[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-12]
[Page 275-306]
[[Page 275]]
COMMITTEES OF THE WHOLE
A. Generally
Sec. 1. In General
Sec. 2. Jurisdiction and Authority; Reference
Sec. 3. Matters Requiring Consideration in the Committee
Sec. 4. -- Amendments
Sec. 5. Resolving Into the Committee
Sec. 6. -- By Motion
Sec. 7. The Chairman
Sec. 8. -- Limitations on Jurisdiction and Authority
B. Consideration and Debate in Committee
Sec. 9. In General; Quorums
Sec. 10. First Reading
Sec. 11. General Debate
Sec. 12. -- Closing General Debate
Sec. 13. Debate Under the Five-minute Rule; Amendments
Sec. 14. -- Pro Forma Amendments
Sec. 15. Relevancy in Debate
Sec. 16. Calling Members to Order
Sec. 17. Voting
Sec. 18. Points of Order
Sec. 19. Unfinished Business
C. Motion Practice in Committee
Sec. 20. In General
Sec. 21. Precedence of Motions
Sec. 22. Motions Relating to Enacting Clauses
Sec. 23. -- When in Order
Sec. 24. -- Debate
D. Rising; Reporting to the House
Sec. 25. Generally
Sec. 26. Motions to Rise
Sec. 27. -- When in Order
Sec. 28. -- Who May Offer
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Sec. 29. Reporting to the House
Sec. 30. House Action on Committee Reports
Research References
4 Hinds Secs. 4704-4922
8 Cannon Secs. 2318-2430
5 Deschler Ch 19
Manual Secs. 861a-877
A. Generally
Sec. 1 . In General
Role and Functions; Historical Background
The Committee of the Whole has been described as an ancient
parliamentary institution (4 Hinds Sec. 4705), having been derived
from the practice of the English House of Commons. Deschler Ch 19
Sec. 5. The Continental Congress used the Committee of the Whole for
important business on frequent occasions. The concept that the
Committee of the Whole should receive what were called ``the greater
matters of legislation'' has gradually resulted in the usage now
crystallized in Rule XIII clause 1 (Manual Sec. 742), which requires
the reference to it of all bills directly or indirectly raising
revenue, general appropriation bills, and public bills appropriating
money or property. See 4 Hinds Sec. 4705.
The Committee of the Whole meets to consider matters referred to
it under rules designed to expedite consideration and to allow greater
participation by Members in debate. The Committee of the Whole is in
this respect comparable to a standing committee. 4 Hinds Sec. 4706.
The Committee of the Whole is never dissolved, and bills remain on its
calendar until reported after consideration. 4 Hinds Sec. 4705.
Every Member of the House is a member of the Committee of the
Whole. But the Committee may sit with a smaller number (100 Members)
than is required to transact business in the House (218 Members).
Quorums generally, see Quorums.
Distinguishing the Committee of the Whole
The term ``Committee of the Whole'' ordinarily refers to the
Committee of the Whole House on the state of the Union, which
considers public bills. Deschler Ch 19 Sec. 1. Historically, the term
has also been used to refer to the ``Committee of the Whole House,''
which formerly considered business on the Private Calendar. Since
1935, however, bills on the Private Cal-
[[Page 277]]
endar have been considered in the House as in Committee of the Whole;
thus, the term ``Committee of the Whole House'' has no application in
the modern practice of the House. Deschler Ch 19 Sec. 1.
House As In Committee of the Whole
When the House sits as in Committee of the Whole, it does not
actually resolve into the committee; it sits ``as in'' Committee of
the Whole to allow consideration of bills under the five-minute rule
without general debate and with the bill considered as read and open
to amendment at any point. 4 Hinds Sec. 4924; Manual Sec. 424. This
practice is permitted, in the consideration of public bills, only by
unanimous consent (4 Hinds Sec. 4923) or pursuant to a special rule
from the Committee on Rules. 93-2, Dec. 18, 1974, p 40858.
When the House is sitting as in Committee of the Whole, it may
invoke many procedures which are not available to it when it is
meeting in the Committee of the Whole; it may:
<box> Order the yeas and nays (4 Hinds Sec. 4923) by one-fifth of
those present or upon objection for lack of a quorum.
<box> Receive messages from the President of the Senate. 4 Hinds
Sec. 4923.
<box> Permit withdrawal of amendments before action thereon. 4 Hinds
Sec. 4935.
<box> Refer to a committee. 4 Hinds Secs. 4931, 4932.
<box> Entertain the previous question. 4 Hinds Secs. 4926-4929; 6
Cannon Sec. 639.
<box> Entertain the motion to reconsider. 8 Cannon Sec. 2793.
<box> Entertain motions to adjourn. 4 Hinds Sec. 4923.
Significance of the Mace
The position of the mace in the Chamber signifies to the Members
whether the House has resolved itself into the Committee of the Whole.
When the mace is in position on the higher pedestal at the Speaker's
right, the House is in regular session. When the Members begin
deliberations in the Committee of the Whole, the mace is placed on the
lower pedestal next to the desk of the Sergeant at Arms. 89-2, July
13, 1966, p 15403.
Sec. 2 . Jurisdiction and Authority; Reference
Generally; Public Bills
The Committee of the Whole considers business on the Union
Calendar--that is, public bills. 4 Hinds Sec. 4705; Deschler Ch 19
Sec. 1. Bills raising revenue, general appropriation bills, and bills
of a public character directly or indirectly appropriating money or
property, are referred to this calendar. Manual Sec. 742. Where the
purpose of a bill is to raise revenue, even though that purpose is
affected indirectly, the bill is within the jurisdiction of the
Committee of the Whole. 8 Cannon Sec. 2399.
[[Page 278]]
Whether a bill should be referred to the Union Calendar is
governed by the text of the bill as referred to committees, and
amendments reported by the committee reporting it are not considered.
Thus, a bill which includes a charge on the Treasury is referred to
the Union Calendar notwithstanding a committee amendment striking out
that charge. 8 Cannon Sec. 2392.
Measures Other Than Public Bills
Although the jurisdiction of the Committee of the Whole is devoted
primarily to the consideration of public bills, other matters are
sometimes considered in the Committee pursuant to House order. For
example, as noted below, the annual message of the President is
customarily referred to the Committee of the Whole by motion. And
propositions to change the rules of the House are sometimes considered
in Committee of the Whole. 4 Hinds Sec. 4822; 91-2, July 13, 1970, p
23901. Moreover, although there are certain matters, such as
propositions involving a tax or an appropriation, which must, by House
rule, be considered in the Committee (see Sec. 3, infra), it is now
well settled that there are many subjects which are not specified in
the rule which may nevertheless be considered in the Committee of the
Whole. 4 Hinds Sec. 4822.
Referrals; Effect of Special Rules
Reported legislative measures are referred by the Speaker to the
Union Calendar for subsequent consideration in the Committee of the
Whole. Their consideration therein is governed by special rules
reported by the Committee on Rules or by the standing rules applicable
to the Committee of the Whole. See Rule XXIII.
The Committee has no authority to change an order of the House
governing the consideration of a particular measure in the Committee.
4 Hinds Secs. 4712, 4713; 8 Cannon Secs. 2321, 2323. Thus, where the
Committee is considering a bill under a special rule that fixes the
time for debate and the kinds of amendments that may be offered, a
Member may be denied recognition to seek unanimous consent to offer a
measure that is beyond the scope of the special rule (4 Hinds
Secs. 4712, 4713) or to extend the time for debate as fixed thereby (5
Hinds Secs. 5212-5216). Minor modification by unanimous consent, see
Manual Sec. 877 and Special Rules.
Bills are sometimes referred to the Committee of the Whole as a
result of action in the House resulting in its recommittal (4 Hinds
Sec. 4784; Manual Sec. 875) or in unusual situations pursuant to a
motion to recommit in the House either with or without instructions (5
Hinds Secs. 5552, 5553).
[[Page 279]]
Presidential Messages
The President's state of the Union message is referred by motion
to the Committee of the Whole. 90-1, Jan. 10, 1967, p 35; 92-1, Jan.
22, 1971, p 165. Other Presidential messages are normally referred to
the committee having jurisdiction by order of the Speaker. Manual
Sec. 882. At one time, annual messages of the President were referred
to and reported by the Committee of the Whole with recommendations for
reference to the proper standing or select committee, but this
practice was discontinued in the 64th Congress. 8 Cannon Sec. 3350.
Limitations on Authority
The Committee of the Whole is limited as to the powers which it
may exercise. Many procedures and motions traditionally used in the
House may not be invoked in the Committee of the Whole. The Committee
of the Whole may not:
<box> Appoint, authorize, or discharge committees (4 Hinds
Secs. 4697, 4710).
<box> Entertain the question of consideration (7 Cannon Sec. 952)
except pursuant to those provisions of the Unfunded Mandates
Act which permit the question of consideration in the
disposition of certain points of order (Manual Sec. 781a).
