    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 742-757]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Previous question
               Rule XIX.--MOTIONS FOLLOWING THE AMENDMENT STAGE

    [[Page 743]]

    the bill or resolution to its passage, adoption, or rejection.

    994. The previous question.

      1. (a)  There shall be a motion
    for the previous question, which, being ordered, shall have the effect
    of cutting off all debate and bringing the House to a direct vote on the
    immediate question or questions on which it has been ordered. Whenever
    the previous question has been ordered on an otherwise debatable
    question on which there has been no debate, it shall be in order to
    debate that question for 40 minutes, equally divided and controlled by a
    proponent of the question and an opponent. The previous question may be
    moved and ordered on a single question, on a series of questions
    allowable under the rules, or on an amendment or amendments, or may
    embrace all authorized motions or amendments and include

      The House adopted a rule for the previous question in 1789, but it was
    not turned into an instrument for closing debate until 1811. The history
    of the motion for the previous question is discussed in V, 5443, 5446;
    VIII, 2661. In 1880, the previous question rule was amended to apply to
    single motions or a series of motions as well as to amendments, and the
    motion to commit pending the motion for the previous question or after
    the previous question is ordered to passage was added (V, 5443). From
    1880 to 1890, the previous question could only be ordered to the
    engrossment and third reading, and then again ordered on passage, but in
    1890 the rule was changed to permit ordering the previous question to
    final passage (V, 5443). When the House recodified its rules in the
    106th Congress, it consolidated former clause 1 of rule XVII and a
    provision included in former clause 2 of rule XXVII, permitting 40
    minutes debate on which the previous question has been ordered without
    there having been debate under this clause. The 106th Congress also
    transferred the provision addressing the motion to commit from clause 1
    of rule XVII to clause 2 of this rule (H. Res. 5, Jan. 6, 1999, p. ----
    ).

    [[Page 744]]

    Sec. 995. Effect of previous question on
    debate.

      The  previous question is the only motion used for closing debate
    in the House itself (V, 5456; VIII, 2662). It is not in order in
    Committee of the Whole (IV, 4716; Apr. 25, 1990, p. 8257) but is in
    order in the House as in Committee of the Whole (VI, 639). The motion
    may not include a provision that it shall take effect at a certain time
    (V, 5457). Forty minutes of debate are allowed whenever the previous
    question is ordered on a proposition on which there has been no debate
    (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602); but if there has been
    debate, even though brief, before the ordering of the previous question,
    the 40 minutes are not allowed (V, 5499-5501). This preliminary debate
    should be on the merits of the question if the 40 minutes of debate are
    to be denied for reason of it (V, 5502). The 40 minutes should be
    demanded before division has begun on the main question (V, 5496). It
    may not be demanded on incidental motions, but is confined to the main
    question (V, 5497, 5498; VIII, 2687). It may not be demanded on a
    proposition that has been debated in Committee of the Whole (V, 5505),
    or on a conference report if the subject matter of the report was
    debated before being sent to conference (V, 5506, 5507). When the
    previous question is ordered merely on an amendment that has not been
    debated, the 40 minutes are allowed (V, 5503); but the same liberty of
    debate is not allowed when the question covers both an undebated
    amendment and the original proposition (V, 5504). It was also denied on
    a resolution to correct an error in an enrolled bill (V, 5508). The 40
    minutes is divided, one half to those favoring and the other half to
    those opposing (V, 5495).

    Sec. 996. Application of the previous
    question.

