25. Are Members of Congress, to some extent, privileged from arrest?

Article 1, Section 6 of the Constitution states that Senators and Representatives "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The phrase "Treason, Felony, and Breach of the Peace" has been construed to mean all indictable crimes, and the Supreme Court has held that the privilege against arrest does not apply in any criminal cases.

26. Who are the officers of the House and how are they chosen?

Elected officers include the Speaker, Clerk, Sergeant at Arms, Chief Administrative Officer (CAO), and Chaplain. Another officer, the Inspector General, is appointed jointly by the Speaker, Majority Leader, and Minority Leader. Each of these officers appoints the employees provided by law for his or her department. (For an overview of the House's leadership and administrative structure, see the accompanying graphic, House of Representatives.)

The Constitution (Article 1, Section 2) says that the House "shall chuse [sic] their Speaker and other officers"; i.e., the Members vote as they do on any other question, except that in most cases it is strictly a party vote. Republicans and Democrats both meet before the House organizes for a new Congress, and choose a slate of officers. These two slates are presented at the first session of the House, and the majority-party slate can be expected to be selected. Traditionally, the majority party's nominee for Chaplain is not contested. The nominees for Clerk, Sergeant at Arms, CAO, and Chaplain are elected by a tally recorded by the House's electronic voting machine. For election of the Speaker, Members' names are called alphabetically, and they respond by orally stating the name of the candidate they prefer.

27. What are the duties of the officers and senior officials of the House?

The officers and officials of the House are, except where noted, elected by the House at the beginning of each Congress. They are the principal managers for the House of essential legislative, financial, administrative, and security functions. Their duties are prescribed in House Rule II and in statutes.

The Clerk of the House.-The Clerk is the chief legislative officer of the House. After each election, the Clerk receives the credentials of newly elected Members and presides at the opening of each new Congress pending the election of a Speaker. The Clerk keeps the official Journal of House proceedings, certifies all votes, and signs all bills and resolutions that have passed the House. The Clerk's office supervises the enrollment of legislation which originated in the House, and its presentment to the President. The Clerk's office also supervises legislative information resources in the House, the page program, and units providing public documents to the press and public.

The Sergeant at Arms.-The Sergeant at Arms is responsible for maintaining order on the floor and in the galleries when the House is in session. The office also maintains security in the House side of the Capitol and in House office buildings and facilities. As part of this responsibility, the House Sergeant at Arms, along with his or her Senate counterpart and the Architect of the Capitol, comprise the Capitol Police Board and the Capitol Guide Board. In addition, the Sergeant at Arms is charged with carrying out Section 5 of Article I of the Constitution, which authorizes the House (and Senate) "to compel the Attendance of absent Members."

The Chaplain.-The House Chaplain opens each daily House session with a prayer and provides pastoral services to House Members, their families, and staff. He also arranges for visits by guest chaplains. Traditionally, the Chaplain retains his post when party control of the House changes.

The Chief Administrative Officer (CAO).-The CAO is the principal House officer responsible for the financial management of House of Representatives accounts. Quarterly, his office issues a public document identifying all expenditures made by House Members, committees, and officers from appropriated funds at their disposal. The CAO's office, in addition to its financial management responsibilities, provides a range of services to Member and committee offices, including telecommunications, postal, and computer services, office supply and maintenance services, payroll and accounting services, employee counseling and assistance programs, and supervises private vendors and contractors providing services to the House.

The Inspector General (IG).—The Inspector General is the chief investigative officer of the House. His office (either through its own staff or through consultants) conducts periodic audits of House financial and administrative offices and operations. The IG's findings and recommendations are submitted to the appropriate House offices, to the congressional leadership, and to the House Administration Committee. The IG serves a two-year term and is jointly appointed by the Speaker, the Majority Leader, and the Minority Leader.

The General Counsel.-The General Counsel is the chief legal advisor to the House, its leaders and officers, and to its Members. The office represents the House, its Members, or employees in litigation resulting from the performance of official duties. The General Counsel is appointed by the Speaker in consultation with a bipartisan legal advisory group, which includes the Majority and Minority leaders.

The Historian.-By statute, the Office of the Historian acts to preserve the historical records of the House and its Members, to encourage historical research on the House, and to undertake original research and writing on the history of the House. The Historian is appointed by the Speaker. When the post is vacant, other legislative branch organizations and offices may perform some of these services and functions.

28. What are the duties of the Speaker?

The Speaker presides over the House, appoints chairmen to preside over the Committee of the Whole, appoints all special or select committees, appoints conference committees, has the power of recognition of Members to speak, and makes many important rulings and decisions in the House. The Speaker may vote, but usually does not, except in case of a tie. The Speaker and the Majority Leader determine the legislative agenda for the House and often confer with the President and with the Senate leadership.

29. Could a person other than an elected Representative in Congress serve as Speaker of the House?

Technically, yes. There is no constitutional impediment to such a selection. The House is empowered to choose its Speaker and other officers without restriction. But this possibility is unlikely, and indeed, the Speaker has always been a Member of the House. 30. Who was the Speaker of the House of Representatives for the longest period of time?

Sam Rayburn, of Texas, who was a Member of the House for 48 years and 8 months, served as Speaker for 17 years and 2 months. However, the record for longest continuous service as Speaker is held by Thomas P. "Tip" O'Neill, of Massachusetts, who served consecutively for 10 years, thus surpassing John McCormack (8 years, 11 months, and 23 days); Champ Clark (7 years, 10 months, and 29 days); and Joseph G. Cannon (7 years, 3 months, and 24 days). 31. Who presides over the Senate?

