[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-13]
[Page 307-341]
[[Page 307]]
CONFERENCES BETWEEN THE HOUSES
I. Generally
Sec. 1. In General; Purpose
Sec. 2. Questions Sent to Conference
Sec. 3. Sending to Conference
Sec. 4. -- When in Order; Stage of Disagreement
Sec. 5. Effect of Special Rules
II. Conference Managers
Sec. 6. In General; Appointment of Managers
Sec. 7. Committee Representation
Sec. 8. Changing or Adding Managers; Removal or Resignation
Sec. 9. Power and Discretion of Managers
Sec. 10. Meetings
III. Instructions to Managers; Motions
Sec. 11. In General
Sec. 12. Motions to Instruct
Sec. 13. -- Debate on Motion; Recognition and Amendments
Sec. 14. Motions After Failure of Managers to Report
Sec. 15. Instructions in Motions to Recommit
Sec. 16. Instructions as Binding on the Managers
IV. Conference Reports
A. Generally; Form
Sec. 17. In General; Preparation and Filing
Sec. 18. Signing and Signatures
Sec. 19. Correction of Errors
B. Limitations on Reports; Points of Order
Sec. 20. In General
Sec. 21. Reports Exceeding Authority of Managers
Sec. 22. -- Conference Substitutes or Modifications
Sec. 23. Nongermane Senate Matter
Sec. 24. Senate Appropriations on House Legislative Bill
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Sec. 25. Senate Legislation on House Appropriation Bill
Sec. 26. Budget Act Violations
Sec. 27. Raising Points of Order
Sec. 28. Waiving Points of Order
C. Consideration and Disposition of Reports
Sec. 29. In General; Custody of Official Papers
Sec. 30. Layover and Availability Requirements
Sec. 31. Calling Up Report; Reading
Sec. 32. En Bloc Consideration
Sec. 33. Debate
Sec. 34. -- Recognition; Control of Debate Time
Sec. 35. Recommittal of Report
Sec. 36. Final Disposition of Report; Voting
Sec. 37. Effect of Rejection of Report; Further Conferences
D. Disposition Where Conferees Report in Total
Disagreement
Sec. 38. In General
Research References
5 Hinds Secs. 6254-6589
8 Cannon Secs. 3209-3332
Manual Secs. 530-559, 621, 701e, 812, 827-829, 867, 909-913d
I. Generally
Sec. 1 . In General; Purpose
Generally
Before a measure can become law, both Houses must agree to the
same bill--either a House bill or a Senate bill--and they must agree
on each provision of the bill. 5 Hinds Secs. 6233-6240. Although the
two Houses may pass similar measures on the same subject, neither can
become law unless both Houses pass the same numbered bill, with the
identical text. 4 Hinds Sec. 3386.
In many cases disagreements between the House and Senate over the
provisions in a bill can be resolved through action on amendments that
are messaged back and forth between the Houses. Such action is taken
in the expectation that one House will eventually concur (or recede
and concur)
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with the amendments of the other House and pass the bill. (See Senate
Bills; Amendments Between the Houses.) Another approach aimed at
reconciliation is through a conference committee, consisting of
managers from each Chamber, with authority to report on negotiated
agreements. Sometimes these procedures are pursued simultaneously: one
House will (1) concur as to certain amendments and (2) insist on
disagreement as to other amendments and request a conference thereon.
5 Hinds Secs. 6287, 6401. If a conference fails to reconcile the
differences, and reports this fact back to the two Houses, motions to
dispose of any amendments remaining in disagreement are permitted.
Secs. 36-38, infra.
The request for a conference is made by the House in possession of
the papers. Sec. 4, infra. The House receiving the request may accept
or agree to the conference or it may disregard the request and act on
the pending unresolved amendments. 5 Hinds Secs. 6313-6315. Or it may
simply recede from disagreement, thereby rendering a conference
unnecessary if no further issues remain to be disposed of between the
Houses. 5 Hinds Secs. 6316-6318. It also has the option of postponing
action on the request to a time certain or indefinitely. 5 Hinds
Sec. 6199.
Sec. 2 . Questions Sent to Conference
It was Jefferson's view that a House-Senate conference may be
sought ``in all cases of difference of opinion between the two Houses
on matters depending between them.'' Manual Sec. 530. Conferences
between the two Houses are usually held over differences as to
amendments to a particular bill. 5 Hinds Sec. 6254. On occasion,
several different bills have been sent to a single conference. 92-1,
Nov. 18, 1971, p 42046. Differences over a joint or concurrent
resolution may also be sent to conference. 5 Hinds Secs. 6258, 7063.
House-Senate conferences have sometimes been sought to resolve
questions unrelated to any pending bill or other legislative
proposition. Conference committees have on rare occasions been used to
resolve differences as to:
<box> The prerogatives of the two Houses in the origination of
revenue measures. 2 Hinds Secs. 1487 et seq.
<box> The instructions given by one House to its managers. 5 Hinds
Sec. 6401.
<box> The procedures to be followed in an impeachment proceeding. 3
Hinds Sec. 2304.
<box> The time for the convening of the next session of Congress. 5
Hinds Secs. 6255 et seq.
<box> Papers in the nature of petitions. 5 Hinds Sec. 6263.
[[Page 310]]
Sec. 3 . Sending to Conference
Generally; By Unanimous Consent
Amendments in disagreement between the Houses may be sent to
conference by unanimous consent. The disagreement may relate to a
Senate amendment (6 Cannon Sec. 732) or to an insistence by the House
on its own amendment. 97-2, Mar. 16, 1982, p 4227.
Member: Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill H.R. __________, with the Senate amendments
thereto, disagree to the amendments, and ask a conference with the
Senate [or agree to a conference asked by the Senate] on the
disagreeing votes of the two Houses.
By Motion
A matter may be sent to conference pursuant to a motion permitted
by House Rule XX clause 1 where the motion has been authorized by the
committee (or committees) to which the bill was referred. Manual
Sec. 827. See 94-2, Aug. 26, 1976, p 27831; 95-1, Oct. 12, 1977, p
33433. The motion is privileged at any time the House is in possession
of the papers if the appropriate committee has authorized the motion
and if the Speaker in his discretion recognizes for that purpose. 94-
1, Mar. 20, 1975, p 7646. These restraints are intended to prevent the
use of that motion as a dilatory tactic. 92-2, Oct. 3, 1972, pp 33502,
33509.
Initial Senate amendments may be taken from the Speaker's table
and sent to conference by motion under this rule. 91-2, July 9, 1970,
pp 23518, 23524; 92-1, June 28, 1971, pp 22406-13, 22429. The motion
permitted by the rule may also be raised at subsequent stages of the
amendment process between the Houses, and include a motion to disagree
to a Senate amendment to a House amendment to a Senate bill and
request a conference (91-2, Dec. 17, 1970, p 42195; 92-2, Mar. 8,
1972, p 7540) or a motion to insist on a House amendment to a Senate
amendment to a House bill and request a conference (Manual Sec. 827).
A Member making a motion to send a bill to conference under this
rule is recognized for one hour and is in control of the debate on the
motion. 90-2, July 29, 1968, p 23935; 91-2, Mar. 3, 1970, p 5722; 92-
2, Aug. 1, 1972, pp 26153, 26156. When the previous question is
ordered on the motion, further debate may be had on it only by
unanimous consent. 91-2, July 9, 1970, pp 23518, 23524.
The rule requires a separate committee authorization with respect
to each particular bill to be sent to conference. Moreover, where a
measure has
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been reported by two or more committees, each committee must authorize
the motion sending it to conference. 95-2, Sept. 26, 1978, p 31623.
Motions to send a measure to conference pursuant to Rule XX clause
1 are generally made by the chairman of the legislative committee with
primary jurisdiction over the measure, acting by direction of that
committee. 93-1, Mar. 28, 1973, pp 10032-34. See also 92-1, June 28,
1971, pp 22406-13; 93-1, June 5, 1973, p 18116. He rises and addresses
the Chair:
Mr. Speaker, in accordance with rule XX of the House rules and by
direction of the Committee on __________ I move to take from the
Speaker's table the bill (H.R. ______) with Senate amendments
thereto, disagree to the Senate amendments and agree to the
conference asked by [or ask conference with] the Senate.
A motion to send a bill to conference may not be amended to
include instructions to House conferees; instructions are properly
offered by separate motion following the adoption of the motion to go
to conference and before managers are appointed. 92-1, Oct. 19, 1971,
pp 36832-35. Instructions, see Secs. 11 et seq., infra.
Sec. 4 . -- When in Order; Stage of Disagreement
Generally
Under the former practice, it was customary to allow the House
insisting on its amendment (the other House having disagreed thereto)
to request a conference. 5 Hinds Secs. 6278-6280. Under the modern
practice, a conference may be requested as soon as one House has
either disagreed to an amendment of the other or has insisted on its
own amendment (5 Hinds Secs. 6273-6277). In any event, the request for
a conference must always be by the House which is in possession of the
papers. Manual Sec. 530.
