[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 48. Refer and Recommit]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 48 - REFER AND RECOMMIT
HOUSE PRACTICE
A. Generally; Motions
Sec. 1. In General
Sec. 2. Form and Effect of Motion
Sec. 3. Referral to Particular Committees
Sec. 4. Motions in Committee of the Whole
B. The Simple Motion to Refer
Sec. 5. In General
Sec. 6. Precedence; Relation to Other Motions
Sec. 7. Debate on Motion
C. Referral Pending Motion to Strike Enacting Clause
Sec. 8. In General
D. Referral Pending or After Ordering the Previous
Question
Sec. 9. In General; When in Order
Sec. 10. Application of Motion
Sec. 11. Who May Offer Motion; Recognition
Sec. 12. Debate on Motion
E. Recommittal Pending Final Passage
Sec. 13. In General
Sec. 14. Who May Offer Motion; Recognition
Sec. 15. Debate on Motion
Sec. 16. Effect of Special Rules
F. Motions With Instructions
Sec. 17. In General
Sec. 18. Instructions to Report ``Forthwith''
Sec. 19. Dividing the Question on Instructions
Sec. 20. Instructions Subject to a Point of Order
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Research References
5 Hinds Sec. Sec. 5521-5604
8 Cannon Sec. Sec. 2695-2773
Deschler Ch 23 Sec. 25
Manual Sec. Sec. 420, 427, 448-451, 494, 916, 917, 1001-1002c
A. Generally; Motions
Sec. 1 . In General
When a bill is introduced, it is referred to one or more
committees by direction of the Speaker. See Introduction and Reference
of Bills. When a bill is reported by a committee, it is referred to
the appropriate calendar by direction of the Speaker. See Calendars.
Motions for the referral, committal, or recommittal of a matter to
a committee are permitted at certain narrowly circumscribed stages of
the legislative process. These motions are:
The ordinary motion to refer ``when a question is under
debate'' under rule XVI clause 4. Manual Sec. Sec. 911, 916.
The motion to recommit (or commit, as the case may be) a
matter to a committee pending or after the ordering of the
previous question thereon under rule XIX clause 2. Manual
Sec. 1001.
The motion to refer a bill to a committee pending a vote in
the House on a motion to strike the enacting words as provided
in rule XVIII clause 9. Manual Sec. Sec. 988, 989.
When the House recodified its rules in the 106th Congress, it
consolidated the last sentence of former rule XVII clause 1 and
certain provisions of former rule XVI clause 4, addressing the motion
to recommit, under rule XIX clause 2. Manual Sec. 1002.
Sec. 2 . Form and Effect of Motion
Member: Mr. Speaker, I move to refer (or commit or recommit) the
bill (or resolution) to the Committee on ______.
Such motion may be subject to debate, depending on the applicable
rule. The motion itself may not include a preamble, argument, or
explanation. 5 Hinds Sec. 5589; 8 Cannon Sec. 2749. The motion may
include instructions. See Sec. Sec. 17-20, infra. The ``straight''
motion (without instructions) sends a measure to a specified committee
and leaves the disposition thereof to the discretion of the committee.
Deschler Ch 23 Sec. 25. For a discussion of a motion to recommit or
commit with instructions, see Sec. Sec. 17-20, infra.
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A ``straight'' motion to recommit and a motion to recommit with
instructions have equal precedence. 8 Cannon Sec. Sec. 2714, 2758.
Sec. 3 . Referral to Particular Committees
The motion to refer, commit, or recommit may propose a referral to
a named standing committee, or to two or more standing committees,
without regard to the usual rules governing committee jurisdiction. 4
Hinds Sec. Sec. 4375, 4401; 5 Hinds Sec. 5527; Deschler Ch 23 Sec. 25.
The motion may provide for referral to a committee other than that
reporting the underlying measure. 8 Cannon Sec. 2696.
A matter may be referred on motion to the Committee of the Whole
(5 Hinds Sec. Sec. 5552, 5553, 6631) or to a select committee,
including one that is established pursuant to the motion (4 Hinds
Sec. 4401). However, motions for the referral of a matter to a
subcommittee are not in order. 8 Cannon Sec. 2739.
