[110th Congress House Rules Manual -- House Document No. 109-157]
[From the U.S. Government Printing Office Online Database]
[DOCID:hruletx-30]
[Page 205-216]
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 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 standing 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).
Clause 2 of rule XIX 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.
[[Page 206]]
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.
This provision is inapplicable in the House because committees have
majority and minority representation (IV, 4467, 4477, footnote).
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. * * *
[[Page 207]]
This procedure is rarely followed in the House, 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 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).
* * * <<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. 791, 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).
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
[[Page 208]]
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(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 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).
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 chairman
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. ----).
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 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). 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 of rule
XIII, 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 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).
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
[[Page 209]]
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
of business) and not when filed in the hopper (May 16, 1989, p. 9356). A
resolution including an allegation that the chairman 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 chairman
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, p. ----; July 23, 2003, p.
----).
<<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;
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 is actually present
(clause 2(h) 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
[[Page 210]]
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 (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 where 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).
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 clause
2(g) 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).
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 committees may recommend amendments to the body of a bill
or to the title but may not otherwise change the text.
[[Page 211]]
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, 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.
[[Page 212]]
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 from the floor 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 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 amending 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, 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 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 213]]
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 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 re
[[Page 214]]
mains 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, 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. 11036). 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.
11036).
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 Hats., 289, 292; Scob., 53;
2 Hats., 290; 8 Scob., 50.
Clause 2 of rule XIII 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
[[Page 215]]
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 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 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).
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 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
[[Page 216]]
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.