    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 264-273]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                     sec. xlv--amendments between the houses

    [[Page 265]]

    actions between the Houses would become endless. 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 trans

      The House 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 266]]

    stands as before the disagreement. Elysnge, 23, 27; 9 Grey, 476.

    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

    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). However, this has been held insufficient
    to pass the bill without further action by the House that concurred with
    an amendment (VIII, 3177; June 26, 1984, p. 18733).

      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 267]]

    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 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,

    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, 1798. 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 268]]

    Lords refused, and the bill was lost. 1 Chand., 288. A like case, 1
    Chand., 311. * * *

      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

      In the House 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 9 of rule XXII), 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 9 of rule XXII.

      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 269]]

    <>   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
    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 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 XXII, 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 (clause 4
    of rule XXII; 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 of business, 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 of business 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 270]]

    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 XXII 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, 6201-6203; 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 XIV, 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, 6201-6203) 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 271]]

    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 example,
    where the House has concurred in a Senate amendment to a House bill with

      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 272]]

    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 2 of rule
    XIX) 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 carries to the table only the motion to dispose and not the
    amendment or bill (see Procedure,

      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 273]]

    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 7(b) of rule XXII). 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. 29565).

      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
    considered 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,

    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 (V, 6176,
    6177, 6178). For a discussion of the attitude of the Senate on this
    topic, see October 31, 1991 (p. 29494).