After the yeas and nays have been ordered on a motion to refer, and a response has been made, it is too late to move to amend the motion to refer and the rollcall must proceed.1

Appeals From References:

An appeal will lie from any decision by the Chair as to the reference of any bill.15

While an appeal from a decision of the Chair referring a bill is pending, a motion that when such committee has concluded its hearing the bill be referred to another committee is not in order.16

A motion to refer the bill to two committees while the appeal is pending would be in violation of the rule providing for a mandatory reference to the committee having jurisdiction over the preponderance of the subject matter in the bill."7

17

Appeals on References, Debate of:

See "Appeals, Debate of,” pp. 390–392.

Appropriations, References of:

See "Committee on Appropriations, Jurisdiction of,” p. 109.

Bills and Resolutions, Reference to Committees:

See also "Reading of Bill," pp. 174-179; "House-Passed Bill and Like Senate Bill, No Reference of," pp. 727-728; "Reference of," p. 561; "Reference of Resolutions To Change Rules," p. 778; "Treaties," "Reference to Committee," p. 826.

Bills and resolutions, nominations, messages, and communications, petitions, memorials, and other matters are referred to one of the standing committees as provided for

(Continued)

1943, 78-1, Record, pp. 588, 589; July 11, 1939, 76-1, Record, pp. 8808, 8809; Feb. 1, 1932, 72-1, Record, pp. 2981-84; Jan. 29, 1923, 67-4, Record, pp. 2649, 2050; Apr. 5, 1922, 67-2, Record, pp. 5049-54; Feb. 12, 1915, 63–3, Record, p. 3628; Mar. 28, 1914, 63-2, Record, p. 5651; Mar. 20, 1914, 63-2, Record, pp. 5162-63; May 19, 1884, 48-1, Record, p. 4273.

13 July 11, 1939, 76–1, Record, pp. 8808-09.

14

May 23, 1908, 60-1, Record, p. 6805.

15 P.L. 601 of 79th Congress, sec. 137; see Jan. 25, 1962, 87-2, Record, pp. 941-43.

18

See Mar. 18, 1959, 86-1, Record, p. 4474.

17 Ibid.

in Rule XXV,18 or to the Joint Committee on Atomic Energy," or Select Committee on Standards and Conduct." A motion to refer a part of a bill to a committee is not in order.21

The Senate can refer a bill to a special committee preliminary to reference to a standing committee."

In 1934, a message from the President of the United States relating to the control of arms and munitions traffic was referred to a special Senate committee.23

A motion to refer a treaty with instructions to a special committee of six Senators was held in 1919 to be a proper motion and in order."

It is not in order to refer a Senate resolution of inquiry to a special committee 25 or a Senate bill to a special joint committee of the two Houses,26 unless the committee is given jurisdiction to consider and report such legislation by the Senate or by joint action of the two Houses, as the case might require.

Under the Reorganization Act of 1946 (Sec. 137), the Presiding Officer, in any case in which a controversy arises as to the jurisdiction of any standing committee with respect to any proposed legislation, shall refer a bill or resolution without debate to "that committee which has jurisdiction over the subject matter which predominates in such proposed legislation," subject to an appeal to the Senate; which is debatable.27

A Senator, as a matter of right, cannot have a bill referred to a particular committee upon his request."

28

When a measure is introduced, unless some other disposition is made of it at that time by unanimous consent or brought up on motion as privileged business, it will be referred to the appropriate committee; 29 after the second reading of a bill it will be referred under the rule, unless some other steps are taken by the Senate."

18 Rule XXV, sec. 1.

10 42 U.S.C. 1815.

30

Apr. 6, 1946, 79-2, Record, p. 3238.

21 May 18, 1934, 73–2, Journal, p. 429, Record, p. 9095.

24 Nov. 19, 1919, 66-1, Record, pp. 8786-89.

25 Mar. 30, 1943, 78-1, Record, p. 2731.

26

27

May 27, 1921, 67-1, Journal, p. 117, Record, p. 1823.

May 3, 1948, 80-2, Record, p. 5190; P.L. 601 of 79th Cong., sec. 137; see also May 27, 1948, 80-2, Record, p. 6552.