<box> Transact proceedings regarding words demanded to be taken down
in debate (2 Hinds Secs. 1257-1259; 8 Cannon Sec. 2539).
<box> Extend the time for debate fixed by the House (8 Cannon
Secs. 2321, 2550; Manual Secs. 871, 877).
<box> Recess without permission of the House (5 Hinds Secs. 6669-
6671).
<box> Instruct conferees (8 Cannon Sec. 2320).
<box> Consider questions of privilege (2 Hinds Sec. 1657; Manual
Sec. 666).
Where the Committee of the Whole reports a recommendation which is
ruled out as in excess of its powers, it is held that the accompanying
bill stands recommitted to the Committee of the Whole. 4 Hinds
Sec. 4908; Manual Sec. 335.
Authority to Originate Measures
In the early practice, the Committee of the Whole could consider a
matter even though it had not been referred to it by the House. 4
Hinds Sec. 4705. Today, the Committee no longer originates measures (4
Hinds Sec. 4707), but receives only such as have been referred to it,
usually by way of a special rule from the Committee on Rules. Manual
Sec. 326. Under this practice, the House may not resolve into the
Committee for the purpose of originating a measure except by unanimous
consent. Manual Sec. 412. And, absent an appropriate referral, the
Committee may not report a recommendation, which,
[[Page 280]]
if carried into effect, would change a rule of the House. 4 Hinds
Secs. 4907, 4908.
Conference Reports
Conference reports are considered in the House rather than in the
Committee of the Whole, and this is so notwithstanding a point of
order that the report contains matter ordinarily requiring
consideration in the Committee. 5 Hinds Secs. 6559, 6561.
Sec. 3 . Matters Requiring Consideration in the Committee
Generally
A standing rule of the House specifies the matters which must be
considered in the Committee of the Whole before consideration in the
House. The matters so specified include all motions or propositions
involving a tax or charge upon the people, all proceedings
``touching'' appropriations of money, or bills making appropriations
of money, or property, or requiring such appropriation to be made or
authorizing payments out of appropriations already made. Also included
within the rule are bills releasing any liability to the United States
for money or property, or referring any claim to the Court of Claims.
A point of order under this rule may be raised at any time before the
consideration of a bill has commenced. Rule XXIII clause 3. Manual
Sec. 865.
The rule requiring consideration in Committee of the Whole may be
waived by unanimous consent. 4 Hinds Sec. 4823; 8 Cannon Sec. 2393.
And the effect of a special order may be to discharge the Committee
and bring the bill directly before the House. Manual Sec. 867.
The requirement of Rule XXIII clause 3 is that the class of
business specified by the rule must be ``first'' considered in the
Committee of the Whole. Manual Sec. 865. It follows that a bill
considered in the Committee of the Whole, reported to the House, and
then recommitted by the House to a standing committee, is not, when
again reported to the House, necessarily subject to the point of order
that it must be considered in Committee of the Whole. 4 Hinds
Sec. 4828; 5 Hinds Secs. 5545, 5546; Manual Sec. 867.
Measures Requiring Consideration in the Committee
<box> A bill increasing the rate of postage. 4 Hinds Sec. 4861.
<box> A bill creating a new Federal office. 4 Hinds Sec. 4846.
<box> A bill authorizing an undertaking by a government agency which
will incur an expense to the government, however small. 8
Cannon Sec. 2401.
[[Page 281]]
<box> A bill under which an expenditure is probable. Deschler Ch 19
Sec. 1.
<box> A bill setting in motion a chain of circumstances destined
ultimately to involve certain expenditures. 4 Hinds Sec. 4827;
8 Cannon Sec. 2399.
Measures Held Not to Require Consideration in the Committee
<box> A measure which does not directly make an appropriation of
money or require one to be made, and which can be executed
without such funds. 4 Hinds Sec. 4856.
<box> A bill making an expenditure that is to be borne otherwise
then by the Federal Government. 4 Hinds Sec. 4831.
<box> A measure proposing an amendment to the Constitution to extend
the term of office of certain officials. 8 Cannon Sec. 2395.
Sec. 4 . -- Amendments
The rule that any proposition involving a tax or an appropriation
of money or property must be considered in the Committee of the Whole
(Sec. 3, supra) is applicable to amendments to House bills (4 Hinds
Secs. 4793, 4794) and to Senate amendments to House measures as well.
Deschler Ch 19 Sec. 1. Accordingly, where a House bill returned with
Senate amendments involving a new matter of appropriation has been
referred by the Speaker to a standing committee, it is, upon being
reported therefrom, referred directly to the Committee of the Whole. 4
Hinds Secs. 3094, 3108-3110; Manual Sec. 883. And when an amendment is
offered in the House to provide an appropriation for a purpose other
than that of the Senate amendment, the House goes into Committee of
the Whole to consider it. 4 Hinds Sec. 4795.
The question as to whether a Senate amendment involves a tax or an
appropriation so as to require consideration in Committee of the Whole
is applied to each amendment received from the Senate. The fact that
the original House bill was considered in Committee of the Whole is
not taken into consideration in determining this question. 8 Cannon
Sec. 2381.
An amendment of the Senate to a House bill is subject to the point
of order that it must first be considered in the Committee of the
Whole if, originating in the House, the amendment would be subject to
that point of order. Rule XX clause 1. Manual Sec. 827. Hence, a
Senate amendment which on its face places a charge on the Treasury
must be considered in Committee of the Whole absent proof to the
contrary. 8 Cannon Sec. 2387. But a Senate amendment which merely
modifies a House proposition, such as an increase or decrease in the
amount of an appropriation and which does not involve a new and
distinct expenditure, is not required to be considered in the
Committee of the Whole. 4 Hinds Secs. 4797, 4800; 8 Cannon Secs. 2382,
2385; Manual Sec. 828a. Moreover, the requirement that certain Senate
amendments be considered in the Committee applies only before the
stage of disagreement
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has been reached on the Senate amendment, and it is too late to raise
a point of order that Senate amendments should have been considered in
the Committee after the House has disagreed thereto and the amendments
reported from conference in disagreement. 94-1, Dec. 4, 1975, p 38714.
The fact that one of several Senate amendments must be considered in
Committee does not prevent the House from proceeding with the
disposition of those not subject to the point of order. 4 Hinds
Sec. 4807.
The requirement of Rule XX that the amendment be ``first
considered'' in the Committee does not apply if the House has agreed
to a special order providing that the amendment is ``hereby''
considered as adopted. 103-1, Feb. 4, 1993, p ____.
Sec. 5 . Resolving Into the Committee
Generally; Declaration by Speaker
The House may resolve into the Committee of the Whole pursuant to
motion (Sec. 6, infra), or to a special rule from the Committee on
Rules. 4 Hinds Sec. 3214; 7 Cannon Secs. 783, 794; Deschler Ch 19
Sec. 4. And when no other business is pending, the Speaker is
authorized pursuant to a rule adopted in 1983 to declare the House
resolved into the Committee without intervening motion to consider a
measure at any time after the House has adopted a special order
providing for its consideration, unless the resolution specifies
otherwise. Manual Sec. 862. Since this rule was adopted, it has become
a frequently used mechanism for resolving into the Committee for the
consideration of nonprivileged bills and even, on occasion, of general
appropriation bills.
Resolving Automatically Into the Committee
The House automatically and without motion resolves itself into
the Committee of the Whole to consider a measure:
<box> When a special rule from the Committee on Rules provides for
the immediate consideration of the measure in the Committee of
the Whole. 7 Cannon Secs. 783, 794; Deschler Ch 19 Sec. 4.1.
<box> After the Speaker has ruled on words taken down in the
Committee during the consideration of the measure. Deschler Ch
19 Sec. 4.8.
<box> After a recommendation of the Committee that the enacting
clause of the measure be stricken is rejected by the House.
Deschler Ch 19 Sec. 10.9.
<box> When a bill on the Union Calendar is timely called up (or is
the unfinished business) on Calendar Wednesday. 7 Cannon
Secs. 939, 940, 942; Manual Sec. 898.
[[Page 283]]
Sec. 6 . -- By Motion
The House may resolve into Committee of the Whole pursuant to
motion (Deschler Ch 19 Sec. 4), as follows:
Member: Mr. Speaker, I move that the House resolve itself into the
Committee of the Whole House on the state of the Union for the
[further] consideration of __________.
This motion is listed eighth in the daily order of business
(Manual Sec. 878), but the motion is usually given more preferential
status by the adoption of a special rule reported from the Committee
on Rules (Deschler Ch 19 Sec. 4). Where a motion that the House
resolve itself into the Committee of the Whole is pending, the motion
that the Committee be discharged and that the bill be laid on the
table is not preferential and not in order. Deschler Ch 19 Sec. 4.13.
And the question of consideration may not be raised against the motion
to resolve into the Committee, for the motion to resolve is itself a
test of the will of the House on consideration. Deschler Ch 19
Sec. 4.10.
A Member may withdraw his motion that the House resolve itself
into the Committee of the Whole at any time before the motion is acted
upon. Deschler Ch 19 Sec. 4.11.
