.2, infra.
 8. See Sec. 21.3, infra, for instances where no prayer was offered.
---------------------------------------------------------------------------

Application of Quorum Requirement to Prayer

Sec. 21.1 A quorum is not required for prayer by the Chaplain when a 
    meeting commences, and the Speaker does not recognize Members for a 
    point of order against the prayer based on the absence of a quorum.

    On Mar. 19, 1941,(9) a Member raised a parliamentary 
inquiry:
---------------------------------------------------------------------------
 9. 87 Cong. Rec. 2352, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker [Sam Rayburn, of Texas]: The gentleman will state 
    it.
        Mr. Rich: Mr. Speaker, when I was seeking recognition from the 
    Speaker before the Chaplain offered prayer, I felt that there would 
    be a call of the House and I thought it would be a good thing for 
    all the Members to be here for once to hear the Chaplain offer 
    prayer. What does the Speaker think about that? Would it be proper 
    procedure for a Member to make the point of order that a quorum is 
    not present before the Chaplain offers prayer?
        The Speaker: As the Chair understands it, it has been held many 
    times

[[Page 613]]

    that the prayer is not such business of the House that a quorum is 
    required.(10)
---------------------------------------------------------------------------
10. See also 6 Cannon's Precedents  663.
---------------------------------------------------------------------------

When Prayers Are Offered

Sec. 21.2 As a general rule, a prayer is offered daily, whether the 
    House had adjourned until the next day or had recessed at its 
    previous sitting.

    On June 18, 1948,(11) a prayer was offered by the 
Chaplain at the expiration of a recess.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 8824, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

    On the legislative day of Sept. 22, 1961,(12) a prayer 
was offered at 10 o'clock a.m. after the Speaker pro tempore had 
recessed the House at 6:19 p.m. on the previous calendar 
day.(13)
---------------------------------------------------------------------------
12. 107 Cong. Rec. 20888, 87th Cong. 1st Sess., Sept. 23, 1961.
13. 107 Cong. Rec. 20869, 87th Cong. 1st Sess., Sept. 22, 1961.
---------------------------------------------------------------------------

Sec. 21.3 Notwithstanding the usual practice that a prayer be offered 
    daily, it has not been offered where the House is meeting after a 
    recess to transact business of the same legislative day, although a 
    new calendar day may have begun.

    On the legislative day of Aug. 31, 1960, after a recess begun at 
3:37 a.m., no prayer was offered prior to resumption of business in the 
House at 12 o'clock noon on the same legislative day, although a new 
calendar day, Sept. 1, 1960, had begun.(14)
---------------------------------------------------------------------------
14. See 106 Cong. Rec. 18921 (recess on legislative day of Aug. 31, at 
        3:37 a.m., Sept. 1), 86th Cong. 2d Sess., Aug. 31, 1960; and 
        106 Cong. Rec. 19113 (resumption of business for legislative 
        day of Aug. 31 at 12:00 noon, Sept. 1), 86th Cong. 2d Sess., 
        Sept. 1, 1960.
---------------------------------------------------------------------------

Prayers After Death of Speaker

Sec. 21.4 At the first meeting following the death of a Speaker during 
    a Congress, the prayer is not offered by the Chaplain until the 
    oath has been administered to the Speaker-elect.

    Although a prayer normally precedes the transaction of any business 
under Rule XXIV clause 1,(15) including the election of a 
new Speaker at the commencement of a Congress,(16) the 
prayer follows

[[Page 614]]

the administration of the oath to a Speaker-elect whose election was 
necessitated by the death of his predecessor.(1)
---------------------------------------------------------------------------
15. 4 Hinds' Precedents Sec. 3056.
16. For instances involving the election at the commencement of 
        Congress of a different Member to the office of Speaker when 
        his predecessor has chosen not to seek reelection to the House, 
        see 77 Cong. Rec. 67, 73d Cong. 1st Sess., Mar. 9, 1933, 
        election of Henry T. Rainey; 117 Cong. Rec. 9, 92d Cong. 1st 
        Sess., Jan. 21, 1971, election of Carl Albert after John W. 
        McCormack did not seek reelection to the House in 1970.
 1. See 80 Cong. Rec. 9016, 74th Cong. 2d Sess., June 4, 1936, election 
        of William B. Bankhead after death of Joseph W. Byrns on same 
        date; and 86 Cong. Rec. 12231, 76th Cong. 3d Sess., Sept. 16, 
        1940, election of Sam Rayburn after death of William B. 
        Bankhead on Sept. 15, 1940.
            Compare 79 Cong. Rec. 9, 74th Cong. 1st Sess., Jan. 3, 
        1935, election of Joseph W. Byrns, the prayer preceding the 
        administration of the oath. The previous Speaker, Henry T. 
        Rainey, died on Aug. 19, 1934, two months after adjournment of 
        the second session of the 73d Congress on June 15, 1933.
---------------------------------------------------------------------------

Printing of Prayers

Sec. 21.5 The House has authorized the printing of prayers offered by 
    the Chaplain of the House.

    On Mar. 11, 1965,(2) the House authorized the printing 
of prayers offered by the Chaplain of the House, Rev. Bernard Braskamp, 
as follows:
---------------------------------------------------------------------------
 2. 111 Cong. Rec. 4766, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, by direction of the 
    Committee on House Administration I call up House Resolution 230 
    and ask for its immediate consideration.
        The Clerk read as follows:

                                H. Res. 230

            Resolved, That the prayers offered by the Chaplain, the 
        Reverend Bernard Braskamp, doctor of divinity, at the opening 
        of the daily sessions of the House of Representatives of the 
        United States during the Eighty-seventh and Eighty-eighth 
        Congresses, be printed as a House document, and that two 
        thousand additional copies be printed and bound for the use of 
        the House of Representatives, to be distributed by the Chaplain 
        of the House of Representatives.
            With the following committee amendment:
            On page 1, line 6, strike out ``two'' and insert ``one''.

        The committee amendment was agreed to.
        The resolution was agreed to.

Prayers Offered on Special Occasions

Sec. 21.6 On the day following the shooting in the House Chamber in 
    which several Members were wounded, the Chaplain offered a special 
    prayer when the House convened.

    On Mar. 2, 1954,(3) the Chaplain of the House, Rev. 
Bernard Braskamp, D.D., offered the following prayer:
---------------------------------------------------------------------------
 3. 100 Cong. Rec. 2483, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

        Almighty God, our Father, by whose mercies we have been spared 
    and by

[[Page 615]]

    whose powers we are sustained in our earthly pilgrimage, we are 
    coming unto Thee with a humble spirit and a contrite heart.

        Gird us now with courage and with confidence in Thy loving 
    kindness for Thou art never closer unto us than when our hearts are 
    wrung with sorrow and our heads are bowed in tribulation.
        We commend unto Thy gracious care in keeping our beloved 
    colleagues, beseeching Thee that Thou wilt share Thine eternal 
    wisdom with the doctors and nurses for Thou art the Great Physician 
    who canst mediate unto them divine skill and enable them to do that 
    which is far beyond all that we can ask or think.
        Grant unto the Members of the sorrowing and stricken families 
    the consolidations of Thy grace and, as they bravely carry on and 
    faithfully and patiently keep the vigil of faith, hope, and love, 
    may they have the blessed companionship of that friend who sticketh 
    closer than a brother.
        We thank Thee for the beautiful spirit of Thy servant, so 
    seriously ill, who has besought us to remember in our prayer those 
    who have harmed us. May we also emulate the example of our blessed 
    Lord who prayed, ``Father, forgive them for they know not what they 
    do.''
        To Thy name, through Jesus Christ our Lord and Saviour, we 
    ascribe all the praise. Amen.

Absence of Chaplain

Sec. 21.7 The prayer may be offered by an acting Chaplain.

    On Apr. 25, 1966,(4) Dr. Edward Gardiner Latch, acting 
Chaplain of the House, offered the following opening prayer:
---------------------------------------------------------------------------
 4. 112 Cong. Rec. 8786, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        God is our refuge and strength, a very present help in trouble. 
    Therefore will we not fear.--Psalm 46:1.
        O God, our Father, who art the refuge and strength of Thy 
    people in every age and our refuge and our strength in this present 
    hour, we pause in Thy presence to offer unto Thee once again the 
    devotion of our hearts. Amid all the changes of this life, help us 
    to rest our spirits upon those eternal foundations of truth and 
    love which Thou hast laid for us. Save us from restlessness, from 
    confusion, and from perpetual movement. Draw us unto Thyself that 
    for this moment we may be still and know that Thou art God. With 
    the assurance of Thy Spirit may we accept the responsibilities of 
    This day and fulfill all our obligations with fidelity and honor. 
    Into Thy loving arms we commit ourselves and our Nation--praying 
    that together we may be one in Thee: through Jesus Christ our Lord. 
    Amen.

    Dr. Latch was appointed as acting Chaplain by the Speaker, John W. 
McCormack, of Massachusetts, on Mar. 14, 1966. Daily prayers during the 
period between that date and Apr. 25, were offered by visiting 
chaplains who had been scheduled by the Doorkeeper following the death 
of Chaplain Braskamp.

Sec. 21.8 In the absence of the Chaplain of the House, the Members rose 
    for a silent prayer.

[[Page 616]]

    On Oct. 5, 1949,(5) Members were asked to rise for a 
moment of silent prayer.
---------------------------------------------------------------------------
 5. 95 Cong. Rec. 13897, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 10 o'clock a.m.
        The Speaker [Sam Rayburn, of Texas]: Will the membership rise 
    for a moment in silent prayer?

    Parliamentarian's Note: Although the Chaplain of the House had 
designated an acting Chaplain to serve during his absence, the acting 
Chaplain was unaware that the House had agreed to convene at 10 o'clock 
a.m. and arrived too late to open the House with a prayer.

Sec. 21.9 Visiting Chaplains offer prayers when the Chaplain of the 
    House is absent.

    On June 9, 1948,(6) the prayer was offered by a woman 
minister,(7) for the first time in the history of the 
Congress.
---------------------------------------------------------------------------
 6. 94 Cong. Rec. 7597, 7598, 80th Cong. 2d Sess.
 7. Rev. Annalee Stewart, of Chicago and Boston.
---------------------------------------------------------------------------

    On June 21, 1965,(8) the prayer was offered in the House 
by Rev. Harold S. Horan, son of Walter F. Horan, a former Member (1943-
55) from Washington.
---------------------------------------------------------------------------
 8. 111 Cong. Rec. 14097, 89th Cong. 1st. Sess.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 22. Vacancies; Selection of Successors

    The unexpected death of the Sergeant at Arms, William F. Russell, 
on July 8, 1953,(9) dramatically underscored the need for a 
mechanism to select acting officers. On that date,(10) the 
House authorized Lyle O. Snader, Clerk of the House, to serve 
concurrently as Clerk and Sergeant at Arms with the proviso that he 
would receive no additional compensation for performing the duties of 
the Sergeant at Arms.(11) Later, Congress passed a statute 
(2 USCA Sec. 75a-1) authorizing the Speaker to appoint a person to act 
as Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain 
whenever a vacancy occurs.(12)
---------------------------------------------------------------------------
 9. See 99 Cong. Rec. 8263, 83d Cong. 1st Sess. for announcement of the 
        death of the Sergeant at Arms.
10. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
11. See Sec. 16.3, supra.
12. See Sec. 22.1, infra, for text of resolution.
---------------------------------------------------------------------------

Appointments by Speaker

Sec. 22.1 The Speaker is authorized by statute to appoint temporary 
    officers to fill vacancies.

