[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 27. Senate Bills and Amendments; Conference Reports]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4332-4368]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS

Sec. 27. Senate Bills and Amendments; Conference Reports
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12. Id. at pp. 11302, 11303.
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    Order of business resolutions reported from the Committee on Rules 
and pertaining to Senate bills, amendments between the Houses, and 
conferences, may take a number of different forms, because of the 
possible variations in the parliamentary situation. Where it is desired 
to take up and consider a Senate-passed bill, without first considering 
and passing a similar bill introduced in the House, the Committee on 
Rules may report a resolution making in order the consideration of the 
Senate bill and providing procedures for its consideration. Such a 
resolution may provide for the consideration of a Senate bill

[[Page 4333]]

on the Speaker's table, or a Senate bill referred to and reported by a 
House committee and on the Calendar, or a Senate bill referred to 
committee and not yet reported.(13)
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13. For example, see Sec. Sec. 27.1-27.7, infra.
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    On most occasions, however, the House first considers and passes a 
bill introduced in the House, and then substitutes the text of the 
House-passed bill for the text of a similar Senate bill if previously 
messaged to the House. The language of the special order, providing for 
such a procedure, will depend on whether the Senate measure is on the 
Speaker's table or must be discharged from the House 
committee,(14) and whether the Senate bill is identical, or 
merely similar, to the House reported bill.
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14. See Sec. Sec. 27.8-27.11, infra.
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    Certain measures, such as general appropriation bills, should 
originate in the House (see Ch. 13, supra, for the prerogatives of the 
House).
    Senate amendments to a House bill usually require consideration in 
Committee of the Whole,(15) and are thus not privileged for 
consideration in the House unless the stage of disagreement has been 
reached. Likewise, House amendments to Senate bills, after passage of 
the Senate bill as amended, are not subject to disposition in the House 
by privileged motion until the stage of disagreement is reached. Such 
measures may be brought up and disposed of by unanimous consent, by 
suspension of the rules, by a resolution reported from the Committee on 
Rules, by a privileged motion sending the bill to conference by 
direction of the committee with jurisdiction,(16) or, with 
respect to Senate amendments, by the Speaker's action in referring the 
bill to a standing committee.(17)
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15. See Rule XX clause 1, House Rules and Manual Sec. 827 and Rule 
        XXIII clause 3, House Rules and Manual Sec. 865 (1979).
16. See Rule XX clause 1, House Rules and Manual Sec. 827 (1979).
17. See Cannon's Procedure in the U.S. House of Representatives, p. 117 
        (1959). The Speaker rarely makes such a reference.
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    Resolutions from the Committee on Rules may take from the Speaker's 
table House bills with Senate amendments or Senate bills with House 
amendments and direct any disposition which is desired, including 
agreeing to or requesting a conference with the Senate.(18)
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18. For taking House bill with Senate amendment from the table, see 
        Sec. Sec. 27.12-27.14, infra; for concurring in Senate 
        amendments to a House bill, see Sec. Sec. 27.15-27.20, infra; 
        for concurring with amendments, see Sec. Sec. 27.21, 27.22, 
        infra; for disagreeing to Senate amendments to House bill and 
        going to conference, see Sec. Sec. 27.23-27.26, infra; for 
        disagreeing in part, concurring in part and going to 
        conference, see Sec. 27.27, infra; for insisting upon House 
        amendment to Senate bill, see Sec. Sec. 27.28-27.30, infra; for 
        sending to conference generally, see Sec. 27.31, infra.
            For a resolution sending a bill to conference and allowing 
        the House conferees to agree to any Senate amendment, 
        notwithstanding Rule XX clause 2, House Rules and Manual 
        Sec. 829 (1979), see Sec. 27.24, infra.

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[[Page 4334]]

    Under Rule XXVIII,(19) conference reports themselves are 
privileged for consideration, after a three-day layover, but a 
resolution from the Committee on Rules may make in order the 
consideration of a conference report on the same day on which reported 
or any day thereafter, or may alter the method of 
consideration.(20) And defects in a conference report which 
would subject the report to a point of order in the House, or motions 
to be proposed on amendments reported in disagreement, which motions 
would be subject to points of order, may be cured by the provisions of 
a special order waiving points of order.(1)
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19. House Rules and Manual Sec. Sec. 909, 912, (1979).
20. See Sec. Sec. 27.32-27.35, 27.37, 27.38, infra.
 1. See Sec. Sec. 27.40-27.45. A conference report which has been 
        called up and held out of order may be brought up again under 
        the provisions of a special rule waiving points of order. See 
        Sec. 27.43, infra.
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    By analogy to the principle that the Committee on Rules may 
recommend making in order the consideration of a bill which has not 
even been introduced, the committee may recommend making in order a 
conference report where the conference committee has not yet met or 
reported.(2)
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 2. See Sec. 27.34, infra.
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    In certain situations, a conference report may be protected from a 
point of order because of the provisions of the special order which 
governed the consideration of the bill in the House. For example, 
waiving points of order against unauthorized appropriations in a bill 
being considered in the House carries over to the conference report on 
the bill, since conferees under Rule XX clause 2 are only prohibited 
from agreeing to provisions which would have been subject to a point of 
order in the House under Rule XXI clause 2 during original 
consideration of the bill. Thus, conference reports may contain the 
unauthorized provisions (or modifications thereof) originally protected 
by the waiver of points of order.(3)
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 3. See Sec. 27.36, infra.
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                            Cross References
As to bill passage procedure generally, see Ch. 24, infra.

[[Page 4335]]

As to amendments between the Houses, see Ch. 32, infra.
As to conferences and conference reports, see Ch. 33, infra.
As to suspension of the rules in relation to amendments between the 
    Houses and conference reports, see Sec. 9, 
    supra.                          -------------------

Making in Order and Providing for Consideration of Senate Bill

Sec. 27.1 Form of resolution providing for consideration in Committee 
    of the Whole of a Senate bill at the Speaker's desk (the 
    Legislative Reorganization Act of 1946) and making in order as an 
    amendment in the nature of a substitute the provisions contained in 
    a committee print previously inserted in the Congressional Record.

    The following resolution, reported from the Committee on Rules, was 
under consideration on July 25, 1946: (4)
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 4. H. Res. 717, 92 Cong. Rec. 10037, 79th Cong. 2d Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (S. 2177) to provide for increased efficiency in the 
    legislative branch of the Government, and all points of order 
    against said bill are hereby waived. That after general debate, 
    which shall be confined to the bill and continue not to exceed two 
    hours, to be equally divided and controlled by the gentleman from 
    Oklahoma, Mr. Monroney, and the gentleman from Michigan, Mr. 
    Michener, the bill shall be read for amendment under the five-
    minute rule. It shall be in order to consider without the 
    intervention of any point of order as a substitute for the bill the 
    provisions contained in the committee print of July 20, 1946, and 
    printed in the Congressional Record of July 19, 1946, page 9496, 
    and such substitute for the purpose of amendment shall be 
    considered under the five-minute rule as an original bill. At the 
    conclusion of such consideration, the Committee shall rise and 
    report the bill to the House with such amendments as may have been 
    adopted, and any Member may demand a separate vote in the House on 
    any of the amendments adopted in the Committee of the Whole to the 
    bill or committee substitute. The previous question shall be 
    considered as ordered on the bill and amendments thereto to final 
    passage without intervening motion except one motion to recommit.

    Parliamentarian's Note: The committee print of July 20, 1946, was 
the product of an informal special committee on the reorganization of 
Congress, without legislative jurisdiction.

Sec. 27.2 Form of special rule providing for the consideration of a 
    Senate bill, waiving points of order against said

[[Page 4336]]

    bill and directing that a committee substitute amendment for said 
    bill shall be considered under the five-minute rule as an original 
    bill without intervention of any point of order.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 18, 1937: (5)
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 5. 81 Cong. Rec. 9234, 75th Cong. 1st Sess.
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                            House Resolution 320

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of S. 1685, an act to provide financial assistance to the States 
    and political subdivisions thereof for the elimination of unsafe 
    and insanitary housing conditions, for the eradication of slums, 
    for the provision of decent, safe, and sanitary dwellings for 
    families of low income, and for the reduction of unemployment and 
    the stimulation of business activity, to create a United States 
    Housing Authority, and for other purposes, and all points of order 
    against said bill are hereby waived. That after general debate, 
    which shall be confined to the bill, and continue not to exceed 3 
    hours, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Banking and Currency, 
    the bill shall be read for amendment under the 5-minute rule. It 
    shall be in order to consider without the intervention of any point 
    of order the substitute committee amendment recommended by the 
    Committee on Banking and Currency now in the bill, and such 
    substitute for the purpose of amendment shall be considered under 
    the 5-minute rule as an original bill. At the conclusion of such 
    consideration the Committee shall rise and report the bill to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    the amendments thereto to final passage without intervening motion 
    except one motion to recommit with or without instructions.

Sec. 27.3 Form of resolution providing for the consideration of a 
    Senate joint resolution in the House as in the Committee of the 
    Whole and authorizing general debate prior to reading for amendment 
    under the five-minute rule.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Jan. 6, 1937: (6)
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 6. H. Res. 44, 81 Cong. Rec. 90, 75th Cong. 1st Sess. The Senate joint 
        resolution, prohibiting the exportation of arms and ammunition 
        to Spain during the Spanish Civil War, had been reported from 
        committee and referred to the Union Calendar.
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        Resolved, That upon the adoption of this resolution the House 
    as in the Committee of the Whole House on the

[[Page 4337]]

    State of the Union shall consider the joint resolution, Senate 
    Joint Resolution 3; that there shall be not to exceed 1 hour of 
    general debate to be equally divided and controlled by the chairman 
    and ranking minority member of the Committee on Foreign Affairs, 
    whereupon the joint resolution shall be read for amendment under 
    the 5-minute rule.

Sec. 27.4 By unanimous consent, the House considered a Senate bill 
    under the terms of a resolution adopted for consideration of a 
    House bill.