28

20 June 17, 1954, 83-2, Journal, p. 382.

July 11, 1939, 76–1, Record, pp, 8806–07, 8808.

If a bill is read twice when introduced (or assumed to have been read twice) at the proper time, and no objection is heard to its further consideration, or if no other action is taken on the bill, under Rule XIV and Section 137 of the Legislative Reorganization Act of 1946, as amended, the Chair automatically refers the bill to the appropriate committee.31

Before the Legislative Reorganization Act of 1946, a motion to refer a measure was in order, during the Morning Hour, after the second reading; 33 under Senate practice, since the enactment of that law, a measure must actually be before the Senate in order for a Senator to make a motion to refer it to a committee," and not just a motion pending to proceed to its consideration.35

Under the present rule and practice, the Presiding Officer makes the reference of bills to committees, both those introduced in the Senate and House bills messaged to the Senate. An appeal may be taken from the decision of the Chair in making the reference, at the time it is made.36

A Senate bill upon its introduction or a House bill which has been messaged to the Senate, upon objection to further proceedings on it after its second reading, under Rule XIV, paragraph 4, may be placed on the Calendar instead of being referred.37

In 1948, under a decision of the Senate, after a House bill had been messaged to the Senate and objection had been made to its further consideration at that time, a question of reference of the bill was raised, under Section 137 of the Legislative Reorganization Act of 1946, which momentarily stayed any action of placing the bill on the Calendar. Å point of order was then made regarding the priority of rights under Rule XIV, paragraph 4, as compared to Section 137 of the Legislative Reorganization Act.

31

See Dec. 15, 1969, 91-1, Record, pp. 39098–39100; Aug. 5, 6, and Sept. 8, 1971, 92-1, Record, pp. 30046-48, 30213-16, 30889–90.

"P.L. 601 of 79th Cong.

"Nov. 2, 1893, 53-1, Record, p. 3075; May 9, 1913, 63-1, Record, pp. 1393, 1408, 1409.

35

"See Dec. 23, 1932, 72–2, Record, p. 958; May 5, 1952, 82-2, Record, p. 4759. July 16, 1932, 72-1, Journal, p. 733, Record, p. 15649; Dec. 16, 1924, 68-2, Journal, p. 38; Feb. 4, 1943, 78–1, Record, pp. 587-588; Apr. 7, 1948, 80-2, Record, p. 4173; July 3, 1943, 78-1, Record, p. 7091; see also July 25, 1951, 82-1, Record, p. 8806; July 5, 1952, 82–2, Record, p. 4759.

P.L. 601 of 79th Cong., sec. 137; see Jan 25, 1962, 87-2, Record, pp. 941-43. "Mar. 2, 1931, 71-3, Journal, p. 309; Jan. 16, 1932, 72–1, Journal, p. 154:

37

see also May 3, 1948, 80-2, Record, pp. 5168–72; see also procedure on H.R. 627, July 23, 24, and 25, 1956, 84-2, Record, pp. 13937, 14160-63, 14171, 14216, 14323-28.

Under Rule XX, the Chair then submitted the following question to the Senate for decision: "Is the point of order of the Senator *** well taken?" The point of order was not sustained and the Chair under Section 137 of the Legislative Reorganization Act of 1946 made the reference, from which an appeal was in order.38

In 1957, and on other occasions under a like situation, an objection, under paragraph 4 of Rule XIV, having been made to further proceedings on a House bill which had been read twice without being referred, the Senate reversed its decision of 1948, and decided that Rule XXV, which provided, among other things for mandatory references of bills, as amended by the Legislative Reorganization Act of 1946, did not supersede and annul said paragraph 4 of Rule XIV.3

39

A point of order under such circumstances is not debatable, if the Chair chooses to rule, but if an appeal is taken from the decision of the Chair, that would be debatable; if the ruling of the Chair is sustained, the bill will be placed on the Calendar," and a motion to refer at that point with or without instructions, would not be in order."