    On July 28, 1953,(13) Mr. Charles A. Halleck, of 
Indiana, of

[[Page 617]]

fered and the House passed the following bill (H.R. 6571) which was 
codified as 2 USC Sec. 75a-1 (approved Aug. 5, 1953):(14)
---------------------------------------------------------------------------
13. 99 Cong. Rec. 10128, 83d Cong. 1st Sess.
14. See also 99 Cong. Rec. 10073, 83d Cong. 1st Sess., July 8, 1958, 
        for passage in Senate.
---------------------------------------------------------------------------

        (a) In case of a vacancy, from whatever cause, in the office of 
    Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, of 
    the House of Representatives, or in the case of the incapacity or 
    inability of the incumbent of any such office to perform the duties 
    thereof, the Speaker of the House of Representatives may appoint a 
    person to act as, and to exercise temporarily the duties of, Clerk, 
    Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case 
    may be, until a person is chosen by the House of Representatives 
    and duly qualifies as Clerk, Sergeant at Arms, Doorkeeper, 
    Postmaster, or Chaplain, as the case may be or until the 
    termination of the incapacity or inability of the incumbent.
        (b) Any person appointed pursuant to this section shall 
    exercise all the duties, shall have all the powers, and shall be 
    subject to all the requirements and limitations applicable with 
    respect to one chosen by the House of Representatives to fill the 
    office involved; but nothing in this section shall be held to 
    amend, repeal, or otherwise affect section 7 of the Legislative 
    Branch Appropriation Act, 1943 (2 U.S.C. sec. 75a).
        (c) Any person appointed pursuant to this section shall be paid 
    the compensation he would receive if he were chosen by the House of 
    Representatives to fill the office involved, unless such person is 
    concurrently serving in any office or position the compensation for 
    which is paid from the funds of the United States, in which case he 
    shall receive no compensation for services rendered pursuant to his 
    appointment under this section, and his compensation for performing 
    the duties of such office other than the one to which he is 
    appointed pursuant to this section shall be in full discharge for 
    all services he performs for the United States while serving in 
    such dual capacity.

Sec. 22.2 The Speaker, pursuant to 2 USCA Sec. 75a-1(a), appointed a 
    Sergeant at Arms following resignation of the incumbent who 
    concurrently held the office of Clerk.

    On Jan. 6, 1954,(15) the Speaker, Joseph W. Martin, Jr., 
of Massachusetts, laid before the House the following communication 
from the Clerk:
---------------------------------------------------------------------------
15. 100 Cong. Rec. 8, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

            My Dear Mr. Speaker: I submit herewith, effective at the 
        close of business today, my resignation as Sergeant at Arms, 
        House of Representatives, which additional duty I assumed 
        pursuant to House Resolution 323, dated July 8, 1953, 83d 
        Congress.
              Respectfully yours,
                                               Lyle O. Snader,
                                                    Clerk of the
                                         House of Representatives.
At the same time the Speaker made the following announcement:

            The Chair announces that, pursuant to the provisions of 
        section

[[Page 618]]

        208(a) of the Legislative Reorganization Act of 1946 [2 USCA 
        75a-1], he did on September 15, 1953, appoint William R. 
        Bonsell, of the State of Pennsylvania, to act temporarily as 
        Sergeant at Arms until the House chooses a person for that 
        office.(16)
---------------------------------------------------------------------------
16. 100 Cong. Rec. 8, 83d Cong. 2d Sess. See Sec. 16.4, supra, for the 
        election of Mr. Bonsell as permanent Sergeant at Arms.
---------------------------------------------------------------------------

Sec. 22.3 The person who had resigned as permanent Sergeant at Arms was 
    appointed to fill the office on a temporary basis until a successor 
    could be chosen.

    On June 30, 1972,(17) the Speaker, Carl Albert, of 
Oklahoma, laid before the House a letter of resignation from the 
Sergeant at Arms, Zeake W. Johnson, Jr., effective June 30, 1972, and, 
pursuant to 2 USC Sec. 75a-1 (a) appointed him to act as and to 
exercise temporarily the duties of that office.
---------------------------------------------------------------------------
17. 118 Cong. Rec. 23665, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: Mr. Johnson resigned as permanent Sergeant 
at Arms on this date to qualify for certain retirement benefits 
available to persons who left government service on or before the last 
day of the 1972 fiscal year. He agreed to serve as acting Sergeant at 
Arms until the Democratic Caucus nominated a candidate for the office 
of Sergeant at Arms.
    Mr. Johnson served as temporary Sergeant at Arms until Oct. 1, 
1972. On Sept. 25, 1972,(18) the Speaker, laid before the 
House the following communication from the acting Sergeant at Arms:
---------------------------------------------------------------------------
18. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

            Dear Mr. Speaker: On June 30, 1972, pursuant to the 
        provisions of the Legislative Reorganization Act of 1946, as 
        amended (2 U.S.C. 75-1(a)), you appointed me to act and to 
        exercise temporarily the duties of Sergeant at Arms of the 
        House of Representatives effective July 1, 1972.
            Since the Democratic Caucus has nominated a candidate for 
        the Office of Sergeant at Arms, I hereby tender my resignation 
        effective midnight September 30, 1972.
            In my leave-taking, I want to thank you, Members of the 
        House, and to say that words cannot adequately express my 
        feelings of gratitude and fulfillment for the privilege that 
        has been mine to serve the House of Representatives as Sergeant 
        at Arms.
              Sincerely,
                                          Zeake W. Johnson, Jr.,
                                                 Sergeant at Arms.

Sec. 22.4 The Speaker appointed an acting Chaplain following the death 
    of the incumbent.

    On Mar. 14, 1966,(19~) the Speaker, John W. McCormack, 
of Massachusetts, pursuant to 2 USC Sec. 75a-1(a), appointed Rev. 
Edward Gardiner Latch, D.D., L.H.D., to

[[Page 619]]

act as and exercise temporarily the duties of the Chaplain of the House 
of Representatives following the death of the Chaplain of the House, 
Rev. Bernard Braskamp.
---------------------------------------------------------------------------
19. Cong. Rec. 5712, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

    Rev. Latch served as acting Chaplain until the end of the 89th 
Congress.(20)
---------------------------------------------------------------------------
20. See Sec. 16.9, supra, for the election of Rev. Latch as Chaplain.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                    D. AS PARTY DEFENDANT OR WITNESS
 
Sec. 23. In General; Immunities


    This division focuses on the liability to suit or to judicial 
process of House officials or employees for acts committed by them in 
the performance of their duties for the House. Immunity arising under 
the Speech or Debate Clause of the U.S. Constitution (art. I, Sec. 6) 
is discussed. Court opinions dealing with aides of individual 
legislators(1) and committee employees(2) are 
also taken up here.(3)
---------------------------------------------------------------------------
 1. See Gravel v United States, 408 U.S. 606 (1972), for example, which 
        is discussed at Sec. 23.13, infra. See also Ch. 7, infra, for a 
        discussion of litigation involving Members generally.
 2. Dombrowski v Eastland, 387 U.S. 82 (1967), Stamler v Willis, 415 
        F2d 1365 (7th Cir. 1969); cert. den. 399 U.S. 929 (1970), and 
        Doe v McMillan, 412 U.S. 306 (1973), which are discussed at 
        Sec. Sec. 23.10, infra, 23.12, infra, and 23.14, infra, 
        respectively.
 3. See Ch. 11, which includes a discussion of the privilege of the 
        House as related to subpenas served on Members or on House 
        officers or employees.
---------------------------------------------------------------------------

    In the exercise of official duties, an officer of the House may 
become involved in litigation by receiving a summons to appear as a 
party defendant,(4) in which case he informs the 
Speaker,(5) and may request legal representation by the 
United States Attorney for the district in which the action is 
brought.(6) Or he may receive a

[[Page 620]]

subpena to appear and testify as a witness (subpena ad testificandum) 
or to produce records (subpena duces tecum), in which case he informs 
the Speaker who lays the matter before the House,(7) which 
may grant leave for the withdrawal of papers from its 
files.(8)
---------------------------------------------------------------------------
 4. See the reports of the Joint Committee on Congressional Operations 
        Identifying Court Proceedings and Actions of Vital Interest to 
        the Congress, for the record of legal actions involving House 
        officers, beginning with the first cumulative report dated Oct. 
        20, 1971.
 5. See Sec. Sec. 23.1 and 23.2 infra, for precedents relating to 
        receiving a summons and notifying the Speaker.
 6. See USC Sec. 118.
            See Sec. Sec. 93.3, infra, and 23.5, infra, for examples of 
        requests for representation from the Clerk and the Sergeant at 
        Arms, respectively.
            Compare Sec. 23.6, infra, for an instance in which the 
        House by resolution authorized the Speaker to appoint and fix 
        the compensation of special counsel to represent officers, 
        Members, and the House in Powell v McCormack.
 7. See Sec. Sec. 23.7-23.9, infra, for precedents relating to 
        receiving subpenas and notifying the Speaker.
 8. Rule XXXVII, House Rules and Manual Sec. 933 (1973).
---------------------------------------------------------------------------

    At one time, immunity from suit under the Speech or Debate Clause 
was considered to be broader for Members of Congress than for 
nonmembers who acted on their behalf, including officers of legislative 
bodies, staff personnel of committees, and aides to individual Members. 
For example, in Kilbourn v Thompson, 103 U.S. 168 (1881),(9) 
the U.S. Supreme Court held that although damages for false 
imprisonment could not be recovered in that case against Members of the 
House, they could be recovered against the Sergeant at Arms, who 
executed an arrest warrant pursuant to a resolution found to be an 
unconstitutional exercise of judicial authority by a legislative body. 
Likewise in Dombrowski v Eastland, 387 U.S. 82 (1967)(10) a 
criminal suit was dismissed as to a Senate subcommittee chairman, but 
remanded for a finding of facts on alleged illegal activities by the 
subcommittee counsel.
---------------------------------------------------------------------------
 9. See 2 Hinds' Precedents Sec. 1611, for a discussion of Kilbourn v 
        Thompson.
10. See Sec. 23.10, infra.
            Collateral reference: Dombrowski v Eastland Id--A Political 
        Compromise and Its Impact. 22 Rutgers Law Review 1.27 (Fall 
        1967).
---------------------------------------------------------------------------

    This double standard was applied in Powell v McCormack, 395 U.S. 
606 (1969),(11) in which the Court dismissed a suit for 
declaratory, injunctive, and mandatory relief as to Members, but held 
that the Clerk, Sergeant at Arms, and Doorkeeper of the House could be 
held liable for refusal to perform services for a Member-elect who had 
been excluded from the office by an unconstitutional resolution. In 
Stamler v Willis, 415 F2d 1365 (7th Cir. 1969), cert. den. 399 U.S. 929 
(1970),(12) a suit against members of a House committee, a 
lower federal court on its own motion granted plaintiffs leave to amend 
their complaint to include committee personnel to

[[Page 621]]

ensure that adequate relief could be obtained. At the same time, the 
Court dismissed the action as to the Members on the ground that their 
activities were protected by the Speech or Debate Clause.
---------------------------------------------------------------------------
11. See Sec. 23.11, infra.
12. See Sec. 23.12, infra.
---------------------------------------------------------------------------

    The practice of recognizing greater immunity for Members than their 
agents was modified in Gravel v United States, 408 U.S. 606 
(1972),(13) a criminal action which arose when an aide to 
the Senator who publicized the contents of the Pentagon Papers refused 
to respond to a subpena to appear before a grand jury and answer 
questions relating to assistance given by him to the Senator. 
Intervening to quash the subpena, the Senator contended that requiring 
the aide to testify about such assistance would violate the Senator's 
privilege under the Speech or Debate Clause. Adopting the position of 
the Senate, which filed a friend of the court brief and argued the 
cause, the Supreme Court held that the legislative process is such as 
to make the work of an aide so critical that he must be treated as a 
Member's alter ego to avoid frustration of the central purpose of the 
constitutional immunity. The Court ruled that ``the Speech or Debate 
Clause applies not only to a Member, but also to his aides insofar as 
the conduct of the latter would be protected if performed by the Member 
himself.'' One year later the Court extended the Speech or Debate 
Clause immunity, granted to aides of individual Members in Gravel, to 
committee employees. See Doe v McMillan, 412 U.S. 306 
(1973).(14)
---------------------------------------------------------------------------
13. See Sec. 23.13. infra.
14. See Sec. 23.14, infra.
            Collateral reference: Constitution of the United States of 
        America: Analysis and Interpretation, ``Privilege of Speech or 
        Debate, Congressional Employees,'' pp. 120-22, S. Doc. No. 92-
        82, 92d Cong. 2d 
        Sess.                          -------------------
---------------------------------------------------------------------------

Receipt of Summons

Sec. 23.1 When the Clerk receives a summons to appear as a party 
    defendant in a court action, he informs the Speaker who lays the 
    matter before the House.(15)
---------------------------------------------------------------------------
15. See, for example, 113 Cong. Rec. 6035, 6036, 90th Cong. 1st Sess., 
        Mar. 9, 1967 (Clerk's receipt of summons in Powell v 
        McCormack); 113 Cong. Rec. 29821, 90th Cong. 1st Sess., Oct. 
        24, 1967 (receipt of summons in Wilkinson v United States and 
        Clerk of the House of Representatives); 117 Cong. Rec. 1503, 
        1504, 92d Cong. 1st Sess., Feb. 3, 1971 (receipt of summons in 
        Eckert v House of Representatives).
---------------------------------------------------------------------------

    For example, on Oct. 24, 1967,(16) the Speaker, John W.

