[Deschler-Brown Precedents, Volume 16, Chapters 32 - 33]
[Chapter 32. House-Senate Relations]
[A. INTRODUCTORY]
[Â§ 1. In General; Messages Between the Houses]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1-17]
 
                House-Senate Relations
 
                  A. INTRODUCTORY
 
Sec.    1. In General; Messages Between the Houses



[[Page 1]]

                     Chapter 32 

The material in this chapter examines messages between the House and 
Senate and procedures for the disposition of amendments of one House 
to measures adopted by the other.(1) The material in Chapter 33, 
infra, examines House-Senate conferences, conference managers 
(conferees) and conference reports, including the consequences of 
their adoption or rejection. It is the logical extension of this 
chapter, and both chapters are necessary for a comprehensive 
understanding of the procedures which reconcile differences between 
the Houses. To the extent that the disposal of amendments between the 
Houses is accomplished by resorting to a conference, some material 
will appear in both chapters.
The House of Representatives and the Senate communicate and coordinate 
their activities by sending formal messages to each other. These 
messages between the two Houses constitute the sole source of official
information regarding actions taken by the other House.(2) The 
reception of a message from the Senate is a highly privileged matter,
(3) although such reception is not considered the transaction of 
business and therefore does not require a quorum.(4) Until the 95th 
Congress, messages were not read in the absence of a quorum.(5) 
Under the modern practice, the reading of a message from the Senate or 
the President 
---------------------------------------------------------------------
 1.     For comparable precedents that occurred prior to 1935 consult 
5 Hinds' Precedents Sec.Sec. 6163-6253, 6594, 6599 and 8 Cannon's 
Precedents Sec.Sec. 3177-3208. 
 2.     8 Cannon's Precedents Sec.Sec. 3342, 3343. See Sec.Sec. 2.11, 
2.14, infra.
 3.     See Sec. 1.4, infra.
 4.     See Sec. 1.7, infra; and 8 Cannon's Precedents Sec. 3339.
 5.     House Rules and Manual Sec. 55 (1973); 8 Cannon's Precedents 
Sec. 3339; 5 Hinds' Precedents Sec.Sec. 6600, 6650; and 4 Hinds' 
Precedents Sec. 3522.
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[[Page 2]]

does not require the presence of a quorum.(6) Messages 
may be received even though the originating House may have adjourned.
(7) The reception of a message may even interrupt a call of the roll.
(8) Senate bills and House bills with Senate amendments messaged from 
the Senate to the House go to the Speaker's table, from which they may 
be referred by the Speaker to the appropriate standing committees in 
the same manner as public bills introduced by the Members.(9) Those 
bills and amendments requiring consideration in the Committee of the 
Whole are placed on the Union Calendar for consideration there, after 
being reported from the standing committees to which they were 
referred. However, House bills with Senate amendments not requiring
consideration in the Committee of the Whole and Senate bills which do 
not require consideration there, and which are substantially the same 
as House bills which were reported by a standing committee, may be 
disposed of in the House on motion authorized by that committee.(10) 
In determining whether the bills of the House and Senate are 
substantially the same, the Chair considers the House bill as reported 
from the standing committee rather than as originally introduced in the
House.(11) 
In order for a Senate bill to be eligible to be taken directly from the
Speaker's table for consideration in the House under this exception to
the general rule, the similar House bill must already  be on the House
Calendar when the Senate bill is placed on the Speaker's table.(12) 
If a House bill has already been passed before the similar Senate bill
arrives, the Senate bill may still be disposed of when authorized by 
the appropriate committee.(13) 
---------------------------------------------------------------------
 6.     See  House Rules and Manual Sec. 55 (1997).
 7.     See Sec. 1.9, infra, and 8 Cannon's Precedents Sec. 3338. The 
earlier practice is illustrated at 5 Hinds' Precedents Sec.Sec. 
6601, 6603.
 8.     House Rules and Manual Sec. 767 (1997).
 9.     Rule XXIV clause 2, House Rules and Manual Sec. 882 (1997). 
See Sec.Sec. 5.27, 5.28, infra.
10.     Rule XXIV clause 2, House Rules and Manual Sec.Sec. 882, 883 (1997). 
See also Sec. 3.8, infra.
11.     6 Cannon's Precedents Sec.Sec. 734, 736.
12.     6 Cannon's Precedents Sec.Sec. 727, 736, 738, 4 Hinds' Precedents 
Sec. 3096, and Sec. 3.8, infra.
13.     6 Cannon's Precedents Sec.Sec. 734, 735. See Sec. 3.9, infra.

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[[Page 3]]

Senate Informed of House Quorum

Sec.    1.1 At the beginning of a session of Congress, the House 
informs the Senate that a quorum of the House has assembled and is 
ready to proceed with business.

