[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 51. Senate Bills; Amendments Between the Houses]
[From the U.S. Government Printing Office, www.gpo.gov]


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         CHAPTER 51 - SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES

                              HOUSE PRACTICE

           I. Disposition of Senate Bills on the Speaker's Table

  Sec.  1. In General
  Sec.  2. By Motion
  Sec.  3. By Unanimous Consent
  Sec.  4. By Special Rule
  Sec.  5. Referral to Committee
  Sec.  6. -- Speaker's Discretion

                           II. Senate Amendments

              A. Before the Stage of Disagreement

  Sec.  7. In General; Referral to Committee
  Sec.  8. Consideration in the House
  Sec.  9. Consideration in Committee of the Whole
  Sec. 10. Consideration by Order of the House
  Sec. 11. -- By Special Rule
  Sec. 12. -- By Unanimous Consent
  Sec. 13. -- By Suspension of the Rules
  Sec. 14. -- By Sending to Conference
  Sec. 15. Motions; Precedence Before Stage of Disagreement

              B. Reaching the Stage of Disagreement

  Sec. 16. In General

              C. After the Stage of Disagreement; Motions

  Sec. 17. In General; Privilege of Motions
  Sec. 18. Motions in Order; Precedence of Motions
  Sec. 19. -- To Lay on the Table
  Sec. 20. -- To Recede and Concur
  Sec. 21. -- To Recede and Concur with Amendment
  Sec. 22. -- To Insist
  Sec. 23. -- To Refer to Committee

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  Sec. 24. -- To Adhere
  Sec. 25. Debate; Recognition
  Sec. 26. Disposition of Nongermane Senate Provisions

                 III. House Amendments to Senate Measures

  Sec. 27. In General; Degree of Amendment
  Sec. 28. Germaneness Requirements
  Sec. 29. Amending House-passed Amendments; Receding, Insisting, 
  Adhering
        Research References
          4 Hinds Sec. Sec. 3090, 3108-3111, 4795-4808
          5 Hinds Sec. Sec. 6163-6253, 6308, 6310, 6324
          6 Cannon Sec. 730;
          7 Cannon Sec. Sec. 799, 819, 825;
          8 Cannon Sec. Sec. 3177-3208, 3211
          Deschler-Brown Ch 32
          Manual Sec. Sec. 485-488, 519, 521-529, 873, 874, 1069-1076

           I. Disposition of Senate Bills on the Speaker's Table


  Sec. 1 . In General

      The House and Senate must agree on every detail of a bill before 
  it can be enrolled and presented to the President. U.S. Const. art. 1, 
  Sec. 7. The inability of the two Houses to agree on even the slightest 
  amendment to a bill causes the loss of the bill. 5 Hinds Sec. 6233.
      Senate bills and joint resolutions messaged from the Senate to the 
  House go to the Speaker's table for disposition pursuant to rule XIV 
  clause 2. Under this rule, Senate bills may be referred by the Speaker 
  to the appropriate standing committees in the same manner as public 
  bills introduced by the Members. Manual Sec. Sec. 873, 874; see 
  Sec. Sec. 5, 6, infra. However, Senate bills and resolutions that are 
  ``substantially the same'' as House measures favorably reported, and 
  not required to be considered in the Committee of the Whole, may be 
  disposed of in the House by motion authorized by the reporting 
  committee. Rule XIV clause 2; see Sec. 2, infra. Senate bills that do 
  not satisfy the conditions specified by that rule may be called up 
  under unanimous-consent, suspension of the rules, or special rule, but 
  not by motion. 95-2, Feb. 23, 1978, p 4480; Sec. Sec. 3, 4, infra. 
  Simple resolutions of the Senate that do not require House action are 
  not referred. 7 Cannon Sec. 1048.

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  Sec. 2 . By Motion

                                 Generally

      Under rule XIV clause 2, a Senate bill or resolution received in 
  the House after a House measure ``substantially the same'' has been 
  reported favorably and placed on the House Calendar or Private 
  Calendar is privileged. It may be called up from the Speaker's table 
  for consideration on motion directed by all reporting committees 
  having initial jurisdiction of the House bill. Manual Sec. 873; 4 
  Hinds Sec. Sec. 3097, 3101, 3102; 6 Cannon Sec. Sec. 727, 734. The 
  fact that a House bill substantially the same as the Senate bill has 
  already passed the House and gone to the Senate does not detract from 
  the privilege of the Senate bill under the rule. 6 Cannon Sec. 734. 
  Under the modern practice, this rule is rarely used because few 
  measures qualify (most bills and joint resolutions reported in the 
  House are referred to the Union Calendar).
      The motion to call up the Senate bill is not subject to the 
  question of consideration but is subject to a point of order if the 
  conditions specified by the rule are not satisfied. 8 Cannon 
  Sec. 2443. The prerequisites of the rule are:

     The Senate bill must be substantially the same as the House 
         bill. 4 Hinds Sec. Sec. 3098, 3099, 3107-3111; 6 Cannon 
         Sec. 737.
     The Senate bill must not require consideration in the 
         Committee of the Whole, and, if private, must not involve an 
         appropriation. 4 Hinds Sec. Sec. 3101; 3102.
     The Senate bill must come to the House after the House bill is 
         placed on the calendar. 4 Hinds Sec. 3096; 6 Cannon Sec. 738.
     The House bill must be on the House Calendar or Private 
         Calendar (not the Union Calendar). 4 Hinds Sec. Sec. 3089, 
         3097.
     Under rule XIV clause 2, all reporting committees having 
         initial jurisdiction of the House measure must authorize the 
         calling up of the Senate bill from the Speaker's table. Manual 
         Sec. 873.

      In determining whether the House bill is substantially the same as 
  the Senate bill, amendments recommended by the House committee must be 
  considered. 6 Cannon Sec. Sec. 734, 736. Although a committee must 
  authorize the calling up of the Senate bill, the actual motion need 
  not be offered by a member of the committee. 4 Hinds Sec. 3100; 6 
  Hinds Sec. 739. The authority of a committee to call up a bill must be 
  given at a formal meeting of the committee. 8 Cannon Sec. Sec. 2211, 
  2212.
      Although the rule has been interpreted to apply to private Senate 
  bills that do not involve an appropriation (4 Hinds Sec. 3102), in 
  modern practice Senate private bills on the Speaker's table are 
  considered by unanimous con

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  sent during the call of the Private Calendar, whether they are 
  substantially the same as a House-passed private bill or not.

                                   Form

      The Member authorized by the committee to call up the Senate bill 
  rises and addresses the Chair:

      Member: Mr. Speaker, by direction of the Committee on __________, 
    I call from the Speaker's table Senate bill S. ____, a bill of 
    similar tenor, H.R. ____, having been reported and placed on the 
    House Calendar.
      Speaker: The gentleman calls from the Speaker's table the bill S. 
    ____, which the Clerk will report.

                            Floor Consideration

      Senate bills called up under this procedure are considered under 
  the general rules of the House, the Member in charge being recognized 
  for one hour. 6 Cannon Sec. 738. The procedure is as follows:

     The bill is read in full.
     The Member in charge uses or allots the hour to which he is 
         entitled.
     If the previous question is not moved at the expiration of the 
         first hour, another Member may be recognized for an hour.