[[Page 622]]

McCormack, of Massachusetts, laid before the House the following 
communication from the Clerk:
---------------------------------------------------------------------------
16. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
                                                 October 19, 1967.
        Re civil action file No. 2643-1967.
        The Honorable the Speaker, House of Representatives.

            Dear Sir: By this letter I am transmitting to you a summons 
        in a civil action directed against the United States of America 
        and the Clerk of the House of Representatives of the Congress 
        of the United States.(17) I was served with this 
        petition on the 17th of October by a Deputy United States 
        Marshal. In addition to notifying you of this action in 
        accordance with 2 U.S. Code 118 a copy of this summons is being 
        forwarded to the U.S. District Attorney for the District of 
        Columbia. In accordance with the provisions of this statute I 
        am requesting the U.S. District Attorney to enter an 
        appearance, file an answer and defend this civil action. 
        Additionally I am notifying the Attorney General of the United 
        States that this suit has been filed against me in my official 
        capacity as Clerk of the House of Representatives of the 
        Congress of the United States. Copies of these letters and 
        notification are attached hereto.
---------------------------------------------------------------------------
17. The suit referred to in the letter, Wilkinson v United States of 
        America et al., Civil Action File No. 26431967, sought 
        statutory death benefits for the daughter of a deceased House 
        employee.
---------------------------------------------------------------------------

            This summons is attached and the matter is presented for 
        such action as the House in its wisdom may see fit to take.
            Respectfully submitted.
                                              W. Pat Jennings,
                                                          Clerk,
                                    U.S. House of Representatives.

        The Speaker: Without objection, the summons and pleadings will 
    be printed in the Record.
        There was no objection.

Sec. 23.2 When the Sergeant at Arms receives a summons to appear as a 
    party defendant in a court action, he informs the Speaker who lays 
    the matter before the House.

    For example, on June 6, 1963,(18) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following 
communication from the Sergeant at Arms:
---------------------------------------------------------------------------
18. 109 Cong. Rec. 10359, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
                                                     June 6, 1963.
        Hon. John W. McCormack,
        Speaker, U.S. House of Representatives, Washington, D.C.

            Dear Mr. Speaker: I have in my official capacity as 
        Sergeant at Arms of the House of Representatives been served in 
        a civil action in the U.S. District Court for the District of 
        Columbia (civil action file No. 137163).(19) Having 
        in mind that the privileges of the House of Representatives may 
        be involved, I am bringing this matter to your attention.
---------------------------------------------------------------------------
19. Parliamentarian's Note: The civil action referred to above alleged 
        the failure of the Sergeant at Arms to withhold the salary of a 
        Member (Adam C. Powell [N.Y.]) for periods of alleged absence 
        from the House. It was dismissed with prejudice.
---------------------------------------------------------------------------

            I did, on June 5, 1963, address  letter to the Honorable 
        David C. Acheson, U. S. attorney for the District

[[Page 623]]

        of Columbia, requesting assignment of counsel to represent the 
        Sergeant at Arms as provided for in 2 United States Code 118. A 
        copy of that letter is attached hereto.
              Sincerely,
                                          Zeake W. Johnson, Jr.,
                                                 Sergeant at Arms.

Legal Representation

Sec. 23.3 When named as a party defendant in a legal action involving 
    performance of official duties, the Clerk has requested 
    representation from the United States Attorney for the district in 
    which the action was brought.

    A statute(20) provides that any officer of either House 
may request legal representation in any action involving the discharge 
of official duties. A representative illustration of one of these 
requests, a letter to the United States Attorney for the district in 
which the action was brought, was laid before the House by the Speaker, 
John W. McCormack, of Massachusetts, on Oct. 24, 1967:(1)
---------------------------------------------------------------------------
20. 2 USC Sec. 118.
 1. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.

                                                 October 19, 1967.
        Re civil action file No. 2643-1967.
        Hon. David G. Bress,
        U.S. Attorney for the District of Columbia,
        U.S. Courthouse, Washington, D.C.
            Dear Mr. Bress: I am sending you a copy of a summons in a 
        civil action that was served on me in my official capacity as 
        Clerk of the House of Representatives of the Congress of the 
        United States. This service was accomplished on October 17 by a 
        Deputy U.S. Marshal.

            In accordance with 2 U.S. Code 118 I respectfully request 
        that you enter an appearance, file an answer or take such other 
        action as you may deem necessary in defense of this suit 
        against the United States of America and the Clerk of the U.S. 
        House of Representatives of the Congress of the United States.
            This office will assist you in any way possible in 
        preparation of your answer and defense. If you have any 
        questions regarding this matter or if you need additional 
        information please contact my legal advisor, Mr. Bill 
        Hollowell.
            Respectfully submitted.

                                              W. Pat Jennings,
                                                          Clerk,
                                    U.S. House of Representatives.

Sec. 23.4 In addition to informing the United States Attorney for the 
    district in which the action was brought, an officer named as a 
    party defendant sometimes notifies the Attorney General, although 
    this latter notification is not required by statute.

    For example, on Oct. 24, 1967,(2) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following letter 
from the Clerk:
---------------------------------------------------------------------------
 2. 113 Cong. Rec. 29821, 90th Cong. 1st Sess.


[[Page 624]]


---------------------------------------------------------------------------
                                                 October 19, 1967.  
        Re civil action file No. 2643-1967.
        Hon. Ramsey Clark,
        Attorney General of the United States,
        Department of Justice, Washington, D.C.

            Dear Mr. Clark: I am sending you a copy of a summons in a 
        civil action filed against the United States of America and the 
        Clerk of the House of Representatives of the Congress of the 
        United States. I was served with this summons on October 17 by 
        a Deputy U.S. Marshal.
            In accordance with 2 U.S. Code 118 I have sent a copy of 
        this action to the U.S. District Attorney for the District of 
        Columbia requesting that he enter an appearance and defend this 
        action. Realizing that the defense of this action will be 
        conducted under the supervision and direction of the Attorney 
        General I am also sending you a copy of the summons as well as 
        a copy of the letter that I am forwarding to the U.S. District 
        Attorney.
            Respectfully submitted.
                                              W. Pat Jennings,
                                                          Clerk,
                                    U.S. House of Representatives.

Sec. 23.5 The Sergeant at Arms has requested representation of the 
    United States Attorney for the district where the action was 
    brought in a lawsuit involving his official duties.

    For example, on June 6, 1963,(3) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following 
communication requesting representation from the United States Attorney 
pursuant to 2 USC Sec. 118:
---------------------------------------------------------------------------
 3. 109 Cong. Rec. 10359, 88th Cong. 1st Sess.

                                                     June 6, 1963.
        Hon. David C. Acheson,
        U.S. Attorney for the District of Columbia, U.S. Courthouse, 
        Washington, D.C.

            Dear Mr. Acheson: I respectfully request that you assign 
        counsel to represent the Sergeant at Arms of the House of 
        Representatives, Zeake W. Johnson, Jr., in a civil action in 
        the U.S. District Court for the District of Columbia (civil 
        action file No. 1371-63) pursuant to 2 United States Code 118. 
        I was served in my official capacity, on June 4, 1963, with 
        instructions to answer the complaint within 60 days after 
        service.
            I am enclosing herewith a copy of the summons which was 
        served on me. I may add that I will be available at any time to 
        confer with any counsel that you may assign to this case.
              Very truly yours,

                                          Zeake W. Johnson, Jr.,
                                                 Sergeant at Arms.

Sec. 23.6 In an action where both Members and officers were named as 
    defendants, the House authorized the Speaker to appoint special 
    counsel to represent both groups.

    Although House officers by statute(4) may request 
representation by the United States Attorney in any action involving 
the discharge of their official duties, they did

[[Page 625]]

not exercise this authority in Powell v McCormack, 395 U.S. 606 (1967), 
a suit where both officers and Members were named as defendants. 
Instead, they were represented by special counsel appointed by the 
Speaker and paid out of the contingent fund.(5~)
---------------------------------------------------------------------------
 4. 2 USC Sec. 118.
            See Sec. 23.3, supra, for a discussion of the procedure for 
        requesting representation by the United States Attorney.
 5. See 2 Hinds' Precedents Sec. 1611, n. 1, for references to other 
        instances in which the House by resolution authorized an 
        officer (the Sergeant at Arms) to retain counsel in a legal 
        action (Kilbourn v Thompson, 103 U.S. 168 [1881]). These 
        resolutions were passed prior to passage of 2 USC Sec. 118.
---------------------------------------------------------------------------

    Thus, on Mar. 9, 1967, in the 90th Congress,(6~) Mr. 
Hale Boggs, of Louisiana, offered and the House adopted House 
Resolution 376. The proceedings were as follows:
---------------------------------------------------------------------------
 6. See 113 Cong. Rec. 6040 et seq., 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Boggs: Mr. Speaker, I rise to a question of the privilege 
    of the House, and offer a resolution (H. Res. 376) which I send to 
    the Clerk's desk.
        The Speaker [John W. McCormack, of Massachusetts]: The 
    gentleman submits a resolution relating to the privilege of the 
    House, which the Clerk will report.
        The Clerk read as follows:

                                H. Res. 376

            Whereas Adam Clayton Powell, Jr., et al., on March 8, 1967, 
        filed a suit in the United States District Court for the 
        District of Columbia, naming as defendants certain Members and 
        officers of the House of Representatives, and contesting 
        certain actions of the House of Representatives; and
            Whereas this suit raises questions concerning the rights 
        and privileges of the House of Representatives, the separation 
        of powers between the legislative and judicial branches of the 
        Government and fundamental constitutional issues: Now, 
        therefore, be it
            Resolved, That the Speaker of the House of Representatives 
        of the United States is hereby authorized to appoint and fix 
        the compensation of such special counsel as he may deem 
        necessary to represent the House of Representatives, its 
        Members and officers named as defendants, in the suit filed by 
        Adam Clayton Powell, Jr., et al. in the United States District 
        Court for the District of Columbia, as well as in any similar 
        or related proceeding brought in any court of the United 
        States; and be it further
            Resolved, That any expenses incurred pursuant to these 
        resolutions, including the compensation of such special counsel 
        and any costs incurred thereby, shall be paid from the 
        contingent fund of the House on vouchers authorized and signed 
        by the Speaker of the House of Representatives and approved by 
        the Committee on House Administration; and be it further
            Resolved, That the Clerk of the House of Representatives 
        transmit a copy of these resolutions to the aforementioned 
        court and to any other court in which related legal proceedings 
        may be brought.

    The resolution was agreed to. And on Feb. 17, 1969, in the 91st 
Congress(7) it was continued in ef

[[Page 626]]

fect when a Member, Carl Albert, of Oklahoma, offered and the House-
adopted the resolution (H. Res. 243) below.:
---------------------------------------------------------------------------
 7. 116 Cong. Rec. 3359, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, I offer a privileged resolution (H. 
    Res. 243) and ask for its immediate consideration.
        The Clerk read the resolution as follows:

                                H. Res. 243

            Resolved, That the provisions of House Resolution 376, 
        Ninetieth Congress, are hereby continued in effect during the 
        Ninety-first Congress; and be it further
            Resolved, That the Clerk of the House of Representatives 
        transmit a copy of this resolution to the Supreme Court of the 
        United States and to any other court in which related legal 
        proceedings may be pending or brought.

