[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 610-615]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 610]]

 

                               Rule XVIII.


                            RECONSIDERATION.




Sec. 812. The motion to reconsider.

  1.  When a motion has 
been made and carried or lost, it shall be in order for any member of 
the majority, on the same or succeeding day, to move for the 
reconsideration thereof, and such motion shall take precedence of all 
other questions except the consideration of a conference report or a 
motion to adjourn, and shall not be withdrawn after the said succeeding 
day without the consent of the House, and thereafter any Member may call 
it up for consideration: Provided, That such motion, if made during the 
last six days of a session, shall be disposed of when made.


  The motion to reconsider used in the Continental Congress and in the 
House of Representatives from its first organization, in 1789, was first 
made the subject of a rule in 1802; and at various times this rule has 
been perfected by amendments (V, 5605).

  The motion is not used in Committee of the Whole (IV, 4716-4718; VIII, 
2324, 2325), but is in order in the House as in Committee of the Whole 
(VIII, 2793). It is not in order in the House during the absence of a 
quorum when the vote proposed to be reconsidered requires a quorum (V, 
5606). But on votes incident to a call of the House the motion to 
reconsider may be entertained and also laid on the table, although a 
quorum may not be present (V, 5607, 5608).


[[Page 611]]
(V, 5619), or who was paired in favor of the majority contention and 
did not vote, may not make the motion (V, 5614; VIII, 2774). It has 
generally been held in committees that a Member who was not present at a 
vote but cast his vote by proxy does not qualify to make the motion to 
reconsider thereon. Any Member may object to the Chair's statement that 
by unanimous consent the motion to reconsider a vote is laid on the 
table, and the objecting Member need not have voted on the prevailing 
side, but if objection is made, the Chair's statement is ineffective and 
only a Member who voted on the prevailing side may offer the motion to 
reconsider the vote (Speaker pro tempore Wright, Aug. 15, 1986, p. 
22139).


Sec. 813. Maker of the motion to reconsider.

  The  mover of a 
proposition is entitled to prior recognition to move to reconsider (II, 
1454). A Member may make the motion at any time without thereby 
abandoning a prior motion made by himself and pending (V, 5610). A 
Delegate or Resident Commissioner may not make the motion in the House 
(rule XII; II, 1292; VI, 240). The provision of the rule that the motion 
may be made ``by any member of the majority'' is construed, in case of a 
tie vote, to mean any member of the prevailing side (V, 5615, 5616), and 
the same construction applies in case of a two-thirds vote (II, 1656; V, 
5617, 5618; VIII, 2778-2780). Where the yeas and nays have not been 
ordered recorded in the Journal, any Member, irrespective of whether he 
voted with the majority or not, may make the motion to reconsider (V, 
5611-5613, 5689; VIII, 2775, 2785; Sept. 23, 1992, p. ----); but a 
Member who was absent 



[[Page 612]]
made on the same day on which the action is taken to which it is 
proposed to be applied, or on the next day thereafter on which the 
committee convenes with a quorum present at a properly scheduled meeting 
at which business of that class is in order (VIII, 2213).


Sec. 814. Precedence of the motion to 
reconsider.

  The  precedence given the motion by the rule permits it to be 
made even after the previous question has been demanded (V, 5656) or 
while it is operating (V, 5657-5662; VIII, 2784). The motion to 
reconsider the vote on the engrossment of a bill may be admitted after 
the previous question has been moved on a motion to postpone (V, 5663), 
and a motion to reconsider the vote on the third reading may be made and 
acted on after a motion for the previous question on the passage has 
been made (V, 5656). It also takes precedence of the motion to go into 
Committee of the Whole to consider an appropriation bill (VIII, 2785), 
or even of a demand that the House return to committee after the 
appearance of a quorum (IV, 3087). But in a case wherein the House had 
passed a bill and disposed of a motion to reconsider the vote on its 
passage, it was held to be too late to reconsider the vote sustaining 
the decision of the Chair which brought the bill before the House (V, 
5652), and that a motion to vacate those proceedings was not in order 
(Speaker O'Neill, Dec. 17, 1985, pp. 37472-74). After a conference has 
been agreed to and the managers for the House appointed, it is too late 
to move to reconsider the vote whereby the House acted on the amendments 
in disagreement (V, 5664). While the motion has high privilege for 
entry, it may not be considered while another question is before the 
House (V, 5673-5676; July 2, 1980, p. 18354), or while the House is 
dividing (VIII, 2791). A motion to reconsider a secondary motion to 
postpone which has previously been offered and rejected is highly 
privileged, even after the manager of the main proposition has yielded 
time to another Member and before that Member has begun his remarks (May 
29, 1980, pp. 12663-64). When it relates to a bill belonging to a 
particular class of business, consideration of the motion is in order 
only when that class of business is in order (V, 5677-5681; VIII, 2786). 
It may then be called up at any time; but is not the regular order until 
called up (V, 5682; VIII, 2785, 2786). When once entered it may remain 
pending indefinitely, even until a succeeding session of the same 
Congress (V, 5684). The motion to reconsider an action taken on a bill 
on Tuesday may be entered but may not be considered on Calendar 
Wednesday (VII, 905); is subject to the question of consideration (VIII, 
2437), and may be laid on the table (VIII, 2652, 2659). The motion to 
reconsider is in order in the procedure of standing committees, and may 
be 




Sec. 815. Application of the motion to reconsider.