On Jan. 7, 1960,(14) the House sent the following message to the Senate:

A message from the House of Representatives, by Mr. Maurer, one of its 
reading clerks, informed the Senate that a quorum of the House is 
present and that the House is ready to proceed with business.
The message also informed the Senate that a committee of three members 
had been appointed by the Speaker on the part of the House of 
Representatives to join with the committee on the part of the Senate 
to notify the President of the United States that a quorum of each 
House had assembled and that Congress was ready to receive any 
communication he might be pleased to make.

Parliamentarian's Note: The House and Senate also notify each other 
of additional organizational matters-the election of officers,(15) 
setting the date and time for the President's state of the Union 
address,(16) arranging for the counting of the electoral vote(17) in 
January following a Presidential election. 
One House Often Uses a Resolution To Inform the Other of Certain Actions

Sec.    1.2 Senate resolutions are often used to notify the House of 
matters related to the organization of the Senate.

When a new Congress convenes, each House notifies the other of steps 
taken to permit legislative activity to begin. The resolutions noted 
here from the proceedings of Jan. 4, 1989,(18) are typical of those 
sent to the House to provide official notification of Senate actions.
AFTER RECESS
The recess having expired, the House was called to order by the Speaker 
pro tempore [Mr. (Dale E.) Kildee (of Michigan)] at 12 o'clock and 25 
minutes p.m.
MESSAGE FROM THE SENATE
A message from the Senate by Mr. Hallen, one of its clerks, announced 

----------------------------------------------------------------------
14.     106 CONG. REC. 76, 86th Cong. 2d Sess.
15.     1 Hinds' Precedents Sec.Sec. 225, 229.
16.     See House Rules and Manual Sec. 169 (1997).
17.     3 Hinds' Precedents Sec. 1961.
18.     135 CONG. REC. 194, 101st Cong. 1st Sess.
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[[Page 4]]

that the Senate had passed resolutions and a concurrent resolution of 
the following titles, in which the concurrence of the House is requested:

                     S. RES. 1
Resolved, That a committee consisting of two Senators be appointed to 
join such committee as may be appointed by the House of Representatives 
to wait upon the President of the United States and inform him that a 
quorum of each House is assembled and that the Congress is ready to 
receive any communication he may be pleased to make.
                    S. RES. 2
Resolved, That the Secretary inform the House of Representatives that 
a quorum of the Senate is assembled and that the Senate is ready to 
proceed to business.
                    S. RES. 5
Resolved, That the House of Representatives be notified of the election 
of Robert C. Byrd, a Senator from the State of West Virginia, as 
President pro tempore.

Refusal To Receive Message From Other House

Sec.    1.3 The refusal of one House to receive a message from the other 
is a breach of the practice of comity between the two Houses.

On Oct. 14, 1970,(19) Mr. Leslie C. Arends, of Illinois, was granted 
unanimous consent to make this statement:

Mr. Chairman, it is not very often that I have found occasion to 
criticize the action of the other body. I have always felt that my
responsibility here in the House, as is the case with every Member of 
this body, was to maintain the spirit of comity.
But yesterday and today that spirit was closer to comedy than it was 
to comity.
In due deliberation and in the regular order yesterday, the House 
considered and approved the conference report on the farm bill. The 
official papers on that legislation plus the papers on other bills 
were carried by a House employee to the other body, in conformity with 
the normal practice.
Strangely enough, the path was blocked in a fashion reminiscent of the 
action of Gov. George Wallace who one day stood in the schoolroom door.
This morning the same sorry scene was repeated as our House employee 
was again abruptly turned away.
Finally, we now hear the farm bill papers have been accepted, but alas, 
the farm bill is not going to be considered prior to the election recess.
In my time in the House I can recall no instance of this nature-whatever 
one may think of the farm bill.
What I cannot understand, Mr. Chairman, is why the leadership of the 
other body would refuse to even consider the farm bill. . . . 
I certainly think this whole dismal affair has pointed up very 
dramatically the need for change in the other body-a change from 
pettiness to substance 
----------------------------------------------------------------------
19.     116 CONG. REC. 36675, 91st Cong. 2d Sess.
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[[Page 5]]

that will make it both responsible and responsive to public interest.


Privilege of Reception of Senate Message

Sec.    1.4 The reception of a message from the Senate is a highly 
privileged matter and may interrupt the consideration of a bill, even 
though the previous question has been ordered thereon.

On May 3, 1961,(20) the House had just ordered the previous question on 
H.R. 6441, to amend the Federal Water Pollution Control Act, when a 
message was received from the Senate.

