[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-38]
[Page 647-652]
[[Page 647]]
POSTPONEMENT
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 Secs. 5306-5318
8 Cannon Secs. 2613-2617
7 Deschler Ch 23
Manual Secs. 443-453, 631, 782, 786, 809
Sec. 1 . Postponement Generally
Authority for Motion
In the House, 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. 782. (As to the Speaker's authority to
postpone proceedings on certain questions for a period not to exceed
two legislative days, see Voting.) A matter may also be postponed
pursuant to the provisions of a resolution. Deschler Ch 23 Sec. 8.1.
And in some instances the postponement of the consideration of a
particular class of legislation has been recognized in statutes which
reserve to the Congress the right to review certain executive branch
actions. See Manual Sec. 1013. See e.g., the Trade Act of 1974 (19 USC
Sec. 2192).
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 are permitted 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 the motion
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to postpone indefinitely nor the motion to postpone to a day certain
may be made on the same day at the same stage of the question. Manual
Sec. 782.
The two motions are distinguishable in many respects:
<box> The motion to postpone to a day certain takes precedence over
various secondary motions in 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).
<box> 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).
<box> 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. Deschler Ch 23 Sec. 5.
And 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. However, unless barred by the special
rule that governs the consideration of the pending bill, it is in
order in the Committee to move that a bill be reported to the House
with the recommendation that action on it be postponed. 4 Hinds
Sec. 4765; 8 Cannon Sec. 2372; Deschler Ch 23 Sec. 5.
Disposition of unfinished matters, see Unfinished Business.
Sec. 2 . Motion to Postpone to a Day Certain
When in Order
The motion to postpone to a particular day is authorized by Rule
XVI clause 4 when a question is under debate. Manual Sec. 782. The
motion is in order in the House and when the House is sitting as in
Committee of the Whole. 95-1, Nov. 1, 1977, p 36351. The motion is in
order following the reading of the pending proposition (Deschler Ch 28
Sec. 6.2), and may be offered before the manager of the proposition
has been recognized for debate (96-2, Oct. 2, 1980, pp 28953-78). It
is not in order after the previous question has been ordered on the
pending matter. 5 Hinds Secs. 5319-5321; 8 Cannon Secs. 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.
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It is not in order to move to postpone consideration of business
to a day certain if that day is Calendar Wednesday (8 Cannon
Sec. 2614), except by unanimous consent (7 Cannon Sec. 970).
Forms
In the House
Member: Mr. Speaker, I move that the [further] consideration of
House Resolution 321 be postponed until Friday next.
In Committee of the Whole
Member: Mr. Chairman, I move that the Committee now rise and
report the bill back to the House with the recommendation that
further consideration 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. 96-2, May 30, 1980, p 12825. The adoption of the
motion to table does not carry the bill to the table, however, but
only the motion to postpone. 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 which 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
The motion to postpone to a day certain is listed fourth among
those motions which enjoy precedence when a question is under debate.
See Rule XVI clause 4. It follows the motions to adjourn, to lay on
the table, and for the previous question, and thus must yield to these
more privileged motions. 5 Hinds Sec. 5301; 8 Cannon Sec. 2609. On the
other hand, the motion en-
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joys precedence over the motions to refer, to amend, or to postpone
indefinitely. Manual Sec. 782. See also 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.
In Committee of the Whole, where not precluded by a special rule
ordering the previous question, the motion to recommend postponement
of a bill to a day certain takes precedence over the motion to amend
(8 Cannon Sec. 2615), but yields to a motion to report the bill with
the recommendation that it pass (4 Hinds Sec. 4765) and to a motion to
report the bill with a recommendation that it lie on the table (4
Hinds Sec. 4777).
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:
<box> A bill coming before the House pursuant to a special rule
assigning the day for its consideration. 4 Hinds Sec. 3177.
<box> Veto messages (4 Hinds Secs. 3542-3547; 7 Cannon Secs. 1105,
1112), notwithstanding the constitutional mandate that the
House ``shall proceed to reconsider'' a vetoed bill (7 Cannon
Sec. 1101). See also Deschler Ch 23 Sec. 7.1.