    On Mar. 12, 1959,(7) the House agreed to a unanimous-
consent request that it be in order to consider a Senate bill (to 
provide for the admission of the State of Hawaii into the Union) under 
the provisions of a special order adopted on a previous day, for the 
consideration of a House bill on the same subject:
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 7. 105 Cong. Rec. 4005, 86th Cong. 1st Sess.
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        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    renew my unanimous-consent request, heretofore made, that it may be 
    in order for the House to consider the bill S. 50, in lieu of the 
    bill H.R. 4221, under the terms and provisions of House Resolution 
    205 adopted yesterday by the House in relation to the Hawaiian 
    statehood bill.

        The Speaker: (8) Is there objection to the request 
    of the gentleman from Massachusetts?
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 8. Sam Rayburn (Tex.).
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        Mr. [John R.] Pillion [of New York]: Mr. Speaker, I do not 
    renew my previous objection.
        There was no objection.

Sec. 27.5 Instance where, since a private Senate bill resulting in the 
    expenditure of public funds [and thus requiring consideration in 
    the Committee of the Whole House] is not privileged and cannot be 
    taken from the Speaker's table for direct action by the House, the 
    House adopted a resolution taking the bill from the table and 
    providing for its consideration in Committee of the Whole House on 
    the state of the Union.

    On Mar. 14, 1961, the House agreed to a resolution reported from 
the Committee on Rules providing for the consideration of a private 
Senate bill on the Speaker's table: (9)
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 9. H. Res. 224, 107 Cong. Rec. 3911, 87th Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (S. 1173) to authorize the appointment of Dwight David 
    Eisenhower to the active list of the Regular Army, and for other 
    purposes. After general debate, which shall be confined to the 
    bill, and shall continue not to exceed one hour to be equally di

[[Page 4338]]

    vided and controlled by the chairman and ranking minority member of 
    the Committee on Armed Services, the bill--shall be read for 
    amendment under the five-minute rule. At the conclusion of the 
    consideration of the bill for amendment, the Committee shall rise 
    and report the bill to the House with such amendments as may have 
    been adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit.

    Parliamentarian's Note: A private Senate bill requiring 
consideration in the Committee of the Whole House, engrossed and sent 
to the House after a similar House bill has been reported and referred 
to the Private Calendar, is not privileged. A similar private House 
bill (H.R. 5174) had been reported to the House.

Sec. 27.6 The House adopted a special order taking two Senate bills 
    from the Speaker's table (where such bills required consideration 
    in Committee of the Whole); amending each bill by identical 
    amendments in the nature of a substitute; providing that each 
    Senate bill be considered as read a third time and passed; amending 
    titles of both Senate bills; providing that the House insist on 
    each amendment, request conferences with the Senate on each bill, 
    and that the Speaker appoint conferees on the part of the House to 
    attend each such conference.

    On Nov. 18, 1971, a special order was called up by direction of the 
Committee on Rules for the consideration of two Senate bills:

        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, by direction 
    of the Committee on Rules, I call up House Resolution 710 and ask 
    for its immediate consideration.
        The Clerk read the resolution as follows:

                                H. Res. 710

        Resolved, That immediately upon the adoption of its resolution 
    and without the intervention of any point of order the bills of the 
    Senate S. 2819 and S. 2820 are hereby taken from the Speaker's 
    table; that said Senate bills are hereby amended by striking out 
    all after the enacting clause of each such Senate bill and 
    inserting in lieu thereof the text of the bill H.R. 9910 as passed 
    by the House on August 3, 1971; that the said Senate bills as so 
    amended shall be considered as read a third time and passed; that 
    the title of each such Senate bill shall be amended by striking out 
    such title and inserting in lieu thereof the title of H.R. 9910; 
    that the House insists upon its amendments to each Senate bill and 
    requests conferences with the Senate, and that the Speaker appoint 
    managers on the part of the House to attend each such 
    conference.(10)
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10. 117 Cong. Rec. 42046, 42047, 92d Cong. 1st Sess.
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[[Page 4339]]

Mr. Bolling explained the purpose and unprecedented nature of the 
special order:

        Mr. Speaker, some say that this rule is without precedent. I 
    have not searched the precedents. I do not know. But I do know it 
    is a very unusual rule, and I think it deserves explanation so that 
    the Members who are interested will know what the rule does and 
    what its significance is. Those who listened to the rule will know 
    that, if the resolution is adopted by the House, the House action 
    will be as follows: The House will take two Senate bills on foreign 
    aid, one on foreign economic assistance and one on foreign military 
    assistance, from the Speaker's table. It will amend each of those 
    bills by striking out all after the enacting clause and putting in 
    each of them the text of the bill that the House debated, amended, 
    and passed on the 3rd of August 1971, and it will then send the 
    matters, the two bills, to conference.
        The resolution provides that the Speaker can appoint conferees.
        What this does, in very frank terms, is to get before a 
    conference the two Senate bills and the House-passed bill. Most of 
    you will remember that the bill passed the House, went to the 
    Senate, it was debated at length, amended and defeated. Then the 
    Senate came back with two separate bills, which were passed by very 
    substantial majorities.

    The House adopted the resolution.

Discharging Committee From Consideration of Senate Bill

Sec. 27.7 Form of resolution providing for the discharge of a House 
    committee from further consideration of a Senate bill [similar to a 
    House bill pending on the Union Calendar] and for its immediate 
    consideration under an ``open'' rule.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Mar. 17, 1970: (11)
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11. H. Res. 874, 116 Cong. Rec. 7691, 91st Cong. 2d Sess.
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        Resolved, That immediately upon the adoption of this resolution 
    the House shall resolve itself into the Committee of the Whole 
    House on the State of the Union for the consideration of the bill 
    (S. 858) to amend the Agricultural Adjustment Act of 1938 with 
    respect to wheat. After general debate, which shall be confined to 
    the bill and shall continue not to exceed one hour, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Agriculture, the bill shall be read for 
    amendment under the five-minute rule. At the conclusion of the 
    consideration of the bill for amendment, the Committee shall rise 
    and report the bill to the House with such amendments as may have 
    been adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit.

Substituting Text of House-passed Bill for Text of Senate-passed Bill

Sec. 27.8 Form of resolution providing for consideration of a

[[Page 4340]]

    House bill, and after passage discharging a House committee from 
    further consideration of a Senate bill, and making in order a 
    motion to strike out all after the enacting clause of the Senate 
    bill and inserting in lieu thereof the provisions of the House bill 
    as passed by the House.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Sept. 3, 1969: (12)
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12. H. Res. 516, 115 Cong. Rec. 24004, 24005, 91st Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 7621) to amend the Federal Hazardous Substances 
    Act to protect children from toys and other articles intended for 
    use by children which are hazardous due to the presence of 
    electrical, mechanical, or thermal hazards, and for other purposes. 
    After general debate, which shall be confined to the bill and shall 
    continue not to exceed one hour, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Interstate and Foreign Commerce, the bill shall be 
    read for amendment under the five-minute rule. It shall be in order 
    to consider the amendment in the nature of a substitute recommended 
    by the Committee on Interstate and Foreign Commerce now printed in 
    the bill as an original bill for the purpose of amendment under the 
    five-minute rule. At the conclusion of such consideration, the 
    committee shall rise and report the bill to the House with such 
    amendments as may have been adopted, and any Member may demand a 
    separate vote in the House on any amendment adopted in the 
    Committee of the Whole to the bill or committee amendment in the 
    nature of a substitute. The previous question shall be considered 
    as ordered on the bill and amendments thereto to final passage 
    without intervening motion except one motion to recommit with or 
    without instructions. After passage of H.R. 7621, the Committee on 
    Interstate and Foreign Commerce shall be discharged from the 
    further consideration of the bill S. 1689, and it shall then be in 
    order in the House to move to strike out all after the enacting 
    clause of said Senate bill and insert in lieu thereof the 
    provisions contained in H.R. 7621 as passed by the House.

    As a further example, the following resolution, reported from the 
Committee on Rules, was considered on Sept. 24, 1969:

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole House on the State of the Union for 
        the consideration of the bill (H.R. 850) to designate the 
        Desolation Wilderness, Eldorado National Forest, in the State 
        of California. After general debate, which shall be confined to 
        the bill and shall continue not to exceed one hour, to be 
        equally divided and controlled by the chairman and ranking 
        minority member of the Committee on Interior and Insular 
        Affairs, the bill shall be read for amendment under the five-
        minute

[[Page 4341]]

        rule. At the conclusion of the consideration of the bill for 
        amendment, the Committee shall rise and report the bill to the 
        House with such amendments as may have been adopted, and the 
        previous question shall be considered as ordered on the bill 
        and amendments thereto to final passage without intervening 
        motion except one motion to recommit. After the passage of H.R. 
        850, the Committee on Interior and Insular Affairs shall be 
        discharged from the further consideration of the bill S. 713, 
        and it shall then be in order in the House to move to strike 
        out all after the enacting clause of the said Senate bill and 
        insert in lieu thereof the provisions contained in H.R. 850 as 
        passed by the House.(13)
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 13. H. Res. 543, 115 Cong. Rec. 26898, 26899, 91st Cong. 1st Sess.
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Sec. 27.9 Form of resolution providing for consideration of a bill; 
    providing that after passage of the House bill, the legislative 
    committee be discharged from consideration of a similar Senate bill 
    and the House-passed language substituted as an amendment for all 
    after the enacting clause therein; and making in order a motion 
    that the House insist on its amendments to the Senate bill and a 
    request for a conference, and authorizing the Speaker to appoint 
    conferees on the part of the House.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 11, 1959: (14)
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14. H. Res. 338, 105 Cong. Rec. 15512, 86th Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill, H.R. 8342, a bill to provide for the reporting and 
    disclosure of certain financial transactions and administrative 
    practices of labor organizations and employers, to prevent abuses 
    in the administration of trusteeships by labor organizations, to 
    provide standards with respect to the election of officers of labor 
    organizations, and for other purposes, and all points of order 
    against said bill are hereby waived. After general debate, which 
    shall be confined to the bill and shall continue not to exceed six 
    hours, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Education and Labor, 
    the bill shall be read for amendment under the five-minute rule. At 
    the conclusion of the consideration of the bill for amendment, the 
    Committee shall rise and report the bill to the House with such 
    amendments as may have been adopted and the previous question shall 
    be considered as ordered on the bill and amendments thereto to 
    final passage without intervening motion except one motion to 
    recommit, with or without instructions.
        That after the passage of H.R. 8342, the Committee on Education 
    and Labor shall be discharged from the further consideration of the 
    bill, S. 1555;

[[Page 4342]]

    that it shall then be in order in the House to move to strike out 
    all after the enacting clause of said Senate bill and insert in 
    lieu thereof the provisions contained in H.R. 8342 as passed; that 
    it shall then be in order to move that the House insist upon its 
    amendment to said Senate bill S. 1555 and request a conference with 
    the Senate; and that the Speaker shall thereupon appoint the 
    conferees on the part of the House.

