[House Rules Manual -- House Document No. 104-272]
[From the U.S. Government Printing Office Online Database]
[Pages 193-204]
[DOCID:hrmanual-32]
sec. xxvi.--bills, commitment.
If <<NOTE: Sec. 401. Parliamentary law (largely obsolete) as to
reference of bills to committees.>> 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
[[Page 194]]
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 under the rules and
practice of the House of Representatives. Bills are referred in the
first instance by the Speaker to standing committees as prescribed by
the rules (rules X and XXII), 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
6(e) of rule X).
Rule XVII 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.
Those <<NOTE: Sec. 402. Obsolete provisions as to constitution of
committees.>> 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.
[[Page 195]]
This provision is entirely inapplicable in the House of
Representatives, 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.
The <<NOTE: Sec. 403. Delivery of bills to committees.>> 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.
In <<NOTE: Sec. 404. Obsolete provision for ordering a committee to
withdraw and bring back a bill.>> 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 of Representatives,
since the order of business does not provide for such a motion unless it
is offered by unanimous consent.
When <<NOTE: Sec. 405. Commital with directions to report
forthwith.>> 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).
The <<NOTE: Sec. 406. Discharge of a committee.>> 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 5 of rule XXII; III, 1871; IV, 4695) or
is provided privilege under statutes enacted under the rulemaking power
of the House (see Sec. 1013, infra), the motion to discharge is
admitted. The motion is not debatable (III, 1868; IV, 4695), except a
motion to discharge under clause 3 of rule XXVII and (in modern
practice) a motion to discharge a committee from the further
consideration of a vetoed bill (Mar. 7, 1990, p. ----; Sept. 19, 1996,
p. ----). 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).
[[Page 196]]
* * * <<NOTE: 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. 704a, infra.
In the House of Representatives 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).
The <<NOTE: Sec. 408. Authorization of reports of committees.>> 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(l)(2)(A) of rule XI). For each rollcall
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
2(l)(2)(B) of rule XI). 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(l)(1)(A) of rule XI); 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(l)(1)(B) of rule XI). 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(l)(1)(A) of rule XI, 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
[[Page 197]]
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). No
measure or recommendation shall be reported from any committee unless a
majority of the committee were actually present (clause 2(l)(2)(A) 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). 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). 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) and not when filed in the hopper (May 16,
1989, p. 9356).
<<NOTE: 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.
Each Committee may fix the number of its members, but not less than
two, to constitute a quorum for taking testimony and receiving evidence;
[[Page 198]]
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 were actually present
(clauses 2(h) and 2(l) 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). 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; United States v. Fleischman, 339 U.S. 349).
Any <<NOTE: Sec. 410. Presence of a Member of the House in a select
committee.>> 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.
This phrase must be read in conjunction with the power of a committee
of the House to conduct proceedings in executive session (see clauses
2(g)(1) and (2) of rule XI). Thus, a committee may close its doors in
executive session 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).
[[Page 199]]
The <<NOTE: Sec. 411. Power of committees over the body and title of a
bill.>> 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 of Representatives committees may recommend amendments to
the body of a bill or to the title but may not otherwise change the
text.
The <<NOTE: Sec. 412. Parliamentary law governing consideration of
bills, etc., in committees.>> 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 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,
[[Page 200]]
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.
In the House of Representatives 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 4(a) of rule XI 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 prior to 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.
The <<NOTE: Sec. 413. Order of amendment bills in the House.>> 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 of Representatives, 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
[[Page 201]]
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 XXIII; Sec. 872, infra; July 12, 1961, p. 12405).
To <<NOTE: Sec. 414. Preamble amended after the body of the bill or
resolution has been considered.>> 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.
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
[[Page 202]]
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 of Representatives 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 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. ----). 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. ----).
When <<NOTE: Sec. 415. Directions of a committee for making of its
report.>> 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
[[Page 203]]
Hats., 289, 292; Scob., 53; 2 Hats., 290; 8 Scob., 50.
Clause 2(l)(1)(A) of rule XI 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(l)(1)(B) of rule
XI. In the House of Representatives, 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).
When <<NOTE: Sec. 416. As to reconsideration of a vote in
committee.>> 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 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).
The <<NOTE: Sec. 417. Method of noting amendments to a bill in
committee.>> 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
[[Page 204]]
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.