<box> A resolution of disapproval. Deschler Ch 23 Sec. 6.3.
<box> A resolution of censure reported from the Committee on
Standards of Official Conduct. 96-2, May 29, 1980, p 12650; 96-
2, Oct. 2, 1980, pp 28953-78.
<box> An appeal from the decision of the Chair. 8 Cannon Sec. 2613.
The motion to postpone to a day certain is not applicable to:
<box> A motion to discharge a committee under Rule XXVII clause 4.
Deschler Ch 23 Sec. 6.4.
<box> A special rule from the Committee on Rules providing for the
consideration of an entire class of bills (5 Hinds Sec. 4958)
or providing for consideration of a particular bill (Rule XI
clause 4(b).
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) and is debatable within narrow
limits (5
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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 Secs. 5310-5315; Deschler Ch 23 Sec. 5; 8 Cannon
Sec. 2372; 96-2, May 29, 1980, pp 12649-59. This limitation on debate
is also applied to the motion that the Committee of the Whole rise and
report with the recommendation that consideration of a measure be
postponed to a day certain; such debate is confined to the
advisability of postponement and does not extend to the merits of the
question under consideration. 8 Cannon Sec. 2372.
In the House a motion to postpone to a day certain is debatable
for one hour, controlled by the Member offering the motion. 96-2, Oct.
2, 1980, pp 28953-78; 96-2, May 29, 1980, p 12650. He may seek
recognition to move the previous question on the motion and thereby
terminate debate and preclude amendment. Deschler Ch 23 Sec. 7.2. Of
course, 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 and Effect
The motion to postpone indefinitely is authorized under Rule XVI
clause 4. Manual Sec. 782. When the House adopts a motion to postpone
a measure indefinitely, the action constitutes a 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 (4 Hinds Sec. 3548), a ruling which
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. However, the motion has been applied to the various other
legislative propositions, including:
<box> House bills with Senate amendment. 5 Hinds Sec. 6200.
<box> Senate bills with House amendments. 5 Hinds Sec. 6199.
<box> Resolutions of disapproval. Deschler Ch 23 Sec. 6.3.
<box> Resolutions relating to the election of House officers. 5
Hinds Sec. 5318.
It should be noted that the motion to postpone indefinitely must
be applied to the entire pending proposition, and not merely to a part
thereof. 5 Hinds Sec. 5306.
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Forms
In the House
Member: Mr. Speaker, I move that the [further] consideration of
________ be postponed indefinitely.
In Committee of the Whole
Member: Mr. Chairman, I move that the Committee rise and report
the bill back to the House with the recommendation that the
[further] consideration of __________ be postponed indefinitely.
Sec. 7 . -- Precedence; Application to Other Motions
In 1822, the House amended the rule (Rule XVI clause 4, Manual
Sec. 782) which governs the precedence of secondary motions in order
when a question is under debate. This amendment took the motion to
postpone indefinitely from its place immediately after the motion for
the previous question, and relegated it to the end of the list, where
it remains to this day. Accordingly, the motion to postpone
indefinitely enjoys no precedence over the other secondary motions,
and indeed must yield to the motion to adjourn, lay on the table, for
the previous question, to postpone to a day certain, to refer, and to
amend. 5 Hinds Sec. 5301. See also Deschler Ch 23 Sec. 8.1 (note).
Because of its low preferential status, the motion is thus seldom used
in the modern practice. It has been held specifically inapplicable to:
<box> Motions to refer. 5 Hinds Sec. 5317.
<box> Motions to suspend the rules. 5 Hinds Sec. 5322.
<box> Motions to resolve into Committee of the Whole. 6 Cannon
Sec. 726.
<box> Motions to discharge a committee under Rule XXVII clause 4.
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). But the motion is open to debate, 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, for example, the Trade Act of
1974, Sec. 152(d)(3). Notwithstanding such a statute, the House may
nevertheless permit debate on the motion by unanimous consent. 98-1,
Aug. 1, 1983, pp 21899, 21900.