A motion to resolve into the Committee of the Whole to consider
general appropriation bills is in order on any day under Rule XVI
clause 9, by direction of the Appropriations Committee. Manual
Sec. 802. The motion is in order under this rule on District Mondays
(8 Cannon Secs. 876, 1123; Manual Sec. 802), and on Wednesdays subject
to the limitations of the Calendar Wednesday rule (Manual Sec. 802).
The motion is highly privileged. 4 Hinds Sec. 3080. Rule XI clause
4(a) (Manual Sec. 726) bestows the same status on joint resolutions
continuing appropriations if reported before September 15 preceding
the fiscal year to which the resolution applies. The use of the motion
to consider revenue bills in the Committee was held to be of equal
privilege, but this ruling was made prior to the change in Rule XI
clause 4, which eliminated the privilege conferred on the Ways and
Means Committee to report revenue measures at any time. Deschler Ch 19
Sec. 4, note 17. There no longer is a privileged status for the motion
to resolve into Committee of the Whole to consider bills raising
revenue. Manual Sec. 802.
Although highly privileged, the motion does not take precedence
over a motion to reconsider (4 Hinds Sec. 3087), or a motion to change
the reference of a bill (7 Cannon Sec. 2124).
The motion to resolve into the Committee of the Whole under Rule
XVI clause 9 is neither debatable nor amendable (4 Hinds Sec. 3078);
it is not
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subject to a demand for the previous question (4 Hinds Sec. 3077), and
may not be laid on the table or indefinitely postponed (6 Cannon
Sec. 726).
After refusing to go into Committee of the Whole to consider a
particular bill, the House may then consider business prescribed by
the regular order. 4 Hinds Sec. 3088. Thus the House may reach
legislation of lesser privilege by rejecting the motion to resolve
into the Committee to consider an appropriation bill. Deschler Ch 19
Sec. 4.4. Nonprivileged matters are considered in the Committee of the
Whole pursuant to a special rule from the Committee on Rules or
pursuant to a unanimous-consent request.
Sec. 7 . The Chairman
The Chairman of the Committee of the Whole is appointed by the
Speaker. Manual Sec. 861a. Following a custom of the British
Parliament (Deschler Ch 19 Sec. 5), the House requires the Speaker
``in all cases'' to leave the Chair after appointing the Chairman.
Manual Sec. 861a. Where the Member named by the Speaker to act as
Chairman is unavailable, the Speaker may ask another Member to assume
the Chair as Chairman pro tempore. Where the Member appointed to
preside over the Committee is a female Member, the proper form of
address is ``Madam Chairman.'' 93-1, Sept. 20, 1973, p 30592.
In general, the Chairman recognizes for debate and decides
questions of order arising in the Committee independently of the
Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken down'' in
debate, the Chairman reports them to the Speaker who rules on their
admissibility (see Manual Sec. 761, and Sec. 16, infra); otherwise,
points of order relating to procedure in the Committee are decided by
the Chairman rather than the Speaker. 5 Hinds Sec. 6927. An appeal
from the Chairman's ruling may be made to the full Committee (5 Hinds
Sec. 6928; Deschler Ch 19 Sec. 9.1), or, in exceptional cases, the
Committee may rise and report the question to the House (4 Hinds
Sec. 4783).
The Chairman has a duty to call to order any Member who violates
the privileges of debate (8 Cannon Sec. 2515) even in the absence of
any suggestion from the floor (8 Cannon Sec. 2520). And he may cause
the galleries or lobbies to be cleared in case of disturbance or
disorderly conduct. Manual Sec. 861a.
The Chairman directs the Committee to rise when the hour
previously fixed for adjournment arrives or when the hour fixed by the
House for termination of the consideration of the bill in Committee
arrives. 4 Hinds Sec. 4785; 8 Cannon Sec. 2376.
[[Page 285]]
Sec. 8 . -- Limitations on Jurisdiction and Authority
The functions of the Chairman of the Committee of the Whole are
not unlimited; certain determinations are reserved to the Speaker, the
House, or the Committee itself. Thus the Chairman does not:
<box> Recognize for requests to suspend the rule governing
admissions to the floor. 5 Hinds Sec. 7285.
<box> Decide whether the Committee may sit in executive session.
Deschler Ch 19 Sec. 7.18.
<box> Rule on the sufficiency or legal affect of committee reports.
Deschler Ch 19 Sec. 7.17.
<box> Rule on questions of constitutionality. Deschler Ch 19
Secs. 7.1-7.3, 8.10.
<box> Pass on the merits of a legislative proposition. Deschler Ch
19 Sec. 7.4.
<box> Interpret the consistency of a provision in a bill with
existing law. Deschler Ch 19 Sec. 7.5.
<box> Pass on the legal effect of funding limitations that do not
appear in the pending bill. Deschler Ch 19 Sec. 7.16.
<box> Rule on the consistency of amendments. Deschler Ch 19
Secs. 8.6-8.9.
<box> Construe the general meaning or effect of an amendment
(Deschler Ch 19 Secs. 8.1-8.4) or rule on whether it is
ambiguous (Deschler Ch 19 Sec. 8.5).
<box> Rule on hypothetical questions. Deschler Ch 19 Secs. 7.6-7.8.
<box> Determine issues not presented in a point of order. Deschler
Ch 19 Sec. 6.1.
<box> Construe the result of a vote. 87-1, Sept. 13, 1961, p 19206.
<box> Interpret the rules or procedures of the Senate. Deschler Ch
19 Sec. 7.19.
<box> Entertain requests to change an order of the House governing
the consideration of the measure in the Committee. 8 Cannon
Sec. 2323; Manual Sec. 877.
<box> Rule on the propriety of amendments including in a motion to
recommit with instructions. 98-1, July 28, 1983, pp 21470,
21471.
<box> Respond to inquiries concerning the legislative schedule
outside the Committee of the Whole. 97-2, July 29, 1982, p
18605.
<box> Rule on procedural questions that may arise when a bill is
reported back to the House (Deschler Ch 19 Sec. 7.10) or
predict what action may take place in the House after the
Committee rises (Deschler Ch 19 Sec. 7.9).
<box> Determine the vote required to adopt a resolution in the
House. Deschler Ch 19 Sec. 7.13.
<box> Determine whether the House can rescind a time limitation
imposed by the Committee. Deschler Ch 19 Sec. 7.12.
<box> Determine whether or when a pending bill will be taken up
again after the Committee rises. Deschler Ch 19 Secs. 7.14,
7.15.
[[Page 286]]
B. Consideration and Debate in Committee
Sec. 9 . In General; Quorums
Generally
The conditions under which a particular measure is to be
considered and debated are ordinarily determined under Rule XXIII
clause 1 or pursuant to a special rule from the Committee on Rules or
other House order. The Committee of the Whole may not set aside or
modify such an order (4 Hinds Secs. 4712, 4713; 8 Cannon Secs. 2321,
2322; Deschler Ch 19 Sec. 15), even by unanimous consent (8 Cannon
Secs. 2550-2552); Manual Sec. 877.
Quorum Requirements
Until 1890, a quorum of the Committee of the Whole was the same as
a quorum of the House. Manual Sec. 329. In that year, a rule was
adopted fixing a quorum of the Committee of the Whole at 100 Members.
Manual Sec. 863. Where the Chair has announced the absence of a quorum
in the Committee of the Whole, no further business may be conducted
until a quorum is established. 96-1, Sept. 6, 1979, p 23355. And when
a vote is taken in Committee of the Whole notwithstanding the absence
of a quorum, a timely point of order having been made, the vote is
invalid. 6 Cannon Secs. 676, 677. However, a quorum is inferred (or
presumed) if no question is raised with respect thereto; that is, a
quorum is presumed to be present unless otherwise determined. See 4
Hinds Sec. 2895; 6 Cannon Secs. 565, 624.
Under the modern practice, when a Committee of the Whole finds
itself without a quorum, and a timely point of order is made, the
Chairman directs that the Members record their presence by electronic
device. Manual Sec. 863. It is a quorum of the Committee--100
Members--and not a quorum of the House, which must appear. 89-2, Oct.
12, 1966, p 26247. In ascertaining the presence of a quorum, the
Chairman includes those present but not voting as well as those
Members voting. 6 Cannon Secs. 641, 671; Deschler Ch 20 Sec. 7.7.
Where, following a timely point of order, the Chair announces that
a quorum is not present, a motion that the Committee rise is in order
and does not require a quorum for adoption. 8 Cannon Sec. 2369.
Deschler Ch 20 Sec. 7.13. If a quorum develops on a negative vote on
the motion, the Committee proceeds with its business. 6 Cannon
Secs. 670, 671; 8 Cannon Sec. 2369. Motions to rise generally, see
Secs. 26-28, infra.