      The  provisions of the rule define the application of the
    previous question with considerable accuracy. It may not be moved on
    more than one bill except by the unanimous consent of the House (V,
    5461-5465), or on motions to agree to a conference report and also to
    dispose of differences not included in the report (V, 5464) and when
    ordered on a motion to send to conference applies to that motion alone
    and does not extend to a subsequent motion to instruct conferees (VIII,
    2675). It may apply to the main question and a pending motion to refer
    (V, 5466; VI, 373; VIII, 2678), or to a pending resolution and a pending
    amendment thereto (Sept. 25, 1990, p. 25575; July 16, 1998, p. ----).
    When a bill is reported from the Committee of the Whole with the
    recommendation that the enacting words be stricken out, it may be
    applied to the motion to concur without covering further action on the
    bill (V, 5342). During consideration ``in the House as in Committee of
    the Whole'' it may be demanded while Members still desire to offer
    amendments (IV, 4926-4929; VI, 639), but it may not be moved on a single
    section of a bill (IV, 4930). When ordered on a resolution with a
    preamble there is doubt of its application to the preamble, unless the
    motion specifies (V, 5469, 5470). It may be moved on a series of
    resolutions, but this does not preclude a division of the resolutions on
    the vote (V, 5468), although where two propositions on which the
    previous question is moved are related, as in the case of a special
    order reported from the Committee on Rules and a pending amendment
    thereto, a division is not in order (Sept. 25, 1990, p. 25575). The
    previous question is often ordered on nondebatable propositions to
    prevent amendment (V, 5473, 5490), but may not be moved on a motion that
    is both nondebatable and unamendable (IV, 3077). It applies to questions
    of privilege as to other questions (II, 1256; V, 5459, 5460; VIII,
    2672).

    [[Page 745]]

    previous question even after he has surrendered the floor in debate
    (VIII, 2682, 3231). Where a Member controlling the time on a bill or
    resolution in the House yields for the purpose of amendment, another
    Member may move the previous question before the Member offering the
    amendment is recognized to debate it (Nov. 8, 1971, p. 39944; July 24,
    1979, p. 20385). Where under a rule of the House debate time on a motion
    or proposition is equally divided and controlled by the majority and the
    minority, or between those in favor and those opposed (see, e.g.,
    clauses 1, 2, and 6 of rule XV), or where a block of time for debate has
    been yielded by the manager, the previous question may not be moved
    until the other side has used or yielded back its time; and the Chair
    may vacate the adoption of the previous question where it was improperly
    moved while the other side was still seeking time (Oct. 3, 1989, p.
    22842). The previous question may not be demanded on a proposition
    against which a point of order is pending (VIII, 3433).

    Sec. 997. The right to move the previous
    question.

      The  Member in charge of the bill and having the floor may demand
    the previous question although another Member may propose a motion of
    higher privilege (VIII, 2684), but the motion of higher privilege must
    be put first (V, 5480; VIII, 2609, 2684), and if the Member in charge of
    the bill claims the floor in debate another Member may not demand the
    previous question (II, 1458); but having the floor, unless yielded to
    for debate only, any Member may make the motion although the effect may
    be to deprive the Member in charge of the bill (V, 5476; VIII, 2685).
    The Member who has called up a measure in the House has priority of
    recognition to move the previous question thereon, even over the
    chairman of the reporting committee (Oct. 1, 1986, p. 27468). And if,
    after debate, the Member in charge of the bill does not move the
    previous question, another Member may (V, 5475); but where a Member
    intervenes on a pending proceeding to make a preferential motion, such
    as the motion to recede from a disagreement with the Senate, he may not
    move the previous question on that motion as against the rights of the
    Member in charge (II, 1459), and the Member in charge is entitled to
    recognition to move the

    Sec. 998. Relation of the previous question to
    motions.

      The  motion to lay on the table may not be applied to the previous
    question (V, 5410, 5411); nor may it be applied to the main question
    after the previous question has been ordered (V, 5415-5422; VIII, 2655),
    or after the yeas and nays have been ordered on the demand for the
    previous question (V, 5408, 5409).

      The motion to postpone may not be applied to the main question after
    the previous question has been ordered (V, 5319-5321; VIII, 2617). The
    previous question may be applied both to the main question and a pending
    motion to refer (V, 5342; VI, 373).

    [[Page 746]]

    Sec. 999. The 40 minutes of debate on undebated
    propositions.

