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


[Page 3243-3251]
 
                               CHAPTER 19
 
                       The Committee of the Whole


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    Commentary and editing by Thomas J. Nicola, J.D.
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A. In General

    Sec. 1. Jurisdiction; House as in Committee of the Whole 
            Distinguished
    Sec. 2. Motions and Requests Generally
    Sec. 3. Remarks in the Congressional Record
    Sec. 4. Resolving Into Committee of the Whole

B. The Chairman

    Sec. 5. Speaker's Appointment of Chairman
    Sec. 6. Chairman's Role; Jurisdiction
    Sec. 7. --Limitations on the Chairman's Jurisdiction
    Sec. 8. --Rulings Relating to Amendments
    Sec. 9. --Appeals of Rulings

C. Motion to Recommend Striking Enacting Clause

   Sec. 10. Generally
   Sec. 11. When in Order
   Sec. 12. Procedures; Qualification to Offer or Oppose
   Sec. 13. Debate
   Sec. 14. Renewal of Motion

D. Consideration and Debate

   Sec. 15. Generally
   Sec. 16. Time Limitations
   Sec. 17. Calling Members to Order
   Sec. 18. Reading Papers

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E. Points of Order

   Sec. 19. Generally
   Sec. 20. Timeliness

F. Rising of the Committee of the Whole

   Sec. 21. Generally
   Sec. 22. Motions to Rise
   Sec. 23. --When in Order
   Sec. 24. --Offering the Motion
   Sec. 25. --Proceedings Subsequent to Action on Motion
   Sec. 26. Resumption of Business After Committee Resumes Sitting

  





                          INDEX TO PRECEDENTS
                                     

Adjourn, motion to, Sec. 2.4
Amend, precedence of motion to, over motion to rise with 
    recommendation, Sec. Sec. 2.3, 23.14
Amendments considered in the Committee
    adoption of amendment in nature of substitute, effect of, on motion 
        to strike enacting clause, Sec. Sec. 11.6, 11.7
    ambiguity of amendment ruled on by Chairman, Sec. 8.5
    authority of Chairman to allocate debate time on amendments, 
        Sec. 8.11
    consistency of amendments ruled on by Chairman, Sec. Sec. 8.6-8.8
    constitutionality of proposed amendment ruled on by Chairman, 
        Sec. 8.10
    interpretation of, Sec. 8.4
    propriety of considering amendment identical to previously passed 
        bill, Sec. 8.9
Appeals from rulings of the Chairman
    debate on appeal, Sec. 9.6
    issue on appeal, Sec. 9.3
    power to overrule decision on appeal, Sec. 9.5
    propriety of appeal, Sec. Sec. 9.1, 9.2
    rulings as to support for teller vote, Sec. 9.4
    table, appeal as subject to motion to, Sec. 9.8
    teller vote, effect of refusal of, ruling on, Sec. 9.4
    timeliness of points of order, as to, Sec. 20.9
    vacating chair to put appeal, Sec. 9.7
Automatic call of House on motion to resolve into Committee, Sec. 4.9
Bills, motion to dispense with first reading of, Sec. 2.11
Calendar Wednesday, proceedings after rising of Committee on, Sec. 25.5
Calling Members to order for objectionable words in debate
    automatic resolution into Committee after Speaker's ruling, 
        Sec. 17.5

