[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 13. Conferences Between the Houses]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
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 Orders of Business
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. Consideration of 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
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Sec. 23. Nongermane Senate Matter
Sec. 24. Senate Appropriations on House Legislative Bill
Sec. 25. Senate Legislation on House Appropriation Bill
Sec. 26. Congressional 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. Filing and 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 Managers Report in Total Disagreement
Sec. 38. In General
Research References
5 Hinds Sec. Sec. 6254-6589
8 Cannon Sec. Sec. 3209-3332
Deschler-Brown Ch 33
Manual Sec. Sec. 530-559, 637, 1069-1094
I. Generally
Sec. 1 . In General; Purpose
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 Sec. Sec. 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
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 amendments that are
messaged between the Houses. Such action is taken in the expectation
that one House
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will eventually concur (or recede and concur) with the amendments of
the other House and thereby finally pass the bill. See Senate Bills;
Amendments Between the Houses. Another approach aimed at reconciling
differences is 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
Sec. Sec. 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.
Sec. Sec. 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 agree
to the conference or it may disregard the request and act on the
pending unresolved amendments. 5 Hinds Sec. Sec. 6313-6315. In the
latter case it may simply concur in the amendments or recede from
disagreement, thereby rendering a conference unnecessary if no further
issues remain to be disposed of between the Houses. 5 Hinds
Sec. Sec. 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 bills have been sent to conference by a single House action.
Deschler Ch 21 Sec. 27.6. Differences over a joint or concurrent
resolution also may be sent to conference. 5 Hinds Sec. Sec. 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:
The prerogatives of the two Houses in the origination of
revenue measures. 2 Hinds Sec. 1487.
The instructions given by one House to its managers. 5 Hinds
Sec. 6401.
The procedures to be followed in an impeachment proceeding. 3
Hinds Sec. 2304.
The time for the convening of the next session of Congress. 5
Hinds Sec. 6255.
Papers in the nature of petitions. 5 Hinds Sec. 6263.
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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 or to an insistence by the House on its own
amendment. Manual Sec. 533; 6 Cannon Sec. 732.
Member: M_. Speaker, I ask unanimous consent to take from the
Speaker's table the bill H.R. ___, with the Senate amendment[s]
thereto, disagree to the Senate amendment[s], and [ask for a
conference with the Senate] [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 offered
under clause 1 of rule XXII. The motion is privileged in the
discretion of the Speaker if the motion is offered by direction of the
primary committee and of all reporting committees that had initial
referral of the measure. Manual Sec. Sec. 1069, 1070. This restraint
is intended to prevent the use of that motion as a dilatory tactic.
Manual Sec. 535. The motion may be offered only while the House is in
possession of the papers.
Initial Senate amendments may be taken from the Speaker's table
and sent to conference by motion under this rule. Manual
Sec. Sec. 533, 1069, 1070. The motion permitted by the rule also may
be raised at subsequent stages of the amendment process between the
Houses and may include a motion to disagree to a Senate amendment to a
House amendment to a Senate bill and request a conference (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. 1070).
A Member offering 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. Deschler-Brown Ch 33 Sec. 2.14. When the previous question is
ordered on the motion, further debate may occur only by unanimous
consent. Deschler-Brown Ch 33 Sec. 2.15.
Clause 1 of rule XXII requires a separate committee authorization
with respect to each particular bill to be sent to conference. Clause
2(a)(3) of rule XI allows committees to adopt a committee rule
authorizing the chair of the committee to offer a motion under clause
1 of rule XXII whenever the chair considers is appropriate. Where a
measure has been reported by two or more committees of initial
referral, each reporting committee must authorize the motion sending
it to conference. A committee receiving sequential referral
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of a bill or not reporting thereon need not authorize the motion. On a
Senate bill with a House amendment consisting of the text of two
corresponding House bills that were previously reported to the House,
the motion must be authorized by the committees reporting those
corresponding bills. Manual Sec. 1070. The primary committee of
jurisdiction may authorize the motion on an unreported measure. 106-2,
Oct. 11, 2000, p 22250.
Motions to send a measure to conference pursuant to clause 1 of
rule XXII are generally made by the chair of the legislative committee
with primary jurisdiction over the measure, acting by direction of
that committee as follows:
Member: M_. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on _____, I move to take from the
Speaker's table the bill (H.R. ___) with the Senate amendment[s]
thereto, disagree with the Senate amendment[s] and agree to the
conference requested by the Senate [or request a conference with the
Senate thereon].
Member: M_. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on _____, I move to take from the
Speaker's table the bill (S. ___) with the House amendment[s]
thereto, insist on the House amendment[s] and agree to the
conference requested by the Senate [or request a conference with the
Senate thereon].
A motion to send a bill to conference may not be amended to
include instructions to House managers; instructions are properly
offered by separate motion following the adoption of the motion to go
to conference and before managers are appointed. Deschler-Brown Ch 33
Sec. 2.18. For a discussion of motions to instruct, see Sec. 11,
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 Sec. Sec. 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 Sec. Sec. 6273-6277. In any event, the request
for a conference must always be by the House that is in possession of
the papers. Manual Sec. 530. For a discussion on when the stage of
disagreement is reached, see Senate Bills; Amendments Between the
Houses, Sec. 16.
Motions
A motion to disagree or insist and request a conference is in
order before, or after (subject to preferential motions), the Houses
have reached the
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stage of disagreement if made pursuant to clause 1 of rule XXII.
Manual Sec. Sec. 528, 535, 1070; see also Senate Bills; Amendments
Between the Houses.