Sec. 4 . Motions in Committee of the Whole
The motions permitted by House rules for the referral of a matter
do not apply in Committee of the Whole. 4 Hinds Sec. 4721; 8 Cannon
Sec. Sec. 2326, 2327. It is in order under certain circumstances in
the Committee to move that the Committee rise and report back to the
House with the recommendation that the measure under consideration be
recommitted. Such a motion is entertained only at the completion of
the reading of the bill for amendment, and it is usually precluded by
the language of a special rule from the Committee on Rules ordering
the previous question. Manual Sec. 916; 4 Hinds Sec. Sec. 4761, 4762;
Deschler Ch 23 Sec. 26.5.
The House, while acting in the House as in the Committee of the
Whole, may refer a matter to a committee. 4 Hinds Sec. Sec. 4931,
4932.
B. The Simple Motion to Refer
Sec. 5 . In General
Generally; When to Offer
A simple motion to refer is permitted by rule XVI clause 4(a)
``when a question is under debate.'' Manual Sec. Sec. 911, 916. This
motion is in order pending the consideration of the underlying matter.
The motion may be offered by any Member, who need not qualify as being
in opposition to the pending question. Deschler Ch 23 Sec. 25.
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The motion to refer under rule XVI clause 4 may be offered before
the proponent of the proposition is recognized to control debate on
the underlying measure. Deschler-Brown Ch 29 Sec. 68.51. The motion
may not be offered while another Member holds the floor in debate. 6
Cannon Sec. 468; 8 Cannon Sec. 2742. Once disposed of, it cannot be
offered again at the same stage of the question on the same day.
Manual Sec. 911.
Application of Motion
A measure before the House under the general rules of the House is
subject to the motion. The motion is applicable to a measure called up
from the House Calendar, including a resolution from the Committee on
House Administration, a resolution adopting the rules of the House, to
an article of impeachment, and to a resolution raising a question of
the privileges of the House. 6 Cannon Sec. 549; Deschler Ch 1 Sec. 9;
Deschler-Brown Ch 29 Sec. 68.51. The motion has been applied to a
vetoed bill, with or without the veto message. 4 Hinds Sec. Sec. 3550,
3551; for referral of Presidential messages, see Manual Sec. 875.
Referral With Instructions
The motion to refer may include instructions or be amended to
include instructions. 5 Hinds Sec. 5521. If the previous question is
rejected on the motion, amendments including proper instructions in
the motion are in order. Manual Sec. 917; for instructions generally,
see Sec. Sec. 17-20, infra.
Sec. 6 . Precedence; Relation to Other Motions
The motion to refer under rule XVI clause 4 takes precedence over
the motions to amend or to postpone indefinitely, but yields to the
motions to adjourn, to table, for the previous question, or to
postpone to a day certain. Manual Sec. 911. Thus, the Chair may
recognize the Member seeking to offer the preferential motion before
the less preferential motion is read. Manual Sec. 916. The motion to
refer is subject to the motion to table. Manual Sec. Sec. 911, 914.
The motion for the previous question takes precedence over the
motion to refer under rule XVI clause 4. Manual Sec. Sec. 911, 916.
However, where the motion to refer under that rule is preempted by the
motion for the previous question on a resolution on which there has
been no debate, rejection of the motion for the previous question
leaves the motion to refer pending. 101-2, Mar. 22, 1990, pp 4996-98.
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Sec. 7 . Debate on Motion
A motion to refer under rule XVI clause 4 (before the previous
question is ordered) is separately debatable pending the consideration
of the underlying matter. Manual Sec. 713. The motion is debatable
under the hour rule. Deschler-Brown Ch 29 Sec. 68.51. The scope of the
debate is narrowly confined and may not extend to the merits of the
underlying matter. 5 Hinds Sec. Sec. 5564-5568; 6 Cannon Sec. 549.
Such debate is terminated by the adoption of the previous question on
the motion. Deschler Ch 23 Sec. 25.
