[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 51. Senate Bills; Amendments Between the Houses]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
I. Disposition of Senate Bills on the Speaker's Table
Sec. 1. In General
Sec. 2. By Motion
Sec. 3. By Unanimous Consent
Sec. 4. By Special Order of Business
Sec. 5. Referral to Committee
Sec. 6. -- Speaker's Discretion
II. Senate Amendments
A. Before the Stage of Disagreement
Sec. 7. In General; Referral to Committee
Sec. 8. Consideration in the House
Sec. 9. Consideration in Committee of the Whole
Sec. 10. Consideration by Order of the House
Sec. 11. -- By Special Order of Business
Sec. 12. -- By Unanimous Consent
Sec. 13. -- By Suspension of the Rules
Sec. 14. -- By Sending to Conference
Sec. 15. Motions; Precedence Before Stage of Disagreement
B. Reaching the Stage of Disagreement
Sec. 16. In General
C. After the Stage of Disagreement; Motions
Sec. 17. In General; Privilege of Motions
Sec. 18. Motions in Order; Precedence of Motions
Sec. 19. -- To Lay on the Table
Sec. 20. -- To Recede and Concur
Sec. 21. -- To Recede and Concur with Amendment
Sec. 22. -- To Insist
Sec. 23. -- To Refer to Committee
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Sec. 24. -- To Adhere
Sec. 25. Debate; Recognition
Sec. 26. Disposition of Nongermane Senate Provisions
III. House Amendments to Senate Measures
Sec. 27. In General; Degree of Amendment
Sec. 28. Germaneness Requirements
Sec. 29. Amending House-passed Amendments; Receding, Insisting,
Adhering
Research References
4 Hinds Sec. Sec. 3090, 3108-3111, 4796-4808
5 Hinds Sec. Sec. 6163-6253, 6308, 6310, 6324
6 Cannon Sec. 730;
7 Cannon Sec. Sec. 799, 819, 825;
8 Cannon Sec. Sec. 3177-3208, 3211
Deschler-Brown Ch 32
Manual Sec. Sec. 485-488, 519, 521-529, 873, 874, 1069-1076
I. Disposition of Senate Bills on the Speaker's Table
Sec. 1 . In General
The House and Senate must agree on every detail of a bill before
it can be enrolled and presented to the President. U.S. Const. art. 1,
Sec. 7. The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. 5 Hinds Sec. 6233.
Senate bills and joint resolutions messaged from the Senate to the
House go to the Speaker's table for disposition pursuant to clause 2
of rule XIV. Under this rule, Senate bills may be referred by the
Speaker to the appropriate standing committees in the same manner as
public bills introduced by the Members. Manual Sec. Sec. 873, 874; see
Sec. Sec. 5, 6, infra. However, Senate bills and resolutions that are
``substantially the same'' as House measures favorably reported, and
not required to be considered in the Committee of the Whole, may be
disposed of in the House by motion authorized by the reporting
committee. Clause 2 of rule XIV; see Sec. 2, infra. Senate bills that
do not satisfy the conditions specified by that rule may be called up
under unanimous consent, suspension of the rules, or special order of
business, but not by motion. 95-2, Feb. 23, 1978, p 4480; Sec. Sec. 3,
4, infra. Simple resolutions of the Senate that do not require House
action are not referred. 7 Cannon Sec. 1048.
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For a discussion of the House's prerogative to originate revenue-
raising legislation with regard to Senate amendments, see Questions of
Privilege, Sec. 5.
Sec. 2 . By Motion
Generally
Under clause 2 of rule XIV, a Senate bill or resolution received
in the House after a House measure ``substantially the same'' has been
reported favorably and placed on the House Calendar or Private
Calendar is privileged. It may be called up from the Speaker's table
for consideration on motion directed by all reporting committees
having initial jurisdiction of the House bill. Manual Sec. 873; 4
Hinds Sec. Sec. 3097, 3101, 3102; 6 Cannon Sec. Sec. 727, 734. The
fact that a House bill substantially the same as the Senate bill has
already passed the House and gone to the Senate does not detract from
the privilege of the Senate bill under the rule. 6 Cannon Sec. 734.
Under the modern practice, this rule is rarely used because few
measures qualify (most bills and joint resolutions reported in the
House are referred to the Union Calendar).
The motion to call up the Senate bill is not subject to the
question of consideration but is subject to a point of order if the
conditions specified by the rule are not satisfied. 8 Cannon
Sec. 2443. The prerequisites of the rule are:
The Senate bill must be substantially the same as the House
bill. 4 Hinds Sec. Sec. 3098, 3099, 3107-3111; 6 Cannon
Sec. 737.
The Senate bill must not require consideration in the
Committee of the Whole, and, if private, must not involve an
appropriation. 4 Hinds Sec. Sec. 3101; 3102.
The Senate bill must come to the House after the House bill is
placed on the calendar. 4 Hinds Sec. 3096; 6 Cannon Sec. 738.
The House bill must be on the House Calendar or Private
Calendar (not the Union Calendar). 4 Hinds Sec. Sec. 3089,
3097.
Under clause 2 of rule XIV, all reporting committees having
initial jurisdiction of the House measure must authorize the
motion. Manual Sec. 873.
In determining whether the House bill is substantially the same as
the Senate bill, amendments recommended by the House committee must be
considered. 6 Cannon Sec. Sec. 734, 736. Although a committee must
authorize the calling up of the Senate bill, the actual motion need
not be offered by a member of the committee. 4 Hinds Sec. 3100; 6
Hinds Sec. 739. The authority of a committee to call up a bill must be
given at a formal meeting of the committee. 8 Cannon Sec. Sec. 2211,
2212.
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Although the rule has been interpreted to apply to private Senate
bills that do not involve an appropriation (4 Hinds Sec. 3102), in
modern practice Senate private bills on the Speaker's table are
considered by unanimous consent during the call of the Private
Calendar, whether they are substantially the same as a House-passed
private bill or not.
Form
The Member authorized by the committee to call up the Senate bill
rises and addresses the Chair:
Member: M_. Speaker, by direction of the Committee on _____, I
call from the Speaker's table Senate bill S. __, H.R. __, having
been reported and placed on the House Calendar.
Speaker: The gentle___ calls from the Speaker's table the bill S.
__, which the Clerk will report.
Floor Consideration
Senate bills called up under this procedure are considered under
the general rules of the House, the Member in charge being recognized
for one hour. 6 Cannon Sec. 738. The procedure is as follows:
The bill is read in full.
The Member in charge uses or allots the hour to which such
Member is entitled.
If the previous question is not moved at the expiration of the
first hour, another Member may be recognized for an hour.
