[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.