The House rules (Rule XXIII clause 2) have sharply limited the
circumstances under which a no-quorum point of order may be raised
once the House has resolved into Committee. After the roll has once
been called in
[[Page 287]]
that Committee of the Whole to establish a quorum on any given day (or
if a quorum was disclosed on a recorded vote), the Chairman may not
thereafter entertain a point of order that a quorum is not present
unless (1) the Committee is operating under the five-minute rule and
(2) the Chairman has put the pending motion or proposition to a vote.
Manual Sec. 863. During general debate, there is no requirement of a
quorum; but the Chairman is given the discretion to recognize for a
point of no quorum. Rule XXIII clause 2(a).
The Chairman must entertain a point of order of no quorum during
the five-minute rule if a quorum has not yet been established in the
Committee on the bill then pending; the fact that a quorum of the
Committee has previously been established on another bill on that day
is irrelevant. 98-2, Sept. 19, 1984, p 26082. Where a recorded vote on
a prior amendment or motion during the five-minute rule on that bill
on that day has established a quorum, a subsequent point of no quorum
during debate is precluded except by unanimous consent. 99-2, June 25,
1986, p 15551; 102-2, June 3, 1992, p ____.
Sec. 10 . First Reading
When a bill is taken up in the Committee of the Whole, its reading
in full may be demanded before general debate begins, unless such
reading has been properly waived or dispensed with. 95-1, Apr. 28,
1977, p 12635. Such a reading may be demanded before general debate
begins even though the bill may have just been read in the House. 4
Hinds Sec. 4738.
The first reading of a bill in Committee of the Whole is normally
dispensed with by unanimous consent (95-2, May 17, 1978, p 14147) or
pursuant to a special rule from the Committee on Rules (95-2, Sept.
29, 1978, p 32662). A motion to dispense with the first reading of the
bill is not in order. 8 Cannon Secs. 2335, 2436; 95-1, Apr. 28, 1977,
p 12635.
Sec. 11 . General Debate
Control by the House
The duration and allocation of time for general debate in
Committee of the Whole is controlled by the House, not the Committee.
91-2, Dec. 17, 1970, p 42222. The Committee may not, even by unanimous
consent, extend the general debate time as fixed by the House. 96-2,
Feb. 22, 1980, p 3564; Manual Sec. 877.
The control of the House over general debate time in the Committee
of the Whole may be exercised through the adoption of a unanimous-
consent request (90-2, June 27, 1968, p 19105) or through the adoption
of a
[[Page 288]]
special rule from the Committee on Rules (89-2, Sept. 26, 1966, pp
23785, 23946). Thus, the House may by unanimous consent limit the
general debate to a time certain and provide that at the conclusion of
that debate the Committee shall rise (88-1, Apr. 9, 1963, pp 6044,
6073) or it may limit the time for general debate and divide that time
among certain members (90-2, June 27, 1968, p 19105). The House having
divided general debate time among certain Members, it is not in order
for a Member to whom time has been yielded to ask unanimous consent
for additional time, for time is controlled by those to whom it is
allotted by the House and is not subject to extension by the
Committee. 91-2, Dec. 17, 1970, p 42222.
When the House has vested control of general debate in the
Committee in certain Members, their control may not be abrogated
during that debate by another Member moving to rise, unless one of
them yields for that purpose (90-1, May 25, 1967, p 14121), nor may
Members yielded time in general debate yield to another for such
motion (81-2, Feb. 22, 1950, p 2178).
The Hour Rule
In the absence of a House order limiting general debate in
Committee of the Whole, debate in the Committee is under the hour
rule. 91-1, July 28, 1969, p 20850. A Member having control of such
time may not consume more than one hour. 87-2, Mar. 6, 1962, p 3484;
91-1, July 29, 1969, pp 21174-78.
Prior to 1841, there was no limit on the time which a Member might
occupy when once in possession of the floor in the Committee of the
Whole. Under this practice, the inability of the Committee to complete
action on bills had become a serious problem. 5 Hinds Sec. 5221. In
that year, the rule of the House that no Member could speak for more
than one hour (Manual Sec. 758) was applied to the Committee of the
Whole (Manual Sec. 870). This one-hour limitation is applicable to
each Member recognized to speak in the Committee. Deschler Ch 19
Sec. 15. No matter how much time may have been placed within the
control of those representing the two sides of a question, it must be
assigned to Members in accordance with the rule limiting each Member
to no more than one hour of debate time. 5 Hinds Secs. 5005, 5006.
However, a Member recognized for one hour of debate may yield time to
a Member who has just occupied an hour in his own right. 8 Cannon
Sec. 2470.
Yielding Time
A Member engaged in general debate under the hour rule in
Committee of the Whole may yield any portion of his time to another
Member, who
[[Page 289]]
may in turn yield to a third with the consent of the Member originally
holding the floor. 8 Cannon Sec. 2553. Of course, if the first Member
retains control of the floor, yielding to a second Member only for a
question, it is the first Member who would subsequently yield to a
third. Deschler Ch 19 Sec. 15. Conversely, where a matter is being
debated pursuant to a special order vesting control of the time for
debate in certain Members, one of those Members may yield a specific
block of time to a second Member, in which case the second Member may
yield to a third while remaining on his feet, and permission of the
first Member is not necessary. Deschler Ch 19 Sec. 15.
Members may speak in general debate on a bill as many times as
they are yielded to by those in control of the debate (Deschler Ch 19
Sec. 15.8), and those in control of such debate time may yield as many
times as they desire to whom they desire (Deschler Ch 19 Sec. 15.4).
Sec. 12 . -- Closing General Debate
General debate in Committee of the Whole is closed or terminated
pursuant to House order (Manual Sec. 870; see also 5 Hinds Sec. 5221)
or sooner if no Member desires to participate further (4 Hinds
Sec. 4745). Amendments may not be offered in the Committee until
general debate has been closed or yielded back (4 Hinds Sec. 4744; 5
Hinds Sec. 5221), and motions for the disposition of the pending bill
are not in order before that time (4 Hinds Sec. 4778). However, those
Members in control of the time for general debate need not use all of
the time for the purpose prescribed by House order, but may agree
among themselves to close further general debate, yield their
remaining time, and begin consideration of the bill under the five-
minute rule. 89-2, Sept. 26, 1966, pp 23785, 23946; 96-1, May 4, 1979,
p 9918.
For general discussion of the practice of limiting or closing
general debate, see Consideration and Debate.
Sec. 13 . Debate Under the Five-minute Rule; Amendments
Generally
Amendments to measures pending in Committee of the Whole are in
order following the close of general debate. Deschler Ch 19 Sec. 15.
Amendments are offered under the so-called five-minute rule. This rule
provides that any Member ``shall be allowed'' five minutes to explain
any amendment he may offer, after which the Member who first obtains
the floor is allowed five minutes to oppose it. Manual Sec. 870.
Thereafter, a Member may obtain five minutes for debate by offering
the pro forma amendment ``to strike the last word'' no actual
amendment being contemplated. Manual Sec. 873a. Pro forma amendments,
generally, see Sec. 14, infra.
[[Page 290]]
The Committee of the Whole may not, even by unanimous consent,
prohibit the offering of an amendment otherwise in order under the
five-minute rule. 98-2, July 31, 1984, p 21701. To guard against abuse
of the rule by Members offering an amendment for the sole purpose of
gaining debate time (5 Hinds Sec. 5221), the rule itself provides that
amendments may be withdrawn only by unanimous consent. Manual
Sec. 870.
The five-minute rule is applicable to amendments that are offered
to amendments. Manual Sec. 870. But where an amendment to a bill has
been offered, the right to explain or oppose that amendment has
precedence of a motion to amend it. 4 Hinds Sec. 4751.
Limiting or closing five-minute debate, see Consideration and
Debate.
Yielding Time During Five-minute Debate
Members who have been recognized for debate under the five-minute
rule may not yield time to another Member and be seated. 100-1, Dec.
10, 1987, p 34686. Although a Member recognized in debate under the
rule may yield to another Member while remaining on his feet, he may
not yield designated amounts of time. 5 Hinds Secs. 5036, 5037;
Deschler Ch 19 Sec. 15. And he may not yield to another Member to
offer an amendment. 93-1, Dec. 12, 14, 1973, pp 41171, 41716; 94-2,
Sept. 8, 1976, p 29243.
Where debate on an amendment is limited or allocated by special
order to a proponent and an opponent, the five-minute rule is
abrogated and the Members controlling the debate may yield and reserve
time; but debate time on an amendment under the five-minute rule
cannot be reserved. 101-2, Aug. 1, 1990, p ____.
Reading for Amendment
In Committee of the Whole, bills are read for amendment pursuant
to a practice dating from 1789. As a general rule, legislative bills
have been considered by sections, because each section normally
contains a substantive legislative provision. General appropriation
bills, on the other hand, are ordinarily read by paragraphs, because
such bills are normally drafted so that each paragraph concludes with
an appropriation. This practice of reading by paragraphs has also been
extended to revenue measures. 8 Cannon Secs. 2340, 2347. But whether a
bill shall be read by paragraphs, sections, subsections, or titles is
often determined by special rule reported by the Committee on Rules,
which may provide that the bill is to be ``considered as read,'' and
open to amendment at any point. See, for example, 93-2, Aug. 7, 1974,
p 27258.