Once a motion to request a conference has been rejected, its
repetition at the same stage of the proceedings has not been permitted
where no other motion to dispose of the matter in disagreement has
been considered. 5 Hinds Sec. 6325. However, a motion under clause 1
of rule XXII may be repeated, if 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. Sec. 535, 1070.
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, there have been rare instances where the House
by unanimous consent has ``deemed'' a House bill with possible Senate
amendments sent to conference before Senate passage of the bill with
amendment, effective when subsequently in possession of the papers, in
order to permit managers to be appointed and to formally meet if the
House is not in session. See, e.g., 105-2, Apr. 1, 1998, p 5735.
Sec. 5 . Effect of Special Orders of Business
Amendments may be sent to conference pursuant to a special order
of business from the Committee on Rules. 4 Hinds Sec. Sec. 3242-3249.
The special order of business may or may not preclude intervening
motions, and may direct the Speaker to appoint the managers. 4 Hinds
Sec. 3242. The special order of business may:
Take a House bill with Senate amendments from the Speaker's
table and send it directly to conference. 7 Cannon Sec. 826.
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.
Deem a Senate bill amended with House text and a conference
requested thereon, upon passage of House text and receipt of
Senate bill, and authorizing the appointment of conferees
before the motion to instruct. 108-2, Oct. 7, 2004, 21723.
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 Sec. Sec. 3243, 3244.
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Discharge a committee from consideration of a bill with Senate
amendments and ask for, or agree to, a conference thereon. 7
Cannon Sec. Sec. 820, 821.
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 clause 11 of
rule I. Manual Sec. 637. The terms ``manager'' and ``conferee'' are
used synonymously in the modern precedents and are so used in this
chapter. Clause 11 of rule I contains guidelines for the Speaker to
observe when appointing conferees. Conferees should include:
A majority of Members who generally supported the House
position, as determined by the Speaker.
Members who are primarily responsible for the legislation.
To the fullest extent feasible, Members who were the principal
proponents of the major provisions of the bill as it passed the
House.
These guidelines permit the exercise of broad discretion by the
Speaker in making appointments. Manual Sec. 637. The Speaker may
specify the legislative issues on which individual managers are to
confer. Manual Sec. 536.
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, and the complexity of the bill and the number of committees
with jurisdiction may be considered. 8 Cannon Sec. 3221. A motion to
instruct the Speaker as to the number of managers to be appointed is
not in order. Manual Sec. 637; 8 Cannon Sec. 3221.
Conference agreements are reached when a majority of House
managers agree with a majority of Senate managers, which is indicated
by their signing of the conference report. The number of managers
appointed by the Senate does not affect the Speaker's determination as
to the number of House managers because the managers of one House vote
separately from those of the other. 5 Hinds Sec. 6334. For a
discussion of conference meetings, see Sec. 10, infra.
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Time of Appointment
Conferees are usually appointed by the Speaker immediately after
the request for a conference is granted, but they may be appointed at
a subsequent time. 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. Deschler-
Brown Ch 33 Sec. 6.17.
Sec. 7 . Committee Representation
The Speaker in making appointments to a conference normally
consults with the chair of the committee having jurisdiction over the
bill. Members of that committee are ordinarily designated as managers.
Deschler-Brown Ch 33 Sec. 6.1. The Speaker may make such appointments
without regard to committee seniority. 99-2, July 16, 1986, p 16705.
On a comprehensive matter, the Speaker may appoint separate groups of
conferees from several committees for consideration of provisions
within their respective jurisdictions. Manual Sec. 637.
The Speaker may appoint members from a nonreporting committee as
conferees on a provision in a Senate measure within that committee's
jurisdiction. Manual Sec. 637. The Speaker may, after appointing
general conferees from a reporting committee on all Senate provisions,
appoint additional conferees from an additional reporting or
nonreporting committee on a specified section. 107-2, Mar. 7, 2002, p
2747.
In the current practice, the Speaker has announced a policy of
simplifying conference appointments by noting on the occasion of a
relatively complex appointment that, inasmuch as conference committees
are select committees that dissolve when their report is acted upon,
conference appointments should not be construed as jurisdictional
precedent. Manual Sec. 637.
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. Clause
11 of rule I; 5 Hinds Sec. Sec. 6341-6368. 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 11, the Speaker may supplement an
appointment of conferees by modifying the array of separate panels and
by further specifying the subject matter to be considered by such
panels. Deschler-Brown Ch 33 Sec. 8.7.
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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 death or ill health,
resignation, or removal. Deschler-Brown Ch 33 Sec. Sec. 8.3, 8.8. 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. The letter is laid before the House. A conferee may be
excused by unanimous consent at the request of another Member,
particularly where time is of the essence. Deschler-Brown Ch 33
Sec. 8.2.
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. Deschler-Brown Ch 33 Sec. 8.10.
Under clause 11 of rule I, conferees may be removed from a
conference committee by the Speaker. Before the adoption of that rule,
conferees were removed only by action of the House by unanimous
consent. Deschler-Brown Ch 33 Sec. 8.1.
In the modern practice of the House, a bill is normally sent only
to a single conference. However, in earlier years, several conferences
were sometimes held on the same bill, and it was common to change
managers at each conference. 5 Hinds Sec. Sec. 6288-6291, 6324. So
fixed was this practice that their reappointment had a special
significance, indicating an unyielding temper. 5 Hinds Sec. Sec. 6352-
6368. However, later practice was to reappoint the same managers (5
Hinds Sec. Sec. 6341-6344) unless a change was necessary to enable the
sentiment of the House to be represented (5 Hinds Sec. 6369). For
motions to discharge and appoint new conferees, see Sec. 14, infra.
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:
May not change text that has already been agreed to by both
Houses. 5 Hinds Sec. Sec. 6417, 6418, 6420.
