    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 259-268]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                    SEC. XLV.--AMENDMENTS BETWEEN THE HOUSES.

    [[Page 260]]
    less. 3 Hats., 268, 270. The term of insisting, we are told by Sir John
    Trevor, was then (1679) newly introduced into parliamentary usage by the
    Lords. 7 Grey, 94. It was certainly a happy innovation, as it multiplies
    the opportunities of trying modifications which may bring the Houses to
    a concurrence. Either House, however, is free to pass over the term of
    insisting, and to adhere in the first instance; 10 Grey, 146; but it is
    not respectful to the other. In the ordinary parliamentary course there
    are two free conferences, at least, before an adherence. 10 Grey, 147.

    Sec. 521. Parliamentary principles as to
    disagreeing, insisting, and adhering.

      When either  House, e.g., the House of
    Commons, send a bill to the other, the other may pass it with
    amendments. The regular progression in this case is, that the Commons
    disagree to the amendment; the Lords insist on it; the Commons insist on
    their disagreement; the Lords adhere to their amendment; the Commons
    adhere to their disagreement. The term of insisting may be repeated as
    often as they choose to keep the question open. But the first adherence
    by either renders it necessary for the other to recede or adhere also;
    when the matter is usually suffered to fall. 10 Grey, 148. Latterly,
    however, there are instances of their having gone to a second adherence.
    There must be an absolute conclusion of the subject somewhere, or
    otherwise transactions between the Houses would become end

      The House of Representatives and the Senate follow the principles set
    forth in this paragraph of the parliamentary law, and sometimes dispose
    of differences without resorting to conferences (V, 6165).

    Sec. 522. Insisting and adhering in the practice of
    the House.

      Where both  Houses insist and neither ask a conference nor recede, the
    bill fails (V, 6228). Where both Houses adhere, the bill fails (V, 6163,
    6313, 6324, 6325) even though the difference may be over a very slight
    amendment (V, 6233-6240). In rare instances in Congress there have been
    immediate adherences on the first disagreement (V, 6303); but this does
    not preclude the granting of the request of the other House for a
    conference (V, 6241-6244). Sometimes the House recedes from its
    disagreement as to certain amendments and adheres as to others (V,
    6229). A House having adhered may at the next stage vote to further
    adhere (V, 6251). Sometimes the House has receded from adherence (V,
    6252, 6401) or reconsidered its action of adherence (V, 6253), after
    which it has agreed to the amendment with or without amendment (V, 6253,
    6401).

    [[Page 261]]

    Sec. 523. Parliamentary law as to receding.

      Either House  may
    recede from its amendment and agree to the bill; or recede from their
    disagreement to the amendment, and agree to the same absolutely, or with
    an amendment; for here the disagreement and receding destroy one
    another, and the subject stands as before the disagreement. Elysnge, 23,
    27; 9 Grey, 476.

    Sec. 524. Practice of the House as to receding from its
    own amendment to a bill of the other House.

      In the  practice of the two
    Houses of Congress the motion is to recede from the amendment without at
    the same time agreeing to the bill, for the bill has already been passed
    with the amendment, and receding from the amendment leaves the bill
    passed (V, 6312). But where the House has previously concurred in a
    Senate amendment with an amendment, the House does not by receding from
    its amendment agree to the Senate amendment, since the House may then
    (1) concur in the Senate amendment or (2) concur in the Senate amendment
    with another amendment (VIII, 3199; Oct. 12, 1977, pp. 33448-54). The
    House may not through one motion, however, recede from its amendment
    with an amendment (V, 6212; see Sec. 526, infra). A motion in the House
    to recede from a House amendment to a Senate amendment, and concur in
    the Senate amendment, is divisible (VIII, 3199). One House has receded
    from its own amendment after the other House had returned it concurred
    in with an amendment (V, 6226). But this has been held not sufficient to
    pass the bill without further action by House which has concurred with
    an amendment (VIII, 3177; June 26, 1984, pp. 18733-34).

      Where one House has receded from an amendment, it may not at a
    subsequent stage recall its action in order to form a new basis for a
    conference (V, 6251). Sometimes one House has receded from its amendment
    although it had previously insisted and asked a conference which had
    been agreed to (V, 6319). After the Senate has amended a House amendment
    it is not proper for the House to recede from its amendment directly,
    but the Senate may recede from its amendment and then the House recede
    from its amendment (Speaker Reed, June 12, 1890, p. 5981). The motion to
    recede takes precedence over the motion to insist and ask a conference
    (V, 6270).