Sec. 3 . By Unanimous Consent
A Senate measure may be taken from the Speaker's table and called
up for consideration in the House by unanimous consent. Deschler-Brown
Ch 32 Sec. Sec. 3.4, 4.4, 4.5. Consideration in the House by unanimous
consent is permitted even where the Senate measure ordinarily would
require consideration in the Committee of the Whole. Deschler-Brown Ch
32 Sec. 3.7.
A unanimous-consent request to consider a Senate bill on the
Speaker's table may provide for its consideration in the House under
the hour rule. It also may include a provision that a specified
amendment be considered as pending. 97-2, Oct. 1, 1982, pp 27362,
27365-68.
The House also may agree to a unanimous-consent request to take a
Senate bill from the Speaker's table and to strike all after the
enacting clause and insert in lieu thereof certain text. Deschler-
Brown Ch 32 Sec. 3.4. For the Speaker's guidelines for recognition of
a unanimous-consent request to consider a Senate measure on the
Speaker's table, see Manual Sec. 956 and Recognition.
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Sec. 4 . By Special Order of Business
The House may adopt a resolution reported from the Committee on
Rules that provides for consideration in the House of a Senate bill on
the Speaker's table, even if the measure would otherwise require
consideration in the Committee of the Whole. Deschler-Brown Ch 32
Sec. 3.5.
The Committee on Rules may report a special order of business
permitting consideration in the House of a Senate measure from the
Speaker's table and preclude all intervening motions except, in the
case of a bill or joint resolution, the motion to recommit as
protected by clause 6(c) of rule XIII. Deschler Ch 21 Sec. 27; see
Special Orders of Business.
Sec. 5 . Referral to Committee
Under clause 2(b) of rule XIV, the Speaker has the discretion to
refer Senate bills to committees in the same manner as public bills
originating in the House (as described in clause 2 of rule XII) unless
the Senate bills qualify for consideration under clause 2(d) of rule
XIV. Manual Sec. Sec. 873, 874; 6 Cannon Sec. 727; Sec. 2, supra.
Simple resolutions from the Senate that do not require any action by
the House are not referred. 7 Cannon Sec. 1048.
Sec. 6 . -- Speaker's Discretion
It is the practice to refer promptly bills messaged from the
Senate. Nevertheless, clause 2(b) of rule XIV is merely discretionary
and not mandatory. Manual Sec. 873; 4 Hinds Sec. 3111. Furthermore,
the length of time such bills may remain on the Speaker's table before
being referred is within the Speaker's discretion. 6 Cannon Sec. 727.
Under the modern practice, the Speaker may hold a Senate bill at the
table when a comparable House bill has been reported or ordered
reported by a House committee or when the Senate measure violates a
House rule (such as the rule against commemorations, clause 5 of rule
XII) or the Constitution (such as the origination clause, article 1,
section 7). For a discussion of referral of House bills with Senate
amendments, see Sec. 7, infra.
II. Senate Amendments
A. Before the Stage of Disagreement
Sec. 7 . In General; Referral to Committee
Referrals by the Speaker
Senate amendments to House bills messaged from the Senate normally
remain at the Speaker's table to be disposed of by unanimous consent,
by
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special order of business, or by motion. However, before consideration
of any motions to dispose of Senate amendments, the Speaker has the
authority under clause 2 of rule XIV to refer such amendments to the
appropriate committees and to impose any conditions permitted by
clause 2 of rule XII, such as a time limitation for committee
consideration. Manual Sec. Sec. 528a, 873. For example, the Speaker
may refer only a portion of the Senate amendment to the standing
committee with subject matter jurisdiction, without referring the
remainder of the Senate amendment to the committee with jurisdiction
over the original House bill. Deschler-Brown Ch 32 Sec. 5.29.
The Speaker may hold at the desk or refer Senate amendments that
remain undisposed of after House action. For example, the Chair
indicated that should a resolution providing for concurring in Senate
amendments to a House bill be rejected, the bill and amendments would
remain on the Speaker's table for further action by the House.
Deschler-Brown Ch 32 Sec. 5.45. Likewise, if objection is made to a
unanimous-consent request to disagree to the amendments and agree to a
conference, the Speaker is not required to send the bill and
amendments directly to the committee having jurisdiction thereof. The
Speaker may hold the bill on the table until the Committee on Rules
has an opportunity to act or until the House takes other action.
Deschler-Brown Ch 32 Sec. 5.5.
Referrals By Motion
A motion to refer a Senate amendment that is under debate may be
offered pursuant to clause 4 of rule XVI. Manual Sec. 916. That motion
takes precedence over the motions to agree, disagree, or amend. Manual
Sec. 528b; 5 Hinds Sec. Sec. 6172-6174. Pursuant to clause 2 of rule
XIX, the motion to refer is in order even after the previous question
has been ordered on a motion to concur in the Senate amendment.
However, a motion to commit under clause 2 does not apply to a motion
to dispose of a Senate amendment after the stage of disagreement where
the motion to commit is used to displace a pending preferential
motion. Manual Sec. 1002.
Referrals By Special Order of Business
A Senate amendment may be referred to a standing committee
pursuant to the terms of a special order of business from the
Committee on Rules. Deschler-Brown Ch 32 Sec. 5.33.
Sec. 8 . Consideration in the House
Under clause 2 of rule XXII, House bills with Senate amendments
that do not require consideration in the Committee of the Whole may be
disposed of by privileged motion. Manual Sec. 1071. This rule is
applied to Sen
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ate amendments to House amendments as well as to Senate amendments to
House bills. Deschler-Brown Ch 32 Sec. 6.1. This rule is rarely used
because few measures qualify (most Senate amendments require
consideration in the Committee of the Whole because they raise revenue
or they directly or indirectly make appropriations of money or
property). Manual Sec. 528a.
Sec. 9 . Consideration in Committee of the Whole
House bills with Senate amendments that require consideration in
the Committee of the Whole may not be called up in the House as
privileged for immediate consideration before the stage of
disagreement. Manual Sec. 528a; 6 Cannon Sec. 731. The only exception
is a motion to ask or agree to a conference under clause 1 of rule
XXII. 4 Hinds Sec. Sec. 3149, 3150; 8 Cannon Sec. Sec. 3185, 3194.
Reaching the stage of disagreement, see Sec. 16, infra.
Under clause 3 of rule XXII, an amendment of the Senate to a House
bill is subject to the point of order that it first must be considered
in the Committee of the Whole if, originating in the House, it would
be subject to that point of order. Manual Sec. Sec. 1072-1074. The
point of order permitted by this rule applies only before the stage of
disagreement has been reached on the Senate amendment. It is too late
to raise a point of order that Senate amendments should have been
considered in Committee of the Whole after the House has disagreed
thereto and the amendments have been reported from conference. Manual
Sec. 1073.
