How Our Laws Are Made

XI. Consideration and Debate

Committee of the Whole House - Second Reading - Amendments and the Germaneness Rule - The Committee "Rises" - House Action - Motion to Recommit - Quorum Calls and Rollcalls - Voting - Electronic Voting - Pairing of Members - System of Lights and Bells - Recess Authority - Live Coverage of Floor Proceedings

Our democratic tradition demands that bills be given consideration by the entire membership usually with adequate opportunity for debate and the proposing of amendments.

Committee of the Whole House

In order to expedite the consideration of bills and resolutions, the rules of the House provide for a parliamentary mechanism, known as the Committee of the Whole, that enables the House to act with a quorum of less than the requisite majority of 218. A quorum in the Committee of the Whole is 100 members. All measures on the Union Calendar -- those involving a tax, making appropriations, authorizing payments out of appropriations already made, or disposing of property -- must be first considered in the Committee of the Whole.

The Committee on Rules reports a rule allowing for immediate consideration of a measure by the Committee of the Whole. After adoption of the rule by the House, the Speaker may declare the House resolved into the Committee of the Whole. When the House resolves into the Committee of the Whole, the Speaker leaves the chair after appointing a Chairman to preside.

The rule referred to in the preceding paragraph also fixes the length of the debate in the Committee of the Whole. This may vary according to the importance and controversial nature of the measure. As provided in the rule, the control of the time is divided equally between the chairman and the ranking minority member of the committee(s) that reported the measure. Members seeking to speak for or against the measure may arrange in advance with the Member in control of the time on their respective side to be allowed a certain amount of time in the debate. Members may also ask the Member speaking at the time to yield to them for a question or a brief statement. A transcript of the proceedings and debate in the House and the Senate is printed daily in the Congressional Record. Frequently, permission is granted a Member by unanimous consent to revise and extend his remarks in the Congressional Record if sufficient time to make a lengthy oral statement is not available during actual debate. These revisions and extensions are printed in a distinctive type and cannot substantively alter the verbatim transcript.

The conduct of the debate is governed principally by the rules of the House that are adopted at the opening of each Congress. Jefferson's Manual, prepared by Thomas Jefferson for his own guidance as President of the Senate from 1797 to 1801, is another recognized authority. The House has a long-standing rule that provides that the provisions of Jefferson's Manual should govern the House in all applicable cases and where they are not inconsistent with the rules of the House. The House also relies on an 11-volume compilation of parliamentary precedents, entitled Hinds' Precedents and Cannon's Precedents of the House of Representatives, dating from the earliest days of Congress to 1935, to guide its action. A later compilation, Deschler-Brown Precedents of the House of Representatives, covers 1936 to date. In addition, a summary of the House precedents prior to 1959 can be found in a single volume entitled Cannon's Procedure in the House of Representatives. Procedure in the U.S. House of Representatives, fourth edition, as supplemented, and House Practice, published in 1996, are recent compilations of the precedents of the House, in summary form, together with other useful related material. Also, various rulings of the Speaker are set out as notes in the current House Rules and Manual. Most parliamentary questions arising during the course of debate are responded to by a ruling based on a precedent of action in a similar situation. The Parliamentarian of the House is present in the House Chamber in order to assist the Speaker or the Chairman in making a correct ruling on parliamentary questions.

Second Reading

During general debate on a bill, an accurate account is kept of the time used on both sides and the Chairman terminates the debate when all the time allowed under the rule has been consumed. After general debate, the second reading of the bill begins. The second reading is a section-by-section reading during which time germane amendments may be offered to a section when it is read. Under some special "modified closed" rules adopted by the House, certain bills are considered as read and open only to prescribed amendments under limited time allocations. Under the normal "open" amendment process, a Member is permitted five minutes to explain the proposed amendment, after which the Member who is first recognized by the Chair is allowed to speak for five minutes in opposition to it. There is no further debate on that amendment, thereby effectively preventing filibuster-like tactics. This is known as the "five-minute rule." However, Members may offer a pro forma amendment -- "to strike out the last word" -- which does not change the language of the amendment but allows the Member five minutes for debate. Each substantive amendment and amendment thereto is put to the Committee of the Whole for adoption unless the House has adopted a special rule "self-executing" the adoption of certain amendments in the Committee of the Whole.