A message from the Senate by Mr. McGown, one of its clerks, announced 
that the Senate agrees to the report of the committee of conference on 
the disagreeing votes of the two Houses on the amendments of the Senate 
to the bill (H.R. 3935) entitled "An act to amend the Fair Labor 
Standards Act of 1938, as amended, to provide coverage for employees 
of large enterprises engaged in retail trade or service and of other 
employers engaged in commerce or in the production of goods for 
commerce, to increase the minimum wage under the act to $1.25 an hour, 
and for other purposes."

Following receipt of the message, the House proceeded to other 
privileged business-the consideration of a conference report, the 
submission of another conference report, the filing of a privileged 
report from the Committee on Rules-before resuming consideration, as
unfinished business, of the bill on which the previous question was
ordered.(1) 

Privilege of Request for Return of Message


Sec.    1.5 The request of the Senate for the return of a message is 
laid before the House by the Speaker as privileged, and it requires 
only a majority vote to grant such request.

On Aug. 24, 1935,(2) the House and the Senate both approved House 
Concurrent Resolution 38, providing that both Houses of Congress 
adjourn sine die at the end of the day. However, later that day the 
following took place in the House:

THE SPEAKER:(3) . . . The Chair lays before the House the following 
request from the Senate.
------------------------------------------------------------------
20.     107 CONG. REC. 7172, 87th Cong. 1st Sess.
 1.     Id. at p. 7195.
 2.     79 CONG. REC. 14583, 14645, 14669, 74th Cong. 1st Sess.
 3.     Joseph W. Byrns (Tenn.).
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[[Page 6]]

The Clerk read as follows:

Ordered, That the Secretary of the Senate be directed to request the 
House of Representatives to return to the Senate the concurrent 
resolution (H. Con. Res. No. 38), a concurrent resolution providing 
for the sine die adjournment of the first session of the Seventy-fourth
Congress.

THE SPEAKER: The question is on agreeing to the request of the Senate.
The question was taken; and on a division (demanded by Mr. Snell and 
Mr. Taber) there were-ayes 127, noes 103.
MR. [BERTRAND H.] SNELL [of New York]: Mr. Speaker, I ask for the yeas 
and nays.
The yeas and nays were ordered.
MR. [CARL E.] MAPES [of Michigan]: Mr. Speaker, a parliamentary inquiry.
THE SPEAKER: The gentleman will state it.
MR. MAPES: May I inquire of the Chair whether to grant this request 
of the Senate the rules must be suspended, and to agree to the motion 
will require a two-thirds vote?
THE SPEAKER: No; the request of the Senate is laid before the House 
and acted upon by a majority of the House. The action taken by the 
House will determine what shall be done with the request.
MR. MAPES: The Chair rules that it requires only a majority to grant 
the request?
THE SPEAKER: It requires only a majority.
Time for Reception of Senate Message

Sec.    1.6 The Speaker may receive a message from the Senate before 
the approval of the Journal.

On Sept. 13, 1965,(4) the House was debating the motion to approve the 
Journal when a message arrived from the Senate. After the time of the 
Member then speaking (Mr. Durward G. Hall, of Missouri) had expired, 
the Chair(5) recognized the Senate messenger who informed the House of 
Senate passage of several House bills. Mr. H. R. Gross, of Iowa, then 
stated a point of order.

Mr. Speaker, a point of order.
THE SPEAKER: For what purpose does the gentleman from Iowa arise?
MR. GROSS: The transacting of business of the House prior to adoption 
of the reading of the Journal.
THE SPEAKER: The Chair will state it is always proper, as well as 
courteous, to receive a message from the President of the United 
States, or from the other body, as quickly as possible.(6) 

Receipt of Senate Message Absent House Quorum

----------------------------------------------------------------------
 4.     111 CONG. REC. 23604, 89th Cong. 1st Sess.
 5.     John W. McCormack (Mass.).
 6.     In the permanent Record, the message from the Senate is shown
following completion of the pending business-the approval of the 
Journal-and not at the point where it was actually received. See 111 
CONG. REC. 23607, 89th Cong. 1st Sess.
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[[Page 7]]

Sec.    1.7 A message from the Senate may be received in the absence 
of a quorum, pending a motion for a call of the House.

On Oct. 8, 1968,(7) the following occurred on the floor of the House:

MR. [WILLIAM A.] STEIGER of Wisconsin: Mr. Speaker, I make the point 
of order that a quorum is not present.
THE SPEAKER:(8) Evidently a quorum is not present.
MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I move a call of the House.
THE SPEAKER: At this time the Chair will receive a message. . . .
A message from the Senate by Mr. Arrington, one of its clerks, 
announced that the Senate had passed without amendment a bill of the 
House of the following title:

H.R. 8781. An act to authorize the Secretary of the Interior to 
exchange certain lands in Shasta County, Calif., and for other 
purposes. . . .

