[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Reconsideration]
[From the U.S. Government Printing Office, www.gpo.gov]
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RECONSIDERATION
Sec. 1. Generally; Use of Motion
Sec. 2. Pro Forma Motions
Sec. 3. Effect of Motion
Sec. 4. Who May Offer Motion
Sec. 5. When Motion is in Order
Sec. 6. Use in Standing Committees
Sec. 7. Forms
Sec. 8. When to Call Up Motion
Sec. 9. Precedence and Privilege of Motion
Sec. 10. Quorum Requirements
Sec. 11. Debate and Voting; Withdrawal
Sec. 12. Application to Particular Propositions
Sec. 13. -- Other Motions and Requests
Sec. 14. -- Bills and Resolutions; Amendments
Sec. 15. -- Amendments Between the Houses; Conference Reports
Sec. 16. -- Measures Sent to the Senate or the President
Research References
5 Hinds Secs. 5605-5705
8 Cannon Secs. 2774-2795
7 Deschler Ch 23 Secs. 33-41
Manual Secs. 812-820
Sec. 1 . Generally; Use of Motion
In General
By long tradition, the vote of the House on a proposition is not
final and conclusive until there has been an opportunity to reconsider
it. A proposition is not regarded as passed until a motion to
reconsider it is disposed of or precluded. The motion to reconsider is
thus the procedural device which permits the House, under Rule XVIII,
to review its action on a given proposal. Its purpose is to allow the
House to reflect on the wisdom of its action on the proposition.
Deschler Ch 23 Sec. 33.
Historical Background
Although not mentioned in the first rules of the House, adopted in
1789, the motion to reconsider was at that time well known in
parliamentary
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practice. 5 Hinds Sec. 5605. The motion was used in the Continental
Congress and in the House from its first organization. It was made the
subject of a rule of the House in 1802. Manual Sec. 812. In 1811, the
rule of 1802 was modified by limiting the time during which the motion
might be made to ``the same or succeeding day'' as the vote to be
reconsidered. 12-1, Dec. 23, 1811, H. Rept. No. 38. The rule was
further revised in 1880, but has existed in the rules since then with
only minor changes. 5 Hinds Sec. 5605. It is today found in Rule XVIII
clause 1. Manual Sec. 812.
Use in Committee of the Whole
The motion to reconsider is in order in the House and in the House
as in Committee of the Whole (8 Cannon Sec. 2793; Deschler Ch 23
Sec. 33), but not in the Committee of the Whole (4 Hinds Secs. 4716-
4718; 8 Cannon Secs. 2324, 2325; Deschler Ch 23 Sec. 39.10; 97-1, Oct.
5, 1981, p 23154). Indeed, a request to reconsider a vote is not in
order in the Committee even by unanimous consent. Deschler Ch 23
Sec. 39.12. However, on one occasion, in lieu of a motion to
reconsider, the Chairman allowed a unanimous-consent request to vacate
the proceedings whereby an amendment had been adopted. Deschler Ch 23
Sec. 39.13.
Entering and Calling Up Distinguished
A distinction should be made at the outset between entering the
motion and making or calling up the motion. Entering the motion and
consideration of the motion are separate propositions. 8 Cannon
Sec. 2785. One Member may enter the motion and another Member may call
up the motion. Sec. 4, infra. The motion must be made or entered
within the two-day period allowed by the rule, but, once entered,
remains pending indefinitely. Secs. 5, 8, infra.
Sec. 2 . Pro Forma Motions Distinguished
The motion to reconsider is sometimes used in a strictly pro forma
manner. When so used, the motion is followed by a motion or unanimous-
consent request to table the motion to reconsider. Deschler Ch 23
Sec. 33. The effect of this procedural device is to preclude
subsequent motions to reconsider (Deschler Ch 23 Sec. 34.5), and is
the accepted parliamentary mode of making the vote in question final
(Deschler Ch 23 Sec. 34). Thereafter, the proposition may be taken up
again only by unanimous consent or suspension of the rules. 5 Hinds
Sec. 5640. See also Deschler Ch 23 Sec. 38.5.
