[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 48. Refer and Recommit]
[From the U.S. Government Printing Office, www.gpo.gov]


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                      CHAPTER 48 - REFER AND RECOMMIT

                              HOUSE PRACTICE

              A. Generally; Motions

  Sec.  1. In General
  Sec.  2. Form and Effect of Motion
  Sec.  3. Referral to Particular Committees
  Sec.  4. Motions in Committee of the Whole

              B. The Simple Motion to Refer

  Sec.  5. In General
  Sec.  6. Precedence; Relation to Other Motions
  Sec.  7. Debate on Motion

              C. Referral Pending Motion to Strike Enacting Clause

  Sec.  8. In General

              D. Referral Pending or After Ordering the Previous 
                 Question

  Sec.  9. In General; When in Order
  Sec. 10. Application of Motion
  Sec. 11. Who May Offer Motion; Recognition
  Sec. 12. Debate on Motion

              E. Recommittal Pending Final Passage

  Sec. 13. In General
  Sec. 14. Who May Offer Motion; Recognition
  Sec. 15. Debate on Motion
  Sec. 16. Effect of Special Rules

              F. Motions With Instructions

  Sec. 17. In General
  Sec. 18. Instructions to Report ``Forthwith''
  Sec. 19. Dividing the Question on Instructions
  Sec. 20. Instructions Subject to a Point of Order


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        Research References
          5 Hinds Sec. Sec. 5521-5604
          8 Cannon Sec. Sec. 2695-2773
          Deschler Ch 23 Sec. 25
          Manual Sec. Sec. 420, 427, 448-451, 494, 916, 917, 1001-1002c


                           A. Generally; Motions


  Sec. 1 . In General

      When a bill is introduced, it is referred to one or more 
  committees by direction of the Speaker. See Introduction and Reference 
  of Bills. When a bill is reported by a committee, it is referred to 
  the appropriate calendar by direction of the Speaker. See Calendars.
      Motions for the referral, committal, or recommittal of a matter to 
  a committee are permitted at certain narrowly circumscribed stages of 
  the legislative process. These motions are:

     The ordinary motion to refer ``when a question is under 
         debate'' under rule XVI clause 4. Manual Sec. Sec. 911, 916.
     The motion to recommit (or commit, as the case may be) a 
         matter to a committee pending or after the ordering of the 
         previous question thereon under rule XIX clause 2. Manual 
         Sec. 1001.
     The motion to refer a bill to a committee pending a vote in 
         the House on a motion to strike the enacting words as provided 
         in rule XVIII clause 9. Manual Sec. Sec. 988, 989.

      When the House recodified its rules in the 106th Congress, it 
  consolidated the last sentence of former rule XVII clause 1 and 
  certain provisions of former rule XVI clause 4, addressing the motion 
  to recommit, under rule XIX clause 2. Manual Sec. 1002.


  Sec. 2 . Form and Effect of Motion

      Member: Mr. Speaker, I move to refer (or commit or recommit) the 
    bill (or resolution) to the Committee on ______.

      Such motion may be subject to debate, depending on the applicable 
  rule. The motion itself may not include a preamble, argument, or 
  explanation. 5 Hinds Sec. 5589; 8 Cannon Sec. 2749. The motion may 
  include instructions. See Sec. Sec. 17-20, infra. The ``straight'' 
  motion (without instructions) sends a measure to a specified committee 
  and leaves the disposition thereof to the discretion of the committee. 
  Deschler Ch 23 Sec. 25. For a discussion of a motion to recommit or 
  commit with instructions, see Sec. Sec. 17-20, infra.

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      A ``straight'' motion to recommit and a motion to recommit with 
  instructions have equal precedence. 8 Cannon Sec. Sec. 2714, 2758.


  Sec. 3 . Referral to Particular Committees

      The motion to refer, commit, or recommit may propose a referral to 
  a named standing committee, or to two or more standing committees, 
  without regard to the usual rules governing committee jurisdiction. 4 
  Hinds Sec. Sec. 4375, 4401; 5 Hinds Sec. 5527; Deschler Ch 23 Sec. 25. 
  The motion may provide for referral to a committee other than that 
  reporting the underlying measure. 8 Cannon Sec. 2696.
      A matter may be referred on motion to the Committee of the Whole 
  (5 Hinds Sec. Sec. 5552, 5553, 6631) or to a select committee, 
  including one that is established pursuant to the motion (4 Hinds 
  Sec. 4401). However, motions for the referral of a matter to a 
  subcommittee are not in order. 8 Cannon Sec. 2739.


