[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 32. Motions]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 32 - MOTIONS
HOUSE PRACTICE
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 Sec. Sec. 5300-5358
8 Cannon Sec. Sec. 2609-2640
Deschler Ch 23
Manual Sec. Sec. 460, 902-905, 949
Sec. 1 . In General
Most motions that are used in the practice of the House are
specifically provided for by House rule. They are governed by separate
procedural requirements, serve different purposes, and are treated
under separate titles elsewhere in this work, such as Adjournment; Lay
on the Table; Postponement; Previous Question; Reconsideration; Refer
and Recommit; and Suspension of Rules.
Motions must also conform to certain common procedural
requirements; for example, a Member offering a motion must rise to his
feet and address the Chair. Sec. 3, infra. Although recognition for a
motion is always at the discretion of the Speaker, he will ordinarily
be bound to entertain any motion that is in order under the rules of
the House and in accordance with its parliamentary practices. 4 Hinds
Sec. 3550; see also Recognition. Where a motion not in order under the
rules of the House is, by unanimous consent, considered and agreed to,
it controls the procedure of the House until carried out, unless the
House takes affirmative action to the contrary. Deschler Ch 23
Sec. 1.1.
Sec. 2 . Form; Reading of Motion
Under rule XVI clause 1, a motion entertained in the House or in
the Committee of the Whole must be reduced to writing if demanded by a
Member. If offered in the House, the motion is entered on the Journal
unless withdrawn on the same day. Manual Sec. 902. Not every motion is
in writing
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when proposed. When a point of order is raised, the Chair may give the
proponent an opportunity to reduce the motion to writing before
putting the question thereon. Manual Sec. 902.
Rule XVI clause 2 requires that a motion be stated by the Speaker
or read by the Clerk before it can be debated. Manual Sec. 904; 5
Hinds Sec. 4938. The Clerk's reading may be dispensed with only by
unanimous consent. Manual Sec. 904.
Where there is a misunderstanding about the wording of a pending
motion, the Chair may restate the motion. However, it is not in order
to ask that the motion be rereported by the Clerk except by unanimous
consent. Deschler Ch 23 Sec. Sec. 2.4, 2.5. 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.
Deschler Ch 23 Sec. 2.3.
Sec. 3 . Recognition to Offer
A Member may not make a motion without rising and addressing the
Chair. Manual Sec. Sec. 394, 945. 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. Rule XVII clause 2
states: ``When two or more Members, Delegates, or the Resident
Commissioner rise at once, the Speaker shall name the Member,
Delegate, or Resident Commissioner who is first to speak. . . .''
Manual Sec. 949.
A motion is not pending until the Chair has recognized its
proponent thereon. For this reason, the Speaker often asks ``For what
purpose does the gentleman rise?'' when a Member seeks recognition. By
this question he determines whether the Member proposes a motion that
is entitled to precedence, and he may deny recognition. Manual
Sec. 953; 2 Hinds Sec. 1464; 6 Cannon Sec. Sec. 289-291, 293. As a
proper exercise of the Speaker's discretion, there is no appeal from
such denial. Manual Sec. 953; 2 Hinds Sec. 1464; 6 Cannon Sec. 292; 8
Cannon Sec. Sec. 2429, 2646, 2762.
In certain rules the Chair's discretion in recognition is
explicitly stated. In rule XX clause 7(b), the Speaker may recognize a
Member to move a call of the House at any time; and further
proceedings under a call are considered as dispensed with ``unless the
Speaker recognizes for a motion'' to compel attendance of absentees.
In rule XVI clause 4, the motion that the Speaker be authorized to
declare a recess or the motion to set the day's adjournment to a day
and time certain is entertained ``in his discretion.'' Other motions
in rule XVI are given a precedence under the rules that the Chair must
acknowledge.
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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. However, 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. Except when a Member in charge of a measure occupies the
floor in debate, such Member must yield to Members proposing
preferential motions. 5 Hinds Sec. Sec. 5391-5395. Ordinarily, when an
essential motion made by the Member in charge 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
Rule XVI clause 1, which was adopted in 1890, states that ``[n]o
dilatory motion shall be entertained by the Speaker.'' Manual
Sec. 902. The Speaker may decline to entertain the motion on his own
initiative or on a point of order from the floor. 5 Hinds
Sec. Sec. 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 Speaker
determines a question of dilatoriness not necessarily by the length of
time at issue or the character of the underlying business. Rather, the
Speaker determines 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. For discussion of dilatory
motions pending consideration of a report from the Committee on Rules,
see Manual Sec. 857. For the rule prohibiting offering of dilatory
amendments printed in the Congressional Record, see Manual
Sec. Sec. 857, 858.
Sec. 5 . Withdrawal; Reoffering
Generally
A motion having been made, rule XVI clause 2 places it in the
possession of the House but permits its withdrawal at ``any time
before a decision or amendment thereon.'' Manual Sec. 904. 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, such
as a motion for the previous question or the ordering of the previous
question. Manual Sec. 905; 5 Hinds
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Sec. Sec. 5355, 5489; Deschler Ch 23 Sec. 1. 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. Deschler Ch
23 Sec. 2.7.
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 before action thereon even though
it is under consideration as unfinished business postponed from the
preceding day. 95-1, June 17, 1977, p 19693.
Action by the House that will preclude withdrawal of a motion
includes 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. Deschler Ch 23 Sec. 2.9. However,
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. The Chair may decline to permit a
withdrawal while he is counting a vote. Manual Sec. 905; 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 (as by
withdrawing and offering a modified form). 5 Hinds Sec. 5358. However,
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 and withdrawal of amendments, see
Amendments and Withdrawal.