Under this pro forma procedure, which has been in common usage in
the House since 1846 (5 Hinds Sec. 5637), one Member may move to
reconsider and another Member may immediately move to table that
motion. Deschler Ch 23 Sec. 34. In practice, the motion to table
immediately follows
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the motion to reconsider or is made simultaneously therewith. 8 Cannon
Sec. 2784. The Speaker himself often performs this perfunctory role,
as when he declares, after the announcement of a vote, ``without
objection, a motion to reconsider is laid on the table.'' Deschler Ch
23 Sec. 34.
The pro forma use of the motion is generally proposed by Members
who agree with the decision reflected in the vote that is the subject
of the motion. A Member who is opposed to the vote must object to the
pro forma motion in a timely manner and is well advised to notify the
Speaker in advance of his intention to seek genuine reconsideration.
Deschler Ch 23 Sec. 34.
The pro forma use of the motion is permitted while the previous
question is operating. 8 Cannon Sec. 2784.
Sec. 3 . Effect of Motion
Effect When Motion is Made
After the House has voted on a proposition and a motion to
reconsider it is made, the effect is to suspend the proposition. 5
Hinds Sec. 5704; Deschler Ch 23 Sec. 33; Manual Sec. 816. The motion
is thereafter considered as pending, and if not acted on, will remain
pending, even to succeeding sessions of the same Congress. 5 Hinds
Sec. 5684. But when a Congress expires without the House having acted
on the motion, the motion fails, and the original proposition stands
or falls according to the original vote. 5 Hinds Sec. 5604 (footnote).
A motion to reconsider a bill having been made, the Speaker will
normally decline to sign it until the motion is disposed of. 5 Hinds
Sec. 5705. But where a bill has been signed by the Speaker and the
Vice President and has received the approval of the President it
cannot be impeached on the ground that a motion to reconsider it is
still pending. 5 Hinds Sec. 5705.
Effect of Agreement to Motion
When a motion to reconsider is agreed to, the question immediately
recurs on the proposition to be reconsidered. 5 Hinds Sec. 5703;
Deschler Ch 23 Sec. 33. Thus, when the House agrees to a motion to
reconsider a vote on an amendment, the amendment is again pending and
the Chair may put it to a vote de novo. 5 Hinds Sec. 5704. Likewise,
when the House agrees to reconsider a vote ordering the yeas and nays,
the question immediately recurs on ordering the yeas and nays. 5 Hinds
Secs. 5689-5691. However, if the proposition originally voted on was a
motion for the previous question, that motion may be withdrawn after
the House has voted to reconsider it, on the theory that the action of
the House has effectively ``nullified'' the vote on the previous
question. 5 Hinds Sec. 5357.
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As Precluding Repetition of Motion
When a motion to reconsider has been made and acted upon, a second
motion to reconsider is not ordinarily in order. Deschler Ch 23
Sec. 39.16. Otherwise, it is reasoned, motions to reconsider could be
made interminably. 5 Hinds Sec. 5689. Thus, a vote ordering the
previous question may be reconsidered only once. 5 Hinds Sec. 5655;
Manual Sec. 815. And one motion to reconsider the yeas and nays having
been acted on, another motion to reconsider is not in order. 5 Hinds
Sec. 6037. Similarly, the motion to reconsider a vote on a proposition
having been once agreed to, and that vote having again been taken, a
second motion to reconsider may not be made unless the nature of the
proposition has been changed by amendment. 5 Hinds Secs. 5685-5688; 8
Cannon Sec. 2788. The general rule that precludes the repetition of
the motion is applied even where the House rejects the first motion by
laying it on the table. 5 Hinds Secs. 5632 et seq.; Deschler Ch 23
Sec. 39.15. But the tabling of a motion to reconsider the vote whereby
the House has amended a Senate amendment does not preclude the House
from acting on a subsequent Senate amendment to that House amendment,
or considering any other proper motion to dispose of an amendment
which might remain in disagreement after further Senate action. 98-1,
Oct. 5, 1983, p 27323.
Sec. 4 . Who May Offer Motion
The rule authorizing the motion to reconsider requires the Member
making the motion to be a ``member of the majority,'' but permits the
motion to be called up by ``any Member.'' Rule XVIII clause 1. Manual
Sec. 812. Under this rule, the entering of the motion and the
consideration of the motion are regarded as separate propositions. 8
Cannon Sec. 2785. Although the rule permits one Member who qualifies
to enter or to make the motion and another Member to call up the
motion, under the modern practice the motion is rarely ``entered'' but
is considered pending when made. The mover and the maker are one and
the same and thus must qualify as being on the prevailing side of the
issue to be reconsidered. Deschler Ch 23 Sec. 35.5. The proponent of
the proposition voted on is entitled to prior recognition to move for
its reconsideration. 2 Hinds Sec. 1454.