  Sec. 4 . Motions in Committee of the Whole

      The motions permitted by House rules for the referral of a matter 
  do not apply in Committee of the Whole. 4 Hinds Sec. 4721; 8 Cannon 
  Sec. Sec. 2326, 2327. It is in order under certain circumstances in 
  the Committee to move that the Committee rise and report back to the 
  House with the recommendation that the measure under consideration be 
  recommitted. Such a motion is entertained only at the completion of 
  the reading of the bill for amendment, and it is usually precluded by 
  the language of a special rule from the Committee on Rules ordering 
  the previous question. Manual Sec. 916; 4 Hinds Sec. Sec. 4761, 4762; 
  Deschler Ch 23 Sec. 26.5.
      The House, while acting in the House as in the Committee of the 
  Whole, may refer a matter to a committee. 4 Hinds Sec. Sec. 4931, 
  4932.


                       B. The Simple Motion to Refer


  Sec. 5 . In General

                         Generally; When to Offer

      A simple motion to refer is permitted by rule XVI clause 4(a) 
  ``when a question is under debate.'' Manual Sec. Sec. 911, 916. This 
  motion is in order pending the consideration of the underlying matter. 
  The motion may be offered by any Member, who need not qualify as being 
  in opposition to the pending question. Deschler Ch 23 Sec. 25.

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      The motion to refer under rule XVI clause 4 may be offered before 
  the proponent of the proposition is recognized to control debate on 
  the underlying measure. Deschler-Brown Ch 29 Sec. 68.51. The motion 
  may not be offered while another Member holds the floor in debate. 6 
  Cannon Sec. 468; 8 Cannon Sec. 2742. Once disposed of, it cannot be 
  offered again at the same stage of the question on the same day. 
  Manual Sec. 911.

                           Application of Motion

      A measure before the House under the general rules of the House is 
  subject to the motion. The motion is applicable to a measure called up 
  from the House Calendar, including a resolution from the Committee on 
  House Administration, a resolution adopting the rules of the House, to 
  an article of impeachment, and to a resolution raising a question of 
  the privileges of the House. 6 Cannon Sec. 549; Deschler Ch 1 Sec. 9; 
  Deschler-Brown Ch 29 Sec. 68.51. The motion has been applied to a 
  vetoed bill, with or without the veto message. 4 Hinds Sec. Sec. 3550, 
  3551; for referral of Presidential messages, see Manual Sec. 875.

                        Referral With Instructions

      The motion to refer may include instructions or be amended to 
  include instructions. 5 Hinds Sec. 5521. If the previous question is 
  rejected on the motion, amendments including proper instructions in 
  the motion are in order. Manual Sec. 917; for instructions generally, 
  see Sec. Sec. 17-20, infra.


  Sec. 6 . Precedence; Relation to Other Motions

      The motion to refer under rule XVI clause 4 takes precedence over 
  the motions to amend or to postpone indefinitely, but yields to the 
  motions to adjourn, to table, for the previous question, or to 
  postpone to a day certain. Manual Sec. 911. Thus, the Chair may 
  recognize the Member seeking to offer the preferential motion before 
  the less preferential motion is read. Manual Sec. 916. The motion to 
  refer is subject to the motion to table. Manual Sec. Sec. 911, 914.
      The motion for the previous question takes precedence over the 
  motion to refer under rule XVI clause 4. Manual Sec. Sec. 911, 916. 
  However, where the motion to refer under that rule is preempted by the 
  motion for the previous question on a resolution on which there has 
  been no debate, rejection of the motion for the previous question 
  leaves the motion to refer pending. 101-2, Mar. 22, 1990, pp 4996-98.

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  Sec. 7 . Debate on Motion

      A motion to refer under rule XVI clause 4 (before the previous 
  question is ordered) is separately debatable pending the consideration 
  of the underlying matter. Manual Sec. 713. The motion is debatable 
  under the hour rule. Deschler-Brown Ch 29 Sec. 68.51. The scope of the 
  debate is narrowly confined and may not extend to the merits of the 
  underlying matter. 5 Hinds Sec. Sec. 5564-5568; 6 Cannon Sec. 549. 
  Such debate is terminated by the adoption of the previous question on 
  the motion. Deschler Ch 23 Sec. 25.


