    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 191-201]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                         SEC. XXVI.--BILLS, COMMITMENT.

    Sec. 401. Parliamentary law (largely obsolete) as to
    reference of bills to committees.

      If  on motion and question it be decided
    that the bill shall be committed, it may then be moved to be referred to
    Committee of the Whole House, or to a special committee. If the latter,
    the Speaker proceeds to name the committee. Any member also may name a
    single person, and Clerk is to write him down as of the committee. But
    the House have a controlling power over the names and number, if a
    question be moved against any one; and may in any case put in and put
    out whom they please.

    [[Page 192]]
    of a specified number of persons (IV, 4402). But such committee is
    appointed only by the Speaker (clause 6(e) of rule X).
      This paragraph is to a large extent obsolete under the rules and
    practice of the House of Representatives. Bills are referred in the
    first instance by the Speaker to standing committees as prescribed by
    the rules (rules X and XXII), and references of reported bills to the
    proper calendar of the House are also made under direction of the
    Speaker (clause 2 of rule XIII). Reference of a matter under
    consideration is made by a motion to refer which specifies the committee
    and may provide for a select committee

      Rule XVII provides that the Speaker may entertain a motion to commit
    to a standing or select committee with or without instructions pending
    or following the ordering of the previous question.

    Sec. 402. Obsolete provisions as to constitution of
    committees.

      Those  who take exceptions to some particulars in the bill are to
    be of the committee, but none who speak directly against the body of the
    bill; for he that would totally destroy will not amend it, Hakew., 146;
    Town., col., 208; D'Ewes, 634, col. 2; Scob., 47; or as is said, 5 Grey,
    145, the child is not to be put to a nurse that cares not for it, 6
    Grey, 373. It is therefore a constant rule ``that no man is to be
    employed in any matter who has declared himself against it.'' And when
    any member who is against the bill hears himself named of its committee
    he ought to ask to be excused. Thus, March 7, 1806, Mr. Hadley was, on
    the question being put, excused from being of a committee, declaring
    himself to be against the matter itself. Scob., 46.

      This provision is entirely inapplicable in the House of
    Representatives, where the standing committees with majority and
    minority representation (IV, 4467, 4477, footnote, 4478) consider most
    of the bills. And in the infrequent occasions when a select committee is
    appointed the minority party is always represented in the membership.

    Sec. 403. Delivery of bills to committees.

      The  Clerk may
    deliver the bill to any member of the committee, Town, col. 138; but it
    is usual to deliver it to him who is first named.

    [[Page 193]]

      Following introduction, reference, and numbering, bills are sent to
    the Government Printing Office for printing. Printed copies of all bills
    are distributed in accordance with law (44 U.S.C. 706) and copies are
    made available to the committee to which referred.

    Sec. 404. Obsolete provision for ordering a committee to
    withdraw and bring back a bill.

      In  some cases the House has ordered a
    committee to withdraw immediately into the committee chamber and act on
    and bring back the bill, sitting the House. Scob., 48. * * *

      This procedure is rarely followed in the House of Representatives,
    since the order of business does not provide for such a motion unless it
    is offered by unanimous consent.

    Sec. 405. Commital with directions to report
    forthwith.

      When  a bill is under consideration, however, the House may on
    motion commit it with instructions to report ``forthwith'' with certain
    specified amendment (V, 5548, 5549), in which case the chairman of the
    committee reports at once without awaiting action of the committee (V,
    5545-5547; VIII, 2730, 2732) and the bill is in order for immediate
    consideration (V, 5550; VIII, 2735).

    Sec. 406. Discharge of a committee.

      The  motion to discharge
    a committee from the consideration of an ordinary legislative
    proposition is not privileged under the rules (IV, 3533, 4693; VIII,
    2316), but where a matter involves a question of privilege (III, 2585,
    2709; VIII, 2316), or is privileged under the rule relating to
    resolutions of inquiry (clause 5 of rule XXII; III, 1871; IV, 4695) or
    is provided privilege under statutes enacted under the rulemaking power
    of the House (see Sec. 1013, infra), the motion to discharge is
    admitted. The motion is not debatable (III, 1868; IV, 4695), except
    under clause 3 of rule XXVII, and may be laid on the table (V, 5407; VI,
    415), but the question of consideration may not be demanded against it
    (V, 4977).