  Sec. 3 . By Unanimous Consent

      A Senate measure may be taken from the Speaker's table and called 
  up for consideration in the House by unanimous consent. Deschler-Brown 
  Ch 32 Sec. Sec. 3.4, 4.4, 4.5. Consideration in the House by unanimous 
  consent is permitted even where the Senate measure ordinarily would 
  require consideration in the Committee of the Whole. Deschler-Brown Ch 
  32 Sec. 3.7.
      A unanimous-consent request to consider a Senate bill on the 
  Speaker's table may provide for its consideration in the House under 
  the hour rule. It also may include a provision that a specified 
  amendment be considered as pending. 97-2, Oct. 1, 1982, pp 27362, 
  27365-68.
      The House also may agree to a unanimous-consent request to take a 
  Senate bill from the Speaker's table and to strike all after the 
  enacting clause and insert in lieu thereof certain text. Deschler-
  Brown Ch 32 Sec. 3.4. For the Speaker's guidelines for recognition of 
  a unanimous-consent request to consider a Senate measure on the 
  Speaker's table, see Manual Sec. 956 and Recognition.


  Sec. 4 . By Special Rule

      The House may adopt a resolution reported from the Committee on 
  Rules that provides for consideration in the House of a Senate bill on 
  the

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  Speaker's table, even if the measure otherwise would require 
  consideration in the Committee of the Whole. Deschler-Brown Ch 32 
  Sec. 3.5.
      The Committee on Rules may report a special rule permitting 
  consideration in the House of a Senate measure from the Speaker's 
  table and preclude all intervening motions except, in the case of a 
  bill or joint resolution, the motion to recommit as protected by rule 
  XIII clause 6(c). Deschler Ch 21 Sec. 27; see Special Orders of 
  Business.
      In one instance, where the Senate had passed a bill dealing with 
  two subjects and the House then passed separate bills on each subject, 
  the House by a special rule amended the Senate bill with the combined 
  texts of the House-passed bills. 93-2, Aug. 21, 1974, p 29653.


  Sec. 5 . Referral to Committee

      Under rule XIV clause 2(b), the Speaker, in his discretion, may 
  refer Senate bills to committees in the same manner as public bills 
  originating in the House (as described in rule XII clause 2) unless 
  the Senate bills qualify for consideration under rule XIV clause 2(d). 
  Manual Sec. Sec. 873, 874; 6 Cannon Sec. 727; Sec. 2, supra. Simple 
  resolutions from the Senate that do not require any action by the 
  House are not referred. 7 Cannon Sec. 1048. For a discussion of 
  referral of House bills with Senate amendments, see Sec. 7, infra.


  Sec. 6 . -- Speaker's Discretion

      It is the practice to refer promptly bills messaged from the 
  Senate. Nevertheless, rule XIV clause 2(b) is merely discretionary and 
  not mandatory. Manual Sec. 873; 4 Hinds Sec. 3111. Furthermore, the 
  length of time such bills may remain on the Speaker's table before 
  being referred is within the Speaker's discretion. 6 Cannon Sec. 727. 
  Under the modern practice, the Speaker may hold a Senate bill at the 
  table when a comparable House bill has been reported or ordered 
  reported by a House committee or when the Senate measure violates a 
  House rule (such as the rule against commemorations, rule XII clause 
  5) or the Constitution (such as the origination clause, article 1, 
  section 7). For a discussion of referral of House bills with Senate 
  amendments, see Sec. 7, infra.

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                           II. Senate Amendments

                    A. Before the Stage of Disagreement


  Sec. 7 . In General; Referral to Committee

                         Referrals by the Speaker

      Senate amendments to House bills messaged from the Senate normally 
  remain at the Speaker's table to be disposed of by unanimous consent, 
  by special rule, or by motion. However, before consideration of any 
  motions to dispose of Senate amendments, the Speaker has the authority 
  under rule XIV clause 2 to refer such amendments to the appropriate 
  committees and to impose any conditions permitted by rule XII clause 
  2, such as a time limitation for committee consideration. Manual 
  Sec. Sec. 528a, 873. For example, the Speaker may refer only a portion 
  of the Senate amendment to the standing committee with subject matter 
  jurisdiction, without referring the remainder of the Senate amendment 
  to the committee with jurisdiction over the original House bill. 
  Deschler-Brown Ch 32 Sec. 5.29.
      The Speaker may hold at the desk or refer Senate amendments that 
  remain undisposed of after House action. For example, the Chair 
  indicated that should a resolution providing for concurring in Senate 
  amendments to a House bill be rejected, the bill and amendments would 
  remain on the Speaker's table for further action by the House. 
  Deschler-Brown Ch 32 Sec. 5.45. Likewise, if objection is made to a 
  unanimous-consent request to disagree to the amendments and agree to a 
  conference, the Speaker is not required to send the bill and 
  amendments directly to the committee having jurisdiction thereof. He 
  may hold the bill on the table until the Committee on Rules has an 
  opportunity to act or until the House takes other action. Deschler-
  Brown Ch 32 Sec. 5.5.

                            Referrals By Motion

      A motion to refer a Senate amendment that is under debate may be 
  offered pursuant to rule XVI clause 4. Manual Sec. 916. That motion 
  takes precedence over the motions to agree, disagree, or amend. Manual 
  Sec. 528b; 5 Hinds Sec. Sec. 6172-6174. Pursuant to rule XIX clause 2, 
  the motion to refer is in order even after the previous question has 
  been ordered on a motion to concur in the Senate amendment. However, a 
  motion to commit under clause 2 does not apply to a motion to dispose 
  of a Senate amendment after the stage of disagreement where the motion 
  to commit is used to displace a pending preferential motion. Manual 
  Sec. 1002.

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                         Referrals By Special Rule

      A Senate amendment may be referred to a standing committee 
  pursuant to the terms of a special rule from the Committee on Rules. 
  Deschler-Brown Ch 32 Sec. 5.33.


  Sec. 8 . Consideration in the House

      Under rule XXII clause 2, House bills with Senate amendments that 
  do not require consideration in the Committee of the Whole may be 
  disposed of as the House may determine by privileged motion. Manual 
  Sec. 1071. This rule is applied to Senate amendments to House 
  amendments as well as to Senate amendments to House bills. Deschler-
  Brown Ch 32 Sec. 6.1. This rule is rarely used because few measures 
  qualify (most Senate amendments require consideration in the Committee 
  of the Whole because they raise revenue or they directly or indirectly 
  make appropriations of money or property). Manual Sec. 528a.


  Sec. 9 . Consideration in Committee of the Whole

      House bills with Senate amendments that require consideration in 
  the Committee of the Whole may not be called up in the House as 
  privileged for immediate consideration before the stage of 
  disagreement. Manual Sec. 528a; 6 Cannon Sec. 731. The only exception 
  is a motion to ask or agree to a conference under rule XXII clause 1. 
  4 Hinds Sec. Sec. 3149, 3150; 8 Cannon Sec. Sec. 3185, 3194. Reaching 
  the stage of disagreement, see Sec. 16, infra.
      Under rule XXII clause 3, an amendment of the Senate to a House 
  bill is subject to the point of order that it first must be considered 
  in the Committee of the Whole if, originating in the House, it would 
  be subject to that point of order. Manual Sec. Sec. 1072-1074. The 
  point of order permitted by this rule applies only before the stage of 
  disagreement has been reached on the Senate amendment. It is too late 
  to raise a point of order that Senate amendments should have been 
  considered in Committee of the Whole after the House has disagreed 
  thereto and the amendments have been reported from conference. Manual 
  Sec. 1073.
      Because of these restrictions against immediate consideration of 
  Senate amendments in the House, it was at one time common practice to 
  refer such amendments to the appropriate standing committee. 6 Cannon 
  Sec. 731. After committee consideration, they were taken up in the 
  Committee of the Whole. 4 Hinds Sec. Sec. 3108, 3109. Under the modern 
  practice, most Senate amendments are disposed of by a special order 
  reported from the Committee on Rules, by unanimous consent, or under 
  suspension of the rules. Sec. Sec. 11-13, infra.