      Although  this clause allows 40 minutes of debate when the
    previous question is ordered on a proposition on which there has been no
    debate (V, 6821; Mar. 22, 1990, p. 4996), any previous debate on the
    merits of the main proposition precludes the 40 minutes (V, 5499-5502).
    The demand for 40 minutes of debate: must come before the vote is taken
    on the main question (V, 5496); is not available when the question on
    which the previous question is ordered is otherwise nondebatable, such
    as the motion to close debate (VIII, 2555, 2690); is not available on an
    undebated amendment where the motion for the previous question covers
    both the amendment and the original proposition, which has been debated
    (V, 5504); and is not available on incidental motions (V, 5497-5498), on
    propositions previously debated in Committee of the Whole (V, 5505), on
    conference reports accompanying measures that were debated before being
    sent to conference (V, 5506-5507), or on ancillary measures, such as a
    concurrent resolution to correct an enrolled bill (V, 5508). Debate
    allowed under this provision is equally divided and controlled between
    the person demanding the time and a Member representing the opposition
    (Sept. 13, 1965, pp. 23602-06; May 8, 1985, p. 11073). Priority in
    recognition for time in opposition is accorded to a Member truly opposed
    (VIII, 2689).

    Sec. 1000. Questions of order pending the motion for the
    previous question.

      (b)  Incidental questions of order arising during the
    pendency of a motion for the previous question shall be decided, whether
    on appeal or otherwise, without debate.

      This provision was adopted in 1837 to prevent delay by debate on
    points of order after the demand for the previous question (V, 5448).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XVII (H. Res. 5, Jan. 6,
    1999, p. ----). Under the present practice, since debate on points of
    order is entirely within the control of the Chair, he may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (Mar. 27, 1926, p. 6469).

      A question of privilege relating to the integrity of action of the
    House itself has been distinguished from ordinary questions of order and
    has been thrown open to debate after the ordering of the previous
    question (III, 2532).

                                                          Rule XIX, clause 2
    Rule XIX, clause 2
    Recommit

    1001. Recommit.

      2. (a)  After the previous question has been
    ordered on passage or adoption of a measure, or pending a motion to that
    end, it shall be in order to move that the House recommit (or commit, as
    the case may be) the measure, with or without instructions, to a
    standing or select committee. For such a motion to recommit, the Speaker
    shall give preference in recognition to a Member, Delegate, or Resident
    Commissioner who is opposed to the measure.

    [[Page 747]]

      (b) Except as provided in paragraph (c), if a motion that the House
    recommit a bill or joint resolution on which the previous question has
    been ordered to passage includes instructions, it shall be debatable for
    10 minutes equally divided between the proponent and an opponent.

      (c) On demand of the floor manager for the majority, it shall be in
    order to debate the motion for one hour equally divided and controlled
    by the proponent and an opponent.

      That portion of the clause relating to debate on the motion to
    recommit with instructions (former clause 4 of rule XVI) was included as
    section 123 of the Legislative Reorganization Act of 1970 and was made a
    part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 14). That provision was also amended in the 99th Congress to
    provide that on the demand of the majority floor manager of a bill or
    joint resolution, the 10 minutes of debate on a motion to recommit with
    instructions, the previous question having been ordered, may be extended
    to one hour, equally divided and controlled (H. Res. 7, Jan. 3, 1985, p.
    393). When the House recodified its rules in the 106th Congress, it
    consolidated the last sentence of former clause 1 of rule XVII and
    provisions of former clause 4 of rule XVI, addressing the motion to
    recommit, under this clause (H. Res. 5, Jan. 6, 1999, p. ----). For a
    general discussion of the motion to refer see Sec. 916, supra. When the
    previous question is ordered on a bill to final passage, debate on a
    straight motion to recommit under this clause is no longer in order and
    only a motion to recommit with instructions is debatable for the 10
    minutes specified in the rule (June 22, 1995, p. 16844). Prior to the
    amendment of this clause in the 92d Congress, no debate was permitted on
    a motion to recommit with instructions after the previous question was
    ordered (V, 5561, 5582-5584; VIII, 2741). The 10 minutes of debate
    provided under this clause on motions to recommit with instructions does
    not apply to a motion to recommit with instructions a simple or
    concurrent resolution or conference report, since the clause limits its
    applicability to bills and joint resolutions (Nov. 15, 1973, p. 37151;
    Mar. 29, 1976, p. 8444; Speaker O'Neill, June 19, 1986, p. 14698). The
    manager of a bill or joint resolution, if opposed, and not the proponent
    of a motion to recommit with instructions has the right to close
    controlled debate on a motion to recommit (Speaker Wright, Dec. 3, 1987,
    p. 34066); the Member recognized for five minutes in favor of the motion
    may not reserve time (Speaker Wright, June 29, 1988, p. 16510; June 29,
    1989, p. 13938).

