[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 19. The Committee of the Whole]
[A. In General]
[Â§ 1. Jurisdiction; House as in Committee of the Whole Distinguished]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3253-3260]
 
                               CHAPTER 19
 
                       The Committee of the Whole
 
                             A. IN GENERAL
 
Sec. 1. Jurisdiction; House as in Committee of the Whole Distinguished



    This chapter deals with the practice and procedure followed by the 
House when it resolves itself into the Committee of the 
Whole.(1) Discussed elsewhere are the requirements of a 
quorum in the Committee of the Whole,(2) procedures for 
acting on amendments in Committee of the Whole, including amendments to 
a concurrent resolution on the budget,(3) consideration and 
debate in Committee of the Whole,(4) and voting in Committee 
of the Whole.(5)
---------------------------------------------------------------------------
 1. For pre-1936 precedents: see 4 Hinds' Precedents Sec. Sec. 4704-
        4791 and 8 Cannon's Precedents Sec. Sec. 2318-2380 for 
        precedents relating to the Committee of the Whole; 4 Hinds' 
        Precedents Sec. Sec. 4792-4868 and 8 Cannon's Precedents 
        Sec. Sec. 2381-2416, relating to subjects requiring 
        consideration in the Committee of the Whole; 4 Hinds' 
        Precedents Sec. Sec. 4869-4922 and 8 Cannon's Precedents 
        Sec. Sec. 2417-2430 relating to reports from the Committee of 
        the Whole.
 2. Ch. 20, infra.
 3. See Ch. 27, infra as to amendments, generally. For procedures 
        relating to resolutions on the budget, see Ch. 13, supra.
 4. Ch. 29, infra. See also Sec. Sec. 15-18, infra.
 5. Ch. 30, infra.
---------------------------------------------------------------------------

    The term Committee of the Whole technically applies to two 
Committees, the Committee of the Whole House, which formerly considered 
business on the Private Calendar, and the Committee of the Whole House 
on the state of the Union, which considers business on the Union 
Calendar [that is, public bills].(~6) There was little 
difference in the work of the two Committees except in the character of 
bills considered.(7) Since 1935,(8) bills on the 
Private Calendar have been considered in the House as in Committee of 
the Whole, not, strictly speaking, in the Committee of the Whole.
---------------------------------------------------------------------------
 6. See 4 Hinds' Precedents Sec. 4705 for the distinction between the 
        two Committees of the Whole.
 7. 4 Hinds' Precedents Sec. 4705; Deschler's Procedure (93d Cong.), 
        Ch. 19 Sec. 1.1.
 8. 79 Cong. Rec. 4480--89, 74th Cong. 1st Sess., Mar. 27, 1935. See 
        Rule XXIV clause 6, House Rules and Manual Sec. Sec. 893, 894 
        (1979).
---------------------------------------------------------------------------

    When the House sits as in Committee of the Whole, it does not

[[Page 3254]]

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.(9) This practice is permitted for 
the consideration of public bills by unanimous consent or by special 
order from the Committee on Rules.(~10)
---------------------------------------------------------------------------
 9. See 4 Hinds' Precedents Sec. Sec. 4923-4935 and 8 Cannon's 
        Precedents Sec. Sec. 2431-2435 for pre-1936 precedents relating 
        to the House as in Committee of the Whole; and Jefferson's 
        Manual, House Rules and Manual Sec. Sec. 424-427 (1979) for 
        actions which may or may not be taken in the House as in 
        Committee of the Whole.
10. 4 Hinds' Precedents Sec. 4923 and Jefferson's Manual, House Rules 
        and Manual Sec. 424 (1979).
---------------------------------------------------------------------------

    Because the Committee of the Whole House for the consideration of 
private bills is no longer of practical application, the term 
``Committee of the Whole'' is used in this chapter to refer to the 
Committee of the Whole House on the state of the Union unless otherwise 
indicated.
    Rule XXIII clause 3 (11~) provides that, ``All motions 
or propositions involving a tax or charge upon the people, all 
proceedings touching appropriations of money, or bills making 
appropriations of money or property, or requiring such appropriation to 
be made, or authorizing payments out of appropriations already made, or 
releasing any liability to the United States for money or property, or 
referring any claim to the Court of Claims, shall be first considered 
in a Committee of the Whole. . . .''
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 865 (1979).
---------------------------------------------------------------------------