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  Sec. 10 . Consideration by Order of the House

      If the House agrees to a request to take up a Senate amendment 
  before the stage of disagreement, and if the request specifies the 
  disposition sought (to concur, to amend, or to disagree), only that 
  action is in order. Such a special request does not place the Senate 
  amendment before the House for any alternative disposition. If, on the 
  other hand, a Senate amendment is placed before the House by unanimous 
  consent or a special rule merely ``for consideration,'' various 
  motions are in order in the following order of priority: to concur 
  with an amendment, to concur, or to disagree. A motion to concur with 
  an amendment can itself be amended, if the motion for the previous 
  question is rejected, to propose another amendment. Similarly, where 
  the House has adopted a special rule providing for the consideration 
  in the House of a motion to concur in Senate amendments that otherwise 
  require consideration in the Committee of the Whole, only the motion 
  to concur, made in order by the special rule, is in order. Other 
  motions to dispose of the Senate amendments may not be offered as 
  privileged pending, or even after rejection, of that motion. The 
  rejection of such a motion does not result in disagreement to that 
  amendment or permit disposition of that amendment by other motions 
  (the stage of disagreement not having been reached). Deschler-Brown Ch 
  32 Sec. 5.34.


  Sec. 11 . -- By Special Rule

                                 Generally

      Resolutions from the Committee on Rules may be used to authorize 
  the consideration in the House of a motion to dispose of a Senate 
  amendment before the stage of disagreement that would otherwise 
  require consideration in the Committee of the Whole. Such rules often 
  authorize the chairman of a designated committee to offer a specified 
  motion to dispose of the Senate amendments, waive all points of order 
  against the motion, provide that the Senate amendments and the motion 
  be considered as read, divide control of an hour of debate on the 
  motion, and order the previous question to adoption without 
  intervening motion or demand for division of the question. At this 
  stage, the special order need not protect the motion to recommit 
  because the bill is not at the stage of initial passage and thus rule 
  XIII clause 6(c)

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  does not apply. Manual Sec. 859. Illustrative rules from the Committee 
  on Rules have provided for:

     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in sundry Senate amendments. 
         107-2, H. Res. 444, June 18, 2002, p ____.
     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in a Senate amendment with an 
         amendment printed in the report of the Committee on Rules 
         accompanying the rule. 107-2, H. Res. 390, Apr. 18, 2002, p 
         ____.
     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in each of the sundry Senate 
         amendments with respective amendment printed in the report of 
         the Committee on Rules accompanying the rule. 107-2, H. Res. 
         347, Feb. 14, 2002, p ____.
     Consideration of any motion offered by the Majority Leader to 
         dispose of any Senate amendments. 105-1, H. Res. 262, Nov. 10, 
         1995, p 32112.
     A motion to concur in Senate amendments considered as pending 
         immediately upon adoption of the rule. Deschler Ch 21 
         Sec. 27.15.
     Consideration of a reported bill and consideration, after 
         passage, of Senate amendments to another House bill, so as to 
         commit the matters contained in both House-passed bills to one 
         conference with the Senate. 95-2, Sept. 29, 1978, p 32664.

      If a motion for the previous question is voted down on a 
  resolution providing for consideration of the Senate amendments, the 
  resolution is open to germane amendment. Deschler Ch 21 Sec. 27.18. If 
  a resolution providing for concurring in Senate amendments to a House 
  bill before the stage of disagreement is rejected, the bill and 
  amendments remain on the Speaker's table for further action by the 
  House. Deschler Ch 21 Sec. 27.20.

                         ``Hereby'' Special Rules

      On occasion the Committee on Rules has recommended a so-called 
  ``hereby'' special rule. Such a rule, if adopted by the House, orders 
  a disposition of a Senate amendment, often before the stage of 
  disagreement. Such a resolution eliminates the need for a motion to 
  dispose of the amendment. Such rule is sometimes referred to as a 
  ``hereby'' special order because the House, in adopting the resolution 
  as drafted, ``hereby'' agrees to the disposition of the amendment as 
  proposed by that resolution. If the House adopts a resolution, no 
  further action by the House is required. The amendment is never itself 
  before the House for separate consideration.

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   Deschler Ch 21 Sec. Sec. 27.16, 27.19. Illustrative ``hereby'' rules 
  from the Committee on Rules have provided for:

     Hereby disposition of Senate amendments in three ways: (1) by 
         disagreeing to several designated amendments; (2) by concurring 
         with a specified amendment to one designated amendment; and (3) 
         by concurring in the remainder of the amendments. 99-2, Oct. 
         17, 1986, p 32982.
     Hereby disposition of sundry Senate amendments as follows: (1) 
         by disagreeing to several designated amendments and agreeing to 
         a conference requested by the Senate on those amendments; and 
         (2) by concurring in other designated amendments. Deschler Ch 
         21 Sec. 27.27.
     Hereby disagreement to Senate amendments and to message such 
         action to the Senate without intervening motion. Deschler-Brown 
         Ch 32 Sec. 5.40.
     Hereby concurrence in Senate amendments. Deschler Ch 21 
         Sec. 27.19.
     Hereby concurrence in a Senate amendment with a designated 
         amendment. Deschler Ch 21 Sec. 27.19; 107-2, H. Res. 450, June 
         26, 2002, p ____.

      Special orders of this nature may include provisions for a motion 
  to dispose of Senate amendments as well as ``hereby'' provisions 
  applicable to a related proposition. Illustrative rules from the 
  Committee on Rules have provided for:

     ``Hereby'' concurrence in a Senate amendment with a specified 
         amendment, ``hereby'' adoption of a related concurrent 
         resolution, and preclusion of the Clerk from transmitting the 
         Senate a message regarding the disposition of the Senate 
         amendment until the House has received a message that the 
         Senate has agreed to the concurrent resolution as adopted by 
         the House. 104-2, H. Res. 336, Jan. 5, 1996, pp 36, 380, 381.
     Consideration of a motion to concur in a Senate amendment and 
         also ``hereby'' adopting a separate resolution expressing the 
         legislative intent of the House in concurring in the Senate 
         amendment. 99-2, Sept. 12, 1986, p 23119.

      The adoption of a ``hereby'' resolution disposing of a Senate 
  amendment obviates the requirement of consideration in Committee of 
  the Whole under rule XXII clause 3 that would otherwise apply. Manual 
  Sec. 1072.

                   Special Rules and Motion to Recommit

      Rule XIII clause 6 precludes the Rules Committee from preventing a 
  motion to recommit with instructions a bill or joint resolution on 
  which the previous question has been ordered to passage. Manual 
  Sec. 857. Under that stricture, the Rules Committee may not propose 
  that the House ``hereby'' pass a bill or joint resolution or provide 
  for initial passage thereof without intervening motion. The Rules 
  Committee has reported resolutions that ultimately deny a motion to 
  recommit on the disposition of a Senate amendment. See, e.g., 107-2, 
  H. Res. 450, June 26, 2002, p ____.

