[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 12. Committees of the Whole]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
A. Generally
Sec. 1. In General
Sec. 2. Jurisdiction and Authority; Reference
Sec. 3. Matters Requiring Consideration in the Committee of the Whole
Sec. 4. -- Amendments Between the Houses
Sec. 5. Resolving Into the Committee of the Whole
Sec. 6. -- By Motion
Sec. 7. The Chair
Sec. 8. -- Limitations on Jurisdiction and Authority of Chair
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. Motions in Committee
Sec. 20. In General
Sec. 21. Precedence of Motions
Sec. 22. Motion Relating to Enacting Clause
Sec. 23. -- When in Order
Sec. 24. -- Debate
D. Rising; Reporting to the House
Sec. 25. Generally
Sec. 26. Motions to Rise
[[Page 300]]
Sec. 27. -- When in Order
Sec. 28. -- Who May Offer
Sec. 29. Reporting to the House
Sec. 30. House Action on Committee Reports
Research References
4 Hinds Sec. Sec. 4704-4922
8 Cannon Sec. Sec. 2318-2430
Deschler Ch 19
Manual Sec. Sec. 326-340; 970-993
A. Generally
Sec. 1 . In General
Role and Functions; Historical Background
The Committee of the Whole has been described as an ancient
parliamentary institution, having been derived from the practice of
the English House of Commons. 4 Hinds Sec. 4705; Deschler Ch 19
Sec. 5. The Continental Congress frequently used the Committee of the
Whole for important business. 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
clause 3 of rule XVIII, which requires the reference to its calendar
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. 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 completely dissolved. The House merely
resolves into and out of Committee of the Whole, and bills remain on
its calendar until reported therefrom. 4 Hinds Sec. 4705.
Every Member of the House is a member of the Committee of the
Whole. However, the Committee may sit with a smaller number (100
Members) than is required to transact business in the House (218
Members). Clause 6(a) of rule XVIII. For a discussion of quorums
generally, see Quorums.
[[Page 301]]
Distinguishing the Committee of the Whole
The term ``Committee of the Whole'' refers to the ``Committee of
the Whole House on the state of the Union,'' which considers public
bills. Deschler Ch 19 Sec. 1. Prior to 1935, the term was also 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 Calendar have been considered in the ``House as
in the 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) and was deleted from the rules when they were
recodified in 1999.
House as in the Committee of the Whole
When the House sits as in the 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. Manual Sec. Sec. 424, 427; 4 Hinds
Sec. 4924. This practice is permitted in the consideration of public
bills only by unanimous consent or pursuant to a special order of
business from the Committee on Rules. Manual Sec. 424. A motion that a
proposition be considered under that procedure is not in order. Manual
Sec. 424; 4 Hinds Sec. 4923.
The Speaker remains in the Chair, and a quorum of the House (and
not of the Committee of the Whole) is required. 6 Cannon Sec. 639. The
measure is considered to have been read for amendment, and is open to
amendment at any point. Manual Sec. 427. A motion to close debate on
the pending measure (or an amendment) is in order. Manual Sec. 427.
When the House is sitting as in the Committee of the Whole, it may
invoke many procedures that are not available to it when it is meeting
in the Committee of the Whole. Manual Sec. 427. For example, it may:
Order the yeas and nays by one-fifth of those present or upon
objection for lack of a quorum. 4 Hinds Sec. 4923.
Receive messages from the President or the Senate. 4 Hinds
Sec. 4923.
Permit withdrawal of amendments before action thereon. 4 Hinds
Sec. 4935.
Refer to a committee. 4 Hinds Sec. Sec. 4931, 4932.
Entertain the previous question. 4 Hinds Sec. Sec. 4926-4929;
6 Cannon Sec. 639.
Entertain the motion to reconsider. 8 Cannon Sec. 2793.
Entertain the motion to adjourn. 4 Hinds Sec. 4923.
The procedures applicable in the House as in the Committee of the
Whole apply generally to proceedings in standing committees of the
House. Manual Sec. 427; see also Committees.
[[Page 302]]
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. Deschler Ch
19 Sec. 1.1.
Sec. 2 . Jurisdiction and Authority; Reference
Generally; Public Bills
Under clause 1(a)(1) of rule XIII, bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property are referred to the Union
Calendar and considered in the Committee of the Whole. See also clause
3 of rule XVIII. 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.
Whether a bill should be referred to the Union Calendar is
governed by the text of the bill as introduced, and amendments
recommended by the committee reporting it are not considered. Thus, a
bill that includes a charge on the Treasury is referred to the Union
Calendar notwithstanding a committee amendment striking 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 referred to the Committee pursuant to House order. For
example, the annual message of the President is customarily referred
to the Committee of the Whole by motion. Propositions to change the
rules of the House have been considered in Committee of the Whole
pursuant to a special order of business. 4 Hinds Sec. 4822; Deschler
Ch 21 Sec. 21.15.
Referrals; Effect of Special Orders of Business
Measures referred by the Speaker to the Union Calendar for
consideration in the Committee of the Whole are considered therein
under special orders of business reported by the Committee on Rules or
by the standing rules applicable to the Committee of the Whole. See
rule XVIII.
The Committee has no authority to change an order of the House
governing the consideration of a particular measure in the Committee
of the Whole, although minor modifications may be accomplished by
unanimous
[[Page 303]]
consent. Manual Sec. 993; see also Special Orders of Business. Thus,
where the Committee of the Whole is considering a bill under a special
order of business that fixes the time for debate and the amendments
that may be offered, a Member may not be recognized to seek unanimous
consent to offer a measure that is beyond the scope of the special
order of business (4 Hinds Sec. Sec. 4712, 4713) or to extend the time
for general debate as fixed thereby (5 Hinds Sec. Sec. 5212-5216).
Bills are sometimes referred to the Committee of the Whole as a
result of action in the House resulting in its recommittal thereto
(Manual Sec. 988; 4 Hinds Sec. 4784) or in unusual situations pursuant
to a motion to recommit in the House either with or without
instructions (5 Hinds Sec. Sec. 5552, 5553).
Presidential Messages
The President's state of the Union message is referred by motion
to the Committee of the Whole. See, e.g., 106-2, Jan. 27, 2000, p 162;
112-1, Jan. 25, 2011, p __. Other Presidential messages are normally
referred to the committee having jurisdiction by order of the Speaker.
Manual Sec. 873. 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
Many procedures and motions traditionally available in the House
may not be invoked in the Committee of the Whole. See Sec. 8, infra.