Receipt of Subpena

Sec. 23.7 When the Sergeant at Arms receives a subpena, he informs the 
    Speaker who lays the matter before the House.

    In his capacity as custodian of Members' bank accounts, payroll and 
other information pertaining to Members,(8) the Sergeant at 
Arms sometimes receives subpenas to appear before or present documents 
to grand juries and courts. Upon receipt of a subpena, he sends a copy 
of it with a covering letter to the Speaker who lays them before the 
House,(9) which then considers whether a response to the 
subpena should be authorized.(10)
---------------------------------------------------------------------------
 8. See summary of Sec. 19, supra, for discussion of duties of the 
        Sergeant at Arms.
 9. See for example, 99 Cong. Rec. 5523, 5524, 83d Cong. 1st Sess., May 
        25, 1953 (notice of a subpena duces tecum to appear before a 
        grand jury empaneled to investigate possible violations of 18 
        USC Sec. 1001 by Ernest King Bramblett); 100 Cong Rec. 1162, 
        83d Cong. 2d Sess., Feb. 2, 1954 (notice of a subpena ad 
        testificandum to appear as a witness in U.S. v Ernest King 
        Bramblett [No. 971-53, criminal docket]); 106 Cong. Rec. 4393, 
        86th Cong. 2d Sess., Mar. 3, 1960 (notice of a subpena ad 
        testificandum to appear as a witness in U.S. v Adam Clayton 
        Powell [No. 35-208]); 111 Cong. Rec. 5284, 5285, 89th Cong. 1st 
        Sess., Mar. 18, 1965 (notice of a subpena duces tecum to appear 
        before a grand jury in People of the State of New York v Adam 
        Clayton Powell); 111 Cong. Rec. 16529, 89th Cong. 1st Sess., 
        July 13, 1965 (notice of a subpena ad testificandum to appear 
        as a witness in U.S. v Ernestine Washington, et al. [crim. 
        cases U.S. 5379-65 and U.S. 5380-65]); 113 Cong. Rec. 17561, 
        17562, 90th Cong. 1st Sess., June 27, 1967 (notice of a subpena 
        duces tecum to appear before a grand jury in U.S. v In re 
        Possible Violations of 18 USC Sections 201, 287, 371, 641, and 
        1001 [concerning Adam Clayton Powell]).
10. See Rule XXXVII, House Rules and Manual Sec. 933 (1973), which 
        provides that no document presented to the House shall be 
        withdrawn without its leave.

---------------------------------------------------------------------------

[[Page 627]]

    For example, on July 1.3, 1965,(11) the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following letter 
from the Sergeant at Arms, Zeake W. Johnson, Jr., who had received a 
subpena ad testificandum to appear as a witness in United States v 
Ernestine Washington, et al.:
---------------------------------------------------------------------------
11. 111 Cong. Rec. 16529, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
                                                    July 13, 1965.

            Dear Mr. Speaker: I have received a subpena from the 
        District of Columbia court of general sessions, criminal 
        division, directing me as Sergeant at Arms of the House of 
        Representatives to appear as witness for the defendants.
            The rules and practice of the House of Representatives 
        indicate that the Sergeant at Arms may not, either voluntarily 
        or in obedience to a subpena appear without the consent of the 
        House being first obtained.

            The subpena in question is herewith attached and the matter 
        is presented for such action as the House in its wisdom may see 
        fit to take.
            Sincerely,

                                          Zeake W. Johnson, Jr.,
                                                 Sergeant at Arms.

    Mr. Hale Boggs, of Louisiana, offered and the House passed House 
Resolution 456, authorizing the Sergeant at Arms to appear as a 
Witness(12)
---------------------------------------------------------------------------
12. Id.
---------------------------------------------------------------------------

    Similarly, on June 27, 1967,(13), the Speaker, John W. 
McCormack, of Massachusetts, laid before the House the following letter 
from the Sergeant at Arms, Zeake W. Johnson, Jr., who had received a 
subpena duces tecum to appear and produce records before a grand jury 
empaneled to investigate alleged illegal activities by Adam Clayton 
Powell in United States v In re Possible Violations of 18 USC Sections 
201, 287, 371, 611, and 1001:
---------------------------------------------------------------------------
13. 113 Cong. Rec. 17561, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

            Dear Mr. Speaker: From the United States District Court for 
        the District of Columbia, I have received a subpena directing 
        the Sergeant at Arms or authorized representative to appear 
        before the said Court and to bring with him certain records 
        under his jurisdiction.
            The rules and practice of the House of Representatives 
        indicate that the Sergeant at Arms may not, either voluntarily 
        or in obedience to a subpena duces tecum, produce such papers 
        without the consent of the House being first obtained. It is 
        further indicated that he may not supply copies of certain of 
        the documents and papers requested without such consent.
            The subpena in question is therewith attached and the 
        matter is presented for such action as the House in its wisdom 
        sees fit to take.
              Sincerely,

                                          Zeake W. Johnson, Jr.,
                                                Sergearnt at Arms.

    Following presentation of this letter, Mr. Carl Albert, of Okla

[[Page 628]]

homa, offered and the House passed House Resolution 674, authorizing 
the Sergeant at Arms to appear before the grand jury, but not to take 
with him original documentary evidence, and to supply certified copies 
of evidence deemed material and relevant by the court.(14)
---------------------------------------------------------------------------
14. 113 Cong. Rec. 17561, 90th Cong. 1st Sess., June 27, 1967.
---------------------------------------------------------------------------

Sec. 23.8 When the Clerk receives a subpena, he informs the Speaker who 
    lays the matter before the House.

    As custodian of House files, the Clerk sometimes receives subpenas 
to appear or present documents before courts and grand juries. He sends 
a copy: of the subpena with a covering letter to the Speaker who lays 
the matter before the House,(15) which then con

[[Page 629]]

siders whether it should permit the Clerk to answer the 
subpena.(16)
---------------------------------------------------------------------------
15. See for example, 76 Cong. Rec. 5581, 72d Cong. 2d Sess., Mar. 3, 
        1933 (notice of receipt of subpena duces tecum referred to 
        Judiciary Committee); 94 Cong. Rec. 2266, 80th Cong. 2d Sess., 
        Mar. 5, 1948 (notice of receipt of subpena duces tecum in U.S. 
        v Marshall); 94 Cong. Rec. 5066, 5067, 80th Cong. 2d Sess., 
        Apr. 29, 1948 (notice of receipt of subpena duces tecum in 
        contempt cases; see also p. 5161, Apr. 30, 1948, for memorandum 
        on Clerk's immunity in responding to a subpena duces tecum); 94 
        Cong. Rec. 5432, 80th Cong. 2d Sess., May 6, 1948 (notice of 
        receipt of a subpena duces tecum in U.S. v Albert Maltz); 96 
        Cong. Rec. 565, 81st Cong. 2d Sess., Jan. 18, 1950 (notice of 
        receipt of a subpena duces tecum in U.S. v Christoffel); 96 
        Cong. Rec. 1695, 81st Cong. 2d Sess., Feb. 8, 1950 (notice of 
        receipt of subpena duces tecum for minutes of an executive 
        session of a committee in U.S. v Christoffel; see also p. 1765, 
        Feb. 13, 1950, for resolution adopted by the Judiciary 
        Committee in response to this subpena duces tecum); 97 Cong. 
        Rec. 3403, 3404, 82d Cong. 1st Sess., Apr. 6, 1951 (notices of 
        receipt of subpenas duces tecum in U.S. v Patterson and U.S. v 
        Kamp); 97 Cong. Rec. 3800, Apr. 12, 1951 (notice of receipt of 
        subpena duces tecum in U.S. v Brehm); 104 Cong. Rec. 7262, 
        7263, 85th Cong. 2d Sess., Apr. 24, 1958 (notice of receipt of 
        subpena duces tecum from a superior court in North Carolina); 
        104 Cong. Rec. 7636, 85th Cong. 2d Sess., Apr. 29, 1958 (notice 
        of receipt of subpena duces tecum to appear before a grand jury 
        investigating alleged violations of 26 USC Sec. 145(b) by 
        Representative Adam C. Powell [N. Y.]); 113 Cong. Rec. 29374, 
        90th Cong. 1st Sess., Oct. 19, 1967 (notice of receipt of a 
        subpena ad testificandum to appear before a grand jury 
        investigating alleged violations of 18 USC Sec. Sec. 101, 201, 
        287, 371, 641, and 1505 by Representative-elect Adam Clayton 
        Powell [N.Y.]); 115 Cong. Rec. 80, 81, 91st Cong. 1st Sess., 
        Oct. 29, 1969 (notice of receipt of a subpena duces tecum to 
        produce records required by the Corrupt Practices Act before a 
        grand jury investigating activities of the Seafarer's Political 
        Activities Donations Committee); 117 Cong. Rec. 2744, 92d Cong. 
        1st Sess., Feb. 17, 1971 (notice of receipt of a subpena duces 
        tecum to appear before a general court martial and produce 
        certain executive session testimony taken by a subcommittee in 
        U.S. v Lt. William L. Calley, Jr.).
16. See Rule XXXVII, House Rules and Manual Sec. 933 (1973) which gives 
        the House authority to grant leave to remove paper from House 
        files. Jefferson's Manual, House Rules and Manual Sec. 352 
        (1973) provides that the Clerk should allow no documents to be 
        taken from his custody.
---------------------------------------------------------------------------

    For example, on Jan. 16, 1968,(17) the Clerk, W. Pat 
Jennings, who had received a subpena to appear and present original 
House records before a federal grand jury empaneled to investigate 
alleged violations of law by Member-elect Adam Clayton Powell, notified 
the Speaker, John W. McCormack, of Massachusetts, who laid before the 
House the following letter:
---------------------------------------------------------------------------
17. 114 Cong. Rec. 80, 81, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
                                                  January 9, 1968.
        The Honorable the Speaker,
        House of Representatives.

            Dear Sir: On this date I, W. Pat Jennings, Clerk of the 
        United States House of Representatives and the Honorable Zeake 
        W. Johnson, Jr., Sergeant at Arms of the United States House of 
        Representatives were served with subpenas issued under the 
        authority of the United States District Court for the District 
        of Columbia. These subpenas direct that Mr. Johnson and myself, 
        as officers of the United States House of Representatives 
        produce documents, papers and records belonging to the United 
        States House of Representatives. The subpenas were issued in 
        connection with a Grand Jury investigation of possible 
        violations of Title 18 U.S. Code, Sections 201, 287, 371, 641, 
        1001 and 1505. It is noted that these subpenas command our 
        appearance and production of the House records mentioned 
        therein on Thursday the 18th of January 1968 at 10:00 a.m. The 
        subpenas themselves outline the House records that we were 
        requested to produce.
            The rules and practices of the House of Representatives 
        indicate that no official of the House may, either voluntarily 
        or in obedience to a subpena duces tecum, produce such papers 
        without the consent of the House being first obtained.
            The subpenas in question are herewith attached, and this 
        matter is presented for such action as the House may deem 
        appropriate.
             Sincerely yours,

                                                W. Pat Jennings,
                             Clerk, U.S. House of Representatives.

    Following presentation of this letter, Mr. Hale Boggs, of 
Louisiana, offered and the House passed House Resolution 1022, 
authorizing the Clerk and Sergeant at Arms to appear and deliver 
original House documents to the grand jury.(18)
---------------------------------------------------------------------------
18. 114 Cong. Rec. 80, 81, 90th Cong. 2d Sess., Jan. 16, 1968.

---------------------------------------------------------------------------

[[Page 630]]

Sec. 23.9 The Doorkeeper reports receipt of a subpena duces tecum to 
    the Speaker, who lays the matter before the House.

