[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 143-146]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                          sec. xi.--committees.




Sec. 317. Appointment of standing committees; and 
designation and duties of chairmen thereof.

  Standing  committees, as of 
Privileges and Elections, &c., are usually appointed at the first 
meeting, to continue through the session. The person first named is 
generally permitted to act as chairman. But this is a matter of 
courtesy; every committee having a right to elect their own chairman, 
who presides over them, puts questions, and reports their proceedings to 
the House. 4 inst., 11, 12; Scob., 9; 1 Grey, 122.



[[Page 144]]

  Prior to the 62d Congress, standing as well as select committees and 
their chairmen were appointed by the Speaker, but under the present form 
of rule X, adopted in 1911, continued as a part of the Legislative 
Reorganization Act of 1946, and revised under the Committee Reform 
Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), 
standing committees and their respective chairmen are elected by the 
House (IV. 4448; VIII, 2178). Owing to their number and size, committees 
are not usually elected immediately, but resolutions providing for such 
elections are presented by the majority and minority parties pursuant to 
clause 6 of rule X as soon as they are able to perfect the lists. A 
committee may order its report to be made by the chairman, or by some 
other member (IV, 4669), even by a member of the minority party (IV, 
4672, 4673), or by a delegate, July 1, 1958 (Burns of Hawaii) p. 12871; 
and the chairman sometimes submits a report in which he has not 
concurred (IV, 4670). Clause 2(l)(1)(A) of rule XI requires that a 
report which has been approved by the committee must be filed with the 
House within seven calendar days after a written request from a majority 
of the committee is submitted to the committee clerk.



Sec. 318. Parliamentary law as to debate in standing and 
select committees.

  At  these committees the members are to speak standing, 
and not sitting; though there is reason to conjecture it was formerly 
otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 2 Hats., 77.





Sec. 319. Secrecy of committee procedure.

  Their  proceedings 
are not to be published, as they are of no force till confirmed by the 
House. Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39.* * *


  In the House of Representatives it is entirely within rule and usage 
for a committee to conduct its proceedings in secret (IV, 4558-4564; see 
also clause 2(g) of rule XI), and the House itself may not abrogate the 
secrecy of a committee's proceedings except by suspending the rule (IV, 
4565). The House has no information concerning the proceedings of a 
committee not officially reported by the committee (VII, 1015) and it is 
not in order in debate to refer to executive session proceedings of a 
committee which have not formally been reported to the House (V, 5080-
5083; VIII, 2269, 2485, 2493; June 24, 1958, pp. 12120, 12122; Apr. 5, 
1967, pp. 8411-12). A Member was, however, permitted to refer to the 
unreported executive session proceedings of a subcommittee to justify 
his point of order that a resolution providing for a select committee to 
inquire into action of the subcommittee was not privileged (June 30, 
1958, pp. 12690-91). In one case the House authorized the clerk of a 
committee to disclose by deposition its proceedings (III, 2604). Where a 
committee takes testimony it is sometimes very desirable that the 
proceedings be secret (III, 1694), as in the investigation in the Bank 
of the United States in 1834, when the committee determined that its 
proceedings should be confidential, not to be attended by any person not 
invited or required (III, 1732). It is for the committee, in its 
discretion, to determine whether the proceedings of the committee shall 
be open or not (clause 2(g) of rule XI). Clause 2(k) of rule XI 
establishes the procedure for closing a hearing because of defamatory, 
degrading, or incriminating testimony. Clause 4 of rule XLVIII 
establishes special rules governing the closing of hearings of the 
Permanent Select Committee on Intelligence.


[[Page 145]]

<>   * * * Nor 
can they receive a petition but through the House. 9 Grey, 412.
  Under clauses 2(a)(1) and 2(g)(1) and (2) of rule XI, all hearings and 
business meetings conducted by standing committees shall be open to the 
public, except when a committee, in open session, by rollcall vote, with 
a majority present, determines to close the meeting or hearing for that 
day.




Sec. 321. Parliamentary law of procedure when a committee 
inquiry involves a Member.

  When  a committee is charged with an inquiry, if 
a Member prove to be involved, they can not proceed against him but must 
make a special report to the House; whereupon the Member is heard in his 
place, or at the bar, or a special authority is given to the committee 
to inquire concerning him. 9 Grey, 523.



[[Page 146]]



Sec. 322. Practice of House when a committee inquiry 
involves a Member.

  While  the authority of this principle has not been 
questioned by the House, there have in special instances been deviations 
from it. Thus, in 1832, when a Member had been slain in a duel, and the 
fact was notorious that all the principals and seconds were Members of 
the House, the committee, charged only with investigating the causes and 
whether or not there had been a breach of privilege, reported with their 
findings recommendations for expulsion and censure of the Members found 
to be implicated. There was criticism of this method of procedure as 
deviating from the rule of Jefferson's Manual, but the House did not 
recommit the report (II, 1644). In 1857, when a committee charged with 
inquiring into accusations against Members not named found certain 
Members implicated, they gave them copies of the testimony and 
opportunities to explain to the committee, under oath or otherwise, as 
they individually might prefer (III, 1845), but reported recommendations 
for expulsion without first seeking the order of the House (II, 1275; 
III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831, 
2637). But the House, in a case wherein an inquiry had incidentally 
involved a Member, evidently considered the parliamentary law as 
applicable, since it admitted as of privilege and agreed to a resolution 
directing the committee to report the charges (III, 1843). And in cases 
wherein testimony taken before a joint committee incidentally impeached 
the official characters of a Member and a Senator, the facts in each 
case were reported to the House interested (III, 1854). A select 
committee, appointed to report upon the right of a Member-elect to be 
sworn (H. Res. 1, 90th Cong., pp. 14-27, Jan. 10, 1967), invited him to 
appear, to testify, and permitted him to be accompanied by counsel (see 
H. Rept. 90-27).





Sec. 323. Inquiries involving Members of other 
House.

  And  where one House, by its committee, has found a Member of the 
other implicated, the testimony has been transmitted (II, 1276; III, 
1850, 1852, 1853). Where such testimony was taken in open session of the 
committee, it was not thought necessary that it be under seal when sent 
to the other House (III, 1851).





Sec. 324. Duty of chairman of a committee when the House 
sits.

  So  soon as the House sits, and a committee is notified of it, the 
chairman is in duty bound to rise instantly, and the members to attend 
the service of the House. 2 Nals., 319.



  For the current practice of the House, see the annotation following 
clause 2(i) of rule XI (Sec. 710, infra).




Sec. 325. Action of joint committees.

  It  appears that on 
joint committees of the Lords and Commons each committee acted 
integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1 
Chandler, 357, 462. In the following instances it does not appear 
whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.



  It is the practice in Congress that joint committees shall vote per 
capita, and not as representatives of the two Houses (IV, 4425), 
although the membership from the House of Representatives is usually, 
but not always (IV 4410), larger than that from the Senate (III, 1946; 
IV, 4426-4431). But ordinary committees of conference appointed to 
settle differences between the two Houses are not considered joint 
committees, and the managers of the two Houses vote separately (V, 
6336), each House having one vote. A quorum of a joint committee seems 
to have been considered to be a majority of the whole number rather than 
a majority of the membership of each House (IV, 4424). The first named 
of the Senate members acted as chairman in one notable instance (IV, 
4424), and in another the joint committee elected its chairman (IV, 
4447).