    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 155-164]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                        sec. xii--committee of the whole

    [[Page 156]]

    by the House are then referred to one or more select committees,
    according as the subject divides itself into one or more bills. Scob.,
    36, 44. Propositions for any charge on the people are especially to be
    first made in a Committee of the Whole. 3 Hats., 127. The sense of the
    whole is better taken in committee, because in all committees everyone
    speaks as often as he pleases. Scob., 49. * * *

    Sec. 326. Parliamentary usage as to Committee of the
    Whole.

      The  speech, messages, and other matters of great concernment are
    usually referred to a Committee of the Whole House (6 Grey, 311), where
    general principles are digested in the form of resolutions, which are
    debated and amended till they get into a shape which meets the
    approbation of a majority. These being reported and confirmed

      This provision is largely obsolete, the House having by its rules and
    practice provided specifically for procedure in Committee of the Whole,
    and having also by its rules for the order of business left no
    privileged status for motions to go into Committee of the Whole on
    matters not already referred to that committee. The Committee of the
    Whole no longer originates resolutions or bills, but receives such as
    have been formulated by standing or select committees and referred to
    it; and when it reports, the House usually acts at once on the report
    without reference to select or other committees (IV, 4705). The practice
    of referring annual messages of the President to Committee of the Whole,
    to be there considered and reported with recommendations for the
    reference of various portions to the proper standing or select
    committees (V, 6621, 6622), was discontinued in the 64th Congress (VIII,
    3350). The current practice is to refer the annual message to the
    Committee of the Whole House on the state of the Union and order it
    printed (Jan. 14, 1969, p. 651). Executive communications submitted to
    implement the proposals contained in the State of the Union Message are
    referred by the Speaker to the various committees having jurisdiction
    over the subject matter therein.

    Sec. 327. Selection of Chairman of Committee of the
    Whole.

      * * *  They generally acquiesce in the chairman named by the Speaker;
    but, as well as all other committees, have a right to elect one, some
    member, by consent, putting the question, Scob., 36; 3 Grey, 301. * * *

    [[Page 157]]

      The House (by clause 1 of rule XVIII) gives the authority to appoint
    the Chairman of the Committee of the Whole to the Speaker (IV, 4704).

    Sec. 328. Form of going into Committee of the
    Whole.

      * * *  The form of going from the House into committee, is for the
    Speaker, on motion, to put the question that the House do now resolve
    itself into a Committee of the Whole to take into consideration such a
    matter, naming it. If determined in the affirmative, he leaves the chair
    and takes a seat elsewhere, as any other Member; and the person
    appointed chairman seats himself at the Clerk's table. Scob., 36. * * *

      This is the form in the House, except that the Chairman of the
    Committee of the Whole seats himself in the Speaker's chair. Clause 1(b)
    of former rule XXIII (currently rule XVIII) was adopted to authorize the
    Speaker, and it is the modern practice, when no other business is
    pending, to declare the House resolved into Committee of the Whole to
    consider a measure at any time after the House has adopted a special
    order of business providing for consideration of such measure (and not
    require a motion), unless the resolution specifies otherwise (H. Res. 5,
    Jan. 3, 1983, p. 34).

    Sec. 329. Quorum in Committee of the Whole.

      * * *  Their
    quorum is the same as that of the House; and if a defect happens, the
    chairman, on a motion and question, rises, the Speaker resumes the chair
    and the chairman can make no other report than to inform the House of
    the cause of their dissolution. * * *

      Until 1890 a quorum of the Committee of the Whole was the same as the
    quorum of the House; but in 1890 the rule (formerly clause 2 of rule
    XXIII, current clause 6 of rule XVIII) fixed it at one hundred (IV,
    2966). Clause 6 of rule XVIII provides the procedure that is followed in
    Committee of the Whole in case of failure of a quorum.

    [[Page 158]]

    Sec. 330. Rising of committee for reception of
    messages.

      * * *  If a message is announced during a committee, the Speaker
    takes the chair and receives it, because the committee can not. 2 Hats.,
    125, 126.

