[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 669-691]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 669]]
Rule XXIII.
OF COMMITTEES OF THE WHOLE HOUSE.
| Sec. 861a. Selection of Chairman of Committee of the Whole; and his power to preserve order. | 1. (a) In all cases, in forming a Committee of the Whole House, the Speaker shall leave his chair after appointing a Member as Chairman to preside, who shall, in case of disturbance or disorderly conduct in the galleries or lobby, have power to cause the same to be cleared. |
| Sec. 861b. Functions of the Chairman of the Committee of the Whole. | The Sergeant-at-Arms attends the sittings of the Committee of the Whole and, under direction of the Chairman, maintains order (I, 257). His decisions on questions of order may be appealed; and in stating the appeal, the question is put as in the House: ``Shall the decision of the Chair stand as the judgment of the Committee?'' and a majority vote sustains the ruling (Aug. 1, 1989, p. 17159). In rare cases wherein the Chairman has been defied or insulted he has directed the committee to rise, left the chair and, on the chair being taken by the Speaker, has reported the facts to the House (II, 1350, 1651, 1653). While the Committee of the Whole does not control the Congressional Record, the Chairman may direct the exclusion of disorderly words spoken by a Member after he has been called to order (V, 6987), but may not determine the privileges of a Member under general ``leave to print'' (V, 6988). The Chairman decides questions of order arising in the committee independently of the Speaker (V, 6927, 6928), but has declined to consider a question that had arisen in the House just before the committee began to sit (IV, 4725, 4726) or a question that may arise in the House in the future (June 21, 1995, p. ----). He recognizes for debate (V, 5003); but like the Speaker is forbidden to recognize for requests to suspend the rule of admission to the floor (V, 7285). He may direct the committee to rise when the hour previously fixed for adjournment of the House arrives, or when the hour previously fixed by the House for consideration of other business arrives, in which |
| Sec. 862. Speaker's declaration into Committee of the Whole pursuant to special order. | (b) After the House has adopted a special order of business resolution reported by the Committee on Rules providing for the consideration of a measure in the Committee of the Whole House on the state of the Union, the Speaker may at any time within his discretion, when no question is pending before the House, declare the House resolved into the Committee of the Whole House on the state of the Union for the consideration of that measure without intervening motion, unless the resolution in question provides otherwise. |
| Sec. 863. Failure of a quorum in Committee of the Whole. | 2. (a) A quorum of a Committee of the Whole shall consist of one hundred Members. The first time that a Committee of the Whole finds itself without a quorum during any day, the Chairman shall invoke the procedure for the call of the roll under clause 5 of rule XV, unless, in his discretion, he orders a call of the Committee to be taken by the procedure set forth in clause 1 or clause 2(b) of rule XV: Provided, That the Chairman may in his discretion refuse to entertain a point of order that a quorum is not present during general debate only. If on such call, a quorum shall appear, the Committee shall con |
| Sec. 864. Rising and reports of Committee of the Whole. | The presence of a quorum is not necessary for adoption of a motion that the Committee of the Whole rise (IV, 2975, 2976, 4914; clause 6(b) of rule XV; Mar. 5, 1980, pp. 4801-02; Oct. 3, 1985, p. 26096; May 21, 1992, p. ----); but when the committee rises without a quorum, it may not report the bills it has acted on (IV, 2972, 2973), and such bills as have been laid aside to be reported remain in the committee until the next occasion, when the committee rises without question as to a quorum (IV, 4913). A simple motion that the Committee of the Whole rise is privileged (VIII, |
| Sec. 864b. Former provision for de novo vote where Delegates decisive. | When the 103d Congress enabled voting by the Delegates and the Resident Commissioner in the Committee of the Whole, it also added a paragraph (d) to clause 2 of rule XXIII to provide for immediate reconsideration in the House of questions resolved in the Committee of the Whole House on the state of the Union by a margin within which the votes of Delegates and the Resident Commissioner have been decisive (H. Res. 5, Jan. 5, 1993, p. ----). When the 104th Congress repealed the authority for the Delegates and the Resident Commissioner to vote in the Committee of the Whole, it also repealed clause 2(d) (sec. 212(c), H. Res. 6, Jan. 4, 1995, p. ----). |
