    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Rules of the House of Representatives]
    [Pages 907-934]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule XXII

    Senate amendments
                          house and senate relations

    [[Page 908]]

    committee and of all reporting committees that had initial referral of
    the proposition.

    1069. Motion for conference.

      1.  A motion to disagree to
    Senate amendments to a House proposition and to request or agree to a
    conference with the Senate, or a motion to insist on House amendments to
    a Senate proposition and to request or agree to a conference with the
    Senate, shall be privileged in the discretion of the Speaker if offered
    by direction of the primary

      This provision (proviso in former clause 1 of rule XX), added by the
    89th Congress (H. Res. 8, Jan. 4, 1965, p. 21), provides a method
    whereby bills can be sent to conference by majority vote. As contained
    in section 126(a) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and adopted as part of the Rules of the House in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), this clause included
    language relating to separate votes on nongermane Senate amendments that
    was, in the 93d Congress, modified and transferred to former clause 5 of
    rule XXVIII (current clause 10 of rule XXII) (H. Res. 998, Apr. 9, 1974,
    pp. 10195-99). Before the House recodified its rules in the 106th
    Congress, clauses 1 and 3 of this rule occupied a single clause
    (formerly clause 1 of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47).
    Technical changes were effected in the 108th Congress (sec. 2(u), H.
    Res. 5, Jan. 7, 2003, p. 7).

    Sec. 1070. Motion for conference.

      The motion to  send a bill
    to conference under this clause is in order notwithstanding the fact
    that the stage of disagreement has not been reached (Aug. 1, 1972, p.
    26153). On a bill that has been initially referred and reported in the
    House, the motion must be authorized by all committees reporting thereon
    (Sept. 26, 1978, p. 31623). However, a committee receiving sequential
    referral of a bill or not reporting thereon need not authorize the
    motion (Oct. 4, 1994, p. 27643). This clause was recodified in the 106th
    Congress to reflect this practice (H. Res. 5, Jan. 6, 1999, p. 47). On a
    Senate bill with a House amendment consisting of the text of two
    corresponding House bills that were previously reported to the House,
    the motion must be authorized by the committees reporting those
    corresponding bills (Oct. 1, 1998, p. 22944). Where such a motion has
    been rejected by the House, it may be repeated if the committee having
    jurisdiction over the subject matter again authorizes its chair to make
    the motion (Deschler-Brown, ch. 33, Sec. 2.13). The motion to send to
    conference is in order only if the Speaker chooses to recognize for that
    purpose, and the Speaker will not recognize for the motion where there
    has been referred a nongermane Senate amendment to a House committee
    with jurisdiction and they have not yet had the opportunity to consider
    the amendment (June 28, 1984, p. 19770). Under clause 2(a)(3) of rule
    XI, a committee may adopt a rule providing that the chair be directed to
    offer a motion under this clause whenever the chair considers it
    appropriate (Sec. 791, supra).

    [[Page 909]]

    Sec. 1071. Privilege of certain Senate amendments.

      2.  A
    motion to dispose of House bills with Senate amendments not requiring
    consideration in the Committee of the Whole House on the state of the
    Union shall be privileged.

      This provision was adopted in 1890 (IV, 3089) as part of the rule
    governing disposal of business on the Speaker's table (formerly clause 2
    of rule XXIV). When the House recodified its rules in the 106th
    Congress, all provisions of former clause 2 of rule XXIV except this one
    were transferred to clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p.
    47). For a discussion of referral of Senate amendments at the Speaker's
    table, see Sec. 873, supra.

    Sec. 1072. Consideration of Senate amendments in Committee
    of the Whole.

      3.  Except as permitted by clause 1, before the stage of
    disagreement, a Senate amendment to a House bill or resolution shall be
    subject to the point of order that it must first be considered in the
    Committee of the Whole House on the state of the Union if, originating
    in the House, it would be subject to such a point under clause 3 of rule
    XVIII.

      This provision was adopted in 1880 to prevent Senate amendments of the
    class described from escaping consideration in Committee of the Whole
    (IV, 4796). Before the House recodified its rules in the 106th Congress,
    clauses 1 and 3 of this rule occupied a single clause (formerly clause 1
    of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 910]]

    (V, 6193, 6196). The requirement of this clause that certain Senate
    amendments be considered in Committee of the Whole applies only before
    the stage of disagreement has been reached on the Senate amendment, and
    it is too late after the House has disagreed thereto and the amendments
    have been reported from conference in disagreement to raise a point of
    order that Senate amendments should have been considered in Committee of
    the Whole (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The
    Committee on Rules may recommend a special order of business providing
    that a Senate amendment pending at the Speaker's table and otherwise
    requiring consideration in Committee of the Whole under this clause be
    ``hereby'' adopted, which special order, if adopted, would obviate the
    requirement of this clause (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993,
    p. 2500).

    Sec. 1073. Consideration of Senate amendments in
    Committee of the Whole.

      Although  a Senate amendment that is merely a
    modification of a House proposition, such as the increase or decrease of
    the amount of an appropriation, and does not involve new and distinct
    expenditure, may not be required to be considered in Committee of the
    Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised
    against a Senate amendment that on its face apparently placed a charge
    upon the Treasury, the Speaker held it devolved upon those opposing the
    point of order to cite proof to the contrary (VIII, 2387). When an
    amendment is offered in the House to provide an appropriation for
    another purpose than that of the Senate amendment, the House resolves
    into Committee of the Whole to consider it (IV, 4795). When an amendment
    is referred, the entire bill goes to the Committee of the Whole (IV,
    4808), but the Committee considers only the Senate amendment (V, 6192).
    It usually considers all the amendments, although they may not all be
    within the rule requiring such consideration (V, 6195). In Committee of
    the Whole a Senate amendment, even though it be very long, is considered
    as an entirety and not by paragraphs or sections (V, 6194). When
    reported from the Committee of the Whole, Senate amendments are voted on
    en bloc and only those amendments on which a separate vote is demanded
    are voted on severally (VIII, 3191). It has been held that each
    amendment is subject to general debate and amendment under the five-
    minute rule

    Sec. 1074. Stage of disagreement between Houses.

      When  the
    stage of disagreement has been reached on a bill with amendments of the
    other House, motions to dispose of said amendments are privileged in the
    House (clause 4 of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185,
    3194). The stage of disagreement between the two Houses is reached after
    the House in possession of the papers has either disagreed to the
    amendment(s) of the other House or has insisted on its own amendment to
    a measure of the other House (Sept. 16, 1976, p. 30868), and not merely
    where the other House has returned a bill with an amendment (Dec. 7,
    1977, p. 38728). Thus, where the House concurred in a Senate amendment
    to a House bill with an amendment, insisted on the amendment and
    requested a conference, and the Senate then concurred in the House
    amendment with a further amendment, the matter was privileged in the
    House for further disposition because the House had communicated its
    insistence and request for a conference to the Senate (Speaker Albert,
    Sept. 16, 1976, p. 30868).

