    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Rules of the House of Representatives]
    [Pages 780-794]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 780]]

                                    Rule XIX

    Previous question
                      motions following the amendment stage

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

    [[Page 781]]

    motion to commit from clause 1 of rule XVII to clause 2 of this rule (H.
    Res. 5, Jan. 6, 1999, p. 47).
      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

      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).

    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. 15793). 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 782]]

    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. 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

    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).

      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. ----).

    [[Page 783]]

    ment and the original proposition, which has been debated (V, 5504)
    (although when the previous question is ordered merely on an amendment
    that has not been debated, the 40 minutes are allowed (V, 5503)); (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); (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 (V, 5495;
    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. 999. The 40 minutes of debate on undebated
    propositions.

      This  clause allows 40 minutes of debate when 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; Mar.
    22, 1990, p. 4996). However, 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 amend

    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. 47). 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 784]]

    dent 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 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 Resi

      (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 (formerly 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. 47). For a general discussion
    of the motion to refer see Sec. 916, supra.

    [[Page 785]]

    ments 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
    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). 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 amend

      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 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 (formerly
    clause 4(b) of rule XI) the Committee on Rules is prohibited from
    reporting a special order that precludes the motion to recommit as
    provided 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. ----).

      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).

    [[Page 786]]

    in the rule (June 22, 1995, p. 16844). Before 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. ----).

    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

      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).

      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).

    [[Page 787]]

    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. 9151).

      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; June 22, 2005, p. ----).
    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).

      A motion to recommit with instructions was ruled out of order before
    the entire motion had been read as a matter of form where a special
    order of business precluded instructions (May 6, 2004, p. ----).

    [[Page 788]]

    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).
      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

      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. 47), 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 789]]

    Members to reflect on the importance of the Chair's being able to rely
    on the veracity of a Member's assertion, when qualifying to offer a
    motion to recommit, that he is opposed to the bill; and he recited to
    the Members the following apology by the ranking minority member of the
    Committee on Appropriations in 1979: ``The honorable, if not technical,
    duty of a Member offering a motion to recommit is to vote against the
    bill on final passage'' (Speaker Hastert, June 23, 2005, p. ----,
    quoting from Deschler-Brown, ch. 29, Sec. 23.49).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. 1333). A Member rising in opposition to a motion to
    recommit must likewise qualify as opposed to the motion (Apr. 29, 1998,
    p. 7156).

    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 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). In response to a
    parliamentary inquiry, the Chair requested all

    [[Page 790]]

    sion of Congress, such a motion shall be disposed of when entered.

    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 ses

      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. 47).

      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. 22017).

    [[Page 791]]

    tion 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). 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 ques

      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 792]]

    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
    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 (formerly 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

    [[Page 793]]

    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.
    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,

    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. 19946); 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 record vote, the Speaker put
    the question de novo and entertained a new demand for a record vote
    (Sept. 20, 1979, p. 25512).

    [[Page 794]]

    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 (formerly 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. 47). 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).