[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 59. Withdrawal]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 59 - WITHDRAWAL
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Decisions That Prevent Withdrawal
Sec. 3. Right to Modify Derived from Right to Withdraw
Sec. 4. Points of Order
Sec. 5. Requests for Record Votes
Research References
5 Hinds Sec. Sec. 5347-5358
Deschler Ch 23 Sec. Sec. 2, 36, 43; Deschler Ch 27 Sec. 20
Manual Sec. Sec. 902, 904, 905, 922, 925, 978
Sec. 1 . In General
Withdrawal of a Motion
Rule XVI clause 2 states that a motion, once entertained, may be
withdrawn at any time before a decision is made thereon or an
amendment thereto. Manual Sec. 904. A motion may be withdrawn although
an amendment has been offered to it and is pending. 5 Hinds Sec. 5347;
6 Cannon Sec. 373; 8 Cannon Sec. 2639.
Examples of motions that may be withdrawn under the rule include:
A motion to suspend the rules. Manual Sec. 905.
A motion that the House resolve into the Committee of the
Whole for the consideration of a bill. Manual Sec. 905.
A motion to instruct conferees. Manual Sec. 905.
A motion to dispose of an amendment reported from conference
in disagreement. See, E.g., Deschler-Brown Ch 32 Sec. 10.30.
A motion that the House resolve into the Committee of the Whole
for the consideration of a bill may be withdrawn pending a point of
order against consideration of the bill. If the motion is withdrawn,
the Chair is not obligated to rule on the point of order. Manual
Sec. 905; 8 Cannon Sec. 3405.
The proponent of a motion to dispose of an amendment reported in
disagreement, having withdrawn the motion, may change the amendment
included in the motion and offer it again in its modified form.
Deschler-Brown Ch 32 Sec. 8.3.
A motion may be withdrawn in the Committee of the Whole only by
unanimous consent. Deschler Ch 23 Sec. 2.10.
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Unanimous consent is not required to withdraw a pending unanimous-
consent request. Manual Sec. 905.
Withdrawal of a Measure
Under rule XVI clause 2, a resolution, including, a privileged
resolution, may be withdrawn at any time before a decision is made
thereon or an amendment thereto. For example, where the Speaker has
put the question on adoption of a resolution to a voice vote without
the ordering of the previous question, and the yeas and nays have not
been ordered, the resolution may be withdrawn. Manual Sec. 905. If the
resolution is called up in the House again, the Member calling up the
resolution is recognized for one hour, notwithstanding the fact that
the resolution previously has been considered, debated, and then
withdrawn before action is taken thereon. Manual Sec. 905. Withdrawal
of a pending resolution is not in order when the absence of a quorum
has been announced by the Chair. Manual Sec. 905.
A conference report called up for consideration in the House may
be withdrawn from consideration at any time before action is taken
thereon. Deschler-Brown Ch 33 Sec. 20.9.
Withdrawal of an Amendment
An amendment may be withdrawn in the House at any time before an
amendment is adopted thereto or a decision is had thereon. 5 Hinds
Sec. 5753; 6 Cannon Sec. 587; 8 Cannon Sec. 2332. The same right to
withdraw an amendment exists in the forum known as ``the House as in
the Committee of the Whole.'' 4 Hinds Sec. 4935. Therefore, that right
exists in standing committees where general procedures of that forum
apply. Manual Sec. 427.
Under rule XVIII clause 5, unanimous consent is required to
withdraw an amendment in Committee of the Whole, unless withdrawal
authority was conferred by the House. Manual Sec. 905; 5 Hinds
Sec. 5221; 6 Cannon Sec. 570; 8 Cannon Sec. Sec. 2465, 2859, 3405.
However, unanimous consent is not required to withdraw an amendment
that is at the Clerk's desk but that has not been offered by the
Member. Deschler Ch 27 Sec. 20.5.
Where a substitute amendment is withdrawn by unanimous consent, an
amendment to the substitute also is withdrawn. Deschler Ch 27
Sec. 20.9. The withdrawal of an amendment by unanimous consent does
not preclude its being reoffered at the same stage of the proceedings,
and unanimous consent is not required to reoffer the amendment if
otherwise in order. Deschler Ch 27 Sec. 20.10.
The Chairman of the Committee of the Whole will entertain a
unanimous-consent request to withdraw an amendment even when a point
of
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order is pending against the amendment or against a substitute
therefor. Deschler Ch 27 Sec. Sec. 20.6, 20.7.
Sec. 2 . Decisions That Prevent Withdrawal
A decision that prevents withdrawal may consist of the following:
The ordering of the yeas and nays, either directly on the
motion or on a motion to lay it on the table. 5 Hinds
Sec. Sec. 5353, 5354.
The ordering of the previous question, or the demand therefor.
Manual Sec. 905; 5 Hinds Sec. Sec. 5355, 5489.
The refusal to lay on the table. 5 Hinds Sec. Sec. 5351, 5352;
8 Cannon Sec. 2640.
Where the Chair postpones a voice vote under rule XX clause 8 when
an objection has been made for lack of a quorum, and that question
comes up later as postponed unfinished business, the proponent
unilaterally may withdraw it, because it becomes a question de novo.
Manual Sec. 905; see e.g., 101-1, July 24, 1989, pp 15794, 15818.
Sec. 3 . Right to Modify Derived from Right to Withdraw
As a general principle, modifications to a pending motion, if in
order at all, must be approved by the House. There is one narrow
exception to this principle. A Member having the right to withdraw a
motion before a decision is made thereon, and immediately thereafter
reoffer it, has the resulting right to modify the motion without
approval of the House. Manual Sec. 905; 5 Hinds Sec. 5358.