At any time after debate has begun on proposed amendments to a section or paragraph of a bill under the five-minute rule, the Committee of the Whole may by majority vote of the Members present close debate on the section or paragraph. However, if debate is closed on a section or paragraph before there has been debate on any amendment that a Member has 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 the amendment, the Member who caused the amendment to be printed in the Record is given five minutes in which to explain the amendment. Five minutes is also given to speak in opposition to the amendment and no further debate on the amendment is allowed. Amendments placed in the Congressional Record must be signed by the Member offering the amendment, must indicate the full text of the proposed amendment, 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. These amendments appear in the portion of the Record designated for that purpose.

Amendments and the Germaneness Rule

The rules of the House prohibit amendments of a subject matter different from the text under consideration. This rule, commonly known as the germaneness rule, is considered the single most important rule of the House of Representatives because of the obvious need to keep the focus of a body the size of the House on a predictable subject matter. The germaneness rule applies to the proceedings in the House, the Committee of the Whole, and the standing committees. There are hundreds of prior rulings or "precedents" on issues of germaneness available to guide the Chair.

The Committee "Rises"

At the conclusion of the consideration of a bill for amendment, the Committee of the Whole "rises" and reports the bill to the House with the amendments that have been adopted. In rising, the Committee of the Whole reverts back to the House and the Chairman of the Committee is replaced in the chair by the Speaker of the House. The House then acts on the bill and any amendments adopted by the Committee of the Whole.

House Action

Debate on a bill in the House is cut off by moving and ordering "the previous question." All debate is cut off on the bill if this motion is carried by a majority of the Members voting, a quorum being present, or by a special rule ordering the previous question upon the rising of the Committee of the Whole. The Speaker then puts the question: "Shall the bill be engrossed and read a third time?" If this question is decided in the affirmative, the bill is read a third time by title only and voted on for passage.

If the previous question has been ordered by the terms of the rule on a bill reported by the Committee of the Whole, the House immediately votes on whatever amendments have been reported by the Committee in the order in which they appear in the bill unless voted on en bloc. After completion of voting on the amendments, the House immediately votes on the passage of the bill with the amendments it has adopted. However, a motion to recommit, as described in the next section, may be offered and voted on prior to the vote on passage.

The Speaker may postpone a recorded vote on final passage of a bill or resolution or agreement to a conference report for up to two legislative days.

Measures that do not have to be considered in the Committee of the Whole are considered in the House in accordance with the terms of the rule limiting debate on the measure or under the "hour rule." The hour rule limits the amount of time that a Member may occupy in debate on a pending question to 60 minutes. Generally, the opportunity for debate may also be curtailed when the Speaker makes the rare determination that a motion is dilatory.

After passage or rejection of the bill by the House, a pro forma motion to reconsider it is automatically made and laid on the table. The motion to reconsider is tabled to prohibit this motion from being made at a later date because the vote of the House on a proposition is not final and conclusive on the House until there has been an opportunity to reconsider it.

Motion to Recommit

After the previous question has been ordered on the passage of a bill or joint resolution, it is in order to offer one motion to recommit the bill or joint resolution to a committee and the Speaker is required to give preference in recognition for that purpose to a minority party Member who is opposed to the bill or joint resolution. This motion is normally not subject to debate. However, a motion to recommit with instructions offered after the previous question has been ordered is debatable for 10 minutes, except that the majority floor manager may demand that the debate be extended to one hour. Whatever time is allotted for debate is divided equally between the proponents and opponents of the motion. Instructions in the motion to recommit normally take the form of germane amendments proposed by the minority to change the final form of the bill prior to passage.

Quorum Calls and Rollcalls

Article 1, Section 5, of the Constitution provides that a majority of each House constitutes a quorum to do business and authorizes a smaller number than a quorum to compel the attendance of absent Members. In order to fulfill this constitutional responsibility, the rules of the House provide alternative procedures for quorum calls in the House and the Committee of the Whole.

The rules of the House provide special authority for the Speaker to recognize a Member of the Speaker's choice to move a call of the House at any time. This motion for the call of the House is in order notwithstanding the rule that a point of order of no quorum may be made in the House only when the Speaker has put the pending question to a vote and not during periods of debate.