For example, the Committee of the Whole may not:
Appoint, authorize, or discharge committees. 4 Hinds
Sec. Sec. 4697, 4710.
Entertain the question of consideration (7 Cannon Sec. 952)
except pursuant to those provisions of the Congressional Budget
Act and the Statutory Pay-As-You-Go Act of 2010 that permit the
question of consideration in the disposition of certain points
of order (Manual Sec. Sec. 910, 991).
Transact proceedings regarding words demanded to be taken down
in debate. 2 Hinds Sec. Sec. 1257-1259; 8 Cannon Sec. 2539.
Recess without permission of the House (5 Hinds
Sec. Sec. 6669-6671), except in case of emergency (clause
12(b)(2) of rule I).
Instruct conferees. 8 Cannon Sec. 2320.
Consider questions of privilege under rule IX. Manual
Sec. 711; 2 Hinds Sec. 1657; Deschler Ch 11 Sec. 4.3.
Authorize extraneous matter to be included in the
Congressional Record. Manual Sec. 688.
Similarly, unanimous-consent requests may not be entertained in
the Committee of the Whole if they materially alter procedures
required by a
[[Page 304]]
special order of business or other order adopted by the House. For
example, the Committee of the Whole may not:
Permit a perfecting amendment to be offered to the underlying
bill where a special order of business permitted its
consideration only as a perfecting amendment to a committee
amendment.
Permit a substitute to be read by section for amendment where
the special order of business did not so provide.
Extend the time limitation for consideration of amendments
beyond that set by a special order of business requiring the
Chair to put the question on the pending amendments at the
expiration of certain hours of consideration.
Restrict authority granted in a special order of business to
offer amendments ``en bloc.''
Change the scheme for control (other than among committees
controlling time) or duration of general debate specified by
the House.
Reduce below 15 minutes the minimum time for the first
recorded vote in a series.
Preempt the Chair's discretion to postpone and cluster votes.
Permit an amendment to an amendment rendered unamendable by a
special order of business or permit a subsequent amendment
changing an unamendable amendment already adopted.
Permit consideration of an amendment out of the order
specified in a special order of business.
Permit consideration of an additional amendment or authorize a
supplemental report from the Committee on Rules in lieu of the
original report referred to in the special order of business.
Permit a different Member to offer an amendment vested in a
specified Member.
Permit a division of the question on an amendment rendered
indivisible by a special order of business.
Manual Sec. 993.
Where the Committee of the Whole reports a recommendation that is
ruled out as in excess of its powers, the accompanying bill stands
recommitted to the Committee of the Whole. Manual Sec. 335; 4 Hinds
Sec. 4908.
On the other hand, unanimous-consent requests may be entertained
in the Committee of the Whole if they do not materially alter
procedures required by special order of business or other order
adopted by the House.
[[Page 305]]
For example, unanimous-consent requests have been entertained in the
Committee of the Whole to:
Permit one of two committees controlling time for general
debate pursuant to a special order of business to yield control
of its time to the other.
Permit the modification of a designated amendment made in
order by a special order of business, once offered, if the
request is propounded by the proponent of the amendment,
including as unfinished business where proceedings on a request
for a recorded vote have been postponed.
Permit a page reference to be included in a designated
amendment made in order as printed where the printed amendment
did not include that reference.
Permit a supporter of an amendment to claim debate time
allocated by a special order of business to an opponent, where
no opponent seeks recognition.
Shorten the time set by a special order of business for debate
on a particular amendment.
Lengthen the time set by a special order of business for
debate on a particular amendment under terms of control
congruent with those set by the order of the House.
Permit en bloc consideration of several amendments under a
``modified-closed'' special order of business providing for the
sequential consideration of designated separate amendments.
Reach ahead in the reading of a general appropriation bill to
consider one amendment without prejudice to others earlier in
the bill under a special order of the House contemplating that
each remaining amendment be offered only at the ``appropriate
point in the reading of the bill.''
Permit the reading of an amendment that was considered as read
under a special order of business.
Manual Sec. 993.
Authority to Originate Measures
In the early practice, the Committee of the Whole could consider a
matter even though the matter had not been referred to it by the
House. 4 Hinds Sec. 4705. Today, the Committee of the Whole no longer
originates measures, but receives only such measures as have been
referred to it, usually by way of a special order of business. Manual
Sec. 326; 4 Hinds Sec. 4707. Under this practice, the House may not
resolve into the Committee of the Whole for the purpose of originating
a measure except by unanimous consent. Manual Sec. 412. Absent an
appropriate referral, the Committee of the Whole may not report a
recommendation, that, if carried into effect, would change a rule of
the House. 4 Hinds Sec. Sec. 4907, 4908.
[[Page 306]]
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 Sec. Sec. 6559, 6561.
Sec. 3 . Matters Requiring Consideration in the Committee of the Whole
Generally
Clause 3 of rule XVIII specifies the matters that 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 involving
appropriations of money or property, 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.
The consideration of a measure by unanimous consent waives any
requirement as to consideration in Committee of the Whole. 4 Hinds
Sec. 4823; 8 Cannon Sec. 2393. Similarly, the effect of a special
order of business may be to discharge the Committee of the Whole and
bring the bill directly before the House. Manual Sec. 973. In the
modern practice, special orders of business reported from the
Committee on Rules often provide for consideration of a measure on the
Union Calendar in the House where no amendments, or only one
amendment, are made in order. See, e.g., 107-1, H. Res. 199, Apr. 26,
2001, p 6299.
The requirement of clause 3 of rule XVIII is that the class of
business specified by the rule must be ``first'' considered in the
Committee of the Whole. Manual Sec. 973. 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. Manual Sec. 973;
4 Hinds Sec. 4828; 5 Hinds Sec. Sec. 5545, 5546.
Measures Requiring Consideration in the Committee of the Whole
The following measures require consideration in the Committee of
the Whole:
Increasing the rate of postage. 4 Hinds Sec. 4861.
Creating a new Federal office. 4 Hinds Sec. 4846.
[[Page 307]]
Authorizing an undertaking by a government agency that will
incur an expense, however small, to the government. 8 Cannon
Sec. 2401.
Requiring an expenditure with some probability. Deschler Ch 19
Sec. 1.
Setting in motion a chain of circumstances destined ultimately
to involve certain expenditures. 4 Hinds Sec. 4827; 8 Cannon
Sec. 2399.