    Sec. 525. Practice of the House as to receding
    from disagreement to amendment of the other House.

      By receding  from its
    disagreement to an amendment of the Senate the House does not thereby
    agree to it (V, 6215); but the Senate amendment is then open to
    amendment precisely as before the original disagreement (V, 6212-6214).
    The stage of disagreement having been reached, the motion to recede and
    concur takes precedence of the motion to recede and concur with an
    amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to recede
    and concur is divisible (VIII, 3199) and being divided and the House
    having receded, a motion to amend has precedence of the motion to concur
    (V, 6209-6211; VIII, 3198), even after the previous question is ordered
    on both motions before being divided (Feb. 12, 1923, p. 3512).

    [[Page 262]]
    concur, a motion to amend is not in order (V, 5488); but where the
    previous question has been demanded on a motion to insist, a motion to
    recede and concur has been admitted (V, 6208, 6321a).

      The motion to recede and concur in a Senate amendment with an
    amendment takes precedence of a motion to insist further on the House's
    disagreement to the Senate amendment (V, 6224; VIII, 3204), and a motion
    to lay certain amendments on the table (Speaker Longworth, Jan. 24,
    1927, p. 2165). It has been held that after the previous question has
    been moved on a motion to adhere, a motion to recede may not be made (V,
    6310); and after the previous question is demanded or ordered on a
    motion to

    Sec. 526. One House not to recede from its own
    amendment with an amendment; or depart from form fixed by
    adherence.

      But the  House can not recede from or insist on its own amendment,
    with an amendment; for the same reason that it can not send to the other
    House an amendment to its own act after it has passed the act. They may
    modify an amendment from the other House by ingrafting an amendment on
    it, because they have never assented to it; but they can not amend their
    own amendment, because they have, on the question, passed it in that
    form. 9 Grey, 363; 10 Grey, 240. In Senate, March 29, 1978. Nor where
    one House has adhered to their amendment, and the other agrees with an
    amendment, can the first House depart from the form which they have
    fixed by an adherence.

    [[Page 263]]

      In the case of a money bill, the Lord's proposed amendments become, by
    delay, confessedly necessary. The Commons, however, refused them as
    infringing on their privilege as to money bills; but they offered
    themselves to add to the bill a proviso to the same effect, which had no
    coherence with the Lords' amendments; and urged that it was an expedient
    warranted by precedent, and not unparliamentary in a case become
    impracticable, and irremediable in any other way. 3 Hats., 256, 266,
    270, 271. But the Lords refused, and the bill was lost. 1 Chand., 288. A
    like case, 1 Chand., 311. * * *

      In the House of Representatives it is a recognized principle that the
    House may not recede from its own amendments with an amendment (V, 6216-
    6218). The House may not amend its own amendment to a Senate amendment
    to a House bill (Mar. 16, 1934, p. 4685). However, the stage of
    disagreement having been reached on a House amendment to a Senate
    amendment to a House proposition, the House may first recede from its
    amendment and, having receded, may then concur in the Senate amendment
    with a different amendment without violating this paragraph (Speaker
    O'Neill, Oct. 12, 1977, pp. 33448-54).

    Sec. 527. Text to which both Houses have agreed
    not to be changed.

      * * * So the  Commons resolved that it is unparliamentary to
    strike out, at a conference, anything in a bill which hath been agreed
    and passed by both Houses, 6 Grey, 274; 1 Chand., 312.

      The practice of the two Houses has confirmed this principle of the
    parliamentary law and established the rule that managers of a conference
    may not change the text to which both Houses have agreed (V, 6417, 6418,
    6420; VIII, 3257; see clause 3 of rule XXVIII), and neither House,
    alone, may empower the managers by instruction to make such a change (V,
    6388). In the earlier practice, when it was necessary to change text
    already agreed to, the managers appended a supplementary paragraph to
    their report, and this was agreed to by unanimous consent in the two
    Houses (V, 6433-6436); or the two Houses agreed to a concurrent
    resolution giving the managers the necessary powers (V, 6437-6439; Dec.
    17, 1974, p. 40472). Under the current practice the House considers a
    conference report that changes text already agreed to by unanimous
    consent, under suspension of the rules, or by report from the Committee
    on Rules waiving clause 3 of rule XXVIII.