  A  motion 
to reconsider may be entertained, although the bill or resolution to 
which it applies may have gone to the other House or the President (V, 
5666-5668). The Senate may not reconsider the confirmation of a 
nomination after a commission has been issued by the President to a 
nominee and the latter has taken the oath and entered upon the duties of 
his office (U.S. v. Smith, 286 U.S., 6). The fact that the House had 
informed the Senate that it had agreed to a Senate amendment to a House 
bill was held not to prevent a motion to reconsider the vote on agreeing 
(V, 5672). When a motion is made to reconsider a vote on a bill that has 
gone to the Senate, a motion to recall the bill is privileged (V, 5669-
5671). The motion to reconsider may be applied once only to a vote 
ordering the previous question (V, 5655; VIII, 2790), and may not be 
applied to a vote ordering the previous question that has been partially 
executed (V, 5653, 5654); but a vote agreeing to an order of the House 
has been reconsidered, although the execution of the order had begun 
(III, 2028; V, 5665). The vote ordering the previous question on a 
special order reported from the Committee on Rules may be reconsidered 
and is not dilatory under clause 4(b) of rule XI (Sept. 25, 1990, p. --
--).



[[Page 613]]
to move to reconsider the vote on a motion disposing of one of the 
amendments; but laying on the table a motion to reconsider the vote 
whereby the House has amended a Senate amendment does not preclude the 
House from acting on a subsequent Senate amendment to that House 
amendment, or considering any other proper motion to dispose of an 
amendment that might remain in disagreement after further Senate action 
(Oct. 5, 1983, p. 27323). For a discussion of the application of the 
motion to reconsider in committees, see Sec. 416, supra.
  The motion may not be applied to negative votes on motions to adjourn 
(V, 5620-5622), or for a recess (V, 5625), or to go into Committee of 
the Whole (V, 5641). The motion to reconsider may be applied however to 
an affirmative vote on the motion to resolve into the Committee of the 
Whole while the Speaker is still in the chair (V, 5368; Apr. 20, 1978, 
pp. 10990-91). A motion to reconsider the vote by which the House had 
decided a question of parliamentary procedure was held not to be in 
order (VIII, 2776). Motions to reconsider negative votes on motions to 
fix the day to which the House shall adjourn have been the subject of 
conflicting rulings (V, 5623, 5624). It is in order to reconsider a vote 
postponing a bill to a day certain (V, 5643; May 29, 1980, p. 12663). It 
is not in order to reconsider a negative decision of the question of 
consideration (V, 5626, 5627), although it is in order to reconsider an 
affirmative vote on the question of consideration (Oct. 4, 1994, p. ----
). It is not in order to reconsider a negative vote on suspension of the 
rules (V, 5645, 5646; VIII, 2781) or a vote on reconsideration of a bill 
returned with the objections of the President (VIII, 2778). A vote 
whereby a second is ordered may be reconsidered (V, 5642). The motion to 
reconsider a vote on a proposition having been once agreed to, and the 
said vote having again been taken, a second motion to reconsider may not 
be made unless the nature of the proposition has been changed by 
amendment (V, 5685-5688; VIII, 2788; Sept. 20, 1979, pp. 25512-13). 
After disposition of a conference report and amendments reported from 
conference in disagreement, it is in order on the same day 


[[Page 614]]



Sec. 816. Effect of the motion to reconsider.