A call of the House was ordered.
Effect of Failure of a Quorum Upon Message Received During a Call


Sec.    1.8 Where a message from the Senate is received during a call 
of the House, and the House adjourns when a quorum fails to appear on 
the call, the message is held at the Speaker's table until it next 
convenes.

On Oct. 11, 1968,(9) the following occurred on the floor of the House:

MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I move a call of the House.
A call of the House was ordered.
The Clerk called the roll. . . .
During the call of the roll messages were received from the President 
of the United States and from the Senate.
THE SPEAKER:(10) One hundred eighty-eight Members are present, not a 
quorum.
The Chair recognizes the gentleman from Oklahoma.
MR. ALBERT: Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 7 o'clock and 53 minutes 
p.m.), the House adjourned until tomorrow, Saturday, October 12, 1968, 
at 12 o'clock noon.(11) 
-------------------------------------------------------------------
 7.     114 CONG. REC. 30091, 90th Cong. 2d Sess.
 8.     John W. McCormack (Mass.).
 9.     114 CONG. REC. 30816, 30817, 90th Cong. 2d Sess.
10.     John W. McCormack (Mass.).
11.     Parliamentarian's Note: While the reception of messages from 
the President or the Senate is not the transaction of business 
requiring the presence of a quorum, if they are received during a call 
of the House, and a quorum does not appear on the call, they are not 
read until a quorum is present. In this instance, both messages were 
laid before the House when it met the following day.
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[[Page 8]]

When the House met on Oct. 12, 1968, immediately following the 
approval of the Journal, the following message was laid before the 
House.(12) 

MESSAGE FROM THE SENATE RECEIVED OCTOBER 11
A message from the Senate by Mr. Arrington, one of its clerks, 
announced that the Senate had passed with amendments in which the 
concurrence of the House is requested, a bill of the House of the 
following title: . . . 
The message also announced that the Senate had passed concurrent 
resolutions of the following titles:

S. Con. Res. 82. Concurrent resolution authorizing the President of 
the  Senate and the Speaker of the House to sign enrolled bills and
resolutions; and
S. Con. Res. 83. Concurrent resolution establishing that when the two 
Houses of Congress adjourn on Friday, October 11, 1968, they stand 
adjourned sine die.
Receipt of Senate Message After Senate Adjournment


Sec.    1.9 The House may receive a message from the Senate although 
that body may have adjourned.

On Aug. 24, 1935,(13) the House approved House Concurrent Resolution 
38, which provided that upon adjourning that night, both Houses would 
stand adjourned sine die. Subsequently, the Senate notified the House 
of the following actions relating to House Concurrent Resolution 38: 
It agreed to the concurrent resolution; it then requested the House to 
return its message of agreement to the Senate.(14) It later 
reconsidered its vote on agreement and again passed the resolution. 
Mr. James W. Wadsworth, Jr., of New York, was then recognized with a
parliamentary inquiry:

Mr. Speaker, in view of the fact the Senate has informed the House 
that it has rescinded its action in recalling from the House the 
adjournment concurrent resolution, what is the present situation?
THE SPEAKER:(15) The Chair has been informed that the Senate has taken 
a recess until Monday at 12 o'clock. The Chair will ask the House to 
take a recess for a reasonable time until the fact can be 
ascertained. . . .
A further message from the Senate, by Mr. Horne, its enrolling clerk,
announced that the Senate had ordered
---------------------------------------------------------------------
12.     114 CONG. REC. 31116, 90th Cong. 2d Sess.
13.     79 CONG. REC. 14583, 14645, 14667, 14669-71, 14673, 74th Cong. 
1st Sess.
14.     See Sec. 1.14, infra.
15.     Joseph W. Byrns (Tenn.).
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[[Page 9]]

that the secretary be directed to inform the House of Representatives 
that the Senate has reconsidered its action in agreeing to House 
Concurrent Resolution No. 38, providing for the sine die adjournment 
of the first session of the Seventy-fourth Congress.
MR. [BERTRAND H.] SNELL [of New York]: Mr. Speaker, I make a point of 
order against the message from the Senate because the Senate adjourned 
several minutes ago.
THE SPEAKER: This is a message from the Senate and can be delivered 
to the House even though the Senate has adjourned. The Chair does not
understand that a point of order lies against the reporting of a 
message from the Senate by a regularly accredited official of the 
Senate.

"Deeming Resolutions"-Use in the House

Sec.    1.10 On rare occasions, the House has anticipated legislative 
actions of the Senate and acted in futuro, deeming certain actions to 
be taken by the House if and when a message is received showing that 
the anticipated legislative acts in fact occurred. 

On Dec. 18, 1982,(16) as the House approached the end of the session, 
it was necessary to expedite the conclusion of the further continuing
appropriation bill for fiscal year 1983. The measure was still under
consideration in the Senate, but the House leadership thought it 
essential to begin the conference as quickly as possible.