    On Apr. 13, 1961,(19) the Speaker, Sam Rayburn, of 
Texas, laid before the House the following communication, which was 
read by the Clerk:
---------------------------------------------------------------------------
19. 107 Cong. Rec. 5851, 87th Cong. 1st Sess.

                                     Office of the Doorkeeper,
                                       House of Representatives,
                                 Washington, D.C., April 13, 1961.
        Hon. Sam Rayburn,
        U.S. House of Representatives,
        Washington, D.C.

            Dear Sir: As Doorkeeper of the House of Representatives, I 
        have received a subpena from the U.S. District Court for the 
        District of Columbia to appear regarding the case of Claude 
        Anderson Taylor (criminal case No. 965-60).
            The subpena directed me to appear before said court as a 
        witness in the case and to bring with me certain and sundry 
        papers therein described in the House of Representatives.
            Since the development of this case has extended into the 
        87th Congress, and it is well recognized that each House 
        controls its own papers, this matter is presented for such 
        action as the House, in its wisdom, may see fit to take.
              Respectfully yours,

                                                  Wm. M. Miller,
                             Doorkeeper, House of Representatives.

    Mr. John W. McCormack, of Massachusetts, offered and the House 
passed House Resolution 256 authorizing the Doorkeeper to appear before 
the court but not take with him any papers or documents on file in his 
office or under his control or in possession or control of the House of 
Representatives, except those documents which the court determines to 
be material and relevant.(20)
---------------------------------------------------------------------------
20. 107 Cong. Rec. 5852, 87th Cong. 1st Sess., Apr. 13, 1961.
---------------------------------------------------------------------------

Immunities of Officers and Employees; Dombrowski v Eastlard

Sec. 23.10 The Speech or Debate Clause of the U.S. Constitution (art. 
    I, Sec. 6) does not immunize a committee counsel from civil 
    liability for tortious conduct, and such an action will not be 
    dismissed when there is substantial testimony regarding his alleged 
    participation in unconstitutional activity.

    In Dombrowski v Eastland, 387 U.S. 82 (1967), a suit alleging that 
the Chairman and Counsel of the Subcommittee on Internal Security of 
the Senate Judiciary Committee tortiously participated in a conspiracy 
to seize petitioners' property and records in violation of the fourth 
amendment, the Supreme Court dismissed the action as to the Chairman, 
but remanded

[[Page 631]]

it for a finding of facts of alleged illegal activity by the Counsel. A 
significant consideration was the Court's interpretation of the state 
of the law at that time, that immunity under the Speech or Debate 
Clause was ``less absolute, although applicable, when applied to 
officers or employees, rather than to legislators themselves,'' and 
that, when applied to a legislator, the clause ``deserves greater 
respect than where an official acting on behalf of the legislator is 
sued.''

    The Court also noted that the record showed no involvement by the 
Chairman ``in any activity that could result in liability,'' whereas it 
revealed ``controverted evidence . . . which afford[ed] more than 
merely colorable substance to petitioners assertions . . . sufficient 
to entitle petitioners to go to trial'' as to the 
Counsel.(1)
---------------------------------------------------------------------------
 1. Dombrowski v Eastland, 387 U.S. 82, 84 (1967).
---------------------------------------------------------------------------

Powell v McCormack

Sec. 23.11 An officer who executes an order pursuant to a House 
    resolution held to be unconstitutional is not immune from suit.

    In Powell v McCormack, 395 U.S. 486 (1969),(2) a civil 
action for declaratory and injunctive relief, the Clerk, Sergeant at 
Arms, and Doorkeeper of the House, along with several Members, were 
sued individually and in their Representative capacities for executing 
House Resolution 278, which denied administration of the oath to the 
plaintiff, Adam C. Powell, a Member-elect from New York, in the 90th 
Congress.(3)
---------------------------------------------------------------------------
 2. See 115 Cong. Rec. 17326-42, 91st Cong. 1st Sess., June 25, 1969, 
        for full text of the Court's opinion. See also 113 Cong. Rec. 
        8729-62, 90th Cong. 1st Sess., Apr. 10, 1967, for memoranda of 
        counsel.
 3. See 113 Cong. Rec. 4997 et seq., 90th Cong. 1st Sess., Mar. 1, 
        1967, for the text of H. Res. 278 providing for imposition of a 
        fine, and for the text of amendment providing for exclusion of 
        Mr. Powell.
---------------------------------------------------------------------------

    The complaint in Powell alleged as actionable the Clerk's threat to 
refuse to perform for the plaintiff those services to which a duly 
elected Member was entitled, the Sergeant at Arms' refusal and threat 
to continue to refuse to pay salary and other moneys to which a duly 
elected Member was entitled, and the Doorkeeper's refusal and threat to 
continue to refuse to admit the plaintiff to the Hall of the 
House.(4) The complaint ex

[[Page 632]]

pressly stated that these refusals by the respective officers were made 
``under color of the authority and mandate of House Resolution 278.'' 
The Supreme Court dismissed the action against the Members without 
determining whether they would be immune,(5) and held that 
the naming of the House officers provided a sufficient basis for 
judicial review.(6)
---------------------------------------------------------------------------
 4. Powell v McCormack, 395 U.S. 486, 493 (1969). The resolution of 
        exclusion [H. Res. 278], appearing in 113 Cong. Rec. 6036-39, 
        90th Cong. 1st Sess., Mar. 9, 1967, neither expressly ordered 
        the officers to refuse to pay or perform services for Powell 
        nor provided that he should no longer be entitled to the salary 
        and perquisites of office. Nonetheless, these refusals were 
        implied because the resolution excluded him from membership in 
        the 90th Congress.
 5. See Chs. 7 and 12, infra, for discussion of this case as it relates 
        to Members.
 6. See Powell v McCormack, 395 U.S. 486, 506 (1969).
---------------------------------------------------------------------------

    In finding that Congress was not authorized to exclude a Member-
elect who met the constitutional qualifications of age, inhabitancy, 
and citizenship, a finding which rendered unconstitutional House 
Resolution 278 of the 90th Congress, the Court held, ``That House 
employees are acting pursuant to express orders of the House does not 
bar judicial review . . .''(7) and ``. . . petitioners are 
entitled to maintain their action against House employees and to 
judicial review of the propriety of the decision to exclude petitioner 
Powell.(8) The Court also indicated that Powell could sue 
the Sergeant at Arms to determine entitlement to mandatory relief for 
salary withheld pursuant to an unconstitutional House 
resolution.(9)
---------------------------------------------------------------------------
 7. Powell v McCormack, 395 U.S. 486, 504 (1969).
 8. Powell v McCormack, 395 U.S. 486, 506 (1969).
 9. Powell v McCormack, 395 U.S. 486, 500, n. 16 (1969).
---------------------------------------------------------------------------

    In reaching these conclusions, the Court relied on Kilburn v 
Thompson, 103 U.S. 168 (1881),(10) which allowed a 
contumacious witness, Hallet Kilbourn, to bring an action for false 
imprisonment against John G. Thompson, the Sergeant at Arms of the 
House, who had executed the warrant for Kilbourn's arrest pursuant to a 
House resolution which the Court found to be an unconstitutional 
exercise of a judicial function by a legislative body. In Kilboun, the 
Court first articulated the doctrine that, although an action against a 
Congressman may be barred by the Speech or Debate Clause, legislative 
employees who participate in an unconstitutional activity are 
responsible for their

[[Page 633]]

acts.(11)  Kilbourn eventually recovered 
$20,000.(12~)
---------------------------------------------------------------------------
10. See 2 Hinds' Precedents Sec. 1612, for a discussion of Kilbourn.
11. See Powell v McCormack, 395 U.S. 486, 504, 505 (1969), stating 
        that, in Kilbourn,'' the Sergeant at Arms was held liable for 
        false imprisonment even though he did nothing more than execute 
        the House Resolution that Kilbourn be arrested and 
        imprisoned.''
12. Kilbourn v Thompson, 11 McArth. & M. 401, 432 (Sup. Ct. D.C. 1883). 
        The 48th Congress appropriated $20,000 to pay Kilbourn directly 
        for the judgment against Thompson (see 23 Stat. 467, Mar. 3, 
        1885).
---------------------------------------------------------------------------

    The Court in Powell concluded that the factual situation did not 
fall within the scope of the Speech or Debate Clause, the purpose of 
which is ``. . . to insure that legislators are not distracted from or 
hindered in the performance of their legislative tasks by being called 
into court to defend their actions.(13)
---------------------------------------------------------------------------
13. ``A legislator is no more or no less hindered or distracted by 
        litigation against a legislative employee calling into question 
        the employee's affirmative action than he would be by the 
        employee's failure to act. Nor is the distraction or hindrance 
        increased because the litigation questions action taken by the 
        employee within rather than without the House. Freedom of 
        legislative activity and the purposes of the Speech or Debate 
        Clause are fully protected if legislators are relieved of the 
        burden of defending themselves.'' Powell v McCormack, 395 U.S. 
        486, 505 (1969).
---------------------------------------------------------------------------

Stamler v Willis

Sec. 23.12 Leave to join legislative employees as additional parties 
    defendant may be granted following the dismissal, under the Speech 
    or Debate Clause, of an action against various Members and 
    officials to declare unconstitutional a House rule and to enjoin 
    enforcement of a committee contempt citation.

    In Stamler v Willis, 415 F2d 1365 (7th Cir. 1969); cert. den. 399 
U.S. 929 (1970),(14) persons who were being prosecuted for 
contempt of Congress filed suit to declare Rule XI of the House rules 
violative of the first amendment and to enjoin enforcement of the 
contempt citation of the Committee on UnAmerican Activities. The named 
defendants were certain Members of the House, and two prosecuting 
officials, the Attorney General of the United States and the United 
States Attorney for the Northern District of Illinois. The district 
court dismissed the complaint under the Speech or Debate Clause as to 
the Members and, without considering

[[Page 634]]

whether this immunity applied to executive officials, held that the 
action against the Attorney General and United States Attorney, being 
``ancillary to the claims against the Congressional defendants,'' must 
also be dismissed.(15)
---------------------------------------------------------------------------
14. See also 287 F Supp 734 (N.D. Ill., 1968) for the district court 
        opinion which dismissed the action under the Speech or Debate 
        Clause as to Members of Congress.
15. Stamler v Willis, 287 F Supp 734, 739 (N.D. Ill., 1968).
---------------------------------------------------------------------------

    On appeal, the circuit court affirmed the dismissal of the 
complaint as to the Members of Congress, but reversed the dismissal as 
to the prosecuting officials, holding that they would have to defend 
their actions in court. In addition, the court on its own motion 
granted leave to amend the complaint to add additional parties 
defendant, such as committee officials, ``. . . for the sole purpose of 
making effective relief possible in this declaratory and injunctive 
action.'' The court offered this opportunity to the plaintiffs, if they 
desired to use it, because:

        . . . [I]n view of our decision to dismiss the Congressional 
    defendants from this action, it may develop that complete relief 
    cannot be accorded plaintiffs in the event that they are successful 
    on the merits unless the appropriate agents of the House committee 
    are served and joined as defendants below.(16)
---------------------------------------------------------------------------
16. Stamler v Willis, 415 F2d 1365, 1368 (7th Cir. 1969); cert. den. 
        399 U.S. 929 (1970).
---------------------------------------------------------------------------

Gravel v United States

Sec. 23.13 The Supreme Court has extended the immunity arising under 
    the Speech or Debate Clause to aides to legislators for actions 
    committed in performance of duties that are within the sphere of 
    legitimate legislative activity.