    Sec. 1075. Privilege when stage of disagreement
    reached.

      4.  When the stage of disagreement has been reached on a bill or
    resolution with House or Senate amendments, a motion to dispose of any
    amendment shall be privileged.

      This provision was adopted when the House recodified its rules in the
    106th Congress to codify current practice, which is described in
    Sec. 1074, supra (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 911]]

    arate vote with respect thereto. If specific authority is not granted,
    the Senate amendment shall be reported in disagreement by the conference
    committee back to the two Houses for disposition by separate motion.

    Sec. 1076. Conferees may not agree to certain Senate
    amendments.

      5. (a)  Managers on the part of the House may not agree to a
    Senate amendment described in paragraph (b) unless specific authority to
    agree to the amendment first is given by the House by a sep

      (b) The managers on the part of the House may not agree to a Senate
    amendment described in paragraph (a) that--

          (1) would violate clause 2(a)(1) or (c) of rule XXI if originating
    in the House; or

          (2) proposes an appropriation on a bill other than a general
    appropriation bill.

      This clause was adopted on June 1, 1920 (pp. 8109, 8120). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 2 of rule XX. The recodification also extended
    the rule to Senate amendments containing reappropriations of unexpended
    balances now referenced in clause 2(c) of rule XXI (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 912]]

    eral appropriation bills have been in the nature of a substitute, which
    are not divided for separate disposition in conference.
      Although the rule provides for a motion authorizing the managers on
    the part of the House to agree to amendments of the Senate in violation
    of clause 2 of rule XXI, such as a motion to recommit a conference
    report on a general appropriation bill with instructions to agree to a
    legislative Senate amendment (Speaker Albert, Dec. 19, 1973, p. 42565),
    it does not permit a motion to recommit a conference report on a general
    appropriation bill to include instructions to add legislation to that
    contained in a Senate amendment (Nov. 13, 1973, p. 36847). It had been
    customary after a conference on a general appropriation bill with
    numbered Senate amendments for the managers to report certain Senate
    amendments in technical disagreement, and after the partial conference
    report (consisting of agreement on those Senate amendments not in
    violation of clause 2 of rule XXI) is disposed of, the remaining
    amendments are taken up in order and disposed of directly in the House
    by separate motion. When Senate amendments in disagreement are
    considered in this fashion, they are not subject to a point of order
    under this clause (Dec. 4, 1975, p. 38714); and a motion to (recede and)
    concur in the Senate amendment with a further amendment is also in
    order, even if the proposed amendment is also legislation on an
    appropriation bill. The only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, p. 41504; Aug. 1,
    1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, p. 35520; June 30,
    1987, p. 18308). In recent years Senate amendments to House-passed gen

      In the event an appropriation bill with Senate amendments in violation
    of clause 2 of rule XXI is sent to conference by unanimous consent, such
    procedure does not thereby prevent a point of order from being sustained
    against the conference report should the managers on the part of the
    House violate the provisions of this clause (VII, 1574). But where a
    special rule in the House waives points of order against portions of an
    appropriation bill that 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 even
    though they remain unauthorized, because the waiver in the House of
    points of order under this clause carries over to the consideration of
    the same provisions when the conference report is before the House (Dec.
    20, 1969, pp. 40445-48, consideration of conference report; Dec. 9,
    1969, p. 37948, adoption of special rule waiving points of order against
    the bill in the House). The rule is a restriction upon the managers on
    the part of the House only, and does not provide for a point of order
    against a Senate amendment when it comes up for action by the House
    (VII, 1572). Managers may be authorized to agree to an appropriation by
    a resolution reported from the Committee on Rules (VII, 1577). House
    managers may include in their report a modification of a Senate
    amendment that eliminates the appropriation in that amendment (June 8,
    1972, p. 20280); and the prohibition in this clause applies only to
    language in Senate amendments. Thus the conferees may without violating
    this clause agree to language in a Senate bill that was sent to
    conference (Speaker Albert, Jan. 25, 1972, pp. 1076, 1077; June 30,
    1976, pp. 21632-34) or agree to language in a House bill that was
    permitted to remain and that constitutes an appropriation on a
    legislative bill (Speaker Albert, May 1, 1975, p. 12752).

    [[Page 913]]

      A provision in a Senate amendment included in a conference report on
    an authorization bill considered after the relevant appropriation has
    been enacted into law, directing that funds appropriated pursuant to the
    authorization be obligated and expended on a project not specifically
    funded in the appropriation, is itself an appropriation and may not be
    agreed to by House conferees (Nov. 29, 1979, pp. 34113-15); and House
    conferees were held to have violated this clause when they had agreed to
    a provision in a Senate amendment not only authorizing appropriations to
    pay judgments against the United States for the award of attorney fees
    and other court costs, but also requiring that where such payments were
    not paid out of appropriated funds, payment be made in the same manner
    as judgments under 28 U.S.C. 2414 and 2517 (payable directly out of the
    Treasury pursuant to a direct appropriation previously provided by law
    in 31 U.S.C. 1304) (Oct. 1, 1980, pp. 28637-40).

      6. A Senate amendment carrying a tax or tariff measure in violation of
    clause 5(a) of rule XXI may not be agreed to.

    Conference reports; amendments reported in disagreement
      This provision was adopted when the House recodified its rules in the
    106th Congress to reiterate the prohibition found in clause 5(a) of rule
    XXI against a bill or joint resolution carrying a tax or tariff measure
    not reported by the Committee on Ways and Means (H. Res. 5, Jan. 6,
    1999, p. 47).

    1077. High privilege of conference reports; and form
    of accompanying statement.

      7. (a)  The presentation of a conference report
    shall be in order at any time except during a reading of the Journal or
    the conduct of a record vote, a vote by division, or a quorum call.

      The practice of giving conference reports privilege dates from 1850,
    having had its origin in a temporary rule. This practice was continued
    by rulings of the Chair until this rule was adopted in 1880 (V, 6443-
    6446, 6454). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(a) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. 47). For the requirement of a tax
    complexity analysis in either the joint statement or the Record, see
    clause 11 of this rule.

