[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 38. Postponement]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 38 - POSTPONEMENT
HOUSE PRACTICE
Sec. 1. Postponement Generally
Sec. 2. Motion to Postpone to a Day Certain
Sec. 3. -- Precedence
Sec. 4. -- Application to Particular Propositions
Sec. 5. -- Debate and Amendment
Sec. 6. Motion to Postpone Indefinitely
Sec. 7. -- Precedence; Application to Other Motions
Sec. 8. -- Debate and Amendment
Research References
5 Hinds Sec. Sec. 5306-5318
8 Cannon Sec. Sec. 2613-2617
Deschler Ch 23
Manual Sec. Sec. 443-453, 911, 915, 998, 1030
Sec. 1 . Postponement Generally
Authority for Motion or Declaration
Under rule XVI clause 4, a matter under debate may be postponed to
a future day (or indefinitely) pursuant to a motion by any Member.
Manual Sec. Sec. 911, 915. A matter also may be postponed pursuant to
the provisions of a special order of business. Deschler Ch 23
Sec. 8.1. For example, a special order may order the previous question
to final passage without intervening motion but also permit the
Speaker to postpone further consideration within a specified time
notwithstanding the operation of the previous question. 107-2, H. Res.
574, Oct. 8, 2002, p ____. In some instances the postponement of the
consideration of a particular class of legislation has been recognized
in statutes that reserve to the Congress the right to review certain
executive branch actions. See Manual Sec. 1130; e.g., the Trade Act of
1974 (19 USC Sec. 2192). For postponement relating to voting, see
Voting.
Postponement Motions
In the House there are two motions to postpone: (1) the motion to
postpone to a day certain and (2) the motion to postpone a matter
indefinitely.
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Both types of motions are provided for by House rule XVI clause 4.
Under that rule the motion to postpone to a day certain takes
precedence over the motion to postpone indefinitely. The rule further
provides that, once decided, neither motion may be made again on the
same day at the same stage of the question. Manual Sec. 911.
The two motions are distinguishable in several respects:
The motion to postpone to a day certain takes precedence over
various secondary motions in rule XVI clause 4, including the
motions to refer or to amend (Sec. 3, infra), whereas the
motion to postpone indefinitely yields to all those secondary
motions (Sec. 7, infra).
The motion to postpone to a day certain is debatable only
within narrow limits (Sec. 5, infra), whereas debate on the
motion to postpone indefinitely may be extended even to the
merits of the pending proposition (Sec. 8, infra).
The motion to postpone to a day certain merely suspends
consideration of the pending measure until the date specified
(Sec. 2, infra), whereas the motion to postpone indefinitely
has the effect of finally disposing of the pending matter
adversely (Sec. 6, infra).
Postponement of Measures in Committee of the Whole
The motion to postpone, either to a day certain or indefinitely,
is not in order in the Committee of the Whole. Manual Sec. 915;
Deschler Ch 23 Sec. 5. It is not in order in the House to move to
postpone a bill where the bill is still being considered in the
Committee. 4 Hinds Sec. 4915; 8 Cannon Sec. 2436.
Disposition of unfinished matters, see Unfinished Business.
Sec. 2 . Motion to Postpone to a Day Certain
When in Order
When a question is under debate, the motion to postpone to a
particular day is provided for by rule XVI clause 4. Manual
Sec. Sec. 911, 915. The motion is in order in the House and when the
House is sitting as in the Committee of the Whole. 95-1, Nov. 1, 1977,
p 36351. The motion is in order following the reading of the pending
proposition and may be offered before the manager of the proposition
has been recognized for debate. Deschler Ch 23 Sec. 6.2; Deschler-
Brown Ch 29 Sec. 68.53. It is not in order after the previous question
has been ordered on the pending matter. 5 Hinds Sec. Sec. 5319-5321; 8
Cannon Sec. Sec. 2616, 2617; Deschler Ch 23 Sec. 6.1.
A motion to postpone to ``the next legislative day'' is construed
as a motion to postpone to a day certain. 8 Cannon Sec. 2657. The
motion to postpone to a day certain may not specify a particular hour.
5 Hinds Sec. 5307; Deschler Ch 23 Sec. 5. It is not in order to move
to postpone consideration
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of business to a day certain if that day is Calendar Wednesday, except
by unanimous consent. 7 Cannon Sec. 970; 8 Cannon Sec. 2614.
Form
Member: Mr. Speaker, I move that the [further] consideration of
__________ [the proposition] be postponed until Friday next.
Effect of Motion
When the House adopts a motion to postpone a measure to a day
certain, the effect is to suspend consideration of the measure until
the day specified in the motion. 8 Cannon Sec. 2614. A subsequent
motion providing for an earlier consideration of the matter is not in
order. 5 Hinds Sec. 5308.
Application of Motion to Table
The motion to postpone to a day certain is subject to the motion
to lay on the table. Manual Sec. 914. The adoption of the motion to
table carries only the motion to postpone--not the underlying
measure--to the table. 8 Cannon Sec. 2657.
Voting
A motion to postpone a proposition to a day certain may be
determined by a simple majority vote, even though the proposition
itself may require a two-thirds vote for passage. 7 Cannon Sec. 1112.
A bill that comes before the House on the day scheduled for it by a
special rule likewise may be postponed by a majority vote. 4 Hinds
Sec. 3177.
The vote on a motion to postpone a measure to a day certain is
subject to a motion to reconsider. 5 Hinds Sec. 5643.
Sec. 3 . -- Precedence
Rule XVI clause 4 lists the motion to postpone to a day certain
fourth among those motions available when a question is under debate.
