[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]
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 the 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; Postponement
Sec. 16. Effect of Special Orders of Business
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
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 Bills and Resolutions.
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 clause 4 of rule XVI. 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 clause 2 of rule XIX. 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 clause 9 of rule XVIII. Manual Sec. Sec. 988, 989.
When the House recodified its rules in the 106th Congress, it
consolidated the last sentence of former clause 1 of rule XVII and
certain provisions of former rule XVI clause 4, addressing the motion
to recommit, under clause 2 of rule XIX. Manual Sec. 1001.
Sec. 2 . Form and Effect of Motion
Member: M_. Speaker, I move to refer (or commit or recommit) the
bill (or resolution) to the Committee on ___.
Such motion may or may not 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.
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 the 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 usually precluded by the language of a
special order of business from the Committee on Rules ordering the
previous question. If such a motion is permitted, it is entertained
only at the completion of the reading of the bill for amendment.
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 clause 4(a) of rule XVI
``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.
The motion to refer under clause 4 of rule XVI 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. 918.
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; an article of impeachment; and 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; Manual Sec. 60. 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 a discussion of
instructions generally, see Sec. Sec. 17-20, infra.
Sec. 6 . Precedence; Relation to Other Motions
The motion to refer under clause 4 of rule XVI 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 clause 4 of rule XVI. 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;
111-2, Apr. 22, 2010, p 6084.
Sec. 7 . Debate on Motion
A motion to refer under clause 4 of rule XVI (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
Clause 9 of rule XVIII 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 clause 2 of rule XIX. 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 of the Whole, where 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 clause 2 of rule XIX. 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 clause 2 of rule XIX 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. For a discussion of 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.
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 of business reported
by the Committee on Rules because clause 6(b) of rule XIII 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 clause 2 of rule
XIX is given to an opponent of the bill. Sec. 14, infra. Thus, an
opponent, with preference given first to the Minority Leader or a
designee and then to a minority member of 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 opposed to the resolution. Deschler-Brown
Ch 29 Sec. 23.60.
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 (because rule XIX
has yet to be adopted). Manual Sec. 60.
Sec. 12 . Debate on Motion
Under clause 2 of rule XIX, 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 clause 2 of rule XIX. Clause 2(b), which permits ten
minutes of debate on the motion, does not apply to simple resolutions,
concurrent resolutions, or conference reports. Manual Sec. 1001;
Sec. 15, infra. A Member wishing to raise or reserve a point of order
against the motion to recommit may do so after the motion is offered
but before debate has begun thereon. 104-1, June 22, 1995, p 16842.
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;
cf. 107-2, June 13, 2002, p 10240. A Member seeking to offer the
motion must be seeking recognition and 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 of rule XIX 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.
Amendments to Motion
A motion to recommit is subject to amendment and in order to be
recognized for an amendment to such motion, a Member must either be
yielded to for that purpose by the proponent or the previous question
must be defeated. 107-2, Feb. 27, 2002, pp 2080-85; Deschler Ch 23
Sec. Sec. 25.1, 25.2. Any point of order against an amendment to the
motion should be raised immediately following the reading of the
amendment. Manual Sec. 924. The amendment must be germane to the
pending measure and not necessarily to the original motion. Manual
Sec. 1002a; see Sec. 17, infra.
Sec. 14 . Who May Offer Motion; Recognition
Speaker: Is the gentle___ 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 clause 2 of rule XIX, 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 and takes the
Member's word. The Chair makes no distinction between Members who are
unqualifiedly opposed and those who phrase their opposition ``to the
bill in its present form.'' It is not the province of the Chair to
direct a Member, having qualified as opposed, to vote against the
measure after rejection of the motion to recommit. Manual Sec. 1002c.
Among Members opposed to the bill, the Speaker will first look to
the Minority Leader or a designee, then to minority members of the
committee reporting the bill (in order of seniority on the committee),
then to other minority Members, 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 a designee is
imputed from the form of clause 6 of rule XIII. Sec. 16, infra.
It is not too late for a senior minority member of the committee
to seek recognition where another minority Member has qualified as
opposed to the bill but where such individual's motion has not yet
been read by the Clerk. Deschler Ch 29 Sec. 8.21.
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
chair 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; Postponement
Generally
Under a prior form of the rule, the straight motion to recommit
was not debatable whether offered pending the previous question on the
measure or after the previous question had been ordered. 5 Hinds
Sec. 5582; Deschler Ch 23 Sec. 25. However, in the 111th Congress,
clause 2 of rule XIX was amended, and the motion to recommit a bill or
joint resolution is now debated under the terms of clause 2(b)(1)
whether or not such motion contains instructions. Manual Sec. 1002a.