      To change text finally agreed to by both Houses, each House may adopt
    a concurrent resolution directing the Clerk of the House or the
    Secretary of the Senate to correct the enrollment. Such a concurrent
    resolution may be considered by unanimous consent, under suspension of
    the rules, or by report from the Committee on Rules.

    [[Page 264]]

    <>   A motion to amend an amendment from the
    other House takes precedence of a motion to agree or disagree.

      The further principle has been established in practice of the House of
    Representatives that it may not, even by unanimous consent (V, 6179),
    change in the slightest particular (V, 6181) the text to which both
    Houses have agreed (V, 6180; VIII, 3257). And this prohibition extends,
    also, to a case wherein it is proposed to add a new section at the end
    of a bill which has passed both Houses (V, 6182).

      This is the rule of the House of Representatives where the stage of
    disagreement has not been reached (V, 6164, 6169-71; VIII, 3202), or
    when the House has receded from its disagreement to the amendment in
    question (VIII, 3196, 3197, 3203). The following discussion summarizes
    the precedence and consideration of motions to dispose of Senate or
    House amendments in contemporary practice.

    Sec. 528a. Consideration of Senate or House
    Amendments.

      When Senate  amendments are before the House for the first time, or
    when the Senate has returned a bill with House amendments to which it
    has disagreed (and on which the House has not insisted), no privileged
    motion is in order in the House except a motion pursuant to clause 1 of
    rule XX, made by direction of the committee with subject-matter
    jurisdiction, to disagree to the Senate amendments or insist on the
    House amendment and request or agree to a conference with the Senate
    (see Oct. 11, 1984, p. 32308). Other motions to dispose of amendments
    between the Houses are not privileged until the stage of disagreement
    has been reached on a bill with amendments of the other House (IV, 3149,
    3150; VI, 756; VIII, 3185, 3194). The stage of disagreement is not
    reached until the House has either disagreed to Senate amendments or has
    insisted on its own amendments to a Senate bill, and has notified the
    Senate. Further House action can only occur when the House has received
    the papers back from the Senate (Sept. 16, 1976, p. 30868).

      Prior to the stage of disagreement, an amendment to a Senate amendment
    to a House passed measure on the Speaker's table is not in order until
    unanimous consent is granted for immediate consideration of the Senate
    amendment in the House (Speaker O'Neill, June 19, 1986, pp. 14638-40).

      If the House does agree to consider a bill with Senate amendments
    before the stage of disagreement has been reached, by unanimous consent
    or special order, a motion to amend takes precedence over the motion to
    agree. However, the usual practice in such a situation is to consider a
    request, either by unanimous consent, suspension of the rules, or
    special order reported by the Committee on Rules, simultaneously
    providing for consideration and disposition of the Senate amendment
    (thus precluding the consideration of other requests to dispose of the
    amendment (see Procedure, ch. 32, sec. 5).

    [[Page 265]]
    the vast majority of legislation does affect the Treasury (as described
    in clause 1 of rule XIII) and requires consideration in Committee of the
    Whole.
      It should be noted that a small category of Senate amendments, those
    not requiring consideration in the Committee of the Whole, may be taken
    from the Speaker's table and disposed of by motion pursuant to clause 2
    of rule XXIV before the stage of disagreement has been reached, but

    Sec. 528b. Precedence of Motions Before the Stage
    of Disagreement.

      Should the  House consider Senate amendments before the stage of
    disagreement, the precedence of motions is as follows (disregarding the
    most privileged motion, to disagree and send to conference by direction
    of the committee): (1) to concur with an amendment or amendments; (2) to
    concur; (3) to disagree and request or agree to a conference; and (4) to
    disagree. With respect to consideration of House amendments before the
    stage of disagreement, the precedence of motions is (1) to recede; (2)
    to insist and request or agree to a conference; and (3) to insist. While
    the House may adhere, adherence is seldom utilized (since it precludes a
    conference unless receded from) and is extremely rare on first
    disagreement (see Sec. 522, supra; see also the discussion of adherence
    in Procedure, ch. 32, sec. 12.1). A motion to adhere is the least
    privileged motion.

      It was formerly held that a motion to send to conference yielded to
    the simple motion to disagree, or to insist (see Cannon's Procedure in
    the House of Representatives, p. 120). In current practice, however, the
    compound motion to disagree to Senate amendments and request or agree to
    a conference, or to insist on House amendments and request or agree to a
    conference, has replaced the two-step procedure for getting to
    conference and, since it brings the two Houses together, takes
    precedence over simple motions to insist or disagree (or to adhere).

