[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 220-223]
[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 221]]


  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 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 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; Deschler, ch. 22, Sec. 2.2). 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.



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 222]]

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 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.

[[Page 223]]

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




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).





  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 under the five-minute rule must be confined to the portion 
of the measure then pending. Moreover, the previous question may be 
moved on any pending amendment.