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  Sec. 12 . -- By Unanimous Consent

                                 Generally

      Senate amendments may be considered in the House by unanimous 
  consent, even though such amendments normally would require 
  consideration in Committee of the Whole. Typically, the House will 
  agree by unanimous consent to take from the Speaker's table a House 
  bill with Senate amendments and concur in or otherwise dispose of the 
  amendments or permit the consideration of those amendments in the 
  House. Deschler-Brown Ch 32 Sec. 5.7.
      This procedure may be invoked to permit the House to consider a 
  Senate amendment and concur therein with an amendment consisting of 
  the text of a House-passed bill. 95-1, May 11, 1977, p 14390. In one 
  instance, pursuant to a single unanimous-consent request, the House 
  amended a Senate amendment with the text of another bill introduced in 
  the House, insisted on the House amendment, and requested a 
  conference. 97-2, Mar. 16, 1982, p 4227. In another instance, the 
  House by unanimous consent made in order the consideration of a motion 
  to disagree to any Senate amendment that might be added to a House-
  passed bill then pending in the Senate. Subsequently, pursuant to this 
  authority, the House considered and adopted a motion disagreeing to a 
  Senate amendment. 99-2, Aug. 15, 1986, p 22132.

                        Guidelines for Recognition

      Recognition for unanimous consent to consider a Senate amendment 
  on the Speaker's table may be subject to announced guidelines imposed 
  by the Speaker as a precondition to such recognition. Manual Sec. 956. 
  The Speaker has indicated that he would entertain a unanimous-consent 
  request for the disposition of a Senate amendment to a House-passed 
  bill on the Speaker's table only if made by the chairman of the 
  committee with jurisdiction, or by another committee member authorized 
  to make the request.

                    Form of Request as Affecting Votes

      The pendency of a unanimous-consent request to take from the 
  Speaker's table a measure with a Senate amendment and concur in the 
  amendment precludes the necessity for a vote on the amendment because 
  the amendment would be disposed of if the request is granted. 
  Deschler-Brown Ch 32 Sec. Sec. 5.11, 9.14. The failure of a Member to 
  object to the unanimous-consent request constitutes final House action 
  on the measure, thereby precluding a vote on the amendment. However, a 
  unanimous-consent request invoked merely to consider a Senate 
  amendment in the House permits a vote on a

[[Page 840]]

  subsequent motion to concur in the Senate amendment. Deschler-Brown Ch 
  32 Sec. 5.14.


  Sec. 13 . -- By Suspension of the Rules

      The House may consider a proposition, offered under suspension of 
  the rules, taking a House bill with one or more Senate amendments from 
  the Speaker's table and concurring in, disagreeing to, or making some 
  other disposition of, the amendment(s). Deschler-Brown Ch 32 
  Sec. 5.25.
      A motion to suspend the rules and take a House bill with Senate 
  amendments from the Speaker's table and concur in the amendments with 
  a designated amendment may state the language of the designated 
  amendment (95-1, July 12, 1977, p 22483) or, more likely, may set 
  forth the designated amendment in the text of a resolution. Deschler-
  Brown Ch 32 Sec. 5.22. The House also has agreed to a motion to 
  suspend the rules and agree to a resolution whereby the House agreed 
  to the Senate amendment with a further amendment, insisted on the 
  House amendment, and requested a conference with the Senate. 98-2, 
  Aug. 8, 1984, p 22963.
      The suspension procedure in such cases does not require a 
  resolution when the language to be voted on directly is in the Senate 
  message and the House is not originating new language. For example, 
  the House has agreed to a motion to suspend the rules and take from 
  the Speaker's table a Senate bill with a Senate amendment to House 
  amendments thereto, and to concur in the Senate amendment. 95-1, Oct. 
  18, 1977, pp 34086, 34087, 34091.


  Sec. 14 . -- By Sending to Conference

      House bills returned with Senate amendments requiring 
  consideration in the Committee of the Whole may be taken from the 
  Speaker's table and sent to conference by unanimous consent. 6 Cannon 
  Sec. 732. Such amendments also may be sent to conference by motion 
  under the provisions of rule XXII clause 1 if the House is in 
  possession of the official papers. Deschler-Brown Ch 29 Sec. 17.1. 
  That rule provides that a motion to disagree with an amendment of the 
  Senate to a House proposition and to request or agree to a conference 
  with the Senate is always in order if the Speaker, in his discretion, 
  recognizes for that purpose and if the motion is made by direction of 
  the committee having jurisdiction of the subject matter of the 
  proposition. Manual Sec. Sec. 1069, 1070. On a bill that has been 
  referred to more than one committee, the motion must be authorized by 
  the primary committee and all committees of initial referral reporting 
  thereon. A committee of sequential referral need not authorize a 
  motion made by direction of the

[[Page 841]]

  committee that reported the bill. Manual Sec. 1070; generally, see 
  Conferences Between the Houses.
      While a privileged motion to go to conference under rule XXII 
  clause 1 is pending, preferential motions to concur or to concur with 
  amendment are not in order (the stage of disagreement not having been 
  reached). Deschler-Brown Ch 32 Sec. 5.


  Sec. 15 . Motions; Precedence Before Stage of Disagreement

      The stage of disagreement not having been reached on a Senate 
  amendment, motions in the House to dispose of the amendment are not 
  privileged and require unanimous consent or a special rule from the 
  Committee on Rules, the only exception being a motion to ask or agree 
  to a conference under rule XXII clause 1. Deschler-Brown Ch 32 
  Sec. 5.34. However, if a Senate amendment is considered pursuant to an 
  order of the House that does not specify the motion to be considered, 
  the amendment may then be disposed of by invoking one of the motions 
  shown in Chart No. 1 (Sec. 16, infra). Such motions are available in 
  the specified sequence and are arranged in order of precedence. Manual 
  Sec. 528b.
      The relative preference of motions at this stage favors allowing 
  the House to perfect the amendment; that is, to first consider any 
  amendments to the Senate amendment before considering whether to agree 
  or disagree to it. Thus, at this stage, the motion to concur with an 
  amendment takes precedence over the motion to concur. Manual 
  Sec. 528b. These motions yield to the motion under rule XXII clause 1 
  to disagree and send to conference, which must be made by direction of 
  the pertinent committees.
      A motion in the House to dispose of a Senate amendment to a House 
  bill is itself subject to the secondary motions ordinarily applicable 
  to any question that is under debate--to table, to postpone to a day 
  certain, to refer, and to amend--all of which remain privileged under 
  rule XVI clause 4, the last three yielding to the motion for the 
  previous question. Manual Sec. 528b. Thus, an amendment to a motion to 
  concur in a Senate amendment with an amendment may not be offered 
  unless the Member having the floor yields for that purpose, or unless 
  a motion for the previous question on the motion is defeated. 
  Deschler-Brown Ch 32 Sec. 11.20.
      Where a motion to recede and concur in an amendment reported from 
  conference in disagreement is divided on demand, and the House votes 
  to recede, the motion to concur with an amendment may be offered as 
  preferential to the motion to concur (the House having retreated from 
  the stage of disagreement). If the motion to concur with an amendment 
  is rejected, the question recurs on the original proposal to concur in 
  the Senate amend

[[Page 842]]

  ment. Deschler-Brown Ch 32 Sec. 9.16. On rejection of a motion to 
  concur in a pending Senate amendment, a motion to concur with an 
  amendment or a motion to disagree is in order. Deschler-Brown Ch 32 
  Sec. 9.17.
      A motion to concur in a Senate amendment with an amendment (before 
  the stage of disagreement) is not subject to a demand for a division 
  of the question. 8 Cannon Sec. 3176. Divisibility after the stage of 
  disagreement, see Sec. Sec. 20, 21, infra.