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    expungement of words, Sec. 17.3
    rise of Committee to report objectionable words, Sec. 17.2
    scope of ruling by Speaker, Sec. 17.4
    seating of Member, Sec. 17.1
    withdrawal of demand for, Sec. 17.6
    withdrawal of objectionable words after Speaker's ruling, Sec. 17.7
Chairman, appeals of rulings by
    debate on appeal, Sec. 9.6
    issue to be voted on, Sec. 9.3
    power to overrule decision on appeal, Sec. 9.5
    propriety of appeal, Sec. Sec. 9.1, 9.2
    table, appeal as subject to motion to, Sec. 9.8
    teller vote, effect of refusal of, ruling on, Sec. 9.4
    vacating chair to put appeal, Sec. 9.7
Chairman, limits on jurisdiction of
    committee reports, sufficiency or legal effect of, Sec. Sec. 7.16, 
        7.17
    constitutional questions, Sec. Sec. 7.1-7.3
    executive session, sitting in, Sec. 7.18
    existing law, consistency of proposal with, Sec. 7.5
    House action, anticipating, Sec. Sec. 7.9-7.11
    hypothetical questions, Sec. Sec. 7.6-7.8
    merits of proposed legislation, Sec. 7.4
    Senate procedure, interpretation of, Sec. 7.19
    time limitation, rescinding, Sec. 7.12
    unfinished business, time to resume, Sec. Sec. 7.14, 7.15
    vote required in House, ruling as to, as prerogative of Speaker, 
        Sec. 7.13
Chairman of the Committee of the Whole
    generally, Sec. 5.1
    appeal of Chair's ruling, debate on, Sec. 15.13
    appreciation expressed to Chairman, Sec. 6.5
    Chairman pro tempore, Sec. 5.2
    constitutional questions, ruling on, Sec. Sec. 7.1-7.3
    debate, interruption by Chair of, Sec. 6.4
    debate on appeal of Chair's ruling, Sec. 15.13
    enacting clauses, time to offer motions relating to, 
        Sec. Sec. 11.1-11.3
    existing law, consistency of proposal with, Sec. 7.5
    House action, anticipating, Sec. Sec. 7.9-7.11
    interpretations of Senate procedure by, Sec. 7.19
    ``Madam Chairman,'' use of the term, Sec. 5.3
    point of order, ruling on points not in issue, Sec. 6.1
    recognition by, to oppose motion, Sec. Sec. 12.12-12.14
    rescinding time limitation, Sec. 7.12
    rulings to follow precedents, Sec. 6.2
    sitting in executive session, Sec. 7.18
Chairman pro tempore of the Committee, Sec. 5.2
Chairman, rulings on
    ambiguity of amendment, Sec. 8.5
    application or effect of proposed amendment, Sec. Sec. 8.1-8.3
    consistency of amendments, Sec. Sec. 8.6-8.8
    constitutionality of proposed amendment, Sec. 8.10
    debate time on amendments, authority to allocate, Sec. 8.11
    earlier rulings, clarification of, Sec. 6.3
    hypothetical questions, Sec. Sec. 7.6-7.8
    interpretation of amendment by, Sec. 8.4
    legal effect of committee reports, Sec. 7.16
    merits of proposed legislation, Sec. 7.4
    points of order not in issue, Sec. 6.1

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    precedence, rulings to follow, Sec. 6.2
    propriety of considering amendment identical to adopted bill, 
        Sec. 8.9
    sufficiency of committee reports, Sec. 7.17
Close debate, timeliness of motion in Committee to, Sec. 15.12
Committee reports
    Chair's rulings on legal effect of, Sec. 7.16
    Chair's rulings on sufficiency of, Sec. 7.17
Congressional Record
    expungement of objectionable words in, Sec. 3.2
    extension and revision of remarks in, Sec. 3.1
Constitutional question, Chair's rulings on, Sec. Sec. 7.1-7.3
Constitutionality of proposed amendment, rulings by Chairman on, 
    Sec. 8.10
Debate and consideration in
    appeal of Chair's ruling, debate on, Sec. 15.13
    calling Members to order, generally, Sec. 17
    Chairman's authority to allocate debate time on amendment, 
        Sec. 8.11
    Chair's ruling, debate on appeal of, Sec. 15.13
    close debate, timeliness of motion to, Sec. 15.12
    enacting clauses, duration of debate on motion to strike, 
        Sec. Sec. 11.12, 13.1-13.3
    enacting clause, yielding time during debate on motion to strike, 
        Sec. 10.13
    exhibits, use in debate of, Sec. 15.16
    floor manager, yielding in debate by, Sec. 15.4
    hour rule, extension of time under, Sec. 15.7
    Member recognized for pro forma amendment. yielding by. Sec. 15.6
    Member recognized to debate, yielding by, Sec. 15.5
    motion to limit debate, effect of pendency of, Sec. Sec. 11.10, 
        11.11
    motion to rise offered during time for debate, Sec. 23.11
    offering motion to secure debate time, Sec. Sec. 12.8-12.10
    point of order, debate on, Sec. 15.3
    pro forma amendments during pendency of motion to rise and 
        recommend striking enacting clause, Sec. 13.10
    pro forma amendment, yielding by Member recognized for, Sec. 15.6
    rising of Committee, debate continuing after interruption for, 
        Sec. 26.1
    scope on motions relating to enacting clauses, Sec. Sec. 13.7-13.9
    Speaker, debate by, Sec. Sec. 15.14, 15.15
    speaking more than once in general debate, Sec. 15.8
    speaking more than once on amendment, Sec. Sec. 15.9, 15.10
    time, computation of limitation on, Sec. Sec. 16.1-16.4
    time, dividing debate, Sec. Sec. 16.5, 16.6
    time, effect of expiration of, Sec. Sec. 16.7-16.9
    time limitations on duration of debate, effect of, on motions 
        relating to enacting clauses, Sec. Sec. 13.4-13.6
    timeliness of motion to close debate, Sec. 15.12
    unfinished business, consideration of, Sec. Sec. 16.1, 15.2
    yielded time, offering motion to rise during, Sec. 24.2
    yielding by Member recognized for pro forma amendment, Sec. 15.6
    yielding by Member recognized to debate, Sec. 15.5
    yielding in debate by floor manager, Sec. 15.4