[[Page 291]]
When a paragraph or section has been passed in the reading it is
not in order to return thereto (4 Hinds Secs. 4742, 4743) except by
unanimous consent (4 Hinds Sec. 4746; 97-2, Nov. 30, 1982, p 28066).
But the Chairman may direct a return to a section where, through his
inadvertence, no action was had on a pending amendment. 4 Hinds
Sec. 4750.
Sec. 14 . -- Pro Forma Amendments
Generally
Pro forma amendments have been permitted in the Committee of the
Whole since at least as early as 1868, when they were used during the
consideration of articles of impeachment against President Andrew
Johnson. 5 Hinds Sec. 5778. Pro forma amendments are those offered
during debate under the five-minute rule to make some superficial
change in a measure--by tradition ``to strike the last word''--where
the underlying purpose is to obtain time for debate or to offer an
explanation, no actual change in the measure being contemplated.
Deschler Ch 19 Sec. 15.
When in Order
Like substantive amendments, pro forma amendments are in order
following the reading of the section or paragraph of the pending
measure. See Amendments. But pro forma amendments are not in order
when a bill is being considered under a ``closed'' rule prohibiting
all amendments unless the rule specifies to the contrary. 87-2, Oct.
5, 1962, p 22636; 95-1, Oct. 13, 1977, p 33637. Such amendments are
also subject to the standing rule precluding amendments in the third
degree. Thus, if the point is raised, a pro forma amendment is not in
order during consideration of an amendment to a substitute, being in
the third degree. 5 Hinds Sec. 5779.
When Permitted
Pro forma amendments are liberally permitted during debate under
the five-minute rule. Thus, while a Member may not speak twice on the
same amendment, a Member may speak in opposition to a pending
amendment and subsequently offer a pro forma amendment and debate that
(Deschler Ch 19 Sec. 15.9); and a Member who has debated a substantive
amendment may thereafter rise in opposition to a pro forma amendment
thereto (Deschler Ch 19 Sec. 15.10). However, a Member who has
occupied five minutes on a pro forma amendment may not lengthen this
time by making another pro forma amendment. 5 Hinds Sec. 5222; 8
Cannon Sec. 2560; Deschler Ch 19 Sec. 15. And a Member who has offered
a substantive amendment and then debated it for five minutes may not
extend his time by offering a pro forma
[[Page 292]]
amendment, as it is not in order for the offerer of an amendment to
amend his own amendment except by unanimous consent. Manual Sec. 873a.
Conversely, a Member recognized on a pro forma amendment may not
automatically extend his time by offering a substantive amendment, not
having been recognized for that purpose. Deschler Ch 19 Sec. 15.11.
Sec. 15 . Relevancy in Debate
General Debate
During general debate in the Committee of the Whole, a Member need
not confine himself to the subject. 5 Hinds Secs. 5234-5238; 93-2,
June 28, 1974, p 21743. During this period, the House rules allow
extraordinary freedom and latitude in debate. ``Anything may be
discussed which may by the liveliest imagination be supposed to relate
to the state of the Union in any particular or any degree, however
remote.'' 8 Cannon Sec. 2590. But such latitude in general debate is
normally limited by a special rule from the Committee on Rules or
other House order. See 93-2, June 28, 1974, p 21743. If the bill is
being considered under the terms of a special rule which requires that
debate be confined to the bill, a Member may proceed out of order only
by unanimous consent. 90-1, Nov. 27, 1967, p 33772.
Five-minute Debate
The scope of debate under the five-minute rule is more narrowly
confined than is allowed in general debate. In five-minute debate, the
Member recognized is confined to the pending subject. 5 Hinds
Secs. 5240-5256; 8 Cannon Sec. 2591. He must confine himself to the
subject of the amendment and its relation to the bill. A discussion of
amendments which may be offered at a later time is not in order. See
Consideration and Debate. This is due in part to the language of the
applicable rule, which states that a Member is to be allowed five
minutes ``to explain'' an offered amendment. Manual Sec. 870. This
rule has been strictly construed. A Member yielded to may speak out of
order, on a matter not relevant to the pending measure or amendment,
only by unanimous consent. 98-1, Apr. 28, 1983, p 10432. And it has
been held that remarks on the general merits of the bill are not in
order as ``explaining'' an amendment, and remarks touching on the
demerits of the bill are not in order as opposing an amendment. 5
Hinds Sec. 5242.
The rule confining debate under the five-minute rule to the
subject is applicable even to pro forma amendments. 8 Cannon
Sec. 2591. Debate on a pro forma amendment must be confined to the
portion of the bill to which the pro forma amendment has been offered.
93-2, June 21, 1974, p 20595.
[[Page 293]]
However, a Member may move to strike the last word and then ask
unanimous consent to speak out of order. 98-1, June 8, 1983, p 14860.
Sec. 16 . Calling Members to Order
Jefferson suggested that, as a matter of parliamentary law, to
avert the ``danger of a decision by the sword'' in the Committee of
the Whole, the Speaker could take the Chair to restore order. Manual
Sec. 331. In several early instances, the Speaker did in fact exercise
this authority. 2 Hinds Secs. 1648-1652. Under the modern practice,
the Chairman directs the Committee of the Whole to rise and report to
the House when objections have been made under the House rules (Manual
Sec. 861b) for words spoken in debate. See 8 Cannon Secs. 2533, 2538;
Deschler Ch 19 Sec. 17.
Under this procedure, when a Member is called to order by the
Chairman he must take his seat. Deschler Ch 19 Sec. 17.1. If
unparliamentary language is used, the Chair or any Member may cause
the words to be taken down at the Clerk's desk and read in the
Committee, which then rises automatically and without debate. 8 Cannon
Secs. 2533, 2538, 2539; 98-1, May 26, 1983, p 14048. The words are
then reported to the House, and are again read. 2 Hinds Secs. 1257-
1259. The words reported are then taken up in the House, with
consideration being limited to the words reported. 8 Cannon Sec. 2528.
The Member uttering the words may withdraw them, but this is permitted
at this time only by unanimous consent. 8 Cannon Secs. 2528, 2538,
2540; Deschler Ch 19 Sec. 17.7. The Speaker then rules on whether the
words are unparliamentary. Deschler Ch 19 Sec. 17.5. 78-1, Dec. 20,
1943, p 10922. It has been held that the Speaker's ruling on the
propriety of the words taken down is not subject to appeal. 98-1, May
26, 1983, p 14049. However, under the modern practice, such appeals
have been frequently permitted. 5 Hinds Secs. 5157, 5178, 5194; 78-1,
Dec. 20, 1943, p 10922.
Motions in the House to strike the words from the Record, if held
out of order, and to proceed in order, are available before the
Committee resumes its sitting. Instances of disorder during debate in
the Committee may be disposed of in the House pursuant to a motion to
expunge the offending language from the Record (8 Cannon Secs. 2538,
2539), or, in especially flagrant instances, pursuant to a resolution
of censure (2 Hinds Secs. 1257, 1259).
After disposition of the matter in the House, the Committee of the
Whole automatically resumes sitting. 8 Cannon Sec. 2541; Deschler Ch
19 Sec. 17.5; Manual Sec. 761.
For general discussion of disorder in debate, see Consideration
and Debate.
[[Page 294]]
Sec. 17 . Voting
The methods and procedures by which Members vote in Committee of
the Whole are prescribed by the House rules. See particularly Rule I
clause 5. They include:
<box> Voice vote--Based on volume of sound of Members responding aye
or no. See Manual Sec. 629.
<box> Division (or standing) vote--May be invoked by the Chair or
any Member, and is in order following a voice vote. Under this
procedure, Members divide to be counted, with those first
standing who are in favor, then those in the negative. Manual
Sec. 629.
<box> Recorded vote--The Members insert a personalized electronic
voting card to be recorded as ``yea,'' ``nay,'' or ``present.''
The request for such a vote must be supported by at least 25
Members. Rule XXIII clause 2b.
<box> Recorded vote by clerks or a ``roll call''--The Members cast
their votes by depositing a signed green (yea) or red (no) card
in a ballot box. This procedure has been largely supplanted by
the use of the electronic voting equipment, and is used only as
a backup voting system when that equipment becomes inoperative.
See 92-1, Feb. 25, 1971, p 3833. Or in the alternative as a
backup, the Chair may direct the Clerk to call the roll
alphabetically.
The demand which may be made in the House under the Constitution
for the yeas and nays is not in order in Committee of the Whole. 4
Hinds Secs. 4722, 4723; 95-1, June 2, 1977, p 17292.
Voting procedures generally are discussed elsewhere. See Voting.
Sec. 18 . Points of Order
Generally
In Committee of the Whole, questions of order relating to
procedure (except for words taken down) are decided by the Chairman,
not the Speaker. 5 Hinds Secs. 6927, 6928; Deschler Ch 19 Sec. 19.