                   B. Reaching the Stage of Disagreement


  Sec. 16 . In General

      Reaching the stage of disagreement is a critical threshold in the 
  disposition of amendments between the Houses. Before the stage of 
  disagreement is reached on Senate amendments, motions in the House to 
  dispose of amendments that require consideration in Committee of the 
  Whole are not privileged and require unanimous consent unless other 
  action is made in order by special rule or by the prescription in rule 
  XXII clause 1, relating to motions to ask or agree to a conference. 
  Sec. Sec. 8, 11, 15, supra. After the stage of disagreement has been 
  reached, motions in the House to resolve the matter in disagreement 
  are privileged and do not require unanimous consent for their 
  consideration. Sec. 17, infra. The stage of disagreement having been 
  reached, a bill with Senate amendments may be called up as privileged 
  when the House is in possession of the papers. 8 Cannon Sec. 3194.

      Whether the House has reached the stage of disagreement also is 
  important in determining the kinds of motions that may be sought and 
  the precedence thereof. These motions (Manual Sec. 528) are shown in 
  Chart No. 1 and are listed in preferential order.

[[Page 843]]

  
  


      The stage of disagreement between the two Houses is reached when 
  the House has either disagreed to the Senate amendments or has 
  insisted on its own amendments to a Senate measure and has messaged 
  that action to the Senate. Manual Sec. Sec. 528a, 1074. For example, 
  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. Manual Sec. 1074.
      The House has reached the stage of disagreement on a bill when it 
  has disagreed to a Senate amendment or insisted on a House amendment 
  (with or without requesting or agreeing to a conference) and has 
  informed the Senate of its action by message. Only previous insistence 
  or disagreement by the House itself (and not merely disagreement, 
  insistence, or amendment

[[Page 844]]

  by the Senate) places the House in disagreement. Manual 
  Sec. Sec. 528a, 528c; Deschler-Brown Ch 32 Sec. 7.5.
      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. Manual Sec. 528c. Where a Senate amendment 
  reported from conference in disagreement remains in disagreement 
  following subsequent action by the House and the Senate, a further 
  motion to dispose of that Senate amendment in the House is privileged 
  under rule XXII clause 4 and subject to one hour of debate. Manual 
  Sec. 1075.


                C. After the Stage of Disagreement; Motions


  Sec. 17 . In General; Privilege of Motions

      Under rule XXII clause 4, once the stage of disagreement has been 
  reached and the House is in possession of the papers, motions in the 
  House to resolve the matter in disagreement are privileged and no 
  longer require unanimous consent for their consideration. Deschler-
  Brown Ch 32 Sec. 7.3. For example, the House having disagreed to a 
  Senate amendment and the Senate having insisted thereon, motions to 
  dispose of the matter in disagreement are privileged for consideration 
  in the House.
      Once the stage of disagreement has been reached between the two 
  Houses on an amendment, motions in the House to dispose of the matter 
  at subsequent permissible stages of amendment remain privileged. For 
  example, where the House concurred in a Senate amendment to a House 
  bill with an amendment, insisted on the House amendment and requested 
  a conference, and the Senate then concurred in the House amendment 
  with a further amendment, the matter was privileged for further 
  disposition in the House because the stage of disagreement had been 
  reached. Deschler-Brown Ch 32 Sec. 7.5.


  Sec. 18 . Motions in Order; Precedence of Motions

                                 Generally

      The stage of disagreement having been reached on a Senate 
  amendment, the amendment is subject to disposition in the House by 
  various motions. The primary motions to dispose of the amendment, 
  arranged in preferential

[[Page 845]]

  order, are shown in Chart No. 1 (Sec. 16, supra). Manual Sec. 528d. 
  These motions have precedence in the order shown without regard to the 
  order in which they might be offered. 5 Hinds Sec. 6324. A demand for 
  the previous question by the Member in charge of a bill does not 
  preclude consideration of a preferential motion to dispose of the 
  amendment in disagreement. 8 Cannon Sec. 3204.
      In theory, once at the stage of disagreement, preferential status 
  is accorded to a motion that tends most directly to bring the Houses 
  into agreement. 8 Cannon Sec. 3204; Deschler-Brown Ch 32 Sec. 7.8. 
  Thus, the stage of disagreement having been reached, a motion to 
  recede and concur takes precedence over a motion to recede and concur 
  with an amendment and a motion to insist on disagreement, because the 
  motion to recede and concur most promptly tends to bring the two 
  Houses together. Manual Sec. 528d.
      For a discussion of the preferential status of a motion to insist 
  on disagreement to a Senate amendment reported from conference in 
  disagreement, where the original motion to dispose of the matter 
  portends legislation on an appropriation bill within the jurisdiction 
  of another committee, see rule XXII clause 8(b)(3); Manual Sec. 1084; 
  Conferences Between the Houses. Where the matter in disagreement is a 
  House amendment, see Sec. 29, infra.

                             Secondary Motions

      Secondary motions applicable when any question is under debate, 
  such as the motion to table, to refer, or to postpone, are available 
  to dispose of a Senate amendment and are in order when preferential. 
  Manual Sec. 911. The motion to table a Senate amendment in 
  disagreement is preferential over other motions to dispose of the 
  amendment. Sec. 19, infra. The motion to refer a Senate amendment is 
  preferential only to the motion to adhere to disagreement. Manual 
  Sec. 528d. A motion to recommit with instructions to report back 
  forthwith with an amendment may not be offered after the previous 
  question has been ordered on a motion to recede and concur, a motion 
  of higher privilege. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5. 
  Motions to postpone, either to a day certain or indefinitely, may be 
  presumed to have the lowest privilege with respect to a Senate 
  amendment after the stage of disagreement has been reached. Manual 
  Sec. 528d.


  Sec. 19 . -- To Lay on the Table

      The stage of disagreement having been reached, a motion to table a 
  Senate amendment to a House bill is in order and takes precedence over 
  other motions to dispose of the amendment, including the motion to 
  insist on disagreement. Adoption of a motion to table the amendment 
  carries the

[[Page 846]]

  bill to the table. Manual Sec. 528d; 5 Hinds Sec. Sec. 5424, 6201-
  6203; Deschler-Brown Ch 32 Sec. 7.22.
      Laying on the table a motion to dispose of a Senate amendment 
  should be distinguished from the tabling of the Senate amendment 
  itself. Manual Sec. Sec. 528d, 914. A privileged motion to dispose of 
  a Senate amendment in disagreement is itself subject to the motion to 
  table. Manual Sec. 519. Thus, a motion to recede and concur is subject 
  to the motion to table (Deschler-Brown Ch 32 Sec. 7.27), as is the 
  motion to recede and concur with an amendment (Deschler-Brown Ch 32 
  Sec. 7.26). A motion to table a privileged motion to dispose of an 
  amendment between the Houses is in order before debate thereon or at 
  the end of debate (and before the previous question is ordered). 
  Manual Sec. 914; 5 Hinds Sec. Sec. 5393-5395.
      Adoption of a motion to table a motion to dispose of an amendment 
  represents final adverse disposition of that motion at that stage of 
  the question, but would not necessarily dispose of the amendment or 
  the bill, because other motions could still be available to dispose of 
  the amendment. See Deschler-Brown Ch 32 Sec. 7.10.


