Deschler's Precedents, Volume 5, Chapters 18 - 20

[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 19. The Committee of the Whole]
[F. Rising of the Committee of the Whole]
[§ 21. Generally]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3451-3456]
 
                               CHAPTER 19
 
                       The Committee of the Whole
 
                F. RISING OF THE COMMITTEE OF THE WHOLE
 
Sec. 21. Generally


    The Committee of the Whole may rise formally or informally. 
Sometimes, on the informal rising of the Committee of the Whole, the 
House by unanimous consent transacts unrelated business, such as the 
presentation of enrolled bills, the swearing in of a Member, or 
consideration of the message.⁽⁸⁾
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 8. 4 Hinds' Precedents Sec. Sec. 4788-4791.
            See Jefferson's Manual, House Rules and Manual 
        Sec. Sec. 330, 331, 333, 334, 563 (1973), for parliamentary law 
        regarding rising of the Committee of the Whole.
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    The Committee of the Whole rises automatically on adoption of the 
recommendation that the enacting clause be stricken out.⁽⁹⁾
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 9. 8 Cannon's Precedents 
        Sec. 2629.                          -------------------
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Formal and Informal Rise

Sec. 21.1 When the Committee of the Whole rises--that is, concludes or 
    suspends its proceedings--it may do so either formally or 
    informally. When it rises informally, it rises at the direction of 
    the Chairman, without a formal mo

[[Page 3452]]

    tion from the floor. Thus the Committee may rise informally to 
    receive a message from the President.

    On Apr. 8, 1967,⁽¹⁰⁾ the Committee of the Whole rose 
informally to receive a message from the President.
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10. 113 Cong. Rec. 8585, 90th Cong. 1st Sess. See 110 Cong. Rec. 18262, 
        18263, 88th Cong. 2d Sess., Aug. 6, 1964, for another 
        illustration of this principle.
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        The Chairman: ⁽¹¹⁾ The Committee will rise 
    informally to receive a message.
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11. John H. Dent (Pa.).
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        The Speaker assumed the Chair.
        The Speaker: ⁽¹²⁾ The Chair will receive a message.
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12. John W. McCormack (Mass.).
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        A message in writing from the President of the United States 
    was communicated to the House by Mr. Jones, one of his secretaries.
        The Speaker: The Committee will resume its sitting.

Sec. 21.2 The Committee of the Whole may rise, informally, immediately 
    after having resolved into the Committee following a quorum call in 
    Committee and the Chair's report to the House.

    On Apr. 21, 1969,⁽¹³⁾ the Committee of the Whole rose, 
informally, immediately after having resolved into the Committee 
following a quorum call.
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13. 115 Cong. Rec. 9705, 91st Cong. 1st Sess.
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        Mr. [Frank E.] Evans of Colorado: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman:⁽¹⁴⁾ The Chair will count. . . .
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14. Charles M. Price (Ill.).
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        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Price of Illinois, Chairman of the Committee of the 
    Whole House on the State of the Union, reported that that 
    Committee, having had under consideration the bill H.R. 514, and 
    finding itself without a quorum, he had directed the roll to be 
    called, when 325 Members responded to their names, a quorum, and he 
    submitted herewith the names of the absentees to be spread upon the 
    Journal.
        The Committee resumed its sitting.
        The Chairman: The Committee will rise informally in order that 
    the House may receive a message.
        The Speaker assumed the chair.
        The Speaker: ⁽¹⁵⁾ The Chair will receive a message.
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15. John W. McCormack (Mass.).
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        A message in writing from the President of the United States 
    was communicated to the House by Mr. Geisler, one of his 
    secretaries.
        The Speaker: The Committee will resume its sitting.

Automatic Rise Pursuant to Agreement

Sec. 21.3 When the House has limited general debate to a time certain 
    and provided for the

[[Page 3453]]

    Committee of the Whole to rise at the conclusion of that time, the 
    Committee then rises without a motion or vote.