Because of these restrictions against immediate consideration of
Senate amendments in the House, it was at one time common practice to
refer such amendments to the appropriate standing committee. 6 Cannon
Sec. 731. After committee consideration, they were taken up in the
Committee of the Whole. 4 Hinds Sec. Sec. 3108, 3109. Under the modern
practice, most Senate amendments are disposed of by a special order of
business reported from the Committee on Rules, by unanimous consent,
or under suspension of the rules. Sec. Sec. 11-13, infra.
Sec. 10 . Consideration by Order of the House
If the House agrees to a request to take up a Senate amendment
before the stage of disagreement, and if the request specifies the
disposition sought (to concur, to amend, or to disagree), only that
action is in order. Such a special request does not place the Senate
amendment before the House for any alternative disposition. If, on the
other hand, a Senate amendment is placed before the House by unanimous
consent or a special order of business merely ``for consideration,''
various motions are in order in the following order of priority: to
concur with an amendment, to concur, or to dis
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agree. A motion to concur with an amendment can itself be amended, if
the motion for the previous question is rejected, to propose another
amendment. Similarly, where the House has adopted a special order of
business providing for the consideration in the House of a motion to
concur in Senate amendments that otherwise require consideration in
the Committee of the Whole, only the motion to concur, made in order
by the special order of business, is in order. Other motions to
dispose of the Senate amendments may not be offered as privileged
pending, or even after rejection, of that motion. The rejection of
such a motion does not result in disagreement to that amendment or
permit disposition of that amendment by other motions (the stage of
disagreement not having been reached). Deschler-Brown Ch 32 Sec. 5.34.
Sec. 11 . -- By Special Order of Business
Generally
Resolutions from the Committee on Rules may be used to authorize
the consideration in the House of a motion to dispose of Senate
amendments before the stage of disagreement that would otherwise
require consideration in the Committee of the Whole. Such rules often
authorize the chair of a designated committee to offer a specified
motion to dispose of the Senate amendments. At this stage, the special
order of business need not protect the motion to recommit because the
bill is not at the stage of initial passage and thus clause 6(c) of
rule XIII does not apply. Manual Sec. 859.
If a motion for the previous question is voted down on a
resolution providing for consideration of the Senate amendments, the
resolution is open to germane amendment. Deschler Ch 21 Sec. 27.18. If
a resolution providing for concurring in Senate amendments to a House
bill before the stage of disagreement is rejected, the bill and
amendments remain on the Speaker's table for further action by the
House. Deschler Ch 21 Sec. 27.20.
``Hereby'' Special Orders of Business
On occasion the Committee on Rules has recommended a so-called
``hereby'' special order of business. Such a resolution, if adopted by
the House, orders a disposition of a Senate amendment, often before
the stage of disagreement. Such a resolution eliminates the need for a
motion to dispose of the amendment. Such rule is sometimes referred to
as a ``hereby'' special order because the House, in adopting the
resolution as drafted, ``hereby'' agrees to the disposition of the
amendment as proposed by that resolution. If the House adopts a
resolution, no further action by the House
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is required. The amendment is never itself before the House for
separate consideration. Deschler Ch 21 Sec. Sec. 27.16, 27.19.
Special orders of this nature may include provisions for a motion
to dispose of Senate amendments as well as ``hereby'' provisions
applicable to a related proposition.
The adoption of a ``hereby'' resolution disposing of a Senate
amendment obviates the requirement of consideration in Committee of
the Whole under clause 3 of rule XXII that would otherwise apply.
Manual Sec. 1073.
Special Orders of Business and the Motion to Recommit
Clause 6 of rule XIII precludes the Committee on Rules from
preventing a motion to recommit with instructions a bill or joint
resolution on which the previous question has been ordered to passage.
Manual Sec. 857. Under that stricture, the Committee on Rules may not
propose that the House ``hereby'' pass a bill or joint resolution or
provide for initial passage thereof without intervening motion (unless
it is the text of a previously House-passed measure).
Sec. 12 . -- By Unanimous Consent
Generally
Senate amendments may be considered in the House by unanimous
consent, even though such amendments normally would require
consideration in Committee of the Whole. Typically, the House will
agree by unanimous consent to take from the Speaker's table a House
bill with Senate amendments and concur in or otherwise dispose of the
amendments or permit the consideration of those amendments in the
House. Deschler-Brown Ch 32 Sec. 5.7.
This procedure may be invoked to permit the House to consider a
Senate amendment and concur therein with an amendment consisting of
the text of a House-passed bill. 95-1, May 11, 1977, p 14390. In one
instance, pursuant to a single unanimous-consent request, the House
amended a Senate amendment with the text of another bill introduced in
the House, insisted on the House amendment, and requested a
conference. 97-2, Mar. 16, 1982, p 4227. In another instance, the
House by unanimous consent made in order the consideration of a motion
to disagree to any Senate amendment that might be added to a House-
passed bill then pending in the Senate. Subsequently, pursuant to this
authority, the House considered and adopted a motion disagreeing to a
Senate amendment. 99-2, Aug. 15, 1986, p 22132.
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Guidelines for Recognition
Recognition for unanimous consent to consider a Senate amendment
on the Speaker's table may be subject to announced guidelines imposed
by the Speaker as a precondition to such recognition. For example, the
Speaker may indicate an intention to recognize only the chair or other
authorized member of the committee with jurisdiction for such
unanimous-consent requests. Manual Sec. 956.
Form of Request as Affecting Votes
The pendency of a unanimous-consent request to take from the
Speaker's table a measure with a Senate amendment and concur in the
amendment precludes the necessity for a vote on the amendment because
the amendment would be disposed of if the request is granted.
Deschler-Brown Ch 32 Sec. Sec. 5.11, 9.14. The failure of a Member to
object to the unanimous-consent request constitutes final House action
on the measure, thereby precluding a vote on the amendment. However, a
unanimous-consent request invoked merely to consider a Senate
amendment in the House permits a vote on a subsequent motion to concur
in the Senate amendment. Deschler-Brown Ch 32 Sec. 5.14.
Sec. 13 . -- By Suspension of the Rules
The House may consider a proposition, offered under suspension of
the rules, taking a House bill with one or more Senate amendments from
the Speaker's table and concurring in, disagreeing to, or making some
other disposition of, the amendment(s). Deschler-Brown Ch 32
Sec. 5.25.