| Sec. 865. Subjects requiring consideration in Committee of the Whole. | 3. 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, and a point of order under this rule shall be good at any time before the consideration of a bill has commenced. |
| Sec. 866. Construction of the rule, requiring consideration in Committee of the Whole. | To require consideration in Committee of the Whole, a bill must show on its face that it falls within the requirements of the rule (IV, 4811-4817; VIII, 2391), but where the expenditure is a mere matter of speculation (IV, 4818-4821; VIII, 2388), or where the bill might involve a charge, but does not necessarily do so (IV, 4809, 4810), the rule does not apply. In passing upon the question as to whether a proposition involves a charge upon the Treasury, the Speaker is confined to the provisions of the text and may not take into consideration personal knowledge not directly deducible therefrom (VIII, 2386, 2391). Resolutions reported by the Committee on House Administration (now House Oversight) appropriating from the contingent fund of the House are considered in the House (VIII, 2415, 2416). Authorizations of expenditures from the contingent fund, under the later ruling (IV, 4862-4867) do not fall within the specifications of the rule (IV, 4868). A bill providing for an expenditure which is to be borne otherwise than by the Government (IV, 4831; VIII, 2400), or relating to money in the Treasury in trust (IV, 4835, 4836, 4853; VIII, 2413), is not governed by the rule. But where a bill sets in motion a train of circumstances destined ultimately to involve certain expenditures, it must be considered in Committee of the Whole (IV, 4827; VIII, 2399), as must also bills ultimately authorizing officials in certain contingencies to part with property belonging to the United States (VIII, 2399). The requirements of the rule apply to amendments as well as to bills (IV, 4793, 4794; VIII, 2331), and also to any portion of a bill requiring an appropriation, even though it be merely incidental to the bill's main purpose (IV, 4825). Under the later practice general (as well as private and special) bills providing for the adjudication and payment of claims are held to be within the requirements of the rule (IV, 4856-4859). |
| Sec. 867. Subjects not requiring consideration in Committee of the Whole. | The House may consider in Committee of the Whole subjects not specified in the rule (IV, 4822); for example, major amendments to the rules of the House have been considered in Committee of the Whole pursuant to special orders (H. Res. 988, Committee Reform Amendments of 1974, considered in Committee of the Whole pursuant to H. Res. 1395, Sept. 30, 1974, p. 32953; H.R. 17654, Legislative Reorganization Act of 1970, considered in Committee of the Whole pursuant to H. Res. 1093, July 13, 1970, p. 23901). While conference reports were formerly considered in Committee of the Whole, they may not be sent there on the suggestion of the point of order that they contain matter ordinarily requiring consideration therein (V, 6559-6561). When a bill is made a special order (IV, 3216-3224), or when unanimous consent is given for its consideration (IV, 4823; VIII, 2393), the effect is to discharge the Committee of the Whole and bring the bill before the House itself for its consideration (IV, 3216; VII, 788), and in such event the bill is considered ``in the House as in the Committee of the Whole'' (VIII, 2393). When a bill once considered in Committee of the Whole is recommitted, it is not, when again reported, |
| Sec. 868. General practice as to consideration in Committee of the Whole. | Provisions placing liability jointly on the United States and the District of Columbia (IV, 4833), granting an easement on public lands or in streets belonging to the United States (IV, 4840-4842), dedicating public land to be forever used as a public park (IV, 4837, 4838), providing site for statue (VIII, 2405), confirming grants of public lands (IV, 4843) and creating new offices (IV, 4824, 4846), have been held to require consideration in Committee of the Whole. Indian lands have not been considered ``property'' of the Government within the meaning of the rule (IV, 4844, 4845; VIII, 2413). And while a bill removing the rate of postage has been held to be within the rule as ``involving a tax or charge'' (IV, 4861), taxes on bank circulation have not been so considered (IV, 4854, 4855). |
| Sec. 869. Order of business in Committee of the Whole. | 4. In Committees of the Whole House business on their calendars may be taken up in regular order, or in such order as the committee may determine, unless the bill to be considered was determined by the House at the time of going into committee, but bills for raising revenue, general appropriation bills, and bills for the improvement of rivers and harbors shall have precedence. |
