[House Practice: A Guide to the Rules, Precedents and Procedures of the House] [Chapter 29. Lay on the Table] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 613]] CHAPTER 29 - LAY ON THE TABLE HOUSE PRACTICE Sec. 1. In General; Effect Sec. 2. When in Order Sec. 3. Precedence Sec. 4. Application to Particular Propositions Sec. 5. Application to Particular Motions Sec. 6. Offering the Motion; Debate and Disposition Sec. 7. Collateral Matters Carried to the Table Sec. 8. Taking From the Table; Reconsideration Research References 5 Hinds Sec. Sec. 5389-5442 8 Cannon Sec. Sec. 2649-2660 Deschler Ch 23 Sec. Sec. 9-13 Manual Sec. Sec. 445, 911, 914 Sec. 1 . In General; Effect The motion to table (or, under the more formal terminology of rule XVI clause 4, to ``lay on the table'') is used to adversely dispose of a proposition pending in the House. Manual Sec. 914; Deschler Ch 23 Sec. 9.1. The table referred to in rule XVI is the Clerk's table, not the Speaker's table. 5 Hinds Sec. 5389 (note). The language ``to lay on the table''--to the extent that it implies that the tabled matter is only temporarily in abeyance--is misleading. The motion is not used simply to put aside a pending matter. The action of the House in adopting the motion to table a proposition is equivalent to a final adverse disposition thereof, and does not merely represent a refusal to consider it. Deschler Ch 23 Sec. 9.1; 95-2, Aug. 15, 1978, p 26204. In this respect the House practice differs from general parliamentary usage, which permits the use of the motion to temporarily suspend consideration of a matter. Under the modern practice in the House, a tabling action is ordinarily as much a final adverse decision as a negative vote on the passage of a bill. 5 Hinds Sec. 6540 (note). With few exceptions, matters laid on the table may [[Page 614]] be taken therefrom only by unanimous consent or by a motion to suspend the rules. Sec. 8, infra. The pending proposition being disposed of finally and adversely, the adoption of the motion may have the effect of depriving a Member of his right to debate a proposition he has offered. Deschler Ch 23 Sec. 9.2. If the House rejects the motion to table a proposition, the proposition is before the House for disposition. Deschler Ch 23 Sec. Sec. 9.19, 12.3. Sec. 2 . When in Order The motion to table is in order only in the House and not in the Committee of the Whole. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon Sec. Sec. 2330, 2556a; Deschler Ch 23 Sec. Sec. 9.29, 9.30. It does not apply to motions to go into the Committee of the Whole. 6 Cannon Sec. 726. It is not applicable to propositions that are not debatable or amendable. Manual Sec. 914. A motion to table a proposition is in order after the proposition is called up for consideration but before debate thereon. 95-2, July 13, 1978, p 20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order before the Member entitled to prior recognition for debate on the pending proposition has begun his remarks. 5 Hinds Sec. Sec. 5393- 5395; 6 Cannon Sec. 412; 8 Cannon Sec. 2649. The motion comes too late after the Chair has put the question on the pending proposition and asked for a vote. 96-1, Sept. 20, 1979, p 25512. The motion is in order after the previous question has been moved on the pending proposition but may not be made after the previous question has been ordered or after the yeas and nays have been ordered thereon. 5 Hinds Sec. Sec. 5408, 5415-5422; 8 Cannon Sec. 2655; Deschler Ch 23 Sec. 9. Sec. 3 . Precedence Generally Under the rule, the motion to table is preferential. Deschler Ch 23 Sec. Sec. 9, 11.2. It yields to the motion to adjourn and to the question of consideration. Manual Sec. 911; 5 Hinds Sec. 4943; Deschler Ch 23 Sec. 9. However, it enjoys precedence over the motions for the previous question, to postpone, to refer, or to amend. Rule XVI clause 4; Manual Sec. 911. A motion to table a measure is thus of higher privilege than a motion to refer the measure to a committee. 5 Hinds Sec. 5303; Deschler Ch 23 Sec. 12.5. As Related to the Motion for the Previous Question Pending the ordering of the previous question on a proposition that is under debate, the motion to table the proposition is preferential and is voted on first. Manual Sec. 914; Deschler Ch 23 Sec. Sec. 9.11, 12.1. Although a motion [[Page 615]] to table is not in order after the previous question has been ordered on a pending proposition, if the previous question is voted down, the motion to table again becomes in order and is preferential. 