[Deschler-Brown Precedents, Volume 12, Chapter 29 (Sections 1-34), Volume 13, Chapter 29 (Sections 35-end, plus index)]
[Chapter 29. Consideration and Debate]
[I. Duration of Debate in the Committee of the Whole]
[Â§ 76. Closing General Debate]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11060-11069]
 
                               CHAPTER 29
 
                        Consideration and Debate
 
          I. DURATION OF DEBATE IN THE COMMITTEE OF THE WHOLE
 
Sec. 76. -- Closing General Debate

    Rule XXIII provides that general debate in the Committee of the 
Whole is ``closed by order of the House.'' (10) The motion 
in the House to close general debate is not in order until the 
Committee has risen after some debate has been had on the bill in the 
Committee of the Whole,(11) but the House may by unanimous 
consent close debate or fix debate in the Committee of the Whole before 
such debate has begun.(12)
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10. Rule XXIII clause 5(a), House Rules and Manual Sec. 870 (1995). For 
        general principles as to closing general debate, see House 
        Rules and Manual Sec. 871 (1995).
11. See Sec. Sec. 76.3-76.5, infra.
12. See Sec. Sec. 76.6, 76.8, infra.
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    Although it would not be in order by motion in the House to close 
the debate prior to the expiration of the time previously fixed by the 
House, a unanimous-consent agreement may so provide, either in the 
House or in the Committee itself.(13)
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13. See Sec. Sec. 76.7, 76.10, infra.
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    Where the managers of a bill agree between themselves to close 
general debate prior to the time fixed by the House, they may yield 
back their remaining time without obtaining unanimous 
consent.(14)
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14. See Sec. Sec. 76.1, 76.2, infra.
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    The motion that the Committee rise, if adopted, terminates general 
debate for that sitting of the Committee. The motion is non

[[Page 11061]]

debatable and of high privilege. The motion is generally within 
the discretion of the Member in charge of general debate, and may not 
be moved by a Member yielded time for debate only.(15)
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15. See Sec. Sec. 76.12, 76.13, infra.
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                            Cross References
Closing debate generally, see Sec. 7, supra.
Closing debate in the House as distinguished from Committee of the 
    Whole, see Sec. 72, supra.
Closing five-minute debate in Committee of the Whole, see Sec. 78, 
    infra.
Closing general debate on appropriation bills, see Ch. 25, supra.
Control of time for debate, see Sec. Sec. 24-26, supra.
Effect of special rules generally, see Ch. 21, supra.
Prior rights of committee members and Members in charge to close 
    debate, see Sec. Sec. 13, 14, supra.
Procedure in Committee of the Whole generally, see Ch. 19, 
    supra.                          -------------------

Agreement of Managers To Terminate General Debate

Sec. 76.1 Where a bill is being considered in the Committee of the 
    Whole under a rule specifying the time for general debate, the 
    managers of the bill need not use all of the prescribed time but 
    may agree among themselves to terminate further general debate and 
    begin consideration of the bill under the five-minute rule; such an 
    agreement is between the managers and is not an agreement of the 
    Committee of the Whole.

    On Sept. 26, 1966,(16) the Committee of the Whole was 
proceeding with general debate on H.R. 15111, Economic Opportunity Act 
Amendments, pursuant to House Resolution 923, providing eight hours of 
debate. The managers of the bill were Mr. Sam M. Gibbons, of Florida, 
and Mr. Albert H. Quie, of Minnesota. Chairman Jack B. Brooks, of 
Texas, indicated that the managers could agree between themselves not 
to use all of the allotted time and that such an agreement was not for 
the Committee of the Whole to decide but for the managers to decide:
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16. 112 Cong. Rec. 23785, 89th Cong. 2d Sess.
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        Mr. Gibbons: Mr. Chairman, do I understand we have reached an 
    agreement now that on both sides we will yield back time to where 
    we only have 2 hours of general debate tomorrow? That has been 
    done, as I understand it. Is that correct?
        The Chairman: In reply to the request of the gentleman from 
    Florida, I think it would be fair to state the agreement as to 
    yielding time is between you and the gentleman from Minnesota.