Manual Sec. 861b. The Speaker cannot rule on a point of order arising
in the Committee unless the point of order is reported to the House
for a decision. 5 Hinds Sec. 6987. Appeals from a decision of the
Chairman on a point of order are ordinarily resolved in the Committee,
but in rare cases an appeal from a decision on a point of order may be
reported to the House for its determination. 4 Hinds Sec. 4783.
Debate on a point of order raised in the Committee is within the
discretion of the Chairman and must be confined to the point of order.
Deschler Ch 19 Sec. 19.2.
[[Page 295]]
When in Order
Generally, points of order in the Committee of the Whole against a
provision in a bill or amendment are properly made when that provision
or amendment is reached in the reading. Points of order against bills
in their entirety are normally in order when they are called up.
Deschler Ch 19 Sec. 20. A point of order against an amendment comes
too late after there has been debate on the amendment. 90-1, July 29,
1967, p 19417; 93-1, May 10, 1973, p 15320. And once the amendment has
been agreed to in Committee and reported to the House, a point of
order against it is ordinarily untimely, the proper time being at the
point the amendment was offered in Committee. 92-2, June 1, 1972, pp
19479, 19483. See, however, Rule XXI clause 5, permitting the raising
``at any time'' of a point of order against a bill carrying
appropriations or a tax or tariff if the bill was reported by a
committee not having jurisdiction to report such matters. Manual
Sec. 846a. Generally, see Appropriations.
Some points of order against bills are properly raised in the
House and may not subsequently be raised in Committee of the Whole.
Such points of order come too late in the Committee, and should be
raised in the House against consideration of the bill pending the
motion to resolve into the Committee. Deschler Ch 19 Sec. 20. This
rule has been applied to points of order against consideration of the
measure for:
<box> Violations of committee reporting requirements, such as the
Ramseyer rule (that proposed changes in law be indicated
typographically). Deschler Ch 19 Secs. 20.1-20.3. Manual
Sec. 745.
<box> Printing requirements prior to floor consideration of
measures. Deschler Ch 19 Sec. 20.4.
Points of order generally are discussed elsewhere in this work
(see Points of Order; Parliamentary Inquiries), as are points of order
relating to particular measures or matters. See, for example,
Appropriations. Conference reports, see Conferences Between the
Houses.
Sec. 19 . Unfinished Business
Business unfinished when the Committee of the Whole rises remains
unfinished, to be considered first in order when the House next goes
into the Committee to consider that business. 4 Hinds Secs. 4735,
4736. See also Unfinished Business. Thus, when the Committee rises
before the time fixed for debate expires, debate continues when the
Committee resumes its deliberations. Deschler Ch 19 Sec. 26.1. And
when a recommendation of the Committee that the enacting clause of a
bill be stricken is rejected by the
[[Page 296]]
House, the House, without motion, resolves itself into the Committee
for the further consideration of the bill. Deschler Ch 19 Sec. 26.2.
Absent a special rule to the contrary, when the Committee rises on
the adoption of a simple motion to rise, a bill pending at that time
remains the unfinished business for subsequent consideration in the
Committee. 95-2, May 12, 1978, p 13504. Similarly, if such a motion
intervenes pending a request for a recorded vote, that request remains
the pending business upon resumption of consideration of the bill in
Committee. 95-1, Sept. 30, 1977, p 31718; 97-1, July 15, 1981, p
15921.
C. Motion Practice in Committee
Sec. 20 . In General
Motions Permitted
The principle motions used in Committee of the Whole are:
<box> Motions to amend under the five-minute rule. Manual Sec. 870.
See also Sec. 13, supra.
<box> Motions to dispense with the reading of an amendment printed
in the bill as reported or as printed in the Record and
properly and timely submitted. Manual Sec. 873b.
<box> Motions to close five-minute debate. Manual Sec. 874.
Generally, see Consideration and Debate.
<box> Motions relating to the enacting clause. Manual Sec. 875. For
comprehensive discussion, see Sec. 22, infra.
<box> Motions to rise. Deschler Ch 19 Sec. 22. See also Sec. 26,
infra.
Motions Not Entertained
The Committee of the Whole may not entertain motions involving
functions properly performed by the House. Of all the motions
specified by Rule XVI clause 4--to adjourn, to lay on the table, for
the previous question, to postpone, to refer, or to amend--only the
motion to amend is authorized in the Committee of the Whole. See
Manual Secs. 782 et seq. The Committee may not entertain a motion to:
<box> Limit general debate (as distinguished from five-minute
debate). Deschler Ch 19 Sec. 2. Generally, see Consideration
and Debate.
<box> Close general debate. 5 Hinds Sec. 5217; Manual Sec. 871.
<box> Dispense with the reading of a bill unless authorized pursuant
to a special rule from the Committee on Rules. Deschler Ch 19
Sec. 2.11.
<box> Return to a section of the bill passed in the reading.
Deschler Ch 19 Sec. 2.10.
<box> Effect a conference or instruct conferees. 8 Cannon
Secs. 2319, 2320; Deschler Ch 19 Sec. 2.
[[Page 297]]
<box> Order a call of the House. 8 Cannon Sec. 2369.
<box> Expunge remarks from the Record. Deschler Ch 19 Sec. 3.2.
<box> Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19
Sec. 2.6.
<box> Reconsider. 4 Hinds Secs. 4716-4718; 8 Cannon Secs. 2324,
2325; Deschler Ch 19 Sec. 2.5.
<box> Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
<box> Postpone (Manual Sec. 786) or rise and resume sitting on a day
certain (Deschler Ch 19 Sec. 22.2).
<box> Lay on the table. 4 Hinds Secs. 4719, 4720; 8 Cannon
Sec. 2330; Deschler Ch 19 Sec. 2.7.
<box> Recess (absent permission of the House). 5 Hinds Secs. 6669-
6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
<box> Adjourn. Deschler Ch 19 Sec. 2.4.
Motions Recommending House Action
As noted above, the motions to postpone, recommit, or lay on the
table, are not in order in the Committee of the Whole. However, under
certain circumstances, the Committee may entertain a motion to rise
and report with the recommendation that the House entertain such an
action. Whether such a motion will or will not lie in the Committee is
ordinarily determined by the terms of the special rule under which the
measure is being considered. If, for example, the special rule
provides that after consideration the Committee shall rise and report
the measure to the House, with the previous question to be considered
as ordered on the bill and amendments thereto to final passage, the
Committee may not report to the House a recommendation that the bill
be recommitted. Deschler Ch 19 Sec. 23.12. But if not precluded by
this language in the special rule ordering the previous question, the
Committee may entertain a motion to rise and report with:
<box> A recommendation that the consideration of the bill be
postponed. 4 Hinds Secs. 4765, 4774; 8 Cannon Sec. 2372;
Deschler Ch 19 Sec. 22.
<box> A recommendation that the bill be referred or recommitted. 4
Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
<box> A recommendation that the bill lie on the table. 4 Hinds
Sec. 4777.
Requirement That Motions Be Written
Although motions made in the Committee of the Whole are often put
forward orally, any Member may demand that a motion be made in
writing. Deschler Ch 19 Sec. 2.1 (motion to rise); 95-1, May 18, 1977,
p 15418 (motion to limit debate under the five-minute rule).
Withdrawal
A motion may be withdrawn in the Committee of the Whole only by
unanimous consent. 89-1, Mar. 26, 1965, p 6101. Thus, when an amend-
[[Page 298]]
ment is offered, it can be withdrawn only by unanimous consent (5
Hinds Sec. 5221) whether or not debate has proceeded (8 Cannon
Sec. 2859). This principle has also been applied to the motion to
close debate under the five-minute rule (8 Cannon Sec. 2564) and to
the motion to recommend the striking of the enacting clause (98-1,
July 29, 1983, p 21675).
Sec. 21 . Precedence of Motions
Motions to Rise
As a motion of high privilege (Deschler Ch 19 Sec. 23.2), the
simple motion to rise is preferential (Deschler Ch 19 Sec. 23.1). It
takes precedence over motions to amend (4 Hinds Sec. 4770) and over
amendments pending under the five-minute rule (Deschler Ch 19
Sec. 23.3), though it may not interrupt other Members in debate.
Sec. 26, infra. The motion takes precedence over a demand for a
recorded vote on a pending amendment (95-1, Sept. 30, 1977, p 31718;
97-1, July 15, 1981, p 15921), and over a point of order of no quorum
pending such a demand (see 95-1, Sept. 21, 1977, p 30126). The simple
motion to rise also takes precedence over a pending motion to rise and
report with the recommendation that the enacting clause be stricken.
Deschler Ch 19 Sec. 11.13; 95-2, May 17, 1978, p 14183.
Motions Relating to the Enacting Clause
The motion that the Committee rise and report to the House with
the recommendation that the enacting clause be stricken is of high
privilege. Deschler Ch 19 Sec. 10.4. The motion is preferential
because, if adopted, it constitutes a final disposition of the bill in
the Committee. Deschler Ch 19 Sec. 11.11, note. The motion may be
offered where another Member has been recognized to offer an amendment
(94-1, Apr. 23, 1975, p 11513) or when an amendment is pending (Manual
Sec. 875). The motion also takes precedence over a motion to limit
debate (93-1, Dec. 14, 1973, pp 41711-14), and over a motion to rise
and report with a favorable recommendation (8 Cannon Sec. 2620). See
also Sec. 22, infra.