| Sec. 871. Motion to close general debate in Committee of the Whole. | The motion to close general debate in Committee of the Whole, successor in the practice to the motion to discharge provided by the rule of 1841, is made in the House pending the motion that the House resolve itself into committee, and not after the House has voted to go into committee (V, 5208); and though not debatable, the previous question is sometimes ordered on it to prevent amendment (V, 5203); and in case the previous question is ordered, the 40 minutes debate under clause 2 of rule XXVII is not allowed (VIII, 2555, 2690). General debate must have already begun in Committee of the Whole before the motion to limit it is in order in the House (V, 5204-5206). The motion may not apply to a series of bills (V, 5209) and the motion in the House to limit debate on a bill in the Committee of the Whole must apply to the whole and not to a part of a bill (V, 5207). A proposition for a division of time may not be made as a part of it (V, 5210, 5211). The motion may not be made in Committee of the Whole (V, 5217; VIII, 2548); but in absence of an order by the House the Committee of the Whole may be unanimous consent determine as to general debate (V, 5232; VIII, 2553). Where the House has fixed the time the committee may not, even by unanimous consent, extend it (V, 5212-5216; VIII, 2321, 2550; Mar. 27, 1984, p. 6599). The general debate must close before amendments may be offered (IV, 4744; V, 5221); and it is closed by the fact that no Member desires to participate further (IV, 4745). Where no member of a committee designated to control |
| Sec. 872. Reading and amendment under the fiveminute rule. | The reading of the bill for amendment is not specifically required by the present form of the rule; but is done under a practice which was originally instituted by the rule of 1789 and has continued, although the rule was eliminated, undoubtedly by inadvertence, in the codification of 1880 (V, 5221). Revenue, general appropriation, lighthouse, and river and harbor bills are generally read by paragraphs; other bills by sections (IV, 4738, 4740); and while the matter is very largely in the discretion of the Chair (VIII, 2341, 2344, 2346), the Committee of the Whole has overruled his decision (VIII, 2347). A bill (or the remainder of a bill) may be considered as having been read and open to amendment by unanimous consent but not by motion (June 18, 1976, p. 19296). A Senate amendment, however, is read in entirety, and not by either paragraphs or sections (V, 6194) and an amendment in the nature of a substitute offered from the floor must also be read in its entirety and is then open to amendment at any point, and a unanimous consent request in Committee of the Whole that it be read by sections for amendment is not in order (Mar. 25, 1975, p. 8490). The Committee of the Whole may not, even by unanimous consent, prohibit the offering of an amendment otherwise in order under the five-minute rule (July 31, 1984, p. 21701; Mar. 7, 1995, p. ----). When a paragraph or section has been passed it is not in order to return thereto (IV, 4742, 4743) except by unanimous consent (IV, 4746, 4747; Deschler's Precedents, vol. 8, ch. 26, sec. 2.26) or when, the reading of the bill being concluded and a motion to rise being decided in the negative, the committee on motion votes to return (IV, 4748). Where a bill is considered as read and open to amendment at any point, adoption of an amendment adding a new section at the end of the bill does not preclude subsquent amendments to previous sections of the bill (Apr. 17, 1986, p. 7861). But the chairman may direct a return to a section whereon, by error, no action was had on a pending amendment (IV, 4750). Points of order against a paragraph should be made before the next paragraph is read (V, 6931; VIII, 2351). The paragraph or section having been read, and an amendment offered, the right to explain or oppose that amendment has precedence of a motion to amend it (IV, 4751). In this debate recognitions are governed by the conditions of the pending question rather than by the general relations of majority and minority (V, 5223). The Member recognized may not yield time (V, 5035-5037; May 8, 1987, p. 11832; Dec. 10, 1987, p. 34686) and must confine himself to the subject (V, 5240-5256; VIII, 2591). Where debate on an amendment is limited or allocated by special order to a pro |