Motions
A motion to disagree or insist and request a conference is in
order (subject to preferential motions) before or after the Houses
have reached the stage of disagreement if made pursuant to Rule XX
clause 1. See Manual Secs. 528, 535, 827. See also Senate Bills;
Amendments Between the Houses. That rule was amended in 1965 to
provide that such motion ``shall always be in order'' if the Speaker
recognizes for that purpose and if the motion is made by direction of
the committee with jurisdiction. Manual Sec. 827. This provision has
been held to supersede earlier precedents precluding the motion to go
to conference until the stage of disagreement had been reached, the
Speaker ruling them to be inapplicable to motions under clause
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1 Rule XX to disagree or insist and go to an initial conference with
the Senate. 92-2, Aug. 1, 1972, pp 26153, 26156.
Once a motion to request a conference has been rejected, its
repetition at the same stage of the proceedings, no other motion to
dispose of the matter in disagreement having been considered, has not
been permitted. 5 Hinds Sec. 6325. However, a motion under Rule XX
clause 1 may be repeated, if again authorized by the committee
concerned, and if the Speaker again agrees to recognize for that
purpose, even though the House has once rejected a motion to send the
same matter to conference. Manual Sec. 535.
Unanimous-consent Requests
A unanimous-consent request to seek a conference is in order even
though the House and Senate have not yet reached the stage of
disagreement. Indeed, on rare occasions, the House by unanimous
consent has ``deemed'' a House bill with possible Senate amendments
sent to conference prior to Senate passage of the bill with
amendments, in order to permit conferees to be appointed and to
formally meet if the House is not in session. 97-2, Dec. 18, 1982, p
32137; 98-1, Mar. 23, 1983, p 6824.
Sec. 5 . Effect of Special Rules
Amendments may be sent to conference pursuant to a special rule
from the Committee on Rules. 4 Hinds Secs. 3242-3249. The special rule
may or may not preclude intervening motions, and may direct the
Speaker to appoint the managers. 4 Hinds Sec. 3242. The special rule
may:
<box> Take a House bill with Senate amendments from the Speaker's
table and send it directly to conference. 7 Cannon Sec. 826.
<box> Make in order a motion to take a bill with Senate amendments
from the Speaker's table, disagree to the amendments, and
request a conference. 7 Cannon Sec. 822.
<box> Provide for consideration of Senate amendments and for a
motion to agree to a conference, and for appointment without
instructions to the managers. 4 Hinds Secs. 3243, 3244.
<box> Discharge a committee from consideration of a bill with Senate
amendments and ask for, or agree to, a conference thereon. 7
Cannon Secs. 820, 821.
[[Page 313]]
II. Conference Managers
Sec. 6 . In General; Appointment of Managers
Generally
Appointments of Members to serve as managers on the part of the
House at a conference are made by the Speaker pursuant to Rule X
clause 6(f). Manual Sec. 701e. (The terms ``manager'' and ``conferee''
are used synonymously in the modern precedents and are so used in this
article.) The Speaker observes the guidelines set forth in Rule X as
to the designation of managers. That rule requires the Speaker to
appoint:
<box> A majority of Members who generally support the House
position, as determined by the Speaker.
<box> Members who are primarily responsible for the legislation.
<box> To the fullest extent feasible the principal proponents of the
major provisions of the bill as it passed the House.
These guidelines permit the exercise of broad discretionary powers
by the Speaker in making appointments (95-1, Oct. 12, 1977, p 33434),
and he may specify the legislative issues on which individual managers
are to confer. 91-2, Mar. 3, 1970, p 5713; 92-1, Nov. 30, 1971, p
43422; 96-1, Sept. 14, 1979, p 24554.
Number of Managers
In the early practice of the House, three Members were usually
appointed to a conference by the Speaker. 5 Hinds Sec. 6336. Today,
the number of Members to be designated is at the discretion of the
Speaker (8 Cannon Sec. 3221) and he may appoint as many as 60 or more
conferees, depending on the complexity of the bill and the number of
committees with jurisdiction. (See for example 99-2, Feb. 6, 1986, p
1943.) The number of conferees appointed by one House does not
determine the number to be appointed by the other. A motion to
instruct the Speaker as to the number of conferees to be appointed is
not in order. 8 Cannon Sec. 3221.
The fact that the managers on the part of one House outnumber
those on the part of the other does not affect the conference outcome.
There are only two votes in conference--a vote of House managers and,
separately, a vote of Senate managers. Conference agreements are
reached when a majority of House managers agree with a majority of
Senate managers, the managers of one House having voted separately
from those of the other. 5 Hinds Sec. 6334. Conference meetings, see
Sec. 10, infra.
[[Page 314]]
Time of Appointment
Conferees are usually appointed by the Speaker immediately after
the request for a conference is granted, but they may be appointed on
a subsequent day. 95-2, Sept. 27, 1978, p 32028; 95-2, Sept. 29, 1978,
p 32699. In one instance, the Speaker did not announce his appointment
of conferees until the second session on a bill on which the House had
requested a conference in the first session. 99-2, Feb. 6, 1986, p
1943.
Sec. 7 . Committee Representation
The Speaker in making his appointments to a conference normally
consults with the chairman of the committee having jurisdiction over
the bill. Members of that committee are ordinarily designated as
managers. 89-2, Oct. 14, 1966, p 26996. The Speaker may make such
appointments without regard to committee seniority. 99-2, July 16,
1986, p 16705. Where the matter falls within the jurisdiction of two
committees of the House, the Speaker may name members from both
committees as managers. 95-2, Oct. 4, 1978, p 33568; 96-1, July 27,
1979, p 20993. Where the measure falls within the jurisdiction of
several committees and/or subcommittees, the Speaker has exercised his
discretion to appoint Members in such a way as to represent the
interests of the various committees involved. 99-1, July 11, 1985, p
18552. On a bill reauthorizing the so-called environmental
``Superfund,'' the Speaker's appointments included more than 50
conferees from six standing committees, with most conferees being
given designated areas of responsibility. 99-2, Feb. 6, 1986, p 1943.
The Speaker may appoint members from a nonreporting committee as
conferees on a provision in a Senate measure within that committee's
jurisdiction. 99-2, July 24, 1986, p 17644. And the Speaker may, after
appointing general conferees from the reporting committee on all
Senate provisions, appoint additional conferees from a nonreporting
committee on a specified section. 99-2, Oct. 8, 1986, p 29702.
Sec. 8 . Changing or Adding Managers; Removal or Resignation
At any time after the appointment of a conference committee, the
Speaker may remove a conferee or appoint additional conferees. Rule X
clause 6(f). In making additional appointments, the Speaker may
specify that a conferee be authorized to act only with respect to a
certain provision (96-1, Aug. 2, 1979, p 22101), or that additional
conferees from certain committees act solely on matters within those
committees' jurisdictions (99-1, Oct. 24, 1985, p 28743). Under clause
6(f), the Speaker may supplement an appointment of conferees by
modifying the array of separate panels and by
[[Page 315]]
further specifying the subject matter to be considered by such panels.
103-1, July 20, 1993, p ____.
Where several conferences are held on the same bill, managers may
be reappointed or changed at the discretion of the Speaker. 5 Hinds
Secs. 6341-6368. Although reappointment is common under the modern
practice (Manual Sec. 537), sometimes a change is necessary to enable
a developing sentiment of the House to be accurately represented. 5
Hinds Sec. 6369. Motions to discharge and appoint new conferees, see
Sec. 14, infra.
Vacancies on a conference committee are filled through appointment
by the Speaker. 5 Hinds Sec. 6372; 8 Cannon Sec. 3228. The Speaker may
appoint a conferee to fill a vacancy caused by the death or ill health
of another Member (93-1, Nov. 7, 1973, pp 36222, 36223; 98-2, Mar. 21,
1984, p 6249), or where a Member resigns as conference manager.
However, House managers are excused from service only by action of the
House. 91-1, Oct. 23, 1969, p 31198. Unanimous consent is required to
excuse a Member from service as a conferee. 95-2, Sept. 25, 1978, p
31329. The Speaker may appoint the successor conferee with all or part
of the authority of the original conferee. 98-2, Mar. 21, 1984, p
6249.
Usually a conferee resigns by sending a letter of resignation to
the Speaker which is laid before the House. But a conferee may be
excused by unanimous consent at the request of another Member,
particularly where time is of the essence. 91-1, Oct. 23, 1969, p
31198; 92-2, July 24, 1972, p 24864; 93-1, Dec. 10, 1973, p 40500.
Managers have resigned from conference committees because of
policy differences with other managers. In one instance, a Member
declared that his resignation was based on the fact that other House
conferees had agreed to a motion in conference limiting their
participation to specified portions of the matters committed to
conference, though originally all Members had been appointed without
restriction. The Member's resignation was accepted by unanimous
consent. 94-1, Nov. 11, 1975, pp 35980, 35981.
[[Page 316]]
Sec. 9 . Power and Discretion of Managers
Generally
There are limitations on the authority of the managers with
respect to the legislative matters they may address. The managers:
<box> May not change text that has already been agreed to by both
Houses. 5 Hinds Secs. 6417, 6418, 6420.
<box> May not address new items or a new subject not committed to
the conference. 5 Hinds Secs. 6407, 6408; 8 Cannon Secs. 3254,
3255.
<box> Must confine themselves to matters that are within the scope
of the difference between the House position on the one hand
and the Senate position on the other. 94-2, Oct. 1, 1976, p
35102.
