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104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-165
WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H.
CON. RES. 67, THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEARS
June 29 (Legislative day of June 28), 1995.--Referred to the House
Calendar and ordered to be printed
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 175]
The Committee on Rules, having had under consideration
House Resolution 175, by a non-record vote, report the same to
the House with the recommendation that the resolution be
Brief Summary of Provisions of Resolution
The resolution waives all points of order against the
conference report on H. Con. Res. 67, the concurrent resolution
on the budget for fiscal years 1996 through 2002, and against
its consideration. The rule provides one hour of debate on the
conference report, divided equally between the chairman and
ranking minority member of the Committee on the Budget.
Finally, the rule provides that the provisions in section 2 of
the rule shall be effective upon the adoption of the budget
resolution by the Congress.
The rule waives all points of order against the conference
report and its consideration as a matter of precaution. The
conference report will be in compliance with the three-day
availability rule (clause 2(a), rule XXVIII), since the report
was filed on Monday, June 26th and will not be considered prior
to Thursday, June 29th. However, the report may be considered
in violation of clause 3 of rule XXVIII, which prohibits the
inclusion in conference reports of matters not committed to
conference by either House. For example, because the conferees
included new provisions calling for certification that a
balanced budget will be achieved by the year 2002 as a result
of reconciliation legislation to be enacted this year, the
waiver of points of order are necessary. In the absence of such
waivers, the conference report would be rejected upon the
sustaining of a point of order.
The rule provides for one hour of debate on the conference
report instead of the five hours called for under section
305(a) of the Budget Act. A review of budget conference report
rules over the last decade reveals that seven of the eight
rules granted provided for one hour of debate on the conference
reports. The exception was in 1990 when the special rule
provided for two hours of debate on the budget conference
report (see the summary of budget conference report rules in
the succeeding section of this report).
Section 2 of the rule clarifies the interpretation of two
procedures as they apply to the House. First of all, the rule
clarifies the House procedures for certifying a balanced budget
are contained in section 210. The Senate, which drafted the
conference report, neglected to eliminate references to the
House in the Senate procedures for certifying a balanced budget
in section 205. Consequently, there are overlapping
certification procedures in the House. Exercising its
rulemaking authority, the rule clarifies that the House will
follow section 210 in the House.
The rule also provides the correct numbers for the level of
revenue reconciled to the House Committee on Ways and Means.
The incorrect revenue levels were put in the reconciliation
instructions for Ways and Means. The numbers in the rule are
consistent with the aggregate revenue levels in the conference
Finally, the rule does not address the issue of a motion to
recommit because, under section 305(a)(6) of the Budget Act,
``a motion to recommit the conference report is not in order,
and it is not in order to move to reconsider the vote by which
the conference report is agreed to.''
Budget Resolution Conference Report Rules--10 Year History
99th Congress (1985-86):
S.Con.Res. 32--Waives all points of order; motion to recede &
concur for one hour.
S.Con.Res. 120--No rule.
100th Congress (1987-88):
H.Con.Res. 93--Wavies three-day layover (clause 2, rule 28);
302(a) Budget Act; scope (clause 3, rule 28);
germaneness (clause 4, rule 28); one-hour general
H.Con.Res. 268--Waives all points of order; one-hour general
debate; waives rule 49 (debt limit rule).
101st Congress (1989-90):
H.Con.Res. 106--No rule.
H.Con.Res. 310--Waives all points of order; waives rule 49;
two-hours general debate.
102nd Congress (1991-92):
H.Con.Res. 121--Waives all points of order; waives Rules 49;
one-hour general debate.
H.Con.Res. 287--Waives all points of order; one hour general
103rd Congress (1993-94):
H.Con.Res. 64--Waives all points of order; one hour general
H.Con.Res. 218--Waives all points of order; one hour general
debate; waives rule 49.