    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Pages 604-609]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                   Rule XVII.

                               PREVIOUS QUESTION.

    Sec. 804. The previous question.

      1.  There shall be a motion
    for the previous question, which, being ordered by a majority of Members
    voting, if a quorum be present, shall have the effect to cut off all
    debate and bring the House to a direct vote upon the immediate question
    or questions on which it has been asked and ordered. The previous
    question may be asked and ordered upon a single motion, a series of
    motions allowable under the rules, or an amendment or amendments, or may
    be made to embrace all authorized motions or amendments and include the
    bill to its passage or rejection. It shall be in order, pending the
    motion for, or after the previous question shall have been ordered on
    its passage, for the Speaker to entertain and submit a motion to commit,
    with or without instructions, to a standing or select committee.

    [[Page 605]]
    to commit pending the motion for the previous question or after the
    previous question is ordered to passage was added (V, 5443). From 1880
    to 1890, the previous question could only be ordered to the engrossment
    and third reading, and then again ordered on passage, but in 1890 the
    rule was changed to permit ordering the previous question to final
    passage (V, 5443).
      The House adopted a rule for the previous question in 1789, but it was
    not turned into an instrument for closing debate until 1811. The history
    of the motion for the previous question is discussed in V, 5443, 5446;
    VIII, 2661. In 1880, the previous question rule was amended to apply to
    single motions or a series of motions as well as to amendments, and the
    motion

    Sec. 805. Effect of previous question on
    debate.

      The  previous question is the only motion used for closing debate
    in the House itself (V, 5456; VIII, 2662). It is not in order in
    Committee of the Whole (IV, 4716; Apr. 25, 1990, p. ----) but is in
    order in the House as in Committee of the Whole (VI, 639). The motion
    may not include a provision that it shall take effect at a certain time
    (V, 5457). Forty minutes of debate are allowed whenever the previous
    question is ordered on a proposition on which there has been no debate
    (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602; see clause 2 of rule
    XXVII); but if there has been debate, even though brief, before the
    ordering of the previous question, the forty minutes are not allowed (V,
    5499-5501). This preliminary debate should be on the merits of the
    question if the forty minutes of debate are to be denied for reason of
    it (V, 5502). The forty minutes should be demanded before division has
    begun on the main question (V, 5496). It may not be demanded on
    incidental motions, but is confined to the main question (V, 5497, 5498;
    VIII, 2687). It may not be demanded on a proposition that has been
    debated in Committee of the Whole (V, 5505), or on a conference report
    if the subject matter of the report was debated before being sent to
    conference (V, 5506, 5507). When the previous question is ordered merely
    on an amendment that has not been debated, the forty minutes are allowed
    (V, 5503); but the same liberty of debate is not allowed when the
    question covers both an undebated amendment and the original proposition
    (V, 5504). It was also denied on a resolution to correct an error in an
    enrolled bill (V, 5508). The forty minutes is divided, one half to those
    favoring and the other half to those opposing (V, 5495).

    [[Page 606]]
    4926-4929; VI, 639), but it may not be moved on a single section of a
    bill (IV, 4930). When ordered on a resolution with a preamble there is
    doubt of its application to the preamble, unless the motion specifies
    (V, 5469, 5470). It may be moved on a series of resolutions, but this
    does not preclude a division of the resolutions on the vote (V, 5468),
    although where two propositions on which the previous question is moved
    are related, as in the case of a special order reported from the
    Committtee on Rules and a pending amendment thereto, a division is not
    in order (Sept. 25, 1990, p. ----). The previous question is often
    ordered on undebatable propositions to prevent amendment (V, 5473,
    5490), but may not be moved on a motion that is both undebatable and
    unamendable (IV, 3077). It applies to questions of privilege as to other
    questions (II, 1256; V, 5459, 5460; VIII, 2672).

    Sec. 806. Application of the previous
    question.

      The  provisions of the rule define the application of the
    previous question with considerable accuracy. It may not be moved on
    more than one bill except by the unanimous consent of the House (V,
    5461-5465), or on motions to agree to a conference report and also to
    dispose of differences not included in the report (V, 5464) and when
    ordered on a motion to send to conference applies to that motion alone
    and does not extend to a subsequent motion to instruct conferees (VIII,
    2675). It may apply to the main question and a pending motion to refer
    (V, 5466; VI, 373; VIII, 2678), or to a pending resolution and a pending
    amendment thereto (Sept. 25, 1990, p. ----). When a bill is reported
    from the Committee of the Whole with the recommendation that the
    enacting words be stricken out, it may be applied to the motion to
    concur without covering further action on the bill (V, 5342). During
    consideration ``in the House as in Committee of the Whole'' it may be
    demanded while Members still desire to offer amendments (IV,

    [[Page 607]]

    Sec. 807. The right to move the previous
    question.