    On Apr. 9, 1963,⁽¹⁶⁾ upon arrival of the time to close 
debate during consideration of H.R. 5517, making supplemental 
appropriations for fiscal year 1963, the Committee of the Whole rose 
without motion or vote.
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16. 109 Cong. Rec. 6044, 6072, 88th Cong. 1st Sess.
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        Mr. [Albert] Thomas [of Texas]: 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: ⁽¹⁷⁾ Is there objections to the request 
    of the gentleman from Texas?
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17. John W. McCormack (Mass.).
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        There is no objection.
        The Speaker: The question is on the motion offered by the 
    gentleman from Texas [Mr. Thomas].
        The motion was agreed to. . . .
        The Chairman: ⁽¹⁸⁾ The time of the gentleman from 
    California has expired, all time for debate has expired. The hour 
    is 5 o'clock. Under the previous order of the House the Committee 
    rises.
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18. Richard Bolling (Mo.).
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        Accordingly, the Committee rose; and the Speaker having resumed 
    the chair, Mr. Bolling, Chairman of the Committee of the Whole 
    House on the State of the Union, reported that that Committee, 
    having had under consideration the bill (H.R. 5517) making 
    supplemental appropriations for the fiscal year ending June 30, 
    1963, and for other purposes, had come to no resolution thereon.

Effect of Motion to Rise on Amendments

Sec. 21.4 Where the Committee of the Whole during consideration of 
    amendments to a bill votes merely that the Committee rise, the 
    Chairman reports to the House that the Committee has considered the 
    bill but come to no resolution thereon; he does not under this 
    procedure report the bill back to the House with amendments.

    On Aug. 24, 1949,⁽¹⁹⁾ during consideration of H.R. 6070, 
to amend the National Housing Act, Chairman Mike Mansfield, of Montana, 
indicated the procedure to be followed when the Committee of the Whole 
votes to rise,
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19. 95 Cong. Rec. 12186, 12187, 81st Cong. 1st Sess.
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[[Page 3454]]

and the effect thereof on amendments taken up by the Committee.

        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read, as follows:

            Amendment offered by Mr. Marcantonio: On page 34, after the 
        period on line 5, add a new subsection:
            ``Sec. --. Prohibition against discrimination. . . .''

        The Chairman: The question is on the amendment offered by the 
    gentleman from New York [Mr. Marcantonio].
        The question was taken; and on a division (demanded by Mr. 
    Marcantonio) there were--ayes 62, noes 31.
        Mr. [Brent] Spence [of Kentucky]: Mr. Chairman, I demand 
    tellers.
        Tellers were ordered; and the Chairman appointed Mr. Buchanan 
    and Mr. Marcantonio to act as tellers.
        The Committee again divided; and the tellers reported there 
    were--ayes 77, noes 57.
        So the amendment was agreed to.
        Mr. Spence: Mr. Chairman, I move that the Committee do now 
    rise.
        Mr. [Jesse P.] Wolcott [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Wolcott: If the Committee rises at the present time will it 
    report the bill back to the House with amendments, or will it 
    report that it has come to no conclusion thereon? What is the 
    situation?
        The Chairman: This is simply a motion that the Committee rise. 
    There are several amendments yet to be offered.
        The question was taken; and the Chairman announced that the 
    noes appeared to have it.
        Mr. Spence: Mr. Chairman, I demand tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Patman and Mr. Wolcott.
        The Committee again divided, and the tellers reported that 
    there were--ayes 86, noes 83.
        So the motion was agreed to.
        Accordingly the Committee rose; and the Speaker pro tempore, 
    Mr. Priest, having assumed the chair, Mr. Mansfield, Chairman of 
    the Committee of the Whole House on the State of the Union, 
    reported that that Committee, having had under consideration the 
    bill (H. R. 6070) to amend the National Housing Act, as amended, 
    and for other purposes, had come to no resolution thereon.

Rising of Committee to Report Objectionable Words

Sec. 21.5 When words are taken down in the Committee of the Whole, the 
    Committee must immediately rise and the Chairman reports the 
    questionable words to the House.

