[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-35]
[Page 615-624]
[[Page 615]]
OFFICERS
Sec. 1. House Officers; Elections
Sec. 2. Removal From Office
Sec. 3. The Speaker
Sec. 4. -- Jurisdiction and Duties; Rulings
Sec. 5. -- Paticipation in Debate and Voting
Sec. 6. The Speaker Pro Tempore
Sec. 7. -- Powers and Functions
Sec. 8. -- Term of Office
Sec. 9. Other House Officers
Sec. 10. -- Vacancies
Research References
1 Hinds Secs. 186-283
2 Hinds Secs. 1307-1418
6 Cannon Secs. 23-37, 247-282
1 Deschler Ch 6 Secs. 1-22
Manual Secs. 428, 621-635, 650-653, 861
Sec. 1 . House Officers; Elections
In General
The Constitution directs that the House choose its Speaker and
other officers. U.S. Const. art. I Sec. 2. The ``other officers'' not
specified by title in the Constitution have carried various titles.
Currently, they are the Clerk, Sergeant at Arms, Chief Administrative
Officer, and Chaplain. Manual Sec. 635. Of these, only the Speaker has
traditionally been chosen from the sitting membership of the House.
Manual Sec. 26. The Constitution does not limit his selection from
among that class, but the practice has been invariably followed. The
Speaker's term of office thus expires at the end of his term of office
as a Member, whereas the other House officers continue in office until
their successors are chosen and qualified. 1 Hinds Sec. 187.
In the 102d Congress, the position of the Postmaster, for many
years an elected officer of the House, was eliminated with the
adoption of the House Administrative Reform Resolution. Manual
Sec. 654a. The Doorkeeper of the House, formerly an elective officer
of the House, was not reestab-
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lished when the rules were adopted for the 104th Congress (Manual
Sec. 651d), the responsibilities of that position being transferred to
the Sergeant at Arms.
There are other offices established in the rules of the House or
by statute. Persons are appointed, not elected to these offices. Rule
I contains authority for the offices the General Counsel (clause 11)
and for an Historian (clause 10). Rule VI describes the duties of the
Inspector General. The duties and appointing authority for the
positions of Parliamentarian, Legislative Counsel and Law Revision
Counsel are carried in law. See Manual Secs. 992, 996.
Election of Speaker
Under the modern practice, the Speaker is elected by viva voce
vote on a roll call by a majority of those present (1 Hinds Sec. 204;
Manual Sec. 27). The Clerk appoints tellers for this election but the
House, and not the Clerk, decides by what method it shall elect. 1
Hinds Sec. 210. The motion to proceed to the election of Speaker is
privileged (8 Cannon Sec. 3883) and debatable unless the previous
question be ordered (Manual Sec. 312). The House may ask candidates
for Speaker to state their views before proceeding to election. 1
Hinds Sec. 218.
In two instances the House chose a Speaker by plurality of votes,
but confirmed the choice by majority vote. In 1849, the House had been
in session 19 days without being able to elect a Speaker, no candidate
having received a majority of the votes cast. The voting was viva
voce, each Member when called naming the candidate for whom he voted.
Finally, after the fifty-ninth ballot, the House adopted a resolution
declaring the Speaker to be elected by a plurality. 1 Hinds Sec. 221.
In 1856, the House was again in the midst of a struggle over the
election of a Speaker. One hundred and twenty-nine ballots had been
taken without any candidate receiving the majority of the votes cast.
The House then adopted a resolution permitting the election to be
decided by a plurality. 1 Hinds Sec. 222.
Election of Other Officers
The Clerk, Sergeant at Arms, Chief Administrative Officer, and
Chaplain are elected for each Congress by resolution. Deschler Ch 6
Sec. 16 (with forms); 93-1, Jan. 3, 1973, p 16. At the commencement of
a Congress, each party's caucus selects one nominee for each such
office. The majority submits its slate of nominees and the minority
usually submits a substitute resolution containing its slate. The
House then votes on these resolutions (Deschler Ch 6 Sec. 16), which
may be offered by the caucus chairmen (92-2, Sept. 25, 1972, p 8718).