           C. Referral Pending Motion to Strike Enacting Clause


  Sec. 8 . In General

      Rule XVIII clause 9 permits the offering of a motion to refer a 
  measure to a committee, which may include instructions, pending 
  concurrence by the House in a recommendation from the Committee of the 
  Whole that the enacting clause of a measure be stricken. Manual 
  Sec. 988. As noted elsewhere, the recommendation that the enacting 
  clause be stricken may interrupt and supersede the offering of 
  amendments in Committee of the Whole and, if agreed to by the House, 
  defeats the bill. See Committees of the Whole.
      The motion to refer permitted by this rule is to be distinguished 
  from the motion to recommit that may be made pending final passage of 
  the bill under rule XIX clause 2. The motion to recommit pending 
  passage ensures the right of the minority to have a final opportunity 
  to perfect the bill or to return it to committee. Sec. 14, infra. In 
  contrast, the motion to refer under rule XVIII comes before action on 
  the recommendation that the enacting clause be stricken and allows the 
  friends of the original bill to avert its demise by referring it to 
  committee where it may be considered in the light of the action of the 
  House. 8 Cannon Sec. 2629.
      The motion to refer permitted by rule XVIII may include 
  instructions to report back forthwith with an amendment to the 
  underlying bill. Manual Sec. 989.
      The recommendation that the enacting clause be stricken may not be 
  combined with a recommendation that the bill be recommitted to a 
  committee. Deschler Ch 19 Sec. 10.10.

                           Automatic Recommittal

      When the House disagrees with the recommendation of the Committee 
  of the Whole to strike the enacting words and does not refer the bill 
  under the provisions of the rule, the bill is recommitted to the 
  Committee, where

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  it becomes unfinished business. This process is automatic and does not 
  require a motion. 5 Hinds Sec. Sec. 5326, 5345, 5346; 8 Cannon 
  Sec. 2633.


        D. Referral Pending or After Ordering the Previous Question


  Sec. 9 . In General; When in Order

      The motion to recommit (or commit, as the case may be) is 
  authorized under rule XIX clause 2. Under this rule, the motion is in 
  order pending the motion for the previous question or after the 
  previous question has been ordered on passage or adoption. The motion 
  may be made with instructions and may provide for referral to a 
  standing or select committee. Manual Sec. 1001. It is not necessary 
  that the underlying proposition be reported from a committee. 95-2, 
  July 12, 1978, p 20504. Only one proper motion to commit is in order 
  under the rule. Manual Sec. 1002b; 5 Hinds Sec. 5577.
      If the previous question has been ordered on a proposition on 
  which there has been no debate, and a Member insists on the 40 minutes 
  of debate permitted by rule, the motion to commit should be made only 
  after such debate. Manual Sec. 999; 99-1, May 8, 1985, p 11072.
      When the previous question is ordered on all stages of a bill to 
  final passage, the motion to commit is not in order before engrossment 
  or third reading. Manual Sec. 1002; 5 Hinds Sec. Sec. 5578-5581. The 
  motion to commit may be made pending the demand for the previous 
  question on passage or adoption but, at that stage, is subject to the 
  motion to table. 5 Hinds Sec. 5576.

                         Instructions With Motion

      A motion to commit under rule XIX clause 2 may be offered with 
  instructions, such as an instruction to report back with an amendment. 
  Manual Sec. 1002b. Thus, a motion to commit a resolution electing 
  minority members to standing committees may be offered with 
  instructions to a select committee to report back ``forthwith'' with 
  an amendment adding the names of additional Members. Deschler-Brown Ch 
  29 Sec. 23.55; instructions generally, see Sec. Sec. 17-20, infra.

                           Amendments to Motion

      A motion to commit may be amended, as by adding instructions, 
  unless the previous question is ordered on the motion. 5 Hinds 
  Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.

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  Sec. 10 . Application of Motion

      The rule authorizing the motion to commit, pending or after the 
  previous question, is construed as applying across a broad range of 
  legislative business, including:

     Bills and joint resolutions. 5 Hinds Sec. 5576.
     Simple resolutions and concurrent resolutions. 5 Hinds 
         Sec. 5573; Deschler-Brown Ch 29 Sec. 23.54.
     Conference reports if the other House has not discharged its 
         managers. See Conferences Between the Houses.
     Senate amendments being considered in the House before the 
         stage of disagreement. 5 Hinds Sec. 5575.
     A resolution stating a question of privilege, such as a 
         disciplinary resolution, or a resolution certifying the 
         contempt of a committee witness. Deschler Ch 23 Sec. 26.13; 
         Deschler-Brown Ch 29 Sec. 68.51.
     A resolution electing Members to standing committees. 
         Deschler-Brown Ch 29 Sec. 23.55.

