[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]
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. --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
The House provides for postponement at three separate stages using
three different modes: (1) postponement of a measure by motion under
clause 4(a)(4) of rule XVI (Manual Sec. 911); (2) postponement of
further consideration of a measure by the Speaker under clause 1(c) of
rule XIX (Manual Sec. 1000a); and (3) postponement of a vote under
clause 8 of rule XX (Manual Sec. 1030). This chapter addresses only
the motion to postpone. For postponement relating to voting, see
Voting.
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.
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. 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 that 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. Although older precedents
hold that it is not in order to move to postpone consideration of
business to a day certain if that day is Calendar Wednesday, except by
unanimous consent (7 Cannon Sec. 970; 8 Cannon Sec. 2614), 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
disposed of by a simple majority vote, even though the proposition
itself may require a two-thirds vote for passage. 7 Cannon Sec. 1112.
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, to lay on the table, and 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.
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; 114-2, Jan. 8, 2016, p__.
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.
A resolution of expulsion reported from the Committee on
Ethics. 107-2, July 24, 2002, p 14300.
An appeal from the decision of the Chair, along with the
underlying matter. 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.
Sec. 6 . Motion to Postpone Indefinitely
Authorization, Effect, and Precedence
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. 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.
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 . --Application to Other Motions
The motion to postpone indefinitely 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.
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.