Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress-Rule XIX.Motions Following the Amendment Stage

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Rules of the House of Representatives]
[Pages 742-757]
[From the U.S. Government Printing Office, www.gpo.gov]



 


Previous question
           Rule XIX.--MOTIONS FOLLOWING THE AMENDMENT STAGE            


[[Page 743]]

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 authorized motions or amendments and include


  The House adopted a rule for the previous question in 1789, but it was 
not turned into an instrument for closing debate until 1811. The history 
of the motion for the previous question is discussed in V, 5443, 5446; 
VIII, 2661. In 1880, the previous question rule was amended to apply to 
single motions or a series of motions as well as to amendments, and the 
motion to commit pending the motion for the previous question or after 
the previous question is ordered to passage was added (V, 5443). From 
1880 to 1890, the previous question could only be ordered to the 
engrossment and third reading, and then again ordered on passage, but in 
1890 the rule was changed to permit ordering the previous question to 
final passage (V, 5443). When the House recodified its rules in the 
106th Congress, it consolidated former clause 1 of rule XVII and a 
provision included in former clause 2 of rule XXVII, permitting 40 
minutes debate on which the previous question has been ordered without 
there having been debate under this clause. The 106th Congress also 
transferred the provision addressing the motion to commit from clause 1 
of rule XVII to clause 2 of this rule (H. Res. 5, Jan. 6, 1999, p. ----
).


[[Page 744]]



Sec. 995. Effect of previous question on 
debate.

  The  previous question is the only motion used for closing debate 
in the House itself (V, 5456; VIII, 2662). It is not in order in 
Committee of the Whole (IV, 4716; Apr. 25, 1990, p. 8257) but is in 
order in the House as in Committee of the Whole (VI, 639). The motion 
may not include a provision that it shall take effect at a certain time 
(V, 5457). Forty minutes of debate are allowed whenever the previous 
question is ordered on a proposition on which there has been no debate 
(V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602); but if there has been 
debate, even though brief, before the ordering of the previous question, 
the 40 minutes are not allowed (V, 5499-5501). This preliminary debate 
should be on the merits of the question if the 40 minutes of debate are 
to be denied for reason of it (V, 5502). The 40 minutes should be 
demanded before division has begun on the main question (V, 5496). It 
may not be demanded on incidental motions, but is confined to the main 
question (V, 5497, 5498; VIII, 2687). It may not be demanded on a 
proposition that has been debated in Committee of the Whole (V, 5505), 
or on a conference report if the subject matter of the report was 
debated before being sent to conference (V, 5506, 5507). When the 
previous question is ordered merely on an amendment that has not been 
debated, the 40 minutes are allowed (V, 5503); but the same liberty of 
debate is not allowed when the question covers both an undebated 
amendment and the original proposition (V, 5504). It was also denied on 
a resolution to correct an error in an enrolled bill (V, 5508). The 40 
minutes is divided, one half to those favoring and the other half to 
those opposing (V, 5495).




Sec. 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 except by the unanimous consent of the House (V, 
5461-5465), or on motions to agree to a conference report and also to 
dispose of differences not included in the report (V, 5464) and when 
ordered on a motion to send to conference applies to that motion alone 
and does not extend to a subsequent motion to instruct conferees (VIII, 
2675). It may apply to the main question and a pending motion to refer 
(V, 5466; VI, 373; VIII, 2678), or to a pending resolution and a pending 
amendment thereto (Sept. 25, 1990, p. 25575; July 16, 1998, p. ----). 
When a bill is reported from the Committee of the Whole with the 
recommendation that the enacting words be stricken out, it may be 
applied to the motion to concur without covering further action on the 
bill (V, 5342). During consideration ``in the House as in Committee of 
the Whole'' it may be demanded while Members still desire to offer 
amendments (IV, 4926-4929; VI, 639), but it may not be moved on a single 
section of a bill (IV, 4930). When ordered on a resolution with a 
preamble there is doubt of its application to the preamble, unless the 
motion specifies (V, 5469, 5470). It may be moved on a series of 
resolutions, but this does not preclude a division of the resolutions on 
the vote (V, 5468), although where two propositions on which the 
previous question is moved are related, as in the case of a special 
order reported from the Committee on Rules and a pending amendment 
thereto, a division is not in order (Sept. 25, 1990, p. 25575). The 
previous question is often ordered on nondebatable propositions to 
prevent amendment (V, 5473, 5490), but may not be moved on a motion that 
is both nondebatable and unamendable (IV, 3077). It applies to questions 
of privilege as to other questions (II, 1256; V, 5459, 5460; VIII, 
2672).