Sec. 27.10 The House agreed to a resolution providing for the 
    consideration of a bill reported from the Committee on Merchant 
    Marine and Fisheries, making it in order, after passage, to take 
    from the Speaker's table a similar Senate bill which, under the 
    precedents, would have fallen within the jurisdiction of the 
    Committee on Interior and Insular Affairs had it been referred to 
    committee, and to insert the House language as an amendment.

    On Sept. 23, 1969, the House agreed to a special order, called up 
by Mr. Spark M. Matsunaga, of Hawaii, by direction of the Committee on 
Rules, which resolution made in order the consideration of a bill 
reported by the Committee on Merchant Marine and Fisheries; the 
resolution also provided for the disposition of a Senate bill after 
passage of the House bill: (15)
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15. 115 Cong. Rec. 26569, 91st Cong. 1st Sess.
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                                H. Res. 544

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 12549) to amend the Fish and Wildlife 
    Coordination Act to provide for the establishment of a Council on 
    Environmental Quality, and for other purposes. After general 
    debate, which shall be confined to the bill and shall continue not 
    to exceed one hour, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Merchant 
    Marine and Fisheries, the bill shall be read for amendment under 
    the five-minute rule. At the conclusion of the consideration of the 
    bill for amendment, the Committee shall rise and report the bill to 
    the House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit. After the passage of H.R. 12549, it 
    shall be in order in the House to take from the Speaker's table the 
    bill S. 1075 and to move to strike out all after the enacting 
    clause of said Senate bill and insert in lieu thereof of provisions 
    contained in H.R. 12549 as passed by the House.

    Parliamentarian's Note: The Senate bill (S. 1075) which the

[[Page 4343]]

resolution provided for taking from the Speaker's table was properly 
within the jurisdiction of the Committee on Interior and Insular 
Affairs in the House. Accommodation had been reached in the House, 
however, in order that certain amendments would be offered to the House 
bill on behalf of the Committee on Interior and Insular Affairs.

Sec. 27.11 A resolution making in order the disposition of a Senate 
    bill on the Speaker's table after passage of a House bill reported 
    by the Committee on Post Office and Civil Service, was amended to 
    delete all reference to the Senate bill, and the Senate bill was 
    then referred to the Committee on Banking and Currency.

    On Sept. 9, 1970,(16) Mr. Spark M. Matsunaga, of Hawaii, 
offered by direction of the Committee on Rules a special order 
providing for the consideration of a House bill and providing for the 
disposition of a similar Senate bill on the Speaker's table. He offered 
an amendment recommended (but not reported) by the Committee on Rules 
deleting the provision for disposition of the Senate bill:
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16. 116 Cong. Rec. 30873, 91st Cong. 2d Sess.
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        Mr. Matsunaga: Mr. Speaker, by direction of the Committee on 
    Rules, I call up House Resolution 1046 and ask for its immediate 
    consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 1046

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole House on the State of the Union for 
        the consideration of the bill (H.R. 16542) to amend title 39, 
        United States Code, to regulate the mailing of unsolicited 
        credit cards, and for other purposes. After general debate, 
        which shall be confined to the bill and shall continue not to 
        exceed two hours, to be equally divided and controlled by the 
        chairman and ranking minority member of the Committee on Post 
        Office and Civil Service, the bill shall be read for amendment 
        under the five-minute rule. At the conclusion of the 
        consideration of the bill for amendment, the Committee shall 
        rise and report the bill to the House with such amendments as 
        may have been adopted, and the previous question shall be 
        considered as ordered on the bill and amendments thereto to 
        final passage without intervening motion except one motion to 
        recommit. After the passage of H.R. 16542, it shall then be in 
        order in the House to take from the Speaker's table the bill S. 
        721 and to move to strike all after the enacting clause of the 
        said Senate bill and insert in lieu thereof the provisions 
        contained in H.R. 16542 as passed by the House.

        The Speaker: (17) The gentleman from Hawaii is 
    recognized for 1 hour.
---------------------------------------------------------------------------
 17. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Matsunaga: Mr. Speaker, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Matsunaga: On page 2, strike out 
        all of the

[[Page 4344]]

        last sentence, beginning with ``After the passage of'' in line 
        6 and ending with the period in line 11.

    Mr. Smith's remarks on the bill explained the purpose of the 
amendment to the special order: (18)
---------------------------------------------------------------------------
 18. 116 Cong. Rec. 30874, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [H. Allen] Smith of California: Mr. Speaker, I yield myself 
    such time as I may use.
        Mr. Speaker, in the interest of saving time I will say that the 
    gentleman from Hawaii (Mr. Matsunaga) has adequately explained this 
    bill and I will extend my remarks on the rule.
        Mr. Speaker, I commend the gentleman from Illinois (Mr. 
    Erlenborn) for bringing to our attention a matter which I have been 
    more or less fussing about for the last year; that is, the language 
    which we have agreed to strike from the rule, which says that after 
    the passage of the bill, ``it shall then be in order in the House 
    to take from the Speaker's table the bil1 S. 721 and to move to 
    strike all after the enacting clause of the said Senate bill and 
    insert in lieu thereof the provisions contained in H.R. 16542 as 
    passed by the House.''
        If Members will read the second paragraph under clause 3, rule 
    XXVIII, the second paragraph has to do with precedents and they 
    will find that once this happens then the conferees can put most 
    anything in the bill they wish to, whether it is germane to 
    anything passed by the House or by the Senate, and it will come 
    back to us, and it is made in order. . . .
        Mr. [John N.] Erlenborn [of Illinois]: Mr. Speaker, I thank the 
    gentleman for yielding.
        I want to commend the gentleman from Hawaii for offering the 
    amendment which I intended to offer if the members of the Rules 
    Committee themselves did not.
        The gentleman from California (Mr. Smith) I believe has quite 
    thoroughly described the effect of the language which has been 
    stricken from the rule. If this language had been left in the rule 
    and the Senate bill were then amended by substituting the language 
    of the House bill and sent to conference, under the rules and under 
    the precedents, the conference committee would have been free to 
    put in this bill almost anything that would have been germane and 
    that could have been offered in either the House or the Senate. It 
    would not have been at all limited to the bill passed by the House 
    or passed by the Senate.
        I believe most of us have felt that the conference committee 
    had these restraints, that the conference committee could not write 
    new legislation in the conference. But in the past several years 
    there have been too many instances in which altogether new 
    legislation was written by the conference committee, and the House 
    and the Senate have had only two alternatives--to accept the new 
    legislation as written by the conference committee or to reject the 
    conference report and send the whole matter back to conference.
        I hope this will be a precedent of the House now, so that we 
    will not include this sort of language in the rules sent by the 
    Rules Committee to the House for the consideration of bills in the 
    future. Or, as suggested by the gentleman from California, that the 
    rules of the House themselves may be

[[Page 4345]]

    amended in the reorganization bill to see that the kinds of 
    restraints we all understand to be imposed upon the conference 
    committee will be imposed in the future to protect us in our 
    legislative function.

    The resolution as amended was adopted and the Senate bill was then 
referred to the Committee on Banking and Currency.
    Parliamentarian's Note: At the time of these proceedings, the 
precedents of the House indicated that where one House struck out of a 
bill of the other all after the enacting clause and inserted a new 
text, conferees could discard language occurring both in the bill and 
the substitute, and exercise broad discretion in incorporating new 
germane matter. Clause 3 of Rule XXVIII was amended Jan. 22, 1971 
(incorporating provisions of the Legislative Reorganization Act of 
1970, 84 Stat. 1140), to prohibit House conferees from agreeing to 
language in a conference report presenting topics, questions, issues, 
or propositions not committed to conference.

Taking House Bill With Senate Amendments From Table

Sec. 27.12 Form of resolution taking a House bill with the Senate 
    amendments thereto from the Speaker's table and making it in order 
    to consider the amendments in the House.

    The following resolution was under consideration on July 2, 1960: 
(19)
---------------------------------------------------------------------------
 19. H. Res. 596, 106 Cong. Rec. 15775, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this 
    resolution, the bill H.R. 12740 making supplemental appropriations 
    for the fiscal year ending June 30, 1961, and for other purposes, 
    with the Senate amendments thereto, shall be taken from the 
    Speaker's table and the Senate amendments considered in the House.

    Parliamentarian's Note: Under this procedure, motions to dispose of 
each Senate amendment are then in order and subject to separate votes 
(as if the stage of disagreement had been reached).

Sec. 27.13 Any Member may request that the Chairman of the Committee on 
    Rules call a meeting of that committee to consider reporting a 
    resolution making in order disposition from the Speaker's table of 
    a House bill, with Senate amendments that require consideration in 
    the Committee of the Whole, notwithstanding Rule XXIV clause 2.

    On Aug. 13, 1957,(20) a unanimous-consent request, to 
take
---------------------------------------------------------------------------
 20. 103 Cong. Rec. 14568, 85th Cong.1st Sess.
---------------------------------------------------------------------------

[[Page 4346]]

from the Speaker's table a House bill with Senate amendments, was 
objected to. Speaker Sam Rayburn, of Texas, then answered a 
parliamentary inquiry:

        Mr. [Kenneth B.] Keating [of New York]: Would the Speaker 
    recognize me to move to send the bill to the Rules Committee?
        The Speaker: The Chair would not. It is not necessary to do 
    that.
        Mr. Keating: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Keating: Would the Speaker advise what action is necessary 
    now in order to get the bill to the Committee on Rules?