The Constitution provides that "the Vice President of the United States shall be the President of the Senate" (Article 1, section 3). As President of the Senate, the Vice President presides over the Senate, makes parliamentary rulings (which may be overturned by a majority vote of the Senate or by supermajority, 60 votes, in certain instances), and may cast tie-breaking votes. At first, Vice Presidents presided on a regular basis, but in recent years they are present in the chair only when a close vote is anticipated, during major debates, or on important ceremonial occasions (such as the swearing in of newly elected Senators, or during joint sessions). In the absence of the Vice President, the Senate elects a President pro tempore (president "for the time being") to preside. In recent decades it has become traditional for this post to go to the senior Senator from the majority party. The President pro tempore assigns other Members of the majority party to preside by rotation during each day's proceedings. These Senators and the President pro tempore retain their rights to vote on all issues before the body and to debate when they are not presiding.

32. Who are the officers of the Senate, how are they chosen, and what are their duties?

By resolution, the Senate elects five officers: the Secretary, Sergeant at Arms, Chaplain, Secretary for the Majority, and Secretary for the Minority. (For an overview of the Senate's leadership and administrative structure, see the accompanying graphic, United States Senate.)

Secretary of the Senate.-As the Senate's chief administrative officer, the Secretary supervises offices and services supporting the Senate's day-to-day operations, including those of the Parliamentarian and the legislative and executive business clerks responsible for processing legislative documentation. Among the other offices supervised by the Secretary are the Senate Library, the Senate Historical Office, curatorial and conservation offices, and the offices of the reporters of debates and of the Daily Digest. The Secretary officially certifies the bills and resolutions passed by the Senate, records Senator's oaths of office, records the registration of lobbyists, and administers the Federal election records required to be filed by senatorial candidates.

Sergeant at Arms.-The Sergeant at Arms is the chief law enforcement and security officer of the Senate, charged with enforcing Senate rules and regulations in the Chamber, and in Senate office buildings. The Sergeant at Arms implements orders of the Senate, including locating absent Senators and, when so directed, making arrests. The Sergeant at Arms notified President Andrew Johnson in 1868 and President William Jefferson Clinton in 1999 of impeachment charges to be tried in the Senate. As the Senate's protocol officer, the Sergeant at Arms escorts the President and other dignitaries during official visits to the Capitol, leads formal processions during Senate ceremonies, and arranges funerals for Senators who die in office. The Sergeant at Arms supervises many Senate support services, including the Senate Computer Center; the Service Department; Senate postal and telecommunications services, gallery services including pages, media galleries and services, recording studios, doorkeepers, and Capitol tour guides, among oth

ers.

Secretary for the Majority.-Generally nominated by the Majority Leader with the approval of the majority conference (the organizational body of all majority party senators), the Secretary for the Majority oversees party activities in the Senate Chamber and the majority cloakroom. The Secretary supervises telephone pages and messengers, organizes meetings of the majority conference, briefs Senators and staff on pending measures and votes, and conducts polls of Senators when requested by party leaders to determine Senators' views on scheduling issues and pending Senate business.

Secretary for the Minority.-The Secretary for the Minority is chosen in the same manner as is the majority secretary, that is, by the minority leadership and conference. The duties of the post are essentially the same as those of the majority party secretary.

Chaplain.-Nominated in the conference of the majority-party Senators, the full Senate elects the Senate Chaplain. The Chaplain prepares and offers the convening prayer each day the Senate is in session; provides pastoral services to Senators, their families and staffs; and supervises the scheduling of appearances by guest chaplains. Traditionally, changes in party control do not interrupt the tenure of the Chaplain of the Senate.

33. What are party Leaders?

The political parties in the House and Senate elect Leaders to represent them on the floor, to advocate their policies and view

points, to coordinate their legislative efforts, and to help determine the schedule of legislative business. The Leaders serve as spokespersons for their parties and for the House and Senate as a whole. Since the Framers of the Constitution did not anticipate political parties, these leadership posts are not defined in the Constitution but have evolved over time. The House, with its larger membership, required Majority and Minority Leaders in the 19th century to expedite legislative business and to keep their parties united. The Senate did not formally designate party floor leaders until the 1920s, although several caucus chairmen and committee chairmen had previously performed similar duties. In both Houses, the parties also elect assistant leaders, or "Whips." The Majority Leader is elected by the majority-party conference (or caucus), the Minority Leader by the minority-party conference. Third parties have rarely had enough members to need to elect their own leadership, and independents will generally join one of the larger party organizations to receive committee assignments. Majority and Minority Leaders receive a higher salary than other Members in recognition of their additional responsibilities.

34. Are the Majority Leaders elected by their respective Houses of Congress?

No. Rather, Members of the majority party in the House, meeting in caucus or conference, select the Majority Leader. The minorityparty Members, in a similar meeting, select their Minority Leader. The majority and minority parties in the Senate also hold separate meetings to elect their leaders.

35. What are the duties of the "Whips” of the Congress?

The Whips (of the majority and minority parties) keep track of all politically important legislation and endeavor to have all members of their parties present when important measures are to be voted upon. When a vote appears to be close, the Whips contact absent Members of their party, and advise them of the vote. The Whips assist the leadership in managing the party's legislative program on the floor of the Chambers and provide information to party Members about important legislative-related matters. The authority of the Whips over party Members is informal; in the U.S. Congress, a Member may vote against the position supported by a majority of the Member's party colleagues because of personal opposition or because of opposition evident within his or her constituency. In most cases, parties take no disciplinary action against colleagues who vote against the party position.

The Majority and Minority Whips in the House and Senate are elected by party Members in that Chamber. In the House, with its larger number of Members, the Majority and Minority Whips appoint deputy whips to assist them in their activities.

36. What are party caucuses or party conferences and party committees?

A party caucus or conference is the name given to a meeting, whether regular or specially called, of all party Members in the House or Senate. The term "caucus" or "conference" can also mean the organization of all party Members in the House or Senate.