Friday, May 20, 2011
Debate, Motions, and Other Actions in the Committee of the Whole
Bill Heniff Jr.
Analyst on Congress and the Legislative Process
Elizabeth Rybicki
Specialist on Congress and the Legislative Process
The House of Representatives resolves into the Committee of the Whole, a parliamentary device designed to allow greater participation by Members in debate, to consider most major measures. Various rules and procedures govern how and when Members can engage in debate, offer amendments, make motions and requests, and take other actions in the Committee of the Whole. In addition, measures considered in the Committee of the Whole typically are subject to conditions governing debate and amendments that are specified by a special rule or a unanimous consent agreement.
Time during general debate is controlled by the chair and ranking member of the committee that reported the measure under consideration. These Members, called floor managers, determine who may speak, for how long, and in what order. Time during the amendment process is sometimes controlled in a similar way under the terms of a special rule. Alternatively, the amending process might proceed under the “five-minute rule,” whereby the proponent and an opponent of an amendment are recognized by the chair of the Committee of the Whole for five minutes each. Additional Members may offer “pro forma amendments” solely for the purpose of gaining recognition to speak for five minutes. In some circumstances, Members might make motions to close or limit five-minute debate.
If a Member believes a pending matter violates a House rule, he or she may make a point of order against it; a Member may also reserve a point of order to be made later against an amendment. A ruling by the chair as to whether a matter violates a House rule may be appealed. A Member might also make a parliamentary inquiry to ask a question about a procedural situation.
Some actions can be taken in the Committee of the Whole by unanimous consent; however, a Member cannot ask unanimous consent to take actions in Committee of the Whole that are properly performed by the House or that substantially modify conditions established by a special order agreed to by the House.
The Committee of the Whole resolves back into the House proper by “rising.” Members might make a motion simply to rise, when the Committee of the Whole has not concluded consideration of a measure, or to rise and report, when consideration has concluded. Special rules usually include language that makes a motion to rise and report unnecessary. Members occasionally make the motion to rise and report with the recommendation to strike the enacting clause.
A quorum for conducting business in the Committee of the Whole is 100 Members, but a quorum is presumed to be present unless it is otherwise demonstrated through a process that begins when a Member makes a point of order on the floor. Three kinds of votes can take place in the Committee of the Whole: voice, division, and recorded.
Date of Report: May 11, 2011
Number of Pages: 22
Order Number: RL32200
Price: $29.95
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