[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress] [105th Congress] [House Document 104-272] [Jeffersons Manual of ParliamentaryPractice] [Pages 261-270] [From the U.S. Government Printing Office, www.gpo.gov] sec. xlv.--amendments between the houses. [[Page 262]] less. 3 Hats., 268, 270. The term of insisting, we are told by Sir John Trevor, was then (1679) newly introduced into parliamentary usage by the Lords. 7 Grey, 94. It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring the Houses to a concurrence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance; 10 Grey, 146; but it is not respectful to the other. In the ordinary parliamentary course there are two free conferences, at least, before an adherence. 10 Grey, 147.
Sec. 521. Parliamentary principles as to disagreeing, insisting, and adhering. | When either House, e.g., the House of Commons, send a bill to the other, the other may pass it with amendments. The regular progression in this case is, that the Commons disagree to the amendment; the Lords insist on it; the Commons insist on their disagreement; the Lords adhere to their amendment; the Commons adhere to their disagreement. The term of insisting may be repeated as often as they choose to keep the question open. But the first adherence by either renders it necessary for the other to recede or adhere also; when the matter is usually suffered to fall. 10 Grey, 148. Latterly, however, there are instances of their having gone to a second adherence. There must be an absolute conclusion of the subject somewhere, or otherwise transactions between the Houses would become end- |
Sec. 522. Insisting and adhering in the practice of the House. | Where both Houses insist and neither ask a conference nor recede, the bill fails (V, 6228). Where both Houses adhere, the bill fails (V, 6163, 6313, 6324, 6325) even though the difference may be over a very slight amendment (V, 6233-6240). In rare instances in Congress there have been immediate adherences on the first disagreement (V, 6303); but this does not preclude the granting of the request of the other House for a conference (V, 6241-6244). Sometimes the House recedes from its disagreement as to certain amendments and adheres as to others (V, 6229). A House having adhered may at the next stage vote to further adhere (V, 6251). Sometimes the House has receded from adherence (V, 6252, 6401) or reconsidered its action of adherence (V, 6253), after which it has agreed to the amendment with or without amendment (V, 6253, 6401). |
Sec. 523. Parliamentary law as to receding. | Either House may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment; for here the disagreement and receding destroy one another, and the subject stands as before the disagreement. Elysnge, 23, 27; 9 Grey, 476. |
Sec. 524. Practice of the House as to receding from its own amendment to a bill of the other House. | In the practice of the two Houses of Congress the motion is to recede from the amendment without at the same time agreeing to the bill, for the bill has already been passed with the amendment, and receding from the amendment leaves the bill passed (V, 6312). But where the House has previously concurred in a Senate amendment with an amendment, the House does not by receding from its amendment agree to the Senate amendment, since the House may then (1) concur in the Senate amendment or (2) concur in the Senate amendment with another amendment (VIII, 3199; Oct. 12, 1977, pp. 33448-54). The House may not through one motion, however, recede from its amendment with an amendment (V, 6212; see Sec. 526, infra). A motion in the House to recede from a House amendment to a Senate amendment, and concur in the Senate amendment, is divisible (VIII, 3199). One House has receded from its own amendment after the other House had returned it concurred in with an amendment (V, 6226). But this has been held not sufficient to pass the bill without further action by House which has concurred with an amendment (VIII, 3177; June 26, 1984, pp. 18733-34). |
Sec. 525. Practice of the House as to receding from disagreement to amendment of the other House. | By receding from its disagreement to an amendment of the Senate the House does not thereby agree to it (V, 6215); but the Senate amendment is then open to amendment precisely as before the original disagreement (V, 6212-6214). The stage of disagreement having been reached, the motion to recede and concur takes precedence of the motion to recede and concur with an amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to recede and concur is divisible (VIII, 3199) and being divided and the House having receded, a motion to amend has precedence of the motion to concur (V, 6209-6211; VIII, 3198), even after the previous question is ordered on both motions before being divided (Feb. 12, 1923, p. 3512). |