      Notwithstanding the foregoing precedence of motions, the ordinary
    motions applicable to any question which is under debate--to table, to
    postpone to a day certain, and to refer--remain privileged under clause
    4 of rule XVI. A motion to table Senate amendments brings the bill to
    the table (V, 5424, 6201-03; Sept. 28, 1978, p. 32334). It must also be
    noted that before consideration of any motions to dispose of Senate
    amendments, the Speaker has the discretionary authority, under clause 2
    of rule XXIV, to refer such amendments to the appropriate committee,
    with or without a time limitation for committee consideration. It has
    been held that before the stage of disagreement, the motion to table the
    Senate amendment or amendments (V, 6201-03) or the motion to refer the
    Senate amendment or amendments (V, 5301, 6172, 6174) take precedence (in
    that order) over motions to amend, agree, or disagree. And if the
    previous question has been ordered on another motion to dispose of the
    Senate amendment, a motion to refer is in order (V, 5575).

    [[Page 266]]
    example, where the House has concurred in a Senate amendment to a House
    bill with an amendment, insisted on the House amendment and requested a
    conference, and the Senate has then concurred in the House amendment
    with a further amendment, the matter is privileged for further
    disposition in the House since the House has communicated to the Senate
    its insistence and request for a conference (Sept. 16, 1976, p. 20868).
    Of course, if the Senate has agreed to a House request for a conference,
    the bill is committed to conference and motions are not in order for its
    disposition until after the conferees have reported (the House may
    unilaterally discharge its conferees and consider the bill, where in
    possession of the papers, only by unanimous consent and not by motion).

    Sec. 528c. Reaching the Stage of Disagreement.

      The House  has
    reached the stage of disagreement on a bill when it is again in
    possession of the papers thereon, having previously disagreed to Senate
    amendments or insisted on House amendments (with or without requesting
    or agreeing to a conference). Only previous insistence or disagreement
    by the House itself places the House in disagreement (and not merely
    disagreement, insistence, or amendment by the Senate). For

      Once the stage of disagreement has been reached on a bill with
    amendments, the House remains in the stage of disagreement until the
    matter is finally disposed of and motions for its disposition are
    privileged whenever the House is in possession of the papers. This
    principle applies both where the stage of disagreement is reached
    without a conference, and where matters remain in disagreement after
    conferees have reported. It is possible, therefore, for motions to be
    privileged since the House is in disagreement on the bill, but for the
    House to have receded from its disagreement or insistence on a
    particular amendment or to have received a new Senate amendment for the
    first time. In those cases motions remain privileged, but the precedence
    of motions on the amendment in question reverts to the precedence of
    motions before the stage of disagreement, as set forth in Sec. 528b,
    supra (see discussion below of the effect of the House receding). The
    two Houses having permitted the amendment process to go beyond the
    second degree, a motion to concur in a Senate amendment (in the 4th
    degree), the stage of disagreement having been reached, is privileged
    but is subject to the motion to lay on the table (Mar. 18, 1986, p.
    5217).

    [[Page 267]]
    carries to the table only the motion to dispose and not the amendment
    or bill (see Procedure, ch. 32, sec. 7.6). With respect to the motion to
    refer (or recommit), a simple motion to refer or recommit only takes
    precedence over a motion to adhere, after the stage of disagreement has
    been reached on the bill. After the previous question is ordered on a
    pending motion to dispose of a Senate amendment, a motion to recommit
    (pursuant to clause 4 of rule XVI or clause 1 of rule XVII) may only be
    offered if it constitutes, in effect, a motion which takes precedence
    over the pending motion to dispose of a Senate amendment. Thus, after
    the stage of disagreement has been reached on a Senate amendment, a
    motion to recommit with instructions to report back forthwith with an
    amendment may not be offered after the previous question has been
    ordered on a motion to recede and concur, a motion of higher privilege
    (see Procedure, ch. 23, sec. 12.8). But after the House has receded from
    disagreement to a Senate amendment, a motion to amend is preferential
    over a motion to agree, and thus after the previous question is ordered
    on a motion to concur, the House having already receded, a motion to
    recommit with instructions to amend would be in order (VIII, 2744).
    Motions to postpone, either to a day certain or indefinitely, may be
    presumed to have the lowest privilege with respect to a Senate amendment
    after the stage of disagreement has been reached. For old examples where
    the House postponed indefinitely consideration of Senate amendments, see
    V, 6199, 6200 (in the latter case the Senate had adhered).