Such a resolution is offered from the floor as
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privileged (92-2, June 21, 1972, p 21691), and may be divided for a
separate vote for the Chaplain, an uncontested office (95-1, Jan. 4,
1977, p 52).
Oath
Each officer of the House takes the oath prescribed by law. 5 USC
Sec. 3331 (with form). The oath is administered to them by the
Speaker. Deschler Ch 6 Sec. 17. An officer elected to hold an
additional office concurrently takes a separate oath for the
additional office. Deschler Ch 6 Sec. 17.1. The oath is administered
by the Speaker to those officers who have been elected by the House
(92-2, Sept. 25, 1972, p 8718; 94-1, Dec. 17, 1975, p 41324), and
sometimes to those who have been appointed on a temporary basis (92-2,
June 30, 1972, p 23665; 94-1, Nov. 17, 1975, p 36901), although
generally an appointee does not appear at the bar to take the oath but
subscribes thereto in writing when he accepts the appointment.
Deschler Ch 6 Sec. 17.2; 89-2, Mar. 14, 1966, p 5712. The oath has
been administered to an officer-elect prior to the effective date of
his election. 92-2, June 26, 1972, p 22387. Generally, see Oaths.
Sec. 2 . Removal From Office
Both the Speaker and the House have the authority to remove the
Clerk, Sergeant at Arms, and Chief Administrative Officer. Rule II.
Manual Sec. 635. An officer of the House may be removed from office
pursuant to the adoption of a simple resolution (1 Hinds Secs. 288-
290), which may be offered as a matter of privilege (1 Hinds Sec. 284;
6 Cannon Sec. 35). The Speaker may be removed at the will of the
House. Manual Sec. 315. As a basis for removal, the House has
considered allegations:
<box> That the Clerk altered and falsified a House document (1 Hinds
Sec. 284).
<box> That the Clerk was negligent in the administration of the
contingent fund (1 Hinds Sec. 283) or had misappropriated House
funds (1 Hinds Sec. 287).
<box> That an officer was guilty of misconduct or corruption in
office (1 Hinds Secs. 288, 289).
Sec. 3 . The Speaker
The Speaker is the Presiding Officer of the House, and is charged
with numerous duties and responsibilities by law and by the House
rules. His term of office begins on his election and the taking of his
oath of office. The term ends on the expiration of the Congress in
which he was elected, unless he has resigned, died, or been removed
from office. Deschler Ch 6 Sec. 1. He cannot serve for more than four
consecutive Congresses. Rule I clause 7(b) (adopted in 1995).
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As the Presiding Officer of the House, the Speaker maintains order
(Manual Sec. 622), manages its proceedings, and governs the
administration of its business. Deschler Ch 6 Secs. 2-8. The major
functions of the Speaker with respect to the consideration of measures
on the floor include recognizing Members who seek to address the House
(Manual Sec. 749), construing and applying the House rules (Manual
Sec. 624), and putting the question on matters arising on the floor
for a vote (Manual Sec. 629).
The Speaker's role is an impartial one and his rulings serve to
protect the rights of the minority. 88-1, June 4, 1963, pp 10151-65.
In seeking to protect the interests of the minority, he has even asked
unanimous consent that an order of the House be vacated where the
circumstances so require. 89-1, May 18, 1965, p 10871.
Sec. 4 . -- Jurisdiction and Duties; Rulings
The Speaker presides over all regularly scheduled House business.
His duties include:
<box> Calls to order and the approval of the Journal. Manual
Sec. 621.
<box> The reference of bills and other matters to committee. Manual
Sec. 700.
<box> The disposition of business on the Speaker's table. Manual
Secs. 882, 883.
<box> The designation of a Speaker pro tempore (Manual Sec. 633),
and the appointment of Chairmen of the Committee of the Whole
(Manual Sec. 861a).
