SPECIAL RULES AND RESOLVING DIFFERENCES WITH THE SENATE

While conference reports are privileged matters under the rules of the House, a special rule is often required in order to provide for floor consideration of a conference report that is in violation of House rules. Conference reports are unamendable on the floor as they represent the collective agreement of the House as one legislative body with the Senate as another legislative body. Traditionally they are also subject to one hour of debate. In the process of resolving differences with the Senate special rules may take no or more of the following features.

Taking bill from Speaker’s table. To facilitate the resolution of differences with the Senate, special rules sometimes contain provisions that expedite the convening of a conference committee or make in order amendments to Senate-passed bills or Senate amendments to House-passed bills.

Waive Reading of Conference Reports. Special rules on conference reports sometimes waive the reading of the conference report (and Senate amendments reported in disagreement on appropriations bills and motions to dispose of them) when it is called up for consideration. This provision insures expedited consideration of the conference report. The reading requirement is automatically met when conference reports are available under the 3-day layover rule.

Scope Violations. Points of order will lie against a conference report if the conferees have gone beyond their authority. Unless these points of order are waived by a special rule, the entire conference report could be ruled out of order. Common scope violations include: changing text that has already been agreed to; including new subject matters; and going beyond the scope of differences committed to conference.

Nongermane Senate Matter. Special rules may waive clause 10(a)(2) of Rule XXII, which permits Members to raise a point of order against language in a conference report that originated in the Senate but would have been considered as not germane if offered in the House and thereby obtain a separate vote on rejecting the language.