C. Referral Pending Motion to Strike Enacting Clause
Sec. 8 . In General
Rule XVIII clause 9 permits the offering of a motion to refer a
measure to a committee, which may include instructions, pending
concurrence by the House in a recommendation from the Committee of the
Whole that the enacting clause of a measure be stricken. Manual
Sec. 988. As noted elsewhere, the recommendation that the enacting
clause be stricken may interrupt and supersede the offering of
amendments in Committee of the Whole and, if agreed to by the House,
defeats the bill. See Committees of the Whole.
The motion to refer permitted by this rule is to be distinguished
from the motion to recommit that may be made pending final passage of
the bill under rule XIX clause 2. The motion to recommit pending
passage ensures the right of the minority to have a final opportunity
to perfect the bill or to return it to committee. Sec. 14, infra. In
contrast, the motion to refer under rule XVIII comes before action on
the recommendation that the enacting clause be stricken and allows the
friends of the original bill to avert its demise by referring it to
committee where it may be considered in the light of the action of the
House. 8 Cannon Sec. 2629.
The motion to refer permitted by rule XVIII may include
instructions to report back forthwith with an amendment to the
underlying bill. Manual Sec. 989.
The recommendation that the enacting clause be stricken may not be
combined with a recommendation that the bill be recommitted to a
committee. Deschler Ch 19 Sec. 10.10.
Automatic Recommittal
When the House disagrees with the recommendation of the Committee
of the Whole to strike the enacting words and does not refer the bill
under the provisions of the rule, the bill is recommitted to the
Committee, where
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it becomes unfinished business. This process is automatic and does not
require a motion. 5 Hinds Sec. Sec. 5326, 5345, 5346; 8 Cannon
Sec. 2633.
D. Referral Pending or After Ordering the Previous Question
Sec. 9 . In General; When in Order
The motion to recommit (or commit, as the case may be) is
authorized under rule XIX clause 2. Under this rule, the motion is in
order pending the motion for the previous question or after the
previous question has been ordered on passage or adoption. The motion
may be made with instructions and may provide for referral to a
standing or select committee. Manual Sec. 1001. It is not necessary
that the underlying proposition be reported from a committee. 95-2,
July 12, 1978, p 20504. Only one proper motion to commit is in order
under the rule. Manual Sec. 1002b; 5 Hinds Sec. 5577.
If the previous question has been ordered on a proposition on
which there has been no debate, and a Member insists on the 40 minutes
of debate permitted by rule, the motion to commit should be made only
after such debate. Manual Sec. 999; 99-1, May 8, 1985, p 11072.
When the previous question is ordered on all stages of a bill to
final passage, the motion to commit is not in order before engrossment
or third reading. Manual Sec. 1002; 5 Hinds Sec. Sec. 5578-5581. The
motion to commit may be made pending the demand for the previous
question on passage or adoption but, at that stage, is subject to the
motion to table. 5 Hinds Sec. 5576.
Instructions With Motion
A motion to commit under rule XIX clause 2 may be offered with
instructions, such as an instruction to report back with an amendment.
Manual Sec. 1002b. Thus, a motion to commit a resolution electing
minority members to standing committees may be offered with
instructions to a select committee to report back ``forthwith'' with
an amendment adding the names of additional Members. Deschler-Brown Ch
29 Sec. 23.55; instructions generally, see Sec. Sec. 17-20, infra.
Amendments to Motion
A motion to commit may be amended, as by adding instructions,
unless the previous question is ordered on the motion. 5 Hinds
Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.
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Sec. 10 . Application of Motion
The rule authorizing the motion to commit, pending or after the
previous question, is construed as applying across a broad range of
legislative business, including:
Bills and joint resolutions. 5 Hinds Sec. 5576.
Simple resolutions and concurrent resolutions. 5 Hinds
Sec. 5573; Deschler-Brown Ch 29 Sec. 23.54.
Conference reports if the other House has not discharged its
managers. See Conferences Between the Houses.
Senate amendments being considered in the House before the
stage of disagreement. 5 Hinds Sec. 5575.