      The motion to commit may not be separately applied to amendments 
  to the underlying proposition. Deschler Ch 23 Sec. 25. When the 
  previous question has been ordered on a simple resolution and a 
  pending amendment thereto, the motion to commit should be offered 
  after the vote on the amendment. 5 Hinds Sec. Sec. 5585-5588.
      The motion does not apply to special orders reported by the Rules 
  Committee because rule XIII clause 6(b) prevents the Speaker from 
  entertaining dilatory motions until reports from such committee are 
  disposed of. 5 Hinds Sec. Sec. 5598-5601; Deschler Ch 23 Sec. 25.11. 
  However, if the motion for the previous question is rejected, this 
  restriction no longer strictly applies. Manual Sec. 858.


  Sec. 11 . Who May Offer Motion; Recognition

      As noted elsewhere in this chapter, priority in recognition on a 
  motion to recommit a bill pending final passage under rule XIX clause 
  2 is given to an opponent of the bill. Sec. 14, infra. Thus, an 
  opponent, with preference given first to the Minority Leader or his 
  designee and then to a minority member on the reporting committee (in 
  order of seniority on the committee), has priority in recognition to 
  offer the motion under rule XIX. Manual Sec. 1001. However, if the 
  underlying matter is a resolution offered from the floor as a question 
  of the privileges of the House, the Member offering the motion to 
  commit need not qualify as stating his opposition to the resolution. 
  Deschler-Brown Ch 29 Sec. 23.60.

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      It is the prerogative of the minority, when the House is operating 
  under general parliamentary procedure, to offer a motion to commit the 
  resolution adopting the rules, but the minority member offering the 
  motion need not qualify as opposed to the resolution. Manual Sec. 60.


  Sec. 12 . Debate on Motion

      Under rule XIX clause 2, a motion to commit with instructions is 
  not separately debatable after the previous question is ordered on the 
  underlying simple or concurrent resolution. 5 Hinds Sec. 5582. Thus, 
  the previous question having been ordered on a resolution before 
  adoption of the rules, the motion to commit--even one including 
  instructions--is not debatable. Manual Sec. 60. As to the debate 
  permitted on a motion to recommit pending final passage of a bill or 
  joint resolution, see Sec. 15, infra.


                   E. Recommittal Pending Final Passage


  Sec. 13 . In General

      The motion to recommit a bill or joint resolution after the 
  previous question has been ordered on the question of final passage is 
  authorized by rule XIX clause 2. Clause 2(b), which permits debate on 
  the motion, does not apply to simple resolutions, concurrent 
  resolutions, or conference reports. Manual Sec. 1001; Sec. 15, infra.

                               When in Order

      The motion to recommit a bill is typically made after the 
  engrossment and third reading of the bill. Deschler Ch 23 Sec. 29.1. A 
  Member seeking to offer the motion must be on his feet addressing the 
  Chair after the engrossment and third reading of the bill and before 
  the Chair puts the question on passage of the bill. The motion comes 
  too late when the Chair has put the question on passage and has 
  announced the apparent result of the vote. Deschler Ch 23 
  Sec. Sec. 29.5, 29.6.

                           Repetition of Motion

      Clause 2 permits only one motion to recommit after the previous 
  question has been ordered. However, if the motion is ruled out on a 
  point of order, its proponent or another qualifying Member is entitled 
  to offer a proper motion to recommit. Manual Sec. 1002b; 8 Cannon 
  Sec. 2713.

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                           Amendments to Motion

      A motion to recommit is subject to amendment until the previous 
  question is ordered on the motion. Deschler Ch 23 Sec. 25.1. If the 
  previous question on the motion is not ordered, the motion is open to 
  amendment. Deschler Ch 23 Sec. 25.2. The amendment must be germane to 
  the pending measure and not necessarily to the original motion. Manual 
  Sec. 1002a; see Sec. 17, infra. Any point of order against an 
  amendment to the motion should be raised immediately following the 
  reading of the amendment. Manual Sec. 924.