May not address new items or a new subject not committed to
the conference. 5 Hinds Sec. Sec. 6407, 6408; 8 Cannon
Sec. Sec. 3254, 3255; 107-2, Nov. 14, 2002, p 22408.
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Must confine themselves to matters that are within the scope
of the difference between the House position and the Senate
position. Manual Sec. 1088.
These limitations stem from the fundamental principle 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. Manual Sec. 1088. 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.
Clause 9 of rule XXII permits managers to propose a substitute
that is a ``germane modification'' of the matter in disagreement but
proscribes the presentation of ``specific additional'' matter not
committed to conference. Clause 9 further prohibits the report of the
managers from including matter not committed to the conference by
either House or a modification of any specific matter committed to the
conference if that modification is beyond the scope thereof. Manual
Sec. 1088. For a discussion of points of order against the report, see
Sec. 22, infra; for the use of special orders of business to waive the
point of order for exceeding ``scope,'' see Sec. 28, 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 Sec. 3264. 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. Where the dates contained in both
versions have since passed, the conferees may report the Senate
amendment back in technical disagreement so that the effective date
can be reconsidered. Deschler-Brown Ch 33 Sec. 7.12.
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
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exceeded their authority. Deschler-Brown Ch 33 Sec. 7.7. 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. Manual Sec. 1088.
Extending Authority of Managers by Resolution
On rare occasions, the managers of a conference have been
permitted to take up a matter not in issue between the Houses pursuant
to a concurrent resolution. 5 Hinds Sec. Sec. 6437-6439. Concurrent
resolutions permitting managers to consider matters not technically
committed to conference are considered by unanimous consent. Manual
Sec. 527.
Sec. 10 . Meetings
Generally; Voting
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 unqualified signatures of a majority of the
managers from each House are sufficient. For a more thorough
discussion of signatures on a conference report, see Sec. 18, infra.
Meetings as Open or Closed
Clause 12 of rule XXII requires a meeting of each conference
committee to be open to the public except where the House by record
vote determines otherwise. Manual Sec. 1093. The rule permits a point
of order in the House against the report if the House managers fail to
meet at least once in open session as required. See Manual Sec. 548.
If the point of order is sustained, it results in rejection of the
report (signatures notwithstanding) and in an automatic request for a
new conference, and it permits the appointment
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of new conferees without intervening motion to instruct. Deschler-
Brown Ch 33 Sec. 5.13.
Motions to Close a Conference Meeting
Under clause 12 of rule XXII, a motion to authorize conferees to
close a conference meeting is privileged for consideration in the
House after the House has agreed to go to conference. The motion is
not debatable and must be decided by the yeas and nays. The motion may
be amended only if the Member offering the motion yields for that
purpose (or the previous question is rejected). Manual Sec. 1093. 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 of Congress shall have
the right to attend such meeting. 95-2, July 14, 1978, p 20960.
Points of Order as to Meeting Irregularities
There are few formal House rules that govern procedures to be
followed in conducting a meeting of the conferees. Pursuant to clause
12 of rule XXII, managers on the part of the House should abide by
certain guidelines with respect to notice of meetings, topics open to
discussion, and security of papers, and shall be provided with a
``unitary time and place'' to examine the final conference report.
Clause 12(b) provides for a point of order against a conference report
where the conference committee did not comply with these strictures.
Clause 13 of rule XXII also prohibits the consideration of any
conference report that differs in any way from the text that reflects
the action of the conferees on all differences between the two Houses.
Beyond these minimal requirements, the conferees may offer motions
or consider and debate propositions according to their own informal
guidelines or ad hoc rules, with each House having one vote. The
Speaker will not normally sustain a point of order against
consideration of a conference report signed by a majority of House and
Senate conferees based upon irregularities at the conference meeting,
other than the requirement for one open meeting and the other
guidelines of clause 12. 96-2, Mar. 25, 1980, p 6430. This position
reflects the policy that unqualified signatures of a majority of House
and Senate conferees constitute a ratification of any procedural
irregularity alleged to have occurred in a conference committee. The
Speaker will not look behind the signatures to determine whether the
report has incorporated all the agreements informally made in
conference, except as otherwise provided in clauses 12 and 13 of rule
XXII. Deschler-Brown Ch 33 Sec. 18.2. 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
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with a motion agreed to in the conference meeting. Deschler-Brown Ch
33 Sec. 7.13.
III. Instructions to Managers; Motions
Sec. 11 . In General
Instructions In Order
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:
Insist on a portion of a House amendment to a Senate bill. 93-
1, July 24, 1973, pp 25539-41.
Agree to a numbered Senate amendment with an amendment that is
within scope. Manual Sec. 541.
Insist on certain provisions in a House-passed bill. 96-1,
Dec. 19, 1979, p 36895.
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.
Insist on a meeting with Senate conferees. Manual Sec. 1079.
Limitations on Instructions
Instructions may not direct conference managers to do that which
they might not otherwise do (5 Hinds Sec. Sec. 6386, 6387; 8 Cannon
Sec. Sec. 3235, 3244), such as to change a part of a bill not in
disagreement (5 Hinds Sec. Sec. 6391-6394). In addition, instructions
may not:
Change the text to which both Houses have agreed. 5 Hinds
Sec. 6388.
Direct the conferees to agree to something not committed to
conference. Manual Sec. 1088.
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. Manual Sec. 1088.
Direct conferees to concur in a Senate amendment with an
amendment not germane thereto. 8 Cannon Sec. 3235.
Include argument. Clause 7(d) of rule XXII.
One House has no jurisdiction over conferees appointed by the
other. Instructions apply only to managers on the part of the House
giving the instructions. 8 Cannon Sec. Sec. 3241, 3242.
