[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[E. Motions to Refer or Recommit]
[Â§ 25. In General]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4636-4651]
 
                               CHAPTER 23
 
                                Motions
 
                    E. MOTIONS TO REFER OR RECOMMIT
 
Sec. 25. In General


    There are in the rules of the House four motions to refer: the 
ordinary motion provided for in the first sentence of clause 4, Rule 
XVI (13) when a question is ``under debate;'' the motion to 
recommit with or without instructions after the previous question has 
been ordered on a bill or joint resolution to final passage, provided 
in the second sentence of clause 4, Rule XVI; the motion to commit, 
with or without instructions, pending the motion for or after the 
ordering of the previous question as provided in clause 1, Rule XVII; 
(14) and the motion to refer, with or without instructions, 
pending a vote in the House on a motion to strike out the enacting 
clause as provided in clause 7, Rule XXIII.(15) The terms 
``refer,''

[[Page 4637]]

``commit,'' and ``recommit'' are sometimes used 
interchangeably,(16) but when used in the precise manner 
contemplated in each rule, reflect certain differences based upon 
whether the question to which applied is ``under debate,'' whether a 
bill or joint resolution, a concurrent or simple resolution, or 
conference report, is under consideration, whether the motion itself is 
debatable, whether the motion may include instructions to report back 
``forthwith'' with an amendment, and whether a minority member or a 
Member opposed to the question to which the motion is applied is 
entitled to a priority of recognition.
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13. House Rules and Manual Sec. 782 (1981).
14. House Rules and Manual Sec. 804. See 5 Hinds' Precedents Sec. 5569.
15. House Rules and Manual Sec. 875 (1981).
16. 5 Hinds' Precedents Sec. 5521; 8 Cannon's Precedents Sec. 2736.
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    The motions may not be used in direct form in Committee of the 
Whole.(17) It is in order for the Committee of the Whole to 
rise and report back to the House with the recommendation that the 
measure under consideration be recommitted, but such a motion is 
entertained only at the completion of reading the bill for amendment 
(18) and then only in situations where the Committee of the 
Whole is proceeding under the general rules of the 
House.(19)
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17. 4 Hinds' Precedents Sec. 4721; 8 Cannon's Precedents Sec. 2326.
18. 4 Hinds' Precedents Sec. Sec. 4761, 4762.
19. 8 Cannon's Precedents Sec. 2329.
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    Where, on the other hand, a bill is being considered under a 
special rule providing that after consideration for amendment the 
Committee automatically rises ``and the previous question shall be 
considered as ordered on the bill and amendments thereto to final 
passage without intervening motion'' at the conclusion of the amendment 
process under the five-minute rule, the motion is not in order, since 
precluded by the language of the special rule.(20) It cannot 
be combined in Committee of the Whole as part of a motion to rise with 
the recommendation that the enacting clause be stricken.(21)
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20. See Sec. 26.5, infra, where special rule precluded such a motion, 
        and see also discussions in Ch. 19 Sec. 23.12, supra (Committee 
        of the Whole) under ``Motions to Rise.''
21. See Ch. 19 Sec. Sec. 10.10, 10.12, supra.
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    The simple motion to refer under the first sentence of clause 4, 
Rule XVI is debatable within narrow limits,(1) but the 
merits of the proposition which it is proposed to refer may not be 
brought into the debate.(2) It may include instructions or 
be amended to include instructions (3)) (so long as
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 1. 5 Hinds' Precedents Sec. 5054.
 2. 5 Hinds' Precedents Sec. Sec. 5564-68; 6 Cannon's Precedents 
        Sec. Sec. 65, 549; 8 Cannon's Precedents Sec. 2740.
 3. 5 Hinds' Precedents Sec. 5521.
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[[Page 4638]]