[[Page 745]]

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, another 
Member may move the previous question before the Member offering the 
amendment is recognized to debate it (Nov. 8, 1971, p. 39944; 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 1, 2, and 6 of rule XV), or where a block of time for debate has 
been yielded by the manager, the previous question may not be moved 
until the other side has used or yielded back its time; and the Chair 
may vacate the adoption of the previous question where it was improperly 
moved while the other side was still seeking time (Oct. 3, 1989, p. 
22842). The previous question may not be demanded on a proposition 
against which a point of order is pending (VIII, 3433).


Sec. 997. The right to move the previous 
question.

  The  Member in charge of the bill and having the floor may demand 
the previous question although another Member may propose a motion of 
higher privilege (VIII, 2684), but the motion of higher privilege must 
be put first (V, 5480; VIII, 2609, 2684), and if the Member in charge of 
the bill claims the floor in debate another Member may not demand the 
previous question (II, 1458); but having the floor, unless yielded to 
for debate only, any Member may make the motion although the effect may 
be to deprive the Member in charge of the bill (V, 5476; VIII, 2685). 
The Member who has called up a measure in the House has priority of 
recognition to move the previous question thereon, even over the 
chairman of the reporting committee (Oct. 1, 1986, p. 27468). And 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




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); nor may it 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).



[[Page 746]]




Sec. 999. The 40 minutes of debate on undebated 
propositions.

  Although  this clause allows 40 minutes of debate when the 
previous question is ordered on a proposition on which there has been no 
debate (V, 6821; Mar. 22, 1990, p. 4996), any previous debate on the 
merits of the main proposition precludes the 40 minutes (V, 5499-5502). 
The demand for 40 minutes of debate: must come before the vote is taken 
on the main question (V, 5496); is not available when the question on 
which the previous question is ordered is otherwise nondebatable, such 
as the motion to close debate (VIII, 2555, 2690); is not available 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); and is not available on incidental motions (V, 5497-5498), on 
propositions previously debated in Committee of the Whole (V, 5505), on 
conference reports accompanying measures that were debated before being 
sent to conference (V, 5506-5507), or on ancillary measures, such as a 
concurrent resolution to correct an enrolled bill (V, 5508). Debate 
allowed under this provision is equally divided and controlled between 
the person demanding the time and a Member representing the opposition 
(Sept. 13, 1965, pp. 23602-06; May 8, 1985, p. 11073). Priority in 
recognition for time in opposition is accorded to a Member truly opposed 
(VIII, 2689).





Sec. 1000. Questions of order pending the motion for the 
previous question.

  (b)  Incidental questions of order arising during the 
pendency of a motion for the previous question shall be decided, whether 
on appeal or otherwise, without debate.


  This provision was adopted in 1837 to prevent delay by debate on 
points of order after the demand for the previous question (V, 5448). 
Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 3 of rule XVII (H. Res. 5, Jan. 6, 
1999, p. ----). Under the present practice, since debate on points of 
order is entirely within the control of the Chair, he 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 thrown open to debate after the ordering of the previous 
question (III, 2532).

                                                      Rule XIX, clause 2
Rule XIX, clause 2
Recommit



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.



[[Page 747]]

  (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.

  That portion of the clause relating to debate on the motion to 
recommit with instructions (former clause 4 of rule XVI) was included as 
section 123 of the Legislative Reorganization Act of 1970 and was made a 
part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22, 
1971, p. 14). That provision was also amended in the 99th Congress to 
provide that on the demand of the majority floor manager of a bill or 
joint resolution, the 10 minutes of debate on a motion to recommit with 
instructions, the previous question having been ordered, may be extended 
to one hour, equally divided and controlled (H. Res. 7, Jan. 3, 1985, p. 
393). When the House recodified its rules in the 106th Congress, it 
consolidated the last sentence of former clause 1 of rule XVII and 
provisions of former clause 4 of rule XVI, addressing the motion to 
recommit, under this clause (H. Res. 5, Jan. 6, 1999, p. ----). For a 
general discussion of the motion to refer see Sec. 916, supra. When the 
previous question is ordered on a bill to final passage, debate on a 
straight motion to recommit under this clause is no longer in order and 
only a motion to recommit with instructions is debatable for the 10 
minutes specified in the rule (June 22, 1995, p. 16844). Prior to the 
amendment of this clause in the 92d Congress, no debate was permitted on 
a motion to recommit with instructions after the previous question was 
ordered (V, 5561, 5582-5584; VIII, 2741). The 10 minutes of debate 
provided under this clause on motions to recommit with instructions does 
not apply to a motion to recommit with instructions 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).