These limitations stem from the fundamental principal that when a
bill is sent to conference, matters in disagreement between the
Houses--and only matters in disagreement between the Houses--are
before the conferees. See 86-1, June 23, 1959, pp 11599, 11615; 93-2,
Dec. 20, 1974, p 41850. This is so notwithstanding House or Senate
messages to the contrary. 8 Cannon Sec. 3253. A matter not within the
scope of the differences committed to the conference lies beyond the
authority of the managers even though germane to the question at
issue. 5 Hinds Sec. 6419.
The conferees have slightly greater editorial latitude when the
disagreement arises over an amendment in the nature of a substitute
for the entire text of the bill of the other House. 5 Hinds Sec. 6424;
8 Cannon Secs. 3248, 3263. The managers may then draft an entirely new
version--called a conference substitute--which replaces both the
original proposition and the amendment in the nature of a substitute.
See 5 Hinds Sec. 6465. However, the authority of managers in such
cases is subject to specified restrictions. A House rule permits a
``germane modification'' of the matter in disagreement, but proscribes
the presentation of ``specific additional'' topics not committed to
conference. The controlling rule further provides that the report of
the managers must not include matter not committed to the conference
by either House, nor may their report include a modification of any
specific matter committed to the conference if that modification is
beyond the scope thereof. Rule XXVIII clause 3. (Manual Sec. 913a.) As
grounds for points of order against the report, see Sec. 22, infra.
For the use of special rules to protect against a point of order for
exceeding ``scope,'' see Sec. 20, infra.
Differences as to Time Periods
When the two Houses fix different periods of time for certain
legislative action, the conferees have latitude to compromise only
between the two time frames, and may not exceed the longer or go below
the shorter. 8 Cannon
[[Page 317]]
Sec. 3264. 90-1, Dec. 11, 1967, pp 35811-33, 35841. Likewise, where
the Senate has amended a House-passed bill to change the effective
date therein, the authority of the conferees on the bill is limited to
the time frame between the dates in each version. And where the dates
contained in both versions have since passed, the conferees must
report the Senate amendment back in technical disagreement so that the
effective day can be reconsidered. 91-2, Mar. 11, 1970, pp 6793, 6795.
Differences as to Numbers or Amounts
Where the legislative differences between the two Houses on a
measure involve numerical figures, managers at conference are limited
to the range between the highest figure proposed by one House and the
lowest proposed by the other. If, for example, the House proposes a
tariff rate of 30% for a certain product and the Senate proposes a 35%
tariff, the managers may agree on 30% or 35% or any tariff falling
within that range; but they may not agree on a tariff that is less
than 30% or more than 35%. 8 Cannon Sec. 3263. Similarly where
sections of a conference report contain higher entitlements for
certain veterans' benefits than those contained in either the House
bill or in the Senate amendment, the conferees may be held to have
exceeded their authority. 93-2, Aug. 22, 1974, pp 30050-52. By the
same token, conferees may report back in total disagreement where the
informal decisions reached by the conferees would have exceeded the
scope of the differences committed to conference by reducing certain
aggregate totals below those in either the House or the Senate
version. 95-1, Sept. 13, 1977, p 29021.
Amendments to Existing Law
Where one House has amended an existing law and the other House
has implicitly taken the position of existing law by remaining silent
on the subject, the scope of differences committed to conference lies
between those issues presented in the amending language on the one
hand and the comparable provisions of existing law on the other. 95-2,
Feb. 28, 1978, p 5010. In such cases, the Speaker may examine existing
law to determine whether House conferees have remained within the
scope of the differences committed to conference. 94-2, Apr. 13, 1976,
p 10803.
Extending Authority of Managers by Resolution
The managers of a conference are sometimes permitted to take up a
matter not in issue between the Houses pursuant to a concurrent
resolution. 5 Hinds Secs. 6437-6439. Concurrent resolutions permitting
managers to consider matters not technically committed to conference
are made in order by
[[Page 318]]
unanimous consent. 93-2, Dec. 17, 1974, p 40472. This procedure has
been used to permit the insertion of new matter in a Senate amendment
to a House bill already sent to conference. 94-2, Sept. 2, 1976, p
28969.
Sec. 10 . Meetings
Generally; Voting
Due notification of appointments and a formal meeting of named
managers should precede the issuance of their report. The Speaker may
decline to allow House consideration of the report if these
formalities are not observed. 5 Hinds Sec. 6458.
The managers of the two Houses while in conference vote
separately, the majority in each body determining the attitude to be
taken toward the proposition(s) at issue. 5 Hinds Sec. 6336. When the
report is made, the signatures of a majority of the managers from each
House are sufficient. Sec. 18, infra.
Meetings as Open or Closed
Rule XXVIII clause 6 was amended in 1977 to require all conference
meetings to be open to the public except where the House by roll call
vote determines otherwise. Manual Sec. 913d; 95-1, Jan. 4, 1977, p 53.
The rule permits a point of order in the House against the report if
the House managers fail to meet in open session as required. See
Manual Sec. 548. If the point of order is sustained, it results in
rejection of the report and in an automatic request for a new
conference, and it permits the appointment of new conferees without
intervening motion to instruct. 96-2, Mar. 25, 1980, p 6430. Thus, the
conferees having failed to meet formally in open session after
appointment, the report, though signed, is subject to automatic
recommittal under the rule. 97-2, Dec. 20, 1982, p 32896.
Motions to Close a Conference Meeting
A motion to close a conference meeting is privileged for
consideration in the House after the House has agreed to go to
conference and the Speaker has appointed conferees. The motion is
debatable for one hour under the control of the Member making the
motion, and must be voted on by a roll call vote. 95-1, July 21, 1977,
p 24365; 95-2, Apr. 13, 1978, p 10128; 97-2, Aug. 3, 1982, p 18946.
The motion may be modified by the Member offering the motion only by
unanimous consent, and may be amended only if that Member yields for
that purpose (or the previous question is rejected). 95-1, May 23,
1977, pp 15880, 15881. The motion may provide for exceptions or
limitations, such as a stipulation that the meeting may be closed only
when certain matters are under discussion or that any sitting Member
[[Page 319]]
of Congress shall have the right to attend such meeting. 95-1, July
21, 1977, pp 24365, 24366; 95-2, July 14, 1978, p 20960.
Points of Order as to Meeting Irregularities
There are no formal House rules that govern procedures to be
followed in conducting a meeting of the conferees. The conferees offer
motions or consider and debate propositions according to their own
informal guidelines or ad hoc rules. The Speaker will not normally
sustain a point of order against a conference report signed by a
majority of House conferees based upon irregularities at the
conference meeting. 96-2, Mar. 25, 1980, p 6430. Nor will the Speaker
look behind the signatures to determine whether the report has
incorporated all the agreements informally made in conference. 93-1,
Dec. 17, 1973, pp 42034, 42035. In one instance, the Speaker overruled
a point of order against a conference report signed by a majority of
the conferees, although the Member raising the point of order alleged
that the form of the report was inconsistent with a motion agreed to
in the conference meeting. 94-2, Sept. 28, 1976, p 33019.
III. Instructions to Managers; Motions
Sec. 11 . In General
Generally
Instructions are used primarily to indicate priorities considered
important to the House or to identify positions or amendments it would
support or oppose. The House may instruct its conferees to:
<box> Insist on a conference report achieving four broadly worded
goals. 99-2, July 16, 1986, pp 16703, 16705.
<box> Insist on a portion of a House amendment to a Senate bill. 93-
1, July 24, 1973, pp 25539-41.
<box> Agree to a numbered Senate amendment with an amendment. 97-2,
June 9, 1982, p 13039.
<box> Adhere to certain provisions in a House-passed bill. 96-1,
July 30, 1979, p 21302; 96-1, Dec. 19, 1979, p 36895.
<box> Disagree to one of several Senate amendments (notwithstanding
that the House has just disagreed to all Senate amendments in
toto). 91-1, Oct. 9, 1969, p 29315.
<box> Insist on holding conference sessions under just and fair
conditions. 74-1, Aug. 1, 1935, p 12272.
[[Page 320]]
One House has no jurisdiction over conferees appointed by the
other. Instructions to conferees apply only to managers on the part of
the House giving the instructions. 8 Cannon Secs. 3241, 3242.
Limitations on Instructions
Instructions may not direct conference managers to do that which
they might not otherwise do (5 Hinds Secs. 6386, 6387; 8 Cannon
Secs. 3235, 3244), such as to change a part of a bill not in
disagreement (5 Hinds Secs. 6391-6394). Instructions may not:
<box> Change the text to which both Houses have agreed. 5 Hinds
Sec. 6388.
<box> Direct the conferees to agree to something not committed to
conference. 96-2, Feb. 28, 1980, p 4305.
<box> Include appropriations on a legislative bill. Rule XXI clause
2.
<box> Include matter outside the scope of the conferees' authority
(Rule XXVIII clause 3). 93-1, Nov. 13, 1973, pp 36835, 36847.
<box> Agree to the deletion of certain language committed to
conference if the effect of such deletion results in broadening
the scope of the matter in disagreement. See 92-1, Dec. 14,
1971, pp 46779-80.
<box> Direct conferees to concur in a Senate amendment with an
amendment not germane thereto. 8 Cannon Sec. 3235.
