[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 19. The Committee of the Whole]
[F. Rising of the Committee of the Whole]
[Â§ 22. Motions to Rise]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3456-3461]
 
                               CHAPTER 19
 
                       The Committee of the Whole
 
                F. RISING OF THE COMMITTEE OF THE WHOLE
 
Sec. 22. Motions to Rise

    It is in order for any Member of the Committee of the Whole to move 
to rise and the Chairman is constrained to recognize for that 
purpose,(6) unless another Member controls the 
floor.(7) However, neither the motion to rise (8) 
nor the motion to rise and report is debatable.(9)
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 6. 8 Cannon's Precedents Sec. 2369.
 7. See Sec. 24.2, infra.
 8. Sec. 22.4, infra.
 9. 4 Hinds' Precedents Sec. 4766.
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    Although a motion that the Committee of the Whole rise and resume 
its sitting on a day certain is not in order in the 
Committee,(10) a motion to rise and report with the 
recommendation that consideration be postponed to a day certain is in 
order and preferential where the Committee is operating under the 
general rules of the House,(11) but not where the Committee 
is operating under a special rule specifying the conditions under which 
the bill is to be considered.(12)
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10. Sec. 22.2, infra.
11. 8 Cannon's Precedents Sec. 2372.
12. For an example of the effect of a special rule on the availability 
        of certain motions to rise with recommendations, see 
        Sec. 23.12, infra.
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[[Page 3457]]

    The simple motion to recommit is not admissible in the Committee of 
the Whole, but a motion to rise and report with the recommendation that 
the bill be recommitted is in order (13) unless that motion 
is precluded by the terms of a special rule.(14)
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13. 8 Cannon's Precedents Sec. 2329.
14. See Sec. 23.12, infra.
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Form of Motion

Sec. 22.1 The Committee of the Whole may rise pursuant to a motion from 
    the floor in which a Member states ``Mr. Chairman, I move that the 
    Committee do now rise.''

    On Apr. 14, 1970,(15) the Committee of the Whole rose 
pursuant to a motion from the floor to enable the Speaker to sign and 
lay before the House an enrolled bill to increase the pay of federal 
employees. After the Speaker announced his signature the House agreed 
to a motion to resolve into the Committee. The proceedings were as 
follows:
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15. 116 Cong. Rec. 11654, 91st Cong. 2d Sess.
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        Mr. [Daniel J.] Flood [of Pennsylvania]: I take this time to 
    advise the Chair and the Committee that the postal pay raise bill 
    is about to be presented. I understand that action will take place 
    immediately as the Speaker has just advised us.
        Mr. Chairman, I move that the Committee do now rise.
        The motion was agreed to.
        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Holifield, 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. 16916, making 
    appropriations for the Office of Education for the fiscal year 
    ending June 30, 1971, and for other purposes, had come to no 
    resolution thereon.
        The Speaker announced his signature to enrolled bill of the 
    Senate of the following title:

            S. 3690. An act to increase the pay of Federal employees.

        Mr. Flood: 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. 16916) making 
    appropriations for the Office of Education for the fiscal year 
    ending June 30, 1971, and for other purposes.
        The Speaker: (16) The question is on the motion 
    offered by the gentleman from Pennsylvania.
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16. John W. McCormack (Mass.).
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        The motion was agreed to.
        Accordingly the House resolved into the Committee of the Whole 
    House on the State of the Union for the further consideration of 
    the bill H.R. 16916, with Mr. Holifield in the chair.

Motion to Rise and Resume on Day Certain

Sec. 22.2 A motion that the Committee rise and resume its

[[Page 3458]]

    sitting on a day certain is not in order in the Committee of the 
    Whole.