Motions to Amend
With one exception, a motion to amend a bill takes precedence over
a motion to rise and report the bill. 4 Hinds Secs. 4752-4758; 8
Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in Rule
XXI clause 2(d) (Manual Sec. 834d), which specifies that when a
general appropriation bill has been read for amendment, a motion to
rise and report, if offered by the Majority Leader or his designee,
takes precedence of a ``limitation'' amendment.
[[Page 299]]
The initial right of the opponent to explain an amendment offered
under the five-minute rule, or of a Member to rise in opposition
thereto, takes precedence over a motion to amend that amendment. 4
Hinds Sec. 4751.
Sec. 22 . Motions Relating to Enacting Clauses
Generally; Effect of Rejection or Adoption
Every bill that becomes law contains the phrase: ``Be it enacted
by the Senate and House . . . in Congress assembled. . . .'' It is in
order to move that the Committee rise and report a bill back to the
House with the recommendation that this clause, known as the enacting
clause, be stricken out. 5 Hinds Secs. 5326-5346; 8 Cannon Secs. 2618-
2638; Deschler Ch 19 Sec. 10. Such a motion is not, strictly speaking,
an amendment, since it can be dispositive of the entire bill. See
Deschler Ch 19 Sec. 10 (note 13). If the House agrees to the
recommendation, its action is equivalent to a rejection of the bill.
Manual Sec. 875; see also 5 Hinds Sec. 5326; Deschler Ch 19 Sec. 10.6.
If the House rejects the recommendation, it automatically resolves
itself back into the Committee for the further consideration of the
bill. Deschler Ch 19 Sec. 10.9.
The motion must be in writing and in the proper form. 99-2, Aug.
15, 1986, p 22071; 99-2, Sept. 12, 1986, p 23178.
Member: I move that the Committee do now rise and report the bill
back to the House with the recommendation that the enacting clause
(or the resolving clause) be stricken out. Deschler Ch 19 Sec. 10.2.
Motions which deviate from this form are subject to a point of
order. Deschler Ch 19 Sec. 10.3. Thus, a simple motion to strike the
enacting clause, although at one time permitted in the Committee of
the Whole (5 Hinds Sec. 5332), is, under the modern practice, not in
proper form and not in order (Deschler Ch 19 Sec. 10.1). A motion to
strike ``all after the enacting clause'' is likewise out of order.
Deschler Ch 19 Sec. 10.3. And the recommendation that the enacting
clause be stricken may not be combined with a provision that the bill
be recommitted to a committee. Deschler Ch 19 Sec. 10.10.
Application to Particular Measures
The motion that the Committee rise and report to the House the
recommendation that the enacting clause be stricken is applicable to
the enacting clause of a Senate-passed bill. 92-2, Oct. 4, 1972, p
33785; Deschler Ch 19 Sec. 10.14. The motion has also been used to
recommend the striking of the resolving clause of a simple resolution
(93-2, Oct. 7, 1974, p 34170), the resolving clause of a concurrent
resolution on the budget (96-1, May
[[Page 300]]
9, 1979, p 10490), and the resolving clause of a joint resolution
(Deschler Ch 19 Sec. 11.4).
Who May Offer or Oppose
A Member offering the motion to rise and report with the
recommendation that the enacting clause be stricken must qualify as
being opposed to the bill when challenged. Manual Sec. 876a; 95-1,
June 17, 1977, p 19719. A challenge being made, it is not in order for
a Member in favor of a bill to offer this motion. Deschler Ch 19
Sec. 12.2. If challenged, the Member offering the motion is required
to declare his opposition to the bill. Deschler Ch 19 Sec. 12.1.
Generally, in recognizing a Member for the motion, the Chair will
accept the statement of that Member that he is opposed to the bill.
Deschler Ch 19 Sec. 12.5. Similar rules are applied with respect to
the qualification of a Member to oppose the motion. To obtain
recognition to oppose the motion, a Member must qualify by stating
that he is opposed thereto. Deschler Ch 19 Sec. 12.11.
The practice of offering the motion merely to obtain time for
debate, though subject to criticism (Deschler Ch 19 Sec. 12.10) has
been permitted (Deschler Ch 19 Secs. 12.8, 12.9).
Repetition of Motion
A second motion on the same day to recommend the striking of the
enacting clause is not entertained in the absence of any material
modification of the bill. 8 Cannon Sec. 2636; Deschler Ch 19
Secs. 14.1, 14.2; compare 81-2, Jan. 3, 1950, p 6571. Although a
second motion is in order if the bill has been substantially amended
since disposition of the first motion (Deschler Ch 19 Sec. 14.4; 97-2,
July 21, 1982, p 17348), a second motion is not in order if the only
action of the Committee in the interim has been the rejection of a
proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). Of course,
if the first such motion is withdrawn by unanimous consent, a second
motion relating to the enacting clause is in order. Deschler Ch 19
Sec. 14.7. And the motion may be renewed on a subsequent day
regardless of any modification of the bill. Deschler Ch 19 Sec. 14.8.
Sec. 23 . -- When in Order
The motion that the Committee rise and report with the
recommendation that the enacting clause be stricken is not in order
during general debate on the measure. Deschler Ch 19 Sec. 10. The
motion is in order only during the stage of amendment. 88-2, Aug. 7,
1964, p 18606. Thus, the motion is properly offered when the bill is
being read for amendment. Deschler Ch 19 Sec. 11.2. The motion is in
order after the Clerk has begun reading the bill
[[Page 301]]
for amendment under the five-minute rule (95-2, May 17, 1978, p
14173), assuming that another Member has not obtained the floor for
purposes of debate (96-1, June 13, 1979, p 14710). The motion is no
longer in order when the stage of amendment is passed. And the stage
of amendment is passed in Committee where a bill is being considered
under a rule permitting only committee amendments, and where no
committee amendments are offered at the conclusion of general debate.
91-2, Apr. 16, 1970, p 12092. The adoption of an amendment in the
nature of a substitute may also foreclose the opportunity to offer the
motion. Deschler Ch 19 Sec. 11.6.
Sec. 24 . -- Debate
Generally; Time Limitations
The debate on a motion that the Committee of the Whole rise and
report with the recommendation that the enacting clause be stricken is
governed by the five-minute rule. 5 Hinds Secs. 5333-5335; 8 Cannon
Secs. 2628-2631; Deschler Ch 19 Sec. 13. Debate on the motion is thus
limited to 10 minutes, five minutes in favor and five minutes in
opposition. Deschler Ch 19 Sec. 13.1. The Chair has declined to
recognize for requests to extend the five-minute time (Deschler Ch 19
Sec. 13.2), and a Member may not extend his time by using time yielded
to him by unanimous consent under an allocation of time on the
remainder of the bill (94-1, June 24, 1975, p 20618). Debate is
limited to two five-minute speeches even though the proponent and the
Member in opposition both speak in favor of the motion. Deschler Ch 19
Sec. 13.3.
Time may not be reserved. 102-1, May 22, 1991, p ____. Where a
Member recognized for five minutes in opposition to the motion yields
back his time another Member may not claim the unused portion thereof.
100-2, Mar. 3, 1988, p 3241.
Members of the committee managing the bill have priority in
recognition for debate in opposition to the motion. 100-2, May 5,
1988, p 9955; 102-1, June 26, 1991, p ____.
Effect of Limitation of Time for Debate
A limitation of all debate time on a bill and amendments thereto
to a time certain does not preclude debate on a motion to recommend
the striking of the enacting clause during the time remaining under
the limitation. 97-1, Oct. 5, 1981, p 23154. But the motion is not
debatable after all time for debate on the bill and all amendments
thereto has expired. Deschler Ch 19 Sec. 13.7. On the other hand,
where debate has been closed only as to amendments to a bill, and not
on the bill itself, a Member offering the mo-
[[Page 302]]
tion to strike the enacting clause is entitled to five minutes to
debate that motion. 94-1, May 20, 1975, p 15465. A similar practice is
followed where the limitation is only on an amendment in the nature of
a substitute being read as an original bill for the purpose of
amendment under a special order. 94-1, June 20, 1975, p 19966.
Scope of Debate
Since the motion to rise and report with the recommendation that
the enacting clause be stricken applies to the entire bill, debate may
be directed to any part of the bill--or to a pending amendment--and
need not be confined to the merits of the preferential motion. 94-1,
June 20, 1975, p 19951; 97-2, July 29, 1982, p 18605. Thus, the motion
may be used by a Member to secure five minutes to debate a pending
amendment notwithstanding a limitation of time for debate on the
pending amendment and all amendments thereto. 94-1, June 20, 1975, p
19951. But the motion, while debatable as to the merits of the bill,
may not be debated on matters beyond its provisions. 5 Hinds
Sec. 5336.
