[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 Printing 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