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Conferring Authority to Agree to Certain Senate Amendments
A motion to instruct also may be used to authorize House
conferees, pursuant to clause 5 of rule XXII, to agree to certain
Senate amendments. Clause 5 requires such authorization for Senate
amendments that, if originating in the House, would violate clause 2
of rule XXI (legislation on an appropriation bill or an unauthorized
appropriation) or propose an appropriation on a bill other than a
general appropriation bill. Manual Sec. 1076. However, clause 5 does
not permit a motion to instruct conferees on a general appropriation
bill to include additional legislation to that contained in the Senate
amendment. Manual Sec. 1076.
Sec. 12 . Consideration of 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) 20 calendar days and,
concurrently, 10 legislative days after the second House has appointed
conferees, the conferees having failed to report (Sec. 14, infra), and
(3) immediately before adoption of a conference report by the first
House, in a motion to recommit the conference report to conference
(Sec. 15, infra). For a discussion of recognition and debate of such
motions, see Sec. 13, 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, although the motion may be postponed by unanimous consent
until a time after the appointment. 5 Hinds Sec. Sec. 6379-6382. The
motion is not in order until the House has voted to ask for or agree
to a conference. Deschler-Brown Ch 33 Sec. 10.5. Only one motion to
instruct conferees is in order at this stage. Manual Sec. 541; 8
Cannon Sec. 3236.
Tabling of Motion
A motion to instruct House managers at a conference is subject to
the motion to lay on the table; and, if adopted, does not carry the
bill to the table. Manual Sec. 541. 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 before ordering the previous
question. If the motion to table is voted down,
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the previous question may be moved on the motion to instruct.
Deschler-Brown Ch 33 Sec. 9.13.
Withdrawal or Postponement of Motion
A motion to instruct the House managers at a conference has been
withdrawn after debate thereon. Deschler-Brown Ch 33 Sec. 9.14. The
postponement of consideration of such a motion is permitted by
unanimous consent. Deschler-Brown Ch 33 Sec. 10.4. Under clause 8 of
rule XX, the Speaker may postpone the vote on a motion to instruct.
However, proceedings may not resume on a postponed question of
agreeing to a motion to instruct under clause 7 of rule XXII after the
managers have filed a conference report in the House. Manual
Sec. 1079.
Sec. 13 . -- Debate on Motion; Recognition and Amendments
Recognition and Debate
Recognition to offer the initial motion to instruct House
conferees, and recognition to offer the motion to recommit a
conference report with instructions, are the prerogative of the
minority. The Speaker recognizes the ranking minority member of the
committee reporting the bill when that member seeks recognition to
offer the motion. Manual Sec. 541.
A motion to instruct conferees is debatable under the hour rule.
Under clause 7(b) of rule XXII, the hour is equally divided between
the majority and minority parties unless both support the motion.
Manual Sec. 1078. In that case a Member in opposition to the motion
may demand one-third of the time for debate. No additional debate
thereon is in order unless the previous question is rejected or unless
the Member having the floor yields for amendment. See, e.g., Deschler-
Brown Ch 33 Sec. 9.7. The hour of debate time on a motion to instruct
may be terminated by laying the motion to instruct on the table before
debate. Deschler-Brown Ch 29 Sec. 68.29.
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. Manual Sec. 541.
Divisibility
Neither the initial motion to instruct, nor instructions in a
motion to recommit a conference report, are subject to a division of
the question for voting. Deschler-Brown Ch 30 Sec. 45.2. However, the
20-day motion to instruct (see Sec. 14, infra) is divisible, provided
separate substantive propositions are
[[Page 348]]
presented. Manual Sec. 921. For more on the divisibility of motions,
see Division of the Question for Voting.
Sec. 14 . Motions After Failure of Managers to Report
Where conferees have been appointed for 20 calendar days and,
concurrently, 10 legislative 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. Clause 7(c) of rule XXII. This period runs from the time that
the conference committee has been formed by appointment in both
Houses. Deschler-Brown Ch 33 Sec. 14.3. The Member offering such
motion must give notice of one legislative day under the rule, and
recognition does not depend on party affiliation. Manual Sec. 1079.
When the House adjourns while such motion is pending, the motion
becomes unfinished business on the next day and does not need to be
renoticed. Manual Sec. 877.
The practice that precludes more than one motion in the House to
instruct conferees before 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 requisite
period. Manual Sec. 541. Indeed, a motion to instruct House conferees
who have failed to report for 20 calendar days and, concurrently, 10
legislative 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. The motion remains
available when a conference report is recommitted by the first House
to act thereon, because the conferees are not discharged and the
original conference remains in existence. Manual Sec. 1079.
Sec. 15 . Instructions in Motions to Recommit
A motion to recommit a conference report may include instructions
to the House conferees. 8 Cannon Sec. 3241; Sec. 35, infra. A report
may be recommitted with instructions to insist on disagreement or take
other action on an amendment contained in the report. Deschler-Brown
Ch 33 Sec. 32.38; 94-2, Sept. 28, 1976, p 33034.
However, the motion may not instruct House conferees to include
matter that is beyond the scope of differences committed to
conference. For example, a motion to instruct conferees on a general
appropriation bill may not instruct the conferees to include a funding
limitation not contained in the House bill or Senate amendment or to
add legislation to that contained in a Senate amendment. Manual
Sec. 1076. Similarly, a motion to recommit a conference report may not
instruct conferees to expand definitions to include
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classes not covered under the House bill or Senate amendment or to
include provisions not contained in the House bill or Senate
amendment. A waiver of all points of order against a conference report
and against its consideration does not inure to instructions contained
in a motion to recommit such measure to conference. Manual Sec. 1088.