Thus under current procedure, under Rule XIV, after a bill, including a House-passed bill messaged to the Senate, is read a second time and objection is heard to its further consideration at that time, the Chair will order the bill placed on the Calendar; "2 and a Senator has a right to object to further proceedings after the second reading which would place it on the Calendar until the Senate takes some other action on the bill.43

42

In 1919 the Chair ruled that a bill or joint resolution after its second reading must be referred to a committee when objection was made to placing it on the Calendar."

38

May 3 and 4, 1948, 80-2, Record, pp. 5170-72, 5176, 5219-29; see also July 23, 1962, 87-2, Record, pp. 14503-04; Aug. 9, and 13, 1962, 87-2, Record, pp. 16112, 16317-21, 16325.

20 'Feb. 26, 1964, 88–2, Record, pp. 3693–97, 3719; June 20, 1957, 85-1, Journal, pp. 332-333, Record, pp. 9778-9827, 9814; see also June 19, 1957, 85-1, Record, pp. 9624, 9627; June 17, 1957, 85–1, Record, pp. 9257-93.

40 Feb. 26, 1964, 88–2, Record, pp. 3693–97, 3719.

41 Ibid.

12 Aug. 12, 1966, 89–2, Record, p. 19174; Apr. 29 and 30, 1971, 92–1, Record, pp. 12779-81 12792-93; Dec. 22 and 28, 1970, 91-2, Record, pp. 43188, 43590; Aug. 31. 1964, 88-2, Record, pp. 21070-71; Feb. 25, 1964, 88-2, Record, pp. 3497-3500; Feb. 26, 1964, 88-2, Record, pp. 3693-97, 3719; Aug. 11, 1970, 91-2, Record, P. 28257; Dec. 15, 1969, 91-1, Record, pp. 39098–100; see Aug. 10, 1966, 89–2, Record, p. 18872.

43 See Dec. 15, 1969, 91-1, Record, pp. 39098–100.

By order of the Senate, a bill may be introduced during a recess of the Senate, the first and second readings waived, and the bill referred; or if an original bill is reported by order during a recess the first and second reading will be waived and the bill placed on Calendar.*

By unanimous consent bills and messages of the President of the United States have been referred to two committees jointly."

Under unanimous consent procedure, a bill referred to a committee was reported with a substitute, and then referred to another committee, which reported the bill with an amendment to the substitute; then, under an agreement, the bill as reported from the latter committee was considered as an original bill, and the amendments presumed to have been agreed to.""

Nominations, under unanimous consent procedure, have been confirmed without reference to a committee.48

In 1933 certain Senate bills which had been duly passed by the two Houses too late to be presented to the President before the expiration of Congress, were reintroduced in the next Congress and passed without reference to a committee.49

Under a unanimous consent agreement limiting the transaction of business in the Senate for a certain period, the reference of House bills and the presentation of reports of committees were held not to be in order.50

Calendar, Bills on:

See also "Motions To Refer," pp. 729–731.

A bill having been placed on the Calendar under Rule XIV, Clause 4, a motion to refer the bill, with or without instructions, is not in order until the bill is before the Senate; a unanimous consent request would be in order."1

15 Sept. 10 and 14, 1942, 77-2, Record, pp. 7098, 7117; Feb. 5, 1954, 83-2, Record, p. 1390; Mar. 7 and 12, 1946, 79-2, Record, p. 2168.

46 July 28, 1949, 81-1, Record, p. 10327; Aug. 5, 1949, 81-1, Journal, p. 621; Jan. 23, 1951, 82-1, Record, pp. 544-546; July 30, 1951, 82-1, Record, p. 9136; Apr. 26, 1951, 82-1, Record, pp. 4395-97; see also Mar. 13, 1952, 82-2, Record, p. 2276.

48

561.

Feb. 9 and 13, 1940, 76-3, Record, pp. 1270, 1404.

July 2, 1945, 79-1, Record, p. 7110; see also "Nominations," "Reference of," p.

40 Mar. 10, 1933, 73-1, Journal, p. 17, Record, p. 126.

50 May 29 and June 10 and 13, 1916, 64-1, Journal, p. 412, Record, pp. 9431, 9432, 9481.

51 See Dec. 15, 1969, 91-1, Record, pp. 39098-100.