    [[Page 914]]

    order provides that the House shall consider a certain bill ``until the
    same is disposed of'' (V, 6454). The consideration of a conference
    report may be interrupted, even in the midst of the reading of the
    statement, by the arrival of the hour previously fixed for a recess (V,
    6524). Of course, a question of privilege that relates to the integrity
    of the House as an agency for action may not be required to yield
    precedence to a matter entitled to priority merely by the rules relating
    to the order of business (V, 6454).
      Under the language of the rule, a conference report may be presented:
    (1) while a Member is occupying the floor in debate (V, 6451; VIII
    3294); (2) while a bill is being read (V, 6448); (3) after the yeas and
    nays have been ordered (V, 6457); (4) after a vote by tellers and
    pending the question of ordering the yeas and nays, although it may not
    be presented while the House is dividing (V, 6447); (5) after the
    previous question has been demanded or ordered (V, 6449, 6450); (6)
    during a call of the House if a quorum be present (V, 6456); (7) pending
    the forthwith report of a committee following adoption of a motion to
    recommit while the previous question is operating (e.g., Apr. 24, 2007,
    pp. 9923-25); (8) on Calendar Wednesday (VII, 907), but consideration of
    such reports yields to Calendar Wednesday business (VII, 899). It takes
    precedence over: (1) a motion to adjourn (V, 6451-6453), although as
    soon as the report is presented the motion to adjourn may be put (V,
    6451-6453); (2) a report from the Committee on Rules (V, 6449); (3) the
    motion to reconsider (V, 5605); (4) the motion to resolve into the
    Committee of the Whole for consideration of general appropriation bills
    (VIII, 3291); (5) consideration of District of Columbia business on
    Monday (VIII, 3292); (6) unfinished business (Speaker O'Neill, Oct. 4,
    1978, p. 33473). It has been permitted to intervene when a special

      The question of consideration under clause 3 of rule XVI may be
    demanded against a conference report before points of order against the
    report are raised (VIII, 2439; Speaker Albert, Sept. 28, 1976, p.
    33019). The motion to lay on the table may not be applied to a
    conference report (V, 6540). The Chair will not recognize for a
    unanimous-consent request to correct a conference report, including the
    joint statement of managers, because it is a joint report to the two
    Houses (Oct. 3, 2000, p. 20560).

      Although the rule provides that the managers of the House asking for
    conference shall leave the papers with the managers of the other
    (Sec. Sec. 555, 556, supra), if the managers on the part of the House
    agreeing to a conference surrender the papers to the House asking the
    conference, the report may be received first by the House asking the
    conference (VIII, 3330).

      For further discussion of conference reports, see provisions of
    Jefferson's Manual at Sec. Sec. 527-559, supra.

    Sec. 1078. Time for debate on motions to
    instruct.

      (b)(1)  Subject to subparagraph (2) the time allotted for debate on
    a motion to instruct managers on the part of the House shall be equally
    divided between the majority and minority parties.

      (2) If the proponent of a motion to instruct managers on the part of
    the House and the Member, Delegate, or Resident Commissioner of the
    other party identified under subparagraph (1) both support the motion,
    one-third of the time for debate thereon shall be allotted to a Member,
    Delegate, or Resident Commissioner who opposes the motion on demand of
    that Member, Delegate, or Resident Commissioner.

    [[Page 915]]

    and the proponent of such an amendment is recognized for one hour under
    clause 2 of rule XVII (formerly clause 2 of rule XIV) (Oct. 3, 1989, p.
    22863; July 14, 1993, p. 15668; Aug. 1, 1994, p. 18868). The proponent
    of a motion to instruct conferees has the right to close debate (July
    28, 1994, p. 18405; July 26, 1996, p. 19450).

      This paragraph was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). Before the House recodified its rules in the 106th
    Congress, it was found in former clause 1(b) of rule XXVIII (H. Res. 5,
    Jan. 6, 1999, p. 47). The division of debate time specified in this
    clause does not apply to an amendment to a motion after defeat of the
    previous question thereon,

    Sec. 1079. Motions privileged after 20 calendar days
    and 10 legislative days of conference.

      (c)(1)  A motion to instruct managers
    on the part of the House, or a motion to discharge all managers on the
    part of the House and to appoint new conferees, shall be privileged
    after a conference committee has been appointed for 20 calendar days and
    10 legislative days without making a report, but only on the day after
    the calendar day on which the Member, Delegate, or Resident Commissioner
    offering the motion announces to the House intention to do so and the
    form of the motion.

      (2) The Speaker may designate a time in the legislative schedule on
    that legislative day for consideration of a motion described in
    subparagraph (1).

      (3) During the last six days of a session of Congress, a motion under
    subparagraph (1) shall be privileged after a conference committee has
    been appointed for 36 hours without making a report and the proponent
    meets the notice requirement in subparagraph (1).

      (d) Instructions to conferees in a motion to instruct or in a motion
    to recommit to conference may not include argument.

    [[Page 916]]

    after the requisite time in conference are subject to one day's notice,
    and to authorize the Speaker to designate a time in that day's
    legislative schedule for the consideration of a noticed motion to
    discharge or instruct conferees. Paragraph (c) was amended again in the
    108th Congress to permit the motion to be offered after not only 20
    calendar days but also after 10 legislative days, measured concurrently
    (sec. 2(p), H. Res. 5, Jan. 7, 2003, p. 7); and technical amendments to
    paragraph (c)(3) were effected in the 109th Congress (sec. 2(l), H. Res.
    5, Jan. 4, 2005, p. 44) and 111th Congress (sec. 2(m), H. Res. 5, Jan.
    6, 2009, p. 9). Paragraph (d) was added in the 107th Congress (sec.
    2(r), H. Res. 5, Jan. 3, 2001, p. 25). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). Before the House recodified its rules in the 106th Congress,
    paragraph (c) was found in former clause 1(c) of rule XXVIII (H. Res. 5,
    Jan. 6, 1999, p. 47). Recodification resulted in certain unintended
    changes to paragraph (c), and the paragraph was restored to its original
    intent in the 107th Congress (sec. 2(r), H. Res. 5, Jan. 3, 2001, p.
    25).
      Paragraph (c) (formerly clause 1(c) of rule XXVIII) was adopted
    December 8, 1931 (VIII, 3225). The notice requirement was added on
    January 3, 1989 (H. Res. 5, 101st Cong., p. 72), and amended on January
    5, 1993 (H. Res. 5, 103d Cong., p. 49) to clarify that both the motion
    to discharge conferees and appoint new conferees and the motion to
    instruct conferees

      The motion to instruct conferees under this clause may be repeated
    notwithstanding prior disposition of an identical motion to instruct,
    because any number of proper motions to instruct are in order after
    conferees have failed to report within the requisite time (Speaker
    Albert, July 22, 1974, p. 24448; July 10, 1985, p. 18440), and the
    motion remains available when a conference report, filed after the
    requisite time, is recommitted by the first House to act thereon,
    because the conferees are not discharged and the original conference
    remains in being (June 28, 1990, p. 16156). A motion under this clause
    may instruct House conferees to insist on holding conference sessions
    under just and fair conditions, and in executive session if desirable
    (Aug. 1, 1935, p. 12272), and may instruct House conferees to meet with
    Senate conferees (May 2, 1984, p. 10732). The motion to instruct
    conferees under this clause is of equal privilege with the motion to
    suspend the rules on a suspension day (Mar. 1, 1988, pp. 2749, 2751,
    2754). The motion to adjourn is in order while a motion to instruct
    under this paragraph is pending (Sept. 30, 1997, p. 20886), and, if such
    a motion to adjourn is adopted, the motion to instruct is rendered
    unfinished business on the next day without need for further notice
    under this paragraph (Oct. 1, 1997, p. 20894). Under clause 8(a)(2)(C)
    of rule XX, proceedings may not resume on a postponed question of
    agreeing to a 20-day motion to instruct conferees after the managers
    have filed a conference report in the House (Oct. 19, 1999, p. 25961;
    Nov. 21, 2003, p. 30780; May 19, 2004, p. 10129; June 28, 2012, p. _).