Under clause 7(d) of rule XXII, instructions to conferees in a
motion to recommit to conference may not include argument.
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. Manual
Sec. 550. A failure of conferees to adhere to such instructions does
not render their report subject to a point of order. Manual Sec. 541;
5 Hinds Sec. 6395; 8 Cannon Sec. Sec. 3246-3248. Conferees are not
required to seek further guidance if they are unable to comply with
instructions suggested to them. Deschler-Brown Ch 33 Sec. 12.4. For
these reasons, a point of order will not lie against a conference
report 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. Manual Sec. 541. For
a discussion of 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. A
conference report may contain an entirely new amendment in the nature
of a substitute. Manual Sec. 543; 5 Hinds Sec. Sec. 6465-6467.
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
Sec. Sec. 6460-6464. For a discussion of disposition of amendments
remaining in disagreement
[[Page 350]]
between the Houses, see Senate Bills; Amendments Between the Houses.
A conference report is jointly prepared by the managers from the
House and 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. Under House precedents, the signatures must be without
qualification, exception, or argument. Sec. 18, infra. Minority views
are not in order. Manual Sec. 543. The managers in the minority have
no authority to make a formal report concerning the conference. 5
Hinds Sec. 6406.
Filing a conference report and subsequent printing in the
Congressional Record are necessary to initiate the three-day waiting
period that must precede the consideration of the report on the floor
of the House. Manual Sec. 1082; Sec. 30, infra. Under clause 7 of rule
XXII the filing of a conference report is privileged. Permission to
file and print a report when the House is not in session may be given
by unanimous consent.
In the case of recommittal of a conference report to a committee
of conference, the subsequent conference report is filed as
privileged, assigned a new number, and otherwise treated as a new and
separate report. Deschler-Brown Ch 33 Sec. 16.2.
Explanatory Statements
Under clause 7(e) of rule XXII, 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 that
the matter contained in the report will have upon the pending measure.
Manual Sec. 1080. This statement is signed by a majority of the
managers of each House, which, under House precedents, must be without
qualification, exception, or argument. Manual Sec. 543.
A report may not be received without the accompanying statement.
Manual Sec. 1080. The Speaker may require the statement to be in
proper form, but it is for the House, and not the Speaker, to
determine its sufficiency. 5 Hinds Sec. Sec. 6511-6513.
Pursuant to clause 9 of rule XXI, the joint explanatory statement
must contain a listing of congressional earmarks and tax and tariff
benefits, or a statement that the proposition contains no such
provisions.
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. Deschler-Brown Ch 33
Sec. 20.4. A conferee may not revise or supplement a joint statement
of managers by inserting in the Con
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gressional Record by unanimous consent extraneous material. Manual
Sec. 1080.
Sec. 18 . Signing and Signatures
To be valid in the House, a conference report must be signed by a
majority of the managers of the House and by a majority of the
managers of the Senate without qualification, exception, or argument.
Manual Sec. 543; 5 Hinds Sec. Sec. 6497-6502 (even though under Senate
practice signatures with conditions or exceptions are counted toward a
majority). In the House each provision must be signed by a majority of
the Members appointed for that provision only (including general and
additional conferees). However, under Senate practice, signatures are
counted strictly per capita. Reports bearing insufficient signatures
are subject to a point of order and will not be received. 5 Hinds
Sec. 6497; 8 Cannon Sec. 3295.
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 Sec. 6500. The name
of an absent manager may not be affixed to a conference report. A
quorum among the managers on the part of the House at a committee of
conference is established by their signatures on the conference report
and joint explanatory statement. Manual Sec. 1080. Pursuant to clause
12 of rule XXII, managers on the part of the House must be provided a
unitary time and place to sign (or not) the conference report and
joint explanatory statement. Manual Sec. 1093.
Signatures with Qualifications
Under prior practice, conferees were permitted to sign a
conference report with qualification or exception. 5 Hinds
Sec. Sec. 6489-6496, 6538. However, recent precedents in the House
weigh against allowing such signatures to be counted with the majority
in support of the report. Signatures bearing exception, qualification,
or argument are redacted. 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. Manual Sec. 543; 8 Cannon Sec. 3302.
However, under Senate practice, House and Senate signatures with
conditions or exceptions are counted toward a majority.
[[Page 352]]
Sec. 19 . Correction of Errors
A correction to language appearing in a conference report may be
made by the Clerk or the Secretary of the Senate in the enrollment of
the bill if authorized by concurrent resolution. Such a concurrent
resolution may be considered by unanimous consent, under suspension of
the rules, or by report from the Committee on Rules. Manual Sec. 527.
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. Deschler-Brown Ch 33
Sec. 30.28.
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; 107-2, Oct. 10, 2002, p 20333.
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 a rule of the House when the report is called up for
consideration in the House and before debate on it begins. Deschler-
Brown Ch 33 Sec. 25.9. For a discussion of 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 that was beyond
the limits of their authority. Manual Sec. 1088; Sec. 9, supra. If the
point of order is sustained, the conference report is vitiated; and
the bill and amendments are again before the House for consideration.
Manual Sec. 547; 8 Cannon Sec. 3256; 107-2, Nov. 14, 2002, p 22408.
Sustaining a point of order on a conference report on the ground
that it contains a provision beyond scope does 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. Deschler-Brown Ch 33 Sec. 25. A
matter ruled out as beyond scope may constitute a germane amendment to
a Senate amendment remaining in disagreement.
[[Page 353]]
For a discussion of the Senate scope rule, clause 2 of Senate Rule
XXVIII, see Deschler-Brown Ch 33 Sec. 19.4.