Measures Not Requiring Consideration in the Committee of the Whole
The following measures do not require consideration in the
Committee of the Whole:
Not directly making an appropriation of money or requiring one
to be made. 4 Hinds Sec. 4856.
Making an expenditure that is to be borne otherwise than by
the Federal Government. 4 Hinds Sec. 4831.
Proposing an amendment to the Constitution to extend the term
of office of certain officials. 8 Cannon Sec. 2395.
Sec. 4 . -- Amendments Between the Houses
Clause 3 of rule XVIII, requiring that any proposition involving a
tax or an appropriation of money or property must be considered in the
Committee of the Whole, is applicable to Senate amendments to House
measures. Sec. 3, supra. 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 to the Committee of the Whole. Manual
Sec. 874; 4 Hinds Sec. Sec. 3094, 3108-3110. Similarly, a House
amendment to a Senate amendment is subject to clause 3. 4 Hinds
Sec. 4795. Normally, such Senate and House amendments are not referred
to committee, but are held at the Speaker's desk (pursuant to the
Speaker's discretionary authority under clause 2(b) of rule XIV) for
disposition by the House. Manual Sec. Sec. 874, 1073.
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.
A Senate amendment to a House bill is subject to the point of
order that it must first be considered in the Committee of the Whole
if, had it originated in the House, the amendment would be subject to
that point of order. Clause 3 of rule XXII; Manual Sec. 1072. Hence, a
Senate amendment that 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. However, a Senate amendment that merely modifies a
House proposition, such
[[Page 308]]
as an increase or decrease in the amount of an appropriation and that
does not involve a new and distinct expenditure, is not required to be
considered in the Committee of the Whole. Manual Sec. 1073; 4 Hinds
Sec. Sec. 4797, 4800; 8 Cannon Sec. Sec. 2382, 2385. Moreover, the
requirement that certain Senate amendments be considered in the
Committee of the Whole applies only before the stage of disagreement
has been reached on the Senate amendment (and not thereafter), 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 are reported from conference in
disagreement. Manual Sec. Sec. 1073, 1074. 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 clause 3 of rule XXII that the amendment be
``first considered'' in the Committee of the Whole does not apply if
the House has agreed to a special order of business providing that the
amendment is ``hereby'' considered as adopted. Manual Sec. 1073; see,
e.g., 103-1, H. Res. 71, Feb. 4, 1993, p 2500.
Sec. 5 . Resolving Into the Committee of the Whole
Generally; Declaration by Speaker
The House may resolve into the Committee of the Whole pursuant to
motion or by declaration of the Speaker pursuant to clause 2 of rule
XVIII after the House has adopted a special order of business from the
Committee on Rules providing for consideration of a measure in the
Committee of the Whole and permitting such declaration. 4 Hinds
Sec. 3214; 7 Cannon Sec. Sec. 783, 794; Deschler Ch 19 Sec. 4; Sec. 6,
infra. When employing the latter method, the Speaker may at any time
after adoption of the resolution, when no other question is pending,
declare the House resolved into the Committee of the Whole for
consideration of a measure. Under the modern practice, this is the
generally used mechanism for resolving into the Committee for the
consideration of both nonprivileged bills and privileged general
appropriation bills.
[[Page 309]]
Resolving Automatically Into the Committee of the Whole
The House automatically and without motion resolves itself into
the Committee of the Whole to consider a measure:
When a special order of business from the Committee on Rules
provides for the immediate consideration of the measure in the
Committee of the Whole. 7 Cannon Sec. Sec. 783, 794; Deschler
Ch 19 Sec. 4.1.
After the Speaker has ruled on words taken down in the
Committee of the Whole. Deschler Ch 19 Sec. 4.8.
After a recommendation of the Committee of the Whole that the
enacting clause of the measure be stricken is rejected by the
House. Deschler Ch 19 Sec. 10.9.
When a bill on the Union Calendar is timely called up (or is
the unfinished business) on Calendar Wednesday. Manual
Sec. 901; 7 Cannon Sec. Sec. 939, 940, 942.
Sec. 6 . -- By Motion
Although rarely used in recent years, the House may resolve into
Committee of the Whole pursuant to motion (Deschler Ch 19 Sec. 4), as
follows:
Member: M_. 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. 869. However, the motion is usually given more
preferential status by the adoption of a special order of business
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. 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 a 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 and continuing appropriations after
September 15 is privileged under clause 5 of rule XIII, if called up
by direction of the Committee on Appropriations. Manual Sec. Sec. 853,
856. The motion is neither debatable nor amendable (4 Hinds
Sec. 3078), is not 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). Although highly privileged, the mo
[[Page 310]]
tion does not take precedence over a motion to reconsider or a motion
to change the reference of a bill. 4 Hinds Sec. 3087; 7 Cannon
Sec. 2124.
Former Practices
Prior to 1975 the use of the motion to consider revenue bills in
the Committee of the Whole was of equal privilege, but there no longer
is a privileged status for that motion. Manual Sec. 856; Deschler Ch
19 Sec. 4 (note 17).
Some procedures regarding consideration of business in the
Committee of the Whole are seldom used in modern practice. 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
of the Whole 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 order of business from the Committee on
Rules or pursuant to a unanimous-consent request.
Under an earlier practice found in clause 4 of rule XVIII, the
Committee of the Whole can determine its own order of business unless
the House so determines, with general appropriation bills taking
precedence.
Sec. 7 . The Chair
The chair of the Committee of the Whole is appointed by the
Speaker. Manual Sec. 970. Following a custom of the British
Parliament, the House requires the Speaker ``in all cases'' to leave
the chair after appointing the chair of the Committee of the Whole.
Manual Sec. 970; Deschler Ch 19 Sec. 5. Where the Member named by the
Speaker to act as Chair is unavailable, the Speaker may ask another
Member to assume the chair as acting Chair. Where the Member appointed
to preside over the Committee of the Whole is female, the proper form
of address is ``Madam Chair.'' Deschler Ch 19 Sec. 5.3.
In general, the Chair recognizes for debate and decides questions
of order arising in the Committee of the Whole independently of the
Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken down'' in
debate, the Chair reports them to the Speaker, who rules on their
admissibility. Otherwise, points of order relating to procedure in the
Committee of the Whole are decided by the Chair (Manual Sec. 961; 5
Hinds Sec. 6927; Sec. 16, infra) and are subject to appeal (5 Hinds
Sec. 6928; Deschler Ch 19 Sec. 9.1). In exceptional cases, the
Committee of the Whole may rise and report the question to the House.