[[Page 11062]]

        Mr. Gibbons: Then, of course, the only other question is to get 
    unanimous consent to come in at 11 o'clock tomorrow.
        The Chairman: As to any agreement as to when the House comes 
    back tomorrow, that will be settled, of course, when the Committee 
    rises.
        Mr. Gibbons: Mr. Chairman, I move that the Committee do now 
    rise.

Sec. 76.2 Where managers of a bill being considered in the Committee of 
    the Whole agree not to use all the time for general debate 
    permitted under the rule, the Chair takes cognizance of the 
    agreement and may announce it to the Committee.

    On Sept. 27, 1966,(17) the House resolved itself into 
the Committee of the Whole for the further consideration of H.R. 15111, 
Economic Opportunity Act Amendments, whose consideration had been 
discontinued on the prior day. Prior to the Committee's rising on the 
prior day, the managers of the bill, Mr. Sam M. Gibbons, of Florida, 
and Mr. Albert H. Quie, of Minnesota, had indicated they would not use 
all of the eight hours of debate allotted to them under the special 
order, but would yield back some of their time (see Sec. 76.1, supra). 
Accordingly, Chairman Jack B. Brooks, of Texas, made the following 
announcement:
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17. 112 Cong. Rec. 23946, 89th Cong. 2d Sess.
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        When the Committee rose on yesterday, the gentleman from New 
    York [Mr. Powell] had 3 hours and 12 minutes remaining, and the 
    gentleman from Ohio [Mr. Ayres] had 2 hours and 29 minutes 
    remaining.
        Before the Committee rose, the gentleman from Florida [Mr. 
    Gibbons] and the gentleman from Minnesota [Mr. Quie] had agreed to 
    limit further general debate to 4 hours, to be equally divided and 
    controlled by the majority and the minority.
        Accordingly, the Chair will recognize the gentleman from New 
    York [Mr. Powell] for 2 hours, and the gentleman from Minnesota 
    [Mr. Quie] for 2 hours.
        The Chair recognizes the gentleman from New York.

Closing General Debate by Motion in the House

Sec. 76.3 In the House, a motion to fix general debate on an 
    appropriation bill prior to resolving into the Committee of the 
    Whole is not in order, but after there has been debate in the 
    Committee of the Whole and the Committee rises, the motion is in 
    order.

    On Feb. 18, 1947,(18) Speaker Joseph W. Martin, Jr., of 
Massachusetts, answered a parliamen

[[Page 11063]]

tary inquiry on the motion in the House to fix debate in the Committee 
of the Whole:
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18. 93 Cong. Rec. 1138, 80th Cong. 1st Sess.
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        Mr. [John] Taber [of New York]: Mr. Speaker, I move that the 
    House resolve itself into the Committee of the Whole House on the 
    State of the Union for the consideration of the bill (H.R. 1968) 
    making appropriations to supply urgent deficiencies in certain 
    appropriations for the fiscal year ending June 30, 1947, and for 
    other purposes; and pending that motion, Mr. Speaker, I ask 
    unanimous consent that general debate be limited to 1 hour, to be 
    equally divided and controlled by the gentleman from Missouri [Mr. 
    Cannon] and myself.
        The Speaker: Is there objection to the request of the gentleman 
    from New York?
        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, reserving 
    the right to object, is this the bill that contains the cuts of 
    appropriations for OPA?
        Mr. Taber: Yes.
        Mr. Marcantonio: Then I object, Mr. Speaker.
        Mr. Taber: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Taber: The House may go into the Committee of the Whole and 
    later, after debate has occurred, rise, and then a motion would be 
    in order to close debate; but otherwise a motion would not be in 
    order at this time to close?
        The Speaker: The gentleman from New York states the situation 
    accurately. The House must first go into Committee and have general 
    debate, and then rise and fix the time of debate by vote.

Sec. 76.4 The House can close debate on a bill by motion at any time 
    after debate has been had in the Committee of the Whole even though 
    the effect of adopting the motion to close debate would be to 
    deprive Members of the time allotted to them.