      In the House, the committee rises informally to receive a message, or
    to enable the Speaker to sign and lay before the House an enrolled bill,
    at the direction of the Chairman without a formal motion from the floor
    (IV, 4786, footnote; Jan. 28, 1980, p. 888; Feb. 8, 1995, p. 4112); but
    at this rising the House may not have the message read or transact other
    business except by unanimous consent (IV, 4787-4791). However, it is the
    general custom for the Speaker to decline to entertain a unanimous-
    consent request during an informal rising of the Committee of the Whole
    (IV, 4789, Apr. 6, 2000, p. 4778).

    Sec. 331. Quarrels in Committee of the Whole, and duty of
    the Speaker in relation thereto.

      In  a Committee of the Whole, the tellers
    on a division differing as to numbers, great heats and confusion arose,
    and danger of a decision by the sword. The Speaker took the chair, the
    mace was forcibly laid on the table; whereupon the Members retiring to
    their places, the Speaker told the House ``he has taken the chair
    without an order to bring the House into order.'' Some excepted against
    it; but it was generally approved as the only expedient to suppress the
    disorder. And every Member was required, standing up in his place, to
    engage that he would proceed no further in consequence of what had
    happened in the grand committee, which was done. 3 Grey, 128.

    [[Page 159]]

      In the House the Speaker has on several occasions taken the chair
    ``without an order to bring the House into order'' (II, 1648-1653), but
    that being accomplished he may yield to the chairman that the committee
    may rise in due form (II, 1349). In one instance, the chairman, having
    been defied and insulted by a Member, left the chair; and, on the chair
    being taken by the Speaker, he reported the facts to the House (II,
    1653). In several cases Members who have quarrelled have made
    explanation and reconciled their difficulties (II, 1651), or have been
    compelled by the House to apologize ``for violating its privilege and
    offending its dignity'' (II, 1648, 1650).

    Sec. 332. Effect of breaking up of Committee of the Whole by
    disorder.

      A  Committee of the Whole being broken up in disorder, and the
    chair resumed by the Speaker without an order, the House was adjourned.
    The next day the committee was considered as thereby dissolved, and the
    subject again before the House; and it was decided in the House, without
    returning into committee. 3 Grey, 130.

      This provision is obsolete, since in the practice of the House there
    is but one Committee of the Whole, which is in its nature a standing
    committee with calendars of business. It is never dissolved, and bills
    remain on its calendar until reported in the regular manner after
    consideration (IV, 4705). When the Speaker restores order he usually
    yields the chair to the chairman, thus permitting the committee later to
    rise in due form (II, 1349).

    [[Page 160]]

    chair, the chairman informs him that the committee have gone through the
    business referred to them, and that he is ready to make report when the
    House shall think proper to receive it. If the House have time to
    receive it, there is usually a cry of ``now, now,'' whereupon he makes
    the report; but if it be late, the cry is ``to-morrow, to-morrow,'' or
    ``Monday,'' etc., or a motion is made to that effect, and a question put
    that it be received to-morrow, &c. Scob., 38.

    Sec. 333. Motions for previous question and to adjourn not
    used in Committee of the Whole.

      No  previous question can be put in a
    committee; nor can this committee adjourn as others may; but if their
    business is unfinished, they rise, on a question, the House is resumed,
    and the chairman reports that the Committee of the Whole have, according
    to order, had under their consideration such a matter, and have made
    progress therein; but not having had time to go through the same, have
    directed him to ask leave to sit again. Whereupon a question is put on
    their having leave, and on the time the House will again resolve itself
    into a committee. Scob., 38. But if they have gone through the
    matter <> referred to them, a member moves that the committee may
    rise, and the chairman report their proceedings to the House; which
    being resolved, the chairman rises, the Speaker resumes the

    [[Page 161]]