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Discharge, resolving into Committee after motion to, Sec. 4.7
Division vote in Committee, offering motion to rise during, Sec. 23.11
Enacting clause, effect of House rejection of Committee recommendation 
    to strike, Sec. 10.9
Enacting clause, motion to recommend striking
    adoption of amendment, in nature of substitute, effect of, 
        Sec. Sec. 11.6, 11.7
    amendment of bill, renewal of motion after, Sec. Sec. 14.4, 14.6
    amendment, renewal of motion after rejection of, Sec. 14.5
    Chairman's vote on, Sec. 10.8
    closed rule, effect on qualification of, Sec. 12.6
    committee chairman as proponent, qualification of, Sec. 12.7
    debate, duration of, Sec. Sec. 11.12, 13.1-13.3
    debate, effect of pendency of motion to limit, Sec. Sec. 11.10, 
        11.11
    debate on, as affected by time limitations on debate on amendments, 
        Sec. Sec. 13.4-13.6
    debate, pro forma amendments during pendency of motion to rise and 
        recommend striking enacting clause, Sec. 13.10
    debate, scope of, Sec. Sec. 13.7-13.9
    debate time, offering motion to secure, Sec. Sec. 12.8-12.10
    debate, yielding time during, Sec. 10.13
    divisibility of motion, Sec. 10.5
    form of motion, Sec. Sec. 10.1-10.3
    House action on Committee recommendation to strike, Sec. 10.6
    motion to rise and recommend passage, after defeat of, Sec. 11.9
    motion to rise, strike the enacting clause, and recommit bill to 
        committee, Sec. Sec. 10.10-10.12
    previous question, after ordering of, Sec. 11.8
    privileged nature of motion, Sec. 10.4
    pro forma amendments offered during pendency of motion to rise and 
        recommend striking, Sec. 13.10
    qualification, effect of closed rule on, Sec. 12.6
    qualification of committee chairman as proponent, Sec. 12.7
    qualification of Speaker as opponent, Sec. 12.15
    qualification, presumptions as to proponent's, Sec. Sec. 12.4, 12.5
    qualification to offer motion, generally, Sec. Sec. 12.1-12.3
    qualification to oppose motion, Sec. 12.11
    recognition by Chair of committee member as opponent, Sec. 12.13
    recognition by Chair of member of opposition party, Sec. 12.14
    recognition by Chair of opponent, Sec. 12.12
    recommit, precedence of motion to, Sec. 11.14
    rejection of Committee recommendation to strike, effect of, 
        Sec. 10.9
    renewal of motion, generally, Sec. Sec. 14.1-14.3
    renewal of motion after amendment, Sec. 14.4
    renewal of motion after amendment of bill, Sec. Sec. 14.4, 14.6
    renewal of motion after rejection of amendment, Sec. 14.5
    renewal of motion, effect of withdrawal of prior motion on, 
        Sec. 14.7
    renewal of motion on another legislative day, Sec. 14.8
    resolution of disapproval, resolving clauses in, Sec. 10.7