    In Gravel v United States, 408 U.S. 606 (1972), which arose out of 
a grand jury investigation of possible criminal conduct in the release 
and publication of the so called Pentagon Papers, the Supreme Court 
held, ``. . . the Speech or Debate Clause applies not only to a Member 
but also to his aides insofar as the conduct of the latter would be a 
protected legislative act if performed by the Member 
himself.''(17) The Court adopted the view argued by the 
Senate that the day-to-day work of aides and assistants in the modern 
legislative process is so critical that they must be treated as the 
legislator's alter ego; failure to recognize them as such would 
diminish and frustrate the purpose of the Speech or Debate Clause--to 
prevent intimidation of legislators by the other branches of 
government.(18) Rejecting the

[[Page 635]]

government's contention that this holding was foreclosed by Kilbourn v 
Thompson, 103 U.S. 168 (1881), Dombrowski v Eastland, 387 U.S. 82 
(1967), and Powell v McCormack, 395 U.S. 486 (1969), the Court 
observed, ``Those cases do not hold that persons other than Members of 
Congress are beyond the protection of the [Speech or Debate] Clause 
when they perform or aid in the performance of legislative 
acts.''(19)
---------------------------------------------------------------------------
17. Gravel v United States, 408 U.S. 606, 618 (1972). See Ch. 7, infra, 
        for further discussion of Gravel.
18. Id. at pp. 616, 617. The position of the Senate was presented in 
        its amicus curiae brief, which is reprinted in full in 
        ``Constitutional Immunity of Members of Congress,'' Hearings 
        Before the Joint Committee on Congressional Operations, 93d 
        Cong. 1st Sess., pp. 94-117. Senators Sam J. Ervin, Jr. (N.C.) 
        and William B. Saxbe, (Ohio) personally advocated the cause for 
        the Senate by special leave of the Supreme Court.
19. Gravel v United States, 408 U.S. 618 (1972).
---------------------------------------------------------------------------

    The immunity of an aide is viewed in Gravel as a privilege which 
the legislator may repudiate or waive; it is invocable by the aide only 
on behalf of the legislator and is confined to those services that 
would be protected if performed by the legislator 
himself.(20) The Speech or Debate Clause does not protect 
criminal conduct which threatens the security of the person or property 
of others, nor immunize a legislator or aide from testifying at trials 
or grand jury proceedings involving third-party crimes where the 
questions do not require testimony about a legislative 
act.(1) Furthermore, not all activities performed by a 
legislator and his aides are entitled to protection. The immunity may 
be invoked only as to matters that are an integral part of the 
legislative process.(2)
---------------------------------------------------------------------------
20. Gravel v United States, 408 U.S. 606, 621, 622 (1972).
 1. Id. at pp. 622, 626, the Court saying: ``. . . Article I, Sec. 6, 
        cl. 1 [the Speech or Debate Clause], as we have emphasized, 
        does not purport to confer a general exemption upon Members of 
        Congress from liability or process in criminal cases. While the 
        Speech or Debate Clause recognizes speech, voting, and other 
        legislative acts as exempt from liability that might otherwise 
        attach, it does not privilege either Senator or aide to violate 
        an otherwise valid criminal law in preparing for or 
        implementing legislative acts.''.
            See also Kilbourn v Thompson, 103 U.S. 168 (1881), which 
        held that an arrest by the Sergeant at Arms pursuant to a House 
        order found to be unconstitutional was subject to judicial 
        review.
 2. ``The heart of the clause,'' said the Court in Gravel, is ``speech 
        or debate in either House, and insofar as the clause is 
        construed to reach other matters, they must be an integral part 
        of the deliberative and communicative processes by which 
        Members participate in committee and House proceedings with 
        respect to the consideration and passage or rejection of 
        proposed legislation or with respect to other matters which the 
        Constitution places within the jurisdiction of either House.'' 
        In their dissents, Mr. Justice Brennan stated and Mr. Justice 
        Douglas implied that the majority also excluded from the 
        protected sphere of legislative activities the ``informing 
        function'' defined in Watkins v United States, 354 U.S. 178, 
        200 (1957) as ``the power of Congress to inquire into and 
        publicize corruption, maladministration or inefficiency in 
        agencies of the Government.'' The basis of their belief was the 
        majority's holding that Gravel's alleged arrangement for a 
        private publication of the Pentagon Papers was not shielded 
        from inquiry. Gravel v United States, 408 U.S. 606, 649 (1972).

---------------------------------------------------------------------------

[[Page 636]]

Doe v McMillan

Sec. 23.14 Immunity arising under the Speech or Debate Clause has been 
    extended to committee staff personnel for conduct held to be within 
    the sphere of legitimate legislative activity.

    In Doe v McMillan, 412 U.S. 306 (1973), the parents of District of 
Columbia school children, under pseudonyms, sought damages and 
declaratory and injunctive relief for invasion of privacy which 
allegedly resulted from dissemination of a report of the Special 
Subcommittee of the Committee on the District of Columbia on the D.C. 
school system,(3) which identified students by name in 
derogatory contexts. Named as defendants were, among others, the 
Chairman of the House District Committee,(4) plus its 
members, clerk, staff director, and counsel, as well as a consultant to 
that committee; the Superintendent of Documents and the Public Printer 
(officials of the Government Printing Office); officials and employees 
of the D.C. school system; and the United States.
---------------------------------------------------------------------------
 3. This report, H. Rept. No. 91-1681 (1971), which was submitted to 
        the Speaker of the House on Dec. 8, 1970, was authorized by H. 
        Res. 76 (see 115 Cong. Rec. 2784, 91st Cong. 1st Sess., Feb. 5, 
        1969), and was referred to the Committee of the Whole House on 
        the state of the Union and ordered printed (see 116 Cong. Rec. 
        40311, 91st Cong. 1st Sess., Dec. 8, 1970). It was subsequently 
        published and distributed by the Government Printing Office 
        pursuant to 44 USC Sec. Sec. 501 and 701. Doe v McMillan, 412 
        U.S. 306, 307-30X (1973).
 4. Named in the caption of the case is John L. McMillan (S.C.), who 
        was Chairman of the House District Committee at the time this 
        suit was filed and decided.
---------------------------------------------------------------------------

    The U.S. Supreme Court held that the congressional committee 
members, staff officials, and the investigator and consultant were 
absolutely immune under the

[[Page 637]]

Speech or Debate Clause.(5) The Court ruled that authorizing 
an investigation and holding hearings to gather information, preparing 
a report which contains the information, and authorizing the report's 
publication and distribution, because they are integral parts of the 
deliberative and communicative processes by which Members participate 
in the consideration of proposed legislation, are protected by the 
Speech or Debate Clause, even though potentially libelous information 
may be involved. In reaching this decision, the Court followed Gravel v 
United States, 408 U.S. 606, 618 (1972), which held that ``the Speech 
or Debate Clause applies not only to a Member but also to his aides 
insofar as the conduct of the latter would be a protected legislative 
act if performed by the Member  himself.(6)
---------------------------------------------------------------------------
 5. See Doe v McMillan, 412 U.S. 306, 312 (1973): ``. . . [I]t is plain 
        to us that the complaint in this case was barred by the Speech 
        or Debate Clause insofar as it sought relief from the 
        Congressmen-Committee Members, from the committee staff, from 
        the consultant, or from the investigator, for introducing 
        material to the Speaker of the House, and for voting for 
        publication of the report. Doubtless, also, a published report 
        may, without losing Speech or Debate Clause protection, be 
        distributed to and used for legislative purposes by Members of 
        Congress, congressional committees and institutional or 
        individual legislative functionaries. At least in these 
        respects, the actions upon which petitioners sought to 
        predicate liability were legislative acts, Gravel v United 
        States, supra, [408 U.S. 606], at p. 618 [1972], and, as such, 
        were immune from suit.''
 6. The Court in Doe v McMillan applied Speech or Debate Clause 
        immunity to committee officials and employees, citing Gravel as 
        precedent. Gravel, however, dealt only with the immunity of an 
        aide to an individual legislator. The applicability of a 
        Member's immunity to persons other than personal aides was not 
        even discussed in Gravel by way of dicta; in fact, the Court 
        expressly disclaimed the need to discuss ``issues which may 
        arise when Congress or either House, as distinguished from a 
        single Member, orders the publication and/or public 
        distribution of committee hearings, reports or other 
        materials.'' (Gravel, supra, at 626, n. 16). The extension of 
        the Gravel holding to committee staff members supports the 
        inference that the Court in a future case which raises the 
        issue would apply Speech or Debate Clause immunity to officers 
        of the House insofar as they act within the sphere of 
        legitimate legislative activity.
---------------------------------------------------------------------------

    Focusing on the applicability of Speech or Debate Clause immunity 
to the officials who disseminated the report--the Superintendent of 
Documents and the Public Printer--the Court in Doe

[[Page 638]]

v McMillan framed the issue as whether informing the public ``simply 
because authorized by Congress, must always be considered `an integral 
part of the deliberative and communicative processes by which Members 
participate in committee and House proceedings' [citing Gravel] with 
respect to legislative and other matters before the House.'' This 
question was answered in the negative. Observing that republication of 
a libel, even where the initial publication is privileged, is generally 
not protected, the Court in Doe v McMillan held that ``the 
Superintendent of Documents or the Public Printer or legislative 
personnel, who participate in distribution of actionable material 
beyond the reasonable bounds of the legislative task, enjoy no Speech 
or Debate Clause immunity.''
    The Court in Doe v McMillan limited the scope of its holding by 
saying that the Speech or Debate Clause immunity does not protect those 
who, at the direction of Congress or otherwise, distribute actionable 
material to the public at large beyond the Halls of Congress and its 
functionaries, and beyond the apparent needs of the due functioning of 
the legislative process.(7) With respect to the dismissal of 
the suit as to committee members and personnel, the Court pointed out 
they had not acted outside the sphere of legitimate legislative 
activity.
---------------------------------------------------------------------------
 7. The Court noted that it did not decide whether or under what 
        circumstances the clause would immunize distributors of 
        allegedly actionable materials from grand jury questioning, 
        criminal charges, or a suit by the executive to restrain 
        distribution, where Congress has authorized the particular 
        public distribution.
---------------------------------------------------------------------------

        It does not expressly appear from the complaint, nor is it 
    contended in this Court, that either the Members of Congress or the 
    Committee personnel did anything more than conduct the hearings, 
    prepare the report, and authorize its publication.(8)
---------------------------------------------------------------------------
 8. Doe v McMillan at p. 317. Presumably, an allegation that the 
        Members or committee personnel had participated in the public 
        dissemination of actionable material would have caused a 
        different result.

---------------------------------------------------------------------------

[[Page 639]]



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                               EMPLOYMENT
 
Sec. 24. In General


    Various House rules and statutes govern the activities and status 
of persons employed by the House.(9) Jurisdiction over the 
employment of persons by the House is by rule granted to the Committee 
on House Administration.(10)
---------------------------------------------------------------------------
 9. For example, pursuant to Rule XLI, House Rules and Manual Sec. 937 
        (1973) no person who is an agent for the prosecution of any 
        claim against the government, or who is interested in such 
        claim other than as an original claimant, may continue as an 
        employee of the House.
            The U.S. Code sets forth rules concerning the service of 
        its employees as jurors or witnesses during certain judicial 
        proceedings. 2 USC Sec. 130b.
10. Rule XI clause 9(c), House Rules and Manual Sec. 693 (1973).
---------------------------------------------------------------------------

    Those rules setting forth standards of official conduct for the 
Members(11) are also applicable to House employees. 
Additionally, those who are ``principle assistants'' to Members and 
officers are subject to the financial disclosure requirements which the 
House by rule has established.(12)
---------------------------------------------------------------------------
11. Rule XLIII clauses 1-5, House Rules and Manual Sec. 939 (1973).
12. Rule XLIV, House Rules and Manual Sec. 940 (1973). See 115 Cong. 
        Rec. 10040, 91st Cong. 1st Sess., Apr. 23, 1969, for the 
        announcement made to the House by the Chairman of the Committee 
        on Standards of Official Conduct concerning the closing date 
        for filing financial disclosure reports with the committee as 
        required by Rule XLIV.
---------------------------------------------------------------------------

    Certain categories of employment in the House are established by 
statute.(13) The qualifications of employment applicants are 
determined by the House officer under whose supervision they will 
serve, and each officer is authorized to remove or otherwise discipline 
such employees.(14)
---------------------------------------------------------------------------
13. For examples of House employee positions created by statute see: 2 
        USCA Sec. 74-2(a)(b), messengers in office of the Speaker; 2 
        USCA Sec. 74a, administrative assistants for the Speaker and 
        Majority and Minority Leaders; 2 USCA Sec. 76a, special 
        assistant in the office of the Doorkeeper; and 2 USCA 
        Sec. 123b(f), Director and employees for the House Recording 
        Studio.
14. 2 USCA Sec. 60-1 (a).
---------------------------------------------------------------------------

    Once hired, House employees must be assigned to the positions for 
which they were appointed.(15) Moreover, the practice of 
dividing House employees' salaries(16) or subletting their 
duties(17) have been prohibited by statute.(18)

[[Page 640]]

Other statutory provisions sanction the withholding from House 
employees of amounts due them if an indebtedness of an employee to the 
House remains unsatisfied.(19)
---------------------------------------------------------------------------
15. 2 USC Sec. 85.
16. 2 USC Sec. 86.
17. 2 USC Sec. Sec. 87, 101.
18. 2 USCA Sec. 130d.
19. 2 USCA Sec. 89a.
---------------------------------------------------------------------------



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                               EMPLOYMENT
 
Sec. 25. Creating Positions

Temporary Employees

Sec. 25.1 The frequent employment of personnel for brief periods places 
    an undue strain on the accounting procedures of the House; and it 
    is the announced policy of the Committee on House Administration to 
    discourage the temporary employment of personnel for periods of 
    less than a month.