    On Mar. 9, 1936,⁽²⁰⁾ during consideration of H.R. 11563, 
the Dis
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20. 80 Cong. Rec. 3465, 74th Cong. 2d Sess. See 79 Cong. Rec. 1808, 
        74th Cong. 1st Sess., Feb. 7, 1935, for another illustration of 
        this procedure.
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[[Page 3455]]

trict of (Columbia rent commission bill, the Committee of the Whole 
rose immediately after a demand was made to take words down.

        Mr. [Henry] Ellenbogen [of Pennsylvania]: Mr. Chairman, a point 
    of order. I ask that the gentleman's language be taken down. It is 
    a violation of the rules of the House, and in the meantime I demand 
    that the gentleman take his seat.
        The Chairman: ⁽¹⁾ The Clerk will report the words 
    objected to.
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 1. William B. Umstead (N.C.).
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        The Clerk read as follows:

            Mr. Blanton: Here is the answer, if the gentleman can 
        understand English.

        The Committee rose and the Speaker pro tempore (Mr. O'Connor) 
    having assumed the chair, Mr. Umstead, Chairman of the Committee of 
    the Whole House on the state of the Union, reported that the 
    Committee having had under consideration the bill (H.R. 11563), 
    certain words used in debate were objected to and on request were 
    taken down and read at the Clerk's desk and he reported the same to 
    the House herewith.
        The Speaker Pro Tempore: ⁽²⁾ The Clerk will report 
    the words objected to.
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 2. John J. O'Connor (N.Y.).
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        The Clerk read as follows:

            Mr. Blanton: Here is the answer, if the gentleman can 
        understand English.

        The Speaker Pro Tempore: The Chair is ready to rule. The Chair 
    sees nothing objectionable in the words used.
        The Committee will resume its session.

Rising on Ceremonial Occasions

Sec. 21.6 The Speaker was instrumental in causing the Committee of the 
    Whole to rise because of the death of a Senator, formerly a Member 
    of the House.

    On Mar. 8, 1951,⁽³⁾ Speaker Sam Rayburn, of Texas, was 
instrumental in causing the Committee of the Whole to rise on the death 
of Senator Virgil M. Chapman, formerly a Member of the House. After the 
Committee of the Whole rose, on motion, the Speaker addressed the House 
from the chair.
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 3. 97 Cong. Rec. 2153, 82d Cong. 1st Sess.
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        The Speaker: The Chair desires to inform the House that he was 
    instrumental in seeing that the Committee rose at this time because 
    of the death of a great citizen, a great Senator, and a former 
    great Member of the House of Representatives. The Chair would much 
    prefer that gentlemen who have special orders for this afternoon 
    postpone their special orders. The Chair knows that the gentleman 
    from Texas [Mr. Patman], who has a special order for today, does 
    not want to use his time.

Sec. 21.7 During consideration of an appropriations bill, the

[[Page 3456]]

    Committee of the Whole rose to permit the House to commemorate the 
    150th anniversary of the organization of the Supreme Court.

    On Feb. 1, 1940,⁽⁴⁾ during consideration of H.R. 8202, 
the agriculture appropriation bill, the Committee of the Whole rose to 
permit the House to hold exercises commemorating the 150th anniversary 
of the organization of the Supreme Court.
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 4. 86 Cong. Rec. 935, 936, 76th Cong. 3d Sess.
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        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I move that 
    the Committee do now rise, for the purpose of affording the House 
    of Representatives an opportunity to hold exercises in 
    commemoration of the one hundred and fiftieth anniversary of the 
    organization of the Supreme Court of the United States; and pending 
    that motion, I may say, Mr. Chairman, that at the conclusion of the 
    exercises, at approximately 3 o'clock, the Committee will resume 
    its session and continue consideration of the bill.
        The motion was agreed to.
        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Cole of Maryland, Chairman of the Committee of the 
    Whole House on the state of the Union, reported that that 
    Committee, having had under consideration the bill H.R. 8202, the 
    agricultural appropriation bill, 1941, had come to no resolution 
    thereon.
        The Speaker: ⁽⁵⁾ Members of the House of 
    Representatives, as you are doubtless aware, this is the one 
    hundred and fiftieth anniversary of the first convening of the 
    Supreme Court of the United States.
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 5. William B. Bankhead (Ala.).
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