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    resolutions, general applicability of motion to, Sec. 10.7
    rising of Committee of the Whole, precedence of motion for, 
        Sec. 11.13
    rule permitting only committee amendments, motion offered under, 
        Sec. Sec. 11.4, 11.5
    Senate bill, striking enacting clause of, Sec. 10.14
    Speaker as opponent, Sec. 12.15
    strike, resumption of consideration in Committee of the Whole after 
        House refusal to, Sec. 26.2
    withdrawal of motion, Sec. 10.15
    withdrawal of motion, effect of recognizing objection to, 
        Sec. 12.16
    withdrawal of prior motion, effect on renewal of motion of, 
        Sec. 14.7
Executive session, decision to sit in, by Chairman of the Committee, 
    Sec. 7.18
Floor manager, yielding in Committee in debate by, Sec. 15.4
Hour rule, extension of time under, Sec. 15.7
House as in Committee of the Whole, consideration of measures in, 
    Sec. Sec. 1.4, 1.5
Hypothetical questions, Chairman of the Committee ruling on, 
    Sec. Sec. 7.6-7.8
Mace, significance of, Sec. 1.1
``Madam Chairman,'' use of term, Sec. 5.3
Motions and requests in Committee
     generally, Sec. 2
    adjourn, motion to, Sec. 2.4
    close debate, timeliness of motion to, Sec. 15.12
    division vote, motion to rise offered during, Sec. 2.12
    previous question, motion for, Sec. 2.6
    reading, motion to dispense with, Sec. 2.11
    reconsider, motion to, Sec. 2.5
    return to section of bill for amendment, motion to, Sec. 2.10
    rise and recommend, motion to, Sec. 2.2
    table, motion to, Sec. Sec. 2.7, 2.8
    unanimous-consent request, Sec. 2.9
Objectionable words, expungement from Congressional Record of, Sec. 3.2
Papers or letters, reading of
    putting question to Committee of the Whole, Sec. Sec. 18.1, 18.2
    time to read, Sec. 18.3
Parliamentary situations, Speaker's anticipation of, Sec. 1.2
Personal privilege, Members rising in Committee to questions of, 
    Sec. 1.3
Points of order in the Committee
    debate on, Sec. 15.3
    disposing of, before consideration of amendments, Sec. Sec. 19.6, 
        19.7
    failure to raise point of order, effect of, Sec. 20.12
    legislation on appropriation bill, Sec. Sec. 20.11, 20.12
    motion to rise offered pending decision on, Sec. Sec. 23.7, 23.8
    Ramseyer rule, based on violation of, Sec. Sec. 19.3, 19.4
    reserving point of order of legislation on appropriation bill, 
        timeliness of, Sec. 20.11
    rising of Committee pending decision on, Sec. 19.5
    scope of debate on, Sec. 19.2
    scope of ruling on, Sec. 19.1
Points of order in the Committee, timeliness of
    appeal of Chair's ruling on, Sec. 20.9
    appropriation bill, against, Sec. 20.10
    appropriation bill, reserving point of order based on legislation 
        in, Sec. 20.11

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    conference, as to measure committed to, Sec. 20.17
    debate, effect of commencement of, Sec. Sec. 20.6, 20.7
    debate, effect of failure to obtain recognition to, Sec. 20.8
    funds, as to diversion of appropriated, Sec. 20.13
    germaneness, as to, Sec. 20.14
    legislation on appropriation bill, reserving point of order 
        against, Sec. 20.11
    printing of bill and hearings, lack of, Sec. 20.4
    quorum in standing committees, based on lack of, Sec. 20.5
    Ramseyer rule, based on, Sec. Sec. 20.1-20.3
    reading, as to effect of agreement to dispense with, Sec. 20.15
    report on striking language from Senate bill, as to, Sec. 20.16
    reserving point of order of legislation on appropriation bill, 
        Sec. 20.11
Previous question, motion for, Sec. 2.6
Previous question, motion to strike enacting clause offered after 
    ordering of, Sec. 11.8
Pro forma amendment, time limitation on debate on, Sec. 15.11
Pro forma amendment, yielding in Committee by Member recognized for, 
    Sec. 15.6
Pro forma amendments during pendency of motion to rise and recommend 
    striking enacting clause, Sec. 13.10
Questions of personal privilege, rising to, Sec. 1.3
Quorum in the Committee
    motion to rise, quorum requirement, Sec. 22.7
    motion to rise offered pending quorum count, Sec. 23.5
Quorum, resolving back into Committee after reporting of, Sec. 25.4
Ramseyer rule, point of order in the Committee based on
    generally, Sec. Sec. 19.3, 19.4
    timeliness of, Sec. Sec. 20.1-20.3
Reading, motion to dispense with, Sec. 2.11
Reconsider, motion to, Sec. 2.5
Requirement that motions be written, Sec. 2.1
Resolution of disapproval, motions relating to resolving clauses in, 
    Sec. 10.7
Resolution of disapproval, resolving into Committee to consider, 
    Sec. Sec. 4.5, 4.6
Resolution, resolving into Committee pursuant to, Sec. 4.1
Resolving into Committee
    automatic call of House on motion to, Sec. 4.9
    consideration, motion to resolve as related to question of, 
        Sec. 4.10
    discharge, after motion to, Sec. 4.7
    motion to resolve as related to question of consideration, 
        Sec. 4.10
    motion to resolve, automatic call of House on, Sec. 4.9
    motions to resolve, recognition for, provided for by resolution, 
        Sec. 4.2
    motions to resolve, Speaker's discretion in recognizing for, 
        Sec. 4.3
    refusal to resolve, effect of, Sec. 4.4
    resolution, resolving pursuant to, Sec. 4.1
    resolutions of disapproval, resolving to consider, Sec. Sec. 4.5, 
        4.6
    withdrawing motion to resolve, Sec. Sec. 4.11, 4.12
    words taken down, resolving after ruling on, Sec. 4.8
Rise and recommend, motion to, Sec. 2.2
Rise, precedence of motion to amend over motion to, Sec. 2.3