those instructions are not to report back forthwith with an amendment 
if offered at the outset of consideration), may intervene at the outset 
(4) but not after debate has begun in the 
House,(5) and may be offered by any Member (who need not 
qualify as being in opposition to the pending question), when any bill 
or resolution is ``under debate,'' i.e., when the previous question has 
not been moved or ordered. The motion is debatable under the hour rule 
whether or not accompanied by instructions (6) unless the 
previous question has been ordered thereon, and once disposed of, 
cannot be offered again at the same stage of the question on the same 
day.(7)
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 4. 6 Cannon's Precedents Sec. 65.
 5. 6 Cannon's Precedents Sec. 468; 8 Cannon's Precedents Sec. 2742.
 6. 5 Hinds' Precedents Sec. 5561.
 7. Rule XVI clause 4, House Rules and Manual Sec. 782 (1981).
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    The motion to recommit a bill or joint resolution after the 
previous question shall have been ordered pending the question of final 
passage is provided in the second sentence of clause 4, Rule XVI, and 
recognition to offer that motion to recommit, whether a ``straight'' 
motion or with instructions, is the prerogative of a Member who is 
opposed to the bill or joint resolution,(8) the Speaker 
looking first to minority members of the committee reporting the bill, 
in order of their rank on the committee,(9) then to other 
Members on the minority side,(10) and then to a majority 
member who is opposed if no minority member qualifies.(11) 
The threshold question asked in qualifying a Member to offer the motion 
to recommit is, ``Is the gentlemen (gentlewoman) opposed to the 
measure?'' Beyond this, the Member entitled to offer the motion is 
determined by the Speaker's power of recognition, but rulings indicate 
that the Speaker will follow the above-mentioned priorities in 
recognition. Basically, the motion is the prerogative of the minority, 
and recognition would be offered to a less senior minority member of 
the reporting committee in preference to a more senior majority member 
of that committee. A majority member of the reporting committee would 
have lower priority than a minority member not on the reporting 
committee.
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 8. 100 Cong. Rec. 3967, 83d Cong. 2d Sess., Mar. 29, 1954 [Speaker 
        Joseph W. Martin (Mass.)].
 9. 78 Cong. Rec. 1396, 73d Cong. 2d Sess., Jan. 6, 1932 [Speaker John 
        N. Garner (Tex.)]; 81 Cong. Rec. 10638, 75th Cong. 1st Sess., 
        July 2, 1935 [Speaker Joseph W. Byrns (Tenn.)].
10. 96 Cong. Rec. 12608, 81st Cong. 2d Sess., Aug. 16, 1950 [Speaker 
        Sam Rayburn (Tex.)].
11. 78 Cong. Rec. 7327, 73d Cong. 2d Sess., Apr. 1, 1932 [Speaker John 
        N. Garner (Tex.)].
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    The Chair no longer gives priority to Members opposed to the

[[Page 4639]]

 measure in its entirety over those opposed to the measure ``in its 
present form.'' (12) 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.(13) The Committee on 
Rules is precluded under clause 4(b), Rule XI (14) from 
reporting a special rule which would prevent the motion to recommit 
from being made as provided in clause 4, Rule XVI (in the second 
sentence), although it may report a special rule limiting to a straight 
motion, or precluding certain instructions in, the motion to recommit 
which may be offered on a bill or joint resolution pending final 
passage.(15)
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12. See Sec. Sec. 27.8, 27.9, infra. These precedents supersede earlier 
        precedents in which priority was accorded to Members totally 
        opposed.
13. 8 Cannon's Precedents Sec. 2713.
14. House Rules and Manual Sec. 729a (1981).
15. H. Jour. 47, 73d Cong. 2d Sess., Jan. 11, 1934 [Speaker Henry T. 
        Rainey (Ill.)].
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    The motion to commit under clause 1, Rule XVII applies to 
resolutions, and to concurrent resolutions as well as to bills and 
joint resolutions,(16) to conference reports in cases where 
the House is acting first on the report and to motions, such as a 
motion to amend the Journal.(17) It does not apply to a 
report from the Committee on Rules providing a special order of 
business,(18) or to a pending amendment to a proposition in 
the House.(19) Although a motion to commit under this 
clause, with instructions to report back forthwith with an amendment 
has been allowed after the previous question has been ordered on a 
motion to dispose of Senate amendments before the stage of 
disagreement,(20) a motion to commit under this clause does 
not apply to a motion disposing of Senate amendments after the stage of 
disagreement where utilized to displace a pending preferential 
motion.(1) The motion to commit under clause 1, Rule XVII 
may be made pending the demand for the previous question on passage of 
a bill or adoption of a resolution,(2) but when the demand 
covers all stages of the bill to the final passage the motion to commit 
is made only after the third
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16. 5 Hinds' Precedents Sec. Sec. 5572, 5573; 8 Cannon's Precedents 
        Sec. 2742.
17. 5 Hinds' Precedents Sec. 5574.
18. Id. at Sec. Sec. 5593-5601; 8 Cannon's Precedents Sec. Sec. 2270, 
        2750.
19. 5 Hinds' Precedents Sec. 5573.
20. Id. at Sec. 5575; 8 Cannon's Precedents Sec. Sec. 2744, 2745.
 1. 122 Cong. Rec. 30887, 94th Cong. 2d Sess., Sept. 16, 1976 [Speaker 
        Carl Albert (Okla.)].
 2. 5 Hinds' Precedents Sec. 5576.
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[[Page 4640]]