    Sec. 528d. Precedence of Motions After the
    Stage of Disagreement.

      Generally, after  the stage of disagreement has been reached on a
    Senate amendment, the precedence of motions is as follows: (1) to recede
    and concur; (2) to recede and concur with an amendment or amendments;
    (3) to insist on disagreement and request a (further) conference; (4) to
    insist on disagreement; and (5) to adhere. The Chair may examine the
    substance of a pending motion to determine the order of voting thereon
    in relation to another motion, even though in form it may appear
    preferential. Thus, a proper motion to concur with an amendment to a
    Senate amendment reported from conference in disagreement (the House
    having receded) has been offered and voted on before a pending motion
    drafted as one to concur with an amendment but in actual effect a motion
    to insist on disagreement to the Senate amendment, since simply
    reinserting the original House text without change (July 2, 1980, pp.
    18357-61, sustained by tabling of appeal; see Procedure, ch. 32, sec.
    7.8 and 7.9). The ordinary motion to table under clause 4 of rule XVI
    may be applied to a Senate amendment but carries the bill to the table;
    when applied to a motion to dispose of a Senate amendment, the motion to
    table

      Where the matter in question is a House amendment or amendments after
    the stage of disagreement has been reached, the precedence of motions is
    (1) to recede; (2) to further insist on the amendment and request a
    (further) conference; and (3) to adhere. For discussion of possible
    options of the House, having receded from its amendment or amendments,
    see Sec. 524, supra, and Procedure, ch. 32, sec. 10.1. If the House
    recedes from its amendment to a Senate bill, the bill is passed unless
    otherwise specified. If the House recedes from its amendment to a Senate
    amendment, the bill is not passed unless the House takes another step,
    either to concur in the Senate amendment or amend it. The House having
    receded from its amendment to a Senate amendment, it is no longer in
    disagreement on the amendment (although it is on the bill if the stage
    of disagreement has previously been reached), and the motion to amend
    the Senate amendment takes precedence over the motion to concur therein.
    Until the House recedes, however, a motion to recede from the House
    amendment and concur in the Senate amendment is preferential.

    [[Page 268]]
    ered as pending if part of the original motion, and is voted on first
    (Sept. 30, 1988, pp. 27265-74; Oct. 11, 1989, p. 24097). As indicated in
    Procedure, ch. 32, sec. 8, a Member offering a preferential motion does
    not thereby gain control of the debate, which remains in the control of
    the floor manager recognized to offer the original motion to dispose of
    amendments between the Houses (and which is divided equally between the
    majority and minority floor managers with respect to amendments reported
    from conference in disagreement under clause 2(b) of rule XXVIII).
    Recognition to offer a preferential motion goes to the senior committee
    member seeking the floor who is not the offeror of a displaced motion of
    lesser privilege (Nov. 16, 1989, p. ----).

      The same principle as to the precedence of motions after a division of
    the question applies to a motion to recede and concur in a Senate
    amendment, the stage of disagreement having been reached. While the
    motion to recede and concur takes precedence over the motion to recede
    and concur with an amendment, the former motion may be divided on the
    demand of any Member. If the House agrees to recede, a motion to concur
    with an amendment then takes precedence over the motion to concur, is
    consid

    Sec. 529. Degree of amendments between the
    Houses.

      A bill  originating in one House is passed by the other with an
    amendment.     The originating House agrees to their amendment with an
    amendment. The other may agree to their amendment with an amendment,
    that being only in the 2d and not the 3d degree; for, as to the amending
    House, the first amendment with which they passed the bill is a part of
    its text. It is the only text they have agreed to. The amendment to that
    text by the originating House therefore is only in the 1st degree, and
    the amendment to that again by the amending House is only in the 2d, to
    wit, an amendment to an amendment, and so admissible. Just so, when, on
    a bill from the originating House, the other, at its second reading,
    makes an amendment; on the third reading this amendment is become the
    text of the bill, and if an amendment to it be moved an amendment to
    that amendment may also be moved, as being only in the 2d degree.

      This principle is followed in the practice of the House of
    Representatives (V, 6176, 6177, 6178). For a discussion of the attitude
    of the Senate on this topic, see October 31, 1991 (p. ----).