| Sec. 873a. Pro forma amendments under the fiveminute rule. | The pro forma amendment to ``strike out the last word'' has long been used for purposes of debate or explanation where an actual amendment is not contemplated (V, 5778; VIII, 2591); but a pro forma amendment must be voted on unless withdrawn (VIII, 2874). A Member who has occupied five minutes on a pro forma amendment may not lengthen this time by making another pro forma amendment (V, 5222; VIII, 2560), nor may he then extend this time by offering a substantive amendment while other Members are seeking recognition (July 28, 1965, p. 18631). A Member recognized to offer a pro forma amendment under the five-minute rule may not during that time offer a substantive amendment but must be separately recognized for that purpose by the Chair (Nov. 19, 1987, p. 32880). A Member may speak in opposition to a pending amendment and subsequently offer a pro forma amendment and debate that (June 30, 1955, p. 9614); a Member may offer a pro forma amendment to debate a second degree amendment and then offer another pro forma amendment to debate the underlying first degree amendment (June 28, 1995, p. ----); and a Member who has debated a substantive amendment may thereafter rise in opposition to a pro forma amendment thereto (July 20, 1951, p. 8566). A Member who has offered a substantive amendment and then debated it for five minutes may not extend his time by offering a pro forma amendment, as it is not in order for the offeror of an amendment to amend his own amendment except by unanimous consent (Oct. 14, 1987, p. 27898). A pro forma amendment may be offered after a substitute has been adopted and before the vote on the amendment, as amended, by unanimous consent only, since the amendment has been amended in its entirety and no further amendments, including pro forma amendments, are in order (Oct. 18, 1983, p. 28185; June 28, 1995, p. ----). A Member recognized on a pro forma amendment may not allocate or reserve time, though he may in yielding indicate to the Chair when he intends to reclaim his time (May 19, 1987, p. 12811; July 13, 1994, p. ----). The Chair endeavors to alternate recognition to offer pro forma amendments between majority and minority Members (giving priority to committee members) rather than between sides of the question (Mar. 21, 1994, p. ----). |
| Sec. 873b. Motion to dispense with reading. | (b) It shall be in order to move in the Committee of the Whole to dispense with the reading of an amendment if the amendment has been printed in the bill as reported from a committee, or if any Member shall have caused the amendment to be printed in the Congressional Record, and to be submitted to the clerk, or to any responsible staff member designated by the Chairman, of the reporting committee or committees, at least one day prior to floor consideration, and said motion shall be decided without debate. |
| Sec. 873c. Unfunded mandates. | (c) In the consideration of any measure for amendment in the Committee of the Whole containing any Federal mandate the direct costs of which exceed the threshold in section 424(a)(1) of the Unfunded Mandate[s] Reform Act of 1995, it shall always be in order, unless specifically waived by terms of a rule governing consideration of that measure, to move to strike such Federal mandate from the portion of the bill then open to amendment. |
| Sec. 874. Closing the fiveminute debate in Committee of the Whole. | 6. The committee may, by the vote of a majority of the Members present, at any time after the five minutes' debate has begun upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph or, at its election, upon the pending amendments only (which motion shall be decided without debate); but this shall not preclude further amendment, to be decided without debate. However, if debate is closed on any section or paragraph under this clause before there has been debate on any amendment which any Member shall have caused to be printed in the Congressional Record after the reporting of the bill by the committee but at least one day prior to floor consideration of such amendment, the Member who caused such amendment to be printed in the Record shall be given five minutes in which to explain such amendment, after which the first person to obtain the floor shall be given five minutes in opposition to it, and there shall be no further debate thereon; but such time for debate shall not be allowed when the offering of such amendment is dilatory. Material placed in the Record pursuant to this provision shall indicate the full text of the proposed amendment, the name of the proponent Member, the number of the bill to which it will be offered and the point in the bill or amendment thereto where the amendment is intended to be offered, and shall appear in a portion of the Record designated for that purpose. All amendments to a specified measure submit |