reading and becomes, in effect, the motion as provided in the second 
sentence of clause 4, Rule XVI, and is not in order pending the demand 
or before the engrossment or third reading,(3) or where the 
House has refused to order the third reading.(4) When 
separate motions for the previous question are made, respectively, on 
the third reading and on the passage of a bill, the motion to commit 
should only be made after the previous question is ordered on 
passage.(5) 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.(6) A 
motion to commit has been entertained after ordering of the previous 
question even before the adoption of rules at the beginning of a 
Congress.(7) The same principles of recognition apply to the 
motion to commit under clause 1, Rule XVII as apply to the motion to 
recommit under the second sentence of clause 4, Rule XVI, but a motion 
under clause 1, Rule XVII to commit a resolution called up in the House 
as a privileged matter and not previously referred to committee does 
not depend on party affiliation or on opposition to the 
resolution.(8) The motion to commit under this clause is not 
debatable,(9) but may be amended, as by adding instructions, 
unless such amendment is precluded by moving the previous question on 
the motion to commit.(10)
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 3. Id. at Sec. Sec. 5578-81.
 4. Id. at Sec. Sec. 5602, 5603.
 5. Id. at Sec. 5577.
 6. Id. at Sec. Sec. 5585-88.
 7. 8 Cannon's Precedents Sec. 2755.
 8. 122 Cong. Rec. 3920, 94th Cong. 2d Sess., Feb. 19, 1976 [Speaker 
        Carl Albert (Okla.)].
 9. 5 Hinds' Precedents Sec. 5582.
10. Id. at Sec. Sec. 5582-84; 8 Cannon's Precedents Sec. 2695.
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    The motion to refer is also provided in clause 7, Rule XXIII, which 
permits the offering of a motion to refer a measure to any committee, 
with or without instructions, pending concurrence in the House in a 
recommendation from the Committee of the Whole that the enacting clause 
of a measure be stricken. Since the recommendation that the enacting 
clause be stricken may interrupt and supersede the offering of 
amendments in Committee of the Whole, and since the motion to recommit 
pending the vote in the House on striking the enacting clause may be an 
alternative for those who oppose killing the bill, persuasive dicta in 
the precedents indicate that ``the motion to recommit is made not by 
persons

[[Page 4641]]

who favored the striking out of the enacting clause but by their 
opponents. The presumption would be that, having succeeded in the 
Committee, they would also succeed in the House and would wish to come 
to an immediate decision; and apparently the provision for a motion to 
refer was inserted so that the friends of the original bill might avert 
its permanent death by referring it again to committee, where it could 
again be considered in the light of the action of the House.'' 
(11) Based upon this reasoning, it would not appear that the 
motion to recommit in this situation would be the prerogative of the 
minority or that the Member seeking recognition to offer it must 
qualify as being opposed to the bill. As indicated in Chapter 19, Sec. 
11.14, supra, the motion has, however, been offered in the modern 
practice by the same Member who had successfully offered the motion in 
Committee of the Whole to rise with the recommendation that the 
enacting clause be stricken.
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11. 8 Cannon's Precedents Sec. 2629.
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    The motion to refer, commit, or recommit may in certain situations 
include instructions. The ``straight'' motion (i.e., without 
instructions) sends a measure to a specified committee and leaves the 
disposition thereof, together with any amendments adopted by the House 
which may also have been referred, to the discretion of the committee. 
The straight motion to commit or recommit is not debatable where made 
pending the previous question or after the previous question has been 
ordered.(12) The motion to refer, commit, or recommit may 
specify that the reference shall be to a select as well as a standing 
committee (13) without regard for rules of 
jurisdiction,(14) and may provide for reference to another 
committee than that reporting the bill, (15) or to the 
Committee of the Whole,16) but not to a 
subcommittee.(17) The straight motion and the motion with 
instructions are of equal privilege and have no relative 
precedence.(18)
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12. 5 Hinds' Precedents Sec. 5582.
13. 4 Hinds' Precedents Sec. 4401.
14. Id. at Sec. 4375; 5 Hinds' Precedents Sec. 5527.
15. 8 Cannon's Precedents Sec. 2696, 2736.
16. 5 Hinds' Precedents Sec. 5552, 5553.
17. 8 Cannon's Precedents Sec. 2739.
18. Id. at Sec. Sec. 2714, 2758, 2762.
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    The motion to commit or recommit with instructions, if made under 
the second sentence of clause 4, Rule XVI, is debatable for 10 minutes, 
five minutes in favor of the motion and five opposed, and only on a 
bill or joint resolution pending final passage.

[[Page 4642]]