    This rule is applied not only to bills, but to amendments 
(12) and Senate amendments to House measures as well. As to 
the latter, Rule XX clause 1 (13~) provides that, ``Any 
amendment of the Senate to any House bill shall be subject to the point 
of order that it shall first be considered in the Committee of the 
Whole House on the state of the Union, if, originating in the House, it 
would be subject to that point. . . .''
---------------------------------------------------------------------------
12. 4 Hinds' Precedents Sec. Sec. 4793, 4794.
13. House Rules and Manual Sec. 827 (1979). See Ch. 32 Sec. 5, infra, 
        for discussion and precedents regarding House action on Senate 
        amendments.
---------------------------------------------------------------------------

    A view of long standing was that, to require consideration in a 
Committee of the Whole, a measure must have shown on its face that it 
fell within the requirements of Rule XXIII clause 3; (14) 
where the expenditure was a mere matter of speculation,(15) 
or where

[[Page 3255]]

the bill might have involved a charge, but did not necessarily do 
so,(16) the rule did not apply. In ruling on a point of 
order as to whether a proposition involved a charge on the Treasury, 
the Speaker was confined to the provisions of the text and could not 
take into consideration personal knowledge not directly deducible 
therefrom.(17) In modern practice, a measure goes on the 
Union Calendar for consideration in the Committee of the Whole House on 
the state of the Union if an expenditure under the measure is probable.
---------------------------------------------------------------------------
14. 4 Hinds' Precedents Sec. Sec. 4811-4817.
15. 4 Hinds' Precedents Sec. Sec. 4818-4821; 8 Cannon's Precedents 
        Sec. 2388.
16. 4 Hinds' Precedents Sec. Sec. 4809, 4810.
17. 8 Cannon's Precedents Sec. Sec. 2386, 2391.
---------------------------------------------------------------------------

    The Committee of the Whole observes the rules of proceeding in the 
House as far as applicable.(18) However, the procedure in 
the Committee of the Whole differs from procedures in the House in 
certain respects. In the Committee, (1) a quorum consists of 100 
Members instead of a majority of the House membership; (19~) 
(2) tellers may be requested by 20 Members instead of by 44 (one-fifth 
of a quorum of the House); (20) (3) a recorded vote may be 
requested by 25 (formerly 20) Members instead of by 44 (one-fifth of a 
quorum of the House); (21) (4) the constitutional yea and 
nay vote demanded by one fifth of the Members present,(22) 
or an ``automatic'' yea and nay vote as provided under Rule XV clause 
4,(23) may not be taken; (5) amendments may not be withdrawn 
except by unanimous consent; (1) (6) debate may both be 
general and under the five-minute rule for amendments; (2) 
and (7) leave to extend remarks may be given only to the Member making 
the request, and not for the inclusion of extraneous material, general 
leaves being granted only by the House.(3)
---------------------------------------------------------------------------
18. Rule XXIII clause 9, House Rules and Manual Sec. 877 (1979); 4 
        Hinds' Precedents Sec. 4737.
19. Rule XXIII clause 2(a), House Rules and Manual Sec. 863 (1979). See 
        also Jefferson's Manual, House Rules and Manual Sec. 329 Note 
        (1979).
20. Rule I clause 5, House Rules and Manual Sec. 630 (1979); 5 Hinds' 
        Precedents Sec. Sec. 5985, 5986.
21. Rule XXIII clause 2(b) (adopted in the 96th Congress; see H. Res. 
        5, Jan. 15, 1979), House Rules and Manual (1979).
22. U.S. Cong. art. I, Sec. 5, clause 3, House Rules and Manual Sec. 76 
        Note (1979); 4 Hinds' Precedents Sec. Sec. 4722, 4723.
23. House Rules and Manual Sec. 773 (1979).
 1. Rule XXIII clause 5, House Rules and Manual Sec. 870 (1979); Rule 
        XIX, House Rules and Manual Sec. 824 Note (1979); 5 Hinds' 
        Precedents Sec. Sec. 5221, 5753 (ftn.).
 2. Rule XXIII clause 5, House Rules and Manual Sec. 870 (1979).
 3. 5 Hinds' Precedents Sec. Sec. 7009, 7010, 8 Cannon's Precedents 
        Sec. 3488.