The requirement of the rule that the one making the motion must be
a ``member of the majority'' (Manual Sec. 812) is construed to mean a
Member who voted on the prevailing side of the question (103-1, Mar.
24, 1993, p ____); those voting with the losing side are considered
not qualified. 92-1, Dec. 9, 1971, p 45475; 95-2, Apr. 20, 1978, p
10990; 96-1, Sept. 20, 1979, pp 25512, 25513. A similar rule is
followed with respect to pro forma motions to reconsider. Any Member
may object to the Chair's statement that
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``without objection'' a motion to reconsider a vote just taken be laid
on the table, and need not have voted on the prevailing side to make
such an objection; but if objection is made, the Chair's statement is
of no effect, and only a Member who voted on the prevailing side on a
record vote may offer the motion to reconsider the vote. 99-2, Aug.
15, 1986, p 22139.
Likewise ineligible to move the reconsideration of a vote are
Members who were absent at the time of the vote (5 Hinds Sec. 5615) or
who failed to vote (8 Cannon Sec. 2774) or who were paired on the vote
with another Member (5 Hinds Sec. 5614).
The provision of the rule that the motion be made ``by any member
of the majority'' is construed, in the case of a tie vote, to mean any
Member of the prevailing side--that is, a Member voting in the
negative (a tie vote resulting in the defeat of the proposition). 5
Hinds Sec. 5616; Deschler Ch 23 Sec. 35.2. There is authority to the
contrary, however. 5 Hinds Sec. 5615. ``Majority'' has also been
construed to mean the prevailing side, though a minority, whose votes
defeated a proposition that required a two-thirds vote for approval. 5
Hinds Secs. 5617, 5618. However, when a vote is not recorded, any
Member, regardless of how he voted, may enter the motion. Deschler Ch
23 Sec. 33; 102-2, Sept. 23, 1992, p ____. See also 8 Cannon
Sec. 2775. Any point of order relating to the eligibility of the
Member to offer the motion should be raised before the ordering of the
vote on the motion. Deschler Ch 23 Sec. 35.4.
Sec. 5 . When Motion is in Order
During the Continental Congress, there was no time limit on when
the motion to reconsider could be made, and the Congress often
reconsidered matters passed on a preceding day or even several days or
months before. 5 Hinds Sec. 5605. Today, the rule authorizing the
reconsideration of a vote provides that the motion is in order ``on
the same or succeeding day'' as that vote, and that ``thereafter'' any
Member may call it up. Rule XVIII clause 1. This means that the motion
to reconsider may be made or entered at any time during the day on
which the vote sought to be reconsidered is taken (5 Hinds Sec. 5674)
or on the next legislative day after the question to be reconsidered
was voted on (96-1, Sept. 20, 1979, pp 25512, 25513). The entry of the
motion during the two days prescribed by the rule is in order even
after the previous question is ordered or when a question of the
highest privilege is pending. 5 Hinds Sec. 5673; 8 Cannon Sec. 2785.
And once the motion has been entered within the two-day period, it
remains pending indefinitely. See Sec. 8, infra.
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In accordance with the general rule that the motion to reconsider
is in order at any time during the two days prescribed by the rule,
the motion has been held in order:
After a demand for the previous question on a related matter
(5 Hinds Sec. 5656) or while the previous question is operating
(5 Hinds Secs. 5657-5672).
Pending a motion to go into the Committee of the Whole (8
Cannon Sec. 2785).
In time set apart for other business if the matter sought to
be reconsidered is entertained during such time by unanimous
consent (5 Hinds Sec. 5683).
After the bill to be reconsidered has gone to the Senate (5
Hinds Secs. 5666, 5667).
After the Senate has been informed of agreement by the House
to a Senate amendment (5 Hinds Sec. 5672).
After the bill has gone to the President (5 Hinds Sec. 5668).
The motion to reconsider is not in order:
In Committee of the Whole (Sec. 1, supra).
When dilatory and manifestly for the purpose of delay (5 Hinds
Secs. 5731-5733, 5735, 5739; 8 Cannon Secs. 2797, 2815, 2822).
When a special order prohibits ``intervening motions'' (4
Hinds Sec. 3203).
While another Member has the floor (8 Cannon Sec. 2785).