  Sec. 14 . Who May Offer Motion; Recognition

      Speaker: Is the gentleman opposed to the measure?

  This is the threshold question to be put by the Chair in determining a 
  Member's qualification to offer a motion to recommit. Deschler Ch 23 
  Sec. 25. At one time the applicable rule was construed to give the 
  friends of the bill an opportunity to correct any errors in the bill 
  before the House voted on passage. 8 Cannon Sec. 2762. Under rule XIX 
  clause 2, the Speaker is required to give preference in recognition to 
  a Member who is opposed to the bill, whether the motion is made with 
  or without instructions. Manual Sec. 1002c. This rules change was 
  intended to allow the minority a final opportunity to return the bill 
  to committee or (through instructions) to have its version of the bill 
  brought to a vote. Deschler Ch 23 Sec. 25.

      In recognizing a Member to move to recommit, the Chair does not 
  attempt to assess the degree of that Member's opposition. The Chair 
  makes no distinction between Members who are unqualifiedly opposed and 
  those who phrase their opposition ``to the bill in its present form.'' 
  Manual Sec. 1002c.
      Among Members opposed to the bill, the Speaker will first look to 
  the Minority Leader or his designee, then to minority members of the 
  committee reporting the bill (in order of seniority on the committee), 
  then to other members of the minority, and finally to majority 
  members. Manual Sec. 1002c. These principles of recognition are 
  followed even where a bill under consideration is not reported from 
  committee. See 89-1, Sept. 29, 1965, p 25439; 96-1, Nov. 28, 1979, pp 
  33904, 33906, 33914. Priority in recognition to the Minority Leader or 
  his designee is imputed from the form of rule XIII clause 6. Sec. 16, 
  infra.
      It is not too late for a senior member of the committee to seek 
  recognition where another minority member has qualified as opposed to 
  the bill but where his motion has not yet been read by the Clerk. 
  Deschler Ch 29 Sec. 8.21.

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                   Recognition for Amendments to Motion

      If the previous question is not ordered on a motion to recommit, 
  the person offering an amendment to the motion does not have to 
  qualify as being opposed to the bill. Deschler Ch 23 Sec. 27.14. A 
  Member who, in the Speaker's determination, led the opposition to 
  ordering the previous question on the motion to recommit--such as the 
  chairman of the committee reporting the bill--is entitled to offer an 
  amendment to the motion regardless of party affiliation. Manual 
  Sec. 1002c.


  Sec. 15 . Debate on Motion

                                 Generally

      The straight motion to recommit is not debatable whether offered 
  pending the previous question on the measure or after the previous 
  question has been ordered. 5 Hinds Sec. 5582; Deschler Ch 23 Sec. 25. 
  Under rule XIX clause 2(b), the motion to recommit after the previous 
  question is ordered on final passage is rendered debatable only by 
  unanimous consent or by the inclusion of instructions in the motion. 
  Manual Sec. 1002a. Under that rule, a motion to recommit with 
  instructions a bill or joint resolution on which the previous question 
  is ordered to passage is debatable for 10 minutes, 5 minutes in favor 
  of the motion and 5 opposed. Under clause 2(c) debate may be extended 
  to one hour, equally divided, upon demand of the majority floor 
  manager of the bill. Manual Sec. 1001. The debate permitted by the 
  rule is inapplicable to a motion to recommit with instructions a 
  simple or concurrent resolution or a conference report. Manual 
  Sec. 1002a.

                          Control of Debate Time

      The Member in support of a motion to recommit with instructions is 
  recognized for five minutes and must use or yield back all of that 
  time. He may not reserve a portion thereof. However, the Member 
  offering the motion may, at the conclusion of the 10 minutes of 
  debate, yield to another Member to offer an amendment to the motion if 
  the previous question has not been ordered on the motion. Manual 
  Sec. 1002a.
      A Member recognized for five minutes in opposition to a motion to 
  recommit with instructions controls the floor for debate only and may 
  not yield to another Member to offer an amendment to the motion to 
  recommit. Deschler Ch 23 Sec. 30.4. Where debate time on a motion to 
  recommit with instructions has been lengthened by a special rule, the 
  Chair has allowed time to be allocated and controlled and has 
  permitted the Member controlling time in opposition to close debate. 
  95-2, Aug. 10, 1978, p 25500.