    On Oct. 19, 1966,(20) Wayne L. Hays, of Ohio, Chairman 
of the Committee on House Administration, delivered the following 
remarks to the House:
---------------------------------------------------------------------------
20. 112 Cong. Rec. 27653, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Speaker, I have an announcement which I think will be of 
    general interest to all Members and of special interest to some:
        Today the House Committee on Administration passed unanimously 
    a motion ordering and directing the chairman to notify all Members 
    that, as of the 15th of November, any employee put on a Member's 
    payroll, or a committee payroll, shall not be put on for a period 
    of less than 1 month, except that, if the person put on does not 
    work out and they desire to terminate his employment in less than a 
    month, he may not reappear on the Member's payroll for a period of 
    6 months.
        Mr. Speaker, this is done to prevent what has happened to 
    excess in some committees, and I must say in some Members' offices 
    of having people on the payroll for a day or two at a time.
        This has caused an impossible situation in the Clerk's office 
    with regard to writing payroll checks. . . .

Assistants to House Officials

Sec. 25.2 Positions for assistants to House officials are created by 
    resolution.

    On Jan. 26, 1960,(1) Mr. John W. McCormack, of 
Massachusetts, presented before the House the following privileged 
resolution:
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 1323, 86th Cong. 2d Sess. For further examples of 
        resolutions creating positions for assistants to House 
        officials, see 106 Cong. Rec. 408, 86th Cong. 2d Sess., Jan. 
        13, 1960, and 104 Cong. Rec. 9758, 85th Cong. 2d Sess., May 28, 
        1958.
---------------------------------------------------------------------------

                            House Resolution 429

        Resolved by the House of Representatives, That, effective 
    February 1, 1960, there shall be paid out of the contingent fund of 
    the House, until otherwise provided by law, compensation for the 
    employment of an Assistant Superintendent in the House Periodical

[[Page 641]]

    Press Gallery, at the basic salary of $2,580 per annum.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Clerks to House Officers and Officials

Sec. 25.3 Positions for clerks to House officers and officials are 
    created by resolution.

    On Jan. 26, 1966,(2) Mr. John W. McCormack, of 
Massachusetts, obtained unanimous consent for the consideration of the 
following resolution:
---------------------------------------------------------------------------
 2. 112 Cong. Rec. 1125, 89th Cong. 2d Sess. For a further example of a 
        House resolution providing for additional clerk-hire see 105 
        Cong. Rec. 559, 86th Cong. 1st Sess., Jan. 12, 1959.
---------------------------------------------------------------------------

                                H. Res. 690

        Resolved, That effective February 1, 1966, there shall be paid 
    out of the contingent fund of the House of Representatives, until 
    otherwise provided by law, such sums as may be necessary for:
        1. Additional clerical help in the Office of the Majority 
    Leader, not to exceed $3,000 (basic) per annum.
        2. (a) An additional position in the Office of the Minority 
    Leader, the basic compensation of which shall be at a rate not to 
    exceed $2,500 per annum.
        (b) An additional position in the Office of the Majority Whip, 
    the basic compensation of which shall be at a rate not to exceed 
    $2,500 per annum.
        (c) An additional position in the Office of the Minority Whip, 
    the basic compensation of which shall be at a rate not to exceed 
    $2,500 per annum.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Messengers to House Officers and Officials

Sec. 25.4 Positions for messengers to House officers and officials are 
    created by resolution.

    On Apr. 16, 1962,(3) subsequent to the Chair's 
recognition of Mr. Carl Albert, of Oklahoma, the following proceedings 
occurred:
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 6707, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Speaker, I offer a resolution (H. Res. 603) to provide for 
    certain new positions and to increase the compensation of certain 
    employees of the House of Representatives, and ask unanimous 
    consent for its immediate consideration.

        The Speaker:(4~) Is there objection to the request 
    of the gentleman from Oklahoma?
---------------------------------------------------------------------------
 4. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        There was no objection.
        The Clerk read the resolution as follows:

            Resolved, That (a) there is hereby created in the Office of 
        the Speaker the new position of Messenger the basic 
        compensation of which shall be at the rate of $2,100 per annum, 
        and
            (b) There is hereby created in the Office of the 
        Parliamentarian the

[[Page 642]]

        new position of Clerk-Messenger the basic compensation of which 
        shall be at the rate of $3,300 per annum.
            Sec. 2. The basic compensation of each of the two positions 
        of Telephone Clerk (one minority) in the Office of the 
        Doorkeeper of the House of Representatives shall be at the rate 
        of $3,000 per annum.
            Sec. 3. The additional amounts necessary to carry out the 
        provisions of this resolution shall be paid out of the 
        contingent fund of the House of Representatives until otherwise 
        provided by law.
            Sec. 4. This resolution shall take effect May 1, 1962.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                               EMPLOYMENT
 
Sec. 26. Minority Positions

Designation of Minority Employees

Sec. 26.1 The minority employees of the House are designated by and 
    have their compensations established by House resolution.

    On Jan. 3, 1973,(5) Mr. John B. Anderson, of Illinois, 
offered and asked for the immediate consideration of the following 
resolution:
---------------------------------------------------------------------------
 5. 119 Cong. Rec. 27, 93d Cong. 1st Sess. For further illustrations of 
        House resolutions designating minority employees see 115 Cong. 
        Rec. 4070, 91st Cong. 1st Sess., Feb. 20, 1969; 115 Cong. Rec. 
        35, 91st Cong. 1st Sess., Jan. 3, 1969; 112 Cong. Rec. 28514, 
        89th Cong. 2d Sess., Oct. 21, 1966; 109 Cong. Rec. 11457, 88th 
        Cong. 1st Sess., June 25, 1963; and 108 Cong. Rec. 7073, 87th 
        Cong. 2d. Sess., Apr. 19, 1962.
---------------------------------------------------------------------------

                                 H. Res. 7

        Resolved, That pursuant to the Legislative Pay Act of 1929, as 
    amended, six minority employees authorized therein shall be the 
    following-named persons, effective January 3, 1973, until otherwise 
    ordered by the House, to-wit: Joe Bartlett and Robert T. Hartmann, 
    to receive gross compensation of $36,000.00 per annum, 
    respectively; William R. Bonsell, to receive gross compensation of 
    $35,886.89 per annum; Tommy Lee Winebrenner, to receive gross 
    compensation of $31,013.37 per annum; Walter P. Kennedy (minority 
    pair clerk), to receive gross compensation of $30,820.35 per annum; 
    and John J. Williams (Staff Director to the Minority), to receive 
    gross compensation of $36,000.00 per annum.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Establishing Position Titles

Sec. 26.2 Position titles for the minority employees of the House and 
    adjustments in their gross compensation are provided for by 
    resolution.

    On June 17, 1969,(6) Mr. Gerald R. Ford, of Michigan, 
offered and

[[Page 643]]

asked for the immediate consideration of a resolution, as follows:
---------------------------------------------------------------------------
 6. 115 Cong. Rec. 16196, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

                                H. Res. 441

        Resolution relating to the positions of certain minority 
    employees in the House of Representatives
        Resolved, That, until otherwise provided by law--(1) The six 
    positions of minority employees listed in House Resolution 8, 
    Ninety-first Congress, as supplemented by House Resolution 238, 
    Ninety-first Congress, and House Resolution 265, Ninety-first 
    Congress, are hereby given position titles in the descending order 
    in which those six positions are listed in House Resolution 8 as 
    follows:
        (A) the position title of the position listed first is ``Floor 
    Assistant to the Minority'';
        (B) the position title of the position listed second is ``Floor 
    Assistant to the Minority'';
        (C) the position title of the position listed third is ``Floor 
    Assistant to the Minority'';
        (D) the position title of the position listed fourth is ``Floor 
    Assistant to the Minority'';
        (E) the position title of the position listed fifth is ``Pair 
    Clerk to the Minority''; and
        (F) the position title of the position listed sixth is ``Staff 
    Director to the Minority''.
        (2) Appointments to each position for which a position title is 
    provided by subparagraph (1) of this section shall be made by 
    action of the House of Representatives.
        (3) The rate of pay of each position for which a position title 
    is provided by subparagraph (1) of this section shall be a per 
    annum gross rate equal to the annual rate of basic pay of Level V 
    of the Executive Schedule in section 5316 of title 5, United States 
    Code, unless a different rate is provided for such position by 
    action of the House of Representatives.
        Sec. 2. (a) The first section of this resolution shall not 
    affect or change the appointments or continuity of employment of 
    those employees who hold such positions on the date of adoption of 
    this resolution.
        (b) In accordance with the authority of the House of 
    Representatives under subparagraph (3) of the first section of this 
    resolution, the respective per annum gross rates of pay of those 
    positions for which position titles are provided by clauses (C), 
    (D), (E), and (F) of subparagraph (1) of the first section of this 
    resolution are as follows:
        (1) for the position subject to clause (C)--$29,160;
        (2) for the position subject to clause (D)--$25,200;
        (3) for the position subject to clause (E)--$28,440; and
        (4) for the position subject to subparagraph (F)--$28,080.
        Sec. 3. This resolution shall become effective as of the 
    beginning of the calendar month in which this resolution is 
    adopted.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.



 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                               EMPLOYMENT
 
Sec. 27. Compensation

    The compensation of House employees is regulated both by stat

[[Page 644]]

ute(7) and by resolution. The House by resolution has 
fixed,(8) increased,(9) or 
adjusted(10) the compensation of various employees. It has 
by resolution established salary limits(11) and authorized 
the transfer of funds to meet employee payrolls.(12) 
Employee overtime compensation has been provided for by 
resolution(13) and on occasion the House has adopted 
resolutions increasing the personnel salary allowances granted to House 
officers.(14)
---------------------------------------------------------------------------
 7. For examples of statutory provisions related to the compensation of 
        various House employees see: 2 USCA Sec. 72a-2, basic 
        compensation of employees of House and Senate press, 
        periodical, and radio galleries; 2 USCA Sec. 74a, basic 
        compensation for administrative assistants to the Speaker and 
        Majority and Minority Leaders; 2 USCA Sec. 75c, basic 
        compensation for Assistant Tally Clerks, Office of the Clerk of 
        the House; 2 USCA Sec. 7ad, basic compensation for stationery 
        clerks; 2 USCA Sec. 75e, basic compensation for employees of 
        the offices of Clerk, Doorkeeper, and Postmaster; 2 USCA 
        Sec. 76a, basic compensation for Special Assistant, Office of 
        the Doorkeeper; 2 USCA Sec. 76b, basic compensation for 
        Telephone Clerks in the Office of the Doorkeeper; and 2 USCA 
        Sec. 84-3, basic compensation for the Deputy Sergeant at Arms.
 8. See Sec. 27.1, infra.
 9. See Sec. 27.2, infra.
10. See Sec. 27.3, infra.
11. See Sec. 27.4, infra.
12. See Sec. 27.5, infra.
13. See Sec. 27.6, infra.
14. See Sec. 27.7, infra.                          -------------------
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Fixing Compensation

Sec. 27.1 A resolution from the Committee on House Administration 
    fixing the compensation of certain House employees and providing 
    for their payment from the contingent fund is reported and called 
    up as privileged.