While the House is dividing on a motion (8 Cannon Sec. 2791).
Sec. 6 . Use in Standing Committees
The motion to reconsider is in order in the procedure of standing
committees, and in the absence of a committee rule governing the
motion, the committee will be governed by the analagous House rule. 8
Cannon Sec. 2213. Thus the motion to reconsider may be entered in a
committee on the same day as the vote to be reconsidered, or on the
next day thereafter, provided the committee convenes with a quorum
present at a properly scheduled meeting at which business of that
class is in order. 8 Cannon Sec. 2793; Deschler Ch 23 Sec. 33; Manual
Sec. 814. Sometimes the motion must be applied to a series of
propositions to achieve a desired result. In a committee,
reconsideration of an amendment may require that the motion to report
be first reconsidered, then the ordering of the previous question,
before a motion can be made to reconsider the amendment.
A motion to reconsider is sometimes used in a committee when it
has obtained a quorum, to report out from that committee bills
approved earlier in the day in the absence of a quorum. Deschler Ch 23
Sec. 39.1. Any point of order against the use in a committee of such a
motion to report out mul-
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tiple bills originally adopted in the absence of a quorum should be
made in the committee and not in the House. Deschler Ch 23 Sec. 39.2.
Sec. 7 . Forms
Set out below are the forms for entering the motion to reconsider,
for subsequently calling it up and bringing it to a vote, and for
offering the so-called pro forma motion.
Entering the Motion; Calling Up
Member: I desire to enter a motion to reconsider the vote by which
the bill H.R. ____ [or motion, conference report, or other
proposition] passed the House [or was agreed to, sent to conference,
rejected, or other action].
Speaker: The gentleman enters a motion to reconsider the vote on
the bill H.R. ____, which will be considered as pending.
Note: Although the motion must be made or entered within the two-
day period prescribed by the rule, it may be called up on any
subsequent day unless another question is pending before the House.
Sec. 8, infra.
Member: I call up the pending motion to reconsider the vote on the
bill H.R. ____.
Note: Where a question has been divided for the vote, a separate
motion to reconsider is necessary for each vote, and should be first
made as to the first portion of the divided proposition. 5 Hinds
Sec. 5609.
Making the Motion
Member: I move to reconsider the vote by which the bill H.R. ____
was adopted [or rejected].
Speaker: The gentleman moves to reconsider the vote on H.R. ____.
As many as are in favor of the motion say ``aye.''
Note: The vote on a motion to reconsider may be taken by various
methods, including a voice vote or a roll call vote. 96-1, Sept. 20,
1979, p 22512.
The Pro Forma Motion--By a Member
Member: I move to reconsider the vote by which the bill H.R. ____
passed the House, and ask unanimous consent that the motion be laid
on the table.
Speaker: The gentleman moves to reconsider the vote by which the
bill H.R. ____ passed the House, and asks to lay that motion on the
table. Without objection it is so ordered.
Pro Forma Motion--By the Speaker
Speaker: Without objection, the motion to reconsider is laid on
the table.
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Note: Any Member may object to the Chair's statement that
``without objection'' a motion to reconsider a vote just taken be laid
on the table; if objection is made, the Chair's statement is then of
no effect, and a qualified Member may call for the reconsideration of
the vote. 99-2, Aug. 15, 1986, p 22139; 103-1, Feb. 17, 1993, p ____.
Sec. 8 . When to Call Up Motion
While a motion to reconsider must be made or entered within the
two-day period prescribed by the applicable rule (Sec. 5, supra), no
time limit is imposed as to when the motion may be called up for
consideration and debate. In theory, it may be called up at pleasure.
8 Cannon Sec. 2787. When once entered, the motion remains pending
indefinitely, even into a succeeding session of the same Congress. 5
Hinds Sec. 5684.
While the motion to reconsider may be entered at any time during
the prescribed period, even when a question of the highest privilege
is pending (Sec. 5, supra), it may not be considered while another
question is pending before the House (5 Hinds Sec. 5673; 8 Cannon
Sec. 2785). And when a motion to reconsider relates to a bill
belonging to a particular class of business, the consideration of the
motion is in order only when that class of business is again in order.
5 Hinds Sec. 5677; 8 Cannon Secs. 2785, 2786. A motion to reconsider
the vote on a bill on the Private Calendar, for example, may be
entered on any day on which recognition is had for that purpose, but
the motion may be taken up for consideration only on a Private
Calendar day. 8 Cannon Sec. 2786.
