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such a motion does not preclude fur rent resolution on the budget, or an authorized motions or amendments and ther amendment, to be decided without amendment thereto, unless the concur include the bill or resolution to its pasdebate.

rent resolution, as amended by such sage, adoption, or rejection. (b) If the Committee of the whole amendment or amendments

(b) Incidental questions of order arisHouse on the state of the Union closes (1) would be mathematically con ing during the pendency of a motion debate on any portion of a bill or reso sistent except as limited by para for the previous question shall be delution before there has been debate on graph (c); and

cided, whether on appeal or otherwise, an amendment that a Member, Dele

(2) would contain all the matter set without debate. gate, or Resident Commissioner has forth in paragraphs (1) through (5) of

RECOMMIT caused to be printed in the Congres section 301(a) of the Congressional sional Record at least one day before Budget Act of 1974.

2. (a) After the previous question has its consideration, the Member, Dele (c)(1) Except as specified in subpara

been ordered on passage or adoption of gate, or Resident Commissioner who

graph (2), it shall not be in order in the a measure, or pending a motion to that caused the amendment to be printed in House or in the Committee of the

end, it shall be in order to move that the Record shall be allowed five min Whole House on the state of the Union the House recommit (or commit, as the utes to explain it, after which the to consider an amendment to a concur

case may be) the measure, with or Member, Delegate, or Resident Comrent resolution on the budget, or an

without instructions, to a standing or missioner who shall first obtain the amendment thereto, that proposes to

select committee. For such a motion to floor shall be allowed five minutes to change the amount of the appropriate

recommit, the Speaker shall give prefspeak in opposition to it. There shall level of the public debt set forth in the

erence in recognition to a Member, be no further debate thereon. concurrent resolution, as reported.

Delegate, or Resident Commissioner (c) Material submitted for printing in

(2) Amendments to achieve mathe who is opposed to the measure. the Congressional Record under this matical consistency under section

(b) Except as provided in paragraph rule shall indicate the full text of the 305(a)(5) of the Congressional Budget

(c), if a motion that the House recomproposed amendment, the name of the Act of 1974, if offered by direction of

mit a bill or joint resolution on which Member, Delegate, or Resident Comthe Committee on the Budget, may

the previous question has been ordered missioner proposing it, the number of

propose to adjust the amount of the ap to passage includes instructions, it the bill or resolution to which it will propriate level of the public debt set

shall be debatable for 10 minutes equalbe offered, and the point in the bill or forth in the concurrent resolution, as

ly divided between the proponent and resolution or amendment thereto

reported, to reflect changes made in an opponent. where the amendment is intended to be other figures contained in the concur

(c) On demand of the floor manager offered. The amendment shall appear rent resolution.

for the majority, it shall be in order to in a portion of the Record designated

debate the motion for one hour equally for that purpose. Amendments to a

UNFUNDED MANDATES

divided and controlled by the prospecified measure submitted for print 11. (a) In the Committee of the whole

ponent and an opponent. ing in that portion of the Record shall House on the state of the Union, an be numbered in the order printed. amendment proposing only to strike an

RECONSIDERATION STRIKING THE ENACTING CLAUSE unfunded mandate from the portion of

3. When a motion has been carried or the bill then open to amendment, if lost, it shall be in order on the same or 9. A motion that the Committee of

otherwise in order, may be precluded succeeding day for a Member on the the Whole House on the state of the from consideration only by specific

prevailing side of the question to enter Union rise and report a bill or resoluterms of a special order of the House.

a motion for the reconsideration theretion to the House with the

rec

(b) In this clause the term "unfunded of. The entry of such a motion shall ommendation that the enacting or re

mandate” means a Federal intergovsolving clause be stricken shall have

take precedence over all other quesernmental mandate the direct costs of tions except the consideration of a conprecedence of a motion to amend, and,

which exceed the threshold otherwise ference report or a motion to adjourn, if carried in the House, shall constitute a rejection of the bill or resolution. specified for a reported bill or joint res

and may not be withdrawn after such olution in section 424(a)(1) of the Con succeeding day without the consent of Whenever a bill or resolution is regressional Budget Act of 1974.

the House. Once entered, a motion may ported from the Committee of the

be called up for consideration by any Whole with such adverse recommenda APPLICABILITY OF RULES OF THE HOUSE