A motion to suspend the rules and take a House bill with Senate
amendments from the Speaker's table and concur in the amendments with
a designated amendment may set forth the designated amendment in the
text of a resolution. Under prior practice, the language of the
designated amendment was included in the motion itself. 95-1, July 12,
1977, p 22483; Deschler-Brown Ch 32 Sec. 5.22. The House also has
agreed to a motion to suspend the rules and agree to a resolution
whereby the House agreed to the Senate amendment with a further
amendment, insisted on the House amendment, and requested a conference
with the Senate. 98-2, Aug. 8, 1984, p 22963.
The suspension procedure in such cases does not require a
resolution when the language to be voted on directly is in the Senate
message and the House is not originating new language. For example,
the House has agreed to a motion to suspend the rules and take from
the Speaker's table a Senate
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bill with a Senate amendment to House amendments thereto, and to
concur in the Senate amendment. 95-1, Oct. 18, 1977, pp 34086, 34087,
34091.
Sec. 14 . -- By Sending to Conference
House bills returned with Senate amendments requiring
consideration in the Committee of the Whole may be taken from the
Speaker's table and sent to conference by unanimous consent. 6 Cannon
Sec. 732. Such amendments also may be sent to conference by motion
under the provisions of clause 1 of rule XXII if the House is in
possession of the official papers. Deschler-Brown Ch 29 Sec. 17.1.
That rule provides that a motion to disagree with an amendment of the
Senate to a House proposition and to request or agree to a conference
with the Senate is always in order if the Speaker has chosen to
recognize for that purpose and if the motion is made by direction of
the committee having jurisdiction of the subject matter of the
proposition. Manual Sec. Sec. 1069, 1070. On a bill that has been
referred to more than one committee, the motion must be authorized by
the primary committee and all committees of initial referral reporting
thereon. Under clause 2(a)(3) of rule XI, a committee may adopt a rule
directing the chair to offer such a motion whenever the chair
considers it appropriate. A committee of sequential referral need not
authorize a motion made by direction of the committee that reported
the bill. Manual Sec. 1070; see generally Conferences Between the
Houses.
While a privileged motion to go to conference under clause 1 of
rule XXII is pending, preferential motions to concur or to concur with
amendment are not in order (the stage of disagreement not having been
reached). Deschler-Brown Ch 32 Sec. 5.
Sec. 15 . Motions; Precedence Before Stage of Disagreement
The stage of disagreement not having been reached on a Senate
amendment, motions in the House to dispose of the amendment are not
privileged and require unanimous consent or a special order of
business from the Committee on Rules, the only exception being a
motion to ask or agree to a conference under clause 1 of rule XXII.
Deschler-Brown Ch 32 Sec. 5.34. However, if a Senate amendment is
considered pursuant to an order of the House that does not specify the
motion to be considered, the amendment may then be disposed of by
invoking one of the motions shown in Chart No. 1 (Sec. 16, infra).
Such motions are available in the specified sequence and are arranged
in order of precedence. Manual Sec. 528b.
The relative preference of motions at this stage favors allowing
the House to perfect the amendment; that is, to first consider any
amendments
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to the Senate amendment before considering whether to agree or
disagree to it. Thus, at this stage, the motion to concur with an
amendment takes precedence over the motion to concur. Manual
Sec. 528b. These motions yield to the motion under clause 1 of rule
XXII to disagree and send to conference, which must be made by
direction of the pertinent committees.
A motion in the House to dispose of a Senate amendment to a House
bill is itself subject to the secondary motions ordinarily applicable
to any question that is under debate--to table, to postpone to a day
certain, to refer, and to amend--all of which remain privileged under
clause 4 of rule XVI, the last three yielding to the motion for the
previous question. Manual Sec. 528b. Thus, an amendment to a motion to
concur in a Senate amendment with an amendment may not be offered
unless the Member having the floor yields for that purpose, or unless
a motion for the previous question on the motion is defeated.
Deschler-Brown Ch 32 Sec. 11.20.
Where a motion to recede and concur in an amendment reported from
conference in disagreement is divided on demand, and the House votes
to recede, the motion to concur with an amendment may be offered as
preferential to the motion to concur (the House having retreated from
the stage of disagreement). 95-2, Oct. 5, 1978, p 33698. If the motion
to concur with an amendment is rejected, the question recurs on the
original proposal to concur in the Senate amendment. Deschler-Brown Ch
32 Sec. 9.16. On rejection of a motion to concur in a pending Senate
amendment, a motion to concur with an amendment or a motion to
disagree is in order. Deschler-Brown Ch 32 Sec. 9.17.
A motion to concur in a Senate amendment with an amendment (before
the stage of disagreement) is not subject to a demand for a division
of the question. 8 Cannon Sec. 3176. Divisibility after the stage of
disagreement, see Sec. Sec. 20, 21, infra.
B. Reaching the Stage of Disagreement
Sec. 16 . In General
Reaching the stage of disagreement is a critical threshold in the
disposition of amendments between the Houses. Before the stage of
disagreement is reached on Senate amendments, motions in the House to
dispose of amendments that require consideration in Committee of the
Whole are not privileged and require unanimous consent unless other
action is made in order by a special order of business or by the
prescription in clause 1 of rule XXII, relating to motions to ask or
agree to a conference. Sec. Sec. 8, 11, 15, supra. After the stage of
disagreement has been reached, motions in the
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House to resolve the matter in disagreement are privileged and do not
require unanimous consent for their consideration. Sec. 17, infra. The
stage of disagreement having been reached, a bill with Senate
amendments may be called up as privileged when the House is in
possession of the papers. 8 Cannon Sec. 3194.
Whether the House has reached the stage of disagreement also is
important in determining the kinds of motions that may be sought and
the precedence thereof. These motions (Manual Sec. 528) are shown in
Chart No. 1 and are listed in preferential order.
The stage of disagreement between the two Houses is reached when
the House has either disagreed to the Senate amendments or has
insisted on its own amendments to a Senate measure and has messaged
that action to the Senate. Manual Sec. Sec. 528a, 1074. For example,
where the House concurred in a Senate amendment to a House bill with
an amendment, insisted on the
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amendment, and requested a conference, and the Senate then concurred
in the House amendment with a further amendment, the matter was
privileged in the House for further disposition because the House had
communicated its insistence and request for a conference to the
Senate. Manual Sec. 1074.
The House has reached the stage of disagreement on a bill when it
has disagreed to a Senate amendment or insisted on a House amendment
(with or without requesting or agreeing to a conference) and has
informed the Senate of its action by message. Only previous insistence
or disagreement by the House itself (and not merely disagreement,
insistence, or amendment by the Senate) places the House in
disagreement. Manual Sec. Sec. 528a, 528c; Deschler-Brown Ch 32
Sec. 7.5.