| Sec. 875. The motion to strike out the enacting words of a bill. | 7. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend, and, if carried, shall be considered equivalent to its rejection. Whenever a bill is reported from a Committee of the Whole with an adverse recommendation and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee without further action by the House, but before the question of concurrence is submitted it is in order to entertain a motion to refer the bill to any committee, with or without instructions, and when the same is again reported to the House it shall be referred to the Committee of the Whole without debate. |
| Sec. 876a. Practice as to use of the motion to strike out the enacting clause. | The motion may not be made until the first section of the bill has been read (V, 5327; VIII, 2619). Having precedence of a motion to amend, it may be offered while an amendment is pending (V, 5328-5331; VIII, 2622, 2624, 2627). The motion takes precedence over the motion to amend and therefore over the motion to rise and report at the end of the reading of a general appropriation bill for amendment under clause 2(d) of rule XXI (July 24, 1986, p. 17641). The motion also takes precedence over a motion to limit debate on pending amendments (June 28, 1995, p. ----; July 13, 1995). Where a special order provides that a bill shall be open to amendment in Committee of the Whole, a motion to strike out the enacting words is in order (VII, 787); contra (IV, 3215), but after the stage of amendment has been passed the motion to strike out the enacting words is not in order (IV, 4782; VIII, 2368). Where a bill is being considered under a special order which permits only committee amendments and no amendments thereto, a motion that the committee rise and report with the recommendation that the enacting clause be stricken is not in order where no committee amendments are in fact offered (Apr. 16, 1970, p. 12092). |
| Sec. 876b. Reading concurrent resolution on budget for amendment. | 8. At the conclusion of general debate in a Committee of the Whole on any concurrent resolution on the budget pursuant to section 305(a) of the Congressional Budget Act of 1974, the concurrent resolution shall be considered as having been read for amendment. It shall not be in order in the House or in a Committee of the |
| Sec. 877. Application of rules of the House to the Committee of the Whole. | 9. The rules of proceeding in the House shall be observed in Committees of the Whole House so far as they may be applicable. |
| Sec. 877a. Modification of special orders. | Unanimous consent requests may not be entertained in the Committee of the Whole by the Chair if their effect is to materially modify procedures required by a special rule or order adopted by the House. For example, the Chair has refused to entertain unanimous consent requests: (1) to permit a perfecting amendment to be offered to the underlying bill where a special rule permitted its consideration only as a perfecting amendment to a committee amendment (Aug. 2, 1977, p. 26161); (2) to permit a substitute to be read by sections for amendment where the special rule did not so provide (Dec. 12, 1973, p. 41153); (3) to extend the time limitation for consideration of amendments beyond that set by a special order requiring the Chair to put the question on the pending amendments at the expiration of certain hours of consideration (Apr. 10, 1986, p. 7079; Oct. 30, 1991, p. ----); (4) to modify the terms of a special order permitting consideration of certain amendments only en bloc, in order to permit separate consideration of one of the amendments (Sept. 11, 1986, p. 22871); (5) to change the control (Oct. 9, 1986, p. 29984) or duration (Aug. 1, 1989, p. 17143; Mar. 12, 1991, p. ----; Mar. 17, 1993, p. ----) of general debate specified by the House; (6) to reduce below 15 minutes the minimum time for recorded votes in the Committee of the Whole (June 18, 1987, p. 16764), or to postpone certain recorded votes where a special order authorized the Chair to postpone requests for recorded votes on amendments (June 4, 1992, p. ----); (7) to alter the terms of a special rule providing that an amendment not be subject to amendment, by permitting a perfecting amendment thereto or a subsequent amendment changing an amendment already adopted (Nov. 18, 1987, p. 32643; July 26, 1989, p. 16411); (8) to permit consideration of an amendment out of the order specified in a special rule (May 25, 1988, p. 12275; Oct. 31, 1991, p. ----; Nov. 19, 1993, p. ----); (9) to vary the terms of a ``modified closed'' rule to permit consideration of an additional amendment (July 28, 1988, p. 19491); (10) to permit another to offer an amendment vested in a specified Member by the special order (May 1, 1990, p. ----). |