[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[C. Committee Procedure]
[Â§ 25. Effect]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2756-2760]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 25. --Effect

Questioning of Committee Chairman

Sec. 25.1 Where a report from a committee is challenged on the ground 
    that a quorum of the committee was not present when the report was 
    authorized, the Speaker interrogates the chairman of the committee 
    concerned as to the facts in question.

    On Sept. 30, 1966,(15) Omar T. Burleson, of Texas, 
Chairman of the Committee on House Administration, submitted a 
privileged report (H. Rept. No. 2158), to accompany a resolution (H. 
Res. 1028), providing funds for his committee and asked for its 
immediate consideration. At this juncture, Mr. Jonathan B. Bingham, of 
New York, rose to a point of order against the resolution on the ground 
that a quorum of the

[[Page 2757]]

committee was not present when the resolution was reported. Speaker 
John McCormack, of Massachusetts, then inquired of Mr. Burleson as to 
whether he had any comment. Mr. Burleson replied in the affirmative and 
initiated the following exchange:
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15. 112 Cong. Rec. 24548, 89th Cong. 2d Sess.
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        . . . Mr. Speaker, I do not see that this is a matter involving 
    rules but rather a matter of custom and practice. We were simply 
    following what has been a practice for a great many years relating 
    to noncontroversial matters. This method of obtaining committee 
    approval has been for the convenience of committee members. I shall 
    be glad to redate to the House in just a few words what transpired 
    in this instance.
        Recently it has been difficult to get a quorum, and, for 
    obvious reasons, it has been just about impossible for the last 10 
    days. Never before has the gentleman from New York objected to a 
    telephone poll of members. In this instance, each of the 25 members 
    of the committee, except those who were on the subcommittee 
    examining contracts, the subcommittee headed by the gentleman from 
    Ohio [Mr. Hays]--who had already agreed to the resolution, were 
    called, and a majority of the members approved the resolution.
        This practice has been prevalent and has been permitted over 
    the years, although it has been held to a minimum.
        Now Mr. Speaker, I shall be glad to yield to the gentleman from 
    New York if he wants to tell us the real reason he is objecting to 
    the consideration of this resolution. The gentleman never before 
    has objected to this procedure and I ask why he objects now?
        Mr. Bingham: Mr. Speaker, will the gentleman yield?
        Mr. Burleson: I yield to the gentleman from New York.
        Mr. Bingham: Mr. Speaker, I shall be glad to explain. There has 
    been apparently the establishment of a subcommittee of the 
    Committee on House Administration.
        The Speaker: The Chair does not want to go into all that. The 
    Chair wants to ask the gentleman from Texas, the chairman of the 
    committee, was a committee meeting called for the purpose of acting 
    on this resolution? And, if so, was a quorum present?
        Mr. Bureson: Mr. Speaker, I have explained in some detail the 
    procedure used in this instance. There was an agreement by a 
    majority of the committee that the resolution may be presented.
        The Speaker: Was there a meeting? Did the committee meet? Was 
    there a quorum present and voting and acting on it?
        Mr. Burleson: Mr. Speaker, on infrequent occasions when we have 
    resorted to this procedure as a matter of convenience and of 
    expediting legislation, it has always been accepted as establishing 
    a quorum. As far as I know this procedure has not been challenged. 
    In this case a majority of the committee agreed to the resolution 
    and I insist that a quorum was established and that the report is 
    proper and that the resolution is privileged.

    Having elicited the essential facts from Chairman Burleson, the 
Speaker sustained the point of order.(16)
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16. For full discussion of the Chair's reasoning and ultimate 
        conclusion, see Sec. 23.2, supra.
            For a similar instance in which the Speaker noted that such 
        quorum issues are routinely decided ``by the Chair on the 
        statement of the chairman of the legislative committee 
        concerned,'' see 102 Cong. Rec. 12199, 84th Cong. 2d Sess., 
        July 9, 1956.

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[[Page 2758]]

Recommittal of Measure

Sec. 25.2 Where the chairman of a committee admits a bill was reported 
    when a quorum was not present and a point of order is sustained 
    against the bill on that ground, the bill is recommitted.