<box> Recognizing Members, putting unanimous-consent requests, and
stating motions. Deschler Ch 6 Secs. 3.14 et seq.
<box> Supervision of the timing of debate and other proceedings in
the House. Deschler Ch 6 Sec. 3.25.
<box> Ruling on points of order and answering parliamentary
inquiries. Deschler Ch 6 Sec. 3.
<box> Making appointments pursuant to statute, the House rules, and
House resolutions (Deschler Ch 5 Sec. 6). Appointments to
committees, see Committees.
<box> Certification to a U.S. Attorney of persons found to be in
contempt of a House committee. Deschler Ch 6 Secs. 3.40 et seq.
<box> Declaring the House in recess pursuant to his inherent power
in the event of an emergency (Deschler Ch 6 Sec. 3.44), or
pursuant to the House rules or to a House resolution
authorizing him to take such action (See Recess).
The Speaker also:
<box> Signs various documents, including warrants and subpenas.
Manual Sec. 624.
<box> Makes preliminary decisions as to questions of privilege. 3
Hinds Secs. 2649, 2650, 2654.
<box> Determines the presence of a quorum, conducts quorum counts,
and counts certain votes. 4 Hinds Sec. 2932; Manual Secs. 55,
629, 810.
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<box> Announces the absence of a quorum without unnecessary delay. 6
Cannon Sec. 652.
<box> Maintains order in debate. Manual Sec. 760.
<box> Administers censure by direction of the House. 6 Cannon
Secs. 236, 237.
<box> Designates Members to travel on official business of the
House. Manual Sec. 634b.
<box> Appoints Members to conference committees. Manual Sec. 536.
<box> Declares the House adjourned when the hour previously fixed
for adjournment arrives. 5 Hinds Sec. 6735.
Many matters have been held to be beyond the scope of the
Speaker's responsibility under the rules. The Speaker does not:
<box> Construe the legislative effect of a pending measure (Manual
Sec. 627) or the merits thereof (Deschler Ch 6 Sec. 4.20).
<box> Respond to hypothetical questions (Deschler Ch 6 Secs. 4.13 et
seq.; Manual Sec. 627); render anticipatory rulings on
amendments (96-1, May 9, 1979, p 10486), or answer inquiries
based on hypothetical assumptions (Deschler Ch 6 Sec. 4.14).
<box> Determine questions that are within the province of the
Chairman of the Committee of the Whole (5 Hinds Sec. 6987;
Manual Sec. 846b).
<box> Pass on the constitutionality of the House rules (95-1, Sept.
8, 1977, p 28123; 95-1, Sept. 12, 1977, p 28801) or of
amendments offered to pending bills (95-2, May 22, 1978, p
13325), or render other judgments on the validity of pending
legislation (8 Cannon Sec. 2225; 94-2, Sept. 22, 1976, p
31874).
<box> Resolve questions as to the consistency of an amendment with
the measure to which it is offered (Manual Sec. 466), or with
an amendment which has already been adopted (5 Hinds Sec. 5781;
95-1, Sept. 15, 1977, p 29440).
<box> Answer inquiries as to the availability or meaning of
amendments not yet offered. 97-1, June 25, 1981, p 14082.
<box> Decide whether a Member should be allowed to display an
exhibit in debate (Deschler Ch 6 Sec. 4.10), except under the
Speaker's duty to preserve decorum (Manual Sec. 622).
<box> Rule on the sufficiency or effect of committee reports
(Deschler Ch 6 Secs. 4.22, 4.23; Manual Sec. 627).
<box> Rule on ambiguities in legislative language. Deschler Ch 6
Sec. 4.24.
<box> Construe the consequences of a pending vote. Deschler Ch 6
Secs. 4.27, 4.28.
<box> Respond to parliamentary inquiries as to whether the failure
of House conferees to follow a proposed course of action would
be beyond their scope of authority. 8 Cannon Sec. 2246; 97-1,
Oct. 29, 1981, p 26049.