Sec. 12 . Motions to Instruct
Generally
The opportunity for the House to instruct conferees arises at
three distinct stages of the legislative process: (1) at the time the
House votes to go to conference, (2) after the expiration of 20
calendar days, the conferees having failed to report (Sec. 14, infra),
and (3) when a conference report is recommitted to conference
(Sec. 15, infra).
On Going to Conference
After the House has voted to go to conference with the Senate the
House may consider a timely motion to instruct its managers. A motion
to instruct the House managers at a conference is in order after the
House has agreed to a conference and before the appointment of the
conferees. 5 Hinds Secs. 6379-6382; 93-2, Dec. 16, 1974, pp 40174,
40175; 97-1, Nov. 4, 1981, pp 26582, 26586; 98-1, Oct. 25, 1983, p
29229. The motion is not in order until the House has voted to ask for
or agree to a conference. 91-2, Mar. 3, 1970, p 5722. Only one motion
to instruct conferees is in order at this stage. 8 Cannon Sec. 3236.
90-2, May 29, 1968, p 15499; 96-1, Dec. 18, 1979, p 36763.
[[Page 321]]
Tabling of Motion
A motion to instruct House managers at a conference is subject to
the motion to table. 91-1, Oct. 9, 1969, p 29315; 92-1, July 27, 1971,
pp 27305-08, 27311; 92-2, Oct. 11, 1972, p 34948. The motion to lay
the motion to instruct on the table is in order after the motion to
instruct has been read or after debate thereon. If the motion to table
is voted down, the question next occurs on ordering the previous
question on the motion to instruct. 87-1, Aug. 8, 1961, pp 14957,
15001; 91-1, Dec. 18, 1969, pp 39826-30; 91-2, July 9, 1970, pp 23325-
28.
Withdrawal or Postponement of Motion
A motion to instruct the House managers at a conference has been
withdrawn after debate thereon. 91-1, Dec. 11, 1969, pp 38543-45. And
the postponement of consideration of such a motion is permitted by
unanimous consent. 95-1, June 16, 1977, pp 19414, 19415.
Sec. 13 . -- Debate on Motion; Recognition and Amendments
Generally
A motion to instruct the managers on the part of the House at a
conference is debatable under the hour rule. 91-1, Dec. 11, 1969, p
38543; 98-1, Nov. 15, 1983, p 32686. The time is equally divided or
allotted pursuant to Rule XXVIII clause 1(b). No additional debate
thereon is in order unless the previous question is rejected or unless
the Member having the floor yields for amendment. 98-1, Nov. 15, 1983,
p 32686.
The hour of debate time on a motion to instruct is inapplicable
where a motion to lay that motion on the table is adopted prior to
debate. 94-2, Aug. 26, 1976, p 27832.
Recognition to offer a motion to instruct House conferees is the
prerogative of the minority, and the Speaker recognizes the ranking
minority member of the committee reporting the bill when that member
seeks recognition to offer the motion. 92-1, Oct. 19, 1971, pp 36832-
35; 93-2, Dec. 16, 1974, pp 40174, 40175.
Amendments to Motion
No amendment to a motion to instruct is in order unless the
previous question is rejected or unless the Member having the floor
yields for amendment. 98-1, Nov. 15, 1983, p 32686. While the previous
question takes precedence over the motion to amend a motion to
instruct conferees (93-1, July 24, 1973, pp 25539-41), the motion to
instruct is subject to amend-
[[Page 322]]
ment if the previous question is rejected. 92-1, Oct. 19, 1971, pp
36832-35; 96-1, Dec. 18, 1979, p 36774; Manual Sec. 541.
Sec. 14 . Motions After Failure of Managers to Report
Where conferees have been appointed for 20 calendar days (or for
36 hours during the last six days of a session) and have failed to
file a report, motions to instruct the House managers--or discharge
and appoint new ones--are in order. Rule XXVIII clause 1(c). The
Member making such a motion must give a day's notice under the rule.
Manual Sec. 910. The privilege of the motion to instruct conferees
under this clause is equal to that of the motion to suspend the rules
on a suspension day. 100-2, Mar. 1, 1988, pp 2749, 2751, 2754. The 20-
day period runs from the time that the conference committee has been
formed by appointment in both Houses. See 97-1, May 20, 1981, p 10319.
The practice which precludes more than one motion in the House to
instruct conferees prior to their appointment (Sec. 12, supra) is not
applicable to motions to instruct (or discharge and appoint new)
conferees who have failed to report to the House within the 20-day
period. 93-2, July 22, 1974, pp 24448, 24449. Indeed, a motion to
instruct House conferees who have failed to report for 20 days is in
order even though its instructions are the same as those given to the
conferees at the time the bill was sent to conference. 92-2, May 11,
1972, pp 16838-42.
Sec. 15 . Instructions in Motions to Recommit
A motion to recommit a conference report (Sec. 35, infra) may
include instructions to the House conferees. 8 Cannon Sec. 3241. A
report may be recommitted with instructions to insist on disagreement
(90-1, Oct. 4, 1967, pp 27727-30, 27734-38) or take other action on an
amendment contained in the report (94-2, Sept. 28, 1976, p 33034). But
the motion may not instruct House conferees to include matter which is
beyond the scope of differences committed to conference (97-1, Nov.
22, 1981, p 28747) or which would be inadmissible if offered as an
amendment in the House (see 93-1, Dec. 19, 1973, p 42565).
Sec. 16 . Instructions as Binding on the Managers
Instructions by the House to its conferees are advisory in nature
and are not binding as a limitation on their authority. 90-2, May 29,
1968, p 15499. A failure of conferees to adhere to such instructions
does not render their report subject to a point of order. 5 Hinds
Sec. 6395; 8 Cannon Secs. 3246-3248; 97-1, Oct. 29, 1981, p 26049.
There is no rule of the House requiring
[[Page 323]]
conferees to seek further guidance if they are unable to comply with
instructions suggested to them. 92-2, June 8, 1972, p 20282. For these
reasons, the Speaker may not rule a report out of order because it is
in contravention of instructions imposed on House conferees; it is for
the House to determine by its vote on the report whether to accept or
reject it, or to recommit it. 92-2, June 8, 1972, p 20282. Voting on
the report, see Sec. 36, infra.
IV. Conference Reports
A. Generally; Form
Sec. 17 . In General; Preparation and Filing
Generally; Partial Reports
A conference report contains the recommendations of the conference
committee to the two Houses as to the disposition of the matter in
disagreement. The report may recommend, for example, that the House
(or Senate) recede from disagreement to a certain numbered amendment,
or that it agree to a certain amendment with an amendment. The report
will normally identify those amendments on which the committee has
been unable to agree. Managers may report an agreement as to a portion
of the numbered amendments in disagreement, leaving the remainder to
be disposed of by subsequent House action. 5 Hinds Secs. 6460-6464.
Disposition of amendments remaining in disagreement between the
Houses, see Senate Bills; Amendments Between the Houses.
Under certain circumstances managers may develop an entirely new
bill on a subject in disagreement, in which case the adoption of the
report completes action on the bill. 5 Hinds Secs. 6465-6467; Manual
Sec. 543.
A conference report is jointly prepared by the managers from the
House and those from the Senate. The report must be signed by a
majority of the managers of the House and a majority of the managers
on the part of the Senate. Sec. 18, infra. Minority views are not in
order. 90-1, Dec. 4, 6, 1967, pp 34721, 35135-37. The managers in the
minority have no authority to make a formal report concerning the
conference. 5 Hinds Sec. 6406.
A conference report must be filed and printed in the Record. See
Manual Sec. 911. Filing is necessary to initiate the three-day waiting
period that must precede the consideration of the report on the floor
of the House. Sec. 30, infra. Errors in the text appearing in the
Record may subject consideration of the report to a point of order. 8
Cannon Sec. 3298. The filing of the report while the House is in
session is privileged. 90-2, Aug. 1, 2, 1968, pp
[[Page 324]]
25027-43. Permission to file and print a report when the House is not
in session is frequently given by unanimous consent. 86-1, July 30,
1959, p 14742; 87-1, Aug. 3, 1961, p 14544; 87-2, July 26, 1962, p
14841.
Subsequent conference reports on the same subject must adhere to
these same formalities. Notwithstanding recommittal of a conference
report to a committee of conference, the subsequent conference report
is filed as privileged, given a new number and otherwise treated as a
new and separate report. 88-1, May 14, 1963, p 8502.
Explanatory Statements
Conference reports are to be accompanied by an explanatory
statement prepared jointly by the conferees on the part of the House
and the conferees on the part of the Senate. This statement must
inform the House as to the effect which the matter contained in the
report will have upon the pending measure. Rule XXVIII clause 1(d).
Manual Sec. 911. This statement is signed by a majority of the
managers of each House. 91-2, May 12, 1970, pp 15202-17; 92-1, Dec.
14, 1971, pp 46791-801.
A report may not be received without the accompanying statement.
Manual Sec. 911. The Speaker may require the statement to be in proper
form (5 Hinds Sec. 6513), but it is for the House and not the Speaker
to determine its sufficiency (5 Hinds Secs. 6511, 6512).
Although minority views are not in order on a conference report,
the majority of the managers may, in the statement accompanying the
report, indicate exceptions taken or objections raised by certain
conferees who signed with the majority. 90-1, Dec. 4, 6, 1967, pp
34721, 35135-37; 94-1, Dec. 8, 1975, p 39097.
