[House Report 104-165]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-165
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 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H. 
CON. RES. 67, THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEARS 
                               1996-2002

                                _______


  June 29 (Legislative day of June 28), 1995.--Referred to the House 
                   Calendar and ordered to be printed

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   Mr. Solomon, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 175]
    The Committee on Rules, having had under consideration 
House Resolution 175, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               Brief Summary of Provisions of Resolution

    The resolution waives all points of order against the 
conference report on H. Con. Res. 67, the concurrent resolution 
on the budget for fiscal years 1996 through 2002, and against 
its consideration. The rule provides one hour of debate on the 
conference report, divided equally between the chairman and 
ranking minority member of the Committee on the Budget. 
Finally, the rule provides that the provisions in section 2 of 
the rule shall be effective upon the adoption of the budget 
resolution by the Congress.
    The rule waives all points of order against the conference 
report and its consideration as a matter of precaution. The 
conference report will be in compliance with the three-day 
availability rule (clause 2(a), rule XXVIII), since the report 
was filed on Monday, June 26th and will not be considered prior 
to Thursday, June 29th. However, the report may be considered 
in violation of clause 3 of rule XXVIII, which prohibits the 
inclusion in conference reports of matters not committed to 
conference by either House. For example, because the conferees 
included new provisions calling for certification that a 
balanced budget will be achieved by the year 2002 as a result 
of reconciliation legislation to be enacted this year, the 
waiver of points of order are necessary. In the absence of such 
waivers, the conference report would be rejected upon the 
sustaining of a point of order.
    The rule provides for one hour of debate on the conference 
report instead of the five hours called for under section 
305(a) of the Budget Act. A review of budget conference report 
rules over the last decade reveals that seven of the eight 
rules granted provided for one hour of debate on the conference 
reports. The exception was in 1990 when the special rule 
provided for two hours of debate on the budget conference 
report (see the summary of budget conference report rules in 
the succeeding section of this report).
    Section 2 of the rule clarifies the interpretation of two 
procedures as they apply to the House. First of all, the rule 
clarifies the House procedures for certifying a balanced budget 
are contained in section 210. The Senate, which drafted the 
conference report, neglected to eliminate references to the 
House in the Senate procedures for certifying a balanced budget 
in section 205. Consequently, there are overlapping 
certification procedures in the House. Exercising its 
rulemaking authority, the rule clarifies that the House will 
follow section 210 in the House.
    The rule also provides the correct numbers for the level of 
revenue reconciled to the House Committee on Ways and Means. 
The incorrect revenue levels were put in the reconciliation 
instructions for Ways and Means. The numbers in the rule are 
consistent with the aggregate revenue levels in the conference 
report.
    Finally, the rule does not address the issue of a motion to 
recommit because, under section 305(a)(6) of the Budget Act, 
``a motion to recommit the conference report is not in order, 
and it is not in order to move to reconsider the vote by which 
the conference report is agreed to.''

       Budget Resolution Conference Report Rules--10 Year History

99th Congress (1985-86):

S.Con.Res. 32--Waives all points of order; motion to recede & 
        concur for one hour.
S.Con.Res. 120--No rule.

100th Congress (1987-88):

H.Con.Res. 93--Wavies three-day layover (clause 2, rule 28); 
        302(a) Budget Act; scope (clause 3, rule 28); 
        germaneness (clause 4, rule 28); one-hour general 
        debate.
H.Con.Res. 268--Waives all points of order; one-hour general 
        debate; waives rule 49 (debt limit rule).

101st Congress (1989-90):

H.Con.Res. 106--No rule.
H.Con.Res. 310--Waives all points of order; waives rule 49; 
        two-hours general debate.

102nd Congress (1991-92):

H.Con.Res. 121--Waives all points of order; waives Rules 49; 
        one-hour general debate.
H.Con.Res. 287--Waives all points of order; one hour general 
        debate.

103rd Congress (1993-94):

H.Con.Res. 64--Waives all points of order; one hour general 
        debate.
H.Con.Res. 218--Waives all points of order; one hour general 
        debate; waives rule 49.