A resolution stating a question of privilege, such as a
disciplinary resolution, or a resolution certifying the
contempt of a committee witness. Deschler Ch 23 Sec. 26.13;
Deschler-Brown Ch 29 Sec. 68.51.
A resolution electing Members to standing committees.
Deschler-Brown Ch 29 Sec. 23.55.
The motion to commit may not be separately applied to amendments
to the underlying proposition. Deschler Ch 23 Sec. 25. When the
previous question has been ordered on a simple resolution and a
pending amendment thereto, the motion to commit should be offered
after the vote on the amendment. 5 Hinds Sec. Sec. 5585-5588.
The motion does not apply to special orders reported by the Rules
Committee because rule XIII clause 6(b) prevents the Speaker from
entertaining dilatory motions until reports from such committee are
disposed of. 5 Hinds Sec. Sec. 5598-5601; Deschler Ch 23 Sec. 25.11.
However, if the motion for the previous question is rejected, this
restriction no longer strictly applies. Manual Sec. 858.
Sec. 11 . Who May Offer Motion; Recognition
As noted elsewhere in this chapter, priority in recognition on a
motion to recommit a bill pending final passage under rule XIX clause
2 is given to an opponent of the bill. Sec. 14, infra. Thus, an
opponent, with preference given first to the Minority Leader or his
designee and then to a minority member on the reporting committee (in
order of seniority on the committee), has priority in recognition to
offer the motion under rule XIX. Manual Sec. 1001. However, if the
underlying matter is a resolution offered from the floor as a question
of the privileges of the House, the Member offering the motion to
commit need not qualify as stating his opposition to the resolution.
Deschler-Brown Ch 29 Sec. 23.60.
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It is the prerogative of the minority, when the House is operating
under general parliamentary procedure, to offer a motion to commit the
resolution adopting the rules, but the minority member offering the
motion need not qualify as opposed to the resolution. Manual Sec. 60.
Sec. 12 . Debate on Motion
Under rule XIX clause 2, a motion to commit with instructions is
not separately debatable after the previous question is ordered on the
underlying simple or concurrent resolution. 5 Hinds Sec. 5582. Thus,
the previous question having been ordered on a resolution before
adoption of the rules, the motion to commit--even one including
instructions--is not debatable. Manual Sec. 60. As to the debate
permitted on a motion to recommit pending final passage of a bill or
joint resolution, see Sec. 15, infra.
E. Recommittal Pending Final Passage
Sec. 13 . In General
The motion to recommit a bill or joint resolution after the
previous question has been ordered on the question of final passage is
authorized by rule XIX clause 2. Clause 2(b), which permits debate on
the motion, does not apply to simple resolutions, concurrent
resolutions, or conference reports. Manual Sec. 1001; Sec. 15, infra.
When in Order
The motion to recommit a bill is typically made after the
engrossment and third reading of the bill. Deschler Ch 23 Sec. 29.1. A
Member seeking to offer the motion must be on his feet addressing the
Chair after the engrossment and third reading of the bill and before
the Chair puts the question on passage of the bill. The motion comes
too late when the Chair has put the question on passage and has
announced the apparent result of the vote. Deschler Ch 23
Sec. Sec. 29.5, 29.6.
Repetition of Motion
Clause 2 permits only one motion to recommit after the previous
question has been ordered. However, if the motion is ruled out on a
point of order, its proponent or another qualifying Member is entitled
to offer a proper motion to recommit. Manual Sec. 1002b; 8 Cannon
Sec. 2713.
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Amendments to Motion
A motion to recommit is subject to amendment until the previous
question is ordered on the motion. Deschler Ch 23 Sec. 25.1. If the
previous question on the motion is not ordered, the motion is open to
amendment. Deschler Ch 23 Sec. 25.2. The amendment must be germane to
the pending measure and not necessarily to the original motion. Manual
Sec. 1002a; see Sec. 17, infra. Any point of order against an
amendment to the motion should be raised immediately following the
reading of the amendment. Manual Sec. 924.