In the absence of a quorum, 15 Members may initiate a call of the House to compel the attendance of absent Members. Such a call of the House must be ordered by a majority vote. A call of the House is then ordered and the call is taken by electronic device or by response to the alphabetical call of the roll of Members. Absent Members have a minimum of 15 minutes from the ordering of the call of the House by electronic device to have their presence recorded. If sufficient excuse is not offered for their absence, they may be sent for by the Sergeant-at-Arms and their attendance secured and retained. The House then determines the conditions on which they may be discharged. Members who voluntarily appear are, unless the House otherwise directs, immediately admitted to the Hall of the House and must report their names to the Clerk to be entered in the Journal as present. Compulsory attendance or arrest of Members has been rare in modern practice.

When a question is put to a vote by the Speaker and a quorum fails to vote on such question, if a quorum is not present and objection is made for that reason, there is a call of the House unless the House adjourns. The call is taken by electronic device and the Sergeant-at-Arms may bring in absent Members. The yeas and nays on the pending question are at the same time considered as ordered and an "automatic" rollcall vote is taken. The Clerk utilizes the electronic system or if inoperative, calls the roll and each Member who is present may vote on the pending question as the Member answers the roll. If those voting on the question and those who are present and decline to vote together make a majority of the House, the Speaker declares that a quorum is constituted, and the pending question is decided according to the will of the majority of those voting.

The rules prohibit points of order of no quorum (1) before or during the daily prayer, (2) during administration of the oath of office to the Speaker or any Member, (3) during the reception of messages from the President or the Senate, and (4) in connection with motions incidental to a call of the House. If the presence of a quorum has been established at least once on any day, further points of no quorum are prohibited (1) during the reading of the Journal, (2) between the time a Committee of the Whole rises and its Chairman reports, and (3) during the period on any legislative day when Members are addressing the House under special orders. The language prohibiting quorum calls "during any period" when Members are speaking under special orders includes the time between addresses delivered during this period as well as the addresses themselves. Furthermore, a quorum call is not in order when no business has intervened since the previous call. For the purposes of this provision, all the situations described above are not to be considered as "business."

The rules of the House also prohibit points of order of no quorum when a motion or proposition is being debated in the House unless the Speaker has put the motion or proposition to a vote.

The rules for quorum calls are different in some respects in the Committee of the Whole. The first time the Committee of the Whole finds itself without a quorum during any day the Chairman is required to order the roll to be called by electronic device, unless the Chairman orders a call of the Committee. However, the Chairman may refuse to entertain a point of order of no quorum during general debate. If on a call, a quorum (100 Members) appears, the Committee continues its business. If a quorum does not appear, the Committee rises and the Chairman reports the names of the absentees to the House. The rules provide for the expeditious conduct of quorum calls in the Committee of the Whole. The Chairman may suspend a quorum call after 100 Members have recorded their presence. Under such a short quorum call, the Committee will not rise and present or absent Members' names will not be published. In that case, a recorded vote, if ordered immediately following the termination of the short quorum call, is a minimum of 15 minutes. In the alternative, the Chair may choose to permit a full 15 minute quorum call, wherein all Members names are recorded as present or absent, to be followed by a five-minute recorded vote on the pending question. Once a quorum of the Committee of the Whole has been established for the day, quorum calls in the Committee are only in order when the Committee is operating under the five-minute rule and the Chairman has put the pending motion or proposition to a vote. The rules prohibit a point of order of no quorum against a vote in which the Committee of the Whole agrees to rise. However, an appropriate point of no quorum would be permitted against a vote defeating a motion to rise.

Voting

There are three methods of voting in the Committee of the Whole that are also employed in the House. These are the voice vote, the division, and the recorded vote. The yea-and-nay vote is an additional method used only in the House, which may be automatic if a Member objects to the vote on the ground that a quorum is not present.

To conduct a voice vote the Chair puts the question: "As many as are in favor (as the question may be) say `Aye.' As many as are opposed, say `No' ." The Chair determines the result on a comparison of the volume of ayes and noes. This is the form in which the vote is ordinarily taken in the first instance.