        THE SPEAKER: Anyone can make the request of the chairman of the 
    Committee on Rules to call a meeting of the committee to consider 
    the whole matter.
        Mr. Keating: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Keating: Mr. Speaker, if that were done, would the bill 
    which is now on the Speaker's desk be before the Rules Committee?
        The Speaker: It would not be before the Committee on Rules. The 
    Committee on Rules could consider the matter of what procedure to 
    recommend to the House for the disposition of this whole matter.

Sec. 27.14 In response to a parliamentary inquiry, the Speaker pro 
    tempore stated that the Committee on Rules could report out a 
    resolution taking a House bill with Senate amendments (requiring 
    consideration in Committee of the Whole) from the Speaker's table 
    and sending it to the legislative committee of the House having 
    jurisdiction thereof.

    On the legislative day of Sept. 25, 1961, Mr. Albert Thomas, of 
Texas, asked unanimous consent to take from the Speaker's table a House 
bill making appropriations with Senate amendments thereto, disagree to 
the Senate amendments and agree to the conference asked by the Senate. 
The Senate amendments required consideration in Committee of the Whole.
    Mr. Frank T. Bow, of Ohio, reserved the right to object to the 
request and propounded parliamentary inquiries which were answered by 
Speaker pro tempore John W. McCormack, of Massachusetts:

        Mr. Bow: Mr. Speaker, inasmuch as these amendments of the 
    Senate are in the nature of charges against the Treasury of the 
    United States, I ask this parliamentary inquiry:
        Is it not then necessary under the rules and procedures as 
    found in volume 5 of the Procedure of the House of Representatives 
    that the bill be sent to the committee and then considered in the 
    Committee of the Whole before sending it to conference?

[[Page 4347]]

        The Speaker Pro Tempore: It is the opinion of the Chair that 
    the answer which the Chair gave to the first part of the 
    gentleman's parliamentary inquiry also answers this inquiry: that 
    if objection is made, the Chair would feel constrained, insofar as 
    the Chair is capable of accomplishing it, to have the bill taken 
    from the Speaker's desk and sent to conference under the rules 
    without reference to the committee.
        Mr. Bow: I thank the Chair, and withdraw my reservation.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, further reserving the 
    right to object, if the [matter] should go to the Rules Committee 
    for a rule, would it be possible for the Rules Committee to vote 
    out a rule sending the bill to a committee?
        The Speaker Pro Tempore: The answer is in the affirmative to 
    that parliamentary inquiry.(1)
---------------------------------------------------------------------------
 1. 107 Cong. Rec. 21476, 87th Cong. 1st Sess., Sept. 26, 1961 
        (Calendar Day).
---------------------------------------------------------------------------

Concurring in Senate Amendment

Sec. 27.15 Form of resolution providing that the House shall proceed to 
    consideration of Senate amendments to a House joint resolution and 
    that the motion to concur be pending, fixing debate on the motion 
    to concur and ordering the previous question.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Nov. 12, 1941: (2)
---------------------------------------------------------------------------
 2. H. Res. 334, 87 Cong. Rec. 8763, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to consider the Senate amendments to the 
    joint resolution (H.J. Res. 237) to repeal section 6 of the 
    Neutrality Act of 1939, and for other purposes; that the motion to 
    concur in the said Senate amendments shall be considered as pending 
    and that debate on said motion shall be limited to not to exceed 8 
    hours, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Foreign Affairs; and 
    that at the conclusion of such debate the previous question shall 
    be considered as ordered on the motion to concur.

    Parliamentarian's Note: This special rule precluded a preferential 
motion (to concur with an amendment) from being first offered.

Sec. 27.16 Where a resolution provides for taking a House bill with 
    Senate amendments from the Speaker's table to the end that the 
    Senate amendments are agreed to, adoption of the resolution means 
    that the House concurs in the Senate amendments.

    On Mar. 24, 1948, a special order for the disposition of busi

[[Page 4348]]

ness on the Speaker's table was called up: (3)
---------------------------------------------------------------------------
 3. 94 Cong. Rec. 3399, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Leo E.] Allen of Illinois: Mr. Speaker, I call up House 
    Resolution 510 and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That immediately upon the adoption of this 
        resolution the bill (H.R. 4790) to reduce individual income tax 
        payments, and for other purposes, with Senate amendments 
        thereto, be, and the same is hereby, taken from the Speaker's 
        table to the end that all Senate amendments be, and the same 
        are hereby, agreed to.

    Speaker Joseph W. Martin, Jr., of Massachusetts, answered a 
parliamentary inquiry as to the effect of the resolution should it be 
adopted: (4)
---------------------------------------------------------------------------
 4. Id. at p. 3413.
---------------------------------------------------------------------------

        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rayburn: As I understand the parliamentary situation, Mr. 
    Speaker, there is to be one vote only; and if the resolution is 
    agreed to, it means that the House concurs in the Senate amendments 
    to the so-called Knutson bill.
        The Speaker: The gentleman has stated the situation correctly.

Sec. 27.17 Where the House has before it a resolution providing for 
    concurrence in a Senate amendment, such Senate amendment may be 
    read by unanimous consent.

    On Mar. 31, 1950, the House had under consideration House 
Resolution 531 reported from the Committee on Rules, taking from the 
Speaker's table a House bill with Senate amendment and concurring in 
the Senate amendment. Speaker Sam Rayburn, of Texas, answered a 
parliamentary inquiry as to whether the Senate amendment could be read: 
(5)
---------------------------------------------------------------------------
 5. 96 Cong. Rec. 4553, 4554, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Leo E.] Allen of Illinois: I yield to the gentleman from 
    Illinois.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, under the 
    terms of this rule we are asked to approve an amendment which has 
    been added by the other body. Is it in order to request that that 
    amendment, which has not been read to the House, be read at this 
    time?
        The Speaker: It may be done by unanimous consent.
        Mr. Yates: Mr. Speaker, I ask unanimous consent that the 
    amendment added by the other body be read to the House at this 
    time.
        The Speaker: That will come out of the time of the gentleman 
    from Illinois [Mr. Allen].
        Mr. Allen of Illinois: I yield for that purpose, Mr. Speaker.

Sec. 27.18 In response to a parliamentary inquiry, the

[[Page 4349]]

    Speaker stated that if the previous question were voted down on a 
    resolution providing for agreeing to Senate amendments to a House 
    bill, the resolution would be open to amendment.

    On June 17, 1970,(6) the House had under consideration 
House Resolution 914 reported from the Committee on Rules, taking from 
the Speaker's table H.R. 4249 (to extend the Voting Rights Act) with 
Senate amendments, and concurring in the Senate amendments. Speaker 
John W. McCormack, of Massachusetts, answered an inquiry on the status 
of the resolution should the previous question be voted down:
---------------------------------------------------------------------------
 6. 116 Cong. Rec. 20198, 20199, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Spark M.] Matsunaga [of Hawaii]: Is my understanding 
    correct that an ``aye'' vote on House Resolution 914 is a vote to 
    agree to the Senate amendments to H.R. 4249, the Voting Rights 
    Extension Act, so that the bill may then be sent to the President 
    for his signature before the existing act expires on August 6 of 
    this year?
        The Speaker: The Chair will state to the gentleman from Hawaii 
    that while that is not a parliamentary inquiry, the statement made 
    by the gentleman from Hawaii is accurate.
        Mr. Matsunaga: I thank the Speaker.
        Mr. Speaker, I move the previous question on the resolution.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman from Michigan will state his 
    parliamentary inquiry.
        Mr. Gerald R. Ford Mr. Speaker, a ``no'' vote on the previous 
    question does give an opportunity for one of those who led the 
    fight against the resolution to amend the resolution now pending 
    before the House?
        The Speaker: The Chair will state in response to the 
    parliamentary inquiry of the gentleman from Michigan that if the 
    previous question is voted down, the resolution is open to 
    amendment. The Chair's response is the same response as given to 
    the gentleman from Hawaii.

Sec. 27.19 Where the House adopts a resolution which by its terms 
    provides for taking a House bill with Senate amendments from the 
    Speaker's table and agreeing to the Senate amendments, no further 
    action by the House is required.

    On Mar. 16, 1933, a special order reported from the Committee on 
Rules relating to the disposition from the Speaker's table of a House 
bill with Senate amendments was offered:

        Resolved, That immediately upon the adoption of this resolution 
    the bill H.R. 2820, with Senate amendments thereto, be, and the 
    same hereby is, taken from the Speaker's table to the end that all 
    Senate amendments be, and the same are hereby, agreed 
    to.(7)
---------------------------------------------------------------------------
 7. H. Res. 63, 77 Cong. Rec. 546, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 4350]]

    Speaker Henry T. Rainey, of Illinois, answered a parliamentary 
inquiry on the effect of the resolution should it be adopted:

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.

        Mr. Snell: Mr. Speaker, it would seem to me that if we adopt 
    this resolution that ends the bill and there is no further vote on 
    the bill itself.
        The Speaker: That is correct.
        Mr. Snell: I understood the gentleman from Alabama to say that 
    we would then vote for or against the bill.
        Mr. [John] McDuffie [of Alabama]: No; the gentleman from 
    Alabama was mistaken.
        Mr. Snell: If we adopt this resolution, we pass the bill.
        Mr. McDuffie: We have then concurred in the Senate amendment, 
    and, therefore, the bill is passed, so far as the House is 
    concerned.
        Mr. Snell: And there is no other vote on the bill.
        Mr. McDuffie: No other vote on the bill, as I understand it.
        The Speaker: That is correct.(8)
---------------------------------------------------------------------------
 8. Id. at p. 548.
---------------------------------------------------------------------------

Sec. 27.20 The Chair indicated in response to a parliamentary inquiry 
    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.

    On June 17, 1970, the House had under consideration a special order 
reported from the Committee on Rules taking from the Speaker's table a 
House bill with Senate amendments and concurring in the amendments (H. 
Res. 914). Speaker John W. McCormack, of Massachusetts, answered an 
inquiry on the effect of rejecting the resolution: (9)
---------------------------------------------------------------------------
 9. 116 Cong. Rec. 20199, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. [Albert W.] Watson [of South Carolina]: Mr. Speaker, if 
    this resolution is voted down then, further, it will mean we will 
    follow the orderly procedure and let this matter go to conference 
    and reconcile the differences?
        The Speaker: The Chair will state that if the resolution is 
    voted down the matter will lie on the Speaker's desk until the 
    House determines what it wants to do with the matter.