Sec. 14 . Who May Offer Motion; Recognition
Speaker: Is the gentleman opposed to the measure?
This is the threshold question to be put by the Chair in determining a
Member's qualification to offer a motion to recommit. Deschler Ch 23
Sec. 25. At one time the applicable rule was construed to give the
friends of the bill an opportunity to correct any errors in the bill
before the House voted on passage. 8 Cannon Sec. 2762. Under rule XIX
clause 2, the Speaker is required to give preference in recognition to
a Member who is opposed to the bill, whether the motion is made with
or without instructions. Manual Sec. 1002c. This rules change was
intended to allow the minority a final opportunity to return the bill
to committee or (through instructions) to have its version of the bill
brought to a vote. Deschler Ch 23 Sec. 25.
In recognizing a Member to move to recommit, the Chair does not
attempt to assess the degree of that Member's opposition. The Chair
makes no distinction between Members who are unqualifiedly opposed and
those who phrase their opposition ``to the bill in its present form.''
Manual Sec. 1002c.
Among Members opposed to the bill, the Speaker will first look to
the Minority Leader or his designee, then to minority members of the
committee reporting the bill (in order of seniority on the committee),
then to other members of the minority, and finally to majority
members. Manual Sec. 1002c. These principles of recognition are
followed even where a bill under consideration is not reported from
committee. See 89-1, Sept. 29, 1965, p 25439; 96-1, Nov. 28, 1979, pp
33904, 33906, 33914. Priority in recognition to the Minority Leader or
his designee is imputed from the form of rule XIII clause 6. Sec. 16,
infra.
It is not too late for a senior member of the committee to seek
recognition where another minority member has qualified as opposed to
the bill but where his motion has not yet been read by the Clerk.
Deschler Ch 29 Sec. 8.21.
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Recognition for Amendments to Motion
If the previous question is not ordered on a motion to recommit,
the person offering an amendment to the motion does not have to
qualify as being opposed to the bill. Deschler Ch 23 Sec. 27.14. A
Member who, in the Speaker's determination, led the opposition to
ordering the previous question on the motion to recommit--such as the
chairman of the committee reporting the bill--is entitled to offer an
amendment to the motion regardless of party affiliation. Manual
Sec. 1002c.
Sec. 15 . Debate on Motion
Generally
The straight motion to recommit is not debatable whether offered
pending the previous question on the measure or after the previous
question has been ordered. 5 Hinds Sec. 5582; Deschler Ch 23 Sec. 25.
Under rule XIX clause 2(b), the motion to recommit after the previous
question is ordered on final passage is rendered debatable only by
unanimous consent or by the inclusion of instructions in the motion.
Manual Sec. 1002a. Under that rule, a motion to recommit with
instructions a bill or joint resolution on which the previous question
is ordered to passage is debatable for 10 minutes, 5 minutes in favor
of the motion and 5 opposed. Under clause 2(c) debate may be extended
to one hour, equally divided, upon demand of the majority floor
manager of the bill. Manual Sec. 1001. The debate permitted by the
rule is inapplicable to a motion to recommit with instructions a
simple or concurrent resolution or a conference report. Manual
Sec. 1002a.
Control of Debate Time
The Member in support of a motion to recommit with instructions is
recognized for five minutes and must use or yield back all of that
time. He may not reserve a portion thereof. However, the Member
offering the motion may, at the conclusion of the 10 minutes of
debate, yield to another Member to offer an amendment to the motion if
the previous question has not been ordered on the motion. Manual
Sec. 1002a.
A Member recognized for five minutes in opposition to a motion to
recommit with instructions controls the floor for debate only and may
not yield to another Member to offer an amendment to the motion to
recommit. Deschler Ch 23 Sec. 30.4. Where debate time on a motion to
recommit with instructions has been lengthened by a special rule, the
Chair has allowed time to be allocated and controlled and has
permitted the Member controlling time in opposition to close debate.
95-2, Aug. 10, 1978, p 25500.