    Sec. 407. Meetings and action of committees.

      * * *  A
    committee meet when and where they please, if the House has not ordered
    time and place for them, 6 Grey, 370; but they can only act when
    together, and not by separate consultation and consent--nothing being
    the report of the committee but what has been agreed to in committee
    actually assembled.

    [[Page 194]]

      For discussion of committee procedure generally, see Sec. 704a, infra.
    In the House of Representatives the standing committees usually meet in
    their committee rooms, but there is no rule requiring them to meet
    there, and in the absence of direction by the House, committees
    designate the time and place of their meetings (VIII, 2214).

      Standing committees fix regular weekly, biweekly, or monthly meeting
    days for the transaction of business (not less infrequently than
    monthly, under clause 2(b) of rule XI), and additional meetings may be
    called by the chairman as he may deem necessary or by a majority of the
    committee in certain circumstances (clause 2(c) of rule XI). Where a
    committee has a fixed date of meeting, a quorum of the committee may
    convene on such date without call of the Chairman and transact business
    regardless of his absence (VIII, 2214). A committee meeting being
    adjourned by the chairman for lack of a quorum, a majority of the
    members of the committee may not, without the consent of the chairman,
    call a meeting of the committee on the same day (VIII, 2213).

    [[Page 195]]
    valid, although a necessary one of that majority did not concur in all
    the statements (IV, 4587). If a report is actually sustained by the
    majority of a committee, it is not impeached by the fact that a lesser
    number sign it (II, 1091), or by the fact that later by the action of
    absentees more than a majority of the whole committee are found to have
    signed minority views (IV, 4585). Objection being made that a report had
    not been authorized by a committee and there being doubt as to the
    validity of the authorization, the question as to the reception of the
    report is submitted to the House (IV, 4588-4591). But where the Speaker
    is satisfied of the validity or of the invalidity of the authorization
    he may decide the question (IV, 4584, 4592, 4593; VIII, 2211, 2212,
    2222-2224). And in a case wherein it was shown that a majority of a
    committee had met and authorized a report he did not heed the fact that
    the meeting was not regularly called (IV, 4594). A bill improperly
    reported is not entitled to its place on the calendar (IV, 3117); but
    the validity of a report may not be questioned after the House has voted
    to consider it (IV, 4598), or after actual consideration has begun (IV,
    4599; VIII, 2223, 2225). Where a question was raised regarding a
    Chairman's alteration of a committee amendment, the Speaker indicated
    that the proper time to raise a point of order was when the unprivileged
    report was called up for consideration (or when before the Committee on
    Rules for a special order) and not when filed in the hopper (May 16,
    1989, p. 9356).

    <>   A
    majority of the committee constitutes a quorum for business. Elsynge's
    Method of Passing Bills, 11.

    Sec. 408. Authorization of reports of committees.

      The  House
    has adhered to the principle that a report must be authorized by a
    committee acting together, and a paper signed by a majority of the
    committee acting separately has been ruled out (IV, 4584; VIII, 2210-
    2212, 2220; see also clause 2(l)(2)(A) of rule XI). For each rollcall
    vote in committee on amending or reporting a public measure or matter,
    the report to the House must disclose the total number of votes cast for
    and against and the names of those voting for and against (clause
    2(l)(2)(B) of rule XI). It is the duty of the chairman of each committee
    to report or cause to be reported promptly any measure approved by his
    committee and to take or cause to be taken necessary steps to bring the
    matter to a vote (clause 2(l)(1)(A) of rule XI); and a report must be
    filed within seven days following the submission of a written request,
    signed by a majority of the committee members, directing such filing
    (clause 2(l)(1)(B) of rule XI). A motion in committee directing its
    Chairman to use all parliamentary means to bring a bill before the House
    was held to include the right to call up the bill on Calendar Wednesday
    (VII, 2217). Clause 2(l)(1)(A) of rule XI, requiring the chairman of
    each committee to report or cause to be reported promptly measures
    approved by his committee and to take such necessary steps to bring the
    matter to a vote, is sufficient authority for the chairman to call up a
    bill on Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2161). No
    measure or recommendation shall be reported from any committee unless a
    majority of the committee were actually present (clause 2(l)(2)(A) of
    rule XI). A report is sometimes authorized by less than a majority of
    the whole committee, some members being silent or absent (II, 985, 986).
    In a rare instance a majority of a committee agreed to a report, but
    disagreed on the facts necessary to sustain the report (I, 819). In the
    situation where a committee finds itself unable to agree to a positive
    recommendation, being equally divided, it may report the fact to the
    House (I, 347; IV, 4665, 4666) and may include evidence, majority and
    minority views (III, 2403), minority views alone (II, 945), or
    propositions representing the opposing contentions (III, 2497; IV,
    4664). It is not essential that the report of a committee be signed (II,
    1274; VIII, 2229), but the minority or other separate views are signed
    by those concurring in them (IV, 4671; VIII, 2229). In a case where a
    majority of a committee signed a report it was held