Once the stage of disagreement has been reached on a bill with
amendments, the House remains in the stage of disagreement until the
matter is finally disposed of, and motions for its disposition are
privileged whenever the House is in possession of the papers. This
principle applies both where the stage of disagreement is reached
without a conference, and where matters remain in disagreement after
conferees have reported. Manual Sec. 528c. Where a Senate amendment
reported from conference in disagreement remains in disagreement
following subsequent action by the House and the Senate, a further
motion to dispose of that Senate amendment in the House is privileged
under clause 4 of rule XXII and subject to one hour of debate. Manual
Sec. 1075.
C. After the Stage of Disagreement; Motions
Sec. 17 . In General; Privilege of Motions
Under clause 4 of rule XXII, once the stage of disagreement has
been reached and the House is in possession of the papers, motions in
the House to resolve the matter in disagreement are privileged and no
longer require unanimous consent for their consideration. Deschler-
Brown Ch 32 Sec. 7.3. For example, the House having disagreed to a
Senate amendment and the Senate having insisted thereon, motions to
dispose of the matter in disagreement are privileged for consideration
in the House.
Once the stage of disagreement has been reached between the two
Houses on an amendment, motions in the House to dispose of the matter
at subsequent permissible stages of amendment remain privileged. For
example, where the House concurred in a Senate amendment to a House
bill with an amendment, insisted on the House amendment and requested
a conference, and the Senate then concurred in the House amendment
with a further amendment, the matter was privileged for further
disposition in the
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House because the stage of disagreement had been reached. Deschler-
Brown Ch 32 Sec. 7.5.
Sec. 18 . Motions in Order; Precedence of Motions
Generally
The stage of disagreement having been reached on a Senate
amendment, the amendment is subject to disposition in the House by
various motions. The primary motions to dispose of the amendment,
arranged in preferential order, are shown in Chart No. 1 (Sec. 16,
supra). Manual Sec. 528d. These motions have precedence in the order
shown without regard to the order in which they might be offered. 5
Hinds Sec. 6324. A demand for the previous question by the Member in
charge of a bill does not preclude consideration of a preferential
motion to dispose of the amendment in disagreement. 8 Cannon
Sec. 3204.
In theory, once at the stage of disagreement, preferential status
is accorded to a motion that tends most directly to bring the Houses
into agreement. 8 Cannon Sec. 3204; Deschler-Brown Ch 32 Sec. 7.8.
Thus, the stage of disagreement having been reached, a motion to
recede and concur takes precedence over a motion to recede and concur
with an amendment and a motion to insist on disagreement, because the
motion to recede and concur most promptly tends to bring the two
Houses together. Manual Sec. 528d.
For a discussion of the preferential status of a motion to insist
on disagreement to a Senate amendment reported from conference in
disagreement, where the original motion to dispose of the matter
portends legislation on an appropriation bill within the jurisdiction
of another committee, see clause 8(b)(3) of rule XXII; Manual
Sec. 1084; Conferences Between the Houses. Where the matter in
disagreement is a House amendment, see Sec. 29, infra.
Secondary Motions
Secondary motions applicable when any question is under debate,
such as the motion to table, to refer, or to postpone, are available
to dispose of a Senate amendment and are in order when preferential.
Manual Sec. 911. The motion to table a Senate amendment in
disagreement is preferential over other motions to dispose of the
amendment. Sec. 19, infra. The motion to refer a Senate amendment is
preferential only to the motion to adhere to disagreement. Manual
Sec. 528d. A motion to recommit with instructions to report back
forthwith with an amendment may not be offered after the previous
question has been ordered on a motion to recede and concur, a motion
of higher privilege. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5.
Motions to post
[[Page 858]]
pone, either to a day certain or indefinitely, may be presumed to have
the lowest privilege with respect to a Senate amendment after the
stage of disagreement has been reached. Manual Sec. 528d.
Sec. 19 . -- To Lay on the Table
The stage of disagreement having been reached, a motion to table a
Senate amendment to a House bill is in order and takes precedence over
other motions to dispose of the amendment, including the motion to
insist on disagreement. Adoption of a motion to table the amendment
carries the bill to the table. Manual Sec. 528d; 5 Hinds
Sec. Sec. 5424, 6201-6203; Deschler-Brown Ch 32 Sec. 7.22.
Laying on the table a motion to dispose of a Senate amendment
should be distinguished from the tabling of the Senate amendment
itself. Manual Sec. Sec. 528d, 914. A privileged motion to dispose of
a Senate amendment in disagreement is itself subject to the motion to
table. Manual Sec. 519. Thus, a motion to recede and concur is subject
to the motion to table (Deschler-Brown Ch 32 Sec. 7.27), as is the
motion to recede and concur with an amendment (Deschler-Brown Ch 32
Sec. 7.26). A motion to table a privileged motion to dispose of an
amendment between the Houses is in order before debate thereon or at
the end of debate (and before the previous question is ordered).
Manual Sec. 914; 5 Hinds Sec. Sec. 5393-5395.
Adoption of a motion to table a motion to dispose of an amendment
represents final adverse disposition of that motion at that stage of
the question, but would not necessarily dispose of the amendment or
the bill, because other motions could still be available to dispose of
the amendment. See Deschler-Brown Ch 32 Sec. 7.10.
Sec. 20 . -- To Recede and Concur
In General
After the stage of disagreement has been reached, a motion to
recede and concur is highly preferential, yields only to a motion to
table (Sec. 19, supra), and takes precedence over:
A motion to recede and concur with an amendment. 8 Cannon
Sec. Sec. 3198, 3202.
A motion to insist on disagreement. 5 Hinds Sec. 6208; 8
Cannon Sec. 3194.
A motion to disagree (or insist) and request a conference.
Manual Sec. 528d.
A motion to adhere. 5 Hinds Sec. 6271.
[[Page 859]]
A motion to recede and concur is in order even after a motion for
the previous question has been demanded on a motion of lesser
privilege, such as a motion to insist. 5 Hinds Sec. 6208.
If the House agrees to the motion to recede and concur, other less
preferential motions to dispose of the amendment fall and are not
voted upon. Deschler-Brown Ch 32 Sec. 10.25. However, if the House
rejects the motion to recede and concur, further action must be taken
to dispose of the amendment. Manual Sec. 488. If the motion to recede
and concur in the Senate amendment is defeated, a further motion
relating to the amendment in disagreement is in order. Deschler-Brown
Ch 32 Sec. 10.27. If a motion to insist on disagreement to the Senate
amendment was pending, the question would recur on that motion.
