[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 55. Unfinished Business]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 893]]
CHAPTER 55 - UNFINISHED BUSINESS
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Business Unfinished at Adjournment
Sec. 3. -- Where Previous Question Ordered
Sec. 4. -- On Days Designated for Special Classes of Business
Sec. 5. Voting as Unfinished Business
Sec. 6. Business Postponed to a Day Certain
Sec. 7. In Committee of the Whole
Research References
4 Hinds Sec. Sec. 3112-3114, 4735, 4736
6 Cannon Sec. Sec. 740, 741
Deschler Ch 21 Sec. 3
Manual Sec. Sec. 869, 876-879
Sec. 1 . In General
Unfinished business is business that was carried over from a
previous day and is in order immediately after disposition of business
on the Speaker's table under rule XIV clauses 1 and 3, which set forth
the daily order of business in the House. Manual Sec. Sec. 869, 876.
The resumption of unfinished business under clause 3 may be preempted
by business of higher privilege, such as a motion to discharge on a
discharge day. Deschler Ch 21 Sec. 3. Unfinished business may not be
called up under rule XIV clause 1 if the order of business under that
rule has been supplanted, as it always is. See Order of Business;
Privileged Business.
The Speaker has the discretionary authority under rule XX clause 8
to postpone certain questions and to ``cluster'' them for voting at a
designated time or place in the legislative schedule. The postponement
authorized by the rule must be to a time within two subsequent
legislative days, with the exception of questions relating to the
approval of the Journal, which may be postponed only to a time on the
same legislative day. Manual Sec. Sec. 877, 1030. Once announced, the
time for taking postponed votes may be redesignated within the
permissible period by the Chair. Manual Sec. 1030. When the House
adjourns on the second legislative day after postponement of a
question under rule XX clause 8, without resuming proceedings thereon,
the
[[Page 894]]
question remains unfinished business on the next legislative day.
Manual Sec. Sec. 877, 1030; see Voting.
Certain categories of business that are suspended until a
designated time are called up automatically. In addition to votes
under rule XX clause 8 discussed supra, consideration of a veto
message postponed to a day certain provides an example. Deschler Ch 21
Sec. 28.4. Generally, however, unfinished business coming over from a
previous day does not automatically come before the House for
consideration but must be called up by a Member in charge. Deschler Ch
21 Sec. 3.
If the matter called up as unfinished business was under debate at
the time of the interruption, debate does not begin anew but
recommences from the point where it was interrupted. Manual Sec. 915.
Sec. 2 . Business Unfinished at Adjournment
Rule XIV clause 3 provides that, with certain exceptions, business
pending and unfinished at adjournment is to be resumed after business
on the Speaker's table is finished and at the same time each day
thereafter until disposed of. Manual Sec. 876; see also rule XX clause
8. For example, where the House adjourns during consideration of a
report from the Committee on Rules, further consideration of the
report becomes the unfinished business on the following day, and
debate resumes from the point where interrupted. Manual Sec. 877.
Ordinarily, under rule XIV clause 3, any general legislative
business that is unfinished at adjournment goes over to the succeeding
day, whereas motions that relate merely to the sequence or order of
business do not. Manual Sec. Sec. 876, 877. Thus, a motion relating to
the order of business does not recur as unfinished business on a
succeeding day, even though a vote had been ordered on it. 4 Hinds
Sec. 3114. Likewise, the question of consideration, when not disposed
of at an adjournment, does not recur as unfinished business on a
succeeding day but may be raised anew on a subsequent day when the
matter is again before the House. 5 Hinds Sec. Sec. 4947, 4948; 8
Cannon Sec. 2438. Those special classes of business that are in order
only on days of the week designated by House rule are not covered by
rule XIV clause 3. See Sec. 4, infra.
When the House adjourns on the second legislative day after
postponement of a question under rule XX clause 8 without resuming
proceedings thereon, the question remains unfinished business on the
next legislative day. When the House adjourns while a motion to
instruct conferees under rule XXII clause 7(c) is pending, the motion
to instruct becomes unfinished business on the next day and does not
need to be renoticed. Manual Sec. 877.
