[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Rules of the House of Representatives]
[Pages 788-803]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                                Rule XIX


Previous question
                  motions following the amendment stage


[[Page 789]]

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 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


  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. 47).

  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).


[[Page 790]]

to the preamble, unless the motion so 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. 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 and 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, 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



[[Page 791]]



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), which must be put first (V, 5480; VIII, 
2609, 2684). 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).


  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 
from the beginning of debate to final passage without intervening motion 
(IV, 3211-3213, June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969).




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 amendment 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. 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.



[[Page 792]]

in former clause 3 of rule XVII (H. Res. 5, Jan. 6, 1999, p. 47). The 
Chair may recognize and respond to a parliamentary inquiry although the 
previous question may have been demanded (Mar. 27, 1926, p. 6469).
  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


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 debated after the ordering of the previous question (III, 
2532).



1001. Recommit.

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


  (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.


[[Page 793]]

(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.
  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



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 amendments after the stage of disagreement where utilized to 
displace a pending preferential motion (Speaker Albert, Sept. 16, 1976, 
p. 30887).


  The motion to commit may be made pending the demand for the previous 
question on 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).


[[Page 794]]

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. 10725).
  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

  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).



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). 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 (July 26, 2006, p. ----), a Member under 
recognition may yield to another while remaining on his feet (Feb. 27, 
2002, p. 2081).



[[Page 795]]

with by unanimous consent) (Feb. 27, 2002, p. 2084). An amendment to a 
motion to recommit is not debatable (Feb. 27, 2002, p. 2084). 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).
  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

  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 reports 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) 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) an 
amendment in violation of clause 2 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. 11072).

  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) of rule XIII, which precludes the Committee on Rules from 
reporting a rule that would prevent a motion to recommit from including 
amendatory instructions (see Sec. 857, supra).


[[Page 796]]

to (Sept. 23, 1992, p. 27178). The adoption of a motion to recommit with 
instructions to report back ``forthwith''occasions an immediate report 
on the floor. The adoption of a motion to recommit with other 
instructions, however, 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; May 3, 2007, p. ----).
  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 there

  Only one motion to commit is in order (V, 5577, 5582, 5585; VIII, 
2763). If a 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. ----).

  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).


[[Page 797]]



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).


  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 a 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) and 
accepts a Member's averment of opposition (Nov. 9, 2005, p.----; Apr. 
26, 2006, p. ----; May 4, 2006, p. ----). 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 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 Chair also advised that it is 
not a violation of the rules for a Member to vote for passage after 
asserting opposition to a measure in order to qualify to offer a motion 
to recommit, and it is not the province of the Chair to instruct a 
Member how to vote (Apr. 26, 2006, p. ----).


[[Page 798]]

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) or obtain unanimous consent if not 
(e.g., Mar. 14, 2007, p. ----).

Reconsideration
  The priority in 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 is entitled to offer 
an amendment to the motion to recommit, regardless of party affiliation, 
such as the chairman (June 26, 1981, pp. 14791-93) or another majority-
party member (Feb. 27, 2002, pp. 2080-85) of the committee reporting the 
bill. 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




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. 47).


[[Page 799]]

  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 800]]

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 (V, 5656). It also takes precedence of the motion to resolve 
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 that 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


  The motion to reconsider is in order in 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 practice in 
the standing committees, 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).



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 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).



[[Page 801]]

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 said vote having again been taken, a 
second motion to reconsider may not be made unless the nature of the 
proposition has been changed by amendment (V, 5685-5688; VIII, 2788; 
Sept. 20, 1979, p. 25512). After disposition of a conference report and 
amendments reported from conference in disagreement, it is in order on 
the same day to move to reconsider the vote on a motion disposing of one 
of the amendments; but laying on the table a motion to reconsider the 
vote whereby the House has amended a Senate amendment does not preclude 
the House from acting on a subsequent Senate amendment to that House 
amendment, or considering any other proper motion to dispose of an 
amendment that might remain in disagreement after further Senate action 
(Oct. 5, 1983, p. 27323). For a discussion of the application of the 
motion to reconsider in committees, see Sec. 416, supra.
  The motion may not be applied to negative votes on motions to adjourn 
(V, 5620-5622), or for a recess (V, 5625), or to resolve into Committee


[[Page 802]]

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).


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




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).



[[Page 803]]

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. 1010. Debate on the motion to reconsider.

  A  motion to 
reconsider is debatable only if the proposition 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;





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).