    On May 25, 1967,(17) during consideration of S. 1432, 
amending the Universal Military Training and Service Act, Chairman 
Robert L. F. Sikes, of Florida, ruled out a motion that the Committee 
rise and resume its sitting on a day certain.
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17. 113 Cong. Rec. 14121, 90th Cong. 1st Sess.
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        Mr. [William H.] Bates [of Massachusetts]: Mr. Chairman, I 
    yield 5 minutes to the gentleman from Maryland [Mr. Rogers C. B. 
    Morton].
        Mr. Morton: Mr. Chairman, I open my remarks with a 
    parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Morton: Would it be in order to move that the Committee 
    rise and sit again on Wednesday, the 31st of May?
        The Chairman: At this time that motion would not be order.

Requirement That Motion Be Written

Sec. 22.3 All motions must be in writing if the demand is made, and 
    this applies to a motion that the Committee of the Whole do now 
    rise.

    On June 13, 1947,(18) during consideration of H.R. 3342, 
the cultural relations program of the State Department, Chairman Thomas 
A. Jenkins, of Ohio, sustained a point of order against a motion, made 
orally, to rise.
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18. 93 Cong. Rec. 6998, 80th Cong. 1st Sess. See 96 Cong. Rec. 1693, 
        81st Cong. 2d Sess., Feb. 8, 1950, for another illustration of 
        this principle.
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        Mr. [Daniel A.] Reed of New York: Mr. Chairman, I move that the 
    Committee do now rise.
        Mr. [Karl E.] Mundt [of South Dakota]: Mr. Chairman, I make the 
    point of order that the motion has not been submitted in writing.
        Mr. Reed of New York: Mr. Chairman, a preferential motion of 
    this character does not have to be submitted in writing.
        The Chairman: The point of order is sustained.

Debatability

Sec. 22.4 The motion that the Committee rise is not debatable.

    On Apr. 8, 1964,(19) during consideration of H.R. 10222, 
the Food Stamp Act of 1964, Chairman Phillip M. Landrum, of Georgia, 
indicated that the motion that the Committee of the Whole rise is not 
debatable.
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19. 110 Cong. Rec. 7298, 88th Cong. 2d Sess. See 94 Cong. Rec. 8521, 
        80th Cong. 2d Sess., June 16, 1948; 89 Cong. Rec. 1167, 78th 
        Cong. 1st Sess., Feb. 19, 1943; and 81 Cong. Rec. 7686-97, 75th 
        Cong. 1st Sess., July 27, 1937, for other examples of this 
        principle.
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        The Chairman: The Chair recognizes the gentleman from Iowa [Mr. 
    Jensen].

[[Page 3459]]

        Mr. [Ben F.] Jensen: Mr. Chairman, I move that the Committee do 
    now rise out of further respect for one of the greatest Americans, 
    Gen. Douglas MacArthur.
        The Chairman: The question is on the motion offered by the 
    gentleman from Iowa [Mr. Jensen].
        Mr. Jensen: Mr. Chairman, I demand tellers. It is disgraceful 
    to have this sort of thing going on while General MacArthur is 
    lying here in the Capitol.
        The Chairman: The Chair will inform the gentleman that a vote 
    on his motion is being taken. He is not recognized to make a 
    speech.

Control by Floor Manager

Sec. 22.5 It is within the discretion of the Member handling a bill 
    before the Committee of the Whole to move that the Committee rise.

    On June 16, 1948,(20) during consideration of H.R. 6401, 
the Selective Service Act of 1948, Chairman Francis H. Case, of South 
Dakota, indicated the Member handling a bill in the Committee of the 
Whole always has the discretion to move that the Committee rise.
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20. 94 Cong. Rec. 8621, 80th Cong. 2d Sess.
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        Mr. [Walter G.] 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.

Establishing Time to Rise

Sec. 22.6 Prior to resolving into the Committee of the Whole, the House 
    by unanimous consent may limit general debate to a time certain and 
    provide that the Committee will rise at the conclusion of general 
    debate.

