[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
[108th Congress]
[House Document 107-284]
[Rules of the House of Representatives]
[Pages 773-788]
[From the U.S. Government Printing Office, www.gpo.gov]


 
                                Rule XIX


Previous question
                  motions following the amendment stage


[[Page 774]]

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 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


  The House adopted a rule for the previous question in 1789, but did 
not turn it 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 775]]

even though brief, before the ordering of the previous question (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. 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 an otherwise debatable proposition on which there 
has been no debate (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602) 
unless there has been debate,



[[Page 776]]



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, or on motions to agree to a conference report while 
also to dispose of differences not included in the report, except by 
unanimous consent (V, 5461-5465). When ordered on a motion to send to 
conference, it 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).




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). 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 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 
(or offers an amendment himself), another Member may move the 
previous question before the Member offering the amendment is recognized 
to debate it (Deschler, ch. 23, Sec. 18.3; 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 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. 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); and it may not 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).



[[Page 777]]

  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). The motion to adjourn is not 
available when the previous question has been ordered by special rule to 
final passage without intervening motion (IV, 3211-3213, June 14, 2001, 
p. ----; Apr. 18, 2002, p. ----).




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). It is not available: (1) when the 
question on which the previous question is ordered is otherwise 
nondebatable, such as the motion to close debate (VIII, 2555, 2690); (2) 
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); (3) on incidental motions (V, 5497-5498), (4) on 
propositions previously debated in Committee of the Whole (V, 5505); (5) 
on conference reports accompanying measures that were debated before 
being sent to conference (V, 5506-5507), or (6) 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, the Chair may 
recognize and respond to a parliamentary inquiry although the previous 
question may have been demanded (Mar. 27, 1926, p. 6469).


Recommit
  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).


[[Page 778]]

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.


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


  (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.

  The motion to commit or recommit described in paragraph (a) was added 
to the previous question rule (former clause 1 of rule XVII) in 1880 (V, 
5443). The portion of paragraph (a) that gives preference in recognition 
to one opposed to the measure was added to former clause 4 of rule XVI 
in the 61st Congress (Mar. 15, 1909, pp. 22-34). Paragraphs (b) and (c), 
relating to debate on the motion to recommit with instructions were 
added to former clause 4 of rule XVI by section 123 of the Legislative 
Reorganization Act of 1970 and made a part of the standing rules in the 
92d Congress (H. Res. 5, Jan. 21, 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.


[[Page 779]]

viding a special order of business (V, 5593-5601; VIII, 2270, 2750), or 
to a pending amendment to a proposition in the House (V, 5573). 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). However, 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 (Speaker Albert, Sept. 16, 1976, p. 30887).


Sec. 1002. Application of motion.

  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 pro


  The motion to commit may be made pending the demand for the previous 
question on passage (or adoption), whether a bill or resolution is under 
consideration (V, 5576). However, when the demand covers all stages of 
the bill to passage, the motion to commit is made only after the third 
reading and is not in order pending the demand or before third reading 
(V, 5578-5581). When separate motions for the previous question are 
made, respectively, on the third reading and on passage of a bill, the 
motion to commit should be made only after the previous question is 
ordered on passage (V, 5577). When the House refuses to order a bill to 
be engrossed and read a third time, the motion to commit may not be made 
(V, 5602, 5603). 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).

  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 
except with respect to a Senate measure for which the text of a 
House-passed measure has been substituted (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; June 14, 2001, p. ----
).


[[Page 780]]

motion to commit is in order after the engrossment and third reading (V, 
5591).
  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



Sec. 1002a. Consideration of motion.

  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 of 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). Although time for debate on a motion to recommit 
with instructions is not ``controlled,'' and therefore Members may not 
reserve or yield blocks of time, a Member under recognition may yield to 
another while remaining on his feet (Feb. 27, 2002, p. ----).


  Although 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, it 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). An amendment to a motion to recommit is read in full 
(unless the reading is dispensed with by unanimous consent) (Feb. 27, 
2002, p. ----). An amendment to a motion to recommit is not debatable 
(Feb. 27, 2002, p. ----). An amendment 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, 
2698, 2759). The Member offering a motion to recommit a bill with 
instructions may, at the conclusion of the 10 minutes of debate thereon, 
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).


