In 1939, the Chair stated that it is a well-established principle that the House inserting a legislative provision in an appropriation bill should recede in the face of repeated objection by the other House."1

The Senate has receded from its amendments after the House had agreed with amendments, 120 and after such action on one occasion the House contended the bill was not passed or finally disposed of, and approved the action of the Senate by receding from its amendments.121

Reconsider:

See also "Concur," pp. 89-90; "Reconsideration," pp. 686-716.

In 1953, when a motion was entered to reconsider the vote agreeing to a House amendment to a Senate bill, the action of the Speaker of the House of Representatives in signing the bill was rescinded by use of a concurrent resolution, and the bill was subsequently sent to conference.122

Refer:

124

There is no rule requiring amendments of the House to a Senate bill to be referred to a committee or placed on the Calendar,123 but a motion to refer House amendments to a Senate bill to a standing committee is in order,12* is debatable and has precedence over a motion to amend 125 or to agree thereto (concur),126 or to refer to a conference committee.127 House amendments to Senate bills are not referred to committees unless a motion to that effect is made.128

A House message announcing its action on Senate amendments to a House bill is not placed upon the Calendar.129 Senate Amendments to House Amendments to Senate Bill:

A Senate amendment to a House amendment to a Senate bill may be amended in one degree.130

If the Senate amends an amendment of the House to a

119 Mar. 9, 1939, 76-1, Record, pp. 2522-23.

130 Mar. 2, 1795, 3-2, Journal, p. 177; Aug. 13, 1894, 53-2, Record, pp. 8450-56. 121 Sept. 11, 1944, 78-2, Record, p. 7634.

122

June 2 and 4, 1953, 83-1, Record, pp. 5900, 6053.

123 See Apr. 28, 1902, 57-1, Record, p. 4746; Aug. 6, 1948, 80-2, Record, p. 9954. 124 Aug. 21, 1916, 64-1, Record, p. 12920; Dec. 19, 1928, 70-2, Journal, p. 51, Record, p. 863; Feb. 18, 1925, 68-2, Record, p. 4024.

15 Nov. 19, 1940, 76-3, Record, pp. 13657-59.

126

Sept. 11, 1940, 76-3, Record, pp. 11920, 11921; Sept. 12, 1940, 76-3, Record, p. 11994; see Dec. 3, 1963, 88-1, Record, p. 23154.

127 Dec. 19, 1928, 70-2, Journal, p. 51, Record, p. 863.

128

See Feb. 10, 1966, 89-2, Record, pp. 2865-66.

10 Jan. 25 and 31, 1927, 69-2, Journal, pp. 125, 126, Record, pp. 2608-14.

Senate bill, a motion is in order at that time that the Senate insist upon its amendment and ask for a conference. See "Insist," p. 94.

Senate Amendments to House Bills:

The Senate, under recent practices, at the time of the passage of a House bill with amendments, may insist upon the same and ask a conference with the House thereon.131

The Senate cannot recede from its own amendment to a bill with an amendment. See "Recede," pp. 95–96.

AMENDMENTS IN DISAGREEMENT

See "Amendments Between Houses," pp. 98-97; "Conferences and Conference Reports," pp. 283-320.

AMENDMENTS TO APPROPRIATIONS

See "Amendments," pp. 18-82; "Appropriations," pp. 102–152.

AMENDMENTS TO BILLS ON CALL OF CALENDAR

See "Calendar," pp. 183-198.

AMENDMENTS TO ENROLLED BILLS

See "Concurrent Resolutions," pp. 277-282.

131

AMENDMENTS TO RULES

See "Rules," pp. 774–779.

Apr. 24, 1945, 79-1, Record, p. 3734; July 3, 1894, 53-2, Record, p. 7136; Jan. 6 and 13, Feb. 25, 1899, 55–3, Journal, pp. 42, 52, 154; July 8, 1909, 61-1, Record, p. 4316.

APPEALS

Any decisions by the Chair given pursuant to a point of order having been made that the Senate is not proceeding in order because of one reason or another are subject to an appeal, and if no appeal is taken, the ruling of the Chair stands as the judgment of the Senate and becomes a precedent for the guidance of the Senate in the future.

Any Senator, once the Chair has rendered his decision, may take an appeal therefrom and if he is supported by a majority vote of the Senate, the decision of the Chair is overruled and this decision of the Senate becomes a precedent for the Senate to follow in its future procedure until altered or reversed by a subsequent decision of the Chair or by a vote of the Senate.

Responses by the Chair to parliamentary inquiries are not decisions by the Chair and not subject to appeal, and while they may spell out the practices of the Senate, they are not precedents—they are more or less guidelines for the Senate in the absence of any decisions or they are statements by the Chair giving what the precedents of the Senate have been.

Rule XIX, Paragraph 4

[Appeal on Calling a Senator To Order]

If any Senator, in speaking or otherwise, in the opinion of the Presiding Officer transgress the rules of the Senate the Presiding Officer shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall take his seat, and may not proceed without leave of the Senate, which, if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate. Any Senator directed by the Presiding Officer to take his seat, and any Senator requesting the Presiding Officer to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate.

Rule XX, Paragraph 1

[Appeal From the Ruling of the Chair on Points of Order]

A question of order may be raised at any stage of the proceedings, except when the Senate is dividing, and, unless submitted to the Senate, shall be decided by the Presiding Officer without debate, subject to an appeal to the Senate. When an appeal is taken, any subsequent question of order which may arise before the decision of such appeal shall be decided by the Presiding Officer without debate; and every appeal there from shall be decided at once, and without

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debate; and any appeal may be laid on the table without prejudice to the pending proposition, and thereupon shall be held as affirming the decision of the Presiding Officer.

