The Motion to Recommit
From the House Committee on RulesA motion made on the floor after the engrossment and third reading of a bill or resolution, but prior to the Chair's putting the question on final passage. Preference is given to a Member who is opposed to the bill, and is reserved by tradition to the Minority party. The Speaker usually gives priority recognition to the bill's Minority floor manager. The motion to recommit may be without instructions (which is non-debatable and has the effect of killing the bill), or with instructions (subject to 10 minutes or sometimes an hour of debate split between a proponent and opponent, and usually directs the reporting committee to amend "forewith" (immediately) or rewrite the bill in a specified way). The motion to recommit may apply to conference reports where the House acts first.
When in Order
Clause 2 of House Rule XIX states that immediately prior to final passage and:
"2. (a) After the previous question has been ordered on passage or adoption of a measure, or pending a motion to that end, it shall be in order to move that the House recommit (or commit, as the case may be) the measure, with or without instructions, to a standing or select committee. For such a motion to recommit, the Speaker shall give preference in recognition to a Member, Delegate, or Resident Commissioner who is opposed to the measure.
(b) Except as provided in paragraph (c), if a motion that the House recommit a bill or joint resolution on which the previous question has been ordered to passage includes instructions, it shall be debatable for 10 minutes equally divided between the proponent and an opponent.
(c) On demand of the floor manager for the majority, it shall be in order to debate the motion for one hour equally divided and controlled by the proponent and an opponent."
The Motion to Recommit Without Instructions
If the motion to recommit is without instructions, adoption of the motion has the practical impact of killing the bill without a final vote on its passage. In other words, the House has said, "send it back to the committee from whence it came. We don't want it as it is." The motion is not debatable if it does not include instructions.
The Motion to Recommit With Instructions
If the motion to recommit is with instructions, the originating committee to which the bill is returned is bound to follow those instructions. Usually the instruction is for the committee to "report the bill back to the House forthwith with the following amendment." The text of the amendment is then given in full. In effect, this is a last chance for the Minority to make a germane change in the bill. The motion to recommit with instructions is debatable for 10 minutes, equally divided, but not controlled (which means neither side may yield time) between the proponent and the opponent, although the time may be extended to one hour at the request of the Majority Floor manager. If the bill is recommitted with such "forthwith" instructions, the bill is immediately reported back to the House on the spot with the amendment, the amendment is voted on, and the House proceeds to final passage of the bill. The bill does not disappear into some legislative limbo as some seem to think. It either is killed (by adoption of a straight motion to recommit without instructions) or comes immediately back (by adoption of the "forthwith" motion to recommit with instructions).