If it is difficult to determine the result of a voice vote, a division may be demanded by a Member or initiated by the Chair. The Chair then states: "As many as are in favor will rise and stand until counted." After counting those in favor he calls on those opposed to stand and be counted, thereby determining the number in favor of and those opposed to the question.

If any Member requests a recorded vote and that request is supported by at least one-fifth of a quorum of the House, or 25 Members in the Committee of the Whole, the vote is taken by electronic device. After the recorded vote is concluded, the names of those voting and those not voting are entered in the Journal. Members have a minimum of 15 minutes to be counted from the time the recorded vote is ordered. The Speaker may reduce the period for voting to five minutes on subsequent votes in certain situations where there has been no intervening debate or business. The Speaker is not required to vote unless the Speaker's vote would be decisive.

In the House, if the yeas and nays are demanded, the Speaker directs those in favor of taking the vote by that method to stand and be counted. The support of one-fifth of the Members present is necessary for ordering the yeas and nays. When the yeas and nays are ordered or a point of order is made that a quorum is not present, the Speaker states: "As many as are in favor of the proposition will vote "Aye." "As many as are opposed will vote "No." The Clerk activates the electronic system or calls the roll and reports the result to the Speaker, who announces it to the House.

The rules of the House require a three-fifths vote to pass a bill, joint resolution, amendment, or conference report that contains a federal income tax rate increase.

The rules prohibit a Member from (1) casting another Member's vote or recording another Member's presence in the House or the Committee of the Whole or (2) authorizing another individual to cast a vote or record the Member's presence in the House or the Committee of the Whole.

Electronic Voting

Recorded and rollcall votes are usually taken by electronic device, except when the Speaker orders the vote to be recorded by other methods prescribed by the rules of the House, or in the failure of the electronic device to function. In addition, quorum calls are generally taken by electronic device. Essentially the system works as follows: A number of vote stations are attached to selected chairs in the Chamber. Each station is equipped with a vote card slot and four indicators, marked "yea," "nay," "present," and "open" that are lit when a vote is in progress and the system is ready to accept votes. Each Member is provided with a personalized Vote-ID Card. A Member votes by inserting the voting card into any one of the vote stations and depressing the appropriate button to indicate the Member's choice. If a Member is without a Vote-ID Card or wishes to change his vote during the last five minutes of a vote, the Member may be recorded by handing a paper ballot to the Tally Clerk, who then records the vote electronically according to the indicated preference of the Member. The paper ballots are green for "yea," red for "nay," and amber for "present." The voting machine records the votes and reports the result when the vote is completed

Pairing of Members

When a Member anticipates being unavoidably absent at the time a vote is to be taken, the Member may arrange in advance to be recorded as being either in favor of or opposed to the question by being "paired" with a Member who will also be absent and who holds contrary views on the question. A specific pair of this kind shows how the Member would have voted if present. Occasionally, a Member who has arranged in advance to be paired is present at the time of voting. The Member then votes as if not paired, subsequently withdraws that vote, and asks to be marked "present" to protect the other Member. This is known as a "live pair."

Absent Members often sign statements for submission in the Record stating how they would have voted if present on specific votes.

System of Lights and Bells

Due to the diverse nature of daily tasks that they have to perform, it is not practicable for Members to be present in the House or Senate Chamber at every minute that the body is in session. Furthermore, many of the routine matters do not require the personal attendance of all the Members. A legislative call system consisting of electric lights and bells or buzzers located in various parts of the Capitol Building and House and Senate Office Buildings alerts Members to certain occurrences in the House and Senate Chambers.

In the House, the Speaker has ordered that the bells and lights comprising the system be utilized as follows:

Recess Authority

The House may by vote authorize the Speaker to declare a recess under the rules of the House. The Speaker also has the authority to declare the House in recess for a short time when no question is pending before the House.

Live Coverage of Floor Proceedings

The rules of the House provide for unedited radio and television broadcasting and recording of proceedings on the floor of the House. However, the rules prohibit the use of these broadcasts and recordings for any political purpose or in any commercial advertisement. The rules of the Senate also provide for broadcasting and recording of proceedings in the Senate Chamber with similar restrictions.

Previous Section | Next Section

How Our Laws are Made | Educational Stuff Main | Home