Sec. 9 . Precedence and Privilege of Motion
By House rule, the motion to reconsider takes precedence of all
other questions except the consideration of a conference report or a
motion to adjourn. Rule XVIII clause 1. Manual Sec. 812. Accordingly,
when the motion to reconsider is in order and no other question is
pending (Sec. 5, supra) the motion is highly privileged for
consideration (8 Cannon Sec. 2787; 103-1, Mar. 24, 1993, p ____). The
high privilege given the motion by the rule gives it precedence, with
certain exceptions, over any motion relative to the subject to which
the motion to reconsider refers. 5 Hinds Sec. 5673. The precedence
given the motion by the rule permits it to be made even after the
previous question has been moved (5 Hinds Sec. 5656) or while it is
operating (5 Hinds Secs. 5657-5662; 8 Cannon Sec. 2784). It also takes
precedence of a motion to go into the Committee of the Whole. 8 Cannon
Sec. 2785. A motion to reconsider a secondary motion (such as a motion
to postpone) which has been previously offered is ordinarily also
highly privileged, and may even
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be entertained by the Chair after the manager of the pending
proposition has yielded time to another Member and before that Member
has begun his remarks. 96-2, May 29, 1980, p 12663.
Although generally of high privilege, the motion to reconsider
yields or is subject to:
The question of consideration (8 Cannon Sec. 2437).
The consideration of conference reports (Manual Sec. 812).
The motion to lay on the table (8 Cannon Sec. 2652; Deschler
Ch 23 Sec. 38.1) unless the Chair has put the question on the
motion to reconsider (96-1, Sept. 20, 1979, p 25512; Manual
Sec. 818).
A motion to adjourn (Manual Sec. 812).
Sec. 10 . Quorum Requirements
In general, the motion to reconsider cannot be agreed to in the
House in the absence of a quorum when the vote to be reconsidered
required a quorum. 5 Hinds Sec. 5606. A quorum is not necessary on a
motion to reconsider the vote whereby the yeas and nays were ordered,
since the yeas and nays may be ordered by one-fifth of the Members
present. 5 Hinds Sec. 5693. And on votes incident to a call of the
House, the motion to reconsider may be entertained, although a quorum
may not be present. 5 Hinds Secs. 5607, 5608.
Sec. 11 . Debate and Voting; Withdrawal
Debate
The motion to reconsider is debatable for one hour, under the
control of the Member making the motion (89-1, Sept. 13, 1965, p
23068), if the proposition proposed to be reconsidered was debatable.
5 Hinds Sec. 5696; 8 Cannon Sec. 2792; Deschler Ch 23 Sec. 41.1. If
the proposition proposed to be reconsidered was not debatable, then
the motion calling for reconsideration is itself not debatable. 5
Hinds Secs. 5694, 5698; Deschler Ch 23 Sec. 33. Thus, the motion to
reconsider a vote ordering the previous question is not debatable.
101-2, Sept. 25, 1990, p ____.
The view has been taken that a motion to reconsider a vote may be
debatable even if the previous question was operating at the time of
such vote, on the theory that the vote of the House ``exhausted the
previous question so as to open up the motion to debate.'' 5 Hinds
Secs. 5694, 5700. But the greater weight of authority holds that if
the proposition to be reconsidered was voted on under the operation of
the previous question, the motion to reconsider is not debatable, a
primary function of the previous question being to terminate debate. 5
Hinds Secs. 5656, 5701; Deschler Ch 23 Sec. 38.7;
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Manual Sec. 819; 96-1, Sept. 20, 1979, p 25512. And if the motion is
agreed to, and if that proposition is again taken up, it is voted on
without debate (96-2, May 29, 1980, pp 12663-66) unless the ordering
of the previous question is itself reconsidered.
Voting
A simple majority vote is sufficient to adopt a motion to
reconsider, even when the vote reconsidered requires two-thirds for
affirmative action. 5 Hinds Secs. 5617, 5618; 8 Cannon Sec. 2795;
Manual Sec. 817. A majority vote is also required to reconsider a vote
ordering the yeas and nays, although one-fifth is sufficient to order
the yeas and nays. 5 Hinds Secs. 5689-5692; 8 Cannon Sec. 2790. And if
the House votes to reconsider, the yeas and nays may again be ordered
by one-fifth. 5 Hinds Sec. 5689.