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Rising of Committee
    amendments, effect of motion to rise on, Sec. 21.4
    automatic rise pursuant to agreement, Sec. 21.3
    ceremonial occasions, Sec. Sec. 21.6, 21.7
    formal and informal rise, Sec. Sec. 21.1, 21.2
    objectionable words, rise of Committee to report, Sec. Sec. 17.2, 
        21.5
Rising of Committee, motion for
    debatability of, Sec. 22.4
    division on amendment after rejection of motion, Sec. 25.3
    enacting clause, precedence over motion to strike, Sec. 23.13
    floor manager, control by, Sec. 22.5
    form of motion, Sec. 22.1
    motion to rise and resume on day certain, Sec. 22.2
    precedence of motion to amend over, Sec. 23.14
    privileged nature of, Sec. Sec. 23.1-23.4
    quorum requirement as affecting, Sec. 22.7
    requirement that motion be written, Sec. 22.3
    time to rise, establishing, Sec. 22.6
    voting on the motion, Sec. 22.8
    withdrawal of motion, Sec. 22.9
Rising of Committee, offering of motion for
    before commencement of teller vote, Sec. 23.9
    during consideration of bill under special rule, Sec. 23.12
    during offering of amendments, Sec. 24.1
    during time for debate, Sec. 23.10
    during yielded time, Sec. 24.2
    quorum, pending count of, Sec. 23.5
    point of order, pending decision on, Sec. Sec. 23.7, 23.8
    privileged nature of, Sec. Sec. 23.1-23.4
    while another Member has floor, Sec. 23.6
Rising of Committee, proceedings after action on motion for
    Calendar Wednesday, on, Sec. 25.5
    quorum, point of order based on lack of, Sec. 25.2
    reporting to House, Sec. 25.1
    resolving back into Committee after reporting a quorum, Sec. 25.4
    vacating vote to rise, Sec. 2a.6
Rising of Committee, proceedings after resolving back into Committee
    continuation of debate interrupted by rise, Sec. 26.1
    resumption of consideration of bill after House refusal to strike 
        enacting clause, Sec. 26.2
    teller vote, resumption of proceedings on, Sec. Sec. 26.3-26.5
Senate bill, Committee of the Whole recommendation to strike enacting 
    clause of, Sec. 10.14
Senate procedure, interpretation by Chairman of the Committee of the 
    Whole of, Sec. 7.19
Speaker
    anticipation of parliamentary situation by, Sec. 1.2
    motion to resolve, Speaker's discretion in recognizing for, 
        Sec. 4.3
Special rule, offering motion to rise during consideration of bill in 
    Committee under, Sec. 23.12
Strike enacting clause, Committee of the Whole recommendation to
    debate on, Sec. 13
    divisibility of, Sec. 10.5
    form of motion, Sec. Sec. 10.1-10.3
    privileged nature of, Sec. 10.4
    procedure for, Sec. 12

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    qualification to offer or oppose, Sec. 12
    renewal of motion, Sec. 14
    when in order, Sec. 11
Table, motion to
    appeal from ruling of Chairman as subject to, Sec. 9.8
    availability of motion in Committee, Sec. Sec. 2.7, 2.8
Teller vote in the Committee
    motion to rise offered before a count begins, Sec. 23.10
    refusal of tellers, effect of, Sec. 9.4
    resumption after rising of the Committee of the Whole, 
        Sec. Sec. 26.3-26.5
Time, power of House to rescind limitations on, Sec. 7.12
Unanimous-consent requests, availability in Committee of, Sec. 2.9
Union Calendar legislation, consideration by House as in Committee of 
    the Whole of, Sec. 1.5
Vacating chair to put appeal from ruling by Chairman of the Committee 
    of the Whole, Sec. 9.7
Vacating vote for rising of Committee, Sec. 25.6
Vote, division, motions offered during, Sec. 2.12
Withdrawal of motion, effect of recognizing of objection to, Sec. 12.16
Withdrawing motion to resolve into Committee, Sec. Sec. 4.11. 4.12
Words taken down
    expungement from Congressional Record of objectionable words, 
        Sec. 3.2
    resolving into Committee after ruling on, Sec. 4.8
Written, requirement that motions be, Sec. 2.1

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