Sec. 18 . Signing and Signatures
Conference reports must be signed by a majority of the managers of
the House and by a majority of the managers of the Senate. 5 Hinds
Secs. 6497-6502. Reports containing insufficient signatures are
subject to a point of order and will not be received. 5 Hinds
Sec. 6497; 8 Cannon Sec. 3295. In the modern practice reports are made
in duplicate for the two Houses, the House managers signing first the
report for their House and the Senate managers signing the other
report first. 5 Hinds Secs. 6246, 6499, 5000, 6504. The name of an
absent manager may not be affixed to a conference report; but the
House and Senate may by concurrent action authorize him to sign the
report after it has been acted on. 5 Hinds Sec. 6488.
[[Page 325]]
Signatures With Qualifications
Managers have been permitted to sign a conference report with a
conditional approval or dissent. 5 Hinds Secs. 6489-96, 6538. But
recent precedents weigh against allowing such signatures to be counted
with the majority in support of the report. This is consistent with
the general rule that conferees may not file separate or minority
views. Managers on the part of the House must act on a conference
report as a whole, either by signing it to indicate their support for
all that is included in the report or by declining to sign it to
indicate their opposition to any part thereof. See 8 Cannon Sec. 3302;
see also 102-1, Nov. 18, 1991, p ____.
Sec. 19 . Correction of Errors
A technical correction appearing in a conference report may be
made by the Clerk in the enrollment of the bill if authorized by
concurrent resolution. 92-2, Oct. 10, 1972, p 34643. In one instance,
a conference report and concurrent resolution making changes therein
(by correcting the enrollment) were simultaneously adopted under a
motion to suspend the rules. 98-1, Aug. 1, 1983, p 21925.
The inadvertence of the conferees in failing to dispose of an
amendment to a title does not prevent the amendment from coming back
to the House for disposition by motion or unanimous consent following
adoption of the conference report. 94-2, Apr. 28, 1976, p 11598; 94-2,
Sept. 10, 1976, p 29759.
B. Limitations on Reports; Points of Order
Sec. 20 . In General
A conference report is subject to a point of order for failure to
comply with one or more rules of the House when the report is called
up for consideration in the House and before debate on it begins. 95-
2, Oct. 12, 1978, p 36459. If the point of order is timely and the
report is not protected by special rule or other House order, the
report may be ruled out of order. 94-2, Sept. 23, 1976, p 32099.
Raising points of order, see Sec. 27, infra.
Sec. 21 . Reports Exceeding Authority of Managers
A point of order will lie against a conference report on the
ground that the conferees have agreed to a provision which was beyond
the limits of their authority. 90-1, Dec. 11, 1967, p 35811. If the
point of order is sus-
[[Page 326]]
tained the entire report may be ruled out. 8 Cannon Sec. 3256; Manual
Sec. 547. The report:
<box> Must not change text that has already been agreed to (5 Hinds
Secs. 6417, 6418, 6420).
<box> Must not address new items or a new subject not committed to
conference (5 Hinds Secs. 6407, 6408; 8 Cannon Secs. 3254,
3255).
<box> Must be confined to matters that are within the scope of the
differences committed to conference (94-2, Oct. 1, 1976, p
35102).
A matter not within the scope of the differences committed to the
conference may not be included in the report even though germane to
the question at issue. 5 Hinds Sec. 6419.
The ruling out of a conference report on the ground that it
contains a provision subject to a point of order because beyond the
range of differences may not preclude subsequent consideration of the
same provision in the House by motion. The bill and amendments are
again before the House and, the stage of disagreement having been
reached, motions relating to amendments and a further conference are
in order. 94-2, Sept. 30, 1976, p 34085; 95-1, Oct. 14, 1977, p 33772.
A matter ruled out as ``beyond scope'' may yet qualify as a germane
amendment to a Senate amendment remaining in disagreement.
Sec. 22 . -- Conference Substitutes or Modifications
A conference report containing a substitute agreed to by the
managers may not include matter not committed to the conference by
either House. Clause 3 Rule XXVIII. (Manual Sec. 913a.) Points of
order under the rule are confined to language in the conference report
and do not extend to expressions of intent in the joint statement. 94-
2, Sept. 28, 1976, p 33023. The rule prohibits the inclusion in the
report of additional topics not committed to conference by either
House or which are beyond the scope of the differences committed to
conference. 94-2, Sept. 27, 1976, pp 32719-21. Even a modification of
a proposition will give rise to a point of order if it is beyond the
scope of either the bill or the amendment as committed to conference.
92-1, Dec. 13, 14, 1971, pp 46596-602. The deletion of provisions
``not committed to conference'' because the text has been agreed to by
both Houses or is identical in the bill and the amendment may also
sustain a point of order. Manual Sec. 527. The managers may eliminate
specific words or phrases contained in either version and add words or
phrases not included in either version only if they remain within the
scope of their differences and do not incorporate additional topics,
issues or propositions. 94-2, Sept. 28, 1976, pp 33020-23.
[[Page 327]]
Sec. 23 . Nongermane Senate Matter
A House rule permits a Member to raise a point of order against
certain language in a conference report if such matter originated in
the Senate but would have been considered as not germane if offered to
the text when under consideration in the House. The same rule permits
the House to vote on the question of whether such matter should be
rejected or retained. Rule XXVIII clauses 4(a)-4(d). Manual Sec. 913b.
The point of order may be raised with respect to a Senate amendment, a
conference substitute, or a provision in a Senate bill (if not
included in the House-passed version). The point of order is in order
before the report itself is read or debated. Clause 4(a).
If the Chair sustains a point of order that conferees have agreed
to a nongermane Senate provision, a motion to reject that provision is
in order pursuant to clause 4(b). This motion is debatable for 40
minutes, equally divided between the Member making the motion and a
Member opposed. 98-2, Oct. 11, 1984, p 32219. Recognition is not based
on party affiliation. 94-2, Jan. 29, 1976, p 1582. Other points of
order cannot be made until after disposition of the motion to reject.
94-1, Dec. 15, 1975, p 40677.
If the motion to reject is not agreed to, the nongermane Senate
matter is retained, and debate commences on the conference report
itself. 98-2, Oct. 11, 1984, p 32219.
If the House votes in favor of the motion to reject the nongermane
matter, the report itself is considered as rejected. Clause 4(d).
Since a conference report must be acted on as a whole, and either
agreed to or disagreed to in its entirety, rejection of a portion of a
conference report as not germane results in the rejection of the
entire report. 92-1, Nov. 10, 1971, pp 40479, 40481. The House then
automatically proceeds to consider a motion to recede and concur with
an amendment (consisting of that portion of the report not rejected)
or to insist on its own amendment. Clause 4(d). Manual Sec. 913b.
Sec. 24 . Senate Appropriations on House Legislative Bill
The House managers may not agree to a Senate amendment providing
for an appropriation on any bill other than a general appropriation
bill unless specific authority to agree to such amendment is first
given by the House. Rule XX clause 2. Manual Sec. 829. Under this
rule, where a House legislative measure has been committed to
conference, and the conferees agree to a Senate amendment
appropriating funds, the conference report thereon is sub-
[[Page 328]]
ject to a point of order and may be ruled out. 87-2, Oct. 4, 1962, p
22332. This point of order:
<box> Applies only to Senate amendments which are reported from
conference and not to appropriations reported in Senate
legislative bills. 94-2, June 30, 1976, p 21633.
<box> Does not apply if House conferees were authorized to agree to
the amendment by separate House vote. Manual Sec. 829.
<box> Will not lie against a provision permitted by the House to
remain in its own bill. 94-1, May 1, 1975, pp 12752, 12753.
<box> May be waived by special rule. Sec. 28, infra.
Sec. 25 . Senate Legislation on House Appropriation Bill
Language changing existing law in violation of Rule XXI clause
2(c)--often referred to as ``legislation on an appropriation bill''--
may give rise to a point of order if it appears in a Senate amendment
agreed to by the conference managers. The House managers may not agree
to such an amendment unless specific authority to agree to the
amendment is first given by the House by a separate vote. Manual
Secs. 829, 834. The purpose of this restriction is to prevent
conference committees from using appropriation bills to legislate
without the permission of the House. 7 Cannon Sec. 1574.
Points of order arising under this requirement may be waived by a
special rule from the Committee on Rules (Sec. 28, infra) or by
unanimous consent (99-1, Dec. 16, 1985, p 36559).
Because of the point of order that will lie against the conferees'
agreement to a Senate legislative amendment to an appropriation bill
under the rules, it has become a customary practice to report such
amendments in technical disagreement. The House first considers a
partial report consisting of the matter agreed to in conference and
not in conflict with Rule XXI, and then considers separately those
amendments reported in real or technical disagreement. Manual
Sec. 829. Such Senate amendments are not subject to a point of order
when reported from conference in disagreement, and may be called up
for disposition by separate motion. 94-1, Dec. 4, 1975, p 38714. Under
a rules' change adopted in 1993, one preferential motion to insist on
disagreement to the Senate amendment is in order if offered by the
House committee having jurisdiction thereof (Rule XXVIII clause 2(b)),
if the original motion to dispose of the Senate legislative amendment
offered by the House manager proposes to amend existing law.