5 Hinds Sec. Sec. 5415-5422; Deschler Ch 23 Sec. Sec. 9.21, 12.2. Sec. 4 . Application to Particular Propositions Generally; Bills and Resolutions The motion to table has been held specifically applicable to:A House bill. 5 Hinds Sec. 5426. A House bill with Senate amendments. 5 Hinds Sec. 6140. A vetoed bill. 4 Hinds Sec. 3549. A House resolution and an amendment thereto. 5 Hinds Sec. 6139. A series of resolutions on a particular subject. 5 Hinds Sec. 6138. A privileged resolution. 95-2, July 13, 1978, p 20606. A resolution proposing an impeachment or authorizing an impeachment investigation. 6 Cannon Sec. 541; Deschler Ch 23 Sec. 9.14. A resolution raising a question of the privileges of the House. 6 Cannon Sec. 560; Deschler Ch 23 Sec. 9.25. A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111. A resolution establishing a select committee. Deschler Ch 23 Sec. 9.22. A resolution of inquiry adversely reported from committee. Deschler Ch 23 Sec. 9.17. A resolution providing for adjournment sine die. Deschler Ch 23 Sec. 9.10. An appeal from a decision of the Speaker. 8 Cannon Sec. 3453; Deschler Ch 23 Sec. 9.3. A privileged resolution from a party caucus electing Members to committees. Manual Sec. 914. Special Orders Special orders of business reported from the Committee on Rules and called up under rule XIII clause 5 are not subject to the motion to table, as rule XIII clause 6 prohibits dilatory motions. Manual Sec. 857. However, after rejection of the previous question, the motion to table has been applied to a resolution providing a special order. Deschler Ch 23 Sec. 9.23. The motion to table may not be applied to a resolution providing a special order if the resolution is before the House under the operation of the discharge rule, because such rule prohibits such intervening motion. Deschler Ch 23 Sec. 9.28. Conference Reports In the later practice, the motion to table has not been applied to conference reports on bills in disagreement between the Houses because this [[Page 616]] would carry the entire bill and amendments of the other House to the table and would leave no opportunity for the House and Senate to have a second conference. Manual Sec. 914; 5 Hinds Sec. Sec. 6539, 6540. Sec. 5 . Application to Particular Motions The motion to table is applicable to debatable secondary motions for the disposal of another matter, such as a motion to refer or a motion to recede and concur in a Senate amendment in disagreement. Manual Sec. 914; 5 Hinds Sec. 5433. The motion has been held specifically applicable to: A motion to postpone to a day certain. 8 Cannon Sec. Sec. 2654, 2657. A motion to rerefer a bill to a committee. Deschler Ch 23 Sec. 9.12. A motion to instruct conferees. Deschler Ch 23 Sec. Sec. 9.7, 9.8. A motion to reconsider a vote. 8 Cannon Sec. Sec. 2652, 2659; 95-2, Apr. 20, 1978, p 10990. The motion to table may not be applied to a motion relating to the order of business or to any motion that is neither debatable nor amendable. Deschler Ch 23 Sec. Sec. 9.26, 9.27. The motion is inapplicable to: Motions for the previous question. 5 Hinds Sec. Sec. 5410, 5411. Motions to dispose of measures on which the previous question has been ordered. 8 Cannon Sec. Sec. 2653, 2655. Motions to recommit made after the ordering of the previous question, including a debatable motion to recommit with instructions. Manual Sec. 1002a; 5 Hinds Sec. Sec. 5412-5414; 8 Cannon Sec. Sec. 2653, 2655. Motions to dispense with further proceedings under a call of the House. Deschler Ch 23 Sec. Sec. 9.26, 12.4. Motions to go into the Committee of the Whole. 5 Hinds Sec. 5404; 6 Cannon Sec. 726. Motions limiting the time for debate. 5 Hinds Sec. 5403. Motions to suspend the rules. Manual Sec. 886; 5 Hinds Sec. Sec. 5405, 5406; Deschler Ch 23 Sec. 9. Motions that when the House adjourn it stand adjourned until a day and time certain. Manual Sec. 914. Motions to adjourn. Manual Sec. 912. The motion to table may not be applied to a motion to discharge a committee under rule XV clause 2 unless the proposition before the committee is a vetoed bill or a resolution of inquiry. Manual Sec. 914; 5 Hinds Sec. 5407; 6 Cannon Sec. 415; Deschler Ch 23 Sec. Sec. 9.15, 9.16. [[Page 617]] Sec. 6 . Offering the Motion; Debate and Disposition Generally; Debate The motion to table, although customarily made orally from the floor, is subject to a timely demand that it be in writing. Deschler Ch 23 Sec. 10.1. Member: Mr. Speaker, I move to lay the ________ [proposition] on the table. The motion to table is not debatable. Rule XVI clause 4; Manual Sec. 914; 5 Hinds Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465; Deschler Ch 23 Sec. 9.6. However, debate may be permitted by unanimous consent. 