[[Page 781]]

  The motion may be withdrawn in the House at any time before action or 
decision thereon (VIII, 2764). The motion may not be laid on the table 
after the previous question has been ordered (V, 5412-5414).



Sec. 1002b. Instructions with motion.

  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). 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).


  It is not in order to propose as instructions anything that might not 
be proposed directly as an amendment such as: (1) to propose an 
amendment that is not germane (V, 5529-5541, 5834, 5889; VIII, 2705, 
2707, 2708); (2) to amend or eliminate an amendment adopted by the House 
(unless permitted by special order) (V, 5531; VIII, 2712, 
2714, 2715, 2720-2724); (3) 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); or (4) to change the Rules 
of the House by authorizing a committee to report at any time (V, 5543) 
or directing a committee to report by a date certain (V, 5549). However, 
it has been held in order to reoffer an amendment rejected by the House 
(VIII, 2728). A waiver of all points of order against 
consideration of a bill does not inure to the motion to recommit (May 9, 
2003, p. ----).

  Where a special rule providing for the consideration of a bill 
prohibited the offering of amendments to a certain title of the bill (at 
any point during consideration), it was held not in order to offer a 
motion to recommit with instructions to amend the restricted title (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 (see Sec. 857, supra).

  In cases where amendatory instructions are not in order, the motion 
has directed 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). Unlike the case of a 
motion to recommit with instructions to report back ``forthwith'' (the 
adoption of which occasions an immediate report on the floor), the 
adoption of a motion to recommit with instructions to report back 
``promptly'' sends the bill to committee, whose eventual report (if any) 
would not be immediately before the House (Deschler, ch. 23, Sec. 32.25; 
May 24, 2000, p. ----).


[[Page 782]]

section 425(a) of that Act, a proper motion to recommit remains 
available (Mar. 28, 1996, p. 6932).
  Only one motion to commit is in order (V, 5577, 5582, 5585; VIII, 
2763). 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

  When a bill is recommitted, 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).

  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).



Sec. 1002c. Recognition to offer motion.

  Before  former 
clause 4 of rule XVI was amended in 1909 to give priority in recognition 
for the motion to recommit to an opponent of a bill or joint resolution 
pending final passage, it was held that the opponents of a bill had no 
claim to prior recognition (II, 1456). Although the provision as amended 
in 1909 applied only to bills and joint resolutions, the principle 
embodied in that provision was applied also to motions to recommit 
simple or concurrent resolutions or conference reports under former 
clause 1 of rule XVII (VIII, 2764; Nov. 28, 1979, p. 33914). When the 
House 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. ----), the 
sentence conferring prior recognition to the opposition was formally 
applied to all measures. However, precedents under former clause 1 of 
rule XVII still dictate that recognition to offer a motion to commit a 
resolution offered from the floor 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).



[[Page 783]]

degree of a Member's opposition (Oct. 23, 1991, p. 28258). 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). 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). 
However, although the motion to recommit is the prerogative of the 
minority if opposed, a Member who in the Speaker's determination led 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). The right to offer a motion 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. ----).

Reconsideration
  When applying this rule 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)). If 
the Minority Leader is not seeking recognition, the Speaker looks 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, senior qualifying 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 
Chair does not assess the



[[Page 784]]




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). However, 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).



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 the 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, 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. ----).



[[Page 785]]

(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). However, 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). Although 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 that 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 is 
subject to the question of consideration (VIII, 2437), and may be laid 
on the table (VIII, 2652, 2659). 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). 


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


  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). In a committee reconsideration of an amendment may 
require that the motion to report first be reconsidered, and then the 
ordering of the previous question on the measure, before a motion can be 
offered to reconsider the amendment (Cf. VIII, 2789).


[[Page 786]]

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).


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 (1932)). 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



[[Page 787]]

  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. 
25796), although it is in order to reconsider an affirmative vote on 
that motion (Sept. 28, 1996, p. 25795). It is not in order to reconsider 
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, 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.



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). 
However, 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). However, 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; 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).



[[Page 788]]



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). However, 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).





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.



  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 (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).