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Sec. 16 . Effect of Special Rules
Rule XIII clause 6(c) precludes the Committee on Rules from
reporting a special order which would prevent the motion to recommit a
bill or joint resolution from being made as provided in rule XIX
clause 2(b). That prohibition includes a motion to recommit with
instructions if offered by the Minority Leader or his designee, except
on a Senate bill for which the text of a House-passed bill has been
substituted. Manual Sec. 857.
The prohibition is applicable only to the recommittal of a bill or
joint resolution pending initial final passage and does not apply to a
special order restricting the recommittal of a simple or concurrent
resolution. Manual Sec. 859. The Committee on Rules has reported
special rules precluding a motion to recommit at subsequent stages;
that is, during consideration of amendments between the Houses. See
Senate Bills; Amendments Between the Houses. For an exchange of
correspondence between the chairman and ranking minority member of the
Rules Committee regarding this practice, see 104-2, Jan. 24, 1996, pp
1228-29.
F. Motions With Instructions
Sec. 17 . In General
The motion to refer, commit, or recommit may include instructions.
Such instructions may direct a designated committee to take a
specified action, such as to study a subject germane to the underlying
measure. Manual Sec. 1002b; Deschler Ch 23 Sec. 25. A committee may be
instructed as follows:
To report ``forthwith'' with an amendment. Sec. 18, infra.
To report the bill back promptly with certain amendments.
Manual Sec. 1002b.
To consider the bill in relation to the President's energy
message and to promptly hold hearings thereon. 95-1, Apr. 29,
1977, p 12886.
To hold hearings and promptly report recommendations on how to
amortize the cost of the bill. 101-2, Mar. 29, 1990, p 6042.
To hold hearings on a proposal and to solicit the views of the
Attorney General. Deschler Ch 23 Sec. 26.2.
To examine the sufficiency of a contempt citation and report
back to the House. Deschler Ch 23 Sec. 32.11.
Unlike the case of a motion to recommit with instructions to
report back ``forthwith'' (the adoption of which occasions an
immediate report on the floor), the adoption of a motion to recommit
with instructions to report back ``promptly'' sends the bill to
committee, whose eventual report (if any) is not immediately before
the House. Manual Sec. 1002b; Deschler Ch 23
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Sec. 32.25. The ``promptly'' instructions may be express concepts
rather than specify actual text. 106-1, Oct. 6, 1999, p ____. The
instructions are considered advisory and are not required to be
carried out by the committee.
Amendments to Instructions
A motion to recommit with instructions may be amended if the
previous question has not been ordered thereon. A substitute amendment
which strikes all of the proposed instructions and inserts others in
their place is in order if germane to the pending measure, and does
not violate the right of the minority to move to recommit. 8 Cannon
Sec. 2759. An amendment offered to an instruction must be germane to
the bill, not necessarily to the original instruction. Manual
Sec. 930.
Sec. 18 . Instructions to Report ``Forthwith''
The House may recommit a bill to committee with instructions to
report an amendment ``forthwith.'' Such instructions must be complied
with immediately. Manual Sec. 1002b. The House has used this procedure
even with respect to an amendment in the nature of a substitute for
the entire bill. Deschler Ch 23 Sec. 32.16.
Having been instructed to report ``forthwith,'' the committee is
not required to convene and consider the measure. The chairman or
other designated committee member immediately rises and announces
that, pursuant to the instructions of the House, he is reporting the
measure back to the House with the instructed amendment. Deschler Ch
23 Sec. 25. The House then votes on the amendment and, if it is
adopted, again on engrossment and third reading of the bill before
final passage, as shown in the following example:
Speaker: The question is on the engrossment and third reading of
the bill.
Note: The question is then put. If it carries, the bill is ordered
to be engrossed and read a third time, and is read the third time.
Member: I offer a motion to recommit.
Speaker: Is the gentleman opposed to the bill?
Member: I am, Mr. Speaker.
Speaker: The gentleman qualifies. The Clerk will report the motion
to recommit.
