    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 214-218]
    [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 215]]

    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,
    taking 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

      The House may proceed ``in the House as in Committee of the Whole''
    only by unanimous consent (IV, 4923) or special rule (Dec. 18, 1974, p.
    40858). 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). 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 XVIII), 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.

      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, see Sec. 427, infra.

    [[Page 216]]

    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 217]]

    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 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

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

      In  the modern practice of the House, 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 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, p. 21314). 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).

    [[Page 218]]

    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).

      The procedures applicable in the House as in the Committee of the
    Whole generally apply to proceedings in committees of the House, 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