    [[Page 917]]

    ment prepared jointly by the managers on the part of the House and the
    managers on the part of the Senate. The joint explanatory statement
    shall be sufficiently detailed and explicit to inform the House of the
    effects of the report on the matters committed to conference.

    Sec. 1080. The statement accompanying a conference
    report.

      (e)  Each conference report to the House shall be printed as a
    report of the House. Each such report shall be accompanied by a joint
    explanatory state

      The original rule requiring the submission of a statement was adopted
    in 1880 (V, 6443) and remained in effect through the 91st Congress. The
    precedents carried in this annotation interpret the earlier rule, which
    required only that the statement be signed by a majority of the House
    managers (V, 6505, 6506) and did not anticipate a statement jointly
    prepared by the managers on the part of the House and those on the part
    of the Senate. The rule was revised in the Legislative Reorganization
    Act of 1970 (sec. 125(b); 84 Stat. 1140) and made a part of the standing
    Rules of the House in its present form in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 1(d) of rule
    XXVIII (H. Res. 5, Jan. 6, 1999, p. 47).

      The Speaker may require the statement to be in proper form (V, 6513),
    but it is for the House and not the Speaker to determine whether or not
    it conforms to the rule in other respects (V, 6511, 6512). A report may
    not be received without the accompanying statement (V, 6505, 6507-6510).
    A quorum among the managers on the part of the House at a committee of
    conference is established by their signatures on the conference report
    and joint explanatory statement (Oct. 4, 1994, p. 27662). When the House
    by unanimous consent permitted the chair of a House committee to insert
    in the Record extraneous material to supplement a joint statement of
    managers, the Chair announced that the insertion did not constitute a
    revised joint statement of managers (Oct. 10, 1998, p. 25502).

    Sec. 1081. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that requires a
    committee of conference to ensure that the Director of the Congressional
    Budget Office prepares a statement with respect to unfunded costs of any
    additional Federal mandate contained in the conference agreement. See
    Sec. 1127, infra.

    Sec. 1082. Layover requirements.

      8. (a)(1)  Except as
    specified in subparagraph (2), it shall not be in order to consider a
    conference report until--

    [[Page 918]]

    the House is in session on such a day) on which the conference report
    and the accompanying joint explanatory statement have been available to
    Members, Delegates, and the Resident Commissioner in the Congressional
    Record or pursuant to clause 3 of rule XXIX; and
          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when

          (B) printed or electronic copies of the conference report and the
    accompanying joint explanatory statement have been available to Members,
    Delegates, and the Resident Commissioner for at least two hours.

      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

      The original rule (formerly clause 2(a) of rule XXVIII) requiring that
    conference reports be printed in the Record was adopted in 1902 (V,
    6516). The three-day layover requirement, as well as the provisions
    relating to the availability of copies of the conference report and the
    division of time for debate, were added by section 125(b) of the
    Legislative Reorganization Act of 1970 and made part of the rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The paragraph was
    amended the next year to clarify the manner of counting the three days
    for the layover period (H. Res. 1153, Oct. 13, 1972, p. 36023) and in
    the 94th Congress (Feb. 26, 1976, p. 4625) to require copies of
    conference reports to be available for two hours before consideration
    and to allow for the immediate consideration of a resolution from the
    Committee on Rules waiving that requirement (clause 8(e)). In the 104th
    Congress it was amended to count as a ``calendar day'' any day on which
    the House is in session (H. Res. 254, Nov. 30, 1995, p. 35077). In the
    113th Congress it was amended to accommodate electronic availability
    (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _), similar authority having
    been granted in the 112th Congress by separate order (Dec. 6, 2011, p.
    _). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(a) of rule XXVIII. At that time
    the portion of clause 2(a) permitting immediate consideration of a
    resolution reported by the Rules Committee waiving only the layover
    requirement was transferred to clause 8(e), and the portion of clause
    2(a) addressing debate was transferred to clause 8(d) (H. Res. 5, Jan.
    6, 1999, p. 47).

    [[Page 919]]

    When managers report that they have been unable to agree, the report is
    not acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p.
    15816).

      For an example of a resolution reported by the Rules Committee waiving
    only the availability requirement of this clause and called up the same
    day reported without a two-thirds vote, see August 10, 1984, p. 23978.

    Sec. 1083. Consideration of amendments in
    disagreement.

      (b)(1)  Except as specified in subparagraph (2), it shall not be
    in order to consider a motion to dispose of a Senate amendment reported
    in disagreement by a conference committee until--

          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when the House is in session on such a day) on which the
    report in disagreement and any accompanying statement have been
    available to Members, Delegates, and the Resident Commissioner in the
    Congressional Record; and

          (B) copies of the report in disagreement and any accompanying
    statement, together with the text of the Senate amendment, have been
    available to Members, Delegates, and the Resident Commissioner for at
    least two hours.

      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

    [[Page 920]]

      This provision (formerly clause 2(b)(1) of rule XXVIII), relating to
    the consideration of amendments reported from conference in
    disagreement, was added in 1972 (H. Res. 1153, Oct. 13, 1972, p. 36023)
    and became effective at the end of the 92d Congress. In the 94th
    Congress the provision was amended to require copies of amendments
    reported from conference in disagreement to be available for two hours
    before consideration and to allow for the immediate consideration of a
    resolution from the Committee on Rules waiving that requirement (H. Res.
    868, Feb. 26, 1976, p. 4625). In the 104th Congress the provision was
    amended to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. 35077). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(b)(1) of rule XXVIII. At that time the portion of clause
    2(b)(1) addressing debate was transferred to clause 8(d) of rule XXII,
    and the portion of clause 2(b)(1) permitting immediate consideration of
    a resolution reported by the Rules Committee only waiving the layover
    requirement was transferred to clause 8(e) of this rule (H. Res. 5, Jan.
    6, 1999, p. 47).

      Until the adoption of paragraph (b), a report in total disagreement
    was not printed in the Record before the amendment in disagreement was
    again taken up in the House (VIII, 3299, 3332).

    Sec. 1084. Certain motions to insist as
    preferential.

      (3)  During consideration of a Senate amendment reported in
    disagreement by a conference committee on a general appropriation bill,
    a motion to insist on disagreement to the Senate amendment shall be
    preferential to any other motion to dispose of that amendment if the
    original motion offered by the floor manager proposes to change existing
    law and the motion to insist is offered before debate on the original
    motion by the chair of the committee having jurisdiction of the subject
    matter of the amendment or a designee. Such a preferential motion shall
    be separately debatable for one hour equally divided between its
    proponent and the proponent of the original motion. The previous
    question shall be considered as ordered on the preferential motion to
    its adoption without intervening motion.