Clerk: Mr. ______ of ______ moves to recommit the bill, H.R. ____,
to the Committee on __________ with instructions to report the bill
forthwith with the following amendment: ____________
Note: The motion is subject to 10 minutes of debate or up to one
hour if demanded by the floor manager of the
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bill, equally divided between the proponent and a Member opposed to
the motion. Sec. 15, supra.
Speaker: Without objection, the previous question is ordered. The
question is on the motion to recommit.
Note: A vote having been taken and announced in the affirmative,
the chairman of the designated committee rises:
Chairman: Mr. Speaker, pursuant to the instructions of the House
on the motion to recommit, I report back the bill, H.R. __________,
with an amendment [the amendment is read in the House by the Clerk].
Speaker: The question is on the amendment.
Note: The amendment is voted on; if it is adopted, the Speaker
again puts the question on engrossment and third reading of the bill;
if agreed to, the question is on passage of the bill.
Sec. 19 . Dividing the Question on Instructions
On a motion to recommit with instructions, it is not in order to
demand a separate vote on the instructions or various branches
thereof. 5 Hinds Sec. Sec. 6134-6137; 8 Cannon Sec. Sec. 2737, 3170.
However, when a bill is reported back to the House with an amendment
pursuant to such instructions, a division of the question may be
demanded on the amendment if the question is otherwise in a divisible
form. Manual Sec. 921. A motion to recommit a bill to conference with
various instructions may not be divided. Manual Sec. 921; generally,
see Division of the Question for Voting.
Sec. 20 . Instructions Subject to a Point of Order
A motion to recommit may not propose to do that which may not be
done by amendment under the rules of the House. Manual Sec. 1002b; 5
Hinds Sec. Sec. 5529-5541.
For instance, a motion to recommit may not:
Propose an amendment that is not germane. 5 Hinds
Sec. Sec. 5529-5541, 5834, 5889; 8 Cannon Sec. Sec. 2705, 2707,
2708.
Amend or eliminate an amendment adopted by the House (unless
permitted by special order). 5 Hinds Sec. 5531; 8 Cannon
Sec. Sec. 2712, 2714, 2715, 2720-2724; Deschler Ch 23
Sec. 32.20.
Propose an amendment in violation of rule XXI clause 2, 4, or
5. 5 Hinds Sec. Sec. 5533-5540.
Change the rules of the House by authorizing a committee to
report at any time (5 Hinds Sec. 5543) or by directing a
committee to report by a date certain (5 Hinds Sec. 5549).
However, it has been held in order to reoffer an amendment
rejected by the House. 5 Hinds Sec. Sec. 5543, 5549; 8 Cannon
Sec. 2728.
Contain argument. Manual Sec. 1002b.
[[Page 816]]
Where a special rule providing for the consideration of a bill
prohibited the offering of amendments to a certain title of the bill
(at any point during consideration), it was held not in order to offer
a motion to recommit with instructions to amend the restricted title.
However, that precedent should be read in light of rule XIII clause
6(c)(2), which precludes the Rules Committee from reporting a rule
that would prevent a motion to recommit from including amendatory
instructions. Manual Sec. 1002b.
Under rule XIII clause 6(c), the Committee on Rules may not report
a special rule denying to the Minority Leader or his designee the
right to offer a motion with instructions. Manual Sec. 857. If the
special order reported from the Rules Committee permits a motion to
recommit ``with or without instructions,'' amendatory instructions are
protected; and a motion to recommit may include instructions
(otherwise in order) that modify an amendment previously agreed to by
the House. This is true even if the House has adopted an amendment in
the nature of a substitute. The insertion of the phrase ``one motion
to recommit with or without instructions'' has become routine in
special orders reported by the Committee on Rules.
A motion to recommit a bill to a committee with instructions that
the bill be reported back forthwith with specified amendments is not
in order if, for example, the adoption of the amendments would violate
section 311(a) of the Congressional Budget Act by causing revenues to
fall below the floor specified in the applicable concurrent resolution
on the budget. Manual Sec. 1127.
The Chair does not anticipate the content of a motion to recommit
and will not rule in advance as to whether particular instructions
which might be offered as part of such a motion would be in order.
Deschler-Brown Ch 28 Sec. 23.