    On Dec. 1 1970(15) Mr. Joe D. Waggonner, Jr., of 
Louisiana, at the direction of the Committee on House Administration 
submitted a privileged report(16) on and asked for the 
immediate consideration of the following resolution:
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15. 116 Cong. Rec. 39341, 91st Cong. 2d Sess. For additional examples 
        of House resolutions fixing the compensation of House employees 
        see 115 Cong. Rec. 22545, 22546, 91st Cong. 1st Sess., Aug. 6, 
        1969; and 112 Cong. Rec. 27647, 89th Cong. 2d Sess., Oct. 19, 
        1966, where the rate of compensation for several House 
        employees was established.
 16. H. Rept. No. 91-1639.
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                                H. Res. 1241

        Resolved, That (a) until otherwise provided by law and 
    effective the first day of the month which begins on or after the 
    date of adoption of this resolution, the rate of basic compensation 
    of--

[[Page 645]]

        (1) the clerk to the Official Reporters of Debates shall be 
    $6,160 per annum;
        (2) the number one assistant clerk to the Official Reporters of 
    Debates shall be $4,505 per annum; and
        (3) the number two assistant clerk to the Official Reporters of 
    Debates shall be $4,005 per annum.
        (b) Until otherwise provided by law, such amounts as may be 
    necessary to carry out subsection (a) of this resolution shall be 
    paid out of the contingent fund of the House of Representatives.

The resolution was agreed to after brief debate thereon, and a motion 
to reconsider was laid on the table.

Increasing Compensation

Sec. 27.2 The House by resolution increased the compensation of the 
    Legislative Counsel of the House to equal that of the Legislative 
    Counsel of the Senate.

    On Mar. 31, 1965,(17) Mr. Carl Albert, of Oklahoma, 
obtained unanimous consent for the consideration of the following 
resolution:
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17. 111 Cong. Rec. 6412, 89th Cong. 1st Sess. For additional examples 
        of House resolutions increasing House employee compensation see 
        102 Cong. Rec. 7362, 84th Cong. 2d Sess., May 2, 1956, where 
        the salary of the official reporters of debates was increased, 
        and 102 Cong. Rec. 6966, 84th Cong. 2d Sess., Apr. 25, 1956, 
        where the salary of certain minority employees was increased.
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                                H. Res. 312

        Resolved, That, effective April 1, 1965, the compensation of 
    the Legislative Counsel of the House of Representatives shall be at 
    a gross per annum rate which is equal to the gross per annum rate 
    of compensation of the Legislative Counsel of the Senate. The 
    additional sums necessary to carry out this resolution shall be 
    paid out of the contingent fund of the House until otherwise 
    provided by law.
        The resolution was agreed to.
        A motion to reconsider was laid on the table

Compensation Adjustments

Sec. 27.3 A resolution providing for payment from the contingent fund 
    of salary adjustments for certain House employees was reported and 
    called up as privileged by the Committee on House Administration.

    On Jan. 27, 1972,(18) Mr. Frank Thompson, Jr., of New 
Jersey, was recognized to seek consideration of the resolution shown 
below:
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18. 118 Cong. Rec. 1531, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Thompson of New Jersey: Mr. Speaker, by direction of the 
    Committee on House Administration, I call up a privileged 
    resolution (H. Res. 741) and ask for its immediate consideration.

[[Page 646]]

        The Clerk read the resolution as follows:

                                H. Res. 741

            Resolved, That until otherwise provided by law, effective 
        as of January 1, 1972, the per annum gross rate of pay of each 
        employee (except an employee who is an elected officer of the 
        House) whose pay is disbursed by the Clerk of the House and is 
        fixed at a specific rate by House resolution is increased by an 
        amount equal to 5.5 per centum of his per annum gross rate of 
        pay. No rate of pay shall be increased by reason of the 
        adoption of this resolution to an amount in excess of the rate 
        of basic pay of level V of the Executive Schedule contained in 
        section 5316 of title 5, United States Code. The contingent 
        fund of the House is made available to carry out the purposes 
        of this resolution.

        The Speaker:(19) The Clerk will report the committee 
    amendment.
---------------------------------------------------------------------------
 19. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Committee amendment: On page 1, line 4, immediately 
        following the word ``the'' strike out the word ``House'' and 
        insert ``House or who is an Official Reporter of Debates or an 
        Official Reporter to Committees.)''

        The Speaker: Without objection, the committee amendment is 
    agreed

    A reservation of the right to object being heard from Mr. Durward 
G. Hall, of Missouri, a discussion of the resolution ensued at the 
conclusion of which Mr. Thompson moved the previous question on the 
resolution. The previous question was ordered. The resolution was 
agreed to. A motion to reconsider was laid on the table.

Fixing Compensation Limits

Sec. 27.4 The House by resolution permitted the salaries of 
    administrative assistants to House leaders to be increased to the 
    maximum amount authorized under executive level five of the Federal 
    Civil Service.

    On Jan. 15, 1968,(20) Mr. Carl Albert, of Oklahoma, 
obtained unanimous consent for the consideration of a resolution as 
follows:
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20. 114 Cong. Rec. 24, 90th Cong. 2d Sess. See also 111 Cong. Rec. 
        4405, 89th Cong. 1st Sess., Mar. 9, 1965, where the House by 
        resolution raised the gross salary limits for several House 
        employees to the maximum amount permissible under the salary 
        schedule in effect for the legislative branch.
---------------------------------------------------------------------------

                                H. Res. 1015

        Resolved, effective January 1, 1968, there will be payable from 
    the contingent fund of the House of Representatives, until 
    otherwise provided by law, an amount which will permit payment of 
    basic compensation per annum, at a rate not in excess of the 
    highest amount, which, together with additional compensation 
    authorized by law, will not exceed the maximum rate authorized by 
    Level 5 of the Executive schedule by Public Law 90-206, to the 
    administrative assistant of each of the following:

[[Page 647]]

        (1) Speaker of the House.
        (2) Majority leader of the House.
        (3) Minority leader of the House.
        (4) Majority whip of the House.
        (5) Minority whip of the House.
        (6) Each Member of the House who has served as Speaker of the 
    House.
        (7) Each Member of the House who has served as majority leader 
    and minority leader of the House.

The resolution was agreed to, and a motion to reconsider was laid on 
the table.

Transferring Payroll Funds

Sec. 27.5 By resolution the House has authorized the Clerk and Sergeant 
    at Arms of the House to transfer funds from the balances available 
    to them in several accounts under their administrative control to 
    meet Members' and employee payrolls pending enactment of an 
    appropriation bill carrying funds for that purpose.

    On May 28, 1969,(1) Mr. Samuel X. Friedel, of Maryland, 
submitted a privileged report(2) relating to a resolution 
providing for the transfer of certain funds in order to meet a payroll. 
The resolution is set out below:
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 14165-67, 91st Cong. 1st Sess.
 2. H. Rept. No. 91-278.
---------------------------------------------------------------------------

                                H. Res. 425

        Resolved, That the Clerk of the House and Sergeant at Arms be 
    and is hereby directed to pay such sum as may be necessary, from 
    the balance available of the 1968 appropriation and the various 
    funds of the 1969 appropriation, where balances may be available, 
    for the House of Representatives to meet the May and June payroll 
    of Members, officers of the House, and employees of the House. 
    Moneys expended from these funds and/or appropriations by the 
    Sergeant at Arms and the Clerk will be repaid to the funds and/or 
    appropriations from the Sergeant at Arms and Clerk's supplemental 
    appropriation upon its approval.

    Following some debate on the resolution and the subsequent call of 
the House, the resolution was agreed to. A motion to reconsider was 
laid on the table.

Overtime Compensation

Sec. 27.6 A resolution providing for payment from the contingent fund 
    of overtime compensation for employees of the publications 
    distribution service (folding room) is reported and called up as 
    privileged by the Committee on House Administration.

    On Mar. 2, 1972,(3) Mr. Wayne L. Hays, of Ohio, at the 
direction of the Committee on House Ad

[[Page 648]]

ministration, called up and asked for immediate consideration of the 
following House resolution:
---------------------------------------------------------------------------
 3. 118 Cong. Rec. 6627, 92d Cong. 2d Sess. For another example see 112 
        Cong. Rec. 5993, 89th Cong. 2d Sess., Mar. 16, 1966.
---------------------------------------------------------------------------

                                H. Res. 835

        Resolved, That, notwithstanding any other provisions of law, 
    there is authorized to he paid out of the contingent fund of the 
    House of Representatives such sums as may be necessary to pay 
    compensation to each employee of the Publications Distribution 
    Service of the House of Representatives for all services performed 
    by such employee in excess of the normal workday where such 
    services are authorized by the Committee on House Administration. 
    Such compensation shall he paid on an hourly basis at a rate equal 
    to the rate of compensation otherwise paid to such employees.
        This resolution shall take effect on its adoption and payments 
    made under this resolution shall be terminated as the Committee on 
    House Administration determines necessary.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Increasing Personnel Salary Allowances

Sec. 27.7 A resolution from the Committee on House Administration 
    providing for payment from the contingent fund of compensation to 
    employees in the Speaker's office was reported and called up as 
    privileged.

    On July 22, 1971,(4) Mr. Wayne L. Hays, of Ohio, at the 
direction of the Committee on House Administration, submitted a 
privileged report(5) relating to the use of the contingent 
fund of the House to pay certain salaries, and sought immediate 
consideration of the resolution shown below:
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 26652, 92d Cong. 1st Sess. For a further example see 
        108 Cong. Rec. 8, 87th Cong. 2d Sess., Jan. 10, 1962.
 5. H. Rept. No. 92-373.
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                            House Resolution 533

        Resolved, That, until otherwise provided by law, effective as 
    of July 1, 1971, in addition to all other amounts provided by other 
    provisions of law, there shall he paid out of the contingent fund 
    of the House for compensation of the officers and employees of the 
    Office of the Speaker of the House the sum of $50,000.

    Debate on the resolution ensued, at the conclusion of which the 
previous question on the resolution was moved and ordered. The question 
was taken and the resolution agreed to. A motion to reconsider was laid 
on the table.

Presentation of Salary Comparability

Sec. 27.8 The Speaker laid before the House a directive implementing 
    the salary comparability policy established

[[Page 649]]

    by the Federal Salary Act of 1967 for House officers and employees.

    On June 17, 1969,(6) the Speaker(7) laid 
before 'the House a message from the President, transmitting the 
President's annual report on salary comparability and his directive 
implementing certain salary adjustments in the executive branch of 
government. Upon the receipt of the President's report, the Speaker 
laid before the House his directive, including a schedule of per annum 
compensation rates for House employees, which implemented the salary 
comparability policy established by the Federal Salary Act of 
1967.(8)
---------------------------------------------------------------------------
 6. 115 Cong. Rec. 16195, 16196, 91st Cong. 1st Sess. See also 114 
        Cong. Rec. 16717, 90th Cong. 2d Sess., June 11, 1968, for the 
        presentation of a similar directive.
 7. John W. McCormack (Mass.).
 8. Pub. L. No. 90-206.
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Announcing Statutory Salary Adjustments

Sec. 27.9 Adjustments in the House employees' wage schedule are 
    sometimes announced by the Chairman of the Committee on House 
    Administration.

    On Jan. 27, 1966,(9) Mr. Omar T. Burleson, of Texas (at 
the request of Mr. Lynn E. Stalbaum, of Wisconsin), pursuant to a grant 
of permission to extend his remarks in the Record, announced and 
submitted tables reflecting adjustments provided for by public law 
(10) in the schedule of per annum compensation rates 
applicable to House employees.
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 9. 112 Cong. Rec. 1399, 89th Cong. 2d Sess.
10. Pub. L. No. 89-301.
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