    [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 218-229]
    [From the U.S. Government Publishing 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 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 that 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 219]]

      Clause 2 of rule XIX provides that the Speaker may entertain a motion
    to commit to a standing or select committee 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, 1606, 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 inapplicable in the House because committees have
    majority and minority representation (IV, 4467, 4477, footnote).

    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 Publishing 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. * * *

    [[Page 220]]

      This procedure is rarely followed in the House, because the order of
    business does not provide for such a motion.

    Sec. 405. Commital with directions to report
    forthwith.

      When  a bill is under consideration, however, the House, under a
    former version of clause 2 of rule XIX, could have on motion committed
    it with instructions to report forthwith with certain specified
    amendment (V, 5548, 5549), in which case the chair 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 if 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 meets 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. 792, 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).

    [[Page 221]]

    quorum, a majority of the members of the committee may not, without the
    consent of the chair and notice pursuant to clause 2(g)(3) of rule XI,
    call a meeting of the committee on the same day (VIII, 2213). For
    restrictions on committee action during a joint meeting or joint
    session, see clause 2(i) of rule XI.
      Standing committees fix regular meeting days for the transaction of
    business (not less frequently than monthly, under clause 2(b) of rule
    XI), and additional meetings may be called by the chair as noticed
    (clause 2(g)(3) of rule XI) or by a majority of the committee in certain
    circumstances (clause 2(c) of rule XI). On a fixed date of meeting, a
    quorum of the committee may convene and transact business regardless of
    the absence of the chair (VIII, 2214), though as of the 113th Congress
    such regular meeting is held only if properly noticed by the chair (sec.
    2(f)(4), H. Res. 5, Jan. 3, 2013, p. 26). A committee meeting being
    adjourned for lack of a

    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 in which 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).

      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). 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
    deliberately mischaracterized the amendments, and directing the chair of
    the committee to file a supplemental report to change those
    descriptions, qualified as a question of the privileges of the House
    (May 3, 2005, p. 8417).

      It is the duty of the chair of each committee to report or cause to be
    reported promptly any measure approved by the 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).

      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).

    [[Page 222]]

    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).
      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 the Speaker may decide the question if satisfied of
    the validity or of the invalidity of the authorization (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 the
    Speaker

      Where a question was raised regarding a chair'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 chair 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 chair
    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, pp. 18698; July 23, 2003, p.
    19171, 19172).

    Sec. 409. The quorum of a select or standing committee.

        A
    majority of the committee constitutes a quorum for business. Elsynge's
    Method of Passing Bills, 11.

      A majority quorum is required in certain circumstances, such as
    reporting a measure or recommendation (clause 2(h) of rule XI);
    authorizing a subpoena (clause 2(m) of rule XI); closing 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);
    requesting immunity for a witness (18 U.S.C. 6005); releasing executive-
    session material (clause 2(k)(7) of rule XI); and proceeding in open
    session after an assertion under clause 2(k)(5) of rule XI. 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). In the 116th and 117th
    Congresses the House adopted a provision, effective during a designated
    public health emergency, to count for purposes of establishing a quorum
    in committee proceedings all Members participating remotely (sec.
    4(a)(4), H. Res. 965, May 15, 2020, p. _; sec. 3(s), H. Res. 8, Jan. 4,
    2021, p. _).

    [[Page 223]]

    to support a charge of perjury. Christoffel v. United States, 338 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 if 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).

      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

    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.

      [But in 1626, April 24, the House of Commons resolved, that though any
    members may be present at the examination of witnesses, they may not be
    at the debate, disposition or penning of the business by the select
    committee. 4 Hats. 124.]

      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 Ethics,
    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). Formerly, a committee could close its doors in
    executive session meetings to persons not invited or required, including
    Members of the House who were not members of the committee (III, 1694;
    IV, 4558-4565; see discussion at IV, 4540).

    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 224]]

    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.

    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

    [[Page 225]]

    tion 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.

      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 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 introduc

    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 produce advantages overweighing their inconveniences.

      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 the 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).

    [[Page 226]]

    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.

    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

    [[Page 227]]

      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 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.

      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, because the
    question on passage covers the preamble as well as the resolving clause
    (V, 6147, 6148; 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 joint resolution (VII, 1065). In the 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).
    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 228]]

      Clause 2 of rule XIII provides that it shall be the duty of the chair
    of each committee to report or cause to be reported promptly any measure
    approved by the 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 chair (IV, 4669), or by
    any other member of the committee (IV, 4526), even one from the minority
    party (IV, 4672, 4673; VIII, 2314). A committee report may be filed by a
    Delegate (July 1, 1958, p. 12870). Only the chair 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.

      This provision of the parliamentary law has been held to prevent the
    use of the motion to reconsider in the 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 that 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 229]]

      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.