[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]
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 clause 4 of rule XVI, 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. As adopted in the 111th Congress, clause 1(c) of rule XIX
permits the Speaker to postpone further consideration of certain
measures on which the previous question has been ordered. Manual
Sec. 1000a. 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 clause 4 of rule XVI. 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 clause 4 of rule XVI, 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 clause 4 of rule XVI. 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. However,
these precedents should be read in light of the current form of clause
6 of rule XV, which provides for Calendar Wednesday only when
specifically noticed. See Calendar Wednesday.
Form
Member: M_. 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 order of business 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
Clause 4 of rule XVI 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 order of
business 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 Ethics.
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 clause 2 of rule XV.
Deschler Ch 23 Sec. 6.4.
A special order of business 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. Such Member may move the previous question on
the motion and, if adopted, 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 clause 4 of
rule XVI. 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: M_. Speaker, I move that the [further] consideration of
____ be postponed indefinitely.
Sec. 7 . -- Precedence; Application to Other Motions
In 1822 the House amended clause 4 of rule XVI 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. 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.
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.
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A motion to discharge a committee under clause 2 of rule XV.
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.