    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 220-222]
    [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]]

    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 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

      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). If 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.

    [[Page 222]]

    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.-

    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

    [Page [223]]

    tinues 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. 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 con

    [Page [224]]

    ered (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).

    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 consid

      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. 413, 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.