[[Page 748]]

yield to another Member to offer an amendment to the motion if the 
previous question has not been ordered on the motion to recommit 
(Speaker Albert, July 19, 1973, p. 24967).
  The 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 but 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), and a 
substitute 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, 2759). The Member offering a 
motion to recommit a bill with instructions may, at the conclusion of 
the 10 minutes of debate thereon,

  It is not in order to propose as instructions anything that might not 
be proposed directly as an amendment such as to propose an amendment 
that is not germane (V, 5529-5541, 5834, 5889; VIII, 2705, 2707, 2708), 
such as to amend or eliminate an amendment adopted by the House (V, 
5531; VIII, 2712, 2714, 2715, 2720-2724), to propose an amendment in 
violation of clauses 2, 4, or 5 of rule XXI (V, 5533-5540; Sept. 1, 
1976, p. 28883; Sept. 19, 1983, p. 24646; Speaker Foley, Aug. 1, 1989, 
p. 17159, and Aug. 3, 1989, p. 18546, each time sustained by tabling of 
appeal; July 1, 1992, p. 17294; June 22, 1995, p. 16844); but it has 
been held in order to reoffer an amendment rejected by the House (VIII, 
2728). Where a special rule providing for the consideration of a bill 
prohibited the offering of amendments to a certain title of the bill 
during its consideration (in both the House and the Committee of the 
Whole), it was held not in order to offer a motion to recommit with 
instructions to incorporate an amendment in the restricted title (Jan. 
11, 1934, pp. 479-83); however, that precedent should be read in light 
of clause 6(c)(2) of rule XIII which precludes the Rules Committee from 
reporting a rule that would prevent a motion to recommit from including 
amendatory instructions. Where an amendment in the nature of a 
substitute has been adopted, and no motion to recommit with an amendment 
is in order, the minority has sometimes used a motion that directs a 
committee to study an issue and to report ``promptly'' its 
recommendations (Mar. 29, 1990, p. 1834). Instructions must be germane 
to the bill regardless of whether they directly propose an amendment 
thereto (Sept. 23, 1992, p. 27178). In the 104th Congress the rules were 
amended to preclude the Committee on Rules from reporting a special 
order that would prevent the Minority Leader or his designee from 
offering a motion to recommit with instructions to report back an 
amendment otherwise in order (but for the adoption of a prior 
amendment). See Sec. 857, supra.


[[Page 749]]

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).
  It has been a practice to permit a motion to recommit with 
instructions that the committee report ``forthwith,'' in which case the 
chairman makes report at once without awaiting action by the committee 
(V, 5545-5547; VIII, 2730), and the bill is before the House for 
immediate consideration (V, 5550; VIII, 2735). If one motion to recommit 
is ruled out, a proper motion is admissible (VIII, 2736, 2760, 2761, 
2763). Similarly, if the House votes pursuant to section 426(b)(3) of 
the Congressional Budget Act of 1974 not to consider a motion to 
recommit against which a Member has made a point of order under section 
425(a) of that Act, a proper motion to recommit remains available (Mar. 
28, 1996, p. 6932). The motion may be withdrawn in the House at any time 
before action or decision thereon (VIII, 2764). 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). When a bill is recommitted


[[Page 750]]