Sec. 22 . -- Conference Substitutes or Modifications
Under clause 9 of rule XXII, a conference report containing a
substitute agreed to by the managers may not include matter not
committed to the conference by either House. Manual Sec. 1088. 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. Deschler-Brown Ch 33 Sec. 7.4. 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.
Deschler-Brown Ch 33 Sec. 7.11. 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 also may give
rise to 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. Deschler-Brown Ch 33 Sec. 7.4.
Sec. 23 . Nongermane Senate Matter
A Member may 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 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 must be raised before the report itself is debated.
Clause 10(a) of rule XXII.
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, which is debatable for 40 minutes, equally divided between
the Member offering the motion and a Member opposed. Clause 10(b) of
rule XXII. Recognition is not based on party affiliation. Deschler-
Brown Ch 29 Sec. 17.10. No other point of order under clause 10(a) may
be made until disposition of the motion to reject. Manual Sec. 1090.
Under clause 10(d) of rule XXII, if the House votes in favor of
any motion to reject the nongermane matter, the report itself is
considered as rejected. 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. Manual Sec. 1089. The adop
[[Page 354]]
tion of clause 10(d) was based on the principle that a conference
report must be acted on as a whole. It must be either agreed to or
disagreed to in its entirety. Manual Sec. 549.
If, after disposition of all motions to reject, the conference
report is not rejected, the nongermane Senate matter is retained, and
debate commences on the conference report itself. Deschler-Brown Ch 33
Sec. 30.24.
Points of order arising under clause 10(a) of rule XXII are
normally waived by a special order of business from the Committee on
Rules or by unanimous consent. Sec. 28, infra.
Sec. 24 . Senate Appropriations on House Legislative Bill
Under clause 5 of rule XXII, 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. Manual Sec. 1076.
Therefore, 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 subject to a point of order
and may be ruled out. Manual Sec. 1076. This point of order:
Applies only to Senate amendments that are reported from
conference and not to appropriations reported in Senate
legislative bills. Manual Sec. 1076.
Does not apply if House conferees were authorized to agree to
the amendment by separate House vote, such as a motion to
instruct or a motion to recommit with instructions. Manual
Sec. 1076.
Does not apply to a provision permitted by the House to remain
in its own bill. Manual Sec. 1076.
May be waived by a special order of business or by unanimous
consent. Sec. 28, infra.
Sec. 25 . Senate Legislation on House Appropriation Bill
Language changing existing law in violation of clause 2(c) of rule
XXI--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, such as a
vote on a motion to instruct or a motion to recommit with
instructions. Manual Sec. Sec. 1039, 1076. The purpose of this
restriction is to prevent conference committees from using
appropriation bills to legislate or to agree to unauthorized
appropriations without the permission of the House. 7 Cannon
Sec. 1574.
[[Page 355]]
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 was at one time a customary practice to report
such amendments in technical disagreement, where such Senate
amendments were separately numbered. The House would first consider a
partial report consisting of the matter agreed to in conference and
not in conflict with rule XXI, and then consider separately those
amendments reported in real or technical disagreement. 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. Manual Sec. 1076. Under clause 8(b)(3) of rule XXII,
a preferential motion to insist on disagreement to the Senate
amendment is in order if offered by the House committee having
jurisdiction thereof and if the original motion to dispose of the
Senate legislative amendment offered by the House manager proposes to
amend existing law. Manual Sec. 1084; see Senate Bills; Amendments
Between the Houses. However, under modern practice, the Senate
ordinarily amends a House-passed general appropriation bill with one
amendment in the nature of a substitute, which precludes reporting in
partial disagreement of portions thereof and necessitates waivers of
points of order in the House.
Sec. 26 . Congressional Budget Act Violations
Congressional action on legislation reported from a conference
committee is subject to the Congressional Budget Act of 1974. Manual
Sec. 1127. The following Congressional Budget Act points of order lie
against a conference report:
Containing spending, revenue, or debt-limit legislation for a
fiscal year before a budget resolution for that year has been
adopted. Sec. 303(a).
Containing matter within the jurisdiction of the House and
Senate Budget Committees but not reported by those committees.
Sec. 306.
On reconciliation legislation if containing a recommendation
that changes Social Security. Sec. 310(g).
Breaching the allocation--to each committee with
jurisdiction--of appropriate levels of budgetary spending
authority. Sec. 302(f).
Breaching certain budgetary levels as set forth in the
applicable concurrent resolution on the budget. Sec. 311(a).
Providing certain budget authority beyond that provided for in
advance in appropriation acts. Sec. 401.
Increasing the costs of Federal intergovernmental mandates by
amounts that exceed specified thresholds (to be determined by a
vote on the question of consideration). Sec. 425.
On reconciliation legislation (in the Senate only) that
includes extraneous provisions (the ``Byrd Rule''). Sec. 313.
[[Page 356]]
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. The point of order should be made
when the report is called up for consideration and before debate
thereon. Deschler-Brown Ch 33 Sec. 25.9. 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. Deschler-Brown Ch 33 Sec. 25.12; 94-1, Dec. 15, 1975, p 40671.
Under clause 8(c) of rule XXII, a conference report is considered as
read if it has been available for three days (having been printed in
the Congressional Record on the day filed). The report also may be
considered as read by a special order of business or by unanimous
consent.
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.
Deschler-Brown Ch 33 Sec. 25.18. However, the Chair entertains and
rules on points of order that, if sustained, will vitiate the entire
conference report before entertaining points of order against certain
portions of the report under clause 10 of rule XXII. Manual Sec. 1090.
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. Deschler-Brown Ch 33
Sec. 25.17.
