Parliamentarian of the United States House of Representatives
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| Parliamentarian of the United States House of Representatives | |
|---|---|
| Name | Parliamentarian of the United States House of Representatives |
| Department | United States House of Representatives |
| Reports to | Speaker of the House |
| Seat | United States Capitol |
| Nominator | Speaker of the House |
| Appointer | Speaker of the House |
| Termlength | At the pleasure of the Speaker |
| Formation | 1927 (modernized) |
| First | Lewis Deschler |
Parliamentarian of the United States House of Representatives is the principal advisor on parliamentary procedure to the Speaker of the United States House of Representatives, the United States House of Representatives membership, and House officers. The office interprets the House Rules of the United States House of Representatives, the precedents established in the United States Congressional Record, and the rulings of presiding officers, providing nonpartisan guidance during legislative action, budget reconciliation, and committee deliberations.
Role and responsibilities
The Parliamentarian oversees the Office of the Parliamentarian, advising the Speaker of the United States House of Representatives, the Majority Leader of the United States House of Representatives, the Minority Leader of the United States House of Representatives, committee chairs such as those of the House Committee on Ways and Means and the House Committee on Appropriations, and presiding officers during sessions in the United States Capitol. Responsibilities include interpreting the Standing Rules of the United States House of Representatives, resolving points of order, advising on the application of precedents like those in the House Practice compendium, and guiding enforcement of provisions such as the Byrd Rule when reconciliation under the Congressional Budget Act of 1974 is at issue. The office supports legislative drafting, amendment management, and the maintenance of institutional memory through rulings recorded in the Congressional Record and citations to precedents like decisions cited from the Office of the Clerk of the United States House of Representatives.
History and development
Professionalized in the 20th century, the modern Parliamentarian role evolved from earlier procedural advisers to a codified office after landmark developments involving the House Committee on Rules and incidents in the eras of speakers such as Joseph G. Cannon and Sam Rayburn. The position’s institutionalization accelerated following procedural crises and reforms tied to events like Watergate, the passage of the Budget and Impoundment Control Act of 1974, and the creation of the Congressional Research Service. Influential documents shaping the office include editions of Cannon's Precedents of the House of Representatives of the United States and later compilations such as Deschler's Precedents of the United States House of Representatives, which systematized rulings for use by parliamentarians and presiding officers across sessions like the 93rd United States Congress and the 106th United States Congress.
Appointment and tenure
The Parliamentarian is selected by and serves at the pleasure of the Speaker of the United States House of Representatives and is formally appointed by the Speaker. Historically, appointments have involved individuals with careers in the Legislative Clerk's Office or the House Administration Committee staff or experience with the Congressional Research Service and the Government Accountability Office. Tenures have ranged from brief interim service to multi-decade incumbencies such as that of Lewis Deschler, spanning multiple Speakers including Sam Rayburn, John McCormack, and Tip O'Neill. Appointment controversies have sometimes intersected with partisan shifts exemplified by changes in House control during elections involving majorities like those won by Democratic Party (United States) and Republican Party (United States) caucuses.
Duties during legislative procedures
During floor proceedings, the Parliamentarian advises the presiding officer—whether the Speaker pro tempore, the Dean of the United States House of Representatives, or a designated chair—on points of order, germaneness under Rules governed by precedent such as Hinds' Precedents, and the interpretation of special procedures used by bodies like the House Committee on Rules. In reconciliation, the Parliamentarian assesses compliance with the Byrd Rule and issues rulings that affect inclusion of provisions in the budget resolution and reconciliation bills debated under rules originating from the Congressional Budget Act of 1974. The office also provides guidance during high-profile actions— impeachments referenced with the House Judiciary Committee procedures, emergency declarations related to statutes like the National Emergencies Act, and complex amendments tied to statutes such as the Affordable Care Act.
Staff and office structure
The Parliamentarian leads a career staff within the Office of the Parliamentarian, employing deputies, associate parliamentarians, and clerks who research precedents in repositories such as the Library of Congress and the United States Government Publishing Office. The office interacts regularly with staff of the House Clerk, the Sergeant at Arms of the United States House of Representatives, the Office of the Historian of the United States House of Representatives, and committees including the House Committee on Rules and the House Committee on the Judiciary. Staff responsibilities include preparing memoranda for the Speaker, compiling lists of applicable precedents, indexing rulings for the Congressional Record, and training Members and staff in procedural practice used across sessions such as the 116th United States Congress and 117th United States Congress.
Notable parliamentarians and controversies
Notable officeholders include Lewis Deschler, who served as Parliamentarian during mid-20th-century Speakers like Sam Rayburn and John W. McCormack; Robert Dove, who later served in both the House and as Parliamentarian of the United States Senate; and William Holmes Brown, author of influential procedural texts used by parliamentarians and committees. Controversies have arisen when rulings affected major initiatives such as budget reconciliation under Speakers like Newt Gingrich or Nancy Pelosi, prompting disputes involving leaders including Tip O'Neill, Dennis Hastert, and Paul Ryan. High-profile episodes include disagreements over the application of the Byrd Rule during major tax and health legislation, personnel actions linked to changes in House control in the aftermath of elections won by Barack Obama and Donald Trump, and public debates when Parliamentarians’ nonpartisan analyses influenced floor outcomes during sessions presided over by Speakers such as Kevin McCarthy and John Boehner.