Guide to Legislative Process in the House

XI. CONSIDERATION

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

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

COMMITTEE OF THE WHOLE HOUSE

In order to expedite the consideration of bills and resolutions, the rules of the House provide for a parliamentary usage that enables the House to act with a quorum of less than the requisite majority of 218. The House resolves itself into the Committee of the Whole House on the state of the Union (a quorum of which consists of 100 Members) to consider a measure. All measures on the Union Calendar--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 special resolution or "rule" allowing for immediate consideration of a measure by the Committee of the Whole. After adoption of the resolution 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 special resolution or "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 resolution, the control of the time is divided equally--usually 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 usually 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. Others may 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 the Member's remarks in the Congressional Record if sufficient time to make a lengthy oral statement is not available during actual debate but such revisions and extensions are printed in a distinctive type style 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. Another recognized authority is Jefferson's Manual that was prepared by Thomas Jefferson for his own guidance as President of the Senate from 1797 to 1801. The House, in 1837, adopted a rule that still stands, providing that the provisions of Jefferson's Manual should govern the House in all cases to which they are applicable and in which they are not inconsistent with the rules and orders of the House. In addition, there is a most valuable compilation of precedents up to the year 1935 set out in Hinds' Precedents and Cannon's Precedents of the House of Representatives, consisting of 11 volumes, to guide the action of the House. A later compilation, Deschler-Brown Precedents of the House of Representatives, covers years 1936 to date. Summaries of the House precedents prior to 1959 can be found in a single volume entitled Cannon's Procedure in the House of Representatives. A later volume, Procedure in the U.S. House of Representatives, fourth edition, as supplemented, and House Practice, published in 1996, are compilations of the parliamentary precedents of the House, in summary form, together with other useful related material, from 1959 to date. Also, various rulings of the Speaker since 1931 are set out as notes to the current House Rules and Manual. Most parliamentary questions arising during the course of debate are susceptible of ruling backed up by a precedent of action in a similar situation. The Parliamentarian of the House is present in the House Chamber in order to assist the Chairman or the Speaker in making a correct ruling on parliamentary questions.

SECOND READING

During the general debate an accurate account is kept of the time used on both sides, and when all the time allowed under the rule has been consumed the Chairman terminates the debate. Then begins the "second reading of the bill," section by section, at which time 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 any attempt at filibuster tactics. This is known as the "five-minute rule." There is, how ever, a device whereby a Member may offer a pro forma amendment--"to strike out the last word"--without intending any change in the language, and be allowed five minutes for debate, thus permitting a somewhat more comprehensive debate. Each substantive amendment and amendments 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 a debate is begun under the five-minute rule, on proposed amendments to a section or paragraph of a bill, 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, after which the first person to obtain the floor has five minutes to speak in opposition to it, and there is no further debate on that proposed amendment. However, time for debate is not allowed when the offering of the amendment is dilatory. Material placed in the Congressional Record must 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 must appear in a portion of the Record designated for that purpose.

When an amendment is offered, while the House is meeting in the Committee of the Whole, the Clerk is required to transmit five copies of the amendment to the majority committee table, five copies to the minority committee table, and at least one copy each to the majority and minority cloak rooms.

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 of the House, the Committee of the Whole, and the standing committees. Literally hundreds of prior rulings or "precedents" on issues of germaneness are 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 is cut off by moving and ordering "the previous question." If this motion is carried by a majority of the Members voting, a quorum being present or commonly by a special rule ordering the previous question upon the rising of the Committee of the Whole, all debate is cut off on the bill on which the previous question has been ordered. The Speaker then puts he 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 special resolution or "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 sequence 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 following a vote on a minority motion to recommit as described in the next section.

The Speaker may postpone a vote on final passage of a bill or resolution or agreement to a conference report. A vote may be postponed 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 the first instance under the hour rule or in accordance with the terms of the special resolution limiting debate on the measure.

After passage of the bill by the House, a pro forma motion to reconsider it is automatically made and laid on the table--that is, reconsideration is determined adversely--to forestall this motion 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.

MOTIONS TO RECOMMIT

After the previous question has been ordered on the passage of a bill or joint resolution, it is in order to make 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, with respect to a motion to recommit with instructions after the previous question has been ordered, it is in order to debate the motion for ten minutes before the vote is taken, 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 amendments proposed by the minority to change the final form of the bill prior to passage.

QUORUM CALLS AND ROLLCALLS

In order to speed up and expedite quorum calls and rollcalls, the rules of the House provide alternative methods for pursuing these procedures.

In the absence of a quorum, 15 Members, including the Speaker, if there is one, are authorized to compel the attendance of absent Members. Such a call of the House is ordered by a majority vote, and a minority of 15 or more favoring a call is not sufficient. A call of the House is then ordered, and the Speaker is required to have the call taken by electronic device. However, if the electronic system is inoperative, the Speaker may direct the alphabetical call of the roll. In that case the names of those present are recorded by the clerks, and entered in the Journal of the House and absent Members have not less than 15 minutes from the ordering of the call of the House to have their presence recorded electronically. If sufficient excuse is not offered for their absence, by order of a majority of those present, they may be sent for by officers appointed by the Sergeant-at-Arms for that purpose, 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 they must report their names to the Clerk to be entered on the Journal as present. However, the former practice of presenting Members at the Bar of the House, during a call, is now obsolete, and Members now report to the Clerk and are recorded without being formally excused unless brought in under compulsion.