Under that rule, a motion to recommit a bill or joint resolution on
which the previous question is ordered to passage is debatable for 10
minutes, five minutes in favor of the motion and five 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 simple or
concurrent resolution or a conference report. Manual Sec. 1002a; 111-
2, June 30, 2010, p 12462.
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. Such Member 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 holds 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 order of
business, 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.
Postponement
In the 115th Congress, the question on adopting a motion to
recommit was added to the list of questions subject to postponement
under clause 8 of rule XX. For more on the Chair's authority to
postpone and cluster votes, see Voting.
Sec. 16 . Effect of Special Orders of Business
Clause 6(c) of rule XIII precludes the Committee on Rules from
reporting a special order of business which would prevent the motion
to recommit a bill or joint resolution from being made as provided in
clause 2(b) of rule XIX. That prohibition includes a motion to
recommit with instructions if offered by the Minority Leader or a
designee, except on a Senate bill or joint resolution for which the
text of a House-passed measure 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 of business restricting the recommittal of a simple or
concurrent resolution. Manual Sec. 859. The Committee on Rules has
reported special orders of business 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 chair and ranking minority
member of the Committee on Rules regarding this practice, see 104-2,
Jan. 24, 1996, pp 1228, 1229.
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 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 examine possible measures to reduce oil prices and report
amendments containing such measures. 106-2, Mar. 22, 2000, p
3295.
To hold hearings on a proposal and to solicit the views of
administration officials. Deschler Ch 23 Sec. 26.2; 100-2, July
27, 1988, p 19146.
To examine the sufficiency of a contempt citation and report
back to the House. Deschler Ch 23 Sec. 32.11.
Under a previous form of the rule, a motion to recommit a bill or
joint resolution with instructions could specify that the committee
report back ``promptly.'' Unlike a motion to recommit ``forthwith,''
where amendatory instructions are carried out immediately (see below),
a ``promptly'' motion sent the bill back to committee whose eventual
report (if any) was not immediately before the House. The instructions
contained in such a motion were advisory only. Such ``promptly''
instructions, while no longer applicable to bills and joint
resolutions, remain available for simple or concurrent resolutions.
Manual Sec. 1002b.
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 chair or other
designated committee member immediately secures recognition and
announces that, pursuant to the instructions of the House, the measure
is reported 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 have a motion to recommit at the desk.
Speaker: Is the gentle___ opposed to the bill?
Member: I am, M_. Speaker [in its present form].
Speaker: The gentle___ qualifies. The Clerk will report the motion
to recommit.
Clerk: The gentle___ from ___ 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 bill, equally divided
between the proponent and a Member opposed to the motion. Sec. 15,
supra.
Speaker: Without objection, the previous question is ordered on
the motion to recommit. The question is on the motion to recommit.
Note: A vote having been taken and announced in the affirmative,
the chair of the designated committee states:
Chair: M_. Speaker, pursuant to the instructions of the House on
the motion to recommit, I report back the bill, H.R. _____, with an
amendment.
Speaker: The Clerk will report the amendment. [After Clerk reports
the amendment.] 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. Sec. 921, 1002a;
see generally 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 of business). 5 Hinds Sec. 5531; 8
Cannon Sec. Sec. 2712, 2714, 2715, 2720-2724; Deschler Ch 23
Sec. 32.20. 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.
Propose an amendment in violation of clauses 2, 4, 5, or 10 of
rule XXI. 5 Hinds Sec. Sec. 5533-5540; 112-1, Mar. 3, 2011, pp
3170-3172.
Propose an amendment in violation of the Congressional Budget
Act. Manual Sec. 1127.
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).
Contain an amendment in the form of a limitation to a general
appropriation bill that has not been offered in the Committee
of the Whole. See Appropriations.
Contain argument. Manual Sec. 1002b.
Where a special order of business 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
clause 6(c)(2) of rule XIII, which precludes the Committee on Rules
from reporting a rule that would prevent a motion to recommit from
including amendatory instructions. Manual Sec. 1002b.
Under clause 6(c) of rule XIII, the Committee on Rules may not
report a special order of business denying to the Minority Leader or a
designee the right to offer a motion with instructions. Manual
Sec. 857. 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 (but is unnecessary in a special order of
business that precludes amendments prior to the stage of recommittal).
If the special order of business reported from the Committee on Rules
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 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.