Sec. 26 . Budget Act Violations
Congressional action on legislation reported from a conference
committee is subject to the Congressional Budget Act of 1974. Manual
Sec. 1007.
[[Page 329]]
Points of order in the House against a conference report are in order
under the 1974 Budget Act (as amended) where the Act restricts or
prohibits:
<box> Consideration of spending, revenue, or debt-limit legislation
for a fiscal year before a budget resolution for that year has
been adopted. Sec. 303(a).
<box> Consideration of measures within the jurisdiction of the House
and Senate Budget Committees but not reported by those
committees. Sec. 306.
<box> Consideration of reconciliation legislation that recommends
changes in Social Security. Sec. 310(g).
<box> Consideration of measures providing new contract or borrowing
authority not limited to amounts provided in appropriations
acts. Sec. 402(a).
A point of order under the Budget Act may also be in order where
the conference report contains provisions in conflict with Budget Act
requirements relating to:
<box> The allocation--to each committee with jurisdiction--of
appropriate levels of budgetary spending authority.
Sec. 302(f).
<box> Measures that would cause certain budgetary levels to vary
from those set forth in the applicable concurrent resolution on
the budget. Sec. 311(a).
<box> Authorization of funds beyond those provided for in advance in
appropriation acts. Sec. 401(a).
<box> Increases in the costs of federal intergovernmental mandates
by amounts that exceed specified thresholds. Sec. 425.
A conference report may be ruled out by the Speaker if he sustains
a point of order against it under the Congressional Budget Act. 94-2,
Sept. 30, 1976, pp 34074, 34075.
Sec. 27 . Raising Points of Order
Generally
A point of order against a conference report comes too late after
debate has been had on the report. 92-2, Oct. 18, 1972, p 37067. The
point of order should be made when the report is called up for
consideration and before debate thereon. 95-2, Oct. 12, 1978, p 36459.
Where a reading is required, a point of order against the report is
not entertained until after the report has been read, and cannot be
reserved during a reading of the report. 94-1, Dec. 15, 1975, p 40671.
If the report is ``considered as read'' because it has met the
requirements for three-day availability and has been printed in the
Record on the day filed, the report is considered as read. See Manual
Sec. 912d.
A point of order against a conference report must be reserved
before the reading of the joint statement of the managers (86-1, June
23, 1959, pp 11599, 11615; 92-1, Dec. 13, 1971, p 46596), even if by
unanimous
[[Page 330]]
consent the joint statement is read in lieu of the report. 92-2, Jan.
25, 1972, p 1076; 92-2, June 8, 1972, p 20278.
Multiple Points of Order
The Chair may rule on all points of order raised against a
conference report, whether they are made separately or at one time.
92-2, June 8, 1972, pp 20278-80. But the Chair entertains and rules on
points of order which, if sustained, will vitiate the entire
conference report before entertaining points of order merely against
certain portions of the report. 94-2, Sept. 23, 1976, p 32099.
Where a point of order against a conference report is overruled, a
second point of order may be pressed against the report providing that
debate on the report has not intervened. 91-1, Dec. 19, 20, 1969, pp
40262, 40445-48.
Points of Order and the Question of Consideration
The question of consideration may be raised against a conference
report before the Chair entertains points of order against the report.
Ordinarily, the question of consideration should be put first on the
ground that it is useless to argue points of order if the House is not
going to consider the report; but a point of order should be decided
before the question of consideration where the point of order is
directed to the issue of whether the matter is privileged to come up
for consideration in the first instance. See 94-2, Sept. 28, 1976, p
33018.
Under Sec. 426 of the Budget Act, relating to enforcement in the
House of points of order relating to unfunded or underfunded federal
mandates, a question of consideration can be raised against a
provision in a conference report which increases the costs of such
mandates above levels specified in Sec. 424. If the provision is
precisely identified in the point of order, the House can then, by
voting on the question of consideration, determine whether or not to
allow the provision to remain in the conference report. See Manual
Sec. 1007 and Sec. 426 of the Budget Act.
Sec. 28 . Waiving Points of Order
By Special Rule
Points of order against a conference report--or against the
consideration of a conference report--may be waived pursuant to a
resolution reported by the Committee on Rules and adopted by the
House. 99-1, Oct. 29, 1985, p 29328; 99-2, Oct. 15, 1986, p 31497. The
resolution may waive all points of order or merely one or more
specific points of order. Such a resolution may waive points of order
against a conference report which has not been
[[Page 331]]
filed for three days prior to its consideration, in violation of Rule
XXVIII clause 2 (94-1, Dec. 17, 1975, pp 41325, 41328; 95-2, Oct. 14,
1978, p 38623). Other points of order that may be waived include :
<box> A provision not committed to conference as not included in
either the pending Senate bill or the House amendment. 92-2,
Jan. 25, 1972, p 1076.
<box> Matters beyond the scope of the differences committed to
conference in violation of clause 3 of Rule XXVIII (relating to
conference substitutes). 97-2, Aug. 11, 1982, pp 20481, 20482;
99-2, July 24, 1986, p 17599.
<box> Nongermane Senate amendments which would be subject to a
separate vote under Rule XXVIII clause 4. 93-2, Oct. 9, 1974, p
34758-63; 94-2, Apr. 13, 1976, p 10811; 94-2, Aug. 10, 1976, p
26722.
<box> An appropriation in a Senate amendment. 7 Cannon Sec. 1577;
92-2, July 27, 1972, pp 25822-24.
<box> An amendment which would otherwise be subject to a point of
order that the language proposed is legislation on an
appropriation bill. 88-1, Dec. 23, 1963, p 25495.
A resolution reported from the Committee on Rules may be drafted
in such a way as to waive all points of order against a conference
report except against certain provisions, i.e., sections therein which
contain matter beyond the House conferees' scope of authority in
violation of Rule XXVIII clause 3. 93-2, Feb. 27, 1974, p 4397.
Resolutions waiving certain points of order against a conference
report are subject to germane amendment if the previous question on
the resolution is voted down. 93-2, Feb. 27, 1974, pp 4397, 4407,
4408.
By Unanimous Consent
By unanimous consent the House may waive some or all of the points
of order that would otherwise lie against a conference report, and may
take such action before the report has been filed or even before the
conferees have reached agreement. 98-2, June 18, 1984, p 16841; 99-1,
Dec. 16, 1985, p 26559. By unanimous consent, the House has waived
points of order against:
<box> The three-day layover requirements of clause 2(a) of Rule
XXVIII to permit the consideration of a report and amendments
in disagreement. 98-1, Sept. 29, 1983, p 26497.
<box> The midnight filing of a new report on a bill recommitted to
conference, and the consideration of the report on the
following day. 97-2, Aug. 17, 1982, pp 21397, 21398.
<box> The consideration of a report (on a bill on which conferees
had just been appointed) on that same day or any day thereafter
(if filed). 99-1, Aug. 1, 1985, p 22640.
[[Page 332]]
<box> The consideration of a report not yet filed and amendments
reported in disagreement, subject to one-hour availability to
Members. 97-2, Dec. 19, 1982, p 32401.
<box> The requirements of clause 3 (relating to scope of conference
substitutes) and clause 4 (nongermane Senate amendments) of
Rule XXVIII. 98-2, Mar. 27, 1984, p 6576.
<box> The consideration of a report containing no joint statement of
the managers. 98-2, June 29, 1984, p 20206.
By Motion to Suspend the Rules
A conference report may be adopted pursuant to a motion to suspend
the rules. 91-2, Dec. 31, 1970, pp 44282, 44291. Thus, the Speaker may
recognize a Member to move to suspend the rules and agree to a
conference report which has been ruled out of order because the
conferees exceeded their authority in violation of Rule XXVIII clause
3. 93-2, Dec. 20, 1974, pp 41860, 41861.
C. Consideration and Disposition of Reports
Sec. 29 . In General; Custody of Official Papers
Both Houses of Congress must agree to a conference report, and
they do so seriatim. Either House must be in possession of the
official papers before it can act. Manual Sec. 549. 89-1, Oct. 20,
1965, pp 27698-708. Under a practice suggested by Jefferson (Manual
Sec. 555), at the close of an effective conference, the official
papers change hands from the House asking the conference to the House
agreeing to the conference. The managers on the part of the House
agreeing to the conference take possession of the papers and submit
them and the report to their House, which acts first on the report. 8
Cannon Sec. 3330; 88-1, Dec. 19, 1963, p 25249. But the managers for
the agreeing House may nevertheless surrender the papers to the asking
House so that it may act first on the report. 8 Cannon Sec. 3330. And
the asking House will sometimes retain the official papers at the
successful conclusion of the conference (instead of following the
customary practice of surrendering them to the agreeing body) and act
first on the report. 89-1, Oct. 20, 1965, pp 27698-708.
Where a conference breaks up without reaching any agreement, the
managers for the House which (having the papers) asked the conference,
are justified in retaining them and carrying them back to their House.
5 Hinds Secs. 6254, 6571-6584; 8 Cannon Sec. 3332. However, in the
event that the matter in disagreement is an amendment of the House
which requested the conference, the papers may be surrendered to the
other House to permit it to
[[Page 333]]
act first on, and respond to, that amendment. 94-1, Oct. 7, 1975, pp
31510, 32064.