Concurring in Senate Amendment With Amendment

Sec. 27.21 Form of resolution waiving points of order against a 
    conference report on a general appropriation bill and making in 
    order a motion to recede from disagreement to any Senate

[[Page 4351]]

    amendment reported in disagreement and concur therein with an 
    amendment inserting in the proper place in the bill any or all 
    parts of the provisions of another (legislative) bill and any 
    amendments thereto, as agreed upon by the House conferees on the 
    bill on which the conference was held.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 2, 1955: (10)
---------------------------------------------------------------------------
 10. H. Res. 337, 101 Cong. Rec. 13051, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to consider the conference report on the bill H.R. 7117, 
    making appropriations for the legislative branch for the fiscal 
    year ending June 30, 1956, and for other purposes, and all points 
    of order against the conference report are hereby waived; that 
    during the consideration of the amendments of the Senate to the 
    bill H.R. 7117 reported from the conference committee in 
    disagreement it shall be in order, notwithstanding any rule of the 
    House to the contrary, to move that the House recede from its 
    disagreement to any such amendment and concur therein with an 
    amendment inserting in the proper place in the bill any or all of 
    the parts of the provisions of the bill H.R. 7440 and any 
    amendments thereto as agreed upon by the House conferees on the 
    bill H.R. 7117.

    Parliamentarian's Note: H.R. 7440 was a bill reported by the 
Committee on House Administration, authorizing salary increases for 
House employees (the Senate had amended the House bill with legislative 
language authorizing salary increases for Senate employees). The 
various provisions of H.R. 7440 would not have been germane as 
amendments to the Senate amendments, and a waiver of points of order 
was therefore necessary.

Sec. 27.22 Form of special order taking from the Speaker's table a 
    House bill with Senate amendments before the stage of disagreement; 
    disagreeing to all Senate amendments except one; providing that the 
    House immediately proceed to the consideration of the remaining 
    amendment and that in the consideration of said amendment a motion 
    to concur with a specified amendment should be in order without any 
    intervening motion.

    The following resolution, reported from the Committee on Rules, was 
under consideration on June 10, 1933: (11)
---------------------------------------------------------------------------
 11. 77 Cong. Rec. 5654, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

                            House Resolution 185

        Resolved, That immediately upon the adoption of this resolution 
    the bill H.R.

[[Page 4352]]

    5389 with Senate amendments thereto be, and the same hereby is, 
    taken from the Speaker's table; that Senate amendments Nos. 1 to 
    46, inclusive, and Senate amendment No. 48 be, and the same are 
    hereby, disagreed to; that the House shall immediately proceed to 
    the consideration of Senate amendment No. 47, and that in the 
    consideration of said Senate amendment No. 47 the following motion 
    to concur with an amendment shall be in order, and no other 
    intervening motion shall be in order until said motion is fully 
    disposed of:
        In lieu of the matter inserted by said Senate amendment No. 47 
    insert the following:

            ``The President is hereby authorized under the provisions 
        of Public Law No. 2, Seventy-third Congress, to establish such 
        number of special boards (the majority of the members of which 
        were not in the employ of the Veterans' Administration at the 
        date of enactment of this act), as he may deem necessary to 
        review all claims (where the veteran entered service prior to 
        November 11, 1918, and whose disability is not the result of 
        his own misconduct), in which presumptive service connection 
        has heretofore been granted under the World War Veterans' Act, 
        1924, as amended, wherein payments were being made on March 20, 
        1933, and which are held not service connected under the 
        regulations issued pursuant to Public Law No. 2, Seventy-third 
        Congress. Members of such boards may be appointed without 
        regard to the Civil Service laws and regulations, and their 
        compensation fixed without regard to the Classification Act of 
        1923.''.

Disagreeing to Senate Amendments, Going to Conference

Sec. 27.23 Form of resolution taking from the Speaker's table an 
    appropriation bill with Senate amendments, disagreeing to the 
    amendments, agreeing to a conference, providing that the Speaker 
    appoint conferees without intervening motion (thus precluding a 
    motion to instruct conferees) and providing that it be in order to 
    consider the conference report when reported without regard to the 
    rule requiring printing in the Record.

    The following resolution, reported from the Committee on Rules, was 
under consideration on June 30, 1951: (12)
---------------------------------------------------------------------------
 12. H. Res. 309, 97 Cong. Rec. 7538, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the joint resolution (H.J. Res. 277) making temporary 
    appropriations for the fiscal year 1952, and for other purposes, 
    with the Senate amendments thereto be, and the same hereby is, 
    taken from the Speaker's table; that the Senate amendments be, and 
    they are hereby, disagreed to by the House; that the conference 
    requested by the Senate on the disagreeing votes of the two Houses 
    on the said joint resolution be, and hereby is, agreed to by the 
    House, and that the Speaker shall imme

[[Page 4353]]

    diately appoint conferees without intervening motion.
        Sec. 2. It shall be in order to consider the conference report 
    on the said joint resolution when reported notwithstanding the 
    provisions of clause 2, rule XXVIII.

Sec. 27.24 Form of special order taking a House appropriations bill 
    with Senate amendments from the Speaker's table, disagreeing to the 
    amendments, agreeing to the conference requested by the Senate, 
    directing the Speaker to immediately appoint conferees without 
    intervening motion, and giving specific authority to the conferees 
    on the part of the House to agree or disagree to any Senate 
    amendment containing legislation or unauthorized appropriations.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Mar. 26, 1935: (13)
---------------------------------------------------------------------------
 13. H. Res. 174, 79 Cong. Rec. 4465, 74th Cong. 1st Sess. H.J. Res. 
        117 was a bill making relief appropriations.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the joint resolution, House Joint Resolution 117, with Senate 
    amendments thereto, be, and the same is hereby, taken from the 
    Speaker's table; that the Senate amendments be, and they are 
    hereby, disagreed to by the House; that the conference requested by 
    the Senate on the disagreeing votes of the two Houses on the said 
    joint resolution be, and hereby is, agreed to by the House; that 
    the Speaker shall immediately appoint managers on the part of the 
    House without intervening motion; and that the managers on the part 
    of the House are hereby given specific authority to agree, with or 
    without amendment, or disagree to any amendment of the Senate to 
    the said joint resolution notwithstanding the provisions of clause 
    2 of rule XX.

Sec. 27.25 Form of special order discharging the Committee of the Whole 
    from the further consideration of an appropriation bill with Senate 
    amendments thereto; disagreeing to all Senate amendments; agreeing 
    to a conference asked by the Senate; authorizing the Speaker 
    without any intervening motion to appoint conferees; and empowering 
    the conferees on the part of the House to agree to any Senate 
    amendment containing legislation or unauthorized appropriations.

    The following resolution was under consideration on Mar. 14, 1934: 
(14)
---------------------------------------------------------------------------
14.  78 Cong. Rec. 4509, 73d Cong. 2d Sess.

---------------------------------------------------------------------------

[[Page 4354]]

                            House Resolution 299

        Resolved, That immediately upon the adoption of this resolution 
    the Committee of the Whole House on the State of the Union be, and 
    it is hereby, discharged from the further consideration of the bill 
    H.R. 6663 and the Senate amendments thereto; that the said Senate 
    amendments be, and hereby are, disagreed to by the House; that the 
    conference requested by the Senate on the disagreeing votes of the 
    two Houses on the said bill be, and hereby is, agreed to by the 
    House; that the Speaker shall immediately appoint the conferees 
    without intervening motion; and that the conferees on the part of 
    the House are hereby given specific authority to agree, with or 
    without amendment, or disagree to any amendment of the Senate to 
    the bill H.R. 6663 notwithstanding the provisions of clause 2 of 
    rule XX.

Sec. 27.26 To a resolution providing that the House disagree to Senate 
    amendments, including an amendment directing the Committee on Ways 
    and Means of the House and Finance Committee of the Senate to 
    conduct a study of excess-profits tax legislation, and sending the 
    bill to conference, an amendment providing that the House concur in 
    such amendment with an amendment enacting excess-profits 
    legislation was held to be not germane.

    On Sept. 14, 1950,(15) a special order was called up:
---------------------------------------------------------------------------
15.  96 Cong. Rec. 14832, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I call up 
    House Resolution 842 and ask for its immediate consideration.
        The Clerk read as follows:

            Resolved, That immediately upon the adoption of this 
        resolution the bill (H.R. 8920) to reduce excise taxes, and for 
        other purposes, with Senate amendments thereto, be, and the 
        same is hereby, taken from the Speaker's table; that the Senate 
        amendments be, and they are hereby, disagreed to; that the 
        conference requested by the Senate on the disagreeing votes of 
        the two Houses on the said bill be, and hereby is, agreed to; 
        and that the Speaker shall immediately appoint conferees 
        without intervening motion.