  As stated in this clause, recognition to offer the motion to recommit, 
whether a ``straight'' motion or with instructions, is the prerogative 
of a Member who is opposed to the bill or joint resolution (Speaker 
Martin, Mar. 19, 1954, p. 3967); and 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)), then to minority members of the committee reporting the 
bill, in order of their rank on the committee (Speaker Garner, Jan. 6, 
1932, p. 1396; Speaker Byrns, July 2, 1935, p. 10638), then to other 
Members on the minority side (Speaker Rayburn, Aug. 16, 1950, p. 12608). 
Until a qualifying minority Member has had his motion read by the Clerk, 
he is not entitled to the floor so as to prevent another qualifying 
senior 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 priority of recognition of a Member of the 
minority who is opposed is not diminished by the fact that the minority 
party may have successfully led the opposition to the previous question 
on the special order governing consideration of the bill and offered a 
``modified-closed'' rule permitting only minority Members to offer 
perfecting amendments to the majority text (June 26, 1981, p. 14740). 
But while the motion to recommit is the prerogative of the minority if 
opposed, a Member who in the Speaker's determination leads the 
opposition to the previous question on the motion to recommit, such as 
the chairman of the committee reporting the bill, is entitled to offer 
an amendment to the motion to recommit, regardless of party affiliation 
(June 26, 1981, pp. 14791-93). 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; Speaker Albert, Feb. 
19, 1976, p. 3920). The Chair does not assess the degree of a Member's 
opposition (Oct. 23, 1991, p. 28258). These principles of recognition 
have been applied to motions to ``commit'' or ``recommit'' simple or 
concurrent resolutions as well under former clause 1 of rule XVII 
(current clause 1 of rule XIX) in situations where the resolution or a 
similar measure has been reported from committee (Nov. 28, 1979, p. 
33914).



Sec. 1002. The motion to commit in relation to the 
previous question.

  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). Although 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), a motion to commit under this rule 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 the passage, whether a bill or resolution be under 
consideration (V, 5576); but when the demand covers all stages of the 
bill to the final passage the motion to commit is made only after the 
third reading, and is not in order pending the demand or before the 
engrossment or third reading (V, 5578-5581). When separate motions for 
the previous question are made, respectively, on the third reading and 
on the passage of a bill, the motion to commit should be made only after 
the previous question is ordered on the passage (V, 5577). 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).

  It was formerly held that the opponents of a bill had no claim to 
prior recognition to make the motion (II, 1456), but under this clause 
the prior right to recognition is given to an opponent on a bill or 
joint resolution pending final passage. The right to move to recommit a 
House bill with a Senate amendment belongs to a Member who is opposed to 
the whole bill in preference to a Member who is merely opposed to the 
Senate amendment (VIII, 2772). Where the previous question has been 
ordered on both the pending resolution and its preamble, a Member may 
qualify to offer a motion to recommit on the basis of his opposition to 
the preamble, even though it is not otherwise subject to separate vote 
or amendment (Feb. 12, 1998, p. ----). A Member rising in opposition to 
a motion to recommit must likewise qualify as opposed to the motion 
(Apr. 29, 1999, p. ----).


[[Page 751]]

to commit a resolution called up 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 the House refused to order a bill to be engrossed and read a 
third time the motion to commit may not be made (V, 5602, 5603).
  An opponent has priority in recognition to offer a motion to commit a 
simple or concurrent resolution under this clause, and the Speaker looks 
first to the Minority Leader or his designee (as he would for a motion 
to recommit), and then to minority members on the committee of 
jurisdiction in order of seniority (VIII, 2764; Nov. 28, 1979, p. 33914; 
Procedure, ch. 23, sec. 13.1), except that recognition to offer a motion 
under this clause

  The motion to refer under this rule after the previous question is 
ordered is not debatable (V, 5582), except as provided in clause 2 of 
rule XIX; but may be amended, as by adding instructions, unless such 
amendment be precluded by moving the previous question (V, 5582-5584; 
VIII, 2695). Unless the previous question is ordered, an amendment 
(including one in the nature of a substitute) is in order on a motion to 
commit with instructions (VIII, 2698, 2759), but the amendment should be 
germane (V, 6888; VIII, 2711).

  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). The motion may not be laid on the table after 
the previous question has been ordered (V, 5412-5414). Only one motion 
to commit is in order (V, 5577, 5582, 5585; VIII, 2763), but 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). And where one motion to recommit was ruled out of order, the 
Speaker entertained a proper motion to recommit (VIII, 2763).


  When a special order declares that at a certain time the previous 
question shall be considered as ordered on a bill to the final passage, 
it has usually, but not always, been held that a motion to commit is 
precluded (IV, 3207-3209). Under clause 6(c) of rule XIII (former clause 
4(b) of rule XI) the Committee on Rules is prohibited from reporting 
such special order that precludes the motion to recommit in clause 2 of 
rule XIX (VIII, 2260, 2262-2264; see also Sec. 1001, supra). That 
provision was amended in the 104th Congress to further prohibit the 
Committee on Rules from denying the Minority Leader or his designee the 
right to include proper amendatory instructions in a motion to recommit 
(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).