4 Hinds Sec. 4783.
[[Page 311]]
The Chair has a duty to enforce the rules of decorum in debate. 8
Cannon Sec. Sec. 2515, 2520. Under clause 1 of rule XVIII, the Chair
may cause the galleries or lobbies to be cleared in case of
disturbance or disorderly conduct. Manual Sec. 971.
The Chair directs the Committee of the Whole to rise when the hour
previously fixed for adjournment arrives, when the hour fixed by the
House for termination of the consideration of the bill in Committee
arrives, or when a rule provides for automatic rising after general
debate. Manual Sec. 971.
Sec. 8 . -- Limitations on Jurisdiction and Authority of Chair
The functions of the chair of the Committee of the Whole are not
unlimited; certain determinations are reserved to the Speaker, the
House, or the Committee itself. Manual Sec. 971. Thus, the Chair does
not:
Decide whether the Committee may sit in executive session
(reserved to the House). Deschler Ch 19 Sec. 7.18.
Entertain unanimous-consent requests to materially alter an
order of the House governing the consideration of a measure in
the Committee of the Whole. Manual Sec. 993.
Respond to inquiries concerning the legislative schedule
outside the Committee of the Whole (97-2, July 29, 1982, p
18605); including whether or when a pending bill will be taken
up again after the Committee rises (Deschler Ch 19
Sec. Sec. 7.14, 7.15).
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 of the Whole rises (Deschler Ch 19 Sec. 7.9).
Consider a question that had arisen in the House just before
the Committee began to sit. Manual Sec. 971.
Interpret the application of a rule of the House that sets
forth the vote required to adopt a resolution in the House.
Deschler Ch 19 Sec. 7.13.
Determine whether the House can rescind a time limitation
imposed by the Committee. Deschler Ch 19 Sec. 7.12.
Determine the privileges of a Member under general ``leave to
print.'' 5 Hinds Sec. 6988.
For examples of limitations on the authority of the Committee of
the Whole, see Manual Sec. 993; Sec. 2, supra. For the practice
governing the Chair in deciding points of order and responding to
parliamentary inquiries (both Speaker and chair of the Committee of
the Whole), see Points of Order; Parliamentary Inquiries; Manual
Sec. Sec. 628, 628a.
[[Page 312]]
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 pursuant to a special
order of business from the Committee on Rules or other House order.
The Committee of the Whole may not set aside or materially modify such
an order, even by unanimous consent. Manual Sec. 993.
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. 982. 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. Manual Sec. 982. 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
Sec. Sec. 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 Sec. Sec. 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 Chair
directs that the Members record their presence by electronic device.
Manual Sec. 982. It is a quorum of the Committee of the Whole--100
Members--and not a quorum of the House that must appear. Deschler Ch
20 Sec. 7.1. In ascertaining the presence of a quorum, the Chair
includes those Members present but not voting as well as those voting.
6 Cannon Sec. Sec. 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 of the Whole 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 to rise, the Committee of the Whole
proceeds with its business. 6 Cannon Sec. Sec. 670, 671; 8 Cannon
Sec. 2369. For a discussion of motions to rise generally, see
Sec. Sec. 26-28, infra.
Clause 6 of rule XVIII sharply limits the circumstances under
which a point of order of no quorum may be raised once the House has
resolved into Committee. After a quorum has been established in the
Committee of the Whole on any given day (by quorum call or recorded
vote), the Chair
[[Page 313]]
may not thereafter entertain a point of order that a quorum is not
present unless (1) the Committee of the Whole is operating under the
five-minute rule (which has been interpreted to include any
``modified-closed'' amendment process under the terms of a special
order of business) and (2) the Chair has put the pending motion or
proposition to a vote. Manual Sec. 982. During general debate, there
is no requirement of a quorum; but the Chair is given the discretion
to recognize for a point of order of no quorum. Clause 6(b)(1) of rule
XVIII.
The Chair 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 of the Whole 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. Manual Sec. 982. This precedent
applies even when a measure is considered in the Committee of the
Whole under a modified-closed rule that specifies the amendments that
may be offered and establishes the time for their debate, such rule
declaring the measure read for amendment under the five-minute rule.
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 order of no quorum during debate is precluded
except by unanimous consent. Manual Sec. 982.
Sec. 10 . First Reading
When a bill is taken up in the Committee of the Whole, clause 5(a)
of rule XVIII requires its reading in full before general debate
begins, unless such reading has been properly dispensed with by
unanimous consent or by a special order of business from the Committee
on Rules. The first reading is normally dispensed with in this manner.
Manual Sec. 942. A motion to dispense with the first reading of the
bill is not in order. 8 Cannon Sec. Sec. 2335, 2436.
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. Manual
Sec. Sec. 979, 993.
The control of the House over general debate time in the Committee
of the Whole may be exercised through a unanimous-consent request or
through the adoption of a special order of business from the Committee
on Rules. See, e.g., Deschler-Brown Ch 29 Sec. Sec. 76.1, 76.7. Where
the House has
[[Page 314]]
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 because time is controlled by those to whom it is
allotted by the House and is not subject to extension by the Committee
of the Whole. Manual Sec. 979. However, time may be reallocated by
unanimous consent among committees controlling debate time pursuant to
an order of the House.
When the House has vested control of general debate in the
Committee of the Whole 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, nor may Members yielded time in
general debate yield to another for such motion. Manual Sec. 334.
The Hour Rule
In the absence of a House order limiting general debate in
Committee of the Whole, debate in the Committee of the Whole is under
the hour rule. A Member having control of such time may not consume
more than one hour. Manual Sec. 978.
Prior to 1841 there was no limit on the time that a Member might
occupy when in possession of the floor in the Committee of the Whole.
This practice hindered the ability of the Committee of the Whole to
complete action on bills. 5 Hinds Sec. 5221. In that year the rule of
the House that no Member could speak for more than one hour was
applied to the Committee of the Whole. Manual Sec. Sec. 957, 978. This
one-hour limitation applies to each Member recognized to speak in the
Committee of the Whole. Deschler Ch 19 Sec. 15. However, a Member
recognized for one hour of debate may yield time to a Member who has
just occupied an hour. 8 Cannon Sec. 2470.
Yielding Time
Members managing general debate under the hour rule in Committee
of the Whole may yield any portion of their time to another Member,
who may in turn yield to a third Member while remaining standing. 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 of business 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 (although not a block of time) while remaining standing, and
permission of the first Member is not necessary. Deschler Ch 19
Sec. 15.