    [[Page 748]]

    yield to another Member to offer an amendment to the motion if the
    previous question has not been ordered on the motion to recommit
    (Speaker Albert, July 19, 1973, p. 24967).
      The ordering of the previous question on a bill and all amendments to
    final passage precludes debate (other than that specified in clause 2 of
    rule XIX) on a motion to recommit but does not exclude amendments to
    such motion (V, 5582; VIII, 2741) and unless the previous question is
    ordered on a motion to recommit with instructions, the motion is open to
    amendment germane to the bill (see V, 6888; VIII, 2711), and a
    substitute striking out all of the proposed instructions and
    substituting others cannot be ruled out as interfering with the right of
    the minority to move recommitment (VIII, 2759). The Member offering a
    motion to recommit a bill with instructions may, at the conclusion of
    the 10 minutes of debate thereon,

      It is not in order to propose as instructions anything that might not
    be proposed directly as an amendment such as to propose an amendment
    that is not germane (V, 5529-5541, 5834, 5889; VIII, 2705, 2707, 2708),
    such as to amend or eliminate an amendment adopted by the House (V,
    5531; VIII, 2712, 2714, 2715, 2720-2724), to propose an amendment in
    violation of clauses 2, 4, or 5 of rule XXI (V, 5533-5540; Sept. 1,
    1976, p. 28883; Sept. 19, 1983, p. 24646; Speaker Foley, Aug. 1, 1989,
    p. 17159, and Aug. 3, 1989, p. 18546, each time sustained by tabling of
    appeal; July 1, 1992, p. 17294; June 22, 1995, p. 16844); but it has
    been held in order to reoffer an amendment rejected by the House (VIII,
    2728). 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 the 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 (Jan.
    11, 1934, pp. 479-83); however, that precedent should be read in light
    of clause 6(c)(2) of rule XIII which precludes the Rules Committee from
    reporting a rule that would prevent a motion to recommit from including
    amendatory instructions. Where an amendment in the nature of a
    substitute has been adopted, and no motion to recommit with an amendment
    is in order, the minority has sometimes used a motion that directs a
    committee to study an issue and to report ``promptly'' its
    recommendations (Mar. 29, 1990, p. 1834). Instructions must be germane
    to the bill regardless of whether they directly propose an amendment
    thereto (Sept. 23, 1992, p. 27178). In the 104th Congress the rules were
    amended to preclude the Committee on Rules from reporting a special
    order that would prevent the Minority Leader or his designee from
    offering a motion to recommit with instructions to report back an
    amendment otherwise in order (but for the adoption of a prior
    amendment). See Sec. 857, supra.

