    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 233-236]
    [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.

      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?

    [[Page 234]]

    ation 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.
      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 consider

      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 235]]

    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.
    In the midst of a debate it receives a motion to adjourn, and adjourns
    as a House, not as a committee.

    [[Page 236]]

    Sec. 426. Motions and procedure in quasicommittee in
    Jefferson's time.

      How  far does this XXVIIIth rule 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;

    Sec. 427. Motions and procedure ``in the House as in
    Committee of the Whole.''

      The  references above to ``the XXVIIIth rule''
    are references to the Senate rules at the time of Jefferson's writing.
    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. 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.