Withdrawal of Motion
The motion to reconsider having been made within the time
specified by the rules--that is, on the same or succeeding day as the
vote on the proposition to be reconsidered--it may not be withdrawn
without the consent of the House thereafter. Rule XVIII clause 1.
Manual Sec. 812.
Sec. 12 . Application to Particular Propositions
Generally
The rule authorizing reconsideration applies whenever ``a motion
has been made and carried or lost. . . .'' Rule XVIII clause 1. Manual
Sec. 812. The term ``motion'' in this rule has been construed so as to
permit reconsideration of a wide variety of propositions, including
bills and resolutions and amendments thereto (Sec. 14, infra), various
motions and requests (Sec. 13, infra), and amendments pending between
the two Houses and conference reports thereon (Sec. 15, infra). The
motion is applicable whether the passage of the proposition required a
simple majority or a two-thirds vote. 8 Cannon Sec. 2778.
House Orders
The motion to reconsider applies to the vote on a House order,
although the execution of that order has begun. 3 Hinds Sec. 2028; 5
Hinds Sec. 5665. The motion may be applied to a vote ordering the yeas
and nays (5 Hinds Sec. 6029; 8 Cannon Sec. 2790) or to a vote refusing
the yeas and nays (5 Hinds Sec. 5692) or to the vote by which the
House refuses to order a third reading of a bill (5 Hinds Sec. 5656; 8
Cannon Sec. 2777). The motion to reconsider may also be used to reopen
the proceedings whereby the House has voted to expunge certain matter
from the Congressional Record. Deschler Ch 23 Sec. 39.7.
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The motion may not be applied to the vote by which the House has
decided a question of parliamentary procedure submitted by the Speaker
for the decision of the House. 8 Cannon Sec. 2776; Deschler Ch 23
Sec. 33; Manual Sec. 815. But the motion may be applied to a vote
laying an appeal on the table. 5 Hinds Sec. 5630. Compare 5 Hinds
Sec. 5631.
Referrals
By House rule, measures referred to a committee may not be brought
back into the House on a motion to reconsider. Rule XVIII clause 2.
Manual Sec. 820. This rule, which was adopted in its present form in
1880, was intended to prevent a Member from bringing back into the
House, on a motion to reconsider, any matter which he had obtained
unanimous consent to introduce or submit for reference. 5 Hinds
Sec. 5647. The rule was intended to apply to the initial formal
reference to a committee, and not where the measure has been reported
back from committee for House consideration. 5 Hinds Sec. 5649. Thus,
while the motion may not be applied to a House vote on a simple
referral to a committee (8 Cannon Sec. 2782), it is in order to
reconsider the vote whereby the House has recommitted a measure to a
committee (Deschler Ch 23 Sec. 39.6). However, it is too late to
reconsider such a vote after the committee report has been made. 5
Hinds Sec. 5651.
Sec. 13 . -- Other Motions and Requests
Generally
The motion to reconsider is applied to permit the House to review
its vote on certain motions, including:
An affirmative vote on a motion for the previous question (5
Hinds Sec. 5655), unless the previous question has been
partially executed, as by a vote on certain amendments (5 Hinds
Secs. 5653, 5654; Deschler Ch 23 Sec. 33).
A vote on the motion to lay on the table, whether decided in
the affirmative (5 Hinds Secs. 5628, 5695, 6288; 8 Cannon
Sec. 2785) or in the negative (5 Hinds Sec. 5629). See also
Deschler Ch 23 Sec. 38.1.
An affirmative vote on a motion to go into the Committee of
the Whole. 5 Hinds Sec. 5638; Deschler Ch 23 Sec. 33; 95-2,
Apr. 20, 1978, p 10990.
An affirmative vote on the question of consideration. 103-2,
Oct. 4, 1994, p ____.
An agreement by the House to a unanimous-consent request. 8
Cannon Sec. 2794; Deschler Ch 23 Sec. 33.
[[Page 780]]
When Not Applicable
The motion to reconsider may not be applied to votes rejecting
certain motions, such as:
A vote rejecting a motion to go into the Committee of the
Whole. 5 Hinds Sec. 5641.
A vote rejecting the question of consideration. 5 Hinds
Secs. 5626, 5627; Deschler Ch 23 Sec. 39.14.