Member. During the last six days of a tion and the recommendation is re

12. The Rules of the House are the jected by the House, the bill or resolu

session of Congress, such a motion rules of the Committee of the whole

shall be disposed of when entered. tion shall stand recommitted to the

House on the state of the Union so far Committee of the whole without fur

4. A bill, petition, memorial, or resoas applicable.

lution referred to a committee, or rether action by the House. Before the

RULE XIX question of concurrence is submitted,

ported therefrom for printing and reit shall be in order to move that the MOTIONS FOLLOWING THE AMENDMENT

commitment, may not be brought back

STAGE House refer the bill or resolution to a

to the House on a motion to reconsider. committee, with or without instruc

PREVIOUS QUESTION

RULE XX tions. If a bill or resolution is so referred, then when it is again reported 1. (a) There shall be a motion for the

VOTING AND QUORUM CALLS to the House it shall be referred to the

previous question, which, being or 1. (a) The House shall divide after the Committee of the whole without de

dered, shall have the effect of cutting Speaker has put a question to a vote by

off all debate and bringing the House to voice as provided in clause 6 of rule I if bate.

a direct vote on the immediate ques the Speaker is in doubt or division is CONCURRENT RESOLUTION ON THE BUDGET

tion or questions on which it has been demanded. Those in favor of the ques10. (a) At the conclusion of general ordered. Whenever the previous ques tion shall first rise from their seats to debate in the Committee of the Whole tion has been ordered on an otherwise be counted, and then those opposed. House on the state of the Union on a debatable question on which there has (b) If a Member, Delegate, or Resiconcurrent resolution on the budget been no debate, it shall be in order to dent Commissioner requests a recorded under section 305(a) of the Congres debate that question for 40 minutes, vote, and that request is supported by sional Budget Act of 1974, the concur equally divided and controlled by a at least one-fifth of a quorum, the vote rent resolution shall be considered as proponent of the question and an oppo shall be taken by electronic device unread for amendment.

nent. The previous question may be less the Speaker invokes another pro(b) It shall not be in order in the moved and ordered on a single ques cedure for recording votes provided in House or in the Committee of the tion, on a series of questions allowable this rule. A recorded vote taken in the Whole House on the state of the Union under the rules, or on an amendment House under this paragraph shall be to consider an amendment to a concur or amendments, or may embrace all considered a vote by the yeas and nays.

(c) In case of a tie vote, a question shall be lost.

2. (a) Unless the Speaker directs otherwise, the Clerk shall conduct a record vote or quorum call by electronic device. In such a case the Clerk shall enter on the Journal and publish in the Congressional Record, in alphabetical order in each category, the names of Members recorded as voting in the affirmative, the names of Members recorded as voting in the negative, and the names of Members answering present as if they had been called in the manner provided in clause 3. Except as otherwise permitted under clause 9 or 10 of this rule or under clause 6 of rule XVIII, the minimum time for a record vote or quorum call by electronic device shall be 15 minutes.

(b) When the electronic voting system is inoperable or is not used, the Speaker or Chairman may direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4.

3. The Speaker may direct the Clerk to conduct a record vote or quorum call by call of the roll. In such a case the Clerk shall call the names of Members, alphabetically by surname. When two or more have the same surname, the name of the State (and, if necessary to distinguish among Members from the same State, the given names of the Members) shall be added. After the roll has been called once, the Clerk shall call the names of those not recorded, alphabetically by surname. Members appearing after the second call, but before the result is announced, may vote or announce a pair.

4. (a) The Speaker may direct a record vote or quorum call to be conducted by tellers. In such a case the tellers named by the Speaker shall record the names of the Members voting on each side of the question or record their presence, as the case may be, which the Clerk shall enter on the Journal and publish in the Congressional Record. Absentees shall be noted, but the doors may not be closed except when ordered by the Speaker. The minimum time for a record vote or quorum call by tellers shall be 15 minutes.

(b) On the demand of a Member, or at the suggestion of the Speaker, the names of Members sufficient to make a quorum in the Hall of the House who do not vote shall be noted by the Clerk, entered on the Journal, reported to the Speaker with the names of the Members voting, and be counted and announced in determining the presence of a quorum to do business.

5. (a) In the absence of a quorum, a majority comprising at least 15 Members, which may include the Speaker, may compel the attendance of absent Members.

(b) Subject to clause 7(b) a majority of those present may order the Sergeant-at-Arms to send officers appointed by him to arrest those Members for whom no sufficient excuse is

made and shall secure and retain their attendance. The House shall determine on what condition they shall be discharged. Unless the House otherwise directs, the Members who voluntarily appear shall be admitted immediately to the Hall of the House and shall report their names to the Clerk to be entered on the Journal as present.