<box> Rule out bills because they are already before the House in
another form. 2 Hinds Secs. 1325, 1327.
<box> Determine whether a Member should be censured (2 Hinds
Sec. 1275) or whether an office he holds is incompatible with
his membership (6 Cannon Sec. 253), these being matters for the
House to decide.
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Sec. 5 . -- Participation in Debate and Voting
Debate
Although the Speaker's usual role is that of the Presiding
Officer, there have been many instances in which he has made a
statement from the Chair or where he has relinquished the Chair and
participated in the debate on the floor. Manual Sec. 353. See also 86-
2, June 23, 1960, p 14088; 87-2, May 8, 1962, p 7981; 88-2, June 18,
1964, p 14344. He may take the floor for purposes of debate both in
the House (Deschler Ch 6 Secs. 5.1, 5.2) and in the Committee of the
Whole (86-2, Aug. 31, 1960, p 18734; 87-2, Mar. 29, 1962, p 5398; 87-
2, May 8, 1962, p 7962). If the Speaker is to participate in debate on
the floor of the House, it is his practice to call another Member to
the Chair to serve as Speaker pro tempore. 2 Hinds Sec. 1360; Manual
Sec. 358.
Voting
Under the early rules of the House, the Speaker was barred from
voting except under certain circumstances. 5 Hinds Sec. 5964. Today,
the Speakers have the same right as other Members to vote but rarely
exercise it. Manual Sec. 632. Under the modern House rules, the
Speaker may vote on any matter that comes before the House. He is
required to vote where his vote would be decisive or where the House
is engaged in voting by ballot. Rule I clause 6. Manual Sec. 632. The
duty of giving a decisive vote may be exercised after the intervention
of other business, if a correction of the roll shows a condition
wherein his vote would be decisive. 5 Hinds Secs. 6061-6063. On an
electronic vote, the Chair directs the Clerk to record him and
verifies that instruction by submitting a vote card. 101-2, Oct. 17,
1990, p ____.
Sec. 6 . -- The Speaker Pro Tempore
Appointment or Election
A Speaker pro tempore is usually designated by the Speaker or
elected by the House. Less frequently, he is designated by the Speaker
and approved by the House. Deschler Ch 6 Secs. 10 et seq. For a period
not to exceed three legislative days, he is designated by the Speaker;
for longer periods, the Speaker pro tempore is approved or elected by
the House. Manual Secs. 633, 634. A Member is sometimes designated
Speaker pro tempore by the Speaker, and then, subsequently, is elected
by the House. 93-2, Feb. 20, 1974, p 3514.
A Speaker pro tempore is elected pursuant to resolution (89-2,
Mar. 15, 1966, p 5823; 94-2, May 21, 1976, p 15085), which may be
offered by the
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chairman of the caucus (89-2, Jan. 10, 1966, p 60) or by the Majority
Leader (94-1, June 26, 1975, p 20967). A Speaker pro tempore by
designation leaves the Chair pending the offering of a resolution
electing him as Speaker pro tempore. 89-2, Jan. 10, 1966, p 6.
Oath of Office
The oath of office is administered to an elected Speaker pro
tempore, but not to a designated Speaker pro tempore. Deschler Ch 6
Sec. 11. The oath is administered to an elected Speaker pro tempore by
the Speaker himself (96-1, Dec. 20, 1979, pp 37317, 37318), by the
Dean of the House (94-1, Mar. 26, 1975, p 8947), or by another Member
(96-1, Nov. 5, 1979, p 30933).
Who May Serve
The Speaker pro tempore must under the rules be a Member of the
House. Manual Sec. 633. He may be, and usually is, a member of the
majority party (97-1, Nov. 23, 1981, p 28897), such as the Majority
Leader (87-1, Sept. 27, 1961, p 21545; 97-1, Dec. 16, 1981, p 31850),
or the Majority Whip (88-1, Nov. 18, 1963, p 22015), but the Dean of
the House has served in that capacity (89-1, Jan. 19, 1965, p 946),
and, on rare ceremonial occasions, the Minority Leader has been named
as Speaker pro tempore (87-1, June 12, 1961, p 10035).