APPOINTMENT OF CONFEREES ON HOUSE JOINT RESOLUTION 631, FURTHER 
CONTINUING APPROPRIATIONS, 1983

MR. [JAMES C.] WRIGHT [Jr., of Texas]: Mr. Speaker, I ask unanimous 
consent that if and when the Clerk receives a message from the Senate
indicating that that body has passed   the joint resolution (H.J. Res. 
631) with amendments, insisted upon its amend-ments and requested a 
conference with the House, that the House be deemed to have disagreed 
to the amendments of the Senate and agreed to the conference asked by 
the Senate, and that the Speaker be deemed to have appointed conferees.
THE SPEAKER:(17) Is there objection to the request of the gentleman from
Texas? The Chair hears none, and appoints the following conferees: 
Messrs. Whitten, Boland, Natcher, Smith of Iowa, Addabbo, Long of 
Maryland, Yates, Roybal, Bevill, Dicks, Ginn, Sabo, Dixon, Fazio, 
Conte, McDade, Edwards of Alabama, Myers, Robinson, Coughlin, Kemp, 
and Lewis.

When the House reconvened on Dec. 19, 1982,(18) the Speaker laid 

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16.     128 CONG. REC. 32137, 97th Cong. 2d Sess.
17.     Thomas P. O'Neill, Jr. (Mass.).
18.     128 CONG. REC. 32401, 97th Cong. 2d Sess.
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[[Page 10]]

before the House the following communication from the Clerk:

COMMUNICATION FROM THE CLERK OF THE HOUSE
THE SPEAKER: The Chair lays before the House the following communication:

WASHINGTON, D.C.,
December 19, 1982.
Hon. THOMAS P. O'NEILL, Jr.,
The Speaker, House of Representatives,
Washington, D.C.
DEAR MR. SPEAKER: Pursuant to the permission granted in the Rules of 
the House of Representatives, the Clerk received, at 3:22 p.m. on 
Sunday, December 19, 1982, the following message from the Secretary of 
the Senate: That the Senate passed with amendments H.J. Res. 631 and 
requested a conference thereon.
In accordance with action taken by the House on Saturday, December 18, 
1982, the Clerk has notified the Senate that the House disagreed to the
amendments of the Senate to H.J. Res. 631 and agreed to a conference 
thereon.
With kind regards, I am,
Sincerely,
EDMUND L. HENSHAW, Jr.,
Clerk, House of Representatives.

Parliamentarian's Note: This was the first instance where the House 
took such an action. The procedure is contrary to the principle in 
Jefferson's Manual(19) that the House should not take notice of bills 
in the other body, until the actions are communicated to the House. 
However, procedural steps such as this are used when necessary under 
the modern practice.

House Sometimes Anticipates Senate Action and Acts Before Formal 
Message Is Received

Sec.    1.11 On occasion, the House anticipates Senate action, and, 
by unanimous consent, has established the conditions for a conference 
on a House bill with Senate amendment even before the Senate has acted 
and messaged its request for a conference to the House.

The unanimous-consent request of Sept. 26, 1984,(20) made by the 
chairman of the Committee on Appropriations, Jamie L. Whit-ten, of
Mississippi, relating to House Joint Resolution 648, making continuing
appropriations for fiscal year 1985, and the Chair's anticipatory 
appointment of conferees are shown below.

MR. WHITTEN: Mr. Speaker, I ask unanimous consent that if and when 
the Clerk receives a message from the Senate indicating that that body 
has passed the joint resolution (H.J. Res.

----------------------------------------------------------------------
19.     House Rules and Manual Sec. 308 (1997).
20.     130 CONG. REC. 27341, 98th Cong. 2d Sess.
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[[Page 11]]

648) with amendments, 
insisted upon its amendments and requested a conference with the 
House, that the House be deemed to have disagreed to the amendments of 
the Senate and agreed to the conference asked by the Senate, and that 
the Speaker be deemed to have appointed conferees.
THE SPEAKER PRO TEMPORE: Is there objection to the request of the 
gentleman from Mississippi? The Chair hears none and, without objection 
in this instance, the Chair appoints the following conferees: Messrs. 
Whitten, Boland, Natcher, Smith of Iowa, Addabbo, Long of Maryland, 
Yates, Roybal, Bevill, Lehman of Florida, Dixon, Fazio, Hefner, Conte, 
McDade, Edwards of Alabama, Myers, Robinson, Coughlin, and Kemp.
There was no objection.

When the Senate finally messaged its action to the House on Oct. 5, 
1984,(1) the Speaker made a further statement for the Record, 
confirming that the action which the House had anticipated had in fact
occurred.