    Instructions accompanying a motion to recommit may direct the 
committee(s) to which the measure is recommitted to take certain 
actions. Often the committee is instructed to report the measure back 
to the House immediately (``forthwith'') with an amendment contained in 
the instructions. However, unless provision is included in a special 
rule adopted by the House, it is not in order to do indirectly by a 
motion to recommit with instructions that which may not be done 
directly by way of amendment,(19) such as to propose an 
amendment which is not germane, to propose to strike out or amend 
merely that which has already been inserted by way of 
amendment,(1) to propose an amendment in violation of 
clauses 2, 5, or 6 of Rule XXI,(2) or to change the rules of 
the House by granting a committee leave to report at any time or 
requiring a report on a date certain.(3) Where a special 
rule providing for the consideration of a bill prohibited the offering 
of amendments to a certain title of the bill during its consideration 
in both the House and Committee of the Whole, it was held not in order 
to offer a motion to recommit with instructions to incorporate an 
amendment in the restricted title.(4) The motion may not be 
accompanied by a preamble, argument, or explanation,(5) and 
it may not be laid on the table where the previous question has been 
ordered or is pending on the measure to which applied.(6) 
Only one proper motion to commit or recommit is in order, where the 
previous question has been ordered to final passage or 
adoption.(7)
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19. 5 Hinds' Precedents Sec. 5529-41; 8 Cannon's Precedents Sec. 2705.
 1. 8 Cannon's Precedents Sec. Sec. 2712, 2715, 2720, 2721.
 2. House Rules and Manual Sec. Sec. 834, 846, 847 (1981); see 5 Hinds' 
        Precedents Sec. 5533-40.
 3. 5 Hinds' Precedents Sec. Sec. 5543, 5549.
 4. H. Jour. 47, 73d Cong. 2d Sess., Jan. 11, 1934 [Speaker Henry T. 
        Rainey [Ill.)).
 5. 5 Hinds' Precedents Sec. 5589; 8 Cannon's Precedents Sec. 2749.
 6. 5 Hinds' Precedents Sec. Sec. 5412-14.
 7. Id. at Sec. Sec. 5577, 5582; 8 Cannon's Precedents Sec. 2763.
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    Upon approval of the motion to recommit with instructions to report 
back forthwith with an amendment, this process is automatic and the 
committee is not required to convene and consider the measure. The 
chairman or other designated committee member rises and announces that 
pursuant to the instructions of the House, he is reporting the measure 
back to the House with the amendment which was included in the 
instructions.(8) At this point
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 8. See Sec. Sec. 28.9, 32.23, 32.24, infra.
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[[Page 4643]]

a vote is taken on the amendment,(9) and on at least one 
occasion the House has defeated the amendment when so 
reported.(10) Thus the offering of a motion to recommit with 
instructions may give the minority an opportunity to have its version 
of the pending measure placed before the House for a vote, subject to 
the restrictions on prior House adoption of amendments and depending 
upon any special authority conferred in a special rule reported from 
the Committee on Rules to offer a motion to recommit ``with or without 
instructions'' notwithstanding prior House adoption of an inconsistent 
amendment. However, the motion to recommit with instructions may be 
amended if the previous question is not ordered thereon, and a 
substitute which strikes out all of the proposed instructions and 
inserts others in their place is in order if germane to the pending 
measure, and has been held not to violate the right of the minority to 
move to recommit.(11) When a bill is recommitted it is 
before the committee as a new subject,(1) but the committee 
must confine itself to the instructions, if there be any.(2)
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 9. See Sec. Sec. 32.23, 32.24, infra.
10. See Sec. 32.28, infra.
11. 8 Cannon's Precedents Sec. 2759.
 1. 4 Hinds' Precedents Sec. 4557; 5 Hinds' Precedents Sec. 5558.
 2. 4 Hinds' Precedents Sec. 4404; 5 Hinds' Precedents Sec. 5526.
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Motion as Subject to Amendment

Sec. 25.1 A motion to recommit is subject to amendment unless the 
    previous question is ordered thereon; and the previous question 
    takes precedence of the motion to amend.

    On Aug. 11, 1969,(3) the House was considering H.R. 
12982, the District of Columbia Revenue Act for 1969. After the bill 
was engrossed and read a third time, Mr. Alvin E. O'Konski, of 
Wisconsin, offered a motion to recommit. The following then occurred:
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 3. 115 Cong. Rec. 23143, 91st Cong. 1st Sess.
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        Mr. [Brock] Adams [of Washington]: Mr. Speaker, I have an 
    amendment to the motion to recommit. Mr. [John L.] McMillan [of 
    South Carolina]: Mr. Speaker, I move the previous question on the 
    motion to recommit.
        The Speaker:(4) The question is on ordering the 
    previous question on the motion to recommit.
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 4. John W. McCormack [Mass.].
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        The question was taken; and on a division [demanded by Mr. 
    Adams] there were--ayes 104, noes 65.
        So the previous question was ordered.(5)
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 5. See also 84 Cong. Rec. 3671, 76th Cong. 1st Sess., Mar. 31, 1939.
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        The Speaker: The question is on the motion to recommit.
        The motion to recommit was rejected.

[[Page 4644]]

Sec. 25.2 In response to a parliamentary inquiry, the Speaker stated 
    that a motion to recommit a bill is not amendable unless the 
    previous question is voted down on the motion.