It follows the motions to adjourn and to lay on the table and the
motion for the previous question, and thus the motion to postpone must
yield to these more preferential motions. 5 Hinds Sec. 5301; 8 Cannon
Sec. 2609. However, the motion to postpone to a day certain enjoys
precedence over the motions to refer, to amend, and to postpone
indefinitely. Manual Sec. 911; 5 Hinds Sec. 5301. The motion also
takes precedence over the question of passing a bill vetoed by the
President. Deschler Ch 23 Sec. 7.1.
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Sec. 4 . -- Application to Particular Propositions
The motion to postpone to a day certain has been applied to a wide
variety of measures and questions, it being reasoned that otherwise
the majority of the House could not exercise its will over the
consideration of its business. 8 Cannon Sec. 2613. However, the motion
must be applied to the entire pending proposition, and not merely to a
part thereof. 5 Hinds Sec. 5306.
The motion to postpone consideration of a matter to a day certain
is applicable to such propositions as:
A bill coming before the House pursuant to a special rule
assigning the day for its consideration. 4 Hinds Sec. 3177.
A veto message, notwithstanding the constitutional mandate
that the House ``shall proceed to reconsider'' a vetoed bill. 4
Hinds Sec. Sec. 3542-3547; 7 Cannon Sec. Sec. 1101, 1105, 1112;
Deschler Ch 23 Sec. 7.1.
A resolution of disapproval under certain statutes. Deschler
Ch 23 Sec. 6.3.
A resolution of censure reported from the Committee on
Standards of Official Conduct. Deschler-Brown Ch 29 Sec. 68.53.
An appeal from the decision of the Chair. 8 Cannon Sec. 2613.
The motion to postpone to a day certain is not applicable to:
A motion to discharge a committee under rule XV clause 2.
Deschler Ch 23 Sec. 6.4.
A special rule from the Committee on Rules unless the previous
question is rejected. Manual Sec. 858; 5 Hinds Sec. 4958.
Sec. 5 . -- Debate and Amendment
The motion to postpone to a day certain is subject to amendment. 5
Hinds Sec. 5754; 8 Cannon Sec. 2824. It is debatable within narrow
limits. 5 Hinds Sec. 5309. Debate is limited to the advisability of
postponement only and may not go to the merits of the proposition to
be postponed. 5 Hinds Sec. Sec. 5310-5315; 8 Cannon Sec. 2372;
Deschler Ch 23 Sec. 5.
In the House a motion to postpone to a day certain is debatable
for one hour controlled by the Member offering the motion. Deschler-
Brown Ch 29 Sec. 68.56. He may move the previous question on the
motion and thereby terminate debate and preclude amendment. Deschler
Ch 23 Sec. 7.2. If a motion to table the motion is agreed to, debate
on and amendments to the motion to postpone are precluded. 8 Cannon
Sec. 2654.
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Sec. 6 . Motion to Postpone Indefinitely
Authorization and Effect
The motion to postpone indefinitely is provided for by rule XVI
clause 4. Manual Sec. Sec. 911, 915. Adoption by the House of a motion
to postpone a measure indefinitely constitutes final adverse
disposition of that measure. Deschler Ch 23 Sec. 5.
Application
The motion to postpone indefinitely has been held not to apply to
a veto message from the President, a ruling that would appear to be
reinforced by the constitutional mandate that the House must ``proceed
to reconsider'' the measure. U.S. Const. art. I, Sec. 7; 4 Hinds
Sec. 3548. However, the motion has been applied to various other
legislative propositions, including:
A House bill with Senate amendment. 5 Hinds Sec. 6200.
A Senate bill with House amendment. 5 Hinds Sec. 6199.
A resolution of disapproval of executive actions under certain
statutes. Deschler Ch 23 Sec. 6.3.
A resolution relating to the election of House officers. 5
Hinds Sec. 5318.
The motion to postpone indefinitely must be applied to the entire
pending proposition and not merely to a part thereof. 5 Hinds
Sec. 5306.
Form
Member: Mr. Speaker, I move that the [further] consideration of
________ be postponed indefinitely.
Sec. 7 . -- Precedence; Application to Other Motions
In 1822 the House amended rule XVI clause 4 to change the
precedence of the motion to postpone indefinitely from its former
place--immediately after the motion for the previous question--to the
end of the list, where it remains to this day. Manual Sec. 911.
Accordingly, the motion to postpone indefinitely enjoys no precedence
over the other secondary motions and must yield to the motions to
adjourn, to lay on the table, for the previous question, to postpone
to a day certain, to refer, and to amend. 5 Hinds Sec. 5301; Deschler
Ch 23 Sec. 8.1 (note). Because of its less preferential status, the
motion is seldom used in the modern practice. It has been held
specifically inapplicable to:
A motion to refer. 5 Hinds Sec. 5317.
A motion to suspend the rules. 5 Hinds Sec. 5322.
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A motion to resolve into Committee of the Whole, except under
a statute providing for consideration of a resolution of
disapproval that specifically allows the motion to postpone.
Manual Sec. 915; 6 Cannon Sec. 726.
A motion to discharge a committee under rule XV clause 2.
Deschler Ch 23 Sec. 6.4.
Sec. 8 . -- Debate and Amendment
The motion to postpone indefinitely is not amendable. Deschler Ch
23 Sec. 8.1 (note). However, the motion is debatable, including debate
on the merits of the pending proposition. 5 Hinds Sec. 5316.
Debate on the motion may be precluded by statute with respect to a
particular class of legislation. See, e.g., the Trade Act of 1974,
Sec. 152(d)(3) (19 USC Sec. 2192(d)(3)). Notwithstanding such a
statute, the House may permit debate on the motion by unanimous
consent. 98-1, Aug. 1, 1983, pp 21899, 21900.