[[Page 315]]
Members may speak in general debate on a bill as many times as
they are yielded to by those in control of the debate. Manual
Sec. 959; Deschler Ch 19 Sec. 15.8. 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
The right to close general debate inures to the majority manager
of the primary committee who has opened. Manual Sec. 979. General
debate in Committee of the Whole is closed or terminated pursuant to
an order of the House or sooner if no Member desires to participate
further. Manual Sec. 978; 4 Hinds Sec. 4745; 5 Hinds Sec. 5221.
Amendments may not be offered in the Committee of the Whole until
general debate has been closed or yielded back, and motions for the
disposition of the pending bill are not in order before that time. 4
Hinds Sec. Sec. 4744, 4778; 5 Hinds Sec. 5221. 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. Rather, they may agree
among themselves to close further general debate, yield their
remaining time, and allow consideration of the bill under the five-
minute rule to begin. Deschler-Brown Ch 29 Sec. 76.1.
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 such Member may offer, after which the Member who first
obtains the floor is allowed five minutes to oppose it. Manual
Sec. Sec. 978, 980. Thereafter, a Member may obtain five minutes for
debate by offering a pro forma amendment ``to strike the last word.''
No actual change in text is contemplated by the offering of such
amendment. Manual Sec. 981. For a discussion of pro forma amendments
generally, see Sec. 14, infra.
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 also provides that
amendments may be withdrawn only by unanimous consent. Manual
Sec. 978.
[[Page 316]]
The five-minute rule is applicable to amendments that are offered
to amendments. Manual Sec. 978. However, where an amendment to a bill
has been offered, the right to explain or oppose that amendment has
precedence over a motion to amend it. 4 Hinds Sec. 4751.
Under the modern practice of the House, bills increasingly are
considered in the Committee of the Whole under a ``modified-closed''
amendment process. Such process vitiates, in part, the five-minute
rule by considering the bill as having been read for amendment,
restricting amendments that may be offered, and by limiting and
controlling debate time on amendments made in order.
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 then be seated. 100-1,
Dec. 10, 1987, p 34686. Although Members recognized in debate under
the rule may yield to other Members while remaining on their feet,
they may not yield designated amounts of time. 5 Hinds Sec. Sec. 5036,
5037; Deschler Ch 19 Sec. 15. They may not yield to another Member to
offer an amendment. 93-1, Dec. 14, 1973, p 41716; 94-2, Sept. 8, 1976,
p 29243.
Where debate on an amendment is limited or allocated by a special
order of business, or by the Chair, to a proponent and an opponent,
the Members controlling the debate may yield and reserve time; but
debate time on an amendment under the five-minute rule cannot be
reserved. Manual Sec. 980.
Reading for Amendment
In Committee of the Whole, bills are read for amendment by section
pursuant to a practice dating from 1789, because each section normally
contains a substantive legislative provision. Manual Sec. 980. General
appropriation bills, on the other hand, are ordinarily read by
paragraphs, because such bills are normally drafted so that each
paragraph contains an appropriation. However, whether a bill shall be
read by paragraphs, sections, or titles is determined by unanimous
consent or special order of business 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. Changing the reading cannot be
accomplished by motion. Manual Sec. 980; Deschler Ch 21 Sec. 25.
When a paragraph or section has been passed in the reading, it is
not in order to return thereto except by unanimous consent. Manual
Sec. 980. How
[[Page 317]]
ever, the Chair may direct a return to a section where, through
inadvertence, no action was taken 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 ostensible
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.
Manual Sec. 981; Deschler Ch 19 Sec. 15.
When in Order
Like substantive amendments, pro forma amendments are in order
following the reading of a section or paragraph of the pending measure
and are liberally permitted during debate under the five-minute rule.
See Amendments. A Member who has expended five minutes on a pro forma
amendment may not lengthen this time by making another pro forma
amendment at that point in the reading. 5 Hinds Sec. 5222; 8 Cannon
Sec. 2560; Deschler Ch 19 Sec. 15. A Member who has offered a
substantive amendment and then debated it for five minutes may not
extend the time by offering a pro forma amendment, as it is not in
order to amend one's own amendment except by unanimous consent. Manual
Sec. 981. Conversely, a Member recognized on a pro forma amendment may
not automatically extend the time by offering a substantive amendment,
not having been recognized for that purpose. Deschler Ch 19
Sec. 15.11.
Pro forma amendments are not in order when a bill is being
considered under a ``closed'' or ``modified-closed'' rule prohibiting
all amendments or permitting only certain amendments, unless the rule
specifies to the contrary. Deschler-Brown Ch 29 Sec. 77.20. Similarly,
the offering of a pro forma amendment requires unanimous consent after
a substitute has been adopted and before the vote on the amendment, as
amended, because the amendment has been amended in its entirety; and
no further amendments, including pro forma amendments, are in order.
Manual Sec. 981.
Sec. 15 . Relevancy in Debate
Latitude in general debate is normally limited by a special order
of business from the Committee on Rules or other order of the House,
which
[[Page 318]]
routinely confines general debate to the subject of the measure.
Manual Sec. 948. Latitude in debate under the five-minute rule is
limited by clause 5(a) of rule XVIII, which permits five minutes to
``explain'' an amendment and five minutes to speak ``in opposition''
to the amendment. Manual Sec. 978. For a more thorough discussion of
relevancy of debate in the Committee of the Whole, see Consideration
and Debate.
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 Sec. Sec. 1648-1652. Under the modern
practice, the Chair directs the Committee of the Whole to rise and
report to the House when objections have been made to words spoken in
debate. Manual Sec. 971; Cannon Sec. Sec. 2533, 2538; Deschler Ch 19
Sec. 17.
Under this procedure, a Member must be seated when called to order
by the Chair. Deschler Ch 19 Sec. 17.1. The Chair or any Member may
cause the words to be taken down at the Clerk's desk and read in the
Committee of the Whole, which then rises automatically without debate.
8 Cannon Sec. Sec. 2533, 2538, 2539. The words are then reported to
the House and are again read. 2 Hinds Sec. Sec. 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 in the Committee of the Whole or in the
House only by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538, 2540;
Deschler Ch 19 Sec. 17.7. If the words are not withdrawn, the Speaker
rules on whether the words are unparliamentary (Deschler Ch 19
Sec. 17.5), and such ruling is subject to appeal (Manual
Sec. Sec. 629, 961; 5 Hinds Sec. Sec. 5157, 5178, 5194; Deschler-Brown
Ch 29 Sec. 50.8). Withdrawal of a demand that words be taken down is a
matter of right and does not require unanimous consent.