Deschler-Brown Ch 32 Sec. 10.28.
Dividing the Question
The question on a motion to recede and concur in a Senate
amendment may be divided on demand of any Member. 8 Cannon Sec. 3203.
The division may be demanded as a matter of right under clause 5 of
rule XVI. Manual Sec. 921. The House does not vote on whether to
permit a division of the question. Deschler-Brown Ch 32 Sec. 10.11.
If the question on receding and concurring is divided before the
ordering of the previous question, the hour rule for debate applies to
each motion separately. See Deschler-Brown Ch 32 Sec. Sec. 8.1, 10.13.
If the question has been divided and the motion to recede is
agreed to, then the question of concurring is before the House.
Deschler-Brown Ch 32 Sec. 10.20. However, the House having receded, it
is no longer in the stage of disagreement with the Senate on that
amendment, and in that event a motion to amend takes precedence over
the motion to concur. 5 Hinds Sec. Sec. 6209, 6210; 8 Cannon
Sec. 3198. Thus, where a motion to recede and concur has been divided,
and the House recedes, a motion to concur with an amendment then takes
precedence over the motion to concur, is considered as pending if part
of the original motion, and is voted on first. Manual Sec. 528d; 95-2,
Oct. 5, 1978, p 33698-701.
Sec. 21 . -- To Recede and Concur With Amendment
A Senate amendment in disagreement is subject to disposition in
the House pursuant to a motion to recede from disagreement and concur
in the amendment with an amendment. See, e.g., 97-1, May 20, 1981, p
10319. This motion ordinarily yields to the motion to recede and
concur but takes precedence over the motion to insist and over the
motion to adhere. Manual Sec. 528d; 5 Hinds Sec. Sec. 6219-6223; 8
Cannon Sec. Sec. 3200, 3202.
[[Page 860]]
A motion to recede and concur with an amendment is subject to
amendment if the motion for the previous question is voted down or if
the Member in control of the floor yields for that purpose. Deschler-
Brown Ch 32 Sec. Sec. 11.19, 11.21. Where one motion to recede and
concur with an amendment is rejected, another motion to recede and
concur with a different amendment may be offered. Deschler-Brown Ch 32
Sec. 11.12.
A motion to recede from disagreement to a Senate amendment and
concur therein with an amendment may, on demand of any Member, be
divided to permit separate votes; the House votes first on the motion
to recede, and (if the House does recede) then on the motion to concur
with an amendment. 94-1, Oct. 7, 1975, p 32064; 99-1, Nov. 1, 1985, pp
30147, 30163. If the House refuses to recede, the motion to further
insist is in order. Sec. 22, infra.
Sec. 22 . -- To Insist
A Senate amendment in disagreement may be disposed of pursuant to
a motion to insist on disagreement or a compound motion to insist on
disagreement and request a (further) conference. Because the motion to
insist on disagreement and request a conference is more likely to
bring the two Houses together, that motion takes precedence over the
simple motion to insist. Manual Sec. 528d. Where both Houses insist
and neither House asks for a conference or recedes, the bill fails. 5
Hinds Sec. 6228.
A motion to insist on disagreement to a Senate amendment yields to
preferential motions, such as a motion to recede and concur in the
amendment but takes precedence over the motion to refer. 5 Hinds
Sec. 6225; 8 Cannon Sec. 3183. A motion to insist on disagreement and
request a further conference is not in order so long as preferential
motions to dispose of amendments in disagreement are pending.
Deschler-Brown Ch 33 Sec. 29.50.
The motion to insist on disagreement is in order and most commonly
used after the House has refused to recede from disagreement to a
Senate amendment. See, e.g., Deschler-Brown Ch 32 Sec. Sec. 12.2,
12.9. Thus where the House refuses to recede from its disagreement to
a Senate amendment--the motion to recede and concur having been
divided on demand of a Member--the motion to insist on disagreement is
in order. Deschler-Brown Ch 32 Sec. 12.10. Underlying these precedents
is the reasoning that because the refusal of the House to recede is
not equivalent to insisting upon disagreement, the House may vote
separately on that question pursuant to the motion to insist on
disagreement. Deschler-Brown Ch 32 Sec. 12.8.
A motion to insist on disagreement and request a further
conference may be in order after the rejection of a conference report
or after the con
[[Page 861]]
ference managers have reported a Senate amendment in disagreement.
Deschler-Brown Ch 32 Sec. Sec. 11.13, 12.13. For example, on rejection
of a motion to recede and concur in a Senate amendment with an
amendment, the manager may be recognized to offer a motion that the
House insist on its disagreement to the amendment. 96-1, May 23, 1979,
p 12489. Where a motion to recede and concur with an amendment to an
amendment reported in disagreement from conference has been divided,
and the motion to recede is rejected, the manager is entitled to
recognition to offer a motion to insist on disagreement. 94-1, Sept.
24, 1975, pp 30081, 30082.
Rejection of a motion to insist on disagreement to a Senate
amendment is not tantamount to concurrence. Further action is required
to dispose of the Senate amendment. Indeed, a motion to insist having
been rejected, the same Member who had offered the motion may be
recognized, absent recognition of another Member, to offer a motion to
recede and concur. Deschler-Brown Ch 32 Sec. 12.8. Similarly, the
rejection of a motion to recede and concur is not equivalent to the
adoption of a motion that the House insist on disagreement. Deschler-
Brown Ch 32 Sec. 12.5.
Under clause 8(b)(3) of rule XXII, a motion to insist on
disagreement to a Senate amendment to a general appropriation bill
reported in disagreement by a conference committee is preferential and
separately debatable if the original motion to dispose of the Senate
amendment proposes to change existing law and the motion to insist is
timely offered by the chair of a committee of jurisdiction or a
designee. Under clause 8(b)(3), the previous question is considered as
ordered on such motion to its adoption without intervening motion.
Manual Sec. 1084.
Sec. 23 . -- To Refer to Committee
A Senate amendment in disagreement may be disposed of pursuant to
a motion to refer (or recommit) to committee when and if such motion
is preferential. The simple motion to refer is preferential only to
the motion to adhere. Manual Sec. 528d. The motion to refer must yield
to motions of higher preferential status, such as the motion to recede
and concur and the motion to insist. 5 Hinds Sec. 6225; 8 Cannon
Sec. 3259. A motion to recommit with instructions may be offered, but
it too must yield to preferential motions to dispose of the amendment.