  Sec. 20 . -- To Recede and Concur

                                In General

      After the stage of disagreement has been reached, a motion to 
  recede and concur is highly preferential, yields only to a motion to 
  table (Sec. 19, supra), and takes precedence over:

     A motion to recede and concur with an amendment. 8 Cannon 
         Sec. Sec. 3198, 3202.
     A motion to insist on disagreement. 5 Hinds Sec. 6208; 8 
         Cannon Sec. 3194.
     A motion to disagree (or insist) and request a conference. 
         Manual Sec. 528d.
     A motion to adhere. 5 Hinds Sec. 6271.

      A motion to recede and concur is in order even after a motion for 
  the previous question has been demanded on a motion of lesser 
  privilege, such as a motion to insist. 5 Hinds Sec. 6208.
      If the House agrees to the motion to recede and concur, other less 
  preferential motions to dispose of the amendment fall and are not 
  voted upon. Deschler-Brown Ch 32 Sec. 10.25. However, if the House 
  rejects the motion to recede and concur, further action must be taken 
  to dispose of the amendment. Manual Sec. 488. If the motion to recede 
  and concur in the Senate amendment is defeated, a further motion 
  relating to the amendment in disagreement is in order. Deschler-Brown 
  Ch 32 Sec. 10.27. If a motion to insist on disagreement to the Senate 
  amendment was pending, the question would recur on that motion. 
  Deschler-Brown Ch 32 Sec. 10.28.

[[Page 847]]

                           Dividing the Question

      The question on a motion to recede and concur in a Senate 
  amendment may be divided on demand of any Member. 8 Cannon Sec. 3203. 
  The division may be demanded as a matter of right under rule XVI 
  clause 5. Manual Sec. 921. The House does not vote on whether to 
  permit a division of the question. Deschler-Brown Ch 32 Sec. 10.11.
      If the question on receding and concurring is divided before the 
  ordering of the previous question, the hour rule for debate applies to 
  each motion separately. See Deschler-Brown Ch 32 Sec. Sec. 8.1, 10.13.
      If the question has been divided and the motion to recede is 
  agreed to, then the question of concurring is before the House. 
  Deschler-Brown Ch 32 Sec. 10.20. However, the House having receded, it 
  is no longer in the stage of disagreement with the Senate on that 
  amendment, and in that event a motion to amend takes precedence over 
  the motion to concur. 5 Hinds Sec. Sec. 6209, 6210; 8 Cannon 
  Sec. 3198. Thus, where a motion to recede and concur has been divided, 
  and the House recedes, a motion to concur with an amendment then takes 
  precedence over the motion to concur, is considered as pending if part 
  of the original motion, and is voted on first. Manual Sec. 528d.


  Sec. 21 . -- To Recede and Concur With Amendment

      A Senate amendment in disagreement is subject to disposition in 
  the House pursuant to a motion to recede from disagreement and concur 
  in the amendment with an amendment. See, e.g., 97-1, May 20, 1981, p 
  10319. This motion ordinarily yields to the motion to recede and 
  concur but takes precedence over the motion to insist and over the 
  motion to adhere. Manual Sec. 528d; 5 Hinds Sec. Sec. 6219-6223; 8 
  Cannon Sec. Sec. 3200, 3202.
      A motion to recede and concur with an amendment is subject to 
  amendment if the motion for the previous question is voted down or if 
  the Member in control of the floor yields for that purpose. Deschler-
  Brown Ch 32 Sec. Sec. 11.19, 11.21. Where one motion to recede and 
  concur with an amendment is rejected, another motion to recede and 
  concur with a different amendment may be offered. Deschler-Brown Ch 32 
  Sec. 11.12.
      A motion to recede from disagreement to a Senate amendment and 
  concur therein with an amendment may, on demand of any Member, be 
  divided to permit separate votes; the House votes first on the motion 
  to recede, and (if the House does recede) then on the motion to concur 
  with an amendment. 94-1, Oct. 7, 1975, p 32064; 99-1, Nov. 1, 1985, pp 
  30147, 30163. If the House refuses to recede, the motion to further 
  insist is in order. Sec. 22, infra.

[[Page 848]]

  Sec. 22 . -- To Insist

      A Senate amendment in disagreement may be disposed of pursuant to 
  a motion to insist on disagreement or a compound motion to insist on 
  disagreement and request a (further) conference. Because the motion to 
  insist on disagreement and request a conference is more likely to 
  bring the two Houses together, that motion takes precedence over the 
  simple motion to insist. Manual Sec. 528d. Where both Houses insist 
  and neither House asks for a conference or recedes, the bill fails. 5 
  Hinds Sec. 6228.
      A motion to insist on disagreement to a Senate amendment yields to 
  preferential motions, such as a motion to recede and concur in the 
  amendment but takes precedence over the motion to refer. 5 Hinds 
  Sec. 6225; 8 Cannon Sec. 3183. A motion to insist on disagreement and 
  request a further conference is not in order so long as preferential 
  motions to dispose of amendments in disagreement are pending. 
  Deschler-Brown Ch 33 Sec. 29.50.
      The motion to insist on disagreement is in order and most commonly 
  used after the House has refused to recede from disagreement to a 
  Senate amendment. See, e.g., Deschler-Brown Ch 32 Sec. Sec. 12.2, 
  12.9. Thus where the House refuses to recede from its disagreement to 
  a Senate amendment--the motion to recede and concur having been 
  divided on demand of a Member--the motion to insist on disagreement is 
  in order. Deschler-Brown Ch 32 Sec. 12.10. Underlying these precedents 
  is the reasoning that because the refusal of the House to recede is 
  not equivalent to insisting upon disagreement, the House may vote 
  separately on that question pursuant to the motion to insist on 
  disagreement. Deschler-Brown Ch 32 Sec. 12.8.
      A motion to insist on disagreement and request a further 
  conference may be in order after the rejection of a conference report 
  or after the conference managers have reported a Senate amendment in 
  disagreement. Deschler-Brown Ch 32 Sec. Sec. 11.13, 12.13. For 
  example, on rejection of a motion to recede and concur in a Senate 
  amendment with an amendment, the manager may be recognized to offer a 
  motion that the House insist on its disagreement to the amendment. 96-
  1, May 23, 1979, p 12489. Where a motion to recede and concur with an 
  amendment to an amendment reported in disagreement from conference has 
  been divided, and the motion to recede is rejected, the manager is 
  entitled to recognition to offer a motion to insist on disagreement. 
  94-1, Sept. 24, 1975, pp 30081, 30082.
      Rejection of a motion to insist on disagreement to a Senate 
  amendment is not tantamount to concurrence. Further action is required 
  to dispose of the Senate amendment. Indeed, a motion to insist having 
  been rejected, the same Member who had offered the motion may be 
  recognized, absent recognition of another Member, to offer a motion to 
  recede and concur. Desch

[[Page 849]]

  ler-Brown Ch 32 Sec. 12.8. Similarly, the rejection of a motion to 
  recede and concur is not equivalent to the adoption of a motion that 
  the House insist on disagreement. Deschler-Brown Ch 32 Sec. 12.5.
      Under rule XXII clause 8(b)(3), a motion to insist on disagreement 
  to a Senate amendment to a general appropriation bill reported in 
  disagreement by a conference committee is preferential and separately 
  debatable if the original motion to dispose of the Senate amendment 
  proposes to change existing law and the motion to insist is timely 
  offered by the chairman of a committee of jurisdiction or a designee. 
  Under clause 8(b)(3), the previous question is considered as ordered 
  on such motion to its adoption without intervening motion. Manual 
  Sec. 1084.