    On May 6, 1970,(6) the House was considering H.R. 17123, 
authorizing military procurement for fiscal 1971. After Mr. Alvin E. 
O'Konski, of Wisconsin, offered a motion to recommit the bill, Mr. 
Silvio O. Conte, of Massachusetts, rose with a parliamentary inquiry.
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 6. 116 Cong. Rec. 14490, 91st Cong. 2d Sess.
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        Mr. Conte: Mr. Speaker, a parliamentary inquiry.
        The Speaker:(7) The gentleman will state it.
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 7. John W. McCormack (Mass.).
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        Mr. Conte: Mr. Speaker, is a motion to recommit amendable?
        The Speaker: Not unless the previous question is voted 
    down.(8)
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 8. See also 114 Cong. Rec. 18940, 18941, 90th Cong. 2d Sess. June 26, 
        1968; and 101 Cong. Rec. 9379, 84th Cong. 1st Sess., June 28, 
        1955.
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Sec. 25.3 Parliamentarian's Note: A point of order against an amendment 
    to a motion to recommit is in order immediately following the 
    reading of the amendment.

Reference to Particular Committees

Sec. 25.4 A motion to recommit may provide for reference of the bill 
    under consideration to any committee of the House.

    On Aug. 7, 1950,(9) the House was considering H.R. 8396, 
authorizing federal assistance to state and local governments in times 
of major disasters. The following then occurred.
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 9. 96 Cong. Rec. 11914, 81st Cong. 2d Sess.
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        Mr. [Kenneth B.] Keating [of New York]: Mr. Speaker, I offer a 
    motion to recommit.
        The Speaker:(10) Is the gentleman opposed to the 
    bill?
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10. Sam Rayburn (Tex.).
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        Mr. Keating: I am, Mr. Speaker.
        The Speaker: The Clerk will report the motion to recommit.
        The Clerk read as follows:

            Mr. Keating moves to recommit the bill to the Committee on 
        Public Lands with instructions to report the same back 
        forthwith with the following amendment: Page 2, line 6, after 
        ``President'' insert ``and the Congress of the United States''. 
        I make the point of order against the motion to recommit that 
        it is a violation of the rules of the House for the bill to be 
        recommitted to the Committee on Public Lands. The Committee on 
        Public Works has jurisdiction of this bill.

        The Speaker: The gentleman may recommit it to any committee, as 
    far as

[[Page 4645]]

    that is concerned, but the Committee on Public Lands does not have 
    jurisdiction over legislation of this character.
        Mr. Keating: Mr. Speaker, I ask unanimous consent to change the 
    word ``Lands'' to ``Works.''

        The Speaker: Is there objection to the request of the gentleman 
    from New York?
        There was no objection.
        The Speaker: The question is on the motion to recommit.

Sec. 25.5 The motion to recommit a measure may refer it to any 
    committee of the House, and such motion need not necessarily refer 
    the measure to the committee that originally reported it.

    On Dec. 21, 1932,(11) the Committee of the Whole having 
considered H.R. 13742, to provide revenue by the taxation of a certain 
nonintoxicating liquor, reported the bill back to the House. After the 
engrossed copy was read the following occurred:
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11. 76 Cong. Rec. 866, 72d Cong. 2d Sess.
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        Mr. [Frank] Crowther [of New York]: Mr. Speaker, I offer a 
    motion to recommit.
        The Speaker: (12) Is the gentleman opposed to the 
    bill?
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12. John N. Garner (Tex.).
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        Mr. Crowther: I am.
        The Speaker: The Clerk will report the motion to recommit.
        The Clerk read as follows:

            Mr. Crowther moves to recommit the bill (H.R. 13742) to the 
        Committee on the Judiciary.

        Mr. Crowther: Mr. Speaker, on that motion I move the previous 
    question.
        Mr. [John J.] Cochran of Missouri:
        Mr. Speaker, I make the point of order against the motion to 
    recommit. This bill came from the Committee on Ways and Means, and 
    the motion to recommit is to the Judiciary Committee. The 
    precedents----
        The Speaker: This is not a question of precedent. You can move 
    to recommit it to any committee of the House.

Recommittal to Committee Reporting Bill

Sec. 25.6 If the Committee of the Whole reports a bill back to the 
    House with the recommendation that the enacting clause be stricken, 
    a motion to recommit the bill to the committee reporting it is in 
    order in the House.

    On July 18, 1946,(13) the Committee of the Whole having 
considered the bill S. 1717, relating to the development and control of 
atomic energy, a motion was made to report that bill back to the House 
with the recommendation that the enacting clause be stricken out. The 
following then occurred:
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13. 92 Cong. Rec. 9355, 9356, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Graham A.] Barden [of North Carolina]: Mr. Chairman, a 
    parliamentary inquiry.

[[Page 4646]]

        The Chairman: (14) The gentleman will state it.
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14. John J. Delaney (N.Y.).
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        Mr. Barden: As I understand the parliamentary situation, if 
    this motion prevails, when we go back into the House it would be 
    proper to introduce a motion to recommit the bill back to the 
    committee for further consideration; is that not correct?
        The Chairman: That is correct. . . . When we go back into the 
    House, the House will vote whether or not they want to strike out 
    the enacting clause.
        Mr. Barden: Mr. Chairman, instead of voting whether or not we 
    want to strike out the enacting clause, will it not be a vote to 
    recommit to the committee?
        The Chairman: After we go back into the House, a motion to 
    recommit would be in order.