      The  Member in charge of the bill and having the floor may demand
    the previous question although another Member may propose a motion of
    higher privilege (VIII, 2684), but the motion of higher privilege must
    be put first (V, 5480; VIII, 2609, 2684), and if the Member in charge of
    the bill claims the floor in debate another Member may not demand the
    previous question (II, 1458); but having the floor, unless yielded to
    for debate only, any Member may make the motion although the effect may
    be to deprive the Member in charge of the bill (V, 5476; VIII, 2685).
    The Member who has called up a measure in the House has priority of
    recognition to move the previous question thereon, even over the
    chairman of the reporting committee (Oct. 1, 1986, p. 27468). And if,
    after debate, the Member in charge of the bill does not move the
    previous question, another Member may (V, 5475); but where a Member
    intervenes on a pending proceeding to make a preferential motion, such
    as the motion to recede from a disagreement with the Senate, he may not
    move the previous question on that motion as against the rights of the
    Member in charge (II, 1459), and the Member in charge is entitled to
    recognition to move the previous question even after he has surrendered
    the floor in debate (VIII, 2682, 3231). Where a Member controlling the
    time on a bill or resolution in the House yields for the purpose of
    amendment, another Member may move the previous question before the
    Member offering the amendment is recognized to debate it (Nov. 8, 1971,
    p. 39944; July 24, 1979, p. 20385). Where under a rule of the House
    debate time on a motion or proposition is equally divided and controlled
    by the majority and the minority, or between those in favor and those
    opposed (see, e.g., clauses 1, 2, 4, and 5 of rule XXVIII), or where a
    block of time for debate has been yielded by the manager, the previous
    question may not be moved until the other side has used or yielded back
    its time; and the Chair may vacate the adoption of the previous question
    where it was improperly moved while the other side was still seeking
    time (Oct. 3, 1989, p. 22842). The previous question may not be demanded
    on a proposition against which a point of order is pending (VIII, 3433).

    Sec. 808. The motion to commit in relation to the previous
    question.

      The  motion to commit under this rule applies to resolutions of
    the House alone as well as to bills (V, 5572, 5573; VIII, 2742), and to
    a motion to amend the Journal (V, 5574). It does not apply to a report
    from the Committee on Rules providing a special order of business (V,
    5593-5601; VIII, 2270, 2750), or to a pending amendment to a proposition
    in the House (V, 5573). Although a motion to commit under this clause,
    with instructions to report forthwith with an amendment, has been
    allowed after the previous question has been ordered on a motion to
    dispose of Senate amendments before the stage of disagreement (V, 5575;
    VIII, 2744, 2745), a motion to commit under this rule does not apply to
    a motion disposing of Senate amendments after the stage of disagreement
    where utilized to displace a pending preferential motion (Speaker
    Albert, Sept. 16, 1976, pp. 30887-88).

      The motion to commit may be made pending the demand for the previous
    question on the passage, whether a bill or resolution be under
    consideration (V, 5576); but when the demand covers all stages of the
    bill to the final passage the motion to commit is made only after the
    third reading, and is not in order pending the demand or before the
    engrossment or third reading (V, 5578-5581). When separate motions for
    the previous question are made, respectively, on the third reading and
    on the passage of a bill, the motion to commit should be made only after
    the previous question is ordered on the passage (V, 5577). When the
    previous question has been ordered on a simple resolution (as
    distinguished from a joint resolution) and a pending amendment, the
    motion to commit should be made after the vote on the amendment (V,
    5585-5588). A motion to commit has been entertained after ordering of
    the previous question even before the adoption of rules at the beginning
    of a Congress (VIII, 2755; Jan. 5, 1981, p. 111). It was formerly held
    that the opponents of a bill had no claim to prior recognition to make
    the motion (II, 1456), but under clause 4 of rule XVI the prior right to
    recognition is given to an opponent on a bill or joint resolution
    pending final passage. The right to move to recommit a House bill with a
    Senate amendment belongs to a Member who is opposed to the whole bill in
    preference to a Member who is merely opposed to the Senate amendment
    (VIII, 2772). When the House refused to order a bill to be engrossed and
    read a third time the motion to commit may not be made (V, 5602, 5603).

    [[Page 608]]

      An opponent, preferably a Minority Member in order of seniority on the
    committee reporting the measure or a similar measure, has priority of
    recognition to offer a motion to commit a simple or concurrent
    resolution under this clause (VIII, 2764; Nov. 28, 1979, p. 33914;
    Procedure, ch. 23, sec. 13.1), but a motion under this clause to commit
    a resolution called up in the House as a privileged matter and not
    previously referred to committee does not depend on party affiliation or
    on opposition to the resolution (Speaker Albert, Feb. 19, 1976, p.
    3920).