  Sec. 23 . -- To Refer to Committee

      A Senate amendment in disagreement may be disposed of pursuant to 
  a motion to refer (or recommit) to committee when and if such motion 
  is preferential. The simple motion to refer is preferential only to 
  the motion to adhere. Manual Sec. 528d. The motion to refer must yield 
  to motions of higher preferential status, such as the motion to recede 
  and concur and the motion to insist. 5 Hinds Sec. 6225; 8 Cannon 
  Sec. 3259. A motion to recommit with instructions may be offered, but 
  it too must yield to preferential motions to dispose of the amendment. 
  Thus, a motion to recommit with instructions to report back forthwith 
  with an amendment may not be offered after the previous question has 
  been ordered on a motion to recede and concur, a motion of higher 
  privilege. Manual Sec. 1002; 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, so that, after the previous question 
  is ordered on a motion to concur, a motion to recommit with 
  instructions to amend would be in order. 8 Cannon Sec. 2744.


  Sec. 24 . -- To Adhere

      Where the House has expressed its disagreement to a Senate 
  amendment and the amendment remains in disagreement after a Senate 
  response thereto, a motion that the House adhere to its disagreement 
  is in order. See, e.g., 5 Hinds Sec. 6239. The motion to adhere is 
  rarely used in modern practice, but when both Houses have insisted, 
  neither inclining to recede, it is in order. This motion yields to 
  motions of higher precedence, such as the motion to recede and concur 
  and the motion to insist. Manual Sec. 528d; 5 Hinds Sec. 6324. When 
  both Houses adhere, the bill fails, even though the disagreement may 
  be over a very minor amendment. 5 Hinds Sec. Sec. 6163, 6233-6240, 
  6313, 6324, 6325.

[[Page 850]]

      The adoption of a motion of higher preferential status--to recede 
  from disagreement to the amendment--precludes a motion to adhere to 
  the same amendment. However, the House may recede from its 
  disagreement to certain amendments and adhere to it as to other 
  amendments to the same bill. 5 Hinds Sec. 6229; for adherence to House 
  amendments, see Sec. 29, infra.
      Adherence is to be distinguished from insistence in that adherence 
  represents an uncompromising position and may not be accompanied by a 
  request for a conference. The House that votes to adhere does not ask 
  for a conference, although it may agree to one, whereas the other 
  House may vote to insist and, at the same time, seek a conference. 5 
  Hinds Sec. Sec. 6241, 6308. One House, having adhered, may recede from 
  its adherence and agree to a conference asked by the other, or it may 
  vote to further adhere. 5 Hinds Sec. 6251.


  Sec. 25 . Debate; Recognition

      Debate in the House on a privileged motion to dispose of a Senate 
  amendment in disagreement is under the hour rule. Deschler-Brown Ch 32 
  Sec. 8.1. Under rule XXII clause 8(d), when an amendment is reported 
  from conference in disagreement, the Speaker recognizes the manager of 
  the report for a motion to dispose of the amendment. The motion is 
  debatable for one hour, equally divided between the majority and 
  minority (and sometimes a third Member). See Conferences Between the 
  Houses. The equal division of debate between the majority and minority 
  parties under clause 8(d) technically applies only to conference 
  reports and to motions to dispose of amendments reported from 
  conference in disagreement and does not apply to the Member offering 
  the initial motion to dispose of an amendment in disagreement that has 
  not been reported from conference but that is subsequently before the 
  House. Deschler-Brown Ch 32 Sec. 7.4. However, the current practice in 
  the House is to divide the time in this fashion on all motions to 
  dispose of amendments still in disagreement following a conference. 
  Manual Sec. 1086.
      Although a motion to dispose of the amendment in disagreement may 
  be displaced by a preferential motion, the Member offering the 
  preferential motion does not thereby gain control of time for debate. 
  Deschler-Brown Ch 33 Sec. 29.12. For example, although the motion to 
  concur in a Senate amendment takes precedence over the motion to 
  disagree where the stage of disagreement has been reached, the Member 
  offering the preferential motion does not thereby gain control of the 
  time for debate, which remains in the control of the proponent of the 
  original motion under the hour rule. Deschler-Brown Ch 32 Sec. 7.14. 
  Similar rules are applied to amendments re

[[Page 851]]

  ported from conference in disagreement; that is, the proponent of the 
  preferential motion does not thereby gain control of the time for 
  debate. Deschler-Brown Ch 32 Sec. 8.1.
      Although the manager of a conference report is entitled to prior 
  recognition to offer motions to dispose of amendments in disagreement, 
  he is not entitled to offer two motions, one preferential to the 
  other, to be pending at the same time. However, where the first motion 
  to insist on disagreement has been superseded by a preferential motion 
  to recede and concur, then the initial motion is no longer pending. 
  When the House votes to recede on the first portion of that divided 
  question, the manager may be recognized to offer another motion to 
  concur with an amendment, which would be preferential to the remaining 
  proposal to concur. Deschler-Brown Ch 32 Sec. 8.2. This is to be 
  contrasted with the situation where the bill manager offers a motion 
  to dispose of a Senate amendment that is rejected by the House. In 
  that case, recognition to offer a subsequent motion to dispose of the 
  pending Senate amendment shifts to a Member who led the opposition to 
  the rejected motion. See Manual Sec. 954.


  Sec. 26 . Disposition of Nongermane Senate Provisions

      Under rule XXII clause 10, points of order may be made and 
  separate votes demanded on motions to reject portions of conference 
  reports and Senate amendments in disagreement containing language that 
  would not have been germane if offered in the House. Clause 10 permits 
  points of order against language in a conference report that was 
  originally in a Senate bill and that would not have been germane if 
  offered to the House-passed version, and permits a separate motion to 
  reject such portion of the conference report if found nongermane. 
  Manual Sec. Sec. 931, 1089, 1090. Clause 10 permits a similar 
  procedure if a Senate amendment or portion thereof would have been 
  nongermane if offered in the House. Motions to reject under these 
  clauses are subject to 40 minutes of debate, equally divided between a 
  proponent and an opponent of the motion. Manual Sec. Sec. 1089, 1090; 
  see Germaneness. Under the modern practice, conference reports are 
  considered pursuant to a special rule that waives all points of order 
  against the conference report and its consideration, including rule 
  XXII clause 10.

                 III. House Amendments to Senate Measures


  Sec. 27 . In General; Degree of Amendment

      A Senate bill may be subject to amendment by the House when the 
  bill is called up in the House pursuant to a unanimous-consent request 
  or a mo

[[Page 852]]

  tion authorized by a special rule from the Committee on Rules. 
  Sec. Sec. 2-4, supra. A Senate amendment to a House measure also is 
  subject to amendment by the House. The motion to concur with an 
  amendment is in order before the stage of disagreement, and the motion 
  to recede and concur with an amendment is in order after the stage of 
  disagreement. Sec. Sec. 15, 21, supra. As pointed out elsewhere, 
  however, an amendment to an amendment to an amendment is in the third 
  degree and not in order absent unanimous consent, suspension of the 
  rules, or a special rule providing such procedure. See Amendments. 
  This rule governs the two Houses, according to Jefferson's Manual, and 
  is applicable to amendments between the Houses, as shown in Chart No. 
  2. Manual Sec. 529.
  