Permitting More Than One Motion

Sec. 25.7 Where a motion to recommit with an instruction was ruled out 
    on a point of order, a second motion with another instruction was 
    admitted.

    On Apr. 28, 1932,(15) the House was considering H.R. 
11452, the Navy Department appropriations bill. The following then 
occurred:
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15. 75 Cong. Rec. 9147, 72d Cong. 1st Sess.
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        Mr. [Ross A.] Collins [of Mississippi]: Mr. Speaker, I have a 
    motion to recommit.
        The Speaker:(16) Is the gentleman opposed to the 
    bill?
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16. John N. Garner (Tex.).
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        Mr. Collins: I am.
        The Speaker: The Clerk will report the motion to recommit.
        The Clerk read as follows:

            Mr. Collins moves to recommit the bill to the Committee on 
        Appropriations with instructions to report the same back 
        forthwith with the following amendment: On page 25, line 19, 
        before the semicolon, insert ``Provided further, That the total 
        number of enlisted men in the ratings of bandmaster, first 
        musician, musician first class and musician second class on 
        April 18, 1932, shall be reduced by 355 by discontinuing new 
        enlistments and reenlistments not continuous in such ratings 
        and/or placing in such ratings men otherwise rated.''

        Mr. [Carl R.] Chindblom [of Illinois]: Mr. Speaker, a point of 
    order. My understanding is that action was taken on this question 
    by an amendment passed in the House. That was stricken out by an 
    amendment.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Speaker, that is 
    not a good point of order. The Speaker can not take cognizance of 
    any action that has been taken in Committee of the Whole on the 
    state of the Union except as reported to the House. The chairman of 
    the committee reports only the facts as to amendments, and there 
    was no report that any part of the bill had been stricken out.
        The Speaker: The gentleman from Illinois makes the point of 
    order that the motion to recommit attempts to reinsert language 
    that was stricken out of the bill in the House by agreeing to

[[Page 4647]]

    an amendment reported from the Committee of the Whole. The rulings 
    are uniform that you can not undo in a motion to recommit that 
    which the House has just disposed of, so the point of order is well 
    taken.
        Mr. [John C.] Schafer [of Wisconsin]: Mr. Speaker, I have a 
    motion to recommit. I move that the bill be recommitted to the 
    Committee on Appropriations with instructions to report it back 
    after further consideration with 10 per cent reduction in the total 
    amount of the appropriation.
        The Speaker: The Clerk will report the motion to recommit.

Effect of Special Order

Sec. 25.8 Where a special rule by its terms ordered the previous 
    question at a certain time on a bill to final passage, it was held 
    that a motion to recommit was in order notwithstanding the 
    provisions of the special rule.

    On Mar. 11, 1933,(17) Mr. Joseph W. Byrns, of Tennessee, 
rose with the following resolution:
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17. 77 Cong. Rec. 198, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Byrns: Mr. Speaker, I offer the following resolution, move 
    its adoption, and upon that motion I move the previous question.
        The Clerk read as follows:

            Resolution offered by Mr. Byrns:

                             ``House Resolution 32

            ``Resolved, That immediately upon the adoption of this 
        resolution the House shall proceed to the consideration of H.R. 
         2820, a bill to maintain the credit of the United States 
        Government, and all points of order against said bill shall be 
        considered as waived; that, after general debate, which shall 
        be confined to the bill and shall continue not to exceed 2 
        hours, to be equally divided and controlled by the chairman and 
        ranking minority member of the Committee on Economy, the 
        previous question shall be considered as ordered on the bill to 
        final passage.''

        Mr. [Gordon] Browning [of Tennessee]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker:(18) The gentleman will state it.
---------------------------------------------------------------------------
18. Henry T. Rainey (Ill).
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        Mr. Browning: If this resolution is adopted, there will not be 
    any privilege of amendment given to the House, under any 
    consideration?
        The Speaker: There will not be.
        Mr. Browning: Would a motion to recommit be in order following 
    the third reading of the bill?
        The Speaker: It would; yes.

Sec. 25.9 The Committee on Rules may not report any order or rule which 
    shall operate to prevent the offering of a motion to recommit as 
    provided in Rule XVI clause 4, but such restriction does not apply 
    to a special rule which may prevent a motion to recommit with 
    instructions to incorporate an amendment in a title to which such 
    special rule precludes the offering of amendments.