Sec. 30 . Layover and Availability Requirements
Generally
The floor consideration of conference reports is subject to the
layover and availability requirements of the House rules. Rule XXVIII
clause 2. Manual Sec. 912a. They require that conference reports:
<box> Be printed in the Record on the day filed and be available for
three calendar days (excluding Saturday, Sunday, and legal
holidays unless the House is in session).
<box> Be available to Members on the floor for at least two hours
before consideration thereof.
The three-day layover requirement does not apply during the last
six days of a session. Manual Sec. 912a. This is construed to mean
that, during the last six calendar days, a conference report may be
called up on the same day it is filed. 91-2, Dec. 29, 1970, pp 43804-
08, 43813-15.
Rule XXVIII was amended in 1972 to clarify the manner of counting
the three days for the layover period; it forbids consideration of
conference reports, including reports in complete disagreement, until
the third calendar day following printing in the Record. 92-2, Oct.
13, 1972, pp 36013-15, 36021-23.
Waivers
The three-day layover rule may be waived by unanimous consent
(Sec. 31, infra), by suspension of the rules on suspension days (93-1,
June 29, 1973, pp 22381 et seq.), or, more commonly, by adoption of a
special rule or resolution from the Rules Committee. 92-2, Feb. 24,
1972, p 5495; 92-2, Aug. 18, 1972, p 29128. Such a resolution permits
consideration of a report on the same day as filed, and sometimes
permits a waiver of the three-day layover requirement for the entire
remainder of a session. 92-1, Dec. 9, 1971, p 45873; 93-2, Dec. 18,
1974, pp 40846, 40847.
Even if the three-day layover requirement is waived, the
conference report is still to be available at least two hours before
the matter is taken up for consideration, though the two-hour
requirement may likewise be waived pursuant to a report from the
Committee on Rules. 94-2, Feb. 26, 1976, p 4625. The two-hour
requirement may also be waived pursuant to a unanimous-consent
agreement providing for consideration ``immediately'' after filing.
96-1, Sept. 28, 1979, p 26852.
[[Page 334]]
Sec. 31 . Calling Up Report; Reading
Generally; Precedence
A conference report may be called up in the House for floor
consideration as privileged business after the report has been filed
and is in compliance with the three-day layover and two-hour
availability requirements of Rule XXVIII, discussed above (Sec. 30,
supra). Unanimous consent is not required. 86-1, Sept. 2, 1959, p
17769.
Because of its potential value in settling House-Senate
differences and as a parliamentary courtesy, a conference report is
considered as a matter of high privilege (5 Hinds Sec. 6443), its
presentation taking precedence over:
<box> Unfinished business. 95-2, Oct. 4, 1978, p 33473.
<box> The reading of a bill. 5 Hinds Sec. 6448.
<box> A Member occupying the floor in debate. 5 Hinds Sec. 6451.
<box> The ordering of (or demand for) the previous question. 5 Hinds
Secs. 6449, 6450.
<box> The question of ordering a recorded vote. 5 Hinds Sec. 6447.
<box> A motion to refer a Senate bill. 5 Hinds Sec. 6457.
<box> A motion to reconsider. 5 Hinds Sec. 5605.
But the consideration of a veto message from the President is a
matter of higher privilege, and may interrupt consideration of a
conference report and amendments in disagreement if the previous
question has not been ordered. 95-2, Oct. 5, 1978, p 33704.
Who May Call Up
A conference report may be called up for consideration in the
House by the senior manager on the part of the House at the
conference, and he may be recognized to do so even though he did not
sign the report and was in fact opposed to it. 90-1, Dec. 6, 1967, pp
35144-51. If the senior House manager is unable to be present on the
floor to call up the report, the Speaker may recognize another member
of the conference committee. 91-1, Dec. 23, 1969, pp 40982-84.
Reading
A conference report that meets the layover and availability
requirements of Rule XXVIII need not be read when called up for
consideration in the House. 96-1, Mar. 27, 1979, p 6301. If it has not
been available for the three-day period, it must be read in full when
called up for consideration (96-1, May 23, 1979, p 12469), unless
dispensed with by unanimous consent (95-1, Aug. 3, 1977, p 26532) or
by special rule. 95-1, Aug. 2, 1977, p 26103; 95-1, Aug. 4, 1977, p
27067. The statement of the managers ac-
[[Page 335]]
companying a conference report may by unanimous consent be read in
lieu of the report. 95-1, July 18, 1977, p 23460.
Withdrawal; Postponement
A conference report may be withdrawn from consideration in the
House by the Member calling it up at any time before action thereon.
95-1, July 18, 1977, p 23460.
A motion to postpone the consideration of a conference report to a
time certain is permitted until the question is put on the report;
thereafter postponement is permitted only by unanimous consent. 93-2,
Oct. 15, 1974, p 35640.
Sec. 32 . En Bloc Consideration
Reports
Ordinarily, it is not permissible to consider several conference
reports en bloc; each conference report should be considered and voted
upon separately. 91-2, June 29, 1970, p 21833. However, pursuant to a
resolution from the Committee on Rules, the House may consider and
vote on two or more conference reports en bloc. 95-2, Oct. 14, 1978, p
38350.
Amendments in Disagreement
Where two or more amendments have emerged from conference in
disagreement, they may by unanimous consent be considered en bloc
where the same motion is to be applied to each amendment. 96-1, Nov.
29, 1979, p 34115. In one instance, for example, the House disposed of
some 47 Senate amendments by a single motion to recede and concur. 95-
2, Sept. 28, 1978, p 32449. Disposition of Senate amendments
generally, see Senate Bills; Amendments Between the Houses.
In a few instances, the Chair has entertained a unanimous-consent
request for en bloc consideration even where the proposed motions to
dispose of the amendments were not all the same, as where they
proposed to recede and concur with different amendments changing
section numbers in the report. 102-1, Nov. 6, 1991, p ____; 102-2,
Sept. 25, 1992, p ____; 102-2, Oct. 1, 1992, p ____. Compare 96-1,
Nov. 9, 1979, p 31797.
Sec. 33 . Debate
Generally; Extending Time
Debate on a conference report is under the hour rule. (See Rule
XIV clause 2; Manual Sec. 758.) Such debate may be extended by
unanimous consent but not by motion. 92-2, June 8, 1972, pp 20278-80;
98-2, June 27,
[[Page 336]]
1984, p 19018. The one hour of debate could also be continued if the
motion for the previous question were rejected and may also be
extended by adoption of a special rule reported by the Committee on
Rules. 93-2, Feb. 27, 1974, p 4397; 94-1, Mar. 26, 1975, p 8916.
Division of Time
The time for debate on a conference report or an amendment
emerging from conference in disagreement is equally divided between
the majority and minority parties, pursuant to Rule XXVIII clause 2.
Manual Sec. 912. The rule has been interpreted to require an equal
allocation of time on a motion to dispose of an amendment in
disagreement following rejection of a conference report by the House
(94-1, Dec. 15, 1975, p 40714; 95-1, Sept. 16, 1977, p 29599) or
following the sustaining of a point of order against a conference
report (94-2, Sept. 27, 1976, p 32704; 94-2, Sept. 30, 1976, p 34085).
Indeed, it has become the practice of the House to equally divide the
time on all motions to dispose of amendments emerging from conference
in disagreement, whether the amendment has been reported in
disagreement or has come before the House at some other stage for
disposition. See Manual Sec. 912. See also 99-2, Oct. 15, 1986, p
31506.
Three-way Division of Debate
Rule XXVIII clause 2 was amended in the 99th Congress to provide
that if both the floor manager for the majority and the floor manager
for the minority support a conference report the hour of debate
thereon may be divided three ways--among the two managers and a Member
who is opposed. Manual Sec. 912a. 99-1, Aug. 1, 1985, p 22640. This
allocation may not be claimed if the minority manager states that he
or she is opposed to the report. 99-2, Oct. 15, 1986, p 31515.
Recognition of a Member to control the 20 minutes of debate in
opposition does not depend upon party affiliation. 99-1, Dec. 11,
1985, p 36069; 99-1, Dec. 16, 1985, p 36717. Priority in such
recognition is accorded to a member of the conference committee. 100-
1, Dec. 21, 1987, p 37516.
To open debate, the Chair recognizes first the majority manager,
then the minority manager, then the Member in opposition. The right to
close the debate where the time is divided three ways falls to the
manager offering the motion. 101-1, Nov. 21, 1989, p 30814. A similar
three-way division of time applies to the motion offered by the floor
manager to dispose of an amendment remaining in disagreement if the
floor managers for the majority and minority favor the motion. Manual
Sec. 912b.
[[Page 337]]
Sec. 34 . -- Recognition; Control of Debate Time
Generally
When a conference report is called up and a Senate amendment in
disagreement is pending, the hour of debate time is equally controlled
by the majority and minority parties. 95-1, Oct. 12, 1977, p 33445;
95-1, Sept. 15, 1977, p 29425. Where the Member calling up the report
does not seek recognition as a majority member to offer a motion to
dispose of the matter reported in disagreement, another majority
member may be recognized to offer such a motion and to control one-
half of the time thereon. 95-1, Nov. 3, 1977, pp 36959, 36966. And
where conferees have been appointed from two committees of the House,
the Speaker may recognize the chairman of one committee to control 30
minutes and a minority member of another committee to control 30
minutes. 92-2, Jan. 19, 1972, pp 319-324. By unanimous consent, the
time allocated to the majority and minority may be reallocated to
other Members, with the right of those Members to yield time to other
Members. 99-2, Oct. 8, 1986, p 29714.