    [[Page 921]]

      This provision was added in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to make 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 offered
    in a timely manner by the chair of a committee of jurisdiction or a
    designee. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 2(b)(2) of rule XXVIII (H. Res. 5, Jan. 6, 1999, p. 47). The
    Committee on Post Office and Civil Service (now Oversight and Government
    Reform) has jurisdiction under clause 1 of rule X over the subject of a
    Senate legislative amendment entitling Forest Service employees to
    separation pay, enabling the chair of that committee to offer a
    preferential motion to insist under this clause (Oct. 20, 1993, p.
    25589).

    Sec. 1085. Certain conference reports considered as
    read.

      (c)  A conference report or a Senate amendment reported in
    disagreement by a conference committee that has been available as
    provided in paragraph (a) or (b) shall be considered as read when called
    up.

      Paragraph (c) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2(c) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. 47).

    Sec. 1086. Debate.

      (d)(1)  Subject to subparagraph (2), the
    time allotted for debate on a conference report or on a motion to
    dispose of a Senate amendment reported in disagreement by a conference
    committee shall be equally divided between the majority and minority
    parties.

      (2) If the floor manager for the majority and the floor manager for
    the minority both support the conference report or motion, one-third of
    the time for debate thereon shall be allotted to a Member, Delegate, or
    Resident Commissioner who opposes the conference report or motion on
    demand of that Member, Delegate, or Resident Commissioner.

      This provision was adopted in the 99th Congress as former clauses 2(a)
    and 2(b)(1) of rule XXVIII (H. Res. 7, Jan. 3, 1985, p. 393). When the
    House recodified its rules in the 106th Congress, those provisions
    addressing debate in clause 2(a) and 2(b)(1) were consolidated into this
    provision (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 922]]

    ity manager supports a conference report if the manager signed the
    report and is not immediately present to claim the contrary (Oct. 12,
    1995, p. 27795). Where the time is divided three ways, the right to
    close debate falls to the majority manager calling up the conference
    report (May 2, 2002, pp. 6624, 6634), preceded by the minority manager,
    preceded by the Member in opposition--i.e., the reverse order of the
    recognition to begin debate (Aug. 4, 1989, p. 19301).
      Recognition of one Member in opposition does not depend upon party
    affiliation and is within the discretion of the Speaker (Dec. 11, 1985,
    p. 36069; Dec. 16, 1985, p. 36716; Oct. 15, 1986, p. 32116), who accords
    priority in recognition to a member of the conference committee (Speaker
    Wright, Dec. 21, 1987, pp. 37093, 37516). Subparagraph (2) remains
    available where a special order of business orders the previous question
    to adoption of a conference report without intervening motion except one
    hour of debate (e.g., Dec. 14, 2011, p. _). The Chair will assume that
    the minor

      Following rejection of a conference report on a point of order, debate
    on a motion to dispose of the Senate amendment remaining in disagreement
    is evenly divided between the majority and minority under the rationale
    contained in this provision (Sept. 30, 1976, pp. 34074-34100). Following
    vitiation of a conference report held to violate clause 9 of rule XXII,
    debate on a motion to recede and concur in a Senate amendment with an
    amendment also is evenly divided. (Nov. 14, 2002, pp. 22409, 22460).

      The custom has developed, however, of equally dividing between
    majority and minority parties the time on all motions to dispose of
    amendments emerging from conference in disagreement, whether reported in
    disagreement or before the House upon rejection of a conference report
    by a vote or a point of order (Speaker Albert, Sept. 27, 1976, pp.
    32719-26; Sept. 30, 1976, pp. 34074-34100), upon rejection of an initial
    motion to dispose of the amendment (July 2, 1980, pp. 18357-59; Aug. 6,
    1993, p. 19582), upon a motion to concur in a new Senate amendment where
    the Senate had receded with an amendment from one of its amendments
    reported from conference in disagreement (Mar. 24, 1983, p. 7301), or
    upon a motion to dispose of a further stage of amendment that is
    subsequently before the House (Aug. 1, 1985, p. 22561; Dec. 19, 1985, p.
    38360). A Member offering a preferential motion does not thereby control
    half of the time, because all debate is allotted under the original
    motion (May 14, 1975, p. 14385). The minority Member in charge controls
    30 minutes for debate only and can only yield to other Members for
    debate (Dec. 4, 1975, p. 38716). Where time for debate on such a motion
    is equally divided, the previous question may not be moved by the Member
    first recognized so as to prevent the Member from the other party from
    controlling half the debate and from offering a proper preferential
    motion to dispose of the Senate amendment (July 2, 1980, p. 18360). The
    right to close the debate on a motion to dispose of an amendment where
    the time is divided three ways falls to the manager offering the motion
    (Nov. 21, 1989, p. 30814).

      The division of time for debate on a motion to dispose of a Senate
    amendment reported from conference in disagreement under this provision
    does not extend to separate debate on an amendment thereto, which is
    governed by the general hour rule (clause 2 of rule XVII) (Sept. 17,
    1992, p. 25437).

    [[Page 923]]

    the availability of reports to Members, Delegates, and the Resident
    Commissioner may be considered by the House on the same day it is
    reported by the Committee on Rules.

    Sec. 1087. Waiver.

      (e)  Under clause 6(a)(2) of rule XIII, a
    resolution proposing only to waive a requirement of this clause
    concerning

      This provision was added in the 94th Congress to former clauses 2(a)
    and 2(b)(1) of rule XXVIII (Feb. 26, 1976, p. 4625). When the House
    recodified its rules in the 106th Congress, those provisions in former
    clauses 2(a) and 2(b)(1) permitting immediate consideration of a
    resolution from the Committee on Rules only waiving the layover
    requirement were consolidated into this provision (H. Res. 5, Jan. 6,
    1999, p. 47).

    Sec. 1088. Conferees may report germane modification of
    amendment in nature of substitute within scope of
    differences.

      9.  Whenever a disagreement to an amendment has been
    committed to a conference committee, the managers on the part of the
    House may propose a substitute that is a germane modification of the
    matter in disagreement. The introduction of any language presenting
    specific additional matter not committed to the conference committee by
    either House does not constitute a germane modification of the matter in
    disagreement. Moreover, a conference report may not include matter not
    committed to the conference committee by either House and may not
    include a modification of specific matter committed to the conference
    committee by either or both Houses if that modification is beyond the
    scope of that specific matter as committed to the conference committee.