[[Page 4648]]

    On Jan. 11, 1934,(19) the following occurred on the 
floor of the House:
---------------------------------------------------------------------------
19. 78 Cong. Rec. 479, 480, 482, 483, 73d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William B.] Bankhead [of Alabama]: Mr. Speaker, at the 
    request of the Chairman of the Committee on Rules, the gentleman 
    from North Carolina, I call up for consideration House Resolution 
    217 and ask that the same be reported.
        The Clerk read as follows:

                              House Resolution 217

            Resolved, That during the consideration of H.R. 6663, a 
        bill making appropriations for the Executive Office and sundry 
        independent bureaus, boards, commissions, and offices, for the 
        fiscal year ending June 30, 1935, and for other purposes, all 
        points of order against title II or any provisions contained 
        therein are hereby waived; and no amendments or motions to 
        strike out shall be in order to such title except amendments or 
        motions to strike out offered by direction of the Committee on 
        Appropriations, and said amendments or motions shall be in 
        order, any rule of the House to the contrary notwithstanding. 
        Amendments shall not be in order to any other section of the 
        bill H.R. 6663 or to any section of any general appropriation 
        bill of the Seventy-third Congress which would be in conflict 
        with the provisions of title II of the bill H.R. 6663 as 
        reported to the House, except amendments offered by direction 
        of the Committee on Appropriations, and said amendments shall 
        be in order, any rule of the House to the contrary 
        notwithstanding. . . .

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, I make the 
    point of order against the rule that it is not a privileged report 
    from the Committee on Rules, on the ground that it violates the 
    general rules of the House by denying the right to the minority to 
    make the usual and regular motion to recommit.
        The Speaker: (20) The Chair will hear the gentleman 
    from New York.
---------------------------------------------------------------------------
20. Henry T. Rainey (Ill.).
---------------------------------------------------------------------------

        Mr. Snell: Mr. Speaker, as far as I am familiar with the rights 
    of the Committee on Rules to make privileged reports, they are 
    entitled to report a rule at any time, with the two exceptions, and 
    these exceptions are specifically set forth in section 725, page 
    327, of the Manual:

            The Committee on Rules shall not report any rule or order 
        which shall provide that business under paragraph 7 of rule 
        XXIV--

        Which is the Calendar Wednesday rule--
        shall be set aside by a vote of less than two-thirds of the 
        Members present--

        The next exception covers the point I am making in my point of 
    order--
        nor shall it report any rule or order which shall operate to 
        prevent the motion to recommit being made as provided in 
        paragraph 4 of rule XVI.

        Paragraph 4 of rule XVI states the following:

            After the previous question shall have been ordered on the 
        passage of a bill or joint resolution, one motion to recommit 
        shall be in order.

        Also rule XVII, section 1, provides--

            It shall be in order, pending the motion for or after the 
        previous

[[Page 4649]]

        question shall have been ordered on its passage, for the 
        Speaker to entertain a motion to commit with or without 
        instructions to a standing or select committee.

        It has been the precedent of the House for a great many years 
    that under no circumstances will the minority be prohibited from 
    making a motion to recommit, and I have yet never heard anyone 
    express a different opinion on policy or philosophy of the rules of 
    the House. In this way the minority is allowed to place its 
    position before the Congress, and, if enough Members approve of it, 
    they are entitled to a roll-call vote. I have never heard anyone 
    take a different position on the floor of the House. But it is 
    evident, from what the gentleman from Alabama says, that they 
    intend, by the particular wording of this rule, to take advantage 
    of the situation and to deny the minority the right of making such 
    a motion. For this reason I maintain the rule is subject to the 
    point of order. . . .
        The Speaker: The Chair is prepared to rule. The gentleman from 
    New York makes the point of order that the Committee on Rules has 
    reported out a resolution which violates the provisions of clause 
    45, rule XI, which are as follows:

            The Committee on Rules shall not report any rule or order . 
        . . which shall operate to prevent the motion to recommit being 
        made as provided in clause 4, rule XVI.

        The pertinent language of clause 4, rule XVI is as follows:

            After the previous question shall have been ordered on the 
        passage of a bill or joint resolution one motion to recommit 
        shall be in order and the Speaker shall give preference in 
        recognition for such purpose to a Member who is opposed to the 
        bill or resolution.

        The special rule, House Resolution 217, now before the House, 
    does not mention the motion to recommit. Therefore, any motion to 
    recommit would be made under the general rules of the House. The 
    contention of the gentleman from New York that this special rule 
    deprives the minority of the right to make a motion to recommit is, 
    therefore, obviously not well taken. The right to offer a motion to 
    recommit is provided for in the general rules of the House, and 
    since no mention is made in the special rule now before the House 
    it naturally follows that the motion would be in order.
        A question may present itself later when a motion to recommit 
    with instructions is made on the bill H.R. 6663 that the special 
    rule which is now before the House may prevent a motion to recommit 
    with instructions which would be in conflict with the provisions of 
    the special rule. It has been held on numerous occasions that a 
    motion to recommit with instructions may not propose as 
    instructions anything that might not be proposed directly as an 
    amendment. Of course, inasmuch as the special rule prohibits 
    amendments to title II of the bill H.R. 6663 it would not be in 
    order after the adoption of the special rule to move to recommit 
    the bill with instructions to incorporate an amendment in title II 
    of the bill. The Chair therefore, holds that the motion to 
    recommit, as provided in clause 4, rule XVI, has been reserved to 
    the minority and that insofar as such rule is concerned the special 
    rule before the House does not de

[[Page 4650]]

    prive the minority of the right to make a simple motion to 
    recommit. The Chair thinks, however, that a motion to recommit with 
    instructions to incorporate a provision which would be in violation 
    of the special rule, House Resolution 217, would not be in order. 
    For the reasons stated, the Chair overrules the point of order.