[[Page 752]]

Reconsideration
                                                      Rule XIX, clause 3
Rule XIX, clause 3




1003. The motion to reconsider.

  3.  When a motion has been 
carried or lost, it shall be in order on the same or succeeding day for 
a Member on the prevailing side of the question to enter a motion for 
the reconsideration thereof. The entry of such a motion shall take 
precedence over all other questions except the consideration of a 
conference report or a motion to adjourn, and may not be withdrawn after 
such succeeding day without the consent of the House. Once entered, a 
motion may be called up for consideration by any Member. During the last 
six days of a session of Congress, such a motion shall be disposed of 
when entered.


  The motion to reconsider used in the Continental Congress and in the 
House of Representatives from its first organization, in 1789, was first 
made the subject of a rule in 1802; and at various times this rule has 
been perfected by amendments (V, 5605). Before the House recodified its 
rules in the 106th Congress, this provision was found in former clause 1 
of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).

  The motion is not used in Committee of the Whole (IV, 4716-4718; VIII, 
2324, 2325), but is in order in the House as in Committee of the Whole 
(VIII, 2793). It is not in order in the House during the absence of a 
quorum when the vote proposed to be reconsidered requires a quorum (V, 
5606). But 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 753]]

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. ----
).


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 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,



[[Page 754]]

Wednesday (VII, 905); is subject to the question of consideration (VIII, 
2437), and may be laid on the table (VIII, 2652, 2659). The motion to 
reconsider is in order in the procedure of standing committees, and may 
be made on the same day on which the action is taken to which it is 
proposed to be applied, or on the next day thereafter on which the 
committee convenes with a quorum present at a properly scheduled meeting 
at which business of that class is in order (VIII, 2213).


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 go into 
Committee of the Whole to consider an appropriation bill (VIII, 2785), 
or even of a demand that the House return to committee after the 
appearance of a quorum (IV, 3087). But in a case wherein the House had 
passed a bill and disposed of a motion to reconsider the vote on its 
passage, it was held to be too late to reconsider the vote sustaining 
the decision of the Chair which brought the bill before the House (V, 
5652), and that a motion to vacate those proceedings was not in order 
(Speaker O'Neill, Dec. 17, 1985, pp. 37472-74). After a conference has 
been agreed to and the managers for the House appointed, it is too late 
to move to reconsider the vote whereby the House acted on the amendments 
in disagreement (V, 5664). While 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 which 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 an action taken on a bill on Tuesday may 
be entered but may not be considered on Calendar




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). 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 (former clause 4(b) of rule XI) 
(Sept. 25, 1990, p. 25575).



[[Page 755]]

dent (VIII, 2778). A vote whereby a second is ordered may be 
reconsidered (V, 5642). The motion to reconsider a vote on a proposition 
having been once agreed to, and the said vote having again been taken, a 
second motion to reconsider may not be made unless the nature of the 
proposition has been changed by amendment (V, 5685-5688; VIII, 2788; 
Sept. 20, 1979, p. 25512). After disposition of a conference report and 
amendments reported from conference in disagreement, it is in order on 
the same day to move to reconsider the vote on a motion disposing of one 
of the amendments; but laying on the table a motion to reconsider the 
vote whereby the House has amended a Senate amendment does not preclude 
the House from acting on a subsequent Senate amendment to that House 
amendment, or considering any other proper motion to dispose of an 
amendment that might remain in disagreement after further Senate action 
(Oct. 5, 1983, p. 27323). For a discussion of the application of the 
motion to reconsider in committees, see Sec. 416, supra.
  The motion may not be applied to negative votes on motions to adjourn 
(V, 5620-5622), or for a recess (V, 5625), or to go into Committee of 
the Whole (V, 5641). The motion to reconsider may be applied however to 
an affirmative vote on the motion to resolve into the Committee of the 
Whole while the Speaker is still in the chair (V, 5368; Apr. 20, 1978, 
p. 10990). A motion to reconsider the vote by which the House had 
decided a question of parliamentary procedure was held not to be in 
order (VIII, 2776). Motions to reconsider negative votes on motions to 
fix the day to which the House shall adjourn have been the subject of 
conflicting rulings (V, 5623, 5624). It is in order to reconsider a vote 
postponing a bill to a day certain (V, 5643; May 29, 1980, p. 12663). It 
is not in order to reconsider a negative decision of the question of 
consideration (V, 5626, 5627), although it is in order to reconsider an 
affirmative vote on the question of consideration (Oct. 4, 1994, p. 
27644). It is not in order to reconsider a negative vote on the motion 
to suspend the rules (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. ----
), although it is in order to reconsider an affirmative vote on that 
motion (Sept. 28, 1996, p. ----). It is not in order to reconsider a 
vote on reconsideration of a bill returned with the objections of the 
Presi