      Each Committee may fix the number of its members, but not less than
    two, to constitute a quorum for taking testimony and receiving evidence;
    and except for the Committees on Appropriations, the Budget, and Ways
    and Means, a committee may fix the number of members to constitute a
    quorum, which shall be not less than one-third of its members, for
    taking certain other actions (clause 2(h) of rule XI). However, no
    measure or recommendations shall be reported from any committee or
    subcommittee unless a majority of the committee were actually present
    (clauses 2(h) and 2(l) of rule XI); nor shall a committee or
    subcommittee vote without a majority present to authorize a subpoena
    under clause 2(m) of rule XI or to close a meeting or hearing under
    clauses 2(a) and 2(g) of rule XI (except as provided under clause
    2(g)(2)(A) with respect to certain hearing procedures).

    [[Page 196]]
    mittee must be present when alleged perjurious testimony is given in
    order to support a charge of perjury (Christoffel v. United States, 388
    U.S. 84). The absence of a quorum of a committee at the time a witness
    willfully fails to produce subpoenaed documents is not a valid defense
    in a prosecution for contempt where the witness failed to raise that
    objection before the committee (United States v. Bryan, 339 U.S. 323;
    United States v. Fleischman, 339 U.S. 349).

      A quorum of a committee may transact business and a majority of the
    quorum, even though it be a minority of the whole committee, may
    authorize a report (IV, 4586), but an actual quorum of a committee must
    be present to make action taken valid (VIII, 2212, 2222), unless the
    House authorizes less than a quorum to act (IV, 4553, 4554). A quorum of
    a com

    Sec. 410. Presence of a Member of the House in a select
    committee.

      Any  Member of the House may be present at any select committee,
    but cannot vote, and must give place to all of the committee, and sit
    below them. Elsynge, 12; Scob., 49.

      This phrase must be read in conjunction with the power of a committee
    of the House to conduct proceedings in executive session (see clauses
    2(g)(1) and (2) of rule XI). Thus, a committee may close its doors in
    executive session meetings to persons not invited or required, including
    Members of the House who are not members of the committee (III, 1694;
    IV, 4558-4565; see discussion at IV, 4540). In the 95th Congress, clause
    2(g)(2) of rule XI was amended to prohibit the exclusion of noncommittee
    members from nonparticipatory attendance in any closed hearing, except
    in the Committee on Standards of Official Conduct, unless the House by
    majority vote authorizes a committee or subcommittee to close its
    hearings to noncommittee members (H. Res. 5, 95th Cong., Jan. 4, 1977,
    pp. 53-70).

    Sec. 411. Power of committees over the body and title of a
    bill.

      The  committee have full power over the bill or other paper committed
    to them, except that they cannot change the title or subject. 8 Grey,
    228.

      In the House of Representatives committees may recommend amendments to
    the body of a bill or to the title but may not otherwise change the
    text.

    [[Page 197]]
    ing at the end of each paragraph, and putting questions for amending,
    if proposed. In the case of resolutions or distinct subjects,
    originating with themselves, a question is put on each separately, as
    amended or unamended, and no final question on the whole, 3 Hats., 276;
    but if they relate to the same subject, a question is put on the whole.
    If it be a bill, draught of an address, or other paper originating with
    them, they proceed by paragraphs, putting questions for amending, either
    by insertion or striking out, if proposed; but no question on agreeing
    to the paragraphs separately; this is reserved to the close, when a
    question is put on the whole, for agreeing to it as amended or
    unamended. But if it be a paper referred to them, they proceed to put
    questions of amendment, if proposed, but no final question on the whole;
    because all parts of the paper, having been adopted by the House, stand,
    of course, unless altered or struck out by a vote. Even if they are
    opposed to the whole paper, and think it cannot be made good by
    amendments, they cannot reject it, but must report it back to the House
    without amendments, and there make their opposition.