    The previous question was rejected on the resolution, and Mr. 
Herman P. Eberharter, of Pennsylvania, offered an amendment to the 
resolution:

        Mr. Eberharter: Mr. Speaker, I offer an amendment in the nature 
    of a substitute.
        The Clerk read as follows:

            Amendment offered by Mr. Eberharter: Strike out all after 
        the word ``Resolved'' and insert in lieu thereof the following:
            ``That immediately upon the adoption of this resolution, 
        the bill H.R. 8920 with Senate amendments thereto be, and the 
        same is hereby, taken from the Speaker's table to the end--
            ``(1) That all Senate amendments other than amendment No. 
        191 be,

[[Page 4355]]

        and the same are hereby, disagreed to and the conference 
        requested thereon by the Senate is agreed to; and
            ``(2) That Senate amendment No. 191 be, and the same is 
        hereby, agreed to with an amendment as follows: In lieu of the 
        matter proposed to be inserted by the Senate insert the 
        following:
            `` `title vii--excess-profits tax
            `` `Sec. 701. Excess-profits tax applied to taxable years 
        ending after June 30, 1950.
            `` `Notwithstanding section 122(a) of the Revenue Act of 
        1945, the provisions of subchapter E of chapter 2 of the 
        Internal Revenue Code shall apply to taxable years ending after 
        June 30, 1950.
            `` `Sec. 702. Computation of tax in case of taxable year 
        beginning before July 1, 1950, and ending after June 30, 1950.' 
        ''

    Speaker Sam Rayburn, of Texas, sustained a point of order against 
the amendment, on the grounds that it was not germane to the 
resolution:

        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I make the 
    point of order against the amendment on the ground that the 
    amendment is neither germane to the resolution sought to be 
    amended, nor to the Senate amendment No. 191. The language of the 
    Senate amendment would direct the Committee on Ways and Means of 
    the House and the Finance Committee of the Senate to conduct a 
    study of excess-profits-tax legislation during the Eighty-second 
    Congress, ostensibly to report back to the House and Senate for 
    passage with a retroactive date of July 1, 1950, or October 1, 
    1950.
        The provision of the bill does not in any way attempt to 
    legislate an excess-profits tax in connection with H.R. 8920. The 
    amendment offered by the gentleman from Pennsylvania proposes an 
    excess-profits tax in connection with H.R. 8920. The amendment is a 
    specific provision for an excess-profits tax. Therefore, Mr. 
    Speaker, it seems to me that the amendment offered by the gentleman 
    from Pennsylvania is not in order, that it is not germane either to 
    the resolution before the House or to the section of the bill on 
    which the instructions are sought to be given. . . .
        Mr. Eberharter: In the first place, Mr. Speaker, this amendment 
    seeks to amend the resolution reported out by the Committee on 
    Rules. This resolution waives points of order with respect to other 
    rules of the House. Under the rules of the House when a bill comes 
    from the other body with amendments containing matter which would 
    have been subject to a point of order in the House then the 
    amendments must be considered in the Committee of the Whole. The 
    resolution reported out by the Committee on Rules seeks to waive 
    that rule.
        If a resolution reported out by the Committee on Rules can 
    waive one rule of the House, why cannot the House by the adoption 
    of a substitute resolution, which this is, waive other rules? I 
    contend, Mr. Speaker, that this substitute for the resolution 
    reported out by the Committee on Rules is just as germane and just 
    as much in order as the actual resolution reported out by the 
    Committee on Rules; they are similar. . . .
        The Speaker: The Chair is ready to rule.
        The Chair agrees with a great deal that the gentleman from 
    Pennsylvania

[[Page 4356]]

    and the gentleman from Colorado say about history, but that is not 
    the question before the Chair to decide at this time.
        It is a rule long established that a resolution from the 
    Committee on Rules providing for the consideration of a bill 
    relating to a certain subject may not be amended by a proposition 
    providing for the consideration of another and not germane subject 
    or matter.
        It is true that in Senate amendment No. 191 to the bill, which 
    came from the Senate, there is a caption ``Title VII,'' which 
    states ``Excess Profits Tax.'' But in the amendment which the 
    Senate adopted to the House bill there is no excess-profits tax.
        The Chair is compelled to hold under a long line of rulings 
    that this matter, not being germane if offered to the Senate 
    amendment it is not germane here. The Chair sustains the point of 
    order.(16)
---------------------------------------------------------------------------
16.  Id. at pp. 14841-44.
---------------------------------------------------------------------------

Disagreeing in Part, Concurring in Part. Going to Conference

Sec. 27.27 Form of special order taking a House bill with Senate 
    amendments from the Speaker's table, waiving all points of order 
    against the bill and any Senate amendment, disagreeing to a number 
    of Senate amendments, concurring in others, and agreeing to a 
    conference requested by the Senate on the amendments in 
    disagreement.

    The following resolution was under consideration on May 2, 1933: 
(17)
---------------------------------------------------------------------------
17. 77 Cong. Rec. 2693, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

                            House Resolution 124

        Resolved, That immediately upon the adoption of this resolution 
    the bill H.R. 3835 with Senate amendments thereto be, and the same 
    is hereby, taken from the Speaker's table; that all points of order 
    against said bill or Senate amendments thereto shall be considered 
    as waived; that Senate amendments nos. l to 84, inclusive, be, and 
    the same are hereby, disagreed to; that Senate amendment no. 85 be, 
    and the same is hereby, concurred in; that the conference requested 
    by the Senate on the disagreeing votes of the two Houses be, and 
    the same is hereby, agreed to.

Insisting Upon House Amendment, Going to Conference

Sec. 27.28 Form of resolution providing that the House insist upon its 
    amendment to a Senate bill, ask a conference with the Senate on the 
    disagreeing votes of the two Houses, and that the Speaker 
    immediately appoint conferees.

    The following resolution was called up under a motion to suspend 
the rules on June 18, 1948: (18)
---------------------------------------------------------------------------
18.  H. Res. 690, 94 Cong. Rec. 8829, 80th Cong. 2d Sess.

---------------------------------------------------------------------------

[[Page 4357]]

        Resolved, That the House insist upon its amendment to S. 2655, 
    ask a conference with the Senate on the disagreeing votes, and that 
    the Speaker immediately appoint conferees.

Sec. 27.29 Form of resolution taking Senate bill with House amendments 
    from Speaker's table; insisting on House amendments, and agreeing 
    to further conference.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 12, 1964: (19)
---------------------------------------------------------------------------
19.  H. Res. 818, 110 Cong. Rec. 19194, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the bill (S. 1007) to guarantee electric consumers in the Pacific 
    Northwest first call on electric energy generated at Federal 
    hydroelectric plants in that region and to guarantee electric 
    consumers in other regions reciprocal priority, and for other 
    purposes, with House amendments thereto, be, and the same is 
    hereby, taken from the Speaker's table; that the House insists on 
    its amendments to said bill and agrees to the further conference 
    requested by the Senate on the disagreeing votes thereon.

Sec. 27.30 Form of resolution taking two Senate bills from Speaker's 
    table, amending and passing such bills, insisting on such 
    amendments, and requesting a conference with the Senate.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Nov. 18, 1971: (20)
---------------------------------------------------------------------------
20. 117 Cong. Rec. 42046, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

                                H. Res. 710

        Resolved, That immediately upon the adoption of its resolution 
    and without the intervention of any point of order the bills of the 
    Senate S. 2819 and S. 2820 are hereby taken from the Speaker's 
    table; that said Senate bills are hereby amended by striking out 
    all after the enacting clause of each such Senate bill and 
    inserting in lieu thereof the text of the bill H.R. 9910 as passed 
    by the House on August 3, 1971; that the said Senate bills as so 
    amended shall be considered as read a third time and passed; that 
    the title of each such Senate bill shall be amended by striking out 
    such title and inserting in lieu thereof the title of H.R. 9910; 
    that the House insists upon its amendments to each Senate bill and 
    requests conferences with the Senate, and that the Speaker appoint 
    managers on the part of the House to attend each such conference.

Sending Bill to Conference

Sec. 27.31 In answer to a series of parliamentary inquiries, the 
    Speaker explained that: (1) where objection is raised to a 
    unanimous-consent request to send a bill to conference, the bill 
    does not automatically ``go to the Rules Com

[[Page 4358]]

    mittee'' but remains on the Speaker's table and may be sent to 
    conference by motion authorized by the standing committee under 
    Rule XX clause 1; (2) the Committee on Rules has jurisdiction over 
    resolutions providing for the disposition of Senate amendments; and 
    (3) if conferees have failed to file a report within 20 days of 
    their appointment, a motion to instruct the conferees, or discharge 
    them and appoint new ones, would be in order.

    On May 29, 1968,(1) Mr. Emanuel Celler, of New York, 
asked unanimous consent to take from the Speaker's tab]e H.R. 5037 (Law 
Enforcement and Criminal Justice Assistance Act of 1967) with a Senate 
amendment thereto, disagree to the Senate amendment and request a 
conference with the Senate. Under a reservation of the right to object, 
Mr. Richard H. Poff, of Virginia, propounded a series of parliamentary 
inquiries to Speaker John W. McCormack, of Massachusetts:
---------------------------------------------------------------------------
1. 114 Cong. Rec. 15499, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Poff: If no objection is registered to the unanimous-
    consent request, will the effect be to send the bill either to the 
    Committee on Rules or to the Committee on the Judiciary for a 
    resolution instructing the chairman of the Committee on the 
    Judiciary to make a motion that the bill go to conference?
        The Speaker: In response the Chair will say if objection is 
    made to the unanimous-consent request the bill will remain on the 
    Speaker's desk. The Committee on the Judiciary could take action to 
    authorize the chairman or any Member to make a motion to take the 
    bill from the Speaker's desk for the purpose of sending it to 
    conference. . . .
        Mr. Poff: If the motion to go to conference is not adopted by 
    the House, in such case would it be in order for the Committee on 
    Rules to report a resolution making it in order to move to recede 
    and concur?
        The Speaker: Under the rules of the House it is within the 
    authority and jurisdiction of the Committee on Rules to report a 
    resolution providing for the disposition of the Senate amendments. 
    . . .
        Mr. Poff: If the conference is appointed and has not agreed 
    within a 21-day period, will it then be in order to move to 
    discharge the House conferees?
        The Speaker: Under rule XXVIII, it would be in order to move 
    either to discharge or to instruct the managers on the part of the 
    House after 20 days.

Making in Order Consideration of Conference Reports When Reported

Sec. 27.32 Form of resolution agreeing to a conference with the Senate, 
    providing that the Speaker imme

[[Page 4359]]

    diately appoint conferees, and making in order the consideration of 
    the conference report when reported.

    The following resolution, reported from the Committee on Rules, was 
under consideration on June 30, 1951: (2)
---------------------------------------------------------------------------
2.  H. Res. 667, 97 Cong. Rec. 7538, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the joint resolution (H.J. Res. 277) making temporary 
    appropriations for the fiscal year 1952, and for other purposes, 
    with the Senate amendments thereto be, and the same hereby is, 
    taken from the Speaker's table; that the Senate amendments be, and 
    they are hereby, disagreed to by the House; that the conference 
    requested by the Senate on the disagreeing votes of the two Houses 
    on the said joint resolution be, and hereby is, agreed to by the 
    House, and that the Speaker shall immediately appoint conferees 
    without intervening motion.
        Sec. 2. It shall be in order to consider the conference report 
    on the said joint resolution when reported notwithstanding the 
    provisions of clause 2, rule XXVIII.