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
on the ground that it is useless to entertain points of order if the
House is not going to consider the report. However, a point of order
should be decided first if it concerns whether the matter is
privileged to come up for consideration in the first instance. Manual
Sec. 909.
Under section 426 of the Congressional Budget Act of 1974, which
provides for disposition of points of order that preclude unfunded
Federal intergovernmental mandates, a question of consideration can be
raised against a conference report that contains a provision
increasing the costs of such mandates above levels specified in
section 424 of that Act. 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 entire conference
report to be considered.
[[Page 357]]
Earmarks
Clause 9(a) of rule XXI provides that a conference report must be
accompanied by a disclosure statement for it to be considered in the
House. Such a statement lists the congressional earmarks, limited tax
benefits, and limited tariff benefits contained in the conference
report or joint explanatory statement, or states that the conference
report or joint statement contains no such provisions. Such statements
must also include the names of Members requesting such items. Manual
Sec. 1068d. A point of order will be sustained against a conference
report that is not accompanied by a disclosure statement. The Chair
will assess merely its inclusion in the joint explanatory statement
and not its accuracy or sufficiency. 110-1, May 10, 2007, pp 12190,
12191.
Clause 9(b) of rule XXI provides for similar treatment of
conference reports accompanying general appropriation bills. The joint
explanatory statement must include an earmark disclosure statement
listing all congressional earmarks, limited tax and tariff benefits
that were neither committed to the conference by either House nor
contained in a report of a committee of either House on such bill or
companion measure (or a statement that the conference report contains
no such provisions).
Clause 9(c) of rule XXI provides for a point of order against a
special order of business that waives either clause 9(a) or 9(b). See
Sec. 28, infra.
Sec. 28 . Waiving Points of Order
By Special Order of Business
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, and this has become the normal practice. See, e.g., 107-1, H.
Res. 312, Dec. 12, 2001, p 25089. The resolution normally waives all
points of order but may waive one or more specific points of order.
Such a resolution may also waive all points of order against a
conference report except against certain provisions, for example,
sections therein that contain matter beyond the House conferees' scope
of authority in violation of clause 9 of rule XXII. Deschler-Brown Ch
33 Sec. 26.8.
While a resolution may waive the earmark point of order (clauses
9(a) and 9(b) of rule XXI), such a resolution would then itself be
subject to a point of order under clause 9(c) of rule XXI. The point
of order is disposed of by the question of consideration, with 20
minutes of debate permitted by the rule. Similarly, a resolution that
waives the unfunded mandates point of order under the Congressional
Budget Act is likewise subject to a point of
[[Page 358]]
order disposed of by the question of consideration. See Question of
Consideration and Unfunded Mandates.
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 provided
for the following:
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.
The consideration of a report not yet filed and amendments
reported in disagreement, subject to one-hour availability to
Members. Deschler-Brown Ch 33 Sec. 2.24.
The consideration of a report containing no joint statement of
the managers. 98-2, June 29, 1984, p 20206.
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.
By Motion to Suspend the Rules
A conference report may be adopted pursuant to a motion to suspend
the rules. Deschler-Brown Ch 33 Sec. 30.26. The Speaker may recognize
a Member to move to suspend the rules and agree to a conference report
that has been ruled out of order because the conferees exceeded their
authority in violation of clause 9 of rule XXII or because the
conference report has not met its availability requirement under
clause 8 of rule XXII. Deschler-Brown Ch 33 Sec. 26.28; Deschler-Brown
Ch 33 Sec. 27.9.
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. Under a practice
suggested by Jefferson, 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. However, the managers for the agreeing
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House may nevertheless surrender the papers to the asking House so
that it may act first on the report. Manual Sec. 555; 8 Cannon 3330.
In the event that the matter in disagreement is an amendment of
the House that requested the conference, the papers may be surrendered
to the other House to permit it to act first on, and respond to, that
amendment. Deschler-Brown Ch 33 Sec. 24.13.
Sec. 30 . Layover and Availability Requirements
Generally
The floor consideration of conference reports is subject to
layover and availability requirements under clause 8(a) of rule XXII.
Manual Sec. 1082. They require that conference reports:
Be printed in the Congressional Record on the day filed and be
available for three calendar days (excluding Saturdays,
Sundays, and legal holidays unless the House is in session).
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. 1082. This is construed to mean
that, during the last six calendar days before the constitutional end
of a session on January 3, a conference report may be called up on the
same day it is filed. Deschler-Brown Ch 33 Sec. 22.5.
Waivers
The three-day layover rule may be waived by unanimous consent, by
suspension of the rules, or, more commonly, by adoption of a special
order of business. Sec. 28, supra. A resolution only waiving the
availability requirement may be considered on the same day the
resolution is reported under clause 8(e) of rule XXII and clause
6(a)(2) of rule XIII. Such a resolution may permit a waiver of the
three-day layover requirement for the remainder of a session. 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, although the two-hour
requirement may likewise be waived pursuant to a special order of
business. Deschler-Brown Ch 33 Sec. 27.10. The two-hour requirement
also may be waived pursuant to a unanimous-consent agreement providing
for consideration ``immediately'' after filing. Deschler-Brown Ch 33
Sec. 27.9.
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Sec. 31 . Filing and Calling Up Report; Reading
Generally; Precedence
A conference report may be called up in the House 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 XXII.
Sec. 30, supra.
Because of its potential value in settling House-Senate
differences, the filing of a conference report is considered as a
matter of high privilege. Clause 7 of rule XXII; Manual Sec. 1077; 5
Hinds Sec. 6443. A conference report must be filed by a conferee. Its
presentation or filing takes precedence over:
Unfinished business. Manual Sec. 1077.