    On Oct. 11, 1968,(17) by direction of the Committee on 
Rules, Mr. John A. Young, of Texas, called up House Resolution 1256 and 
asked for its immediate consideration. The resolution provided that 
upon its adoption, it would be in order to move that the House resolve 
itself into the Committee of the Whole for the consideration of a bill 
(S. 2511), relating to producers of crude pine gum.
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17. 114 Cong. Rec. 30738, 90th Cong. 2d Sess.
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    After brief discussion, House Resolution 1256 was agreed 
to,(1) whereupon William R. Poage, of Texas, Chairman of the 
Committee on Agriculture, moved that the House resolve itself into the 
Committee of the Whole for the consideration of S. 2511.
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 1. Id. at p. 30739.
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    Immediately thereafter, Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Paul Findley, of Illinois, for a point of 
order:

        Mr. Speaker, I make a point of order against consideration of 
    S. 2511.
        The Speaker: The gentleman will state his point of order.
        Mr. Findley: Mr. Speaker, I make a point of order against the 
    consideration of S. 2511 on the grounds that the Committee on 
    Agriculture acted without a quorum being present when it ordered S. 
    2511 reported to the House on July 2, 1968.
        Rule XI, clause [27(e)], of the rules of the House 
    (2)) states as follows:
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 2. See Rule XI clause 2(l)(2)(A), House Rules and Manual 713(c)(1979).
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            (e) No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.

        I have personally checked with the staff of the Committee on 
    Agriculture and have been informed that on July 2, 1968, there were 
    only 14 members of the committee present and that the vote to 
    report S. 2511 to the House was 11 to 0 in favor of such action. 
    Since the total membership of that committee is 35, there obviously 
    was not a majority actually present as required by Rule XI clause 
    [27(e)].

    At this juncture, the Speaker interrogated Mr. Poage with respect 
to the committee's action on the measure:

        The Speaker: The Chair would like to inquire of the chairman of 
    the Committee on Agriculture if a quorum was present when the bill 
    was reported.

[[Page 2759]]

        Mr. Poage: Mr. Speaker, the chairman of the Committee on 
    Agriculture was not present the day this bill was reported. The 
    record indicates that there were only 14 members of the committee 
    present at the time it was reported.
        The Speaker: Does the gentleman from Texas state that the 
    record of his committee shows there were 14 members present when 
    the bill was acted upon and reported out?
        Mr. Poage: That is correct.

    Having obtained the necessary information, the Speaker ruled as 
follows:

        Clause 27 of rule XI clearly covers this situation. Paragraph 
    (e) of clause 27 of rule XI states:

            No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.

        Upon the statement of the chairman of the committee, a majority 
    of the committee were not actually present. Therefore, the point of 
    order is sustained; and the bill is recommitted to the Committee on 
    Agriculture.(3)
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 3. A similar point of order was raised the same day (114 Cong. Rec. 
        30751, 90th Cong. 2d Sess.) with respect to a bill (S. 1507), 
        entitling firefighters to certain retirement benefits. As the 
        committee with jurisdiction [the Committee on Post Office and 
        Civil Service] had less than a quorum present when the measure 
        was reported out, the Speaker ordered the bill recommitted.
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Withdrawal of Measure

Sec. 25.3 Where a point of order was raised against consideration of a 
    privileged resolution, reported and called up by the Committee on 
    House Administration, on the ground that a quorum was not present 
    when the resolution was ordered reported, the resolution was 
    withdrawn.

    On Feb. 28, 1968,(4) Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Samuel N. Friedel, of Maryland, who, by 
direction of the Committee on House Administration, submitted a 
privileged report (H. Rept. No. 1127), on a resolution (H. Res. 1042), 
authorizing the expenditure of certain funds for the expenses of the 
Committee on Un-American Activities, and asked for immediate 
consideration of the resolution.
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 4. 114 Cong. Rec. 4448, 90th Cong. 2d Sess.
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    Immediately thereafter, Mr. William F. Ryan, of New York, raised a 
point of order against the consideration of the report on the ground 
that a quorum was not present when the matter was 
considered.(5)
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 5. The rules [see Rule XI clause 2(l)(2)(A), House Rules and Manual 
        Sec. 713(c) (1979)] provide that: ``No measure or 
        recommendation shall be reported from any committee unless a 
        majority of the committee were actually present.''

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[[Page 2760]]

    Desiring to be heard on the point of order, Mr. Friedel stated:

        Mr. Speaker, it is true that we did not have a quorum present 
    for the consideration of House Resolution 1042, but we had 
    unanimous consent by the members that they would not raise a point 
    of order.
        However, Mr. Speaker, under the circumstances, in view of the 
    point of order being raised, I withdraw the resolution.

    Parliamentarian's Note: After the point of order was sustained, the 
resolution was automatically recommitted and the Committee on House 
Administration met again with a quorum present and filed a new report 
on the resolution.