    [[Page 924]]

      This provision (formerly clause 3 of rule XXVIII) is derived from
    section 135(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812) and originally was made a part of the standing rules on January 3,
    1953 (p. 24). The clause was revised on January 22, 1971 (p. 144)
    following the passage of the Legislative Reorganization Act of 1970 (84
    Stat. 1140), which carried a similar provision in section 125(b). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 3 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p.
    47).

      Where one House strikes out of a bill of the other all after the
    enacting clause and inserts a new text, House managers, under the
    restrictions of this clause, may not agree to the deletion of certain
    language committed to conference if the effect of such deletion results
    in broadening the scope of the matter in disagreement (Dec. 14, 1971, p.
    46779). Where one House authorizes certain funds for a fiscal year and
    the other House authorizes a lesser amount for that year as well as
    additional funds for the subsequent year, and neither version contains
    an overall amount, House managers do not exceed their authority under
    this rule by including in the report the amount authorized by one House
    for the first year and the other House for the subsequent year, even
    though the total authorization resulting from this compromise exceeds
    that possible under either version (June 8, 1972, p. 20281). Where a
    House version authorized endowment payments for certain colleges and the
    Senate version conferred land-grant college status on those institutions
    and contained a higher endowment figure, House conferees remained within
    their authority under this clause by accepting the Senate provision on
    land-grant status and the lower House figure for endowment payments
    (Speaker Albert, June 8, 1972, p. 20280). Where the House version of a
    bill contained provisions for local funding of merit schools, but
    neither version contained a provision for State funding, a motion to
    recommit to conference with instructions to provide State funding for
    merit schools was held to exceed the scope of the differences committed
    to conference (Sept. 30, 1992, p. 29126). A conference report containing
    a provision that the joint statement of managers described as having no
    counterpart in either the House bill or Senate amendment was held to
    exceed scope (Nov. 14, 2002, pp. 22408, 22409).

      Although the scope of differences committed to conference--where one
    House has amended an existing law and the other House has implicitly
    taken the position of existing law by remaining silent on the subject--
    may properly be measured between those issues presented in the amending
    language and comparable provisions of existing law, the inclusion in a
    conference report of new matter not specifically contained in the
    amending version and not demonstrably contained in existing law may be
    ruled out as an additional issue not committed to conference in
    violation of this clause (Speaker Albert, Dec. 20, 1974, p. 41849). Thus
    where one House has amended an existing law and the other House has
    implicitly taken the position of existing law by only authorizing sums
    for the purpose of existing law, the scope of differences committed to
    conference may be measured between issues presented in the amending
    language and relevant provisions of the existing law; but the inclusion
    in a conference report of requirements and issues incorporated into
    existing law that were not contained in either version and that are not
    repetitive of existing law may be ruled out in violation of this
    paragraph (Speaker O'Neill, Oct. 14, 1977, pp. 33770-73).

    [[Page 925]]

    tive consistency where it is not shown that its effect is to broaden the
    scope of the language beyond the differences committed to conference, as
    where the report waives provisions of law for all programs in the bill
    and the House version waives those provisions for one section of the
    bill only (the Senate having no comparable provision) but the scope of
    programs covered by the report was coextensive with those in the
    designated section of the House version (Speaker Albert, May 1, 1975, p.
    12752). The conferees may include language clarifying and limiting the
    duties imposed on an official by one House's version where that
    modification does not expand the authority conferred in that version or
    contained in existing law (the position of the other House) (Speaker
    Albert, July 29, 1975, p. 25515) and may confer broader authority on an
    official than that contained in one House's version if such authority is
    coextensive with the authority contained in existing law that the other
    House has retained (Apr. 13, 1976, p. 10803). Where the Senate version
    authorized citizen suits to enforce existing law except where Federal
    officials were pursuing enforcement proceedings and the House version,
    with no comparable provision, retained existing law that did not permit
    such suits, the conferees exceeded the scope of the differences by
    further prohibiting citizen suits where State officials were pursuing
    enforcement proceedings--a new exception allowing State preemption of
    citizen suits (Sept. 27, 1976, p. 33019). A point of order was sustained
    against a motion to instruct conferees that directed them to agree to
    matter violating this clause: the House bill created an energy trust
    fund composed of certain revenues to be distributed by subsequent
    legislation; the Senate amendment created a similar trust fund with
    suggested but not mandated distribution, and the motion directed House
    conferees to insist on a mandatory allocation of revenues in question
    among specified purposes, some of which were not addressed in the Senate
    amendment (Feb. 28, 1980, p. 4304).
      A mere change in phraseology in a conference report (from language in
    either the House or Senate version) may be permitted to achieve legisla

    [[Page 926]]

    2005, pp. 25322, 25323 (sustained by tabling of appeal); Dec. 7, 2005,
    p. 27706) not contained in the House bill or Senate amendment. Such
    motion also may not instruct managers to include funding for a program
    above both of the respective amounts in the House bill and Senate
    amendment for that program (Dec. 7, 2005, pp. 27706, 27707 (sustained by
    tabling of appeal)). Similarly, a motion to recommit a conference report
    may not instruct conferees to expand definitions to include classes not
    covered under the House bill or Senate amendment (Sept. 29, 1994, p.
    26781) or to include provisions not contained in the House bill or
    Senate amendment (Dec. 21, 1995, p. 38138). A waiver of all points of
    order against a conference report to accompany a measure and against its
    consideration does not inure to instructions contained in a motion to
    recommit such measure to conference (Sept. 29, 1994, p. 26781). Some
    latitude does remain with House managers to eliminate specific words or
    phrases contained in either version and add words or phrases not
    included in either version so long as they remain within the scope of
    the differences committed to conference and do not incorporate
    additional topics, issues, or propositions not committed to conference
    (Speaker Albert, Sept. 28, 1976, pp. 33020-23).
      Before the revision of this clause in 1971, 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
    substitute (VIII, 3266) and exercise broad discretion in incorporating
    germane amendments (VIII, 3263-3265), even to the extent of reporting a
    new bill germane to the subject (V, 6421, 6423, 6424; VIII, 3248).
    However, the present language of the rule prohibits the inclusion in a
    conference report or in a motion to instruct House conferees of
    additional topics not committed to conference by either House or beyond
    the scope of the differences committed to conference; and the precedents
    predating the adoption of this clause in 1971 must be read in light of
    the explicit restrictions now contained in the clause (Sept. 27, 1976,
    p. 32719). As such, a conference report may not include a new topic or
    issue that, although germane, was not committed to conference by either
    House (Mar. 25, 1992, p. 6843; Apr. 9, 1992, p. 9022). For example, a
    motion to instruct conferees on a general appropriation bill may not
    instruct the conferees to include either a funding limitation (Sept. 13,
    1994, p. 24402) or a change in income tax law (Nov. 8,

      For a discussion of the remedy where managers exceed their authority,
    see Sec. 547, supra.

    Sec. 1089. Nongermane matter in conference
    agreements and amendments in disagreement.