    [[Page 749]]

    it is before the committee as a new subject (IV, 4557; V, 5558), but the
    committee must confine itself to the instructions, if there be any (IV,
    4404; V, 5526). Where the House has recommitted a bill to a committee
    with instructions to report it back forthwith with certain amendments,
    the amendments must be adopted by the House after the report by the
    committee (VIII, 2734).
      It has been a practice to permit a motion to recommit with
    instructions that the committee report ``forthwith,'' in which case the
    chairman makes report at once without awaiting action by the committee
    (V, 5545-5547; VIII, 2730), and the bill is before the House for
    immediate consideration (V, 5550; VIII, 2735). If one motion to recommit
    is ruled out, a proper motion is admissible (VIII, 2736, 2760, 2761,
    2763). Similarly, if the House votes pursuant to section 426(b)(3) of
    the Congressional Budget Act of 1974 not to consider a motion to
    recommit against which a Member has made a point of order under section
    425(a) of that Act, a proper motion to recommit remains available (Mar.
    28, 1996, p. 6932). The motion may be withdrawn in the House at any time
    before action or decision thereon (VIII, 2764). The simple motion to
    recommit and the motion to recommit with instructions are of equal
    privilege and have no relative precedence (VIII, 2714, 2758, 2762; Nov.
    25, 1970, p. 38997). When a bill is recommitted

    [[Page 750]]

      As stated in this clause, recognition to offer the 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 (Speaker
    Martin, Mar. 19, 1954, p. 3967); and the Speaker looks first to the
    Minority Leader or his designee (as imputed by the form of former clause
    4(b) of rule XI adopted in the 104th Congress (current clause 6(c) of
    rule XIII)), then to minority members of the committee reporting the
    bill, in order of their rank on the committee (Speaker Garner, Jan. 6,
    1932, p. 1396; Speaker Byrns, July 2, 1935, p. 10638), then to other
    Members on the minority side (Speaker Rayburn, Aug. 16, 1950, p. 12608).
    Until a qualifying minority Member has had his motion read by the Clerk,
    he is not entitled to the floor so as to prevent another qualifying
    senior minority member from the reporting committee from seeking
    recognition to offer the motion to recommit (Speaker O'Neill, Apr. 24,
    1979, p. 8360). If no Member of the minority qualifies, a majority
    Member who is opposed to the bill may be recognized (Speaker Garner,
    Apr. 1, 1932, p. 7327). The priority of recognition of a Member of the
    minority who is opposed is not diminished by the fact that the minority
    party may have successfully led the opposition to the previous question
    on the special order governing consideration of the bill and offered a
    ``modified-closed'' rule permitting only minority Members to offer
    perfecting amendments to the majority text (June 26, 1981, p. 14740).
    But while the motion to recommit is the prerogative of the minority if
    opposed, a Member who in the Speaker's determination leads the
    opposition to the previous question on the motion to recommit, such as
    the chairman of the committee reporting the bill, is entitled to offer
    an amendment to the motion to recommit, regardless of party affiliation
    (June 26, 1981, pp. 14791-93). A Member who is opposed to the bill ``in
    its present form'' (i.e., in the form before the House when the motion
    is made) qualifies to offer the motion (Speaker Martin, Apr. 15, 1948,
    p. 4547; Speaker McCormack, Mar. 12, 1964, p. 5147; Speaker Albert, Feb.
    19, 1976, p. 3920). The Chair does not assess the degree of a Member's
    opposition (Oct. 23, 1991, p. 28258). These principles of recognition
    have been applied to motions to ``commit'' or ``recommit'' simple or
    concurrent resolutions as well under former clause 1 of rule XVII
    (current clause 1 of rule XIX) in situations where the resolution or a
    similar measure has been reported from committee (Nov. 28, 1979, p.
    33914).

    Sec. 1002. The motion to commit in relation to the
    previous question.

      The  motion to commit under this rule applies to
    resolutions of the House alone as well as to bills (V, 5572, 5573; VIII,
    2742), and to a motion to amend the Journal (V, 5574). It does not apply
    to a report from the Committee on Rules providing a special order of
    business (V, 5593-5601; VIII, 2270, 2750), or to a pending amendment to
    a proposition in the House (V, 5573). Although a motion to commit under
    this clause, with instructions to report 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
    (V, 5575; VIII, 2744, 2745), a motion to commit under this rule does not
    apply to a motion disposing of Senate amendments after the stage of
    disagreement where utilized to displace a pending preferential motion
    (Speaker Albert, Sept. 16, 1976, p. 30887).