      In the practice of the House the previous question and motion to
    adjourn are not admitted in Committee of the Whole; but the rules
    (clause 8 of rule XVIII) provide for closing both the general and five-
    minute debate. When the committee rises without concluding a matter the
    chairman reports that they ``have come to no resolution thereon''; but
    leave to sit again is not asked in the modern practice. The permission
    of the House is not asked when the chairman reports a matter concluded
    in committee. The report is made and received as a matter of course, and
    is thereupon before the House for action. When the House has vested
    control of general debate in certain Members, their control may not be
    abrogated during general debate by another Member moving to rise, unless
    they yield for that purpose (May 25, 1967, p. 14121; June 10, 1999, p.
    12471). A Member yielded time in general debate may not yield to another
    for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p. 8200). The
    motion that the Committee of the Whole rise is privileged during debate
    under the five-minute rule, and may be offered during debate on a
    pending amendment, except where a Member has the floor (Aug. 13, 1986,
    p. 21215; Mar. 22, 1995, p. 8770). The motion to rise may not include
    restrictions on the amendment process or limitations on future debate on
    amendments (June 6, 1990, p. 13234). The motion that the Committee of
    the Whole rise is not debatable (May 17, 2000, p. 8203). For a further
    discussion of the motion to rise, see Sec. 983, infra. For a point of
    order against the motion to rise and report an appropriation bill to the
    House where the bill, as proposed to be amended, exceeds an applicable
    allocation of new budget authority under section 302(b) of the
    Congressional Budget Act of 1974, and procedures for the Committee of
    the Whole in the event that the point of order is sustained, see
    Sec. 1044b, infra.

    Sec. 335. Duties of Speaker and House as to reception of
    reports of Committee of the Whole.

      The  Speaker recognizes only reports
    from the Committee of the Whole made by the chairman thereof (V, 6987),
    and a matter alleged to have arisen therein but not reported may not be
    brought to the attention of the House (VIII, 2429, 2430) even on the
    claim that a question of privilege is involved (IV, 4912; V, 6987; VIII,
    2430). In one instance, however, the committee reported with a bill a
    resolution relating to an alleged breach of privilege (V, 6986). When a
    bill is reported the Speaker must assume that it has passed through all
    the stages necessary for the report (IV, 4916). When the committee
    reported not only what it had done but by whom it had been prevented
    from doing other things, the Speaker held that the House might not amend
    the report, which stood (IV, 4909). But a committee may not report a
    recommendation which, if carried into effect, would change a rule of the
    House (IV, 4907, 4908) unless a measure proposing amendments to House
    rules has initially been referred to the Committee of the Whole by the
    House. When an amendment is reported by the committee it may not be
    withdrawn, and a question as to its validity is not considered by the
    Speaker (IV, 4900). When a committee, directed by order of the House to
    consider certain bills, reported also certain other bills, the Speaker
    held that so much of the report as related to the latter bills could be
    received only by unanimous consent (IV, 4911). When a report is ruled
    out as in excess of the committee's power, the accompanying bill stands
    recommitted (IV, 4784, 4907). A report from a Committee of the Whole
    could not formerly be received in the absence of a quorum (VI, 666;
    clause 7 of rule XX).

    [[Page 162]]