D. Rising; Reporting to the House
Sec. 25 . Generally
Formal and Informal Rising Distinguished
When the Committee of the Whole terminates or suspends its
proceedings, it ``rises,'' either formally or informally. Deschler Ch
19 Sec. 21.1. When the Committee rises formally, it normally does so
by motion. Sec. 26, infra. When the Committee rises informally, it
does so by unanimous consent (4 Hinds Sec. 4788) or simply at the
direction of the Chairman without a formal motion from the floor
(Deschler Ch 19 Sec. 21.1).
The Committee of the Whole may rise informally to permit the House
to transact unrelated business, such as the swearing in of a Member (4
Hinds Sec. 4791) or the receipt of a message (Deschler Ch 19
Sec. 21.1; Manual Sec. 330) or to lay down a signed enrolled bill.
Having no power to receive a message, the Committee rises informally
to permit the House to do so. 4 Hinds Sec. 4786; Manual Sec. 330. At
this rising, the House may not have the message read or transact other
business except by unanimous consent. 4 Hinds Secs. 4787-4791.
Effect of Special Rules or Orders
The Committee of the Whole rises automatically and without motion
when it rises pursuant to a special rule providing that at the
conclusion of
[[Page 303]]
consideration of the bill for amendment the Committee ``shall'' rise
and report back to the House (94-1, July 30, 1975, p 25881) or to a
House order limiting general debate to a time certain and providing
that the Committee rise at the conclusion of that time. Deschler Ch 19
Sec. 21.3. But a motion to rise is required to enable the Committee to
rise prior to the time fixed by the applicable special rule. 7 Cannon
Sec. 793.
Sec. 26 . Motions to Rise
Generally; Forms
The motion to rise in the Committee of the Whole is analogous to
the motion to adjourn in the House. In the Committee, the motion takes
two forms: (1) the simple motion to rise and (2) the motion to rise
and report. 4 Hinds Secs. 4766, 4767; Deschler Ch 19 Secs. 22.1,
23.13. The motions are expressed as follows:
Mr. Chairman, I move that the Committee do now rise.
Mr. Chairman, I move that the Committee do now rise and report the
bill back to the House with the recommendation that __________.
The motion to rise and report may recommend to the House either a
favorable or adverse disposition of the bill. Or it may recommend that
the consideration of the reported measure be postponed, or that it be
recommitted or tabled, provided that such motion is not precluded by
the applicable special rule. Sec. 20, supra. As to the motion to rise
and report with the recommendation that the enacting clause be
stricken, see Sec. 22, supra.
The motion to rise (or to rise and report) must be in writing if
the demand is made. Deschler Ch 19 Sec. 22.3. The simple motion to
rise does not require a quorum for adoption. 4 Hinds Secs. 2975, 2976;
Deschler Ch 19 Sec. 22.7; Manual Sec. 774c. But a quorum is required
on an affirmative vote on a motion to rise and report. See 4 Hinds
Sec. 2973. Neither motion is debatable. 4 Hinds Secs. 4766-4768;
Deschler Ch 19 Sec. 22.4. Either may be withdrawn by unanimous
consent. Deschler Ch 19 Sec. 22.9. They may not include restrictions
on the amendment process or limitations on future debate on
amendments. 101-2, June 6, 1990, p ____.
Sec. 27 . -- When in Order
The motion that the Committee of the Whole rise is privileged
during debate under the five-minute rule, and may be offered during
debate on a pending amendment, except where another Member has the
floor. 99-2, Aug. 13, 1986, p 21215. The motion is in order
notwithstanding an informal
[[Page 304]]
agreement among the floor managers of a bill to conclude consideration
at a different time (Deschler Ch 19 Sec. 23.4). The motion is in
order:
<box> Pending a decision on a point of order. Deschler Ch 19
Secs. 23.7, 23.8.
<box> After agreement to a motion to limit debate on an amendment.
Deschler Ch 19 Sec. 23.10.
<box> Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
<box> After the absence of a quorum has been ascertained and pending
a vote on an amendment (96-1, June 6, 1979, p 13648), but comes
too late when the Chair has announced the absence of a quorum
and the roll call has begun (91-2, Sept. 16, 1970, p 32229).
<box> Pending a demand for a record vote but prior to the time the
Chair begins the count to determine whether a sufficient number
support the demand. 94-1, Aug. 1, 1975, p 26947.
A motion that the Committee of the Whole rise may be made between
the time an amendment is offered and read and before recognition of
its proponent for debate thereon. 97-1, May 12, 1981, pp 9320, 9323.
Where a special rule provides that the Committee rise and report at
the conclusion of the consideration of a bill for amendment, a motion
that the Committee rise and report the bill with certain amendments,
before the bill has been completely read for amendment, is not in
order, but a simple motion that the Committee rise is in order at that
time. 96-1, Dec. 5, 1979, pp 34755 et seq.
Sec. 28 . -- Who May Offer
In the Committee of the Whole, any Member may move to rise and the
Chairman is constrained to recognize for that purpose (8 Cannon
Sec. 2369), unless another Member controls the floor (Deschler Ch 19
Sec. 24.2). Although the motion may be offered by any Member entitled
to the floor in his own right (Deschler Ch 19 Sec. 23.1), the motion
is commonly made by the Member handling the bill before the Committee
(Deschler Ch 19 Secs. 22.5, 22.8). The motion may also be made by a
Member who holds the floor by virtue of having offered an amendment.
90-1, Nov. 15, 1967, p 32694.
A Member holding the floor may not be interrupted by a motion to
rise even though he has not yet begun to speak. 8 Cannon Sec. 2370. A
Member may not, in time yielded to him for general debate, move that
the Committee rise (90-1, May 25, 1967, p 14121) or yield to another
for such a motion (81-2, Feb. 22, 1950, p 2178). But the majority or
minority member controlling the time for general debate may yield for
a motion that the Committee rise, and he may do so without losing his
right to continue at the next sitting of the Committee on the same
matter. 5 Hinds Secs. 5012, 5013.
[[Page 305]]
As to precedence of a motion to rise and report a general
appropriation bill, if offered by the Majority Leader, over a
limitation amendment, see Sec. 21, supra.
Sec. 29 . Reporting to the House
Generally
When a matter is concluded in the Committee of the Whole, it is
reported to the House. The permission of the House is neither required
nor sought when the Chairman reports on a measure; the report is made
and received as a matter of course, and is then before the House for
action. Manual Sec. 334. When the Committee rises without concluding
the matter, the Chairman reports that they ``have come to no
resolution thereon.'' Under this procedure the Chairman does not
report the measure back to the House. Deschler Ch 19 Sec. 21.4. The
measure remains as unfinished business for subsequent consideration in
the Committee. Sec. 19, supra.
The Speaker recognizes only reports from the Committee of the
Whole made by the Chairman thereof. 5 Hinds Sec. 6987. The Speaker has
no official knowledge of proceedings in the Committee beyond those
reported by its Chairman. And a matter alleged to have arisen therein
but not reported may not be brought to the attention of the House. 8
Cannon Secs. 2429, 2430.
Sec. 30 . House Action on Committee Reports
Generally
When the Committee of the Whole reports to the House, the House
usually acts at once on the report without reference to select or
other committees. Manual Sec. 326. The recommendation of the Committee
being before the House, the motion to carry out the recommendation is
usually considered as pending without being offered from the floor. 4
Hinds Sec. 4896.
The recommendation of the Committee may be favorable or adverse,
and the bill may be reported with or without amendments:
Chairman: Mr. Speaker, the Committee of the Whole House on the
state of the Union, having had under consideration the bill H.R.
______, directs me to report it back to the House with sundry
amendments and with the recommendation that the amendments be agreed
to and the bill as amended do pass.
The Speaker: The gentleman from ______ reports that the Committee
of the Whole House on the state of the Union, having had under
consideration the bill H.R. ______, directs him to report. . . .
House action on amendments reported from the Committee of the
Whole, including the demand for separate votes, see Amendments. For
[[Page 306]]
steps to be taken in the passage of a bill in the House, see Previous
Question and Reading, Passage, and Enactment.
Recommittal to the Committee of the Whole
Bills are sometimes recommitted to the Committee of the Whole as
the result of the action of the House (4 Hinds Sec. 4784) or on motion
either with or without instructions (5 Hinds Secs. 5552, 5553). If the
bill is reported from the Committee with an adverse recommendation,
and such recommendation is disagreed to by the House, the bill stands
recommitted to the Committee without further action by the House,
unless the bill is disposed of pursuant to a motion to refer. Manual
Secs. 875. When a recommendation of the Committee that the enacting
clause of a bill be stricken is rejected by the House, the House,
without motion, resolves itself into the Committee of the Whole for
the further consideration of the bill. Manual Sec. 876a; 7 Cannon
Sec. 943; 89-1, Sept. 29, 1965, p 25418; 90-1, Apr. 6, 1967, p 8611.