      The motion to commit may be made pending the demand for the previous
    question on the passage, whether a bill or resolution be under
    consideration (V, 5576); but when the demand covers all stages of the
    bill to the final passage the motion to commit is made only after the
    third reading, and is not in order pending the demand or before the
    engrossment or third reading (V, 5578-5581). 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 be made only after
    the previous question is ordered on the passage (V, 5577). When the
    previous question has been ordered on a simple resolution (as
    distinguished from a joint resolution) and a pending amendment, the
    motion to commit should be made after the vote on the amendment (V,
    5585-5588). 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 (VIII, 2755; Jan. 5, 1981, p. 111).

      It was formerly held that the opponents of a bill had no claim to
    prior recognition to make the motion (II, 1456), but under this clause
    the prior right to recognition is given to an opponent on a bill or
    joint resolution pending final passage. The right to move to recommit a
    House bill with a Senate amendment belongs to a Member who is opposed to
    the whole bill in preference to a Member who is merely opposed to the
    Senate amendment (VIII, 2772). Where the previous question has been
    ordered on both the pending resolution and its preamble, a Member may
    qualify to offer a motion to recommit on the basis of his opposition to
    the preamble, even though it is not otherwise subject to separate vote
    or amendment (Feb. 12, 1998, p. ----). A Member rising in opposition to
    a motion to recommit must likewise qualify as opposed to the motion
    (Apr. 29, 1999, p. ----).

    [[Page 751]]

    to commit a resolution called up as a privileged matter without having
    been referred to committee does not depend on opposition to the
    resolution or on party affiliation (Speaker Albert, Feb. 19, 1976, p.
    3920). When the House refused to order a bill to be engrossed and read a
    third time the motion to commit may not be made (V, 5602, 5603).
      An opponent has priority in recognition to offer a motion to commit a
    simple or concurrent resolution under this clause, and the Speaker looks
    first to the Minority Leader or his designee (as he would for a motion
    to recommit), and then to minority members on the committee of
    jurisdiction in order of seniority (VIII, 2764; Nov. 28, 1979, p. 33914;
    Procedure, ch. 23, sec. 13.1), except that recognition to offer a motion
    under this clause

      The motion to refer under this rule after the previous question is
    ordered is not debatable (V, 5582), except as provided in clause 2 of
    rule XIX; but may be amended, as by adding instructions, unless such
    amendment be precluded by moving the previous question (V, 5582-5584;
    VIII, 2695). Unless the previous question is ordered, an amendment
    (including one in the nature of a substitute) is in order on a motion to
    commit with instructions (VIII, 2698, 2759), but the amendment should be
    germane (V, 6888; VIII, 2711).

      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749). Thus, a motion to recommit a bill to a standing
    committee with recommendations for producing legislation that the
    President could sign was held inadmissible in both form and content
    (Feb. 27, 1992, p. 3778). The motion may not be laid on the table after
    the previous question has been ordered (V, 5412-5414). Only one motion
    to commit is in order (V, 5577, 5582, 5585; VIII, 2763), but where a
    bill is recommitted under this motion the previous question being
    pending but not ordered on final passage and, having been reported
    again, is again amended and subjected to the previous question, another
    motion to commit is in order after the engrossment and third reading (V,
    5591). And where one motion to recommit was ruled out of order, the
    Speaker entertained a proper motion to recommit (VIII, 2763).