[[Page 756]]

ordering of the yeas and nays on a question before the question has been 
finally decided (V, 5689-5691, 6029; VIII, 2790; Sept. 24, 1997, p. ----
); but where the House had voted to reconsider the vote whereby it had 
rejected a bill but had not separately reconsidered the ordering of a 
recorded vote, the Speaker put the question de novo and entertained a 
new demand for a recorded vote (Sept. 20, 1979, p. 25512).


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). But 
when the Congress expires leaving undisposed a motion to reconsider the 
vote whereby a simple resolution of the House has been agreed to, it is 
probable that the resolution would be operative; and where a bill has 
been enrolled, signed by the Speaker, and approved by the President, it 
is undoubtedly a law, even though a motion to reconsider may not have 
been disposed of (V, 5704, note). A Member-elect may not take the oath 
until a motion to reconsider the vote determining his title is disposed 
of (I, 335); but when, in such a case, the motion is disposed of, the 
right to be sworn is complete (I, 622). When the motion to reconsider is 
decided in the affirmative the question immediately recurs on the 
question reconsidered (V, 5703). When a vote whereby an amendment has 
been agreed to is reconsidered the amendment becomes simply a pending 
amendment (V, 5704). When the vote ordering the previous question is 
reconsidered it is in order to withdraw the motion for the previous 
question, the ``decision'' having been nullified (V, 5357). When the 
previous question has been ordered on a series of motions and its force 
has not been exhausted the reconsideration of the vote on one of the 
motions does not throw it open to debate (V, 5493); under the earlier 
practice, when a vote taken under the operation of the previous question 
was reconsidered, the main question stood divested of the previous 
question, and was debatable and amendable without reconsideration 
separately of the motion for the previous question (V, 5491-5492, 5700), 
but 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




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). But one motion to reconsider the yeas and nays 
having been acted on, another motion to reconsider is not in order (V, 
6037).




Sec. 1009. Relation of the motion to reconsider to the 
motion to lay on the table.

  A  vote on the motion to lay on the table may 
be reconsidered whether the decision be in the affirmative (V, 5628, 
5695, 6288; VIII, 2785) or in the negative (V, 5629). It is in order to 
reconsider the vote laying an appeal on the table (V, 5630), although 
during proceedings under a call of the House this motion was once ruled 
out (V, 5631). The motion to reconsider may not be applied to the vote 
whereby the House has laid another motion to reconsider on the table (V, 
5632-5640; June 20, 1967, p. 16497); and a motion to reconsider may be 
laid on the table only before the Chair has put the question on the 
motion to a vote (Sept. 20, 1979, p. 25512).





Sec. 1010. Debate on the motion to reconsider.

  A  motion to 
reconsider is debatable only if the motion proposed to be reconsidered 
was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13, 1965, p. 
23608); so the motion to reconsider a vote ordering the previous 
question is not debatable (Sept. 25, 1990, p. 25575) and the application 
of the previous question makes a motion to reconsider nondebatable (V, 
5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2, 1980, p. 18355). 
Where a resolution providing for the order of business was agreed to 
without adoption of the previous question, the Speaker advised that a 
motion to reconsider would be debatable and that the Member moving the 
reconsideration would be recognized to control the one hour of debate 
(Speaker McCormack, Sept. 13, 1965, p. 23608).


                                                      Rule XIX, clause 4
Rule XIX, clause 4




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.



[[Page 757]]

(V, 5647). Before the House recodified its rules in the 106th Congress, 
this provision was found in former clause 2 of rule XVIII, and in 
recodification a provision requiring written reports was deleted as 
redundant of the requirement contained in clause 2 of rule XIII (H. Res. 
5, Jan. 6, 1999, p. ----). There is a question as to whether or not the 
rule applies to a case wherein the House, after considering a bill, 
recommits it (V, 5648-5650). After a committee has reported a bill it is 
too late to reconsider the vote by which it was referred (V, 5651).


  This clause (former clause 2 of rule XVIII) was first adopted in 1860, 
and amended in 1872, to prevent a practice of using the privilege of the 
motion to reconsider to secure consideration of bills otherwise not in 
order