    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 204-215]
    [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.

      This paragraph is to a large extent obsolete. Bills are referred in
    the first instance by the Speaker to standing committees as prescribed
    by the rules (rule XII), 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 of a specified number of persons (IV, 4402). But
    such committee is appointed only by the Speaker (clause 11 of rule I).

    [[Page 205]]

      Clause 2 of rule XIX 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, 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 206]]

      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, 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 7 of rule XIII; III, 1871; IV, 4695) or
    is provided privilege under statutes enacted under the rulemaking power
    of the House (see Sec. 1130, infra), the motion to discharge is
    admitted. The motion is not debatable (III, 1868; IV, 4695), except as
    follows: (1) under statutory procedures; (2) under clause 2 of rule XV;
    and (3) under modern practice of the House, a motion to discharge a
    vetoed bill (Mar. 7, 1990, p. 3620; Sept. 19, 1996, p.
    23815). The motion 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 207]]

    of direction by the House, committees designate the time and place of
    their meetings (VIII, 2214).
      For discussion of committee procedure generally, see Sec. 791, infra.
    In the House the standing committees usually meet in their committee
    rooms, but there is no rule requiring them to meet there, and in the
    absence

      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 208]]

    by those concurring in them (IV, 4671; VIII, 2229). In a case where a
    majority of a committee signed a report it was held 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 of business) and not when filed in the hopper
    (May 16, 1989, p. 9356). A resolution including an allegation
    that the chairman deliberately and improperly refused to recognize a
    legitimate and timely objection by a member of the committee to dispense
    with the reading of an amendment and resolving that the House
    disapproves of the manner in which the chairman conducted the markup and
    finding that the bill considered at that markup was not validly ordered
    reported was held to constitute a question of the privileges of the
    House (July 18, 2003, p. ----; July 23, 2003, p. ----).

    <>   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(h) of rule XI). For each record 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 3 of rule
    XIII). 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 of rule XIII); 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 of rule XIII).
    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 of rule
    XIII, 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(h) 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

    [[Page 209]]

    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).
      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 is actually present
    (clause 2(h) of rule XI); nor shall a committee or subcommittee vote
    without a majority present

      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 committee 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 (1949)). 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 (1950); United States v. Fleischman, 339 U.S. 349 (1950)).

    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 clause
    2(g) 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.

    [[Page 210]]

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

    [[Page 211]]

    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, pausing 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.

      In the House 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 5 of rule
    XIII 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 to go into Committee of the Whole for such a purpose, except
    by unanimous consent.

    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.

    [[Page 212]]

      In the House, 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 XVIII;
    Sec. 980, infra; July 12, 1961, p. 12405).

    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 alteration of
    the preamble. Scob., 50; 7 Grey, 431.

    [[Page 213]]

    mains 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.

      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 re

      In the practice of the House the preamble of a joint resolution is
    amended after the engrossment and before the third reading (IV, 3414; V,
    5469, 5470; VII, 1064), but the preamble of the joint resolution 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. 11036). 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.
    11036).

    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 214]]

    the House is not in session) after a majority of the committee has
    invoked the procedures of clause 2 of rule XIII. In the House 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).

      Clause 2 of rule XIII 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

    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.

    [[Page 215]]

    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.

      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