MESSAGE FROM THE SENATE
A message from the Senate by Mr. Sparrow, one of its clerks, announced 
that the Senate had passed with amendments in which the concurrence 
of the House is requested, bills of the House of the following titles:

H.R. 4966. An act to recognize the organization known as the Women's 
Army Corps Veterans' Association: . . . 


The message also announced that the Senate insists upon its amendments 
to the joint resolution (H.J. Res. 648) "Joint resolution making 
continuing appropriations for the fiscal year 1985, and for other 
purposes," requests a conference with the House on the disagreeing 
votes of the two Houses thereon, and appoints Mr. Hatfield, Mr. 
Stevens, Mr. Weicker, Mr. McClure, Mr. Garn, Mr. Cochran, Mr. Andrews, 
Mr. Abdnor, Mr. Kasten, Mr. D'Amato, Mr. Mattingly, Mr. Rudman, Mr. 
Specter, Mr. Domenici, Mr. Stennis, Mr. Byrd, Mr. Inouye, Mr. Hollings, 
Mr. Eagleton, Mr. Chiles, Mr. Johnston, Mr. Huddleston, Mr. Burdick, 
Mr. Leahy, Mr. DeConcini, and Mr. Bumpers to be the conferees on the 
part of the Senate.
ANNOUNCEMENT BY THE SPEAKER REGARDING HOUSE JOINT RESOLUTION 648, 
CONTINUING APPROPRIATIONS
THE SPEAKER:(2) Pursuant to the order of the House of September 26, 
1984, pertaining to the joint resolution (H.J. Res. 648) making 
continuing appropriations for the fiscal year 1985, and for other 
purposes. The House is deemed to have disagreed to the amendments of 
the Senate and agreed to the conference asked by the Senate and the 
Speaker to have appointed managers on the part of the House as 
appointed on that date.

----------------------------------------------------------------------
 1.     Id. at p. 30292.
 2.     Thomas P. O'Neill, Jr. (Mass.).
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[[Page 12]]

Reception by Committee of the Whole

Sec.    1.12 The Committee of the Whole must rise to receive messages 
from the Senate.
Parliamentarian's Note: On this occasion, Mar. 22, 1961,(3) the 
Speaker(4) wished to sign enrolled bills, prepared in advance, but 
which could not be signed by the Speaker until the message announcing 
their passage by the Senate had been received in the House. Therefore, 
the Committee of the Whole resolved itself back into the House for the
reception of the message from the Senate.

MR. [CARL] VINSON [of Georgia]: Mr. Chairman, I move the Committee do 
now rise.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker having resumed the 
chair, Mr. Elliott, Chairman of the Committee of the Whole House on 
the State of the Union, reported that that Committee, having had under
consideration the bill (H.R. 5000) to authorize certain construction at
military installations, and for other purposes, had come to no resolution
thereon.
The Speaker then recognized the Senate clerk, who delivered the 
following message.

A further message from the Senate by Mr. McGown, one of its clerks, 
announced that the Senate agrees to the report of the committee of 
conference on the disagreeing votes of the two Houses on the amendments 
of the Senate to the bill (H.R. 4510) entitled "An act to provide a 
special program for feed grains for 1961."
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on 
the amendments of the Senate to the bill (H.R. 4806) entitled "An act 
to provide for the establishment of a temporary program of extended
unemployment compensation, to provide for a temporary increase in the 
rate of the Federal unemployment tax, and for other purposes."

On motion of Mr. Vinson, the House then again resolved into the 
Committee of the Whole for further consideration of H.R. 5000.(5) 
The Committee of the Whole May Rise Informally

Sec.    1.13 Under the more modern practice in the House, the Committee
rises informally, not by motion, both to receive a message or to permit 
the Speaker to lay before

----------------------------------------------------------------------
 3.     107 CONG. REC. 4563, 87th Cong. 1st Sess.
 4.     Sam Rayburn (Tex.).
 5.     107 CONG. REC. 4563, 87th Cong. 1st Sess., Mar. 22, 1961.
----------------------------------------------------------------------


[[Page 13]]

the House an enrolled bill which has been signed 
by the Speaker.
The practice whereby the Committee of the Whole rises without a formal 
motion is recognized in Jefferson's Manual: "If a message is announced 
during a committee, the Speaker takes the chair and receives it, 
because the committee can not."(6) A formal motion that the Committee 
rise can provoke a vote in Committee, so in the modern practice the 
informal method of rising is normally employed. The proceedings of Feb. 
8, 1995, and Jan. 28, 1980, are illustrative of the current practice.
On Feb. 8, 1995,(7) the Committee rose informally to enable the Speaker 
to receive a message from the President:

THE CHAIRMAN:(8) The Committee will rise informally in order that the 
House may receive a message.
MESSAGE FROM THE PRESIDENT
The Speaker pro tempore (Mr. Lightfoot) assumed the chair.
THE SPEAKER PRO TEMPORE: The Chair will receive a message.
MESSAGE FROM THE PRESIDENT
A message in writing from the President of the United States was 
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
PARLIAMENTARY INQUIRY
MR. [MELVIN L.] WATT of North Carolina: Mr. Speaker, I have a 
parliamentary inquiry.
THE SPEAKER PRO TEMPORE: The gentleman will state his parliamentary 
inquiry.
MR. WATT of North Carolina: How can we rise out of the Committee of 
the Whole without a motion to that effect? I did not hear anybody make 
a motion. It is strictly a technical point, but there are some procedural
rules that apply in this body, I thought.
THE SPEAKER PRO TEMPORE: The Chair will inform the gentleman from North
Carolina the Committee of the Whole can rise informally just for the 
purpose of receiving a message.
MR. WATT of North Carolina: Informally.
THE SPEAKER PRO TEMPORE: Yes. A motion is not required just for the 
purpose of receiving a message.
MR. WATT of North Carolina: I thank the Chair for enlightening me.
THE SPEAKER PRO TEMPORE: The Committee will resume its sitting.

On Jan. 28, 1980,(9) there is an example of the Committee rising 
informally to lay down an enrolled bill.

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 6.     See portions of Jefferson's Manual carried in Sec.Sec. 330, 563, 
House Rules and Manual (1997).
 7.     141 CONG. REC. 4112, 104th Cong. 1st Sess.
 8.     Jim Lightfoot (Iowa).
 9.     126 CONG. REC. 888, 96th Cong. 2d Sess.
-----------------------------------------------------------------------


[[Page 14]]

THE CHAIRMAN: The Committee will rise informally in order that the 
Speaker may sign an enrolled resolution.
The Speaker resumed the chair.
THE SPEAKER:(10) The Chair lays before the House the following enrolled 
joint resolution:

H.J. Res. 478. Joint resolution to extend by 60 days the expiration 
date of the Defense Production Act of 1950.

THE SPEAKER: The Committee will resume its sitting.
One House Sometimes Asks the Other for the Return of a Message


Sec.    1.14 The Senate, by a second message, may request the return 
of an earlier message informing the House of a legislative action.

On Aug. 24, 1935,(11) the House approved and sent to the Senate House
Concurrent Resolution 38, providing for a sine die adjournment of both 
Houses of Congress at the end of the day. A short time later the House
received a message from the Senate which included the following:

The message also announced that the Senate agreed to concurrent 
resolutions of the House of the following titles:

H. Con. Res. 38. Concurrent resolution providing for the sine die a
djournment of the first session of the Seventy-fourth Congress. . . .

Still later that day the House received this message from the Senate:

A still further message from the Senate, by Mr. Horne, its enrolling 
clerk, announced that the Senate requests the House to return to the 
Senate the concurrent resolution (H. Con. Res. 38) providing for the 
sine die adjournment of the first session of the Seventy-fourth Congress.
Correcting Error in House Engrossment of House Amendment

Sec.    1.15 Where the House belatedly discovered an error in its 
amendment of a Senate bill, it adopted a resolution (by unanimous 
consent) requesting the Senate to re-turn the engrossed House amendment 
and directed the Clerk to prepare a new engrossment eliminating the 
error.
House Resolution 534, requesting the Senate to return the engrossed 
amendment of the House to S. 725, was not reported from 

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10.     Thomas P. O'Neill, Jr. (Mass.).
11.     79 CONG. REC. 14583, 14645, 14667, 74th Cong. 1st Sess.
---------------------------------------------------------------------


[[Page 15]]

a committee but was called up on the floor and considered by unanimous 
consent. The resolution and the debate explaining the necessity for this 
action are included here.(12) 

MR. [HENRY A.] WAXMAN [of California]: Mr. Speaker, I offer a 
resolution (H. Res. 534) to correct the engrossment of the amendment 
of the House of Representatives to the Senate bill (S. 725), and I 
ask unanimous consent for its immediate consideration.
The Clerk read the title of the resolution.
The text of House Resolution 534 is as follows:
H. RES. 534
Resolved,
SECTION 1. RETURN.
The Senate is requested to return to the House of Representatives the
amendment of the House to the Senate bill (S. 725).
SEC. 2. CORRECTION.
Upon the return of the House amendment to the Senate bill (S. 725), the 
Clerk of the House of Representatives shall make the following change 
in the engrossment of the House amendment: Strike section 5 and insert 
the following:
SEC. 3. STATE STANDARDS. . . . 