[[Page 895]]
Sec. 3 . -- Where Previous Question Ordered
If the House adjourns without voting on a proposition on which the
previous question has been ordered, the question comes up as
unfinished business on the next legislative day. Manual Sec. 878; 5
Hinds Sec. Sec. 5510-5517; 8 Cannon Sec. 2691. The previous question
having been ordered on a matter, its consideration on the succeeding
day becomes preferential and may supersede action on other business,
even though privileged. Thus, a resolution coming over from the
preceding day with the previous question ordered was held to take
precedence over a motion to dispose of a veto message from the
President. 8 Cannon Sec. 2693. Similarly, a bill coming over from the
preceding day with the previous question ordered was held to take
precedence over business made in order by a special order of business.
5 Hinds Sec. 5520.
Sec. 4 . -- On Days Designated for Special Classes of Business
Consistent with rule XIV clause 3, business unfinished at
adjournment and belonging to a class of business that is in order only
on certain days is not taken up again until the next day eligible for
the call of the appropriate calendar or for that class of business. 8
Cannon Sec. 2334; Deschler Ch 21 Sec. 3. This practice is followed
with respect to:
Private bills considered on certain Tuesdays. See Private
Calendar.
Matters considered at the Calendar Wednesday call of
committees. See Calendar Wednesday.
District of Columbia bills on certain Mondays. See District of
Columbia Business.
Bills brought up under the rule setting apart days for motions
to suspend the rules (but not those postponed under rule XX
clause 8). Deschler Ch 21 Sec. 3.30.
Bills brought up under the rule setting apart days for motions
to discharge committees. See Discharging Measures From
Committees.
Sec. 5 . Voting as Unfinished Business
When a vote is postponed or when a quorum fails to vote on a
question and the House adjourns, the vote may recur as unfinished
business on the following day. Deschler Ch 21 Sec. 3. For votes
postponed by the Speaker under rule XX clause 8, see Sec. 1, supra.
Votes on unfinished business in the House are put de novo, if
previously postponed, and Members have the same rights as when the
question was first put, unless the yeas and nays or a recorded vote
was ordered before postponement. Deschler Ch 21 Sec. 3.18. Thus, when
a vote is postponed pursuant to rule XX clause 8, having been objected
to for lack of a quorum when initially before the House, the yeas
[[Page 896]]
and nays or a recorded vote may be demanded when the vote recurs as
unfinished business. Manual Sec. 76; Deschler-Brown Ch 30
Sec. Sec. 56.5, 56.6; see Voting. For a discussion of postponed votes
in Committee of the Whole, see Sec. 7, infra.
Sec. 6 . Business Postponed to a Day Certain
Where a measure before the House is postponed to a day certain,
either by motion or by unanimous consent, the measure becomes the
unfinished business on the day to which postponed. Deschler Ch 21
Sec. 3. This practice is followed with respect to postponed conference
reports and to veto messages that are postponed to a day certain.
Deschler Ch 21 Sec. Sec. 8.17, 8.18; see also Postponement.
Sec. 7 . In Committee of the Whole
Unfinished Business
Business unfinished when the Committee of the Whole rises remains
unfinished, to be considered first in order when the House next goes
into Committee of the Whole to consider that business. 4 Hinds
Sec. 4735. The House or the Speaker, pursuant to declaration authority
under rule XVIII clause 2, and not the Committee of the Whole,
controls resumption of consideration. The Chairman of the Committee of
the Whole will not entertain unanimous-consent requests to fix the
time of resumption of consideration of a bill. Manual Sec. 993.
When the House resolves into Committee of the Whole for the
consideration of a bill on which reading for amendment was begun on
the previous day, the Committee proceeds with the reading of the bill.
8 Cannon Sec. 2336.
Postponed Requests for Recorded Votes
Under rule XVIII clause 6(g), the Chairman of the Committee of the
Whole may postpone and cluster requests for recorded votes on
amendments to a subsequent place and time during the amendment process
as determined by the Chair. When proceedings resume on a request for a
recorded vote on an amendment so postponed, the voice vote is
acknowledged and the request is announced as pending. An electronic
vote ordered on the postponed request may be reduced to five minutes,
provided the first vote in a series is 15 minutes. Manual Sec. 984;
see also Amendments.