    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 204-215]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                          sec. xxvi--bills, commitment

    [[Page 205]]

    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.

    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

      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).

      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.

    [[Page 206]]

    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.

      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).

    [[Page 207]]

    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.

      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 of direction by the House, committees designate the time and
    place of their meetings (VIII, 2214).

      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).

    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).

       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).

    [[Page 208]]

    (clause 3 of rule XIII). A resolution alleging that a committee report
    on a bill contained descriptions of recorded votes on certain amendments
    as prescribed by clause 3(b) of rule XIII that were deliberate
    mischaracterizations and directing the chairman of the committee to file
    a supplemental report to change those descriptions (May 3, 2005, p. ----
    ).
      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

      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).

      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
    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).

    [[Page 209]]

    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.

      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

      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 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).

      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.

    [[Page 210]]

    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).

      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

    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.

      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]]

    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.

    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

      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 before 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.

    [[Page 212]]

    produce advantages overweighing their inconveniences.

    Sec. 413. Order of amending 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

      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]]

    olution; 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
    remains 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 res

    [[Page 214]]

      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.

      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 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).

    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.

    [[Page 215]]

      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.

      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 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.