---------------------------------------------------------------------------

[[Page 3256]]

    Certain powers may not be exercised by the Committee of the Whole. 
For example, the Committee may not modify orders of the 
House,(4) raise the question of consideration,(5) 
transact proceedings regarding words demanded to be taken down in 
debate,(6~) appoint, authorize, or discharge 
committees,(7) extend, even by unanimous consent, time for 
debate fixed by the House (8) suspend the rule relating to 
admission to the floor,(9) recess without permission of the 
House,(10) instruct conferees,(11) or consider 
questions of privilege.(~12)
---------------------------------------------------------------------------
 4. 4 Hinds' Precedents Sec. Sec. 4712, 4713; 7 Cannon's Precedents 
        Sec. 786; and 8 Cannon's Precedents Sec. Sec. 2321, 2323.
 5. 7 Cannon's Precedents Sec. 952 (on Calendar Wednesday); see also 5 
        Hinds' Precedents Sec. Sec. 4973-4976.
 6. 2 Hinds' Precedents Sec. Sec. 1257-1259, 1348; 8 Cannon's 
        Precedents Sec. Sec. 2533, 2538, 2539. See Rule XIV clause 5, 
        House Rules and Manual Sec. 761 (1979), which states that 
        objectionable words are taken down and read to the House. See 
        also Sec. 17, infra, for a discussion of Committee procedure 
        when a Member objects to certain language.
 7. 4 Hinds' Precedents Sec. Sec. 4697, 4710.
 8. Note to Rule XXIII clause 5, House Rules and Manual Sec. 871 
        (1979); 5 Hinds' Precedents Sec. Sec. 5212-5216; 8 Cannon's 
        Precedents Sec. Sec. 2321, 2550.
 9. Note to Rule XXXII clause 1, House Rules and Manual Sec. 919 
        (1979); 5 Hinds' Precedents Sec. 7285.
10. 5 Hinds' Precedents Sec. Sec. 6669-6671.
11. 8 Cannon's Precedents Sec. 2320.
12. Note to Rule IX, House Rules and Manual Sec. 666 (1979); 2 Hinds' 
        Precedents Sec. 1657.
---------------------------------------------------------------------------

    The Committee of the Whole may rise informally to receive 
messages.(13)
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 330 (1979); 4 Hinds' Precedents 
        Sec. 4786.
---------------------------------------------------------------------------

Significance of Mace

Sec. 1.1 The position of the mace signifies whether the House is in 
    session or whether it has resolved itself into the Committee of the 
    Whole. When the mace is in the higher position 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.

    On July 13, 1966, the 125th anniversary year of the use of the 
present mace,(14) Mr. Frank Horton, of New York, discussed 
the position of the mace as it relates to whether the House meets in 
regular session or in the Committee of the Whole.
---------------------------------------------------------------------------
14. 112 Cong. Rec. 15403, 15404, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Horton: Mr. Speaker, today I should like to remind my 
    distinguished

[[Page 3257]]

    colleagues of a historic anniversary. The year 1966 marks 125 years 
    of consecutive use of the present mace in the House of 
    Representatives. . . .
        The position of the mace signifies whether the House is in 
    session or whether it has resolved itself into the Committee of the 
    Whole House on the State of the Union. Visitors in the galleries 
    today will notice that the mace is now in position at the Speaker's 
    right, meaning that we are now in regular session. When we begin 
    our deliberations in the Committee of the Whole, the mace will be 
    placed on the lower pedestal next to the desk of the Sergeant at 
    Arms. Any Member or visitor entering the House can tell at a glance 
    if the House is in session or in committee.

Anticipation of Parliamentary Situations by Speaker

Sec. 1.2 The Speaker does not anticipate parliamentary situations which 
    might arise in Committee of the Whole.