Explaining the Motion

Sec. 25.10 In response to a parliamentary inquiry, the Chair indicated 
    that following the reading and amendment of the final section of a 
    bill, he would still recognize a Member to move to strike out the 
    last word in order to explain a motion to recommit to be 
    subsequently offered in the House but not then debatable.

    On July 31, 1969,(1) the Committee of the Whole was 
considering H.R. 13111, Labor and HEW appropriations for fiscal 1970. 
The following occurred:
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 21676, 21677, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles S.] Joelson [of New Jersey]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: (2) The gentleman will state it.
---------------------------------------------------------------------------
 2. Chet Holifield (Calif.).
---------------------------------------------------------------------------

        Mr. Joelson: Section 409 is the last section of the bill. I 
    understand there will be an explanation of a proposed motion to 
    recommit. Will there be time to explain the motion and time for me 
    to comment on it?
        The Chairman: There will be time. Section 409 has not yet been 
    read. Section 409 still must be read. The Chair will certainly 
    recognize any Member after the section has been read, providing it 
    is not for the purpose of offering an amendment to section 408 or 
    section 409. In fact, the Chair will recognize the chairman for a 
    perfecting amendment after that.
        Mr. [Daniel J.] Flood [of Pennsylvania]: Mr. Chairman, I have 
    no intention of attempting to foreclose a motion, if there is one 
    --and I do not know that there will be--to recommit. I have no 
    intention of foreclosing explanations, if there are any, by any 
    opponent of the motion to recommit.
        The Chairman: The Chair is pleased to have that statement, 
    because the Chair had promised the gentleman who will offer the 
    recommittal motion to recognize him for 5 minutes when he moves to 
    strike out the last word, after the Committee concludes action on 
    sections 408 and 409, for an explanation of his motion to recommit.

Recommittal of Resolution From Rules Committee

Sec. 25.11 A motion to recommit a privileged resolution reported from 
    the Committee on Rules is not in order.

    On June 8, 1970,(3) the House was considering House 
Resolution
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 18656-58, 18668-71, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 4651]]

976, establishing a select committee to investigate U.S. military 
involvement in Southeast Asia. After the previous question was moved, 
Mr. Jonathan Bingham, of New York, rose with a parliamentary inquiry:

        Mr. Bingham: Mr. Speaker, a parliamentary inquiry.
        The Speaker Pro Tempore: (4) The gentleman will 
    state his parliamentary inquiry.
---------------------------------------------------------------------------
 4. Carl Albert (Okla.).
---------------------------------------------------------------------------

        Mr. Bingham: Will the Chair entertain a motion to recommit with 
    an amendment to the resolution?
        The Speaker Pro Tempore: The Chair will state to the gentleman 
    from New York that a motion to recommit is not in order on a 
    resolution from the Committee on Rules.(5)
---------------------------------------------------------------------------
 5. See also 101 Cong. Rec. 1076-79, 84th Cong. 1st Sess., Feb. 2, 
        1955; 97 Cong. Rec. 11394, 11397, 11398, 82d Cong. 1st Sess., 
        Sept. 14, 1951; 89 Cong. Rec. 233, 78th Cong. 1st Sess., Jan. 
        19, 1943; 88 Cong. Rec. 6544, 77th Cong. 2d Sess., July 23, 
        1942; and 8 Cannon's Precedents Sec. Sec. 2270, 2753. See House 
        Rules and Manual Sec. 729(b) (1981), for discussion of 
        recommittal of special orders if the previous question is 
        defeated.
---------------------------------------------------------------------------

Divisibility of Motion

Sec. 25.12 A motion to recommit with instructions is not divisible.

    On June 27, 1947,(6) the House was considering the 
conference report on H.R. 3737, a bill to provide revenue for the 
District of Columbia. Mr. Joseph P. O'Hara, of Minnesota, offered a 
motion to recommit the conference report to the committee of conference 
with certain instructions to the House conferees. Mr. Everett M. 
Dirksen, of Illinois, then rose with a parliamentary inquiry:
---------------------------------------------------------------------------
 6. 93 Cong. Rec. 7845, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Dirksen: Would not the motion be divisible?
        The Speaker: (7) A motion to recommit is not 
    divisible.
---------------------------------------------------------------------------
 7. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------