    an amendment in the nature of a substitute, which may have been amended
    freely (IV, 4900-4903). If a Committee of the Whole amends a paragraph
    and subsequently strikes out the paragraph as amended, the first
    amendment fails, and is not reported to the House or voted on (IV, 4898;
    V, 6169; VIII, 2421, 2426), and when the Committee of the Whole adopts
    two amendments that are subsequently deleted by an amendment striking
    out and inserting new text, only the latter amendment is reported to the
    House (June 20, 1967, p. 16497). Where two amendments proposing
    inconsistent motions to strike and insert a pending section are
    considered as separate first degree amendments (not one as a substitute
    for the other) before either is finally disposed of under a special
    procedure permitting the Chair to postpone requests for a recorded vote,
    the Chair's order of voting on the matter as unfinished business
    determines which amendment (if both were adopted) would be reported to
    the House (Aug. 6, 1998, pp. 19098-107). Normally, if the Committee of
    the Whole perfects a bill by adopting certain amendments and then adopts
    an amendment striking out all after section one of the bill and
    inserting a new text, only the bill, as amended by the motion to strike
    out and insert, is reported to the House; but when the bill is being
    considered under a special rule permitting a separate vote in the House
    on any of the amendments adopted in the Committee of the Whole to the
    bill or the committee substitute, all amendments adopted in the
    Committee are reported to the House regardless of their consistency (May
    26, 1960, pp. 11302-04). Where a separate vote is demanded in this type
    of situation in the House only on an amendment striking out a section of
    a committee substitute, but not on perfecting amendments which have been
    previously adopted in Committee of the Whole to that section, rejection
    in the House of the motion to strike the section results in a vote on
    the committee substitute in its original form and not as perfected,
    since the perfecting amendments have been displaced in the Committee of
    the Whole and have not been revived on a separate vote in the House
    (Speaker O'Neill, Oct. 13, 1977, pp. 33622-24). But where the Committee
    of the Whole reports a bill to the House with an adopted amendment in
    the nature of a substitute and the special order of business in question
    does not provide for separate House votes on amendments thereto, a
    separate vote may not be demanded on an amendment to such amendment,
    since only one amendment in its perfected form has been reported back to
    the House (Nov. 17, 1983, p. 33463).

    Sec. 336. Amendments in Committee of the
    Whole.

      The Committee of the  Whole, like any other committee, may amend a proposition either
    by an ordinary amendment or by a substitute amendment (IV, 4899), but
    these amendments must be reported to the House for action. Amendments
    rejected by the committee are not reported (IV, 4877). Ordinarily all
    amendments must be disposed of before the committee may report (IV,
    4752-4758); but sometimes a special order of business requires a report
    at a specified time, in which case pending amendments are reported (IV,
    3225-3228) or not (IV, 4910) as the terms of the order may direct. In
    the 98th Congress, clause 2 of rule XXI was amended to give precedence
    to the motion that the Committee rise and report a general appropriation
    bill at the conclusion of its reading for amendment and before or
    between consideration of amendments proposing certain limitations or
    retrenchments (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress
    further amended clause 2 to permit only the Majority Leader or a
    designee to offer that motion (sec. 215(a), H. Res. 6, Jan. 4, 1995, p.
    468). The 105th Congress elevated the Majority Leader's preferential
    motion in clause 2 to take precedence of any motion to amend at that
    stage (H. Res. 5, Jan. 7, 1997, p. 121). The practice of the House,
    based originally on a rule (IV, 4904), requires amendments to be
    reported from the Committee of the Whole in their perfected forms, and
    this holds good even in the case of

    [[Page 163]]

    but must be voted on by the House as a whole (IV, 4883-4892; VIII,
    2426). It is a frequent practice for the House by unanimous consent, to
    act at once on all the amendments to a bill reported from the Committee
    of the Whole, but it is the right of any Member to demand a separate
    vote on any amendment (IV, 4893, 4894; VIII, 2419). Where a special rule
    permits en bloc consideration of certain amendments in Committee of the
    Whole, those amendments if reported back to the House may also be
    considered en bloc for a separate vote in the House on demand of any
    Member (Speaker O'Neill, Sept. 7, 1978, p. 28425). A Member may demand a
    separate vote in the House on an amendment to a committee amendment in
    the nature of a substitute adopted in the Committee of the Whole where
    the bill is being considered under a special rule permitting separate
    votes in the House on any of the amendments adopted in the Committee of
    the Whole to the bill or committee amendment (Sept. 30, 1971, p. 34337),
    but where a special rule ``self-executes'' an amendment as a
    modification of an amendment in the nature of a substitute to be
    considered as an original bill, that modification is not separately
    voted on upon demand in the House (Speaker Foley, Feb. 3, 1993, p.
    2043). A Member may withdraw a demand for a separate vote in the House
    on an amendment reported from Committee of the Whole before the
    Speaker's putting the question thereon, and unanimous consent is not
    required (May 28, 1987, p. 14030). When demand is made for separate
    votes in the House on several amendments adopted in the Committee of the
    Whole, the amendments are voted on in the House in the order in which
    they appear in the bill (July 24, 1968, pp. 23093-95; May 28, 1987, p.
    14030; June 11, 1997, p. 10654), except when amendments have been
    considered under a special rule prescribing the order for their
    consideration where the bill is considered as read, in which case they
    are voted on upon demand in the order in which considered in Committee
    of the Whole (Mar. 11, 1993, p. 4733; Mar. 25, 1993, pp. 6358, 6359).