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  Sec. 16 . Effect of Special Rules

      Rule XIII clause 6(c) precludes the Committee on Rules from 
  reporting a special order which would prevent the motion to recommit a 
  bill or joint resolution from being made as provided in rule XIX 
  clause 2(b). That prohibition includes a motion to recommit with 
  instructions if offered by the Minority Leader or his designee, except 
  on a Senate bill for which the text of a House-passed bill has been 
  substituted. Manual Sec. 857.
      The prohibition is applicable only to the recommittal of a bill or 
  joint resolution pending initial final passage and does not apply to a 
  special order restricting the recommittal of a simple or concurrent 
  resolution. Manual Sec. 859. The Committee on Rules has reported 
  special rules precluding a motion to recommit at subsequent stages; 
  that is, during consideration of amendments between the Houses. See 
  Senate Bills; Amendments Between the Houses. For an exchange of 
  correspondence between the chairman and ranking minority member of the 
  Rules Committee regarding this practice, see 104-2, Jan. 24, 1996, pp 
  1228-29.


                       F. Motions With Instructions


  Sec. 17 . In General

      The motion to refer, commit, or recommit may include instructions. 
  Such instructions may direct a designated committee to take a 
  specified action, such as to study a subject germane to the underlying 
  measure. Manual Sec. 1002b; Deschler Ch 23 Sec. 25. A committee may be 
  instructed as follows:

     To report ``forthwith'' with an amendment. Sec. 18, infra.
     To report the bill back promptly with certain amendments. 
         Manual Sec. 1002b.
     To consider the bill in relation to the President's energy 
         message and to promptly hold hearings thereon. 95-1, Apr. 29, 
         1977, p 12886.
     To hold hearings and promptly report recommendations on how to 
         amortize the cost of the bill. 101-2, Mar. 29, 1990, p 6042.
     To hold hearings on a proposal and to solicit the views of the 
         Attorney General. Deschler Ch 23 Sec. 26.2.
     To examine the sufficiency of a contempt citation and report 
         back to the House. Deschler Ch 23 Sec. 32.11.

      Unlike the case of a motion to recommit with instructions to 
  report back ``forthwith'' (the adoption of which occasions an 
  immediate report on the floor), the adoption of a motion to recommit 
  with instructions to report back ``promptly'' sends the bill to 
  committee, whose eventual report (if any) is not immediately before 
  the House. Manual Sec. 1002b; Deschler Ch 23

[[Page 814]]

  Sec. 32.25. The ``promptly'' instructions may be express concepts 
  rather than specify actual text. 106-1, Oct. 6, 1999, p ____. The 
  instructions are considered advisory and are not required to be 
  carried out by the committee.

                        Amendments to Instructions

      A motion to recommit with instructions may be amended if the 
  previous question has not been ordered thereon. A substitute amendment 
  which strikes all of the proposed instructions and inserts others in 
  their place is in order if germane to the pending measure, and does 
  not violate the right of the minority to move to recommit. 8 Cannon 
  Sec. 2759. An amendment offered to an instruction must be germane to 
  the bill, not necessarily to the original instruction. Manual 
  Sec. 930.


  Sec. 18 . Instructions to Report ``Forthwith''

      The House may recommit a bill to committee with instructions to 
  report an amendment ``forthwith.'' Such instructions must be complied 
  with immediately. Manual Sec. 1002b. The House has used this procedure 
  even with respect to an amendment in the nature of a substitute for 
  the entire bill. Deschler Ch 23 Sec. 32.16.
      Having been instructed to report ``forthwith,'' the committee is 
  not required to convene and consider the measure. The chairman or 
  other designated committee member immediately rises and announces 
  that, pursuant to the instructions of the House, he is reporting the 
  measure back to the House with the instructed amendment. Deschler Ch 
  23 Sec. 25. The House then votes on the amendment and, if it is 
  adopted, again on engrossment and third reading of the bill before 
  final passage, as shown in the following example:

      Speaker: The question is on the engrossment and third reading of 
    the bill.

      Note: The question is then put. If it carries, the bill is ordered 
  to be engrossed and read a third time, and is read the third time.