If a Member's words are ruled out of order, motions in the House
to strike unparliamentary words from the Record and to permit the
offending Member to proceed in order are available before the
Committee of the Whole resumes its sitting. Instances of disorder
during debate in the Committee of the Whole may be disposed of in the
House pursuant to a motion to expunge the offending language from the
Record (8 Cannon Sec. Sec. 2538, 2539) or, in especially flagrant
instances, pursuant to a resolution of censure (2 Hinds
Sec. Sec. 1257, 1259). However, censure is not a remedy available for
words spoken if debate or business has intervened. Clause 4(b) of rule
XVII.
[[Page 319]]
After disposition of the matter in the House, the Committee of the
Whole automatically resumes its sitting. Manual Sec. 961; 8 Cannon
Sec. 2541; Deschler Ch 19 Sec. 17.5.
For general discussion of disorder in debate, see Consideration
and Debate.
Sec. 17 . Voting
The methods and procedures by which Members vote in Committee of
the Whole are prescribed by the rules of the House, particularly rule
XX and clause 6 of rule XVIII. They include:
Voice vote--Based on volume of sound of Members responding aye
or no. Clause 6 of rule I; Manual Sec. 630.
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 stand to be counted, first those voting in
the affirmative, then those voting in the negative. Clause 1 of
rule XX; Manual Sec. 1012.
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. A recorded vote may be preceded by a point of order of
no quorum, which requires the Chair to first count for 100
Members. Clause 6 of rule XVIII; Manual Sec. Sec. 982, 983. The
Chair's count is not subject to challenge. Manual Sec. 629.
Record vote by tellers or a ``roll call''--During a record
vote by tellers, the Members cast their votes by depositing a
signed green (yea) or red (no) card in a ballot box. Clause 4
of rule XX; Manual Sec. 1019. During a ``roll call'' the Chair
directs the Clerk to call the roll alphabetically. Clause 3 of
rule XX; Manual Sec. 1015. These procedures have been
supplanted by the use of the electronic voting equipment and
are used primarily as a backup voting system when that
equipment becomes inoperative.
A vote by the yeas and nays, which may be demanded in the House
under the Constitution or obtained automatically under clause 6 of
rule XX, is not in order in Committee of the Whole. Manual
Sec. Sec. 76, 1026.
Under clause 6(g) of rule XVIII, the Chair may postpone a request
for a recorded vote on any amendment; and may resume proceedings on
that request at any time. An electronic vote ordered on the postponed
request may be reduced to not less than two minutes, provided the
first vote in a series is 15 minutes. Manual Sec. 984.
For a discussion of voting procedures generally, see Voting.
[[Page 320]]
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 Chair, not
the Speaker. Manual Sec. 971; 5 Hinds Sec. Sec. 6927, 6928; Deschler
Ch 19 Sec. 19. The Speaker cannot rule on a point of order arising in
the Committee of the Whole unless the point of order is reported to
the House for a decision. 5 Hinds Sec. 6987. Appeals from a decision
of the Chair on a point of order are ordinarily resolved in the
Committee of the Whole, 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 of the Whole is
within the discretion of the Chair and must be confined to the point
of order. Deschler Ch 19 Sec. 19.2.
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. For a discussion of points of
order in the Committee of the Whole against provisions in general
appropriation bills and amendments thereto, see Manual Sec. 1044. A
point of order against an amendment comes too late after there has
been debate on the amendment (Manual Sec. 924) or when the amendment
has been reported to the House (92-2, June 1, 1972, pp 19479, 19483).
However, clauses 4 and 5(a) of rule XXI permit the raising ``at any
time'' of a point of order against a legislative bill carrying an
appropriation or a tax or tariff if the bill was reported by a
committee not having jurisdiction to report such matters. Manual
Sec. Sec. 1065, 1066; see also Appropriations.
Points of order against consideration of bills are properly raised
in the House pending resolution into the Committee and may not
subsequently be raised in Committee of the Whole. Deschler Ch 19
Sec. 20. This rule has been applied to points of order against
consideration of the measure for:
Violations of committee reporting requirements, such as the
Ramseyer rule (that proposed changes in law be indicated
typographically). Manual Sec. 846; Deschler Ch 19
Sec. Sec. 20.1-20.3.
Availability requirements prior to floor consideration of
measures. Manual Sec. 850.
For points of order generally, see Points of Order; Parliamentary
Inquiries; for points of order relating to particular measures or
matters, see
[[Page 321]]
Appropriations, Budget Process, and 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 Sec. Sec. 4735,
4736; see also Unfinished Business. Thus, when the Committee of the
Whole rises before the time fixed for debate expires, debate continues
when the Committee resumes its deliberations. Deschler Ch 19
Sec. 26.1. When a recommendation of the Committee of the Whole that
the enacting clause of a bill be stricken is rejected by the 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 order of business to the contrary, when the
Committee of the Whole 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. Manual Sec. 977. 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. Deschler-Brown Ch 30
Sec. 33.15.
C. Motions in Committee
Sec. 20 . In General
Motions Permitted
The principal motions used in Committee of the Whole are as
follows:
Motions to amend under the five-minute rule. Manual Sec. 978;
see also Sec. 13, supra.
Motions to close five-minute debate. Manual Sec. 987; see also
Consideration and Debate.
Motions relating to the enacting clause. Manual Sec. 988; for
a comprehensive discussion, see Sec. 22, infra.
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 the motions specified by
clause 4 of rule XVI--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
[[Page 322]]
in the Committee of the Whole. Manual Sec. 911. The Committee may not
entertain a motion to:
Limit general debate (as distinguished from five-minute
debate). Deschler Ch 19 Sec. 2; for a general discussion, see
Consideration and Debate.
Close general debate. Manual Sec. 979; 5 Hinds Sec. 5217.
Dispense with the reading of a bill unless authorized pursuant
to a special order of business from the Committee on Rules.
Deschler Ch 19 Sec. 2.11.
Return to a section of the bill passed in the reading.
Deschler Ch 19 Sec. 2.10.
Effect a conference or instruct conferees. 8 Cannon
Sec. Sec. 2319, 2320; Deschler Ch 19 Sec. 2.
Order a call of the House. 8 Cannon Sec. 2369.
Expunge remarks from the Record. Deschler Ch 19 Sec. 3.2.
Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19
Sec. 2.6.