Sec. 27.33 Form of resolution providing that during the remainder of 
    the week it shall be in order to consider conference reports the 
    same day reported, and authorizing the Speaker to entertain the 
    motions to suspend the rules.

    The following resolution, reported from the Committee on Rules, was 
under consideration on July 25, 1956: (3)
---------------------------------------------------------------------------
 3. H. Res. 630, 102 Cong. Rec. 14456, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That during the remainder of this week it shall be in 
    order to consider conference reports the same day reported 
    notwithstanding the provisions of clause 2, rule XXVIII; that it 
    shall also be in order during the remainder of this week for the 
    Speaker at any time to entertain motions to suspend the rules, 
    notwithstanding the provisions of clause 1 rule XXVII.

Sec. 27.34 The Committee on Rules may report to the House a resolution 
    making in order the consideration of a conference report which has 
    not yet been submitted to the House.

    On many occasions, the Committee on Rules has reported resolutions 
making in order the consideration of conference reports on the same day 
reported. For example, on July 25, 1956, the House adopted a resolution 
from the Committee on Rules providing as follows:

        Resolved, That during the remainder of this week it shall be in 
    order to consider conference reports the same day reported 
    notwithstanding the provisions of clause 2, rule XXVIII; that it 
    shall also be in order during the re

[[Page 4360]]

    mainder of this week for the Speaker at any time to entertain 
    motions to suspend the rules, notwithstanding the provisions of 
    clause 1, rule XXVII.(4)
---------------------------------------------------------------------------
 4. H. Res. 630, 102 Cong. Rec. 14456, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

    On June 30, 1951, the House adopted a resolution from the Committee 
on Rules which not only provided for a conference on an appropriation 
bil1 but also provided for the consideration of the conference report 
when reported:

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, by direction 
    of the Committee on Rules I submit a privileged report (H. Res. 
    309, Rept. No. 667) and ask for its immediate consideration.

            Resolved, That immediately upon the adoption of this 
        resolution the joint resolution (H.J. Res. 277) making 
        temporary appropriations for the fiscal year 1952, and for 
        other purposes, with the Senate amendments thereto be, and the 
        same hereby is, taken from the Speaker's table; that the Senate 
        amendments be, and they are hereby, disagreed to by the House; 
        that the conference requested by the Senate on the disagreeing 
        votes of the two Houses on the said joint resolution be, and 
        hereby is, agreed to by the House, and that the Speaker shall 
        immediately appoint conferees without intervening motion.
            Sec. 2. It shall be in order to consider the conference 
        report on the said joint resolution when reported 
        notwithstanding the provisions of clause 2, rule 
        XXVIII.(5)
---------------------------------------------------------------------------
 5. 97 Cong. Rec. 7538, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 27.35 Notwithstanding the adoption by the House of a resolution 
    making in order the consideration of conference reports on the day 
    reported (on that day), the Speaker indicated, in response to a 
    parliamentary inquiry, that legislative history which prompted the 
    Committee on Rules to meet and report that, resolution restricted 
    his authority to recognize Members to call up three designated 
    reports.

    On Oct. 18, 1972,(6) Mr. William M. Colmer, of 
Mississippi, called up by direction of the Committee on Rules House 
Resolution 1168, providing for the consideration, on a certain day, of 
any reports from the Committee on Rules and any conference reports 
reported on that day. Mr. Colmer explained that the resolution was a 
product of an informal leadership agreement of the preceding day.
---------------------------------------------------------------------------
 6. 118 Cong. Rec. 37063, 37064, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

    Speaker Carl Albert, of Oklahoma, then answered parliamentary 
inquiries on his exercise of the power of recognition under the 
resolution:

        Mr. [Peter W.] Rodino [Jr., of New Jersey]: Mr. Speaker, under 
    the resolution just agreed to, would it be in order for the House 
    to consider the conference report when it is ready on S. 2087, 
    Omnibus Crime Control and Safe

[[Page 4361]]

    Streets Act of 1968, benefits to survivors of police officers 
    killed in line of duty, which was agreed upon and which was filed 
    yesterday?
        The Speaker: The Chair must answer the gentleman in accordance 
    with the language which the Chair used when this matter was before 
    the House on yesterday. At that time the Chair stated, and no 
    specific reference was made to any bill because it has been 
    informally mentioned to the Members who were seeking the rule, that 
    this rule would not be used for any other bill except those dealing 
    with three items. Under that interpretation it would be in order to 
    bring those conference reports up on the day on which they were 
    filed. As the Chair understands his own language and his own 
    informal agreement, which was a part of the history, the Chair 
    would very much like to recognize the gentleman, but the Chair 
    feels constrained to hold that the legislative history restricts 
    all action under House Resolution 1168 to three measures, the 
    highway bill, the debt ceiling bill, and the continuing resolution.
        Mr. Rodino: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rodino: Mr. Speaker, referring again to the rule adopted, 
    was not the language strictly stated, and this is the language that 
    I heard stated, the language referred to in the course of debate 
    notwithstanding legislative history of yesterday, to consider 
    conference reports the same day reported, notwithstanding the 
    provisions of clause 2, rule XXVIII?
        The Speaker: The gentleman is referring to three conference 
    reports which precipitated the action which brought into existence 
    this resolution.
        The Chair would like to recognize the gentleman, but the Chair 
    feels that its own promise is at stake here.
        The Chair will try to find some other method of recognizing the 
    gentleman. The Chair does not feel that in good faith or in good 
    conscience it can recognize the gentleman under the circumstances. 
    . . .
        The Chair feels constrained to say--and the Chair hates to make 
    a statement from the Chair on issues like this--it was suggested 
    these three bills which the Chair has mentioned be listed in the 
    resolution. The Chair said that was not necessary; that was the 
    understanding, and it would simply complicate the resolution by 
    naming the three bills. That is what happened.
        The Chair recognizes that had it not been for that 
    understanding and legislative history, which is in the Record, this 
    would have been eligible under the clear language of the 
    resolution.
        The Chair would gladly recognize the gentleman for a unanimous-
    consent request to bring it up now.

Unauthorized Appropriations in Conference Report Protected by Special 
    Order Waiving Points of Order Against House Bill

Sec. 27.36 Where an appropriation bill is considered in the House under 
    a rule waiving points of order against a provision therein which is 
    unauthorized by law, and the Senate then amends the unau

[[Page 4362]]

    thorized provision, reducing the sum of money involved and striking 
    out a portion of the language, conferees may (without violating the 
    provisions of Rule XX clause 2) agree to a sum between the two and 
    restore the House language.

    On Dec. 20, 1969, Mr. Otto E. Passman, of Louisiana, called up a 
conference report on H.R. 15149, making appropriations for foreign 
assistance for fiscal 1970. The House had originally considered the 
bill on Dec. 9, 1969, pursuant to a special order from the Committee on 
Rules (H. Res. 742) which waived all points of order against the bill. 
The resolution had been reported and adopted since many items in the 
Foreign Assistance Appropriations Act were unauthorized by law (the 
authorization not having been enacted into law) and therefore in 
violation of Rule XXI clause 2.(7)
---------------------------------------------------------------------------
 7. For the special order and its adoption, see 115 Cong. Rec. 37948, 
        91st Cong. 1st Sess., Dec. 9, 1969.
---------------------------------------------------------------------------

    Parliamentarian's Note: Where a special rule in the House waives 
points of order against portions of an appropriation bill which are 
unauthorized by law, and the bill passes the House with those 
provisions included therein and goes to conference, the conferees may 
report back their agreement to those provisions (and Senate 
modifications thereof) even though they remain unauthorized, since 
waiver of points of order under Rule XXI clause 2, carries over to the 
consideration of the same provisions when the conference report is 
before the House.
    When the conference report was called up on Dec. 20, Speaker John 
W. McCormack, of Massachusetts, overruled two points of order against 
the conference report, since the waiver of points of order during the 
original consideration of the bill carried over to provisions in the 
conference report protected by the resolution: (8)
---------------------------------------------------------------------------
 8. Id. at pp. 40445-48.
---------------------------------------------------------------------------

        Mr. Passman: Mr. Speaker, 1 can up the conference report on the 
    bill (H.R. 15149) making appropriations for foreign assistance and 
    related programs for the fiscal year ending June 30, 1970, and for 
    other purposes, and ask unanimous consent that the statement of the 
    managers on the part of the House be read in lieu of the report. . 
    . .
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, I make a 
    point of order against that portion of the conference report which 
    provides funds for the purchase of planes for the Republic of China 
    on the ground that it is an appropriation that is not authorized by 
    law.
        I read from the conference report on the authorization bill 
    which appears in

[[Page 4363]]

    the Congressional Record of December 18 on page 39841 relating to 
    the military assistance, section 504 of the act.

        The House bill authorized a total of $454,500,000 for military 
    assistance of which $350,000,000 was for worldwide allocation; 
    $50,000,000 for Korea; $54,500,000 for the Republic of China.
        The Senate amendment authorized a total of $325,000,000 without 
    any allocation to specified countries.
        The managers on the part of the House agreed to the 
    authorization of $350,000,000 without specifying any country 
    allocation. They found it impossible to obtain agreement to a 
    larger total for military assistance and believe that any specific 
    additional allocation for Korea or for the Republic of China would 
    result in a drastic curtailment of the worldwide authorization 
    which would be detrimental to our national security.
        So in the basic law, in the authorization law there is no 
    allocation specifically of funds for any country and I suggest that 
    the appropriation of funds in a specific amount for military 
    assistance to a particular country is without authorization of law. 
    . . .
        Mr. Passman: Mr. Speaker, may I be heard further on the point 
    of order?
        Mr. Speaker, it is my understanding that the lateness of the 
    so-called authorization bill, which does not exist in fact, as yet, 
    and the very fact that the majority leader of the other body said 
    there would be no authorization bill, and the chairman of the 
    Foreign Relations Committee said there would be no authorization 
    bill, made it necessary for us to move this bill through the 
    Appropriations Committee, the Rules Committee, and the Rules 
    Committee gave us a rule waiving points of order. We have moved the 
    bill, as I understand it, according to the rules of the House, and 
    this appropriation bill became an authorization bill also, in the 
    absence of any authorization act. Even at this late hour we still 
    do not have an authorization bill because the conference report on 
    the authorization bill was only adopted yesterday by both Houses 
    and has not yet reached the President for his signature. . . .
        The Speaker: The Chair can only rule upon the point of order 
    which is made, and the Chair is prepared to rule.
        The gentleman from Illinois has raised a point of order against 
    the conference report on the bill H. R. 15149.
        The Chair is aware of the fact pointed out by the gentleman 
    from Illinois--that the authorization bill for fiscal 1970, while 
    passed by both Houses, has not yet become law. As pointed out in 
    the debate on this point of order, the conference report now before 
    the House does carry an amount for military assistance that is 
    $54,500,000 above the figure which would be authorized by H.R. 
    14580, the Foreign Assistance Act of 1969.
        However, the Chair recalls that when this appropriation bill 
    passed the House, it was considered under a rule waiving points of 
    order. The House agreed to a total figure for military assistance 
    of $454,500,000. The Senate reduced this figure to $350 million. 
    The conferees have reached an agreement between these two amounts, 
    as they had the authority to do.
        The Chair holds that the conferees have not exceeded their 
    authority and overrules the point of order. . . .

