    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Rules of the House of Representatives]
    [Pages 821-837]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule XIX

    Previous question
                      motions following the amendment stage

    [[Page 822]]

    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 questions
    allowable under the rules, or on an amendment or amendments, or may
    embrace all

      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 the
    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). The motion does not require a second (Oct. 26,
    2015, p. _).

    [[Page 823]]

    on a resolution and on its preamble. 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 to the preamble, unless the motion so specifies (V, 5469,
    5470). Thus, the practice of the House is for special rules to order the
    previous question

    [[Page 824]]

    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 of the floor (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 chair 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, that Member 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 surrendering 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), another Member may move the previous question on the bill or
    resolution before the Member offering the amendment is recognized to
    debate it (Deschler, ch. 23, Sec. 18.3; July 24, 1979, p. 20385). A
    Member recognized to control one hour of debate in the House may move
    the previous question even if that Member had previously yielded time to
    others (Mar. 9, 1977, p. 6811, 6816). But, 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), 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).

      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). Neither the motion to adjourn (IV,
    3211-3213; June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969) nor the
    motion to amend (Mar. 17, 2016, p. _) is available when the previous
    question has been ordered by special rule from the beginning of debate
    to final passage or adoption without intervening motion. Under clause 4
    of rule XVI, the motion for the previous question is preferential to the
    motion to amend (Oct. 26, 2015, p. _).

    [[Page 825]]

    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) but not before it is ordered (Nov. 6, 2007, p.
    29820). 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 the 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.

      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). The Chair may recognize and respond to a parliamentary
    inquiry although the previous question may have been demanded (Mar. 27,
    1926, p. 6469).

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

    Sec. 1000a. Postponement.

      (c)  Notwithstanding paragraph (a),
    when the previous question is operating to adoption or passage of a
    measure pursuant to a special order of business, the Chair may postpone
    further consideration of such measure in the House to such time as may
    be designated by the Speaker.

    Recommit
      This provision was adopted in the 111th Congress (sec. 2(f), H. Res.
    5, Jan. 6, 2009, p. 7). This authority has been exercised with regard to
    a motion to dispose of amendments between the Houses (e.g., Nov. 18,
    2010, p. 17856).

    [[Page 826]]

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

      (2) A motion to recommit a bill or joint resolution may include
    instructions only in the form of a direction to report an amendment or
    amendments back to the House forthwith.

      (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 827]]

      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). Paragraph
    (c) and an earlier form of paragraph (b), 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). Paragraph (b) was amended in the 111th Congress
    to allow for debate on the straight motion, and subparagraph (2) was
    added to restrict the range of permissible instructions to those
    ``forthwith'' (sec. 2(g), H. Res. 5, Jan. 6, 2009, p. 7). 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.

    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 the 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 828]]

    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 the 104th Congress to
    further prohibit the Committee on Rules from denying the Minority Leader
    or a 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

      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.

      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 does not apply to a motion to recommit a simple or
    concurrent resolution or a conference report, because 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;
    June 30, 2010, p. 12462). 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 is not ``controlled,'' and therefore
    Members may not reserve or yield blocks of time (July 26, 2006, p.
    16072), a Member under recognition may yield to another while remaining
    standing or otherwise retaining the floor (Feb. 27, 2002, p. 2081).

      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.
    2084). An amendment to a motion to recommit is not debatable (Feb. 27,
    2002, p. 2084). An amendment striking all of the proposed instructions
    and substituting others cannot be ruled out as interfering with the
    right of the minority to move recommittal (VIII, 2698, 2759). The Member
    offering a motion to recommit a bill with instructions may, at the
    conclusion of the 10 minutes of debate thereon, yield to another Member
    to offer an amendment to the motion if the previous question has not
    been ordered on the motion to recommit (Speaker Albert, July 19, 1973,
    p. 24967).