Reconsider. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon
Sec. Sec. 2324, 2325; Deschler Ch 19 Sec. 2.5.
Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
Postpone or rise and resume sitting on a day certain. Manual
Sec. 915; Deschler Ch 19 Sec. 22.2.
Lay on the table. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon
Sec. 2330; Deschler Ch 19 Sec. 2.7.
Recess (absent permission of the House). 5 Hinds
Sec. Sec. 6669-6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
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 of the Whole 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 of the Whole is ordinarily determined by the terms of
the special order of business under which the measure is being
considered. Under the modern practice, a special order of business
normally provides that after consideration the Committee of the Whole
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. In that case, the Committee of the Whole may
not report to the House a recommendation that the bill be recommitted.
Deschler Ch 19 Sec. 23.12. In the exceptional circumstance where this
language is not
[[Page 323]]
included in the special order of business, the Committee of the Whole
may entertain a motion to rise and report with:
A recommendation that the consideration of the bill be
postponed. 4 Hinds Sec. Sec. 4765, 4774; 8 Cannon Sec. 2372;
Deschler Ch 19 Sec. 22.
A recommendation that the bill be referred or recommitted. 4
Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
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. See, e.g., Deschler Ch 19 Sec. 2.1.
Withdrawal
A motion may be withdrawn in the Committee of the Whole only by
unanimous consent. Deschler Ch 23 Sec. 2.10. Clause 5(a) of rule XVIII
specifically prohibits the withdrawal of an amendment except by
unanimous consent, whether or not debate has proceeded. 5 Hinds
Sec. 5221; 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
The simple motion to rise is of highest privilege. Manual
Sec. Sec. 334, 983; Deschler Ch 19 Sec. Sec. 23.1, 23.2. It takes
precedence over motions to amend (Manual Sec. 983; 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
(Deschler Ch 19 Sec. 23.6; Sec. 26, infra). The motion takes
precedence over a demand for a recorded vote on a pending amendment
(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 motion
is in order pending the Chair's count of a quorum (Deschler Ch 19
Sec. 23.5) and pending a decision of the Chair on a point of order
(Deschler Ch 19 Sec. 23.7). 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. 23.13.
Motion Relating to the Enacting Clause
The motion that the Committee of the Whole rise and report to the
House with the recommendation that the enacting clause be stricken is
of
[[Page 324]]
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 of the Whole. Deschler Ch 19 Sec. 11.11 (note). The
motion may be offered where another Member seeks recognition to offer
an amendment (Deschler-Brown Ch 29 Sec. 12.13) or when an amendment is
pending. However, the motion may not interrupt debate. Manual
Sec. 989. The motion also takes precedence over a motion to limit
debate (Manual Sec. 989) 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 Sec. Sec. 4752-4758; 8
Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in
clause 2(d) of rule XXI, 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 a designee, takes
precedence over an amendment.
The initial right of the proponent 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 . Motion 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 of the Whole rise and report a bill
back to the House with the recommendation that this clause, known as
the enacting clause, be stricken. 5 Hinds Sec. Sec. 5326-5346; 8
Cannon Sec. Sec. 2618-2638; Deschler Ch 19 Sec. 10. Such a motion is
not, strictly speaking, an amendment, because 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. 988; 5 Hinds Sec. 5326; Deschler Ch 19
Sec. 10.6. If the House rejects the recommendation, it automatically
resolves itself back into the Committee of the Whole for the further
consideration of the bill. Deschler Ch 19 Sec. 10.9.
The motion must be in writing and in the proper form. Manual
Sec. 988.
Member: I move that the Committee of the Whole do now rise and
report the bill to the House with the recommendation that the
enacting clause (or the resolving clause) be stricken. Deschler Ch
19 Sec. 10.2.
[[Page 325]]
Motions that 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, is, under the modern practice, not in proper form and not
in order. 5 Hinds Sec. 5332; 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. 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 of the Whole rise and report to the
House the recommendation that the enacting clause be stricken is also
applicable to the enacting clause of a Senate-passed bill. Deschler Ch
19 Sec. 10.14. The motion has also been used to recommend the striking
of the resolving clause of a simple resolution (Deschler Ch 19
Sec. 11.10), the resolving clause of a concurrent resolution on the
budget (96-1, May 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. A Member in favor of the
bill may not offer the motion. Manual Sec. 989; Deschler Ch 19
Sec. 12.2. A challenge being made by another Member, the Member
offering the motion must declare opposition to the bill. Deschler Ch
19 Sec. 12.1. Generally, in recognizing a Member for the motion, the
Chair will accept the statement that such Member 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
opposition thereto. Deschler Ch 19 Sec. 12.11.
The practice of offering the motion merely to obtain time for
debate, though subject to criticism, has been permitted. Deschler Ch
19 Sec. Sec. 12.8-12.10. In fact, under the modern practice, extending
debate is usually the intent of the offeror, who then withdraws the
motion by unanimous consent.
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
Sec. Sec. 14.1, 14.2. Thus, a second motion is in order if the bill
has been amended since disposition of the first motion (Deschler Ch 19
Sec. 14.4) but is not in order if the only action of the
[[Page 326]]
Committee of the Whole in the interim has been the rejection of a
proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). If the
first such motion is withdrawn by unanimous consent, a second motion
relating to the enacting clause is in order. Manual Sec. 989; Deschler
Ch 19 Sec. 14.7. 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 of the Whole 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 after the Clerk has begun reading the bill
for amendment under the five-minute rule (Deschler Ch 19 Sec. 11.2),
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. 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. Manual
Sec. 989. The adoption of an amendment in the nature of a substitute
also may 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 Sec. Sec. 5333-5335; 8
Cannon Sec. Sec. 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 minutes
(Deschler Ch 19 Sec. 13.2), and a Member may not merge the time with
time made available to debate the remainder of the bill and amendments
thereto (Deschler-Brown Ch 29 Sec. 31.33). 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. The Chair will not announce in advance who will be
recognized in opposition to the motion. Manual Sec. 989.
Time may not be reserved. Where a Member recognized for five
minutes in opposition to the motion yields back the time, another
Member may not claim the unused portion thereof. Manual Sec. 989.
[[Page 327]]
Members of the committee managing the bill have priority in
recognition for debate in opposition to the motion. Manual Sec. 989.
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. However, 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 motion to strike the
enacting clause is entitled to five minutes to debate that motion.
Deschler-Brown Ch 29 Sec. 6.28. 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 of business. Manual Sec. 989.
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.