    On Apr. 9, 1963,(21) during consideration of H.R. 5517, 
making supplemental appropriations for the 1963 fiscal year, the House 
by unanimous consent limited general debate and provided for a time for 
the Committee to rise.
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21. 109 Cong. Rec. 6044, 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

[[Page 3460]]

    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: (22) Is there objection to the request 
    of the gentleman from Texas?
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22. John W. McCormack (Mass.).
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        There was no objection.

Quorum Requirement

Sec. 22.7 In Committee of the Whole a quorum is not required on a 
    motion to rise.

    On June 4, 1948,(23) during consideration of H.R. 6801, 
the foreign aid appropriations bill, Chairman W. Sterling Cole, of 
Maryland, ruled on the necessity for a quorum at the time.
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23. 94 Cong. Rec. 7178, 80th Cong. 2d Sess. See also 118 Cong. Rec. 
        19353, 92d Cong. 2d Sess., May 31, 1972.
            Parliamentarian's Note: Rule XV clause 6(b), House Rules 
        and Manual Sec. 774(c) (1979) now provides that a ``quorum 
        shall not be required in the Committee of the Whole for 
        agreement to a motion that the Committee rise.'' The subject of 
        quorums is discussed more fully in Ch. 20, infra.
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        Mr. [Harold D.] Cooley [of North Carolina]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. [John] Taber [of New York]: Mr. Chairman, I move that the 
    Committee rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from New York.
        Mr. Taber: Mr. Chairman, on that I demand tellers.
        Mr. Cooley: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Cooley: Is the motion of the gentleman from New York in 
    order pending the determination as regards the presence of a 
    quorum?
        The Chairman: The gentleman's motion is in order. A quorum is 
    not necessary upon a motion that the Committee rise.

Voting on the Motion

Sec. 22.8 The Committee of the Whole on a division or teller vote may 
    reject a motion made by the Member in charge of a bill that the 
    Committee rise.

    On June 16, 1948,(1) during consideration of H.R. 6401, 
the Selective Service Act of 1948, the Committee of the Whole rejected 
a motion made by the Member in charge of the bill that the Committee 
rise.
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 1. 94 Cong. Rec. 8521, 80th Cong. 2d Sess.
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        Mr. [Walter G.] Andrews [of New York]: Mr. Chairman, in view of 
    the

[[Page 3461]]

    fact that two or three Members who have time are not here, I move 
    that the Committee do now rise. . . .
        The Chairman: (2) The question is on the motion 
    offered by the gentleman from New York [Mr. Andrews] that the 
    Committee do now rise.
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 2. Francis H. Case (S.D.).
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        The question was taken; and on a division (demanded by Mr. 
    Andrews of New York) there were--ayes 79, noes 94.
        Mr. Andrews of New York: Mr. Chairman, I ask for tellers.
        Tellers were ordered, and The Chairman appointed as tellers Mr. 
    Andrews of New York and Mr. Smathers.
        The Committee again divided; and the tellers reported there 
    were--ayes 76, noes 139.
        So the motion was rejected.

Withdrawal

Sec. 22.9 A privileged motion that the Committee of the Whole rise may 
    be withdrawn by unanimous consent.

    On Oct. 28 1971,(3) during consideration of H.R. 7248 to 
amend and extend the Higher Education Act of 1965 and other acts 
dealing with higher education, the motion that the Committee of the 
Whole rise was withdrawn by unanimous consent.
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 3. 117 Cong. Rec. 38071, 92d Cong. 1st Sess.
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        Mr. [Thomas M.] Pelly [of Washington]: Mr. Chairman, I move 
    that the Committee do now rise.
        The Chairman: (4) The gentleman is seeking to 
    propound a parliamentary inquiry?
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 4. James C. Wright, Jr. (Tex.).
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        Mr. Pelly: I am not, Mr. Chairman. I have a privileged motion. 
    I move that the Committee do now rise. . . .
        The Chairman: Does the gentleman from Washington insist upon 
    his motion?
        Mr. Pelly: Mr. Chairman, I withdraw my motion.
        The Chairman: Without objection, the motion is withdrawn.
        There was no objection.