6. (a) When a quorum fails to vote on a question, a quorum is not present, and objection is made for that cause (unless the House shall adjourn)

(1) there shall be a call of the House;

(2) the Sergeant-at-Arms shall proceed forthwith to bring in absent Members; and

(3) the yeas and nays on the pending question shall at the same time be considered as ordered.

(b) The Clerk shall record Members by the yeas and nays on the pending question, using such procedure as the Speaker may invoke under clause 2. 3. or 4. Each Member arrested under this clause shall be brought by the Sergeant-at-Arms before the House, whereupon he shall be noted as present, discharged from arrest, and given an opportunity to vote; and his vote shall be recorded. If those voting on the question and those who are present and decline to vote together make a majority of the House, the Speaker shall declare that a quorum is constituted, and the pending question shall be decided as the requisite majority of those voting shall have determined. Thereupon further proceedings under the call shall be considered as dispensed with.

(c) At any time after Members have had the requisite opportunity to respond by the yeas and nays, but before a result has been announced, the Speaker may entertain a motion that the House adjourn if seconded by a majority of those present, to be ascertained by actual count by the Speaker. If the House adjourns on such a motion, all proceedings under this clause shall be considered as vacated.

7. (a) The Speaker may not entertain a point of order that a quorum is not present unless a question has been put to a vote.

(b) Subject to paragraph (c) the Speaker may recognize a Member, Delegate, or Resident Commissioner to move a call of the House at any time. When a quorum is established pursuant to a call of the House, further proceedings under the call shall be considered as dispensed with unless the Speaker recognizes for a motion to compel attendance of Members under clause 5(b).

(c) A call of the House shall not be in order after the previous question is ordered unless the Speaker determines by actual count that a quorum is not present.

POSTPONEMENT OF PROCEEDINGS 8. (a)(1) When a recorded vote is ordered, or the yeas and nays are ordered, or a vote is objected to under clause 6 on any of the questions speci

fied in subparagraph (2), the Speaker may postpone further proceedings on that question to a designated place in the legislative schedule on that legislative day (in the case of the question of agreeing to the Speaker's approval of the Journal) or within two legislative days (in the case of any other question).

(2) The questions described in the subparagraph (1) are as follows:

(A) The question of passing a bill or joint resolution.

(B) The question of adopting a resolution or concurrent resolution.

(C) The question of agreeing to a motion to instruct managers on the part of the House (except that proceedings may not resume on such a motion under clause 7(c) of rule XXII if the managers have filed a report in the House).

(D) The question of agreeing to a conference report.

(E) The question of agreeing to a motion to recommit a bill considered under clause 6 of rule XV.

(F) The question of ordering the previous question on a question described in subdivision (A), (B), (C), (D), or (E).

(G) The question of agreeing to an amendment to a bill considered under clause 6 of rule XV.

(H) The question of agreeing to a motion to suspend the rules.

(b) At the time designated by the Speaker for further proceedings on questions postponed under paragraph (a), the Speaker shall resume proceedings on each postponed question in the order in which it was considered.

(c) The Speaker may reduce to five minutes the minimum time for electronic voting on a question postponed under this clause, or on a question incidental thereto, that follows another electronic vote without intervening business, so long as the minimum time for electronic voting on the first in any series of questions is 15 minutes.

(d) If the House adjourns on a legislative day designated for further proceedings on questions postponed under this clause without disposing of such questions, then on the next legislative day the unfinished business is the disposition of such questions in the order in which they were considered.

FIVE-MINUTE VOTES 9. The Speaker may reduce to five minutes the minimum time for electronic voting

(a) after a record vote on a motion for the previous question, on any underlying question that follows without intervening business, or on a question incidental thereto;

(b) after a record vote on an amendment reported from the Committee of the Whole House on the state of the Union, on any subsequent amendment to that bill or resolution reported from the Committee of the Whole, or on a question incidental thereto;

(c) after a record vote on a motion (which

may include those rec uity Act for the 21st Century, as adto recommit a bill, resolution, or ommended to the Committee on Appro justed, for the highway category or the conference report, on the question of priations by direction of a legislative mass transit category, as applicable. passage or adoption, as the case may committee having jurisdiction over the be, of such bill, resolution, or con subject matter) and except rescissions APPROPRIATIONS ON LEGISLATIVE BILLS ference report, or on a question inci of appropriations contained in appro 4. A bill or joint resolution carrying dental thereto, if the question of pas priation Acts.