Thus, a motion to recommit with instructions to report back forthwith
with an amendment may not be offered after the previous question has
been ordered on a motion to recede and concur, a motion of higher
privilege. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5. However,
after the House has receded from disagreement to a Senate amendment, a
motion to amend is preferential, so that, after the previous
[[Page 862]]
question is ordered on a motion to concur, a motion to recommit with
instructions to amend would be in order. 8 Cannon Sec. 2744.
Sec. 24 . -- To Adhere
Where the House has expressed its disagreement to a Senate
amendment and the amendment remains in disagreement after a Senate
response thereto, a motion that the House adhere to its disagreement
is in order. See, e.g., 5 Hinds Sec. 6239. The motion to adhere is
rarely used in modern practice, but when both Houses have insisted,
neither inclining to recede, it is in order. This motion yields to
motions of higher precedence, such as the motion to recede and concur
and the motion to insist. Manual Sec. 528d; 5 Hinds Sec. 6324. When
both Houses adhere, the bill fails, even though the disagreement may
be over a very minor amendment. 5 Hinds Sec. Sec. 6163, 6233-6240,
6313, 6324, 6325.
The adoption of a motion of higher preferential status--to recede
from disagreement to the amendment--precludes a motion to adhere to
the same amendment. However, the House may recede from its
disagreement to certain amendments and adhere to it as to other
amendments to the same bill. 5 Hinds Sec. 6229; for adherence to House
amendments, see Sec. 29, infra.
Adherence is to be distinguished from insistence in that adherence
represents an uncompromising position and may not be accompanied by a
request for a conference. The House that votes to adhere does not ask
for a conference, although it may agree to one, whereas the other
House may vote to insist and, at the same time, seek a conference. 5
Hinds Sec. Sec. 6241, 6308. One House, having adhered, may recede from
its adherence and agree to a conference asked by the other, or it may
vote to further adhere. 5 Hinds Sec. 6251.
Sec. 25 . Debate; Recognition
Debate in the House on a privileged motion to dispose of a Senate
amendment in disagreement is under the hour rule. Deschler-Brown Ch 32
Sec. 8.1. Under clause 8(d) of rule XXII, when an amendment is
reported from conference in disagreement, the Speaker recognizes the
manager of the report for a motion to dispose of the amendment. The
motion is debatable for one hour, equally divided between the majority
and minority parties. Pursuant to clause 8(d)(2) of rule XXII, if the
floor managers for both parties support the conference report, a
Member opposed may claim one-third of the time for debate. See
Conferences Between the Houses. The equal division of debate between
the majority and minority parties under clause 8(d) technically
applies only to conference reports and to motions to dispose
[[Page 863]]
of amendments reported from conference in disagreement and does not
apply to the Member offering the initial motion to dispose of an
amendment in disagreement that has not been reported from conference
but that is subsequently before the House. Deschler-Brown Ch 32
Sec. 7.4. However, the current practice in the House is to divide the
time in this fashion on all motions to dispose of amendments still in
disagreement following a conference. Manual Sec. 1086.
Although a motion to dispose of the amendment in disagreement may
be displaced by a preferential motion, the Member offering the
preferential motion does not thereby gain control of time for debate.
Deschler-Brown Ch 33 Sec. 29.12. For example, although the motion to
concur in a Senate amendment takes precedence over the motion to
disagree where the stage of disagreement has been reached, the Member
offering the preferential motion does not thereby gain control of the
time for debate, which remains in the control of the proponent of the
original motion under the hour rule. Deschler-Brown Ch 32 Sec. 7.14.
Similar rules are applied to amendments reported from conference in
disagreement; that is, the proponent of the preferential motion does
not thereby gain control of the time for debate. Deschler-Brown Ch 32
Sec. 8.1.
Although the manager of a conference report is entitled to prior
recognition to offer motions to dispose of amendments in disagreement,
such individual is not entitled to offer two motions, one preferential
to the other, to be pending at the same time. However, where the first
motion to insist on disagreement has been superseded by a preferential
motion to recede and concur, then the initial motion is no longer
pending. When the House votes to recede on the first portion of that
divided question, the manager may be recognized to offer another
motion to concur with an amendment, which would be preferential to the
remaining proposal to concur. Deschler-Brown Ch 32 Sec. 8.2. This is
to be contrasted with the situation where the bill manager offers a
motion to dispose of a Senate amendment that is rejected by the House.
In that case, recognition to offer a subsequent motion to dispose of
the pending Senate amendment shifts to a Member who led the opposition
to the rejected motion. See Manual Sec. 954.
Sec. 26 . Disposition of Nongermane Senate Provisions
Under clause 10 of rule XXII, points of order may be made and
separate votes demanded on motions to reject portions of conference
reports and Senate amendments in disagreement containing language that
would not have been germane if offered in the House. Clause 10 permits
points of order against language in a conference report that was
originally in a Senate
[[Page 864]]
bill and that would not have been germane if offered to the House-
passed version, and permits a separate motion to reject such portion
of the conference report if found nongermane. Manual Sec. Sec. 931,
1089, 1090. Clause 10 permits a similar procedure if a Senate
amendment or portion thereof would have been nongermane if offered in
the House. Motions to reject under these clauses are subject to 40
minutes of debate, equally divided between a proponent and an opponent
of the motion. Manual Sec. Sec. 1089, 1090; see Germaneness. Under the
modern practice, conference reports are considered pursuant to a
special order of business that waives all points of order against the
conference report and its consideration, including clause 10 of rule
XXII.
III. House Amendments to Senate Measures
Sec. 27 . In General; Degree of Amendment
A Senate bill may be subject to amendment by the House when the
bill is called up in the House pursuant to a unanimous-consent request
or a motion authorized by a special order of business from the
Committee on Rules. Sec. Sec. 2-4, supra. A Senate amendment to a
House measure also is subject to amendment by the House. The motion to
concur with an amendment is in order before the stage of disagreement,
and the motion to recede and concur with an amendment is in order
after the stage of disagreement. Sec. Sec. 15, 21, supra. As pointed
out elsewhere, however, an amendment to an amendment to an amendment
is in the third degree and not in order absent unanimous consent,
suspension of the rules, or a special order of business providing such
procedure. See Amendments. This rule governs the two Houses, according
to Jefferson's Manual, and is applicable to amendments between the
Houses, as shown in Chart No. 2. Manual Sec. 529.
[[Page 865]]
Where a bill of one House is amended by the other, the originating
House may respond with an amendment, and the second House may offer an
amendment to that amendment, but there the process stops; any further
amendment is in the third degree and not in order. 5 Hinds Sec. 6163.
