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CAPITOL QUESTIONS

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What is meant by the "committee of the whole house" and "the committee will now rise". I hear this all the time on the House floor. Elizabethtown, PA - 5/3/00

The "Committee of the Whole" is a type of legislative guise used by the House since 1789 to expedite its procedures. The chamber and the Members in it remain the same; however the rules change, allowing for a more flexible and often swifter process. To transform itself into the forum known as Committee of the Whole, the House is said to "resolve" into it. To return to the House as the House, the Committee of the Whole "rises."

The transformation into Committee is signaled by the Speaker or the Speaker pro tempore leaving the Chair, while a Chairman or Chairwoman is appointed to take over the gavel. The Members on the floor must now address the presiding officer as "Mr. Chairman" rather than "Mr. Speaker." At the moment the House resolves into the Committee of the Whole, the Sgt.-at-Arms removes the mace (the ebony and silver rod with an eagle on top), which symbolizes his authority in the House, from the top tier to a lower tier of the rostrum. This signals the House has now "descended" into the Committee of the Whole.

The tradition of a committee of the whole comes from English parliamentary practice: members of Parliament viewed their Speakers with some distrust, suspecting they were spies for the Crown. The practice of meeting in committee became a charade to conceal their debate on sensitive tax matters from the Speaker. Colonial legislatures used the procedural device of a committee of the whole to allow for freer and more flexible debate. Early Congresses used a committee of the whole to consider legislation both before and after it was examined by a select or standing committee with jurisdiction over that particular subject matter. In modern practice, the House of Representatives uses the Committee of the Whole only after its committee system has completed consideration of a measure and reported it to the House floor for final action.

The major procedural changes triggered by the change from House to Committee are:

The standard rule of debate on amendments and other matters shifts from the "one-hour" rule in the House to the "five-minute" rule in Committee. Rather than 30 minutes per side on matters brought up in the House, the Committee of the Whole allows a minimum of 5 minutes per side -- on amendments. If Members desire more time on any specific amendment, there are flexible procedures available in Committee of the Whole to extend it. General debate on the overall bill can be for any length of time agreed upon in advance by motion, special order, or unanimous consent.

It is easier to get a record vote in Committee of the Whole than in the House. There is only one way to get a recorded vote in Committee. It requires 25 Members to make up a sufficient second to order it. In the House, there are three methods to get a record vote: one requires 44 for a sufficient second, while another requires 1/5th of those present on the floor to second. The final method provides for a record vote automatically if no quorum is present.

A quorum is easier to achieve in Committee. If enforced (and usually it is not), a quorum requirement is met with 100 Members, while in the House it requires a majority of the Members -- 218. The lower threshold means that quorum calls may end more quickly in the Committee in the Whole.

The House resolves into the Committee of the Whole for purposes of considering a specific bill, not on an open-ended basis. House rules mandate that all bills which directly or indirectly involve public funds are to be debated and amended in the Committee of the Whole. This includes all appropriation, authorization, and tax bills. Other legislation can also be considered in the Committee of the Whole, if the House adopts a special order or gives its unanimous consent to such a request.

The Committee of the Whole does not have authority to pass legislation, only to debate and amend it. Only the parent chamber -- the full House -- can pass measures. To get to a vote on final passage, the Committee must "rise and report" its work to the House. The majority party Member serving as Chairman leaves the rostrum and the Speaker, or his designated substitute, returns. The mace is returned to its more visible perch on the top tier of the rostrum.

Next, the House must give its consent to all the amendments adopted in the Committee. On rare occasions, this can result in an amendment which won in the Committee of the Whole, being overturned in the House. Then, the minority may, if it wishes, offer a motion to recommit -- to return the bill to its originating committee. Once that motion is disposed of, the House then turns to the question of final passage.