an appropriation may not be reported sage or adoption follows without in (c) An amendment to a general ap

by a committee not having jurisdiction tervening business the vote on the propriation bill shall not be in order if

to
report appropriations,

and an
motion to recommit; or
changing existing law, including an

amendment proposing an appropriation (d) as provided in clause 6(b)(3) of amendment making the availability of

shall not be in order during the considrule XVIII, clause 6(f) of rule XVIII, funds contingent on the receipt or pos

eration of a bill or joint resolution reor clause 8 of this rule. session of information not required by

ported by a committee not having that AUTOMATIC YEAS AND NAYS existing law for the period of the ap

jurisdiction. A point of order against 10. The yeas and nays shall be consid

propriation. Except as provided in ered as ordered when the Speaker puts

an appropriation in such a bill, joint an amendment proparagraph (d),

resolution, or amendment thereto may the question on passage of a bill or

posing a limitation not specifically
contained or authorized in existing law

be raised at any time during pendency
joint resolution, or on adoption of a
for the period of the limitation shall

of that measure for amendment.
conference report, making general ap-
propriations, or increasing Federal in-
not be in order during consideration of

TAX AND TARIFF MEASURES AND
come tax rates (within the meaning of
a general appropriation bill.

AMENDMENTS clause 5 of rule XXI), or on final adop

(d) After a general appropriation bill

has been read for amendment, a motion 5. (a) A bill or joint resolution cartion of a concurrent resolution on the

that the Committee of the whole rying a tax or tariff measure may not budget or conference report thereon.

House on the state of the Union rise be reported by a committee not having BALLOT VOTES

and report the bill to the House with jurisdiction to report tax or tariff 11. In a case of ballot for election, a such amendments as may have been measures, and an amendment in the majority of the votes shall be nec adopted shall, if offered by the Major House or proposed by the Senate caressary to an election. When there is ity Leader or a designee, have prece rying a tax or tariff measure shall not not such a majority on the first ballot, dence over motions to amend the bill. be in order during the consideration of the process shall be repeated until a If such a motion to rise and report is a bill or joint resolution reported by a majority is obtained. In all balloting rejected or not offered, amendments committee not having that jurisdicblanks shall be rejected, may not be proposing limitations not specifically tion. A point of order against a tax or counted in the enumeration of votes, contained or authorized in existing law tariff measure in such a bill, joint resoand may not be reported by the tellers. for the period of the limitation or pro lution, or amendment thereto may be RULE XXI posing germane amendments that re

raised at any time during pendency of
RESTRICTIONS ON CERTAIN BILLS
trench expenditures by reductions of

that measure for amendment.
amounts of money covered by the bill
RESERVATION OF CERTAIN POINTS OF
may be considered.

PASSAGE OF TAX RATE INCREASES
ORDER
(e) A provision other than an appro-

(b) A bill or joint resolution, amend1. At the time a general appropria priation designated an emergency

ment, or conference report carrying a tion bill is reported, all points of order under section 251(b)(2) or section 252(e)

Federal income tax rate increase may against provisions therein shall be con of the Balanced Budget and Emergency

not be considered as passed or agreed sidered as reserved. Deficit Control Act, a rescission of

to unless so determined by a vote of GENERAL APPROPRIATION BILLS AND budget authority, or a reduction in di

not less than three-fifths of the MemAMENDMENTS

rect spending or an amount for a des-
ignated emergency may not be re-

bers voting, a quorum being present. In
2. (a)(1) An appropriation may not be
ported in an appropriation bill or joint

this paragraph the term “Federal inreported in a general appropriation resolution containing an emergency

come tax rate increase” means any bill, and may not be in order as an designation under section 251(b)(2) or

amendment to subsection (a), (b), (c), amendment thereto, for an expenditure section 252(e) of such Act and may not

(d), or (e) of section 1, or to section not previously authorized by law, ex

be in order as an amendment thereto. 11(b) or 55(b), of the Internal Revenue cept to continue appropriations for

(f) During the reading of an appro

Code of 1986, that imposes a new perpublic works and objects that are al

priation bill for amendment in the centage as a rate of tax and thereby inready in progress.

Committee of the Whole House on the creases the amount of tax imposed by (2) A reappropriation of unexpended

state of the Union, it shall be in order any such section.
balances of appropriations may not be

to consider en bloc amendments pro-
reported in a general appropriation
posing only to transfer appropriations

CONSIDERATION OF RETROACTIVE TAX bill, and may not be in order as an

RATE INCREASES
among objects in the bill without in-
amendment thereto, except to continue

creasing the levels of budget authority (c) It shall not be in order to consider appropriations for public works and ob

or outlays in the bill. When considered a bill, joint resolution, amendment, or jects that are already in progress. This

en bloc under this paragraph, such subparagraph does not apply to trans

conference report carrying a retroamendments may amend portions of active Federal income tax rate infers of unexpended balances within the

the bill not yet read for amendment department or agency for which they

crease. In this paragraph, (following disposition of any points of (1) the term "Federal income tax were originally appropriated that are

order against such portions) and is not reported by the Committee on Appro

rate increase” means any amendsubject to a demand for division of the priations.

