[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 41. Question of Consideration]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 41 - QUESTION OF CONSIDERATION
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Propositions Subject to the Question
Sec. 3. Propositions Not Subject to the Question
Sec. 4. Application to Points of Order Against Unfunded Mandates
Research References
5 Hinds Sec. Sec. 4936-4977
8 Cannon Sec. Sec. 2436-2447
Deschler-Brown Ch 29
Manual Sec. Sec. 906-910
Sec. 1 . In General
Generally; Purpose and Effect
Rule XVI clause 3 provides that when any motion or proposition is
entertained, a Member may demand the question ``[w]ill the House now
consider it?'' Manual Sec. 906. This rule, which was adopted in its
present form in 1880, permits the House by simple majority vote to
refuse to consider business it may not want to consider on that day. 5
Hinds Sec. 4936; 8 Cannon Sec. 2447. The rule provides that the
question is not to be put unless demanded. Manual Sec. 906.
Any Member, Delegate, or the Resident Commissioner may demand the
question of consideration, even against matters of the highest
privilege and even though the Member in charge claims the floor for
debate or to move the previous question. 5 Hinds Sec. Sec. 4936, 4941,
4944, 4945, 5478; 6 Cannon Sec. 404. The question of consideration is
not debatable because such debate would defeat the purpose of the
rule. 8 Cannon Sec. 2447. If the House votes against consideration, it
has the effect of preventing all debate on the pending measure at that
time. The form for raising the question of consideration is as
follows:
Member: Mr. Speaker, I raise the question of consideration.
Speaker: The gentleman raises the question of consideration. The
question is: Will the House now consider it [the motion or
proposition]?
Where a report from the Committee on Rules is called up on the
same legislative day on which reported, the Chair puts the question
without de
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mand pursuant to rule XIII clause 6(a)(1). Manual Sec. 857; see
Special Orders of Business.
When in Order
The question of consideration is not in order after debate has
begun and does not lie until the initial reading has been concluded. 5
Hinds Sec. Sec. 4937-4939; 6 Cannon Sec. 541; 8 Cannon Sec. 2436. It
may not be raised after the previous question has been ordered. 5
Hinds Sec. Sec. 4965, 4966.
Voting on the Question
A negative vote on the question of consideration does not amount
to a rejection of the proposition and does not prevent the measure
from being brought before the House again. 5 Hinds Sec. 4940. By the
same token, an affirmative vote does not prevent the question of
consideration from being raised on a subsequent day when the bill is
again called up as unfinished business. 8 Cannon Sec. Sec. 2438, 2447.
If the question of consideration is raised but not voted on at
adjournment it does not recur as unfinished business on the succeeding
day. 5 Hinds Sec. Sec. 4947, 4948.
It is in order to reconsider an affirmative vote on the question
of consideration. Deschler-Brown Ch 29 Sec. 5. However, it is not in
order to reconsider a negative vote on the question of consideration.
5 Hinds Sec. Sec. 5626, 5627.
As Related to Points of Order
A point of order against the eligibility for consideration of a
bill, which if sustained might prevent consideration, should be made
and decided before the question of consideration is put. Manual
Sec. 909. However, if the point of order relates merely to the manner
of considering the bill, the point of order should be passed on after
the House has decided the question of consideration. 5 Hinds
Sec. 4950. Points of order against a conference report are raised
after the question of consideration has been decided in the
affirmative. Manual Sec. 909.
A point of order against consideration of a bill for failure of a
proper quorum in committee to report was permitted despite unanimous
consent of the House to immediately consider the bill because the
unanimous-consent request was not accompanied by a waiver of points of
order. Deschler Ch 20 Sec. 17.13.
Other Methods of Preventing Consideration
Immediate consideration of a measure can be avoided by use of the
motions to postpone or to refer. Manual Sec. Sec. 915, 916. Successful
application of
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the motion to lay the proposition on the table constitutes a final
adverse disposition of the matter before the House. See Lay on the
Table.
Sec. 2 . Propositions Subject to the Question
The question of consideration has been applied to bills,
resolutions, motions, and reports. It may be demanded against matters
of highest privilege. Manual Sec. 908; 5 Hinds Sec. 4941. The question
may be demanded:
Against a committee report relating to the seating of a
Member. 5 Hinds Sec. 4941.