An amendment of one House being amended by the other, the first
amending House may amend the last amendment, but further amendment is
not permissible. 5 Hinds Sec. Sec. 6176-6178. Thus, where a Senate
amendment to a House bill has been reported in disagreement, and a
House amendment thereto is amended by a further Senate amendment,
motions in the House to agree or disagree to the Senate amendment to
the House amendment are in order, but a motion to concur with a
further amendment would be in the third degree and not in order.
Deschler-Brown Ch 32 Sec. 6.4. Likewise, where there is pending in the
House a motion to amend a Senate amendment to a House amendment to a
Senate bill, and the House adopts the motion, the Senate may then
either concur in or disagree to the House amendment, but a further
Senate amendment would be in the third degree. 94-1, Dec. 15,
[[Page 866]]
1975, pp 40711, 40712. However, a conference report recommending
amendments at this stage is not subject to a point of order that the
amendments are in the third degree.
The House may consider a third-degree amendment by unanimous
consent, under suspension of the rules, or pursuant to a special order
of business from the Committee on Rules. Unanimous-consent requests
have been used to seek consideration of amendments in the fourth or
fifth degree. 99-2, Mar. 20, 1986, p 5796. If the House adopts an
amendment pursuant to such a procedure, the Senate may consider itself
no longer bound by Jefferson's proscription against third-degree
amendments and amend further.
Sec. 28 . Germaneness Requirements
An amendment offered in the House to a Senate amendment (that
merely inserts new matter and does not strike House provisions) must
ordinarily be germane to the particular Senate amendment to which it
is offered, its germaneness to the provisions of the bill being
insufficient. Manual Sec. 931; 5 Hinds Sec. 6188. The test of
germaneness of an amendment in the nature of a substitute to a Senate
amendment--proposed in a motion to concur therein with an amendment--
is the relationship between the proposed amendment in its entirety and
the Senate amendment (and not the relationship between any one
provision of the amendment and any one provision of the Senate
amendment). Manual Sec. 931. A special order of business may waive the
germaneness requirement. See, e.g., 106-2, Sept. 27, 2000, p 19708.
A motion to recede and concur in a Senate amendment with an
amendment must be germane to the Senate amendment. Deschler-Brown Ch
28 Sec. 27.1. However, where a Senate amendment proposes to strike
language in a House bill, the test of the germaneness of a motion to
recede and concur with an amendment is the relationship between the
language in the motion and the provisions in the House bill proposed
to be stricken by the Senate amendment, as well as to the matter to be
inserted by the Senate amendment. Deschler-Brown Ch 28 Sec. 27.9.
Clause 10 of rule XXII permits points of order against portions of
motions to concur or concur with amendment in nongermane Senate
amendments, the stage of disagreement having been reached. If such
points of order are sustained, the rule permits separate motions to
reject such nongermane matter. Manual Sec. Sec. 1089-1091; for more
comprehensive discussion, see Germaneness of Amendments.
[[Page 867]]
Sec. 29 . Amending House-passed Amendments; Receding, Insisting,
Adhering
Generally
Jefferson reasoned that, although the House may modify an
amendment from the Senate, the House cannot amend its own amendment
``because they have, on the question, passed it in that form.'' Manual
Sec. 526. Thus, although the House may recede from or insist on its
own amendment, it may not couple an amendment with such an action. 5
Hinds Sec. 6163. Indeed, few motions are available to enable the House
to act on its own amendment to a Senate measure. These motions (Manual
Sec. 528b), which are used primarily when the Senate has disagreed to
the House amendment, are as follows:
To recede.
To insist and request or agree to a conference.
To insist.
To adhere.
These motions have precedence in the House in the order named
without regard to the order in which they might be offered. 5 Hinds
Sec. 6324. Accordingly, the Senate having disagreed to a House
amendment, the House may recede from or insist on its own amendment.
When both Houses have insisted, neither inclining to recede, it is in
order to adhere. 5 Hinds Sec. 6163.
Receding
The House may recede from its own amendment to a Senate bill by
motion or by unanimous consent. Manual Sec. 524; Deschler-Brown Ch 32
Sec. Sec. 10.3, 10.5. If the House recedes from its own amendment, the
bill is passed unamended, unless the Senate has concurred in the House
amendment with a Senate amendment. Deschler-Brown Ch 32 Sec. 10. If
the House recedes from its amendment to a Senate amendment, further
House action is in order: the House may either concur in the Senate
amendment or amend it. Manual Sec. 528d.
The stage of disagreement having been reached on a House amendment
to a Senate amendment to a House proposition, the House may recede
from its amendment and, having receded, may then concur in the Senate
amendment with a different amendment (and such separate actions are
not tantamount to the House's receding from its own amendment with an
amendment as proscribed by Jefferson's Manual). Manual Sec. 526. Of
course, where the House has previously concurred in a Senate amendment
with an amendment, the House does not, merely by receding from its
amendment, concur in the Senate amendment. Manual Sec. 524.
[[Page 868]]
Insisting
The motion to insist on a House amendment yields to the motion to
recede therefrom. 5 Hinds Sec. 6270. However, where both Houses insist
and neither asks for a conference or recedes, the bill fails. 5 Hinds
Sec. 6228.
The compound motion to insist on a House amendment and request or
agree to a conference takes precedence over simple motions to insist
or to adhere. Preferential status is accorded to the compound motion
because of the greater likelihood that it will resolve the differences
between the two Houses. Manual Sec. 528b.
Adhering
Although it has been permitted, adherence before the stage of
disagreement has been extremely rare and is used infrequently under
the modern practice, even after the stage of disagreement. 5 Hinds
Sec. 6303. The motion to adhere to an amendment is the least-
privileged motion, yielding to the motion to recede and the motion to
insist. In addition, the ordinary motions applicable to any question
that is under debate--to table, to postpone to a day certain, and to
refer--remain privileged under clause 4 of rule XVI. Manual Sec. 528b.
It has been held that after the previous question has been moved
on a motion to adhere, a motion to recede may not be offered. 5 Hinds
Sec. 6310.
Effect of Adherence; Adherence as Related to Conferences
When both Houses adhere--one House adhering to its amendment and
the other to its disagreement therewith--the bill fails. 5 Hinds
Sec. Sec. 6163, 6313, 6325. Adherence is to be distinguished from
insistence in that adherence represents an uncompromising position and
may not even be accompanied by a request for a conference. 5 Hinds
Sec. 6308. However, one House, having adhered, may recede from its
adherence and agree to a conference asked by the other, or it may vote
to further adhere. 5 Hinds Sec. 6251. Conferences often have been
asked and granted where only one House has adhered. 5 Hinds
Sec. Sec. 6241-6244.