    Sec. 412. Parliamentary law governing consideration of
    bills, etc., in committees.

      The  paper before a committee, whether select
    or of the whole, may be a bill, resolutions, draught of an address, &c.,
    and it may either originate with them or be referred to them. In every
    case the whole paper is read first by the Clerk, and then by the
    chairman, by paragraphs, Scob., 49, paus

    [[Page 198]]
    to go into Committee of the Whole for such a purpose, except by
    unanimous consent.

      In the House of Representatives it has generally been held that a
    select or standing committee may not report a bill unless the subject
    matter has been referred to it (IV, 4355-4360), except that under the
    modern practice reports filed from the floor as privileged pursuant to
    clause 4(a) of rule XI have been permitted on bills and resolutions
    originating in certain committees and not formally referred thereto.
    Pursuant to this paragraph some committees have originated drafts of
    bills for consideration and amendment prior to the introduction and
    referral of a numbered bill to committee(s). In the older practice the
    Committee of the Whole originated resolutions and bills (IV, 4705); but
    the later development of the rules governing the order of business would
    prevent the offering of a motion

    Sec. 413. Order of amendment bills in the House.

      The  natural
    order in considering and amending any paper is, to begin at the
    beginning, and proceed through it by paragraphs; and this order is so
    strictly adhered to in Parliament, that when a latter part has been
    amended, you cannot recur back and make an alteration in a former part.
    2 Hats., 90. In numerous assemblies this restraint is doubtless
    important. But in the Senate of the United States, though in the main we
    consider and amend the paragraphs in their natural order, yet
    recurrences are indulged; and they seem, on the whole, in that small
    body, to produce advantages overweighing their inconveniences.

      In the House of Representatives, amendments to House bills are made
    before the previous question is ordered, pending the engrossment and
    third reading (IV, 3392; V, 5781; VII, 1051), and to Senate bills before
    the third reading (IV, 3393). Amendments may be offered to any part of
    the bill without proceeding consecutively section by section or
    paragraph by paragraph (IV, 3392). In Committee of the Whole, bills are
    read section by section or paragraph by paragraph and after a section or
    paragraph has been passed it is no longer subject to amendment (clause 5
    of rule XXIII; Sec. 872, infra; July 12, 1961, p. 12405).

    [[Page 199]]
    alteration of the preamble. Scob., 50; 7 Grey, 431.

    Sec. 414. Preamble amended after the body of the bill or
    resolution has been considered.

      To  this natural order of beginning at the
    beginning there is a single exception found in parliamentary usage. When
    a bill is taken up in committee, or on its second reading, they postpone
    the preamble till the other parts of the bill are gone through. The
    reason is, that on consideration of the body of the bill such
    alterations may therein be made as may also occasion the

      On this head the following case occurred in the Senate, March 6, 1800:
    A resolution which had no preamble having been already amended by the
    House so that a few words only of the original remained in it, a motion
    was made to prefix a preamble, which having an aspect very different
    from the resolution, the mover intimated that he should afterwards
    propose a correspondent amendment in the body of the resolution. It was
    objected that a preamble could not be taken up till the body of the
    resolution is done with; but the preamble was received, because we are
    in fact through the body of the resolution; we have amended that as far
    as amendments have been offered, and, indeed, till little of the
    original is left. It is the proper time, therefore, to consider a
    preamble; and whether the one offered be consistent with the resolution
    is for the House to determine. The mover, indeed, has intimated that he
    shall offer a subsequent proposition for the body of the resolution; but
    the House is not in possession of it; it remains in his breast, and may
    be withheld. The rules of the House can only operate on what is before
    them. The practice of the Senate, too, allows recurrences backward and
    forward for the purpose of amendment, not permitting amendments in a
    subsequent to preclude those in a prior part, or e converso.