Sec. 526. One House not to recede from its own amendment with an amendment; or depart from form fixed by adherence. | But the House can not recede from or insist on its own amendment, with an amendment; for the same reason that it can not send to the other House an amendment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they can not amend their own amendment, because they have, on the question, passed it in that form. 9 Grey, 363; 10 Grey, 240. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an amendment, can the first House depart from the form which they have fixed by an adherence. |
Sec. 527. Text to which both Houses have agreed not to be changed. | * * * So the Commons resolved that it is unparliamentary to strike out, at a conference, anything in a bill which hath been agreed and passed by both Houses, 6 Grey, 274; 1 Chand., 312. |
Sec. 528a. Consideration of Senate or House amendments. | When Senate amendments are before the House for the first time, or when the Senate has returned a bill with House amendments to which it has disagreed (and on which the House has not insisted), no privileged motion is in order in the House except a motion pursuant to clause 1 of rule XX, made by direction of the committee with subject-matter jurisdiction, to disagree to the Senate amendments or insist on the House amendment and request or agree to a conference with the Senate (see Oct. 11, 1984, p. 32308). Other motions to dispose of amendments between the Houses are not privileged until the stage of disagreement has been reached on a bill with amendments of the other House (IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of disagreement is not reached until the House has either disagreed to Senate amendments or has insisted on its own amendments to a Senate bill, and has notified the Senate. Further House action can only occur when the House has received the papers back from the Senate (Sept. 16, 1976, p. 30868). |
Sec. 528b. Precedence of motions before the stage of disagreement. | Should the House consider Senate amendments before the stage of disagreement, the precedence of motions is as follows (disregarding the most privileged motion, to disagree and send to conference by direction of the committee): (1) to concur with an amendment or amendments; (2) to concur; (3) to disagree and request or agree to a conference; and (4) to disagree. With respect to consideration of House amendments before the stage of disagreement, the precedence of motions is (1) to recede; (2) to insist and request or agree to a conference; and (3) to insist. While the House may adhere, adherence is seldom utilized (since it precludes a conference unless receded from) and is extremely rare on first disagreement (see Sec. 522, supra; see also the discussion of adherence in Procedure, ch. 32, sec. 12.1). A motion to adhere is the least privileged motion. |
Sec. 528c. Reaching the stage of disagreement. | The House has reached the stage of disagreement on a bill when it is again in possession of the papers thereon, having previously disagreed to Senate amendments or insisted on House amendments (with or without requesting or agreeing to a conference). Only previous insistence or disagreement by the House itself places the House in disagreement (and not merely disagreement, insistence, or amendment by the Senate). For example, where the House has concurred in a Senate amendment to a House bill with |
Sec. 528d. Precedence of motions after the stage of disagreement. | Generally, after the stage of disagreement has been reached on a Senate amendment, the precedence of motions is as follows: (1) to recede and concur; (2) to recede and concur with an amendment or amendments; (3) to insist on disagreement and request a (further) conference; (4) to insist on disagreement; and (5) to adhere. The Chair may examine the substance of a pending motion to determine the order of voting thereon in relation to another motion, even though in form it may appear preferential. Thus, a proper motion to concur with an amendment to a Senate amendment reported from conference in disagreement (the House having receded) has been offered and voted on before a pending motion drafted as one to concur with an amendment but in actual effect a motion to insist on disagreement to the Senate amendment, since simply reinserting the original House text without change (July 2, 1980, pp. 18357-61, sustained by tabling of appeal; see Procedure, |
Sec. 529. Degree of amendments between the Houses. | A bill originating in one House is passed by the other with an amendment. The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the 2d and not the 3d degree; for, as to the amending House, the first amendment with which they passed the bill is a part of its text. It is the only text they have agreed to. The amendment to that text by the originating House therefore is only in the 1st degree, and the amendment to that again by the amending House is only in the 2d, to wit, an amendment to an amendment, and so admissible. Just so, when, on a bill from the originating House, the other, at its second reading, makes an amendment; on the third reading this amendment is become the text of the bill, and if an amendment to it be moved an amendment to that amendment may also be moved, as being only in the 2d degree. |