ment to subsection (a), (b), (c), (d), or question in the House or in the Com(b) A provision changing existing law

(e) of section 1, or to section 11(b) or mittee of the Whole. may not be reported in a general appro

55(b), of the Internal Revenue Code of priation bill, including including a provision TRANSPORTATION OBLIGATION

1986, that imposes a new percentage making the availability of funds con

LIMITATIONS

as a rate of tax and thereby increases tingent on the receipt or possession of 3. It shall not be in order to consider

the amount of tax imposed by any information not required by existing a bill, joint resolution, amendment, or such section; and law for the period of the appropriation, conference report that would cause ob

(2) a Federal income tax rate inexcept germane provisions that re ligation limitations to be below the crease is retroactive if it applies to a trench expenditures by the reduction of level for any fiscal year set forth in period beginning before the enactamounts of money covered by the bill section 8103 of the Transportation Eq ment of the provision.

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RULE XXII

HOUSE AND SENATE RELATIONS

SENATE AMENDMENTS

1. A motion to disagree to Senate amendments to a House bill or resolution and to request or agree to a conference with the Senate, or a motion to insist on House amendments to a Senate bill or resolution 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 committee and of all reporting committees that had initial referral of the bill or resolution.

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.

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.

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.

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 separate 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.

(b) The managers on the part of the House a

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.

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 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.

(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.

(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

(A) after a conference committee has been appointed for 20 calendar days without making a report; and

(B) on the first legislative day after the calendar day on which the Member, Delegate, or Resident Commissioner offering the motion announces to the House his 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, the period of time specified in subparagraph (1)(A) shall be 36 hours.

(d) 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 statement 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.

8. (a)(1) Except as specified in subparagraph (2), it shall not be in order to consider a conference report 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 conference report and the accompanying joint explanatory statement have been available to Members, Delegates, and the Resident Commissioner in the Congressional Record; and

(B) 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

does not apply during the last six days of a session of Congress.

(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.

(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 chairman 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

lly 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.

(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.

(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.

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

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

68-036 Book2 D-01--27

new conferees without intervening motion.

RULE XXIII

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.

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

(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.

(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.

(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 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).

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

(a) the joint explanatory statement of the managers includes a tax complexity analysis 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

(b) the chairman 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.

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 a record vote.

(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

STATUTORY LIMIT ON PUBLIC DEBT 1. Upon adoption by Congress of a concurrent resolution on the budget under section 301 or 304 of the Congressional Budget Act of 1974 that sets forth, as the appropriate level of the public debt for the period to which the concurrent resolution relates, an amount that is different from the amount of the statutory limit on the public debt that otherwise would be in effect for that period, the Clerk shall prepare an engrossment of a joint resolution increasing or decreasing, as the case may be, the statutory limit on the public debt in the form prescribed in clause 2. Upon engrossment of the joint resolution, the vote by which the concurrent resolution on the budget was finally agreed to in the House shall also be considered as a vote on passage of the joint resolution in the House, and the joint resolution shall be considered as passed by the House and duly certified and examined. The engrossed copy shall be signed by the Clerk and transmitted to the Senate for further legislative action.

2. The matter after the resolving clause in a joint resolution described in clause 1 shall be as follows: "That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof ($__?”, with the blank being filled with a dollar limitation equal to the appropriate level of the public debt set forth pursuant to section 301(a)(5) of the

of the Congressional Budget Act of 1974 in the relevant concurrent resolution described in clause 1. If an adopted concurrent resolution under clause 1 sets forth different appropriate levels of the public debt for separate periods, only one engrossed joint resolution shall be prepared under clause 1; and the blank referred to in the preceding sentence shall be filled with the limitation that is to apply for each period.

3. (a) The report of the Committee on the Budget on a concurrent resolution described in clause 1 and the joint explanatory statement of the managers on a conference report to accompany such a concurrent resolution each shall contain a clear statement of the effect the eventual enactment of a joint resolution engrossed under this rule would have on the statutory limit on the public debt.

(b) It shall not be in order for the House to consider a concurrent resolution described in clause 1, or a conference report thereon, unless the report of the Committee on the Budget or the joint explanatory statement of the managers complies with paragraph (a).

4. Nothing in this rule shall be construed

limiting or otherwise affecting

as

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