    On June 29, 1973,(15) Speaker Carl Albert, of Oklahoma, 
refused to anticipate parliamentary situations which might arise in the 
Committee of the Whole.
---------------------------------------------------------------------------
15. 119 Cong. Rec. 22336, 22337, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Richard] Boiling [of Missouri]: Mr. Speaker, by direction 
    of the Committee on Rules, I call up House Resolution 479 and ask 
    for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 479

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move, clause 6, rule XXI to the contrary 
        notwithstanding, 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. 9055) making supplemental 
        appropriations for the fiscal year ending June 30, 1973, and 
        for other purposes, and all points of order against said bill 
        for failure to comply with the provisions of clauses 2 and 5, 
        rule XXI are hereby waived. It shall be in order to consider 
        without the intervention of any point of order the following 
        amendment in the nature of a substitute for section 307 of the 
        bill H.R. 9055.
            ``Sec. 307. None of the funds herein appropriated under 
        this Act or heretofore appropriated under any other Act may be 
        expended to support directly or indirectly combat activities 
        in, over, or from off the shores of Cambodia or in or over Laos 
        by United States forces.''. . . .

        Mr. [James J.] Pickle [of Texas]: Mr. Speaker, is it my 
    understanding that this is an open rule? Do I further understand 
    that the gentleman from Georgia (Mr. Flynt) intends to offer the 
    Eagleton amendment as a substitute which we had voted on in the 
    last few days?
        I understand from conversations which I have had at the Chair 
    that it would be in order then to offer amendments to the 
    substitute which will be offered by the gentleman from Georgia, and 
    if any of those amendments were passed, it would be an amendment to 
    that substitute.
        If that substitute passes, there can be no more amendments and 
    the vote will be up or down on that issue. Thus, if I am correct, 
    then, Mr. Speaker, if

[[Page 3258]]

    the substitute is passed, then there will be a vote on that up or 
    down, and there can be no amendment beyond that point, is that 
    correct?
        The Speaker: The Chair will answer that this is a matter for 
    the Chairman of the Committee of the Whole House on the State of 
    the Union.
        The Chair is not able at this time to take over the 
    responsibility of making parliamentary rulings from the Chairman of 
    the Committee of the Whole House.
        Mr. [Delbert L.] Latta [of Ohio]: Mr. Speaker, the Speaker is 
    absolutely correct. This is something that can be taken up in the 
    Committee of the Whole House on the State of the Union.

Consideration of Questions of Personal Privilege

Sec. 1.3 Members may not rise to a question of personal privilege in 
    the Committee of the Whole.

    On Apr. 18, 1944,(16) during consideration of H.R. 4254, 
extension of ``Lend Lease,'' Chairman Warren G. Magnuson, of 
Washington, refused to permit a Member to raise a question of persona] 
privilege because that issue may not be raised in the Committee of the 
Whole.
---------------------------------------------------------------------------
16. 90 Cong. Rec. 3558, 78th Cong. 2d Sess. See also 115 Cong. Rec. 
        24372, 91st Cong. 1st Sess., Sept. 4, 1969 (during 
        consideration of H.R. 12085, extending the Clean Air Act); 106 
        Cong. Rec. 11289, 86th Cong. 1st Sess., June 18, 1959; and 
        Deschler's Procedure (93d Cong.), Ch. 11 Sec. 13.6, for other 
        instances of this principle.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman [of Michigan]: Mr. Chairman, can I raise 
    a question of personal privilege in the Committee of the Whole, or 
    do I have to wait until we go back into the House?
        The Chairman: That cannot be done in the Committee of the 
    Whole.(l7)
---------------------------------------------------------------------------
17. Note: Under the modern practice, points of personal privilege may 
        not be raised in the Committee of the Whole. The opposite was 
        formerly true. See 3 Hinds' Precedents Sec. Sec. 2540 et seq., 
        which indicate that a matter of personal privilege could be 
        claimed with reference to unparliamentary words. This former 
        practice has been superseded by the procedure for taking down 
        words in Committee of the Whole.
---------------------------------------------------------------------------

Consideration of Measures in House as in Committee of the Whole

Sec. 1.4 Where a joint resolution requiring consideration in the 
    Committee of the Whole is called up by unanimous consent, it is 
    considered in the House as in the Committee of the Whole and is 
    subject to debate and amendment under the five-minute 
    rule.(l8)
---------------------------------------------------------------------------
18. For more detailed discussion of consideration and procedure in the 
        House as in Committee of the Whole, see Ch. 29 Sec. Sec. 4, 70.