    On May 17, 1934,(19) general debate had been had in the 
Committee of the Whole on a bill and the Committee rose. Mr. Vincent L. 
Palmisano, of Maryland, moved that the House resolve again into the 
Committee and moved that debate on the bill close instanter. Speaker 
Henry T. Rainey, of Illinois, overruled a point of order against the 
motion:
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19. 78 Cong. Rec. 9066, 73d Cong. 2d Sess.
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        Mr. Palmisano: 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 the bill (H.R. 4548) to 
    provide old-age securities for persons over 60 years of age 
    residing in the District of Columbia, and for other purposes, and 
    pending that motion I move that debate upon the bill do now close, 
    and on that I demand the previous question.
        Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, I make the 
    point of order that the motion is out of order

[[Page 11064]]

    because time has already been allotted in the committee to certain 
    gentlemen whose full time has not expired.
        The Speaker: The House can close debate at any time after 
    debate has been had in the Committee of the Whole.

Sec. 76.5 After two hours of general debate in the Committee of the 
    Whole, the Committee rose; pending a motion to resolve again into 
    the Committee of the Whole, the House adopted a motion that general 
    debate close instanter.

    On July 27, 1937,(20) the Committee of the Whole was 
conducting general debate, under the hour rule, on H.R. 7730, to 
authorize the President to appoint six administrative assistants. No 
time had been fixed for general debate. The Committee rose after two 
hours of such debate. Mr. J. W. Robinson, of Utah, then moved that the 
House resolve itself again into the Committee and also moved, pending 
that motion, that all debate on the bill close, on which motion he 
moved the previous question. The House adopted the motion:
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20. 81 Cong. Rec. 7680-97, 75th Cong. 1st Sess.
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        Mr. Robinson of Utah: Mr. Speaker, I move that the House do now 
    resolve itself into the Committee of the Whole House on the state 
    of the Union for the further consideration of the bill (H.R. 7730) 
    to authorize the President to appoint not to exceed six 
    administrative assistants; and pending that motion, I move that all 
    debate on the bill do now close, and on that I move the previous 
    question.
        The Speaker: (1) The gentleman from Utah moves that 
    the House resolve itself into the Committee of the Whole House on 
    the state of the Union for the further consideration of the bill 
    H.R. 7730; and pending that motion, the gentleman from Utah moves 
    that all debate on the bill do now close. Upon that he moves the 
    previous question.
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 1. William B. Bankhead (Ala.).
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        The question is, Shall the previous question be ordered?
        The previous question was ordered.
        The Speaker: The question is on the motion of the gentleman 
    from Utah that all debate on the bill H.R. 7730 do now close.
        Mr. [John] Taber [of New York]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 255, nays 79, 
    answered ``present'' 1, not voting 96. . . .

Closing General Debate by Unanimous Consent

Sec. 76.6 The House agreed by unanimous consent to dispense with 
    general debate on an appropriation bill in the Committee of the 
    Whole.

[[Page 11065]]

    On July 5, 1945,(2) the House agreed to a unanimous-
consent request by Mr. Clarence Cannon, of Missouri, dispensing with 
general debate on a bill in the Committee of the Whole:
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 2. 91 Cong. Rec. 7226, 79th Cong. 1st Sess.
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        Mr. Speaker, I move that the House resolve itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the bill (H.R. 3649), making appropriations for 
    war agencies for the fiscal year ending June 30, 1946, and for 
    other purposes; and pending that motion, Mr. Speaker, I ask 
    unanimous consent to dispense with general debate in the Committee 
    of the Whole.

    In response to parliamentary inquiries, Speaker Sam Rayburn, of 
Texas, stated that under a procedure allowing no general debate, points 
of order against paragraphs in the bill should be made when the 
relevant paragraph was read for amendment in the Committee of the 
Whole.
    Parliamentarian's Note: A motion to dispense with general debate 
would not have been in order, since a motion to limit debate may not be 
made in the House until general debate has commenced in the Committee 
of the Whole.

Sec. 76.7 Where the Committee of the Whole rose, after consuming a 
    portion of the time prescribed by the House for general debate, the 
    House agreed by unanimous consent that when the Committee should 
    resume consideration of the bill, the debate be further limited.