98-2, Oct. 4, 1984, p 30042. Disposition of Motion It has been established that the motion to table: May not be amended. Manual Sec. 914; 5 Hinds Sec. 5754. May not be divided for a vote. 5 Hinds Sec. Sec. 6138-6140. May be reconsidered pursuant to motion. 5 Hinds Sec. Sec. 5628, 5629, 6288; 8 Cannon Sec. 2785. May be repeated after intervening business, but a call of the House alone is not considered sufficient ``intervening business.'' 5 Hinds Sec. Sec. 5398-5401. Sec. 7 . Collateral Matters Carried to the Table A bill or other proposition may be carried to the table when the House votes to table a proposal that is closely related thereto. Thus, when a proposed amendment to a pending measure is tabled, the pending measure also goes to the table. 5 Hinds Sec. Sec. 5423, 5424; 8 Cannon Sec. 2656. This rule is applied even where a Senate amendment to a House bill is tabled. 5 Hinds Sec. 5424. The tabling of a bill has been held to result in the tabling of a pending motion to print the bill. 5 Hinds Sec. 5426. The tabling of a proposal, however, will not result in the tabling of a connected matter unless it is directly and intimately related thereto. 8 Cannon Sec. 2658. It has been held, for example, that: The tabling of an amendment to the Journal does not carry the Journal to the table. 5 Hinds Sec. Sec. 5435, 5436. The tabling of a proposition for adverse disposition of a pending matter does not carry to the table the matter proposed to be disposed of. 8 Cannon Sec. 2660. The tabling of a motion to reconsider a vote does not carry with it the proposition voted on. 8 Cannon Sec. Sec. 2652, 2659. The tabling of a motion to instruct conferees does not carry with it the bill in disagreement. 8 Cannon Sec. 2658. [[Page 618]] The tabling of a resolution providing for the final disposition of an impeachment proceeding does not carry with it such proceeding. 6 Cannon Sec. 538. The tabling of a preamble does not carry with it accompanying resolutions already agreed to. 5 Hinds Sec. 5430. The tabling of a resolution does not take with it a connected resolution already agreed to. 5 Hinds Sec. 5428. The tabling of a motion to receive a petition does not carry the petition with it. 5 Hinds Sec. Sec. 5431-5433. The tabling of an appeal from a decision of the Speaker on a question of order does not carry with it the matter that was pending when the question of order arose. 5 Hinds Sec. 5434. The tabling of a motion to postpone consideration of a Senate amendment does not carry with it pending motions for disposition of the amendment. 8 Cannon Sec. 2657. A motion to refer or a motion to recede and concur in a Senate amendment in disagreement may be laid on the table without carrying the pending matter to the table because other motions remain available for disposition of the pending amendment. Manual Sec. 914. Sec. 8 . Taking From the Table; Reconsideration A matter once laid on the table may be taken therefrom only by suspension of the rules or by unanimous consent unless it is a matter of privilege. Manual Sec. 445; 5 Hinds Sec. 6288; Deschler Ch 23 Sec. Sec. 13.1, 13.2. Such matters of privilege include questions of privilege (5 Hinds Sec. Sec. 5438, 5439), propositions to impeach (3 Hinds Sec. 2049), and bills vetoed by the President (5 Hinds Sec. 5439). An affirmative vote on a motion to table may be reconsidered pursuant to a timely motion therefor. 5 Hinds Sec. 5628; 8 Cannon Sec. 2785. Moreover, a measure that has been tabled by the House may be presented again in similar but not identical form. 4 Hinds Sec. 3385. However, under modern practice, a tabled resolution raising a question of the privileges of the House (even where the motion to reconsider that vote was laid on the table), may be offered again in identical form on a subsequent day if still constituting a question of privilege. Manual Sec. 713.