For example, a Member having the right to withdraw a motion to
instruct conferees before a decision is made thereon, and the right to
offer a different motion at the same stage of proceedings (one not
subject to notice requirements), has the resulting power to modify the
motion. Manual Sec. 905. Similarly, a Member having the right to
withdraw a resolution offered as a question of privilege, and the
right to offer a different resolution as a question of privilege
immediately thereafter (one not subject to notice requirements), has
the resulting power to modify the resolution without the concurrence
of the House. Deschler Ch 23 Sec. 1.
In most cases, however, the right of withdrawal and resubmission
in a modified form does not exist. A resolution, if a privileged
report, may not be modified except by direction of the reporting
committee or with concurrence of the House. In the case of a
nonprivileged motion, the proponent may not be guaranteed the right to
immediately reoffer the motion, especially where it is a secondary
motion under rule XVI clause 4. Thus, although an amendment to a
motion pending in the House may be withdrawn by the Member offering
the amendment before it is acted upon, he is not
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guaranteed the right to reoffer that amendment, and therefore he does
not have the right to modify the amendment without the consent of the
House. Deschler Ch 23 Sec. 1.
Other secondary motions specified under rule XVI clause 4, such as
the motions to lay on the table, for the previous question, to
postpone to a day certain, to refer, and to postpone indefinitely, may
be withdrawn before action is taken thereon but may not be modified
without the consent of the House. The motion that when the House
adjourns it adjourn to a day and time certain is in order only at the
Speaker's discretion and is therefore subject to modification by the
offeror only with the consent of the House. Deschler Ch 23 Sec. 1.
In the Committee of the Whole, amendments may be withdrawn only by
unanimous consent, so the doctrine of unilateral modification is never
applicable in that forum.
Pursuant to a unanimous consent request offered by the manager of
the pending motion, the House may modify a suspension motion during
its consideration or after the vote has been postponed de novo under
rule XX clause 8. See, e.g., 102-2, July 2, 1992, p 17220; 103-2, Oct.
3, 1994, p 27364. In the alternative, the manager may withdraw the
motion; and the Speaker may recognize him to reoffer the motion in a
modified form, in which case the debate on the motion begins anew.
Deschler Ch 21 Sec. 14.3.
Sec. 4 . Points of Order
Generally
A motion may be withdrawn pending a point of order against its
consideration. If the motion is withdrawn, the Chair is not obligated
to rule on any point of order raised against it. Manual Sec. 905; 8
Cannon Sec. 3405. Similarly, a motion that the House resolve into the
Committee of the Whole for the consideration of a bill may be
withdrawn pending a point of order against consideration of the bill.
Manual Sec. 905.
A motion may be withdrawn even after the previous question has
been ordered on an appeal from a decision on a point of order against
the motion. Furthermore, the motion being withdrawn, all proceedings
on the appeal fall thereby. 5 Hinds Sec. 5356.
The Chairman of the Committee of the Whole may recognize for a
unanimous-consent request to withdraw an amendment before ruling on a
point of order. Deschler Ch 27 Sec. 20.6.
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Point of Order for Lack of Quorum
When a point of order of no quorum is made, the point may be
withdrawn until announcement of the absence of a quorum, after which
the point of order may not be withdrawn even by unanimous consent.
Deschler Ch 20 Sec. 18. Objection to a voice vote for lack of a quorum
having been withdrawn, and demand for a division having been made, an
objection to the division vote for lack of a quorum is in order. If a
quorum is not present, the yeas and nays are automatic. Deschler Ch 20
Sec. 18.4.
Withdrawal of a pending resolution is not in order when the
absence of a quorum has been announced by the Chair. Manual Sec. 905.
Withdrawal of Reservation of Point of Order
The reservation of a point of order by one Member inures to all.
However, withdrawal of a reservation by one Member requires other
Members to either make or continue to reserve the point of order at
that point, and a further reservation comes too late after there has
been debate. Deschler-Brown Ch 31 Sec. 3.14.
Words Taken Down
When a demand is made that certain words used in debate be taken
down, such words may be withdrawn by unanimous consent in the House or
in the Committee of the Whole. Deschler-Brown Ch 29 Sec. Sec. 51.1,
51.2. The Speaker may suggest that a Member who had uttered
unparliamentary words request unanimous consent to withdraw them.
Deschler-Brown Ch 29 Sec. 51.11. No debate is in order pending a
request to withdraw unparliamentary words. Deschler-Brown Ch 29
Sec. 51.8. Like any other point of order, withdrawal of the demand
that words be taken down does not require unanimous consent.
Sec. 5 . Requests for Record Votes
A demand for a recorded vote may be withdrawn before the Chair
begins to count Members supporting the demand, and unanimous consent
is not required. Deschler-Brown Ch 30 Sec. 33.20. Where a demand for a
recorded vote is pending, it may be withdrawn by the maker, but it is
not in order to condition its withdrawal on a modification in the
motion on which the vote is being taken. Deschler-Brown Ch 30
Sec. 33.23. Although a demand for the yeas and nays, once supported by
one-fifth of those present, cannot be withdrawn, the House may, by
unanimous consent, vacate the proceedings and take the vote de novo.
Deschler-Brown Ch 30 Sec. 33.24. In one instance a Member who demanded
a recorded vote asked unanimous consent
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to withdraw his demand when, the recorded vote being under way, the
electronic system failed. Deschler-Brown Ch 30 Sec. 33.22.
HOUSE PRACTICE