      When a special order declares that at a certain time the previous
    question shall be considered as ordered on a bill to the final passage,
    it has usually, but not always, been held that a motion to commit is
    precluded (IV, 3207-3209). Under clause 6(c) of rule XIII (former clause
    4(b) of rule XI) the Committee on Rules is prohibited from reporting
    such special order that precludes the motion to recommit in clause 2 of
    rule XIX (VIII, 2260, 2262-2264; see also Sec. 1001, supra). That
    provision was amended in the 104th Congress to further prohibit the
    Committee on Rules from denying the Minority Leader or his designee the
    right to include proper amendatory instructions in a motion to recommit
    (sec. 210, H. Res. 6, Jan. 4, 1995, p. 460). Where a special order
    providing for consideration of a matter in the House provides that the
    previous question shall be considered as ordered thereon without
    intervening motion, and does not simply state that the previous question
    be considered as ordered after debate, the previous question is
    considered as ordered from the beginning of the debate, precluding the
    consideration of any intervening motion (Mar. 12, 1980, pp. 5387-93).

    [[Page 752]]

    Reconsideration
                                                          Rule XIX, clause 3
    Rule XIX, clause 3

    1003. The motion to reconsider.

      3.  When a motion has been
    carried or lost, it shall be in order on the same or succeeding day for
    a Member on the prevailing side of the question to enter a motion for
    the reconsideration thereof. The entry of such a motion shall take
    precedence over all other questions except the consideration of a
    conference report or a motion to adjourn, and may not be withdrawn after
    such succeeding day without the consent of the House. Once entered, a
    motion may be called up for consideration by any Member. During the last
    six days of a session of Congress, such a motion shall be disposed of
    when entered.

      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). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 1
    of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).

      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 753]]

    2775, 2785; Sept. 23, 1992, p. 27196); but a Member who was absent (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). When proxy voting
    was permitted in committee, it was generally held that a member who was
    not present at a vote, but cast his vote by proxy, did 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 (Aug. 15, 1986, p. 22139). The
    Chair, having voted on the prevailing side, may offer the motion to
    reconsider by stating the pendency of the motion (Oct. 9, 1997, p. ----
    ).

    Sec. 1004. 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 III; 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,

    [[Page 754]]

    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 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. 1005. 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, p. 12663). 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

    Sec. 1006. 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). However, unanimous consent is required to initiate
    reconsideration of a measure passed by both Houses (IV, 3466-3469). 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 6(b) of rule XIII (former clause 4(b) of rule XI)
    (Sept. 25, 1990, p. 25575).

    [[Page 755]]

    dent (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, p. 25512). After disposition of a conference report and
    amendments reported from conference in disagreement, it is in order on
    the same day 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,
    p. 10990). 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.
    27644). It is not in order to reconsider a negative vote on the motion
    to suspend the rules (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. ----
    ), although it is in order to reconsider an affirmative vote on that
    motion (Sept. 28, 1996, p. ----). It is not in order to reconsider a
    vote on reconsideration of a bill returned with the objections of the
    Presi

    [[Page 756]]

    ordering of the yeas and nays on a question before the question has been
    finally decided (V, 5689-5691, 6029; VIII, 2790; Sept. 24, 1997, p. ----
    ); 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, p. 25512).

    Sec. 1007. 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 undisposed 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, even though a motion to reconsider may not have
    been disposed of (V, 5704, note). 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

    Sec. 1008. 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. 1009. 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, p. 16497); 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. 1010. 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. 25575) and the application
    of the previous question makes a motion to reconsider nondebatable (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).

                                                          Rule XIX, clause 4
    Rule XIX, clause 4

    Sec. 1011. Application of motion to reconsider to bills in
    committees.

      4.  A bill, petition, memorial, or resolution referred to a
    committee, or reported therefrom for printing and recommitment, may not
    be brought back to the House on a motion to reconsider.

    [[Page 757]]

    (V, 5647). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2 of rule XVIII, and in
    recodification a provision requiring written reports was deleted as
    redundant of the requirement contained in clause 2 of rule XIII (H. Res.
    5, Jan. 6, 1999, p. ----). 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 (former clause 2 of rule XVIII) 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