    [[Page 829]]

      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). If the House adopts a motion to recommit with
    instructions that the committee report ``forthwith,'' the chair reports
    at once without awaiting action by the committee (V, 5545-5547; VIII,
    2730), the bill is before the House for immediate consideration (V,
    5550; VIII, 2735), the amendment(s) must be adopted by the House (VIII,
    2734), and an amendment may be divided if otherwise divisible (June 29,
    1993, p. 14618; May 28, 2010, p. 9946). When recommitted without such
    instructions, the measure is before the committee anew (IV, 4557; V,
    5558). In response to parliamentary inquiries, the Chair advised that a
    motion without instructions if adopted would return the measure to
    committee without temporal limit on its consideration, but if rejected
    would not return the measure to committee and instead the Chair would
    next put the question on passage of the bill (Oct. 27, 2015, p. _).

      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). 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 (May 9, 2003, p. 11072) or a conference report (Sept. 29, 1994, p.
    26781) does not inure to the motion to recommit.

      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).

      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).

    [[Page 830]]

    a point of order under section 425(a) of that Act, a proper motion to
    recommit remains available (Mar. 28, 1996, p. 6932).
      Only one motion to commit is in order (V, 5577, 5582, 5585; VIII,
    2763). If a motion to recommit is ruled out, a proper motion is
    admissible (VIII, 2736, 2760, 2761, 2763; June 22, 2005, p. 13540).
    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 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, pp. 8590, 8591).
    A point of order against a motion to recommit that initially is reserved
    pending its reading may be insisted upon before commencement of debate
    thereon (July 12, 2007, p. 18843) but not after (Mar. 5, 2008, p. 3296).

      Before the adoption of paragraph (b)(2) in the 111th Congress, it was
    permissible to direct a committee to study an issue (with or without
    amendatory instructions) and to report ``promptly'' its recommendations
    (e.g., Mar. 29, 1990, p. 6042) as long as they were germane and not
    argumentative (Sept. 23, 1992, p. 27178). Such motions sent the bill or
    joint resolution 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. 11187). When a bill was so recommitted,
    the committee had to confine itself to the instructions (IV, 4404; V,
    5526).

    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 831]]

    mit (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, pp. 25640,
    25643; Apr. 26, 2006, pp. 6196, 6197; May 4, 2006, pp. 7031, 7032; Oct.
    27, 2015, 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, of
    opposition to the bill; and the Chair 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. 13845, 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. 6197).
      When applying this rule the Speaker looks first to the Minority Leader
    or a 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 the motion read by the Clerk, that Member 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 recom

    [[Page 832]]

    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 chair (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 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 opposition to the preamble, even
    though it is not otherwise subject to separate vote or amendment (Feb.
    12, 1998, p. 1333). A Member seeking recognition in opposition to a
    motion to recommit must likewise qualify as opposed to the motion (Apr.
    29, 1998, p. 7156; Oct. 27, 2015, p. _) or obtain unanimous consent if
    not (e.g., Mar. 14, 2007, p. 6386) and the Chair requires a Member to
    state opposition to the motion before recognizing that Member in
    opposition (Oct. 27, 2015, p. _).

    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).

      The motion is not used in the Committee of the Whole (IV, 4716-4718;
    VIII, 2324, 2325; June 23, 2011, p. 9954), 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).

    [[Page 833]]

    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). 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
    Speaker, having voted on the prevailing side, has moved reconsideration
    from the floor (June 12, 2015, p. _). 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).

    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 such Member 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, any Member, irrespective of whether voting with the
    majority or not, may make the motion to reconsider (V, 5611-5613, 5689;
    VIII, 2775, 2785; Sept. 23,

    [[Page 834]]

    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 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 or her
    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

      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 the 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 835]]

    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). When
    a question that is subject to the motion to reconsider is divided, each
    portion of the divided question may be subjected separately to the
    motion to reconsider (e.g., Jan. 5, 2007, pp. 300, 301; June 12, 2015,
    p. _). 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
    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), but recent practice does not admit
    the motion (House Practice, ch. 47, Sec. 12). 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

    [[Page 836]]

    ation 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
    the 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 oper

    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 837]]

    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; 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).