      Member: I offer a motion to recommit.
      Speaker: Is the gentleman opposed to the bill?
      Member: I am, Mr. Speaker.
      Speaker: The gentleman qualifies. The Clerk will report the motion 
    to recommit.
      Clerk: Mr. ______ of ______ moves to recommit the bill, H.R. ____, 
    to the Committee on __________ with instructions to report the bill 
    forthwith with the following amendment: ____________

      Note: The motion is subject to 10 minutes of debate or up to one 
  hour if demanded by the floor manager of the

[[Page 815]]

  bill, equally divided between the proponent and a Member opposed to 
  the motion. Sec. 15, supra.

      Speaker: Without objection, the previous question is ordered. The 
    question is on the motion to recommit.

      Note: A vote having been taken and announced in the affirmative, 
  the chairman of the designated committee rises:

      Chairman: Mr. Speaker, pursuant to the instructions of the House 
    on the motion to recommit, I report back the bill, H.R. __________, 
    with an amendment [the amendment is read in the House by the Clerk].
      Speaker: The question is on the amendment.

      Note: The amendment is voted on; if it is adopted, the Speaker 
  again puts the question on engrossment and third reading of the bill; 
  if agreed to, the question is on passage of the bill.


  Sec. 19 . Dividing the Question on Instructions

      On a motion to recommit with instructions, it is not in order to 
  demand a separate vote on the instructions or various branches 
  thereof. 5 Hinds Sec. Sec. 6134-6137; 8 Cannon Sec. Sec. 2737, 3170. 
  However, when a bill is reported back to the House with an amendment 
  pursuant to such instructions, a division of the question may be 
  demanded on the amendment if the question is otherwise in a divisible 
  form. Manual Sec. 921. A motion to recommit a bill to conference with 
  various instructions may not be divided. Manual Sec. 921; generally, 
  see Division of the Question for Voting.


  Sec. 20 . Instructions Subject to a Point of Order

      A motion to recommit may not propose to do that which may not be 
  done by amendment under the rules of the House. Manual Sec. 1002b; 5 
  Hinds Sec. Sec. 5529-5541.
      For instance, a motion to recommit may not:

     Propose an amendment that is not germane. 5 Hinds 
         Sec. Sec. 5529-5541, 5834, 5889; 8 Cannon Sec. Sec. 2705, 2707, 
         2708.
     Amend or eliminate an amendment adopted by the House (unless 
         permitted by special order). 5 Hinds Sec. 5531; 8 Cannon 
         Sec. Sec. 2712, 2714, 2715, 2720-2724; Deschler Ch 23 
         Sec. 32.20.
     Propose an amendment in violation of rule XXI clause 2, 4, or 
         5. 5 Hinds Sec. Sec. 5533-5540.
     Change the rules of the House by authorizing a committee to 
         report at any time (5 Hinds Sec. 5543) or by directing a 
         committee to report by a date certain (5 Hinds Sec. 5549). 
         However, it has been held in order to reoffer an amendment 
         rejected by the House. 5 Hinds Sec. Sec. 5543, 5549; 8 Cannon 
         Sec. 2728.
     Contain argument. Manual Sec. 1002b.


[[Page 816]]



      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. 
  However, that precedent should be read in light of rule XIII clause 
  6(c)(2), which precludes the Rules Committee from reporting a rule 
  that would prevent a motion to recommit from including amendatory 
  instructions. Manual Sec. 1002b.
      Under rule XIII clause 6(c), the Committee on Rules may not report 
  a special rule denying to the Minority Leader or his designee the 
  right to offer a motion with instructions. Manual Sec. 857. If the 
  special order reported from the Rules Committee permits a motion to 
  recommit ``with or without instructions,'' amendatory instructions are 
  protected; and a motion to recommit may include instructions 
  (otherwise in order) that modify an amendment previously agreed to by 
  the House. This is true even if the House has adopted an amendment in 
  the nature of a substitute. The insertion of the phrase ``one motion 
  to recommit with or without instructions'' has become routine in 
  special orders reported by the Committee on Rules.
      A motion to recommit a bill to a committee with instructions that 
  the bill be reported back forthwith with specified amendments is not 
  in order if, for example, the adoption of the amendments would violate 
  section 311(a) of the Congressional Budget Act by causing revenues to 
  fall below the floor specified in the applicable concurrent resolution 
  on the budget. Manual Sec. 1127.
      The Chair does not anticipate the content of a motion to recommit 
  and will not rule in advance as to whether particular instructions 
  which might be offered as part of such a motion would be in order. 
  Deschler-Brown Ch 28 Sec. 23.