[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 Printing 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).