Committee of the Whole: Stages of Action on Measures
Richard S. Beth, Specialist in Legislative Process
Government Division
June 12, 1998
Generally, the House gives initial floor consideration to the most important
legislation in Committee of the Whole, a parliamentary device that is
technically a committee of the House to which all Members belong. House
Rule XXIII prescribes procedures to be followed in Committee of the
Whole. Often, these procedures may be modified by the terms of a special
rule for considering a specific measure. Clause 3 of Rule XXIII requires
that revenue, appropriation, and authorization measures be considered
initially in Committee of the Whole. Other measures also are sometimes
considered in Committee of the Whole pursuant to special rules. Because
the Committee of the Whole is technically a committee, it can only
recommend amendments, and must report measures back for final action
under the rules of the House proper. Proceedings on measures considered
in Committee of the Whole involve the following eight stages.
1. House Resolves into Committee of the Whole
The House has two ways of taking up a measure in Committee of the
Whole. (1) Usually, a special rule provides that the Speaker may declare
the House resolved into Committee of the Whole to consider the measure
specified (clause 1(b), Rule XXIII). (2) For certain privileged measures,
such as general appropriation bills, the majority floor manager may move
that the House resolve into Committee of the Whole to consider the
measure. In either case, the Speaker then leaves the chair, and appoints
another Member to serve as chair of the Committee of the Whole (clause
1(a)). The chair is usually a member of the majority party who does not
serve on a committee with jurisdiction over the measure.
2. General Debate
A special rule normally specifies a time limit forgeneral debate, often one
hour, equally divided and controlled by majority and minority floor
managers. Otherwise, the majority manager secures similar arrangements
by unanimous consent before the House resolves into committee by motion.
Each manager yields specific amounts of time to Members, usually in his or
her own party, whom the chair then recognizes for debate. General debate
ends when this time is consumed or the managers yield it back.
3. Measure Read or Considered for Amendment
After general debate, the measure is normally considered for amendment
by section (by paragraph, for appropriation bills). A special rule normally
provides that each section, when reached, be considered as read. By
special rule, or by unanimous consent in Committee of the Whole, the
measure may instead be considered for amendment by title, or may be
considered as read and open to amendment at any point. Each amendment
must be offered while the part of the measure it would amend is pending
for amendment.
4. Amendments Debated Under the Five-Minute Rule
When an amendment is offered, its sponsor is entitled to open the debate.
A Member (often the majority manager) may then be recognized in
opposition. Others may speak by offering a pro forma amendment to
"strike the last word" (or the "requisite number of words"). Each speaker is
entitled to recognition for five minutes (which may be extended by
unanimous consent). Time for debate on an amendment or section may be
limited by a motion (or unanimous consent agreement) to close debate.
Even after debate is closed, any amendment printed in advance in the
Record may be debated for five minutes on each side (Rule XXIII, clauses
5, 6).
5. Committee of the Whole Rises and Reports
After all portions of a measure have been considered for amendment, the
special rule commonly provides that the Committee of the Whole
automatically rise and report the measure (with any adopted amendments)
back to the House. Otherwise, the committee adopts a motion for this
purpose offered by the majority manager. The Speaker then returns to the
chair, and the chair of the Committee of the Whole reports the measure
and amendments recommended by Committee of the Whole.
6. House Votes on Committee-Approved Amendments
When a measure is reported from Committee of the Whole, the offering of
further amendments is routinely precluded by ordering the previous
question, either automatically by the terms of the special rule, or by
unanimous consent. The chair then normally puts the amendments
recommended by Committee of the Whole to a voice vote en gros. Any
Member, however, may obtain a separate vote on any of these
amendments. By this means, an amendment adopted in Committee of the
Whole may be rejected in the House. Amendments defeated in Committee
of the Whole may not be voted on again in this way, because they are not
reported back to the House.
7. Opportunity for Recommittal Motion
Next, the House routinely orders the measure engrossed (that is, printed as
amended) and read a final time (by title). The minority then has preference,
usually exercised by the minority manager or floor leader, to move to
recommit the measure. House Rule XI, clause 4(b), prohibits any special
rule that would eliminate this opportunity. A motion to recommit with
instructions to report forthwith with specified amendments is debatable for
10 minutes or, upon demand of the majority floor manager, for one hour. In
the rare case when the House adopts this motion, the committee chairman
immediately reports the measure back to the House, and the House votes
on the amendments specified in the instructions.
8. House Votes on Final Passage
As on other matters, the Speaker initially puts the question on final passage
to a voice vote, but a record vote may take place if requested from the
floor. After the vote, the chair routinely states that a motion to reconsider is
tabled without objection. This action forecloses any later attempt to get the
House to reverse its decision.