THE SPEAKER PRO TEMPORE:(13) Is there objection to the request of the
gentleman from California?
MR. [CARLOS J.] MOORHEAD [of California]: Mr. Speaker, reserving the 
right to object, I will not object, but I would like to request that 
the gentleman from California [Mr. Waxman] explain exactly what this
unanimous-consent request includes.
MR. WAXMAN: Mr. Speaker, will the gentleman yield?
MR. MOORHEAD: I yield to the gentleman from California.
MR. WAXMAN: Mr. Speaker, this resolution corrects the engrossment of 
S. 725, a bill passed by the House. The correction replaces two 
paragraphs of the Senate-passed bill which were inadvertently omitted 
in the House-passed version. This will correct, I think, technically 
what we all tried to accomplish.
MR. MOORHEAD: Mr. Speaker, I withdraw my reservation of objection.
THE SPEAKER PRO TEMPORE: Is there objection to the request of the 
gentleman from California?
There was no objection. The resolution was agreed to.
A motion to reconsider was laid on the table.

Parliamentarian's Note: The Senate could have amended the House 
amendment to correct the error, but this would have required a second 
House action.

Replacing Lost Official Papers

Sec.    1.16 Where the official papers are lost or destroyed, the House 
and Senate can authorize their recreation by the Clerk of the House and
Secretary of the Senate.

-----------------------------------------------------------------------
12.     See 140 CONG. REC. 24911, 24912, 103d Cong. 2d Sess., Sept. 20, 1994.
13.     Alcee L. Hastings (Fla.).
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[[Page 16]]

The concurrent resolution carried here was considered by unanimous 
consent, adopted by the House (and later by the Senate). It authorized 
the preparation of duplicate original "official papers" where the 
original ones had been misplaced in the Senate.(14) 

MR. [NORMAN Y.] MINETA [of California]: Mr. Speaker, I ask unanimous 
consent for the immediate consideration of the concurrent resolution 
(H. Con. Res. 414) directing the preparation of duplicate conference 
papers on H.R. 5930.
The Clerk read the title of the concurrent resolution.
THE SPEAKER PRO TEMPORE:(15) Is there objection to the request of the
gentleman from California?
MR. [ELLIOTT H.] LEVITAS [of Georgia]: Mr. Speaker, reserving the right 
to object, I do so for the purpose of asking the gentleman from 
California if he would explain the effect of the concurrent resolution.
MR. MINETA: Mr. Speaker, will the gentleman yield?
MR. LEVITAS: I yield to the gentleman from California.
MR. MINETA: Mr. Speaker, this concurrent resolution merely recreates 
papers which apparently have been lost. It does not approve or 
constitute approval of the conference report.
I expect to bring that conference report before the House tomorrow.
MR. LEVITAS: Further reserving the right to object, and I will not 
object, I wanted to make certain that it did not constitute approval 
of the conference report by the adoption of the concurrent resolution.
Mr. Speaker, I withdraw my reservation of objection.
THE SPEAKER PRO TEMPORE: Is there objection to the request of the 
gentleman from California?
There was no objection.
The Clerk read the concurrent resolution, as follows:
H. CON. RES. 414
Resolved by the House of Representatives (the Senate concurring), That 
the Secretary of the Senate and the Clerk of the House of 
Representatives are authorized and directed to prepare and sign 
official duplicates of the conference papers on the bill (H.R. 5930) 
to extend the aviation insurance program for five years.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

Modification of Text of Bill Agreed to by Both Houses

Sec.    1.17 Changes in the text of a bill agreed to by the two Houses 
may be made by concurrent resolution.

On Feb. 1, 1937,(16) when the House was considering the Senate 
amendments to the text of House 

-----------------------------------------------------------------
14.     128 CONG. REC. 26058, 97th Cong. 2d Sess., Sept. 29, 1982.
15.     John P. Murtha, Jr. (Pa.).
16.     81 CONG. REC. 646-48, 75th Cong. 1st Sess.
----------------------------------------------------------------


[[Page 17]]

Joint Resolution 81, creating a Joint Congressional Committee on 
Government Organization, Mr. John E. Rankin, of Mississippi, 
attempted to offer an amendment to the provisions in the 
House-passed measure.

THE SPEAKER:(17) The gentleman is not confining himself in his 
amendment to the Senate amendment, which deals only with the number of
Senators on the joint committee; but he goes further down in the 
paragraph and adds additional matter to the text, to which both Houses 
have already agreed. . . .
MR. [CLAUDE A.] FULLER [of Arkansas]: Mr. Speaker, a parliamentary inquiry.
THE SPEAKER: The gentleman will state it.
MR. FULLER: Cannot that be amended by unanimous consent?
THE SPEAKER: The only way under the rules of the House by which this 
situation could be changed would be by a concurrent resolution, agreed
to by both Houses, changing the text of the matter already passed upon 
by the House and accepted by the Senate.