A vote rejecting the motion to suspend the rules. 5 Hinds
Sec. 5645; 8 Cannon Sec. 2781; Deschler Ch 23 Sec. 33.
A vote rejecting a motion to recess. 5 Hinds Sec. 5625.
A vote rejecting a motion to adjourn. 5 Hinds Secs. 5620-5622.
A vote rejecting a motion to adjourn to a day certain. 5 Hinds
Sec. 5624. But see 5 Hinds Sec. 5623.
Certain motions or questions are not subject to the motion to
reconsider because of the adoption of ``expedited procedures''
prescribed by statute and intended to bring a legislative matter to a
final conclusion without all the procedural protections normally
accorded. See Manual Sec. 1013, for examples of such laws. The
Congressional Budget Act, Sec. 305(a), precludes the motion to
reconsider the vote by which a concurrent resolution on the budget is
agreed to or disagreed to. The vote on adoption of a conference report
on such a resolution is also protected from the motion to reconsider.
Sec. 14 . -- Bills and Resolutions; Amendments
The motion to reconsider may be applied to the vote by which a
bill was passed in the House (5 Hinds Sec. 5666), including a private
bill (4 Hinds Secs. 3468, 3469), to a vote on the engrossment of the
bill (5 Hinds Sec. 5663), or to a vote refusing to order a third
reading of the bill (8 Cannon Sec. 2777). The motion is also applied
to permit reconsideration of a vote on a simple resolution (5 Hinds
Sec. 5609), such as a special-order resolution from the Committee on
Rules (101-2, Sept. 25, 1990, p ____), or on a joint resolution (96-1,
Sept. 20, 1979, p 25512).
The motion to reconsider may be applied to permit reconsideration
of a vote on an amendment, but if the motion is not made until after
the passage of the amended bill, such reconsideration can be secured
only by a motion to reconsider the vote on the passage of the bill. 8
Cannon Sec. 2789. Similarly, to entertain a motion to reconsider a
vote on an amendment to an amendment, it is first necessary to vote to
reconsider the vote by which the original amendment, as amended, was
disposed of. Deschler Ch 23 Sec. 33.
[[Page 781]]
Sec. 15 . -- Amendments Between the Houses; Conference Reports
A motion to reconsider may be applied to a vote on a Senate
amendment to a House bill. And the fact that the House has informed
the Senate that it has voted to agree to such an amendment does not
prevent a motion to reconsider that vote. 5 Hinds Sec. 5672. But such
a motion must be timely made. After a conference has been agreed to
and the managers for the House appointed, it is too late to move to
reconsider the vote whereby the House acted on an amendment in
disagreement. 5 Hinds Sec. 5664.
The motion to reconsider may be applied to a vote on a conference
report (Deschler Ch 23 Sec. 39.4) or to a vote recommitting a
conference report (Deschler Ch 23 Sec. 39.5). And after disposition of
a conference report and amendments reported therefrom in disagreement,
it is in order to move to reconsider the vote on a motion disposing of
one of the amendments. 98-1, Oct. 5, 1983, p 27323.
Although the tabling of a motion to reconsider ordinarily prevents
the House from reconsideration of the vote in question (Sec. 2,
supra), the laying on the table of a motion to reconsider the vote
whereby the House has amended a Senate amendment does not preclude the
House from acting on a subsequent Senate amendment to that House
amendment, or considering any other proper motion to dispose of an
amendment which might remain in disagreement after further Senate
action. Manual Sec. 815.
Sec. 16 . -- Measures Sent to the Senate or the President
The motion to reconsider may be applied to a measure which has
been sent to the Senate (5 Hinds Secs. 5666, 5667), and if that motion
is agreed to, a motion to recall the measure is privileged (5 Hinds
Sec. 5669). Reconsideration of the vote on the measure is permitted
even if the measure has passed both Houses (4 Hinds Secs. 3466-3469),
and even if the measure has been sent to the President (5 Hinds
Sec. 5668). It would appear, however, that once the bill has been sent
to the President and signed by him, it could not be called into
question pursuant to a pending motion to reconsider the measure. 5
Hinds Sec. 5704. And if the President returns the bill to the House
with his objections, and the House votes on the passage of the bill
notwithstanding the objections of the President, that vote is not
subject to the motion to reconsider because the U.S. Constitution
(art. I section 7) expressly provides for the manner in which such
bills are to be reconsidered. 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.