[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-33]
[Page 605-608]
[[Page 605]]
MOTIONS
Sec. 1. In General
Sec. 2. Form; Reading of Motion
Sec. 3. Recognition to Offer
Sec. 4. Dilatory Motions
Sec. 5. Withdrawal; Reoffering
Research References
5 Hinds Secs. 5300-5358
8 Cannon Secs. 2609-2640
7 Deschler Ch 23
Manual Secs. 460, 753, 775, 776, 803
Sec. 1 . In General
Most motions that are used in the practice of the House are
specifically provided for by House rule. These motions serve different
purposes and are governed by separate procedural requirements, and are
treated under separate titles elsewhere in this work. See for example
Adjournment; Lay on the Table; Postponement; Previous Question;
Reconsideration; Refer and Recommit; Suspension of Rules.
Motions must also conform to certain common procedural
requirements, such as that a Member offering a motion must rise to his
feet and address the Chair. Sec. 3, infra. While recognition for a
motion is always at the discretion of the Speaker (see Recognition),
he will ordinarily entertain any motion that is in order under the
rules of the House and in accordance with its parliamentary practices.
4 Hinds Sec. 3550. Where a motion not in order under the rules of the
House is, without objection, considered and agreed to, it controls the
procedure of the House until carried out, unless the House takes
affirmative action to the contrary. See 90-2, Oct. 8, 1968, p 30212.
Sec. 2 . Form; Reading of Motion
Motions entertained by the House must be reduced to writing if
demanded by a Member. Rule XVI clause 1. Manual Sec. 775. The same
practice is followed in the Committee of the Whole. 95-1, May 18,
1977, p 15418. Of course, not every motion is in writing when
proposed, and even when the point of order is raised, the Chair may
give the proponent an opportunity to reduce the motion to writing
before putting the question thereon. 99-2, July 24, 1986, p 17641.
[[Page 606]]
The House rules require that a motion be stated by the Speaker or
read by the Clerk (Manual Sec. 776) before it can be debated. 5 Hinds
Sec. 4938. The Clerk's reading may be dispensed with only by unanimous
consent. 94-1, Dec. 15, 1975, p 40671.
Where there is a misunderstanding about the wording of a pending
motion, the Chair may restate the motion. But it is not in order to
ask that the motion be rereported by the Clerk (89-1, Mar. 25, 1965, p
6101) except by unanimous consent (90-1, Sept. 12, 1967, pp 25201,
25211). If there is doubt, the motion voted on is the motion as stated
by the Chair in putting the question and not as stated by the Member
in offering the motion. 89-1, Mar. 26, 1965, p 6101.
Sec. 3 . Recognition to Offer
A Member cannot make a motion without rising and addressing the
Chair. Manual Sec. 394. A motion is not pending until the Chair has
recognized its proponent. 98-1, Oct. 27, 1983, p 29631. A Member
desiring to offer a motion must actively seek recognition from the
Chair before another motion to dispose of the pending question has
been adopted, and the fact that he may have been standing at that time
is not sufficient to confer recognition. 97-1, Nov. 22, 1981, p 28751.
In general, recognition of a Member to offer a motion is at the
discretion of the Chair. In certain rules, this discretion is
explicitly stated: In Rule XV clause 6(e)(2, a motion for a call of
the House is in order when a Member is recognized for that purpose by
the Speaker; and further proceedings under a call are considered as
dispensed with ``unless the Speaker, in his discretion, recognizes for
a motion'' to compel attendance of absentees. In Rule XVI clause 4,
the motions that the Speaker be authorized to declare a recess or to
entertain a motion for an adjournment to a day and time certain are
entertained ``in his discretion.'' Other motions in Rule XVI are given
a precedence under the rules which the Chair is not free to ignore
except where a motion of higher privilege is offered. See Rule XIV
clause 2, ``When two or more Members rise at once, the Speaker shall
name the Member who is first to speak. . .'' (Manual Sec. 753).