  
      Where a bill of one House is amended by the other, the originating 
  House may respond with an amendment, and the second House may offer an 
  amendment to that amendment, but there the process stops; any further 
  amendment is in the third degree and not in order. 5 Hinds Sec. 6163. 
  An amendment of one House being amended by the other, the first 
  amending

[[Page 853]]

  House may amend the last amendment, but further amendment is not 
  permissible. 5 Hinds Sec. Sec. 6176-6178. Thus, where a Senate 
  amendment to a House bill has been reported in disagreement, and a 
  House amendment thereto is amended by a further Senate amendment, 
  motions in the House to agree or disagree to the Senate amendment to 
  the House amendment are in order, but a motion to concur with a 
  further amendment would be in the third degree and not in order. 
  Deschler-Brown Ch 32 Sec. 6.4. Likewise, where there is pending in the 
  House a motion to amend a Senate amendment to a House amendment to a 
  Senate bill, and the House adopts the motion, the Senate may then 
  either concur in or disagree to the House amendment, but a further 
  Senate amendment would be in the third degree. 94-1, Dec. 15, 1975, pp 
  40711, 40712. However, a conference report recommending amendments at 
  this stage is not subject to a point of order that the amendments are 
  in the third degree.
      The House may consider a third-degree amendment by unanimous 
  consent, under suspension of the rules, or pursuant to a special order 
  from the Committee on Rules. Unanimous-consent requests have been used 
  to seek consideration of amendments in the fourth or fifth degree. 99-
  2, Mar. 20, 1986, p 5796. If the House adopts an amendment pursuant to 
  such a procedure, the Senate may consider itself no longer bound by 
  Jefferson's proscription against third-degree amendments and amend 
  further.


  Sec. 28 . Germaneness Requirements

      An amendment offered in the House to a Senate amendment (that 
  merely inserts new matter and does not strike House provisions) must 
  ordinarily be germane to the particular Senate amendment to which it 
  is offered, its germaneness to the provisions of the bill being 
  insufficient. Manual Sec. 931; 5 Hinds Sec. 6188. The test of 
  germaneness of an amendment in the nature of a substitute to a Senate 
  amendment--proposed in a motion to concur therein with an amendment--
  is the relationship between the proposed amendment in its entirety and 
  the Senate amendment (and not the relationship between any one 
  provision of the amendment and any one provision of the Senate 
  amendment). Manual Sec. 931.
      A motion to recede and concur in a Senate amendment with an 
  amendment must be germane to the Senate amendment. Deschler-Brown Ch 
  28 Sec. 27.1. However, where a Senate amendment proposes to strike 
  language in a House bill, the test of the germaneness of a motion to 
  recede and concur with an amendment is the relationship between the 
  language in the motion and the provisions in the House bill proposed 
  to be stricken by the Senate

[[Page 854]]

  amendment, as well as to the matter to be inserted by the Senate 
  amendment. Deschler-Brown Ch 28 Sec. 27.9.
      Rule XXII clause 10 permits points of order against portions of 
  motions to concur or concur with amendment in nongermane Senate 
  amendments, the stage of disagreement having been reached. If such 
  points of order are sustained, the rule permits separate motions to 
  reject such nongermane matter. Manual Sec. Sec. 1089-1091; for more 
  comprehensive discussion, see Germaneness of Amendments.


  Sec. 29 . Amending House-passed Amendments; Receding, Insisting, 
            Adhering

                                 Generally

      Jefferson reasoned that, although the House may modify an 
  amendment from the Senate, the House cannot amend its own amendment 
  ``because they have, on the question, passed it in that form.'' Manual 
  Sec. 526. Thus, although the House may recede from or insist on its 
  own amendment, it may not couple an amendment with such an action. 5 
  Hinds Sec. 6163. Indeed, few motions are available to enable the House 
  to act on its own amendment to a Senate measure. These motions (Manual 
  Sec. 528b), which are used primarily when the Senate has disagreed to 
  the House amendment, are as follows:

     To recede.
     To insist and request or agree to a conference.
     To insist.
     To adhere.

      These motions have precedence in the House in the order named 
  without regard to the order in which they might be offered. 5 Hinds 
  Sec. 6324. Accordingly, the Senate having disagreed to a House 
  amendment, the House may recede from or insist on its own amendment. 
  When both Houses have insisted, neither inclining to recede, it is in 
  order to adhere. 5 Hinds Sec. 6163.

                                 Receding

      The House may recede from its own amendment to a Senate bill by 
  motion or by unanimous consent. Manual Sec. 524; Deschler-Brown Ch 32 
  Sec. Sec. 10.3, 10.5. If the House recedes from its own amendment, the 
  bill is passed unamended, unless the Senate has concurred in the House 
  amendment with a Senate amendment. Deschler-Brown Ch 32 Sec. 10. If 
  the House recedes from its amendment to a Senate amendment, further 
  House action is in order: the House may either concur in the Senate 
  amendment or amend it. Manual Sec. 528d.

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      The stage of disagreement having been reached on a House amendment 
  to a Senate amendment to a House proposition, the House may recede 
  from its amendment and, having receded, may then concur in the Senate 
  amendment with a different amendment (and such separate actions are 
  not tantamount to the House's receding from its own amendment with an 
  amendment as proscribed by Jefferson's Manual). Manual Sec. 526. Of 
  course, where the House has previously concurred in a Senate amendment 
  with an amendment, the House does not, merely by receding from its 
  amendment, concur in the Senate amendment. Manual Sec. 524.

                                 Insisting

      The motion to insist on a House amendment yields to the motion to 
  recede therefrom. 5 Hinds Sec. 6270. However, where both Houses insist 
  and neither asks for a conference or recedes, the bill fails. 5 Hinds 
  Sec. 6228.
      The compound motion to insist on a House amendment and request or 
  agree to a conference takes precedence over simple motions to insist 
  or to adhere. Preferential status is accorded to the compound motion 
  because of the greater likelihood that it will resolve the differences 
  between the two Houses. Manual Sec. 528b.

                                 Adhering

      Although it has been permitted, adherence before the stage of 
  disagreement has been extremely rare and is used infrequently under 
  the modern practice, even after the stage of disagreement. 5 Hinds 
  Sec. 6303. The motion to adhere to an amendment is the least-
  privileged motion, yielding to the motion to recede and the motion to 
  insist. In addition, the ordinary motions applicable to any question 
  that is under debate--to table, to postpone to a day certain, and to 
  refer--remain privileged under rule XVI clause 4. Manual Sec. 528b.
      It has been held that after the previous question has been moved 
  on a motion to adhere, a motion to recede may not be offered. 5 Hinds 
  Sec. 6310.

         Effect of Adherence; Adherence as Related to Conferences

      When both Houses adhere--one House adhering to its amendment and 
  the other to its disagreement therewith--the bill fails. 5 Hinds 
  Sec. Sec. 6163, 6313, 6325. Adherence is to be distinguished from 
  insistence in that adherence represents an uncompromising position and 
  may not even be accompanied by a request for a conference. 5 Hinds 
  Sec. 6308. However, one House, having adhered, may recede from its 
  adherence and agree to a conference asked by the other, or it may vote 
  to further adhere. 5 Hinds Sec. 6251. Con

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  ferences often have been asked and granted where only one House has 
  adhered. 5 Hinds Sec. Sec. 6241-6244.