Rule XXII, Paragraph 2

[Appeals Under Cloture Rule]

Under cloture procedure *** Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

Legislative Reorganization Act of 1946, Section 137

[Committee Jurisdiction-Appeals From References]

In any case in which a controversy arises as to the jurisdiction of any standing committee of the Senate with respect to any proposed legislation, the question of jurisdiction shall be decided by the Presiding Officer of the Senate, without debate, in favor of that committee which has jurisdiction over the subject matter which predominates in such proposed legislation; but such decision shall be subject to an appeal.

Appeal Dies:

An appeal from the decision of the Chair dies when the question over which the appeal was taken is terminated or falls, as would be the case if the Senate adjourned after a ruling from which an appeal had been taken, involving a motion to consider a bill, since such a motion dies with an adjournment.1

Appeals in Order:

Decisions of the Chair are subject to appeal and by a majority vote the Senate may reverse or overrule any decision by the Chair."

'Dec. 6 and 7, 1876, 44–2, Record, pp. 64, 75, 91; see also May 13, 1964, 88-2, Record, pp. 10783–94: May 14, 1964, 88-2. Record, pp. 10926–31, 10936, 10937.

'Rule XX; Feb. 27, 1929, 70-2, Journal, p. 235; Mar. 6, 1939, 74-1, Journal, p. 169, Record, p. 3028; Aug. 4, 1949, 81-1, Journal, pp. 617-618, Record, pp. 10742-67; July 27, 1949, 81-1, Journal, pp. 583-585, Record, pp. 10262-78; Mar. 10, 1949, 81-1, Journal, pp. 152-155, 158, Record, pp. 2125-31, 2214-75; May 27, 1948, 80-2, Journal, pp. 369, 370, Record, pp. 6552-61; May 4 and 5, 1948, 80-2, Journal, pp. 292, 293, 295, Record, pp. 5219-39, 5293-94; July 3, 1947, 80–1, Journal, p. 430, Record, pp. 8423–30; Mar. 24, 1944, 78–2, Record, pp. 3037-49; Dec. 4, 1942, 77-2, Record, p. 9335; May 13, 1964, 88-2, Record, pp. 10783-94; May 14, 1964, 88-2, Record, pp. 10926-31, 10936, 10937; Mar. 9, 1971, 92–1, Record, pp. 5485-87; see also Sept. 16, 1961, 87-1, Record, pp. 19857-59; Sept. 18, 1961, 87-1, Record, pp. 20018-20; Jan. 28, 1964, 88-2, Record, pp. 1267-68.

The appeal must be taken before other business intervenes.'

An appeal from a decision of the Chair will not lie where business has intervened.*

An appeal from a decision of the Chair will not lie as long as the Senator in possession of the floor refuses to yield."

Appeals Not in Order:

Appeals cannot be taken: (1) from an opinion expressed by the Chair in response to a parliamentary inquiry; (2) from a decision of the Chair as to recognition of Senators; (3) or from a ruling that a Senator, who having declined to yield, could not be taken from the floor by a parliamentary inquiry; or (4) from the action of the Chair in submitting a point of order to the Senate for its decision thereon.'

An appeal from a decision of the Chair is not in order after business has intervened.'

10

An appeal will not lie as long as a Senator refuses to yield since he may not be interrupted or taken off the floor against

his will."

It is not in order in the absence of a quorum to take an appeal from the decision of the Chair.12

Debate of:

See "Appeals, Debate of," pp. 390-392; "Appeal, Under Unanimous Consent Agreement," p. 840.

Table:

See also "Appeals Relative to the Motion To Table," p. 807.

An appeal having been taken, it is in order to move to lay the appeal on the table.13

'July 28, 1916, 64-1, Record, pp. 11748-50; Sept. 25, 1917, 65-1, Record, p. 7409; May 4 and 5, 1948, 80-2, Record, pp. 5219-25, 5233, 5283-94; July 3, 1947, 80-1, Record, p. 8255; June 1, 1914, 63-2, Record, pp. 9532–33; see also Sept. 18, 1961, 87-1, Record, 20018-20.

Apr. 30, 1894, 53-2, Record, p. 4247; see also Apr. 13, 1910, 61-2, Record, pp. 4608-10.

July 24, 1947, 80-1, Record, pp. 9994, 9996, 9997, 10000.

Feb. 24, 1927, 69-2, Record, pp. 4661-62; June 12, 1935, 74–1, Journal, p. 434, Record, p. 9128; Feb. 22, 1923, 67-4, Record, p. 4254; see also Jan. 24, 1938, 75–3, Record, p. 1000; Feb. 29, 1960, 86–2, Record, pp. 3796-99; Mar. 24, 1960, 86–2, Record, pp. 6469-71; Sept. 16, 1961, 87-1, Record, pp. 19857-59.

Jan. 29, 1915, 63-2, Record, pp. 2577-78; Feb. 11, 1915, 63-3, Record, p. 3578. 8 Feb. 22, 1923, 67-4, Record, p. 4254.

10

11

Aug. 15, 1962, 87-2, Record, pp. 16633-34.

June 1, 1953, 83-1, Record, p. 5820; June 1, 1914, 63–2, Record, pp. 9532-33, July 24, 1947, 80-1, Record, pp. 9994, 9996, 9997, 10000; July 24, 1947, 80-1, Record, pp. 10007, 10128-29; see also July 26, 1947, 80-1, Record, pp. 10405–06. "Aug. 20, 1894, 53-2, Record, p. 8620; July 15, 1890, 51-1, Record, p. 7291; July 23, 1890, 51-1, Record, p. 7612.