The Member in charge of the pending bill is entitled at all stages
to prior recognition for allowable motions intended to expedite the
bill (2 Hinds Sec. 1457; 6 Cannon Sec. 300). But the fact that a
Member has the floor on one matter does not necessarily entitle him to
prior recognition on a motion relating to another matter. 2 Hinds
Sec. 1464. The Member in charge must yield to Members proposing
preferential motions (5 Hinds Secs. 5391-5395). Ordinarily, when an
essential motion made by the Member in charge of a
[[Page 607]]
bill or resolution is decided adversely, the right to prior
recognition passes to the Member leading the opposition to the motion.
Deschler Ch 23 Sec. 1.2. See also Recognition. As to precedence among
particular motions, see motions listed in Sec. 1, supra.
Sec. 4 . Dilatory Motions
It has been the rule since 1890 that ``[n]o dilatory motion shall
be entertained by the Speaker.'' Rule XVI clause 10. Manual Sec. 803.
The Speaker may decline to entertain the motion on his own initiative
or on a point of order from the floor. 5 Hinds Secs. 5715-5722.
Hinds has said that a motion must be made manifestly for delay in
order to justify its rejection as dilatory. 5 Hinds Sec. 5714. Yet the
determination of whether a motion is dilatory is entirely within the
discretion of the Chair. Deschler Ch 23 Sec. 4.1. Indeed, the question
of dilatoriness is not necessarily determined by the length of time at
issue or the character of the underlying business, but by the opinion
of the Speaker as to whether under the circumstances the motion is
made with intent to delay the business of the House. 8 Cannon
Sec. 2804.
The Speaker may decline to entertain debate or an appeal on a
question as to the dilatoriness of a motion if to do so would defeat
the object of the rule. 5 Hinds Sec. 5731.
Sec. 5 . Withdrawal; Reoffering
Generally
A motion having been made, a House rule places it in the
possession of the House but permits its withdrawal at ``any time
before decision or amendment.'' Rule XVI clause 2. Manual Sec. 776.
This rule is interpreted to mean that a motion may be withdrawn in the
House as a matter of right unless the House has taken some action
thereon (Deschler Ch 23 Sec. 1), such as a demand for the previous
question or the ordering of the previous question (5 Hinds Secs. 5355,
5489; 104-1, June 24, 1995, p ____). The House does not vote on the
withdrawal of the motion, if timely. Manual Sec. 460. Unanimous
consent is not required if withdrawal occurs before a decision is made
on the motion as offered or there is an amendment thereof. 94-1, Mar.
26, 1975, p 8897; 94-2, Sept. 22, 1976, p 31902.
A motion may be withdrawn although an amendment may have been
offered to the motion and be pending. 5 Hinds Sec. 5347; 8 Cannon
Sec. 2639. A motion may be withdrawn prior to action thereon even
though it is under consideration as unfinished business postponed from
the preceding day. 95-1, June 17, 1977, p 19693.
[[Page 608]]
Action by the House which will preclude withdrawal of a motion is
the ordering of the yeas and nays on the motion. 5 Hinds Sec. 5353.
Unanimous consent to withdraw the motion is required where the yeas
and nays have been ordered. 91-2, July 9, 1970, p 23524. But a motion
may be withdrawn after a voice and a division vote thereon where the
Chair has not announced the result, and where another type of vote
might be had on the motion. 95-1, Sept. 22, 1977, p 30290. The Chair
may decline to permit a withdrawal while he is counting a vote. 96-1,
Nov. 13, 1979, p 32185.
Modification of Motion; Reoffering
A Member having the right to withdraw a motion before a decision
thereon has the resulting power to modify the motion. 5 Hinds
Sec. 5358; 101-2, Oct. 23, 1990, p ____. But the proponent does not
necessarily have the right to reoffer the motion, especially where it
is a secondary motion under Rule XVI clause 4; such motions may
properly be offered only at the times designated by the rule. Deschler
Ch 23 Sec. 1.
Withdrawal of particular motions, see articles listed above
(Sec. 1, supra). Withdrawal of amendments, see Amendments.