[[Page 4364]]

        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I make a point of 
    order against consideration of the conference report in toto.
        The Speaker: The gentleman will state his point of order.
        Mr. Gross: Mr. Speaker, I make a point of order against 
    consideration of the conference report on the basis that none of 
    the appropriations contained in the bill H.R. 15149 have been 
    authorized by law.
        Mr. Passman: May I be heard on that, Mr. Speaker?
        The Speaker: Of course, the Chair will hear the gentleman.
        Mr. Passman: It is my understanding that the Chair just ruled 
    on that specific point a moment ago. I ask for a ruling, Mr. 
    Speaker.
        The Speaker: The Chair will state that it overrules the point 
    of order made by the gentleman from Iowa (Mr. Gross), on the ground 
    that the special rule waived points of order against the provisions 
    of the House bill.

Consideration of Conference Reports

Sec. 27.37 Form of resolution providing for consideration of a 
    conference report, fixing debate thereon at four hours, and 
    providing that the previous question be considered as ordered at 
    expiration of debate.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Feb. 8, 1938: (9)
---------------------------------------------------------------------------
 9. H. Res. 416, 83 Cong. Rec. 1645, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of the conference 
    report on the bill H.R. 8505, an act to provide for the 
    conservation of national soil resources and to provide an adequate 
    and balanced flow of agricultural commodities in interstate and 
    foreign commerce, and for other purposes; that all points of order 
    against said conference report are hereby waived; and that after 
    debate on said conference report, which may continue not to exceed 
    4 hours, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Agriculture, the 
    previous question shall be considered as ordered on agreeing to the 
    conference report.

Sec. 27.38 Form of special order providing for the consideration of two 
    conference reports on the same bill together, for the purposes of 
    debate and vote.

    The following resolution, reported from the Committee on Rules, was 
under consideration on June 14, 1930: (10)
---------------------------------------------------------------------------
10. H. Res. 253, 72 Cong. Rec. 10694, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That for the purpose of the vote and debate the two 
    conference reports on the bill H.R. 2667 shall be considered as one 
    report. The reading of the two reports shall be waived, and the 
    statements of the managers on the part of the House shall be read 
    in lieu thereof. There shall be three hours of debate, which shall 
    be confined to the

[[Page 4365]]

    reports, to equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means. In the 
    consideration of the reports all points of order shall be waived. 
    At the conclusion of debate the previous question shall be 
    considered as ordered on the adoption of the reports.

Sec. 27.39 Adoption of a special order providing for the consideration 
    of two conference reports together for the purposes of debate and 
    vote suspends the rule providing for the division of the question.

    On June 14, 1930, the House adopted House Resolution 253, reported 
from the Committee on Rules, providing that two conference reports on 
the same bill be considered together. The rule provided for three hours 
of debate on the reports and provided that at the conclusion of debate 
the previous question be considered as ordered on the adoption of the 
reports. Speaker Nicholas Longworth, of Ohio, answered a parliamentary 
inquiry as to the effect of the special order on voting on the reports:

        Mr. [Charles R.] Crisp [of Georgia]: The rule as reported 
    provides that for the purpose of vote and debate the two conference 
    reports on the bill shall be considered as one report. Section 774 
    of the rules of the House provides:

            On the demand of any Member, before the question is put, a 
        question shall be divided if it include propositions so 
        distinct in substance that one being taken away a substantive 
        proposition shall remain.

        This rule provides that the two conference reports, each one 
    distinct and substantive, shall be considered as one report. Now, 
    my inquiry is: Does that take away the right of any Member to ask 
    for a division and a separate vote on the two conference reports?
        The Speaker: The Chair thinks that if the resolution is adopted 
    by a majority, that suspends the rule quoted by the gentleman for 
    today in connection with this bill.(11)
---------------------------------------------------------------------------
11. 72 Cong. Rec. 10694, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: Conferees filed two conference reports on 
this bill on June 13, 1930 (H. Rept. 1892 and H. Rept. 1893). One 
report dealt with certain of the many numbered Senate amendments, and 
the second dealt with the others. In current practice, only one 
conference report is filed per conference, to dispose of, or to report 
in disagreement on, all the amendments in disagreement.

Waiving Points of Order Against Conference Reports and Motions on 
    Amendments in Disagreement

Sec. 27.40 Form of resolution reported from the Committee on Rules, 
    waiving points of

[[Page 4366]]

    order against a conference report where House conferees had: (1) 
    included provisions beyond the scope of the differences between the 
    House bill and Senate amendment in the nature of a substitute; (2) 
    agreed to an appropriation in the Senate amendment; and (3) agreed 
    to certain nongermane provisions therein.

    The following resolution, reported from the Committee on Rules, was 
under consideration on July 27, 1972: (12)
---------------------------------------------------------------------------
12. H. Res. 1057, 118 Cong. Rec. 25822, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to consider the conference report on the bill (H.R. 12931) 
    to provide for improving the economy and living conditions in rural 
    America, and all points of order against the conference report for 
    failure to comply with the provisions of clauses 2 and 3, rule XX 
    and clause 3, rule XXVIII are hereby waived.

Sec. 27.41 Form of resolution waiving all points of order against a 
    conference report.

    The following resolution, reported from the Committee on Rules, was 
under consideration on July 31, 1963: (13)
---------------------------------------------------------------------------
13.  H. Res. 453, 109 Cong. Rec. 13816, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to consider the conference report on the bill, H.R. 5207, 
    to amend the Foreign Service Buildings Act, 1926, to authorize 
    additional appropriations, and for other purposes, and all points 
    of order against the conference report are hereby waived.

Sec. 27.42 Form of resolution waiving all points of order against the 
    consideration of a conference report (where conferees had exceeded 
    the scope of their authority in violation of Rule XXVIII clause 3).

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 3, 1973: (14)
---------------------------------------------------------------------------
14. H. Res. 517, 119 Cong. Rec. 28089, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to consider the conference report on the bill (S. 502) to 
    authorize appropriations for the construction of certain highways 
    in accordance with title 23 of the United States Code, and for 
    other purposes, and all points of order against said conference 
    report are hereby waived.

Sec. 27.43 Form of special order making in order the consideration of, 
    and waiving points of order against, a conference report previously 
    ruled out on a point of order.

    The following resolution, reported from the Committee on

[[Page 4367]]

Rules, was under consideration on May 9, 1933: (15)
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15. H. Res. 136, 77 Cong. Rec. 3060, 73d Cong. 1st Sess. The conference 
        report had been previously held out of order because the 
        conferees had agreed to certain matter not committed to 
        conference.
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        Resolved, That notwithstanding the previous action of the House 
    relative to the conference report on the disagreeing votes of the 
    two Houses on the bill H.R. 3835, immediately upon the adoption of 
    this resolution the House shall consider said conference report 
    without the intervention of points of order against the same.

Sec. 27.44 Form of resolution making in order a conference report and 
    making in order and waiving points of order against a motion to 
    recede and concur in a designated Senate amendment, reported in 
    disagreement, with an amendment (constituting legislation on 
    approriation bill).

    The following resolution, reported from the Committee on Rules, was 
under consideration on Dec. 23, 1963: (16)
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16. H. Res. 600, 109 Cong. Rec. 25495, 88th Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to consider without the intervention of any point of order 
    the conference report on the bill (H.R. 9499) making appropriations 
    for foreign aid and related agencies for the fiscal year ending 
    June 30, 1964, and for other purposes, and that during the 
    consideration of the amendment of the Senate numbered 20 to the 
    bill, it shall be in order to consider, without the intervention of 
    any point of order, a motion by the Chairman of the Managers on the 
    part of the House to recede and concur in said Senate amendment 
    numbered 20 with an amendment.

Sec. 27.45 Form of resolution waiving points of order against a 
    conference report and making in order a motion to recede from 
    disagreement to a Senate amendment and concur therein with an 
    amendment inserting in the proper place in the bill any or all 
    parts of the provisions of another bill and any amendments thereto, 
    as agreed upon by the House conferees on the bill on which the 
    conference was had.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 2, 1955: (17)
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17. H. Res. 337, 101 Cong. Rec. 13051, 84th Cong. 1st Sess. The bill 
        H.R. 7440 was a bill reported from the Committee on House 
        Administration, providing for increased salaries of certain 
        employees of the House.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to

[[Page 4368]]

    consider the conference report on the bill H.R. 7117, making 
    appropriations for the legislative branch for the fiscal year 
    ending June 30, 1956, and for other purposes, and all points of 
    order against the conference report are hereby waived; that during 
    the consideration of the amendments of the Senate to the bill H.R. 
    7117 reported from the conference committee in disagreement it 
    shall be in order, notwithstanding any rule of the House to the 
    contrary, to move that the House recede from its disagreement to 
    any such amendment and concur therein with an amendment inserting 
    in the proper place in the bill any or all of the parts of the 
    provisions of the bill H.R. 7440 and any amendments thereto as 
    agreed upon by the House conferees on the bill H.R. 7117.