---------------------------------------------------------------------------

[[Page 3259]]

    On Sept. 26, 1968,(19) by unanimous consent House Joint 
Resolution 1461 was considered in the House as in Committee of the 
Whole and subject to debate and amendment under the five-minute rule.
---------------------------------------------------------------------------
19. 114 Cong. Rec. 28374, 90th Cong.2d Sess.
---------------------------------------------------------------------------

        Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I ask unanimous 
    consent for the immediate consideration of the joint resolution 
    (H.J. Res. 1461) making continuing appropriations for the fiscal 
    year 1969, and for other purposes.
        The Clerk read the title of the joint resolution.
        The Speaker:(20) Is there objection to the request 
    of the gentleman from Texas?. . .
---------------------------------------------------------------------------
20. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Frank T.] Bow [of Ohio:. . . I should like to make a 
    parliamentary inquiry, Mr. Speaker.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Bow: If this joint resolution is now called before the 
    House, will it be in order, when it is before the House, to offer a 
    substitute in the manner in which I have discussed it?
        The Speaker: The answer is that it would be in order. . . .
        Is there objection to the request of the gentleman from Texas?
        There was no objection.
        The Clerk read the joint resolution as follows:

                                 H.J. Res. 1461

            Resolved by the Senate and House of Representatives of the 
        United States of America in Congress assembled, That clause (c) 
        of section 102 of the joint resolution of June 29, 1968 (Public 
        Law 90-366), is hereby further amended by striking out 
        ``September 30, 1968'' and inserting in lieu thereof ``October 
        12, 1968''.

        Mr. Mahon: Mr. Speaker, I ask unanimous consent that the joint 
    resolution be considered in the House as in the Committee of the 
    Whole.
        The Speaker: Is there objection to the request of the gentleman 
    from Texas?
        There was no objection.
        Mr. Mahon: Mr. Speaker, I move to strike out the last word. May 
    I just add a few words. There are a number of agencies of the 
    Government for which regular appropriations for 1969 have not been 
    finally enacted by the Congress.

Sec. 1.5 A motion that a Union Calendar bill called up be considered in 
    the House as in the Committee of the Whole is not in order, 
    although unanimous consent may be granted for that purpose; if such 
    consent is not obtained, the House automatically resolves itself 
    into the Committee of the Whole on Calendar Wednesday.

    On July 12, 1939,(1) during consideration of H.R. 985, 
to author
---------------------------------------------------------------------------
 1. 84 Cong. Rec. 8945, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3260]]

ize the Secretary of War to furnish markers for certain graves, Speaker 
William B. Bankhead, of Alabama, stated that a unanimous-consent 
request, but not a motion, to consider a Union Calendar bill in the 
House as in Committee of the Whole would be in order. After an 
objection was raised to the unanimous-consent request, the House 
automatically resolved itself into the Committee of the Whole.

        Mr. [Andrew J.] May [of Kentucky] (when the Committee on 
    Military Affairs was called): Mr. Speaker, by direction of the 
    Committee on Military Affairs, I call up the bill (H.R. 985) to 
    authorize the Secretary of War to furnish certain markers for 
    certain graves, and ask unanimous consent that the bill be 
    considered in the House as in Committee of the Whole.
        The Clerk read the title of the bill.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, 
    reserving the right to object, will the gentleman explain the bill 
    before we grant this request?
        Mr. May: This is a bill to authorize the Secretary of War to 
    furnish certain markers for graves of persons who are entitled to 
    have them. Under the statute they are bronze markers or stone 
    markers.
        Mr. [Sam] Hobbs [of Alabama] Mr. Speaker, I object.
        Mr. May: To what is the gentleman objecting?
        Mr. Hobbs: I am objecting to the consideration of the bill.
        Mr. May: Then I move, Mr. Speaker, that the bill be considered 
    in the House as in Committee of the Whole.
        The Speaker: The Chair is of the opinion that could not be 
    permitted under the rules of the House. The gentleman may submit a 
    unanimous consent request, but not a motion.
        The gentleman from Kentucky asks unanimous consent to consider 
    the bill in the House as in Committee of the Whole. Is there 
    objection to the request of the gentleman from Kentucky?
        Mr. Hobbs: I object, Mr. Speaker.
        The Speaker: This bill is on the Union Calendar.
        Accordingly, the House resolved itself into Committee of the 
    Whole House on the state of the Union for the consideration of the 
    bill (H.R. 985) to authorize the Secretary of War to furnish 
    certain markers for certain graves, with Mr. Tarver in the chair.