    On June 27, 1968,(3) the Committee of the Whole had 
risen after consuming a portion of the three hours of general debate on 
S. 1166 (Gas Pipeline Safety Act), which time was provided for 
in House Resolution 1215. The House agreed to a unanimous-consent 
request further limiting debate in the Committee of the Whole on the 
bill:
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 3. 114 Cong. Rec. 19105, 90th Cong. 2d Sess.
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        Mr. [Harley O.] Staggers [of West Virginia]: Mr. Speaker, I ask 
    unanimous consent that when the Committee of the Whole continues 
    the consideration of the bill (S. 1166) to authorize the Secretary 
    of Transportation to prescribe safety standards for the 
    transportation of natural and other gas by pipeline, and for other 
    purposes, that the time for general debate be limited to 30 minutes 
    with 15 minutes for the minority and 15 minutes for the majority 
    side.
        The Speaker: (4) Without objection, it is so 
    ordered.
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 4. John W. McCormack (Mass.).
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        There was no objection.

Sec. 76.8 Prior to resolving into the Committee of the Whole

[[Page 11066]]

    on a privileged appropriation bill, the House, by unanimous 
    consent, agreed that general debate close at a time certain and 
    that at the conclusion of general debate the Committee rise.

    On Apr. 9, 1963,(5) Mr. Albert Thomas, of Texas, moved 
that the House resolve itself into the Committee of the Whole and made 
a unanimous-consent request on the time for general debate, which 
request was agreed to by the House:
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 5. 109 Cong. Rec. 6044, 6045, 88th Cong. 1st Sess.
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        Mr. Speaker, I move that the House resolve itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the bill H.R. 5517, making supplemental 
    appropriations for the fiscal year ending June 30, 1963, and for 
    other purposes; and, pending that motion, Mr. Speaker, I ask 
    unanimous consent that general debate on the bill be concluded not 
    later than 5 p.m. today, one-half of the time to be controlled by 
    the gentleman from Ohio [Mr. Bow], and one-half by myself, and that 
    at the conclusion of general debate today the Committee will rise. 
    . . .
        The Speaker: (6) Is there objection to the request 
    of the gentleman from Texas?
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 6. John W. McCormack (Mass.).
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        There was no objection.
        The Speaker: The question is on the motion offered by the 
    gentleman from Texas [Mr. Thomas].
        The motion was agreed to.

Effect of Special Rule

Sec. 76.9 Where the Committee of the Whole is proceeding in general 
    debate on a bill pursuant to a special rule adopted by the House, a 
    motion in the Committee that such debate be closed instantly is not 
    in order.

    On Sept. 25, 1951,(7) the Committee of the Whole was 
conducting general debate on H.R. 39, the Marketing Facilities Act. 
Chairman Lindley Beckworth, of Texas, stated that under the special 
rule adopted by the House for consideration of the bill, Mr. Harold D. 
Cooley, of North Carolina, had 30 minutes of debate and Mr. Clifford R. 
Hope, of Kansas, 30 minutes. Mr. Paul W. Shafer, of Michigan, made a 
point of order and then withdrew it, but also moved that debate be 
closed ``now'' and that ``we vote on the bill.'' The Chairman ruled 
that the motion was not in order.
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 7. 97 Cong. Rec. 12084, 12089, 82d Cong. 1st Sess.
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Unanimous Consent in Committee To Truncate Debate

Sec. 76.10 The House having fixed time for debate on a bill in the 
    Committee of the Whole,

[[Page 11067]]

    it was held that the Committee of the Whole could by unanimous 
    consent further limit such debate as it desired.

    On July 5, 1939,(8) the Committee of the Whole was 
conducting general debate on a bill, the House having fixed time for 
debate at two hours, to be divided by two Members. Chairman Lawrence 
Lewis, of Colorado, stated that the Committee of the Whole could by 
unanimous consent further limit the time for general debate:
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 8. 84 Cong. Rec. 8625, 76th Cong. 1st Sess.
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        The Chairman: The gentleman is entitled to an hour and the 
    gentleman from New York [Mr. Bloom] is entitled to an hour.
        Mr. [Sol] Bloom: I understand that. The gentleman is entitled 
    to an hour and I am entitled to an hour, but I am asking the 
    gentleman if we cannot agree on less time so we can get through 
    with this bill. If the gentleman desires to use his full hour, then 
    he does not want to agree on time. That is up to him.
        Mr. [Andrew C.] Schiffler [of West Virginia]: But we cannot 
    agree at this time.
        Mr. [Cassius C.] Dowell [of Iowa]: Mr. Chairman, that agreement 
    should have been made in the House instead of in Committee of the 
    Whole. We are now under the rule. That is a rule of the House and 
    the time should have been fixed in the House before the House went 
    into Committee.
        The Chairman: The Committee can limit time by unanimous consent 
    if it so desires.
        Is there objection to the request of the gentleman from New 
    York?
        Mr. [Frank E.] Hook [of Michigan]: Mr. Chairman, I object.

