[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
[111st Congress]
[House Document 110-162]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 270-280]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                 sec. xlv--amendments between the houses


[[Page 271]]

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 endless. 3 Hats., 
268, 270. The term of insisting, we are told by Sir John Trevor, was 
then (1679)


  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.

  If both  Houses insist and neither ask a conference nor recede, the 
bill fails (V, 6228). If 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 272]]




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, because 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 previously had 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 273]]

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, 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 274]]


  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 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.


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


[[Page 275]]


  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 that 
has passed both Houses (V, 6182).

  This is the rule of the House if the stage of disagreement has not 
been reached (V, 6164, 6169-71; VIII, 3202), or if 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).


  Before 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 
an order is entered for 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 amendment 
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 Deschler-Brown, ch. 32, Sec. 5)).

  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 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.


[[Page 276]]

(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. 
Although the House may adhere, adherence is seldom utilized (because 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 Deschler-Brown, ch. 32, Sec. 12). A motion to adhere is the 
least privileged motion.


Sec. 528b. Precedence of motions before the stage 
of disagreement.

  Should the  House consider Senate amendments before the stage of 
disagreement, the precedence of nonprivileged motions is as follows 
(disregarding the privileged motion to disagree and send to conference 
by direction of the committee): (1) to concur with amendment; (2) to 
concur;


  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, because 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 that is under debate--to table, to 
postpone to a day certain, and to refer--remain available 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 277]]

conferees have reported (the House may unilaterally discharge its 
conferees and consider the bill, if in possession of the papers, only by 
unanimous consent, special order, or suspension of the rules, 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, if 
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 
because 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


  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 because 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's 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 278]]

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 Deschler-Brown, ch. 32, Sec. 7.5). However, after the House has 
receded from disagreement to a Senate amendment, a motion to amend is 
preferential 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, have the lowest privilege with respect to a Senate 
amendment after the stage of disagreement has been reached. For old 
examples in which the House postponed indefinitely consideration of 
Senate amendments, see V, 6199, 6200 (in the latter case the Senate had 
adhered). Clause 8(b)(3) of rule XXII makes preferential and separately 
debatable a motion to insist on disagreement to a Senate amendment to a 
general appropriation bill, if: (1) the Senate amendment has been 
reported from conference in disagreement; (2) the original motion to 
dispose of the Senate amendment proposes to change existing law; and (3) 
the motion to insist is timely offered by the chair of a committee of 
jurisdiction or a designee.


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 precedence thereof 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, because simply 
reinserting the original House text without change (Deschler-Brown, ch. 
31, Sec. 8.12). 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 Deschler-Brown, ch. 32, Sec. 7.27). 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 that 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


  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 Deschler-Brown, ch. 32, Sec. 7. 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. A 
conference report held to violate clause 9 of rule XXII was vitiated, 
after which a privileged motion to recede and concur in a Senate 
amendment with an amendment incorporating by reference the text of an 
introduced House bill was offered (Nov. 14, 2002, p. 22409).


[[Page 279]]

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 
Deschler-Brown, ch. 32, Sec. 8.2, 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). Although 
the manager of a conference report is entitled to prior recognition to 
offer motions to dispose of amendments in disagreement, the manager 
should not be entitled to offer two motions, one preferential to the 
other, to be pending at the same time. However, where the manager's 
first motion to insist on disagreement has been superseded by the 
House's voting to recede from disagreement, then the initial motion is 
no longer pending; and the manager may be recognized to offer another 
motion to concur with an amendment, which would be preferential to the 
remaining portion of another Member's divided motion to concur 
(Deschler-Brown, ch 32, Sec. 8.2). This is to be contrasted with the 
situation in which the bill manager offers a motion to dispose of a 
Senate amendment that is rejected by the House, in which case 
recognition to offer a subsequent motion to dispose of the pending 
Senate amendment shifts to another Member who led the opposition to the 
rejected motion (see Sec. 954, infra).

  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. Although 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 and each portion may be separately debatable (Oct. 
5, 1978, 33698-701). If the House agrees to recede, a motion to concur 
with an


[[Page 280]]

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.



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





  This principle is followed in the practice of the House (V, 6176-
6178). For a discussion of the attitude of the Senate on this topic, see 
October 31, 1991 (p. 29494).