    [[Page 200]]
    (IV, 3414; V, 5469, 5470; VII, 1064), but the preamble is not voted on
    separately in the later practice even if amended, since the question on
    passage covers the preamble as well as the resolving clause (Oct. 29,
    1975, p. 34283). After an amendment to the preamble has been considered
    it is too late to propose amendments to the text of the bill (VII,
    1065). In Committee of the Whole, amendments to the preamble of a joint
    resolution are considered following disposition of any amendments to the
    resolving clause (Mar. 9, 1967, pp. 6032-34; Mar. 22, 1967, pp. 7679-83;
    May 25, 1993, p. ----). On the passage of a joint resolution a separate
    vote may not be demanded on the preamble (V, 6147, 6148); but where a
    simple resolution of the House has a preamble, the preamble may be laid
    on the table without affecting the status of the accompanying resolution
    (V, 5430). Amendments to the preamble of a concurrent or simple
    resolution are considered in the House following the adoption of the
    resolution (Dec. 4, 1973, p. 39337; June 8, 1970, pp. 18668-71). The
    House considers an amendment reported from the Committee of the Whole to
    the preamble of a Senate joint resolution following disposition of
    amendment to the text and pending third reading (May 25, 1993, p. ----).

      In the practice of the House of Representatives the preamble of a
    joint resolution is amended after the engrossment and before the third
    reading

    Sec. 415. Directions of a committee for making of its
    report.

      When  the committee is through the whole, a Member moves that the
    committee may rise, and the chairman report the paper to the House, with
    or without amendments, as the case may be. 2 Hats., 289, 292; Scob., 53;
    2 Hats., 290; 8 Scob., 50.

    [[Page 201]]

      Clause 2(l)(1)(A) of rule XI provides that it shall be the duty of the
    Chairman of each committee to report or cause to be reported promptly
    any measure approved by his committee and to take or cause to be taken
    necessary steps to bring the matter to a vote; and in any event, the
    report of a committee must be filed within seven calendar days
    (exclusive of days when the House is not in session) after a majority of
    the committee has invoked the procedures of clause 2(l)(1)(B) of rule
    XI. In the House of Representatives, a committee may order its report to
    be made by the chairman (IV, 4669), or by any other member of the
    committee (IV, 4526), even though he be a member of the minority party
    (IV, 4672, 4673; VIII, 2314). A committee report may be filed by a
    Delegate (July 1, 1958, p. 12870). Only the chairman makes a report for
    the Committee of the Whole (V, 6987).

    Sec. 416. As to reconsideration of a vote in committee.

      When  a vote is once passed in a committee it cannot be altered but by the
    House, their votes being binding on themselves. 1607, June 4.

      This provision of the parliamentary law has been held to prevent the
    use of the motion to reconsider in Committee of the Whole (IV, 4716-
    4718; VIII, 2324, 2325) but it is in order in the House as in the
    Committee of the Whole (VIII, 2793). The early practice seems to have
    inclined against the use of the motion in a standing or select committee
    (IV, 4570, 4596), but there is a precedent which authorized the use of
    the motion (IV, 4570, 4596), and on June 1, 1922, the Committee on Rules
    rescinded previous action taken by the committee authorizing a report.
    In the later practice the motion to reconsider is in order in committee
    so long as the measure remains in possession of the committee and the
    motion is not prevented by subsequent actions of the committee on the
    measure, and may be entered on the same day as action to be reconsidered
    or on the next day on which the committee convenes with a quorum present
    to consider the same class of business (VIII, 2213), but a session
    adjourned without having secured a quorum is a dies non and not to be
    counted in determining the admissibility of a motion to reconsider
    (VIII, 2213). This provision does not prevent a committee from reporting
    a bill similar to one previously reported by such committee (VIII,
    2311).

    Sec. 417. Method of noting amendments to a bill in
    committee.

      The  committee may not erase, interline, or blot the bill
    itself; but must, in a paper by itself set down the amendments, stating
    the words which are to be inserted or omitted, Scob., 50, and where, by
    references to page, line, and word of the bill. Scob., 50.

      This practice is still in force as to Senate bills of which the
    engrossed copies cannot be in any way interlined or altered by House
    committees. Original copies of House bills are not referred to
    committees but are maintained indefinitely by the Clerk. Both House and
    Senate bills are now printed as referred, and committees may thus report
    either with proposed amendments. In the ``official papers'' (signed
    engrossed copies), the engrossed House amendments to a Senate bill would
    still be shown as a separate message attached to the Senate engrossed
    bill when returned to the Senate.