      10. (a)(1)  A Member, Delegate, or
    Resident Commissioner may raise a point of order against nongermane
    matter, as specified in subparagraph (2), before the commencement of
    debate on--

          (A) a conference report;

          (B) a motion that the House recede from its disagreement to a
    Senate amendment reported in disagreement by a conference committee and
    concur therein, with or without amendment; or

    [[Page 927]]

          (C) a motion that the House recede from its disagreement to a
    Senate amendment on which the stage of disagreement has been reached and
    concur therein, with or without amendment.

      (2) A point of order against nongermane matter is one asserting that a
    proposition described in subparagraph (1) contains specified matter that
    would violate clause 7 of rule XVI if it were offered in the House as an
    amendment to the underlying measure in the form it was passed by the
    House.

      (b) If a point of order under paragraph (a) is sustained, a motion
    that the House reject the nongermane matter identified by the point of
    order shall be privileged. Such a motion is debatable for 40 minutes,
    one-half in favor of the motion and one-half in opposition thereto.

      (c) After disposition of a point of order under paragraph (a) or a
    motion to reject under paragraph (b), any further points of order under
    paragraph (a) not covered by a previous point of order, and any
    consequent motions to reject under paragraph (b), shall be likewise
    disposed of.

      (d)(1) If a motion to reject under paragraph (b) is adopted, then
    after disposition of all points of order under paragraph (a) and any
    consequent motions to reject under paragraph (b), the conference report
    or motion, as the case may be, shall be considered as rejected and the
    matter remaining in disagreement shall be disposed of under subparagraph
    (2) or (3), as the case may be.

    [[Page 928]]

      (2) After the House has adopted one or more motions to reject
    nongermane matter contained in a conference report under the preceding
    provisions of this clause--

          (A) if the conference report accompanied a House measure amended
    by the Senate, the pending question shall be whether the House shall
    recede and concur in the Senate amendment with an amendment consisting
    of so much of the conference report as was not rejected; and

          (B) if the conference report accompanied a Senate measure amended
    by the House, the pending question shall be whether the House shall
    insist further on the House amendment.

      (3) After the House has adopted one or more motions to reject
    nongermane matter contained in a motion that the House recede and concur
    in a Senate amendment, with or without amendment, the following motions
    shall be privileged and shall have precedence in the order stated:

          (A) A motion that the House recede and concur in the Senate
    amendment with an amendment in writing then available on the floor.

          (B) A motion that the House insist on its disagreement to the
    Senate amendment and request a further conference with the Senate.

          (C) A motion that the House insist on its disagreement to the
    Senate amendment.

    [[Page 929]]

    point of order under this paragraph shall be disposed of according to
    the preceding provisions of this clause in the same manner as a point of
    order under paragraph (a).

      (e) If, on a division of the question on a motion described in
    paragraph (a)(1)(B) or (C), the House agrees to recede, then a Member,
    Delegate, or Resident Commissioner may raise a point of order against
    nongermane matter, as specified in paragraph (a)(2), before the
    commencement of debate on concurring in the Senate amendment, with or
    without amendment. A

      The provision (formerly clause 4 of rule XXVIII) addressing nongermane
    matter in conference reports was included as part of the revision of
    former rules XX and XXVIII that took place effective at the end of the
    92d Congress (H. Res. 1153, Oct. 13, 1972, p. 36023). The same
    resolution repealed the former clause 3 of rule XX, which had been
    enacted as part of the Legislative Reorganization Act of 1970 to
    restrict the authority of House conferees to agree without prior
    permission of the House to Senate amendments that would violate clause 7
    of rule XVI if offered in the House. The provision (formerly clause 5 of
    rule XXVIII) addressing nongermane matter in amendments in disagreement
    was added on April 9, 1974 (H. Res. 998, 93d Cong., pp. 10195-99, which
    deleted from clause 1 of rule XX and transferred to former clause 5 of
    rule XXVIII the procedures concerning disposition of Senate nongermane
    amendments). The provision was amended on April 9, 1974 (H. Res. 998,
    93d Cong., pp. 10195-99) in order to make this clause applicable to
    matters originally contained in Senate bills sent to conference, and not
    merely to Senate amendments to House bills in conference. The provision
    was further amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp.
    7-16) to provide that if the conference report is considered read under
    this rule, a point of order under this clause must be made immediately
    upon consideration of the conference report. When the House recodified
    its rules, it consolidated former clauses 4 and 5 of rule XXVIII under
    this clause (H. Res. 5, Jan. 6, 1999, p. 47).

    Sec. 1090. Nongermane matter in conference
    agreements.

      The  procedure provided in this clause for addressing
    nongermane matter in conference reports was first utilized on September
    11, 1973 (pp. 29243-46), when the Chair sustained two points of order
    against portions of a conference report that were modifications of
    portions of a Senate amendment in the nature of a substitute not germane
    to a House bill. If any motion to reject is adopted under this clause
    and the matter then pending before the House consists of numbered Senate
    amendments in disagreement, the pending question is whether to dispose
    of each Senate amendment not rejected as recommended in the conference
    report and to insist on disagreement to those amendments that have been
    rejected.

    [[Page 930]]

    and not the proponent of the motion, has the right to close debate
    thereon (Oct. 15, 1986, p. 31502).
      Where a point of order against a portion of a conference report has
    been sustained under this clause, the Speaker will not entertain another
    point of order against the report or against another portion thereof
    until a motion to reject the portion held nongermane (if made) has been
    disposed of (Speaker Albert, Dec. 15, 1975, p. 40671). The Member
    representing the conference committee in opposition to a motion to
    reject under this clause,

      Once a motion to reject a nongermane portion has been adopted by the
    House and the Speaker has recognized a Member to offer a motion
    comprising the pending question under this clause, the report is
    rejected and it is too late to make a point of order against the entire
    conference report under clause 9 (formerly clause 3) of this rule
    (Speaker Albert, Dec. 15, 1975, p. 40671).

      Where possible, the Speaker rules on points of order against
    conference reports that, if sustained, will vitiate the entire
    conference report (as under clause 9 of this rule or under the
    Congressional Budget Act of 1974) before entertaining points of order
    under this clause (Speaker Albert, Sept. 23, 1976, p. 32099).

    Sec. 1091. Nongermane matter in amendments in
    disagreement.

      The  provisions of this clause addressing nongermane matter
    in amendments in disagreement was first utilized on July 31, 1974 (p.
    26083), when the Chair sustained a point of order against a portion of a
    motion to recede and concur in a Senate amendment (reported from
    conference in disagreement) with a further amendment, on the ground that
    that portion of the Senate amendment contained in the motion was not
    germane to the House-passed measure, and a motion rejecting that portion
    of the motion to recede and concur with an amendment was offered and
    defeated. This clause is not applicable to a provision contained in a
    motion to recede and concur with an amendment that was not contained in
    any form in the Senate version and that is not therefore a modification
    of the Senate provision, the only requirement in such circumstances
    being that the motion as a whole be germane to the Senate amendment as a
    whole under clause 7 of rule XVI (Oct. 4, 1978, p. 33502; June 30, 1987,
    p. 18294). A point of order under clause 4 (formerly clause 5(a)) of
    rule XXI (appropriations on a legislative bill) against a motion to
    dispose of a Senate amendment in disagreement (as by concurring therein
    with a House amendment carrying an appropriation) which, if sustained,
    would vitiate the entire motion, must be disposed of before a point of
    order against a nongermane amendment in disagreement under this clause
    which, if sustained, would merely permit a separate vote on rejection of
    that portion of the motion (Oct. 1, 1980, pp. 28638-42).

