[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress] [104th Congress] [House Document 103-342] [Jeffersons Manual of ParliamentaryPractice] [Pages 191-201] [From the U.S. Government Printing 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. |
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, 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. |
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. |
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. * * * |
Sec. 405. Commital with directions to report forthwith. | When 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). |
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 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 under clause 3 of rule XXVII, and 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 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. |
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(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 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 |
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. |
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. |
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 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, paus |
Sec. 413. Order of amendment 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. |
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 on consideration of the body of the bill such alterations may therein be made as may also occasion the |
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. |
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. |
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. |