Sec. 7 . -- Powers and Functions
Generally
The Speaker pro tempore, as the occupant of the Chair, exercises
many functions that would normally fall within the purview of the
presiding officer. Routine functions that are within the scope of
authority of a Speaker pro tempore are calling the House to order,
making various announcements, answering parliamentary inquiries,
putting the question, counting for a quorum, ruling on points of
order, and designating another Speaker pro tempore. Deschler Ch 6
Secs. 9, 10. An elected Speaker pro tempore may also administer the
oath of office to a Member-elect. Deschler Ch 6 Secs. 12.8, 14.8.
Designated Speaker pro tempore
The authority of a Speaker pro tempore to exercise certain powers
depends on whether he is designated, designated and approved, or
elected. The powers of a designated Speaker pro tempore, as compared
with those of an elected Speaker pro tempore, are relatively limited.
Deschler Ch 6 Sec. 10.
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Absent unanimous consent or specific House approval, a designated
Speaker pro tempore may not:
<box> Refer Presidential messages to committee. 89-2, Sept. 8, 1966,
p 22049; 89-2, Jan. 24, 1966, p 909; 90-1, Aug. 31, 1967, p
24843.
<box> Announce appointments made by the Speaker pursuant to law. 96-
1, Jan. 31, 1979, p 1511.
<box> Appoint conferees or make appointments of additional
conferees. Deschler Ch 6 Secs. 12.9, 12.10.
<box> Appoint Members to attend a funeral. Deschler Ch 6 Sec. 12.14.
Under the former practice, only an elected Speaker pro tempore
could sign enrolled bills in the absence of the Speaker. 96-1, Nov. 5,
1979, p 30933. The House in the 99th Congress amended Rule I clause 7
to authorize the Speaker to designate with the approval of the House a
Member to sign enrolled bills as Speaker pro tempore (without being
elected by the House). 99-1, Jan. 3, 1985, p 394.
Elected Speaker pro tempore
An elected Speaker pro tempore assumes a much greater scope of
authority from the Speaker than a designated Speaker pro tempore. He
may, for example, appoint conferees, appoint committees to inform the
President of a pending adjournment, and preside at a joint session of
Congress. Deschler Ch 6 Sec. 14.
Sec. 8 . -- Term of Office
The term of office of a Speaker pro tempore may be for a limited
time, such as one or two days (Deschler Ch 6 Sec. 11) or only for a
brief period during a day (Deschler Ch 6 Sec. 11.7), but for periods
of longer than three days, the approval of the House is required.
Manual Sec. 633. Such approval may be given by unanimous consent
(Deschler Ch 6 Sec. 11.14) or by resolution (94-1, Mar. 26, 1975, p
8947). This period may be extended beyond sine die adjournment to a
day certain (97-1, Dec. 16, 1981, p 31850). The term of office
normally ends when the Speaker resumes the Chair. Deschler Ch 6
Sec. 11.
Sec. 9 . Other House Officers
The Clerk
The Clerk has specific responsibilities spelled out in House
rules, in statutes, or as delegated to him by the House. He presides
when a new Congress convenes (Rule III clause 1; Manual Secs. 637-
639); he has duties related to the conduct of House business, and he
or his employees have respon-
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sibilities relating to the processing of bills, the preparation of the
Journal, and the taking and tallying of votes. To assist the House in
its consideration of measures, the Clerk reads bills (Manual
Sec. 428), reads names alphabetically during the taking of certain
votes and elections (Manual Sec. 765), notes all questions of order
and decisions thereon and places them in the Journal (Manual
Sec. 641), reports disorderly words of a Member who has been called to
order (Manual Sec. 761), certifies to the passage of all bills and
resolutions (Manual Sec. 643), makes corrections during engrossment
(Manual Sec. 479), and presents enrolled bills to the Speaker for
signature and transmittal to the Senate (Manual Sec. 575).