Motion That the Committee Rise

Sec. 76.11 When the House has limited general debate to a time certain 
    and provided for the Committee of the Whole to rise at the 
    expiration of that time, the Chairman of the Committee announces 
    the arrival of the time and the Committee rises without a motion 
    being made.

    On Apr. 9, 1963,(9) the House agreed to a motion by Mr. 
Albert Thomas, of Texas, that the House resolve itself into the 
Committee of the Whole for the consideration of a bill and agreed to 
his unanimous-consent request that debate conclude at a time certain, 
at which time the Committee would rise. When the appointed time arrived 
in the Committee, Chairman Richard Bolling, of Missouri, announced that 
the Committee rise

[[Page 11068]]

under the previous order, and the Committee rose accordingly, without a 
motion being made to that effect.
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 9. 109 Cong. Rec. 6073, 88th Cong. 1st Sess.
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Sec. 76.12 The motion that the Committee of the Whole rise (thereby 
    cutting off debate) is not debatable and is always within the 
    discretion of the Member handling the bill before the Committee.

    On June 16, 1948,(10) Mr. Walter G. Andrews, of New 
York, was handling the consideration of H.R. 6401 in the Committee of 
the Whole. He moved that the Committee rise, and Chairman Francis H. 
Case, of South Dakota, ruled that the motion was within Mr. Andrews' 
discretion:
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10. 94 Cong. Rec. 8521, 80th Cong. 2d Sess.
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        Mr. Andrews of New York: Mr. Chairman, in view of the fact that 
    two or three Members who have time are not here, I move that the 
    Committee do now rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from New York [Mr. Andrews].
        Mr. [George A.] Smathers [of Florida]: Mr. Chairman, I would 
    like to be heard on that.
        The Chairman: That is not a debatable motion. It is always 
    within the discretion of the gentleman handling the bill to move 
    that the Committee rise.

Sec. 76.13 A Member may not in time yielded him for general debate move 
    that the Committee of the Whole rise, nor may he yield to another 
    for such motion.

    On Feb. 22, 1950,(11) Mr. Howard W. Smith, of Virginia, 
moved, in time yielded him in the Committee of the Whole by Mr. Adam C. 
Powell, Jr., of New York, for general debate, that the Committee rise. 
Chairman Francis E. Walter, of Pennsylvania, ruled that the motion was 
not in order, since Mr. Powell had control of the time and since he had 
not yielded time to Mr. Smith for the making of the motion. Mr. Hugo S. 
Sims, Jr., of South Carolina, was then yielded time for debate by Mr. 
Powell and yielded to Mr. Smith who again moved that the Committee 
rise, stating he had ``some time of my own.'' The Chairman ruled that 
the motion was not in order, since Mr. Sims was yielded time for 
general debate and could not yield to Mr. Smith for the making of the 
motion.
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11. 96 Cong. Rec. 2178, 81st Cong. 2d Sess.
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    On appeal, the Chairman's ruling was sustained.(12)
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12. See also 113 Cong. Rec. 14121, 90th Cong. 1st Sess., May 25, 1967; 
        109 Cong. Rec. 10151-65, 88th Cong. 1st Sess., June 4, 1963; 
        102 Cong. Rec. 6891, 84th Cong. 2d Sess., Apr. 24, 1956; and 91 
        Cong. Rec. 7221-25, 79th Cong. 1st Sess., Oct. 18, 1945.

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[[Page 11069]]

    Parliamentarian's Note: When the House has vested control of 
general debate in the Committee of the Whole in the chairman and 
ranking minority member of the committee reporting a bill, their 
control of general debate may not be abrogated by another Member moving 
that the Committee rise--unless they yield for that purpose.