Debate in the House on a Senate amendment reported from conference
in disagreement having been divided, the minority member in charge
controls 30 minutes for debate only and can yield to other Members
only for debate. 94-1, Dec. 4, 1975, p 38717; 95-1, Aug. 2, 1977, p
26209. Another minority member, merely by offering a preferential
motion, does not thereby control one-half of the time under the
original motion. 98-2, Oct. 10, 1984, p 31694.
But if the original motion is defeated, a second motion to dispose
of the amendment may be offered; and if the second motion is offered
by a minority member, the Chair may allocate the hour of debate
between him and a majority member, although neither controlled time on
the initial motion. 96-2, July 2, 1980, pp 18357-60.
Debate Following Division of the Question
Where a preferential motion to recede and concur in an amendment
reported from conference in disagreement has been divided, one hour of
debate, equally divided between the majority and minority, is
permitted on the motion to recede; and if the previous question is
ordered only on the motion to recede and if the House then recedes and
a preferential motion to concur with an amendment is offered, another
hour of debate equally divided is permitted. 95-1, Aug. 2, 1977, p
26206; 95-2, Oct. 5, 1978, p 33698. The Chair may put the question on
receding without debate if the majority and minority floor managers do
not seek recognition to debate that portion of the original motion,
since the subsequent question of concurring, or concur-
[[Page 338]]
ring with an amendment, is debatable for one hour, equally divided
between the managers. 98-2, Oct. 10, 1984, p 31694.
Sec. 35 . Recommittal of Report
Generally; By Motion
A motion to recommit a conference report is in order if the other
House has not acted on the report and thereby discharged its managers.
See Rule XVII clause 1. 88-1, Dec. 19, 1963, p 25249; 90-2, June 5,
1968, p 16058. After one House has acted on a report, thus discharging
its managers, the other House has only the option of accepting or
rejecting it. 89-1, Oct. 20, 1965, pp 27698-708. After both Houses
have acted on the report, it can be recommitted to conference only by
concurrent resolution. 8 Cannon Sec. 3316.
The motion to recommit is said to be the prerogative of the
minority. See Refer and Recommit. But the Speaker has recognized a
majority member to offer a motion to recommit a conference report in
the absence of a minority member seeking recognition to offer the
motion. 91-2, July 23, 1970, p 25616.
A motion to recommit a conference report is not in order until the
previous question has been ordered on the report. 91-2, Dec. 15, 1970,
p 41502. Thereafter, a motion to recommit the report is in order. 87-
1, Sept. 21, 1961, p 20533; 88-1, Dec. 21, 1963, p 25409. Only one
valid motion is permitted, so if the motion is voted down, the
question before the House is on the adoption of the report. 87-2,
Sept. 20, 1962, pp 20094, 20105. However, if a recommittal motion with
instructions is ruled out on a point of order, a valid motion can
still be offered. A motion to recommit comes too late after the report
has been agreed to. 90-2, May 22, 1968, pp 14402-05.
Where a conference report is recommitted to conference, the House
managers carry the original papers back to conference. 92-1, Dec. 1,
1971, p 43835. The same conferees remain appointed. 97-2, Aug. 17,
1982, pp 21397, 21398. If a second report is then filed by the
conferees, it is numbered and otherwise treated as a new and separate
report. 87-2, June 29, 1962, pp 12135, 12297, 12355.
Instructions in motion to recommit, see Sec. 15, supra.
[[Page 339]]
Recommittal by Unanimous Consent
Conference reports are sometimes recommitted by unanimous consent.
89-1, June 30, 1965, p 15212; 90-1, June 28, 1967, p 17738; 93-2, July
9, 1974, p 22319. This procedure may be used:
<box> To recommit a report in which an error has been discovered.
89-1, June 30, 1965, p 15212.
<box> To permit the conferees to make certain changes and to file a
new report. 93-1, Nov. 7, 1973, p 36222.
<box> Where the conferees have exceeded their authority in reporting
a matter not in disagreement. 90-1, June 28, 1967, p 17738.
Sec. 36 . Final Disposition of Report; Voting
Generally
As a general rule, when a conference report has been debated and
its final disposition is pending only three courses of action to
dispose of the report are available to the Members: (1) agree, (2)
disagree, or (3) recommit to conference. See 5 Hinds Secs. 6546, 6558.
(Recommittal, see Sec. 35, supra.) Conference reports may not be:
<box> Disposed of by the motion to table. 5 Hinds Secs. 6538-6544.
<box> Referred to a standing committee. 5 Hinds Sec. 6558.
<box> Amended (5 Hinds Secs. 6534, 6535), except by concurrent
resolution (5 Hinds Sec. 6536).
<box> Sent to Committee of the Whole. 5 Hinds Secs. 6559-6561.
A report having been presented, the motion to agree to the report
is regarded as pending. The Speaker may put the question on the report
without motion from the floor. 5 Hinds Sec. 6517; 8 Cannon Sec. 3300.
While most reports are agreed to by majority vote, a two-thirds vote
is required on a report relating to a constitutional amendment (5
Hinds Sec. 7036) and under Rule XXI clause 5(c), a three-fifths vote
is required on a conference report carrying a federal income tax vote
increase. Speaker's discretion to postpone a vote on a conference
report, see Rule I clause 5(b). Manual Sec. 631. Postponement by
unanimous consent, see Sec. 31, supra.
Partial Reports
A conference report must generally be acted on as a whole, and
either agreed to or disagreed to in its entirety. Rejection of a
portion of a conference report under a House rule permitting such a
separate vote results in the rejection of the entire report. 92-1,
Nov. 10, 1971, pp 40479, 40481. And until the report has been acted on
no motion to deal with individual amendments is in order. 5 Hinds
Secs. 6323, 6389, 6390. In some cases, how-
[[Page 340]]
ever, the managers return to the House with a partial conference
report dealing with the amendments on which they have reached
agreement, but specifying one or more amendments that remain in
disagreement. 5 Hinds Secs. 5460-5464. In such cases, the vote first
occurs on agreeing to the conference report on those matters on which
agreement has been reached; the amendments reported therein in
disagreement are reported and acted on seriatim thereafter. 88-1, Dec.
24, 1963, p 25532. Amendments reported in total disagreement, see
Sec. 39, infra.
Motions to Reconsider the Vote
After disposition of the report and amendments reported from
conference in disagreement, it is in order to move to reconsider the
vote on a motion disposing of one of the amendments. 97-1, Nov. 22,
1981, p 28754; 98-1, Oct. 5, 1983, p 27323. But the Speaker may put
from the Chair as one question reconsideration of all those votes
(subject to demand for a separate vote on reconsideration of any
question) and a Member may then move to lay all motions to reconsider
on the table. 95-2, Oct. 4, 1978, p 33480.
Sec. 37 . Effect of Rejection of Report; Further Conferences
When either House disagrees to a conference report the matter is
left in the position it was in before the conference was asked. 5
Hinds Sec. 6525. Motions for the disposition of amendments in
disagreement or to send the matter to further conference are again in
order. 8 Cannon Sec. 3303. See also 87-1, Sept. 13, 1961, pp 19219-21.
Thus, the House may reject a conference report, insist on disagreement
to a Senate amendment, and ask for a further conference. 87-1, Sept.
26, 1961, pp 21427-40; 88-2, Aug. 18, 1964, pp 20121, 20127; 95-2,
Feb. 28, 1978, p 5018. However, a motion to instruct House managers at
a new conference is not in order until the motion to go to further
conference has been agreed to. 94-1, May 1, 1975, p 12761.
D. Disposition Where Conferees Report in Total Disagreement
Sec. 38 . In General
Where the managers at a conference are unable to come to any
agreement on the matters committed to them, they must prepare a
written report to that effect and must sign the report. Compare 5
Hinds Secs. 6565-6570. The report must be filed and ordered printed.
Manual Sec. 545. Under the former
[[Page 341]]
practice, amendments reported in total disagreement could be taken up
for immediate consideration in the House. 8 Cannon Secs. 3299, 3332.
Today the matter in disagreement is subject to the three-day layover
requirement of Rule XXVIII clause 2(b). 97-1, Nov. 12, 1981, p 27226.
House action on amendments reported in total disagreement differs
from that of the Senate. In the Senate, a conference report in total
disagreement is considered before disposition of the reported
amendments. 96-1, May 23, 1979, p 12399. In the House, after the
report is called up, action is taken on the amendment in disagreement
but not on the report. 99-1, Nov. 1, 1985, pp 30126-68. Thus, where
conferees report in disagreement, and the Senate then recedes and
concurs in the House amendments with an amendment, the conference
report is not acted on in the House; the Speaker merely directs the
Clerk to report the Senate amendment to the House amendments for
disposition by motion. 90-1, Sept. 19, 1967, p 26040; 95-2, May 17,
1978, p 14116. Debate (including possible three-way debate) and voting
proceeds in the same manner as on amendments reported from conference
in partial disagreement. See Secs. 33 et seq., supra. Motions to
dispose of amendments in disagreement, see Senate Bills; Amendments
Between the Houses.