  A  bill is not 
considered passed or an amendment agreed to if a motion to reconsider is 
pending, the effect of the motion being to suspend the original 
proposition (V, 5704); and the Speaker declines to sign an enrolled bill 
until a pending motion to reconsider has been disposed of (V, 5705). But 
when the Congress expires leaving unacted on a motion to reconsider the 
vote whereby a simple resolution of the House has been agreed to, it is 
probable that the resolution would be operative; and where a bill has 
been enrolled, signed by the Speaker, and approved by the President, it 
is undoubtedly a law, although a motion to reconsider may not have been 
disposed of (V, 5704, footnote). A Member-elect may not take the oath 
until a motion to reconsider the vote determining his title is disposed 
of (I, 335); but when, in such a case, the motion is disposed of, the 
right to be sworn is complete (I, 622). When the motion to reconsider is 
decided in the affirmative the question immediately recurs on the 
question reconsidered (V, 5703). When a vote whereby an amendment has 
been agreed to is reconsidered the amendment becomes simply a pending 
amendment (V, 5704). When the vote ordering the previous question is 
reconsidered it is in order to withdraw the motion for the previous 
question, the ``decision'' having been nullified (V, 5357). When the 
previous question has been ordered on a series of motions and its force 
has not been exhausted the reconsideration of the vote on one of the 
motions does not throw it open to debate (V, 5493); under the earlier 
practice, when a vote taken under the operation of the previous question 
was reconsidered, the main question stood divested of the previous 
question, and was debatable and amendable without reconsideration 
separately of the motion for the previous question (V, 5491-5492, 5700), 
but under the modern practice, where the House adopts a motion to 
reconsider a vote on a question on which the previous question has been 
ordered, the question to be reconsidered is neither debatable nor 
amendable (unless the vote on the previous question is separately 
reconsidered) (July 2, 1980, p. 18355). It is in order to move to 
reconsider the ordering of the yeas and nays on a question before the 
question has been finally decided (V, 5689-5691, 6029; VIII, 2790); but 
where the House had voted to reconsider the vote whereby it had rejected 
a bill but had not separately reconsidered the ordering of a recorded 
vote, the Speaker put the question de novo and entertained a new demand 
for a recorded vote (Sept. 20, 1979, pp. 25512-13).




Sec. 817. The vote on the motion to reconsider.

  The  motion 
to reconsider is agreed to by majority vote, even when the vote 
reconsidered requires two-thirds for affirmative action (II, 1656; V, 
5617, 5618; VIII, 2795), or when only one-fifth is required for 
affirmative action, as in votes ordering the yeas and nays (V, 5689-
5692, 6029; VIII, 2790). But one motion to reconsider the yeas and nays 
having been acted on, another motion to reconsider is not in order (V, 
6037).




Sec. 818. Relation of the motion to reconsider to the motion 
to lay on the table.

  A  vote on the motion to lay on the table may be 
reconsidered whether the decision be in the affirmative (V, 5628, 5695, 
6288; VIII, 2785) or in the negative (V, 5629). It is in order to 
reconsider the vote laying an appeal on the table (V, 5630), although 
during proceedings under a call of the House this motion was once ruled 
out (V, 5631). The motion to reconsider may not be applied to the vote 
whereby the House has laid another motion to reconsider on the table (V, 
5632-5640; June 20, 1967, pp. 16497-98); and a motion to reconsider may 
be laid on the table only before the Chair has put the question on the 
motion to a vote (Sept. 20, 1979, p. 25512).





Sec. 819. Debate on the motion to reconsider.

  A  motion to 
reconsider is debatable only if the motion proposed to be reconsidered 
was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13, 1965, p. 
23608); so the motion to reconsider a vote ordering the previous 
question is not debatable (Sept. 25, 1990, p. ----) and the application 
of the previous question makes a motion to reconsider undebatable (V, 
5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2, 1980, p. 18355). 
Where a resolution providing for the order of business was agreed to 
without adoption of the previous question, the Speaker advised that a 
motion to reconsider would be debatable and that the Member moving the 
reconsideration would be recognized to control the one hour of debate 
(Speaker McCormack, Sept. 13, 1965, p. 23608).





Sec. 820. Application of motion to reconsider to bills in 
committees.

  2.  No bill, petition, memorial, or resolution referred to a 
committee, or reported therefrom for printing and recommitment, shall be 
brought back into the House on a motion to reconsider; * * *



[[Page 615]]

<>   2. * * * and all bills, petitions, memorials, or 
resolutions reported from a committee shall be accompanied by reports in 
writing, which shall be printed.

  This clause was first adopted in 1860, and amended in 1872, to prevent 
a practice of using the privilege of the motion to reconsider to secure 
consideration of bills otherwise not in order (V, 5647). There is a 
question as to whether or not the rule applies to a case wherein the 
House, after considering a bill, recommits it (V, 5648-5650). After a 
committee has reported a bill it is too late to reconsider the vote by 
which it was referred (V, 5651).

  This clause was adopted in 1880 (V, 5647).




  The House insists on observance of this rule (IV, 4655) and does not 
receive verbal reports as to bills (IV, 4654). But the sufficiency of a 
report is passed on by the House and not by the Speaker (II, 1339; IV, 
4653). A report is not necessarily signed by all those concurring (II, 
1274) or even by any of those concurring, but minority, supplemental and 
additional views are signed by those submitting them (IV, 4671; VIII, 
2229; see clause 2(l)(5) of rule XI). Under this rule, the printing 
requirement is not a condition precedent to consideration of the matter 
reported (VIII, 2307-2309), but see clause 7 of rule XXI, which states 
that no general appropriation bill shall be considered until printed 
hearings and report thereon have been available for three calendar days, 
and clause 2(l) of rule XI, pertaining to the consideration of matters 
reported by committees, and clause 2 of rule XXVIII, pertaining to the 
requirement that conference reports and amendments reported in 
disagreement from conference be available before consideration.