    Sec. 337. Committee of the Whole amendments in the
    House.

      All  amendments to a bill reported from the Committee of the Whole
    stand on an equal footing and must be voted on by the House (IV, 4871)
    in the order in which they are reported, although they may be
    inconsistent, one with another (IV, 4881, 4882), and are subject to
    amendment in the House unless the previous question is ordered (VIII,
    2419). Two amendments being reported as distinct were considered
    independently, although apparently one was a proviso attaching to the
    other (IV, 4905); and an entire and distinct amendment may not be
    divided,

    [[Page 164]]

      Depending on the will of the House as expressed on the question of
    ordering the previous question (IV, 4895; V, 5794; VIII, 2419), when a
    bill is reported with amendments, it is in order to submit additional
    amendments after disposition of the committee amendments (IV, 4872-
    4876). However, in modern practice the opportunity to submit amendments
    is normally foreclosed by the ordering of the previous question under a
    special rule. The fact that a proposition has been rejected by the
    Committee of the Whole does not prevent it from being offered as an
    amendment when the subject comes up in the House (IV, 4878-4880; VIII,
    2700). A substitute amendment may be offered to a bill reported from
    committee, and then the previous question may be ordered on the
    substitute, on all other amendments, and on the bill to final passage
    (V, 5472). An amendment in the nature of a substitute reported from
    committee is treated like any other amendment (V, 5341), and if the
    House rejects the substitute the original bill without amendment is
    before the House (VIII, 2426).

    Sec. 338. Bills from Committee of the Whole in the
    House.

      Where  a series of bills are reported from Committee of the Whole, the
    House considers them in the order in which they are reported (IV, 4869,
    4870; VIII, 2417). A proposition reported for action has precedence over
    an independent resolution on the same subject offered by a Member from
    the floor (V, 6986), and where a bill and a resolution relating to an
    alleged breach of privilege were reported together the question was put
    first on the bill (V, 6986). A bill read in full and considered in
    Committee of the Whole (IV, 3409, 3410), or presumed to have been so
    read (IV, 4916), is not read in full again in the House when reported
    and acted on. The Chairman of the Committee of the Whole which reports a
    bill does not become entitled to prior recognition for debate in the
    House (II, 1453); but on an adverse report an opponent is recognized to
    offer a motion for disposition of the bill (IV, 4897; VIII, 2430), or
    for debate (VII, 2629). 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 (IV, 4896),
    but when a bill was reported with a recommendation that it lie on the
    table, a question was raised as to whether or not this motion, which
    prevents debate, should be considered as pending (IV, 4897). The House
    considers an amendment reported from the Committee of the Whole to the
    preamble of a Senate joint resolution following disposition of
    amendments to the text and pending third reading (May 25, 1993, pp.
    11036, 11037).

    Sec. 339. Discharge of the Committee of the Whole.

      A  motion
    to discharge the Committee of the Whole from the consideration of a
    matter committed to it is not privileged as against a demand for the
    regular order (IV, 4917). When the committee is discharged from
    consideration of a bill the House, in lieu of the report of the
    chairman, accepts the minutes of the Clerk as evidence of amendments
    agreed to (IV, 4922).
    <>   In other things the rules or proceedings are to be the same
    as in the House. Scob., 39.

      The House provides by rule (clause 12 of rule XVIII) that the rules of
    proceeding in the House shall apply in Committee of the Whole so far as
    they may be applicable.