Deschler-Brown Ch 29 Sec. 37.11. 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. Deschler-Brown Ch 29 Sec. 37.8.
However, debate on the motion may not include matters beyond the
provisions of the bill. 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 of the Whole rises formally, it
normally does so by motion or by operation of a special order of
business. Sec. 26, infra. When the Committee of the Whole rises
informally, it does so by unanimous consent (4 Hinds Sec. 4788) or
simply at the direction of the Chair without a formal motion from the
floor (Deschler Ch 19 Sec. 21.1).
[[Page 328]]
The Committee of the Whole may rise informally to permit the House
to transact administrative business, such as to swear in a Member, to
receive a message, or to lay down a signed enrolled bill. Manual
Sec. 330; Deschler Ch 19 Sec. 21.1. Having no power to receive a
message, the Committee of the Whole rises informally to permit the
House to do so. Manual Sec. 330; 4 Hinds Sec. 4786. At this rising,
the House may not have the message read or transact other business
except by unanimous consent. 4 Hinds Sec. Sec. 4787-4791.
Effect of Special Orders of Business
The Committee of the Whole rises automatically and without motion
when it rises pursuant to a special order of business providing that
at the conclusion of consideration of the bill for amendment the
Committee of the Whole ``shall'' rise and report back to the House
(94-1, July 30, 1975, p 25881) or pursuant 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). However, a
motion to rise is required to enable the Committee of the Whole to
rise prior to the time fixed by the applicable special order of
business. 7 Cannon Sec. 793.
Beginning in the 110th Congress, opening-day rules packages have
included separate orders establishing a point of order against the
motion to rise and report if the bill under consideration exceeds
certain budgetary allocations. 112-1, H. Res. 5, Jan. 5, 2011, p __.
Sec. 26 . Motions to Rise
Generally; Forms
In the Committee of the Whole, the motion takes two forms: (1) the
simple motion to rise and (2) the motion to rise and report. 4 Hinds
Sec. Sec. 4766, 4767; Deschler Ch 19 Sec. Sec. 22.1, 23.13. The
motions are expressed as follows:
M_. Chair, I move that the Committee do now rise.
M_. Chair, 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. It may recommend that
the consideration of the reported measure be postponed, or that it be
recommitted or tabled. However, under the modern practice, such motion
is normally precluded by the applicable special order of business.
Sec. 20, supra. For the motion to rise and report with the
recommendation that the enacting clause be stricken, see Sec. 22,
supra. For reporting amendments, see Sec. 30, supra.
The simple motion to rise in the Committee of the Whole is
analogous to the motion to adjourn in the House. The motion to rise
(or to rise and
[[Page 329]]
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, although a negative voice vote is subject to a point of
order of no quorum pending a request for a recorded vote. Manual
Sec. 983; 4 Hinds Sec. Sec. 2975, 2976; Deschler Ch 19 Sec. 22.7.
However, 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 Sec. Sec. 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. Manual Sec. 334.
Sec. 27 . -- When in Order
The motion that the Committee of the Whole rise is privileged
during debate under the five-minute rule. Manual Sec. 334. The motion
is in order notwithstanding an informal 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:
While an amendment is pending, except where another Member has
the floor. Manual Sec. 334.
Pending a decision on a point of order. Deschler Ch 19
Sec. Sec. 23.7, 23.8.
After agreement to a motion to limit debate on an amendment.
Deschler Ch 19 Sec. 23.10.
Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
After the absence of a quorum has been ascertained and pending
a vote on an amendment (Manual Sec. 982) 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).
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.
During general debate if offered by a manager or by a Member
to whom a manager has yielded for that purpose. Manual
Sec. 334.
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 order of business provides that the Committee rise and
report at the conclusion of the consideration of a bill for amendment,
a motion that the Committee of the Whole rise and report the bill with
certain amendments, before the bill has been completely read for
amendment, is not in order. However, a simple motion that the
Committee of the Whole rise is in order at that time. 96-1, Dec. 5,
1979, p 34755.
[[Page 330]]
Sec. 28 . -- Who May Offer
In the Committee of the Whole, any Member may move to rise and the
Chair is constrained to recognize for that purpose, unless another
Member controls the floor. Deschler Ch 19 Sec. 24.2; 8 Cannon
Sec. 2369. Although the motion may be offered by any Member entitled
to the floor, the motion is commonly made by the Member managing the
bill before the Committee. Deschler Ch 19 Sec. Sec. 22.5, 22.8, 23.1.
The motion also may be made by a Member who holds the floor by virtue
of having offered an amendment, but such Member must yield back before
offering the motion. Deschler Ch 19 Sec. 24.1.
A Member recognized by the Chair may not be interrupted by a
motion to rise even though such Member has not yet begun to speak. 8
Cannon Sec. 2370. Members may not, in time yielded to them for debate,
move that the Committee of the Whole rise (Deschler Ch 19 Sec. 10) or
yield to another Member for such a motion (Deschler Ch 29 Sec. 23).
However, a Member controlling the time for general debate may yield
for a motion that the Committee of the Whole rise, and may do so
without losing the right to continue at the next sitting of the
Committee on the same matter. 5 Hinds Sec. Sec. 5012, 5013.
For precedence of a motion to rise and report a general
appropriation bill, if offered by the Majority Leader, over an
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 Chair reports on a measure. The report is made and
received and is then before the House for action. Manual Sec. 334.
When the Committee of the Whole rises without concluding the matter,
the Chair reports that it ``has come to no resolution thereon.'' Under
this procedure the Chair 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 of the Whole.
Sec. 19, supra.
The Speaker recognizes only reports from the Committee of the
Whole made by the Chair thereof. 5 Hinds Sec. 6987. The Speaker has no
official knowledge of proceedings in the Committee of the Whole beyond
those reported by its Chair. A matter alleged to have arisen therein
but not reported may not be brought to the attention of the House. 8
Cannon Sec. Sec. 2429, 2430.
[[Page 331]]
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 of the Whole may be favorable
or adverse, and the bill may be reported with or without amendments:
Chair: M_. 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.
Speaker: The chair of the Committee of the Whole reports that the
Committee of the Whole House on the state of the Union, having had
under consideration the bill H.R. ___, directs him/her to report .
. . .
For House action on amendments reported from the Committee of the
Whole, including the demand for separate votes, see Amendments. For
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 Sec. Sec. 5552, 5553). If
the bill is reported from the Committee of the Whole 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 Sec. 988. When a recommendation of the Committee of the
Whole 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. 989; 7 Cannon Sec. 943.