Whenever a quorum fails to vote on any question, and 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 unless the Speaker orders the call in the manner described in the preceding paragraph, and the Sergeant-at-Arms proceeds to 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 calls the roll and each Member who is present may vote on the pending question as the Member answers the roll. After the rollcall is completed, each Member, whose attendance was secured, is brought before the House by the Sergeant-at-Arms, where the Member's presence is noted. The Member then is given an opportunity to vote. 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. Further proceedings under the call are considered as dispensed with. At any time after the rollcall has been completed, the Speaker may entertain a motion to adjourn, if seconded by a majority of those present as ascertained by actual count by the Speaker; and if the House adjourns, all quorum call proceedings are vacated.

The rules prohibit points 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, (4) in connection with motions incidental to a call of the House, and (5) against a vote in which the Committee of the Whole agrees to rise (but an appropriate point of no quorum would be permitted against a vote defeating a motion to rise). 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 prohibit points of no quorum when a motion or proposition is pending in the House unless the Speaker has put the motion or proposition to a vote. However, the Speaker has the discretion to recognize a Member of the Speaker's choice to move a call of the House.

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. However, the Chairman may refuse to entertain a point of order that a quorum is not present during general debate. If on a call a quorum 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 determining that a bare of minimum quorum has been reached, that is, 100 or more Members. Under such a short quorum call the Committee will not rise, and therefore Members' names will not be published. Once the presence of 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.

VOTING

There are three methods of voting in the Committee of the Whole, that are also employed, together with an additional method, in the House. These are the voice vote (viva voce), the division, the recorded vote, and the yea-and-nay vote that is used only in the House. If a Member objects to the vote on the ground that a quorum is not present in the House, there may be an automatic yea and nay vote.

To conduct a voice vote the Chair states "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 the basis 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 by the Chair. The Chair then states that a division has been demanded and says "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 together with those not voting are entered in the Journal. Members usually have at least 15 minutes to be counted from the time the recorded vote is ordered. The Speaker may reduce the period for voting to five minutes in certain situations.

In addition to the foregoing methods of voting, 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 assent 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 directs that as many as are in favor of the proposition will, as their names are called, answer "Aye"; as many as are opposed will answer "No." The Clerk activates the electronic system or calls the roll and reports the results to the Speaker who announces it to the House. The Speaker is not required to vote unless the Speaker's vote would be decisive.

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, and in emergency situations, such as 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." The "open" indicator is used only when a vote period 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 push button to indicate the Member's choice. The machine records the votes and reports the result when the vote is completed. In the event the Member is without a Vote-ID Card, the Member may still vote by handing a paper ballot to the Tally Clerk, who may then record 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."

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 actually is present at the time of voting. The Member then votes as if not paired, and 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 to the Congressional Record stating how they would have voted if present on specific votes.

SYSTEM OF LIGHTS AND BELLS

Because of the large number and the diversity 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 actually sitting. 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 of the 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:

1 long ring followed by a pause and then 3 rings and 3 lights on the left--Start or continuation of a notice or short quorum call in the Committee of the Whole that will be vacated if and when 100 Members appear on the floor. Bells are repeated every five minutes unless the call is vacated or the call is converted into a regular quorum call.

1 long ring and extinguishing of 3 lights on the left--Short or notice quorum call vacated.

2 rings and 2 lights on the left--Recorded vote, yea-and-nay vote or automatic rollcall vote by electronic device. The bells are repeated five minutes after the first ring.

2 rings and 2 lights on the left followed by a pause and then 2 more rings--Automatic rollcall vote or yea-and-nay vote taken by a call of the roll in the House. The bells are repeated when the clerk reaches the R's in the first call of the roll.

2 rings followed by a pause and then 5 rings--First vote under Suspension of the Rules or on clustered votes. 2 bells are repeated five minutes after the first ring. The first vote will take 15 minutes with successive votes at intervals of not less than five minutes. Each successive vote is signaled by five rings.

3 rings and 3 lights on the left--Regular quorum call in either the House or in the Committee of the Whole by electronic device or by clerks. The bells are repeated five minutes after the first ring.

3 rings followed by a pause and then 3 more rings--Regular quorum call by a call of the roll. The bells are repeated when the Clerk reaches the R's in the first call of the roll.

3 rings followed by a pause and then 5 more rings--Quorum call in the Committee of the Whole that may be followed immediately by a five-minute recorded vote.

4 rings and 4 lights on the left--Adjournment of the House.

5 rings and 5 lights on the left--Any five-minute vote.

6 rings and 6 lights on the left--Recess of the House.

12 rings at 2-second intervals with 6 lights on the left-- Civil Defense Warning.

The 7th light indicates that the House is in session.

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.

BROADCASTING 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. Likewise, the rules of the Senate provide for broadcasting and recording of proceedings in the Senate Chamber with similar restrictions.