Against a resolution raising a question of the privileges of
the House. 6 Cannon Sec. 560.
Against a bill that has been made in order on a particular day
by a special order. 4 Hinds Sec. 3175; 5 Hinds Sec. Sec. 4953-
4957.
Against a bill on the Union Calendar on Calendar Wednesday
before resolving into the Committee of the Whole. 8 Cannon
Sec. 2445.
Against the motion to reconsider. 8 Cannon Sec. 2437.
Against a conference report. 8 Cannon Sec. 2439; Deschler-
Brown Ch 29 Sec. 5.12.
Against a resolution to elect a Member to a standing
committee. 104-1, July 10, 1995, p 18253.
Sec. 3 . Propositions Not Subject to the Question
The question of consideration lies only against an individual
proposition and may not be raised against a class of business, such as
District of Columbia business generally. 4 Hinds Sec. Sec. 3308, 3309;
5 Hinds Sec. 4598.
Some legislative propositions are considered under special rules
that provide for the ``immediate consideration'' of the proposition.
Under that procedure the House decides the question of consideration
by voting on the special rule itself, and the question of
consideration cannot be raised against the ultimate proposition. 5
Hinds Sec. Sec. 4960-4963; 8 Cannon Sec. Sec. 2440, 2441. The question
of consideration is likewise inapplicable to a motion to resolve into
the Committee of the Whole because the House expresses its will
concerning consideration by voting on the motion. Manual Sec. 908;
Deschler-Brown Ch 29 Sec. 5.6. Under modern practice, special rules
authorize the Speaker to declare the House resolved into Committee of
the Whole without motion, thereby precluding the question of
consideration or any vote of the House. Rule XVIII clause 2(b); Manual
Sec. 972.
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Other propositions held not subject to the question of
consideration include:
A bill returned with the President's veto. 5 Hinds
Sec. Sec. 4969, 4970.
A motion relating to the order of business. 5 Hinds
Sec. Sec. 4971-4976; 8 Cannon Sec. 2442.
A motion to discharge committees. 5 Hinds Sec. 4977.
Propositions before the House merely for reference. 5 Hinds
Sec. 4964.
A motion under rule XIV clause 2(d) to take from the Speaker's
table a Senate bill substantially the same as a House bill
already favorably reported and on the House Calendar. 8 Cannon
Sec. 2443.
Reports from the Committee on Rules relating to the rules or
order of business. Rule XIII clause 6; Manual Sec. 858; 5 Hinds
Sec. Sec. 4961-4963.
Sec. 4 . Application to Points of Order Against Unfunded Mandates
Sections 423-426 of the Congressional Budget Act establish
committee report requirements and points of order against
consideration. Manual Sec. 1127; see also Unfunded Mandates.
Section 425(a)(2) establishes a point of order against
consideration of any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of Federal
intergovernmental mandates by an amount that exceeds the $50 million
threshold in section 424(a)(1) unless it also provides spending
authority or authorizes sufficient appropriations to cover the costs.
Section 426(a) of the Act establishes a point of order against
consideration of any rule or order that waives the application of
section 425. Points of order under sections 425 and 426(a) of the
Budget Act are disposed of not by a ruling of the Chair but by the
Chair stating the question of consideration. Section 426(b)(2)
establishes as a threshold premise for cognizability of a point of
order under section 425 or 426(a) the specification of precise
legislative language that is alleged to constitute a Federal mandate.
Form
The Speaker: The gentleman from __________ makes a point of order
that the resolution (H. Res. ____) violates section 426(a) of the
Congressional Budget Act of 1974 by waiving all points of order
(therefore necessarily including the application of section 425 of
that Act) during the consideration of H.R. ____. In accordance with
section 426(b)(2) of the Act, the gentleman has met his threshold
burden to identify the language of the resolution that has that
effect. Under section 426(b)(4) of the Act, the gentleman from
__________ and a Member opposed will each control 10 minutes of
debate. Pursuant to section 426(b)(3) of the Act, after debate the
Chair will put the question of consideration, to wit: ``Will the
House now consider the resolution?''