The Clerk also announces pairs after votes (Manual Sec. 660),
calls the Corrections Calendar (Manual Sec. 746), reads motions
(Manual Sec. 776), receives petitions and private bills (Manual
Sec. 849), disseminates copies of amendments offered in the Committee
of the Whole (Manual Sec. 870), and provides a place where Members may
sign discharge petitions (Manual Sec. 908). The Clerk also has
jurisdiction over the official reporters of the House, subject to the
direction and control of the Speaker. Manual Sec. 923.
In one instance, the Clerk carried out the duties of his own
office as well as those of the Sergeant at Arms, having been elected
to serve concurrently as Sergeant at Arms following the death of the
incumbent. Deschler Ch 6 Sec. 16.3.
The Clerk may designate and authorize one or more of his employees
to perform the duties of his office during his absence, except for
such duties as are imposed on him by statute. Manual Sec. 647. The
designation is laid before the House by the Speaker. 89-1, Feb. 16,
1965, p 2759; 92-1, Jan. 29, 1971, p 973; 95-1, Jan. 4, 1977, p 74.
The designation may provide that such authorization is to remain in
effect until revoked. 91-1, Oct. 29, 1969, p 32076.
Sergeant at Arms
The duties of the Sergeant at Arms on the floor are prescribed by
the House rules (Rule IV, Manual Sec. 648) and by statute (2 USC
Sec. 79). Under these provisions, the Sergeant at Arms maintains
order, and executes arrest warrants for persons cited for contempt of
the House or a committee. In addition, he enforces the prohibition
against Members walking across or out of the Hall of the House while
the Speaker is addressing the House (Manual Sec. 763), appoints
officers to send for and arrest absent Members when so ordered by the
Speaker under Rule XV clause 2 (Manual Sec. 768), and brings absent
Members before the House (Manual Sec. 773).
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Chief Administrative Officer
The Chief Administrative Officer of the House has the operational
and financial responsibility for functions assigned to him by the
Speaker and the Committee on House Oversight. He is subject to policy
direction and oversight of the Speaker and the committee. He reports
to the Speaker and to the committee. He reports semiannually on the
financial and operational status of each function under his
jurisdiction. Rule V, adopted in 1995.
The Chaplain
The Chaplain is responsible for offering a prayer at commencement
of each day's sitting of the House. Manual Sec. 655. The prayer, which
does not require a quorum (Deschler Ch 6 Sec. 21.1), is offered daily,
whether the House had adjourned until the next day or recessed at its
previous sitting. Deschler Ch 6 Sec. 21.2.
There are often ``guest chaplains.'' The daily prayer has been
offered by visiting clergy of various denominations and nationalities.
92-1, Dec. 6, 1971, p 44882; 93-1, Oct. 23, 1973, p 34818. In the
absence of the Chaplain, the prayer has been offered by a Member who
was an ordained minister. 93-1, May 31, 1973, p 17441.
Sec. 10 . Vacancies
The Speaker may make temporary appointments to fill vacancies in
the offices of the Clerk, the Sergeant at Arms and the Chaplain. 2 USC
Sec. 75a-1. Pursuant to this authority, the Speaker has temporarily
filled vacancies caused by the death of the Chaplain (89-2, Mar. 14,
1966, p 7512), or by the resignation of the Clerk (94-1, Dec. 17,
1975, p 41324), or Sergeant at Arms (102-2, Mar. 12, 1992, p ____).
Such appointments are effective until such time as the House acts by
the adoption of a resolution to fill the vacancy on a permanent basis.
Such a resolution, which may be offered by the chairman of the party
caucus, is privileged. 94-1, Dec. 17, 1975, p 41324.
The resignation of an elected officer of the House is subject to
acceptance by the House. 102-2, Mar. 12, 1992, p ____.