      The motion to refer under this rule after the previous question is
    ordered is not debatable (V, 5582), except as provided in clause 4 of
    rule XVI; but may be amended, as by adding instructions, unless such
    amendment be precluded by moving the previous question (V, 5582-5584;
    VIII, 2695). Unless the previous question is ordered, an amendment
    (including one in the nature of a substitute) is in order on a motion to
    commit with instructions (VIII, 2698, 2759), but the amendment should be
    germane (V, 6888; VIII, 2711).

      It is not in order to do indirectly by a motion to commit with
    instructions what may not be done directly by way of amendment such as
    to propose an amendment that is not germane (V, 5529-5541, 5834, 5889;
    VIII, 2707, 2708); to propose to strike out or amend what has already
    been inserted by way of amendment (V, 5531; VIII, 2712, 2714, 2715,
    2723); to propose an amendment in violation of clauses 2, 5, or 6 of
    rule XXI (V, 5533-5540); or to grant a committee leave to report at any
    time (V, 5543). Where a special rule providing for the consideration of
    a bill prohibited the offering of amendments to a certain title of the
    bill during its consideration (in both the House and the Committee of
    the Whole), it was held not in order to offer a motion to recommit with
    instructions to incorporate an amendment in the restricted title (Jan.
    11, 1934, pp. 479-83).

      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749). Thus, a motion to recommit a bill to a standing
    committee with recommendations for producing legislation that the
    President could sign was held inadmissible in both form and content
    (Feb. 27, 1992, p. ----). The motion may not be laid on the table after
    the previous question has been ordered (V, 5412-5414). Only one motion
    to commit is in order (V, 5577, 5582, 5585; VIII, 2763), but where a
    bill is recommitted under this motion the previous question being
    pending but not ordered on final passage and, having been reported
    again, is again amended and subjected to the previous question, another
    motion to commit is in order after the engrossment and third reading (V,
    5591). And where one motion to recommit was ruled out of order, the
    Speaker entertained a proper motion to recommit (VIII, 2763).

    [[Page 609]]
    state that the previous question be considered as ordered after debate,
    the previous question is considered as ordered from the beginning of the
    debate, precluding the consideration of any intervening motion (Mar. 12,
    1980, pp. 5387-93).
      When a special order declares that at a certain time the previous
    question shall be considered as ordered on a bill to the final passage,
    it has usually, but not always, been held that a motion to commit is
    precluded (IV, 3207-3209). Under clause 4(b) of rule XI the Committee on
    Rules is prohibited from reporting such special order that precludes the
    motion to recommit in clause 4 of rule XVI (Sec. 729(a); VIII, 2260,
    2262-2264). Clause 4(b) was amended in the 104th Congress to further
    prohibit the Committee on Rules from denying the Minority Leader or his
    designee the right to include proper amendatory instructions in a motion
    to recommit (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----). Where a
    special order providing for consideration of a matter in the House
    provides that the previous question shall be considered as ordered
    thereon without intervening motion, and does not simply

    Sec. 809. Relation of the previous question to other
    motions.

      The  motion to lay on the table may not be applied to the previous
    question (V, 5410, 5411); nor may it be applied to the main question
    after the previous question has been ordered (V, 5415-5422; VIII, 2655),
    or after the yeas and nays have been ordered on the demand for the
    previous question (V, 5408, 5409).

      The motion to postpone may not be applied to the main question after
    the previous question has been ordered (V, 5319-5321; VIII, 2617). The
    previous question may be applied both to the main question and a pending
    motion to refer (V, 5342; VI, 373).

    Sec. 810. Relation of previous question to failure of a
    quorum.

      2.  A call of the House shall not be in order after the previous
    question is ordered, unless it shall appear upon an actual count by the
    Speaker that a quorum is not present.

      This clause of the rule was adopted in 1860 (V, 5447).

    Sec. 811. Questions of order pending the motion for the
    previous question.

      3.  All incidental questions of order arising after a
    motion is made for the previous question, and pending such motion, shall
    be decided, whether on appeal or otherwise, without debate.

      This clause was adopted in 1837 to prevent delay by debate on points
    of order after the demand for the previous question (V, 5448). Under the
    present practice, since debate on points or order is entirely within the
    control of the Chair, he may recognize and respond to a parliamentary
    inquiry although the previous question may have been demanded (Speaker
    pro tempore Snell, Mar. 27, 1926, p. 6469).

      A question of privilege relating to the integrity of action of the
    House itself has been distinguished from ordinary questions of order and
    has been thrown open to debate after the ordering of the previous
    question (III, 2532).