    Sec. 1092. Tax complexity analysis.

      11.  It shall not be in
    order to consider a conference report to accompany a bill or joint
    resolution that proposes to amend the Internal Revenue Code of 1986
    unless--

    [[Page 931]]

    prepared by the Joint Committee on Internal Revenue Taxation in
    accordance with section 4022(b) of the Internal Revenue Service
    Restructuring and Reform Act of 1998; or
          (a) the joint explanatory statement of the managers includes a tax
    complexity analysis

          (b) the chair of the Committee on Ways and Means causes such a tax
    complexity analysis to be printed in the Congressional Record before
    consideration of the conference report.

      The Internal Revenue Service Restructuring and Reform Act of 1998
    (sec. 4022, P.L. 105-206) added this provision as a new clause 7 of rule
    XXVIII. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). When the House recodified
    its rules in the 106th Congress, this provision was transferred to
    clause 11 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47).

    Sec. 1093. Open conference meetings.

      12. (a)(1)  Subject to
    subparagraph (2), a meeting of each conference committee shall be open
    to the public.

      (2) In open session of the House, a motion that managers on the part
    of the House be permitted to close to the public a meeting or meetings
    of their conference committee shall be privileged, shall be decided
    without debate, and shall be decided by the yeas and nays.

      (3) In conducting conferences with the Senate, managers on the part of
    the House should endeavor to ensure--

          (A) that meetings for the resolution of differences between the
    two Houses occur only under circumstances in which every manager on the
    part of the House has notice of the meeting and a reasonable opportunity
    to attend;

    [[Page 932]]

    cussion at any meeting of a conference committee; and
          (B) that all provisions on which the two Houses disagree are
    considered as open to dis

          (C) that papers reflecting a conference agreement are held
    inviolate to change without renewal of the opportunity of all managers
    on the part of the House to reconsider their decisions to sign or not to
    sign the agreement.

      (4) Managers on the part of the House shall be provided a unitary time
    and place with access to at least one complete copy of the final
    conference agreement for the purpose of recording their approval (or
    not) of the final conference agreement by placing their signatures (or
    not) on the sheets prepared to accompany the conference report and joint
    explanatory statement of the managers.

      (b) A point of order that a conference committee failed to comply with
    paragraph (a) may be raised immediately after the conference report is
    read or considered as read. If such a point of order is sustained, the
    conference report shall be considered as rejected, the House shall be
    considered to have insisted on its amendments or on disagreement to the
    Senate amendments, as the case may be, and to have requested a further
    conference with the Senate, and the Speaker may appoint new conferees
    without intervening motion.

    [[Page 933]]

    70) to require that conference meetings be open except where the House
    by record vote determines that a meeting may be closed, to allow a point
    of order against a conference report where the conferees have violated
    this clause, and to provide for subsequent disposition of the matter
    reported from conference should such a point of order be sustained. It
    was further amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp.
    7-16) to provide that if the conference report is considered read under
    this rule, a point of order under this clause must be made immediately
    upon consideration of the conference report. Before the House recodified
    its rules in the 106th Congress, the former version of this provision
    was found in former clause 6 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p.
    47). In the 108th Congress the record vote by which the motion is to be
    decided was particularized to be by the yeas and nays (sec. 2(u), H.
    Res. 5, Jan. 7, 2003, p. 7). Subparagraphs (a)(3) and (4) were added in
    the 110th Congress (sec. 303(a), H. Res. 6, Jan. 4, 2007, p. 19 (adopted
    Jan. 5, 2007)).
      This clause as originally added to former rule XXVIII on January 14,
    1975 (H. Res. 5, 94th Cong., p. 20) provided that conference committee
    meetings be open except where a majority of the managers of the House or
    Senate voted to close the meeting, and provided that the clause not
    become effective until the Senate adopted a similar rule. The Senate
    adopted an identical rule on November 5, 1975 (p. 35203). The clause was
    substantially changed on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-

      At any time after a bill has been sent to conference, a motion
    pursuant to this clause authorizing a conference committee to close its
    meetings to the public is privileged for consideration in the House and
    must be voted on by a record vote (now the yeas and nays) (Speaker
    O'Neill, May 23, 1977, pp. 15880-84; Apr. 13, 1978, p. 10128). Although
    a motion to close a conference committee meeting ``to the public''
    would, under the precedents (see V, 6254, fn. 1), exclude Members who
    were not conferees, a motion may be offered as privileged under this
    clause to authorize a conference committee to close its meetings to the
    public, except to Members of Congress (Speaker O'Neill, May 23, 1977,
    pp. 15880-84).

      In response to a parliamentary inquiry, the Chair stated that, under
    the rules and precedents of the House, a conference report must be the
    product of an actual meeting of the managers appointed by the two Houses
    (Oct. 30, 2003, p. 26413, p. 26443). Although the Chair does not
    normally look behind signatures of conferees to determine the propriety
    of conference procedure, if proposed conferees have signed a conference
    report before they have been formally appointed in both Houses and do
    not meet formally in open session after such appointment, the conference
    report is subject to a point of order under this clause resulting in an
    automatic request for a further conference (Dec. 20, 1982, p. 32896).
    Also, conferees on the part of the House are entitled to reasonable
    notice of and opportunity to attend a meeting of the conference
    committee (July 20, 2000, p. 15657). The adoption of paragraphs (a)(3)
    and (a)(4) in the 110th Congress imposed additional considerations on
    conference committees. However, a point of order will not lie against a
    conference report called up under an order of the House that has waived
    all points of order against consideration of the conference report (July
    20, 2000, p. 15654; Oct. 30, 2003, p. 26452).

    [[Page 934]]

      Clause 11(k) of rule X provides that this provision does not apply to
    conference committee meetings respecting legislation (or any part
    thereof) reported by the Permanent Select Committee on Intelligence.

    Sec. 1094. Text of conference reports.

      13.   It shall not be
    in order to consider a conference report the text of which differs in
    any way, other than clerical, from the text that reflects the action of
    the conferees on all of the differences between the two Houses, as
    recorded by their placement of their signatures (or not) on the sheets
    prepared to accompany the conference report and joint explanatory
    statement of the managers.

      This clause was added in the 110th Congress (sec. 303(b), H. Res. 6,
    Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)).