    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 208-212]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                           sec. xxx.--quasi-committee.

    Sec. 424. Procedure ``in the House as in Committee of the
    Whole.''

      If  on motion and question the bill be not committed, or if no
    proposition for commitment be made, then the proceedings in the Senate
    of the United States and in Parliament are totally different. The former
    shall be first stated.

    [[Page 209]]

    ing no question but on amendments. When through the whole, they
    consider the quasi-committee as risen, the House resumed without any
    motion, question, or resolution to that effect, and the President
    reports that ``the House, acting as in a Committee of the Whole, have
    had under their consideration the bill entitled, &c., and have made
    sundry amendments, which he will now report to the House.'' The bill is
    then before them, as it would have been if reported from a committee,
    and the questions are regularly to be put again on every amendment;
    which being gone through, the President pauses to give time to the House
    to propose amendments to the body of the bill, and, when through, puts
    the question whether it shall be read a third time?

      The proceeding of the Senate as in a Committee of the Whole, or in
    quasi-committee, is precisely as in a real Committee of the Whole,
    tak-

      In the House of Representatives procedure ``in the House as in
    Committee of the Whole'' is by unanimous consent only, as the order of
    business gives no place for a motion that business be considered in this
    manner (IV, 4923). Where the House grants unanimous consent for the
    immediate consideration of a bill on the Union Calendar, or which would
    belong on the Union Calendar if reported, the bill is considered in the
    House as in the Committee of the Whole (Apr. 6, 1966, p. 7749; Aug. 3,
    1970, p. 26918; Procedure, ch. 22, sec. 1.3, and ch. 29, sec. 21). The
    Committee on Rules may report a resolution providing a special order for
    consideration of a measure in the House as in Committee of the Whole
    (Dec. 18, 1974, p. 40858). In the modern practice of the House an order
    for this procedure means merely that the bill will be considered as
    having been read for amendment and will be open for amendment and debate
    under the five-minute rule (Aug. 10, 1970, p. 28050; clause 5 of rule
    XXIII), without general debate (IV, 4924, 4925; VI, 639; VIII, 2431,
    2432). The Speaker remains in the chair and, when the previous question
    is moved, makes no report but puts the question on ordering the previous
    question and then on engrossment and third reading and on passage.

    [[Page 210]]

      For further description of the procedures applicable to the House as
    in the Committee of the Whole, and the application of those procedures
    to committees of the House of Representatives, see Sec. 427, infra.

    Sec. 425. Motion to refer admitted ``in the House as in
    Committee of the Whole.''

      After  progress in amending the bill in quasi-
    committee, a motion may be made to refer it to a special committee. If
    the motion prevails, it is equivalent in effect to the several votes,
    that the committee rise, the House resume itself, discharge the
    Committee of the Whole, and refer the bill to a special committee. In
    that case, the amendments already made fall. But if the motion fails,
    the quasi-committee stands in status quo.-

    [[Page 211]]

    proceed to punish. The first and second of these
    peculiarities attach to the quasi-committee of the Senate, as every
    day's practice proves, and it seems to be the only ones to which the
    XXVIIIth rule meant to subject them; for it continues to be a House,
    and, therefore, though it acts in some respects as a committee, in
    others it preserves its character as a House. Thus (3) it is in the
    daily habit of referring its business to a special committee. 4. It
    admits of the previous question. If it did not, it would have no means
    of preventing an improper discussion; not being able, as a committee is,
    to avoid it by returning into the House, for the moment it would resume
    the same subject there, the XXVIIIth rule declares it again a quasi-
    committee. 5. It would doubtless exercise its powers as a House on any
    breach of order. 6. It takes a question by yea and nay, as the House
    does. 7. It receives messages from the President and the other House. 8.
    In the midst of a debate it receives a motion to adjourn, and adjourns
    as a House, not as a committee.

    Sec. 426. Motions and procedure in quasicommittee in
    Jefferson's time.

      How  far does this XXVIIIth rule [of the Senate] subject
    the House, when in quasi-committee, to the laws which regulate the
    proceedings of Committees of the Whole? The particulars in which these
    differ from proceedings in the House are the following: 1. In a
    committee every member may speak as often as he pleases. 2. The votes of
    a committee may be rejected or altered when reported to the House. 3. A
    committee, even of the whole, cannot refer any matter to another
    committee. 4. In a committee no previous question can be taken; the only
    means to avoid an improper discussion is to move that the committee
    rise; and if it be apprehended that the same discussion will be
    attempted on returning into committee, the House can discharge them, and
    proceed itself on the business, keeping down the improper discussion by
    the previous question. 5. A committee cannot punish a breach of order in
    the House or in the gallery. 9 Grey, 113. It can only rise and report it
    to the House, who may

    [[Page 212]]

    read and open for amendment at any point (Aug. 10, 1970, p. 28050), and
    a motion is in order in the House as in Committee of the Whole to close
    debate on the bill or on an amendment (June 26, 1973, pp. 21314-15). An
    amendment may be withdrawn at any time before action has been had on it
    (IV, 4935; June 26, 1973, p. 21305). An amendment in the nature of a
    substitute is in order after perfecting amendments have been considered
    (IV, 4933, 4934; V, 5788). The title also is amended after the bill has
    been considered (IV, 3416). A quorum of the House (and not of the
    Committee of the Whole) is required in the House as in the Committee of
    the Whole (VI, 639).

    Sec. 427. Motions and procedure ``in the House as in
    Committee of the Whole.''

      In  the modern practice of the House of
    Representatives the rule of Jefferson's Manual is followed to the extent
    that the House, while acting ``in the House as in Committee of the
    Whole'' may deal with disorder, take the yeas and nays, adjourn, refer
    to a committee even though the reading by sections may not have begun
    (IV, 4931, 4932), admit the motion to reconsider (VIII, 2793), receive
    messages (IV, 4923), and use the previous question (VI, 369; Procedure,
    ch. 23, sec. 6.3) (which differs from the previous question of
    Jefferson's time). The previous question may not be moved on a single
    section of a bill (IV, 4930), but it may be demanded on the bill while
    Members yet desire to offer amendments (IV, 4926-4929; VI, 639).
    Formerly a motion to close debate on the pending section of a bill being
    read by section for amendment in the House as in the Committee of the
    Whole was in order (IV, 4935), but under current practice a bill
    considered in the House as in Committee of the Whole is considered as

      The procedures applicable in the House as in the Committee of the
    Whole generally apply to proceedings in committees of the House of
    Representatives, except that a measure considered in committee must be
    read (by section) for amendment (see Sec. 412, supra). Therefore, in
    committee a motion to limit debate under the five-minute rule must be
    confined to the portion of the measure then pending. Moreover, although
    the previous question may be moved on any pending amendment, it may be
    moved on the measure, itself, only when the entire measure has been read
    for amendment (or considered as read by unanimous consent).