The reading of a bill. 5 Hinds Sec. 6448.
A Member occupying the floor in debate. 5 Hinds Sec. 6451.
The ordering of (or demand for) the previous question. 5 Hinds
Sec. Sec. 6449, 6450.
The question of ordering a recorded vote. 5 Hinds Sec. 6447.
A motion to refer a Senate bill. 5 Hinds Sec. 6457.
A motion to reconsider. 5 Hinds Sec. 5605.
A motion to adjourn (although as soon as the report is
presented the motion to adjourn may be put). Manual Sec. 1077.
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. Such report may be called up by a manager who is in fact
opposed to the report and who did not sign it. Deschler-Brown Ch 33
Sec. 23.3. If the senior House manager is unable to be present on the
floor to call up the report, the Speaker will recognize another
majority member of the conference committee. Deschler-Brown Ch 33
Sec. 23.1.
Reading
Under clause 8(c) of rule XXII, a conference report that meets the
availability requirements need not be read when called up for
consideration in the House. If it has not been available for the
three-day period, it must be read in full when called up for
consideration, unless dispensed with by a special order of business or
by unanimous consent. The statement of the managers accompanying a
conference report may by unanimous consent be read in lieu of the
report. Deschler-Brown Ch 33 Sec. 20.9.
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.
Deschler-
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Brown Ch 33 Sec. 20.9. Similar practice in the Senate has been
criticized. 5 Hinds Sec. 6549.
A motion to postpone the consideration of a conference report to a
day certain is permitted until the previous question is ordered on the
report. Thereafter, postponement is permitted only by unanimous
consent (except for the Speaker's authority to postpone the vote on
adoption of a conference report under clause 8 of rule XX). Deschler-
Brown Ch 33 Sec. 30.9. Under clause 1(c) of rule XIX, adopted in the
111th Congress, where the previous question is operating to adoption
of a conference report pursuant to a special order of business, the
Speaker has authority to postpone further consideration of the
conference report until a later time. Manual Sec. 1000a.
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. Deschler-Brown Ch 33 Sec. 30.2. However, pursuant to
a resolution from the Committee on Rules, the House may consider and
vote on two or more conference reports en bloc. Deschler-Brown Ch 33
Sec. 22.10.
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. Deschler-
Brown Ch 33 Sec. 29.42. Proposed motions to dispose of the amendments
that were not all the same (as where they proposed to recede and
concur with different amendments) also may be considered by unanimous
consent. Deschler-Brown Ch 32 Sec. 11.10. For disposition of Senate
amendments generally, see Senate Bills; Amendments Between the Houses.
Sec. 33 . Debate
Generally; Extending Time
Debate on a conference report is under the hour rule. Clause 2 of
rule XVII; clause 8(d) of rule XXII; Manual Sec. Sec. 957, 1086. Such
debate may be extended by unanimous consent or by special order of
business reported by the Committee on Rules but not by motion.
Deschler-Brown Ch 33 Sec. Sec. 28.2, 28.3. The one hour of debate
could also be continued if the motion for the previous question were
rejected. 93-2, Feb. 27, 1974, p 4397.
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Division of Time
Under clause 8(d) of rule XXII, 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. 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 or following
the sustaining of a point of order against a conference report.
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. Manual Sec. 1086.
Three-way Division of Debate
Clause 8(d) of rule XXII provides 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. 1086. This allocation may not be claimed if the minority manager
indicates opposition 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. Priority in such
recognition is accorded to a member of the conference committee.
Manual Sec. 1086.
To open debate, the Chair recognizes first the majority manager
calling up the conference report, 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 calling up the conference
report. 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. 1086.
Sec. 34 . -- Recognition; Control of Debate Time
Generally
When a conference report is called up or a Senate amendment in
disagreement is pending, the hour of debate time is equally controlled
by the majority and minority parties. Manual Sec. 1086. 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. Deschler-Brown
Ch 32 Sec. 8.11. Where conferees have
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been appointed from two committees of the House, the Speaker may
recognize the chair of one committee to control 30 minutes and a
minority member of another committee to control 30 minutes. Deschler-
Brown Ch 33 Sec. 28.6. 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 may yield to other Members for
debate only. Another minority member, merely by offering a
preferential motion, does not thereby control one-half of the time
under the original motion. Manual Sec. 1086.
However, if the original motion is defeated, recognition may shift
and 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 such minority member and a
majority member, although neither controlled time on the initial
motion. Manual Sec. 1086.
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. 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,
because the subsequent question of concurring, or concurring 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 to the existing
conference committee is in order if the other House has not acted on
the report and thereby discharged its managers. Manual Sec. 550. After
one House has acted on a report, the other House has only the option
of accepting or rejecting it. Deschler-Brown Ch 33 Sec. 32.6. After
both Houses have acted on the re
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port, it may be recommitted to conference only by concurrent
resolution. Manual Sec. 550; 8 Cannon Sec. 3316.
The motion to recommit is initially the prerogative of the
minority. See Refer and Recommit. However, 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. Deschler-Brown Ch 33 Sec. 32.20.
A motion to recommit a conference report is not in order until the
previous question has been ordered on the report. Deschler-Brown Ch 33
Sec. 32.10. 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. Deschler-Brown Ch 33 Sec. 32.52. However, if a recommittal
motion with instructions is ruled out on a point of order, a valid
motion may still be offered. A motion to recommit comes too late after
the report has been agreed to. Deschler-Brown Ch 33 Sec. 32.13.
Under section 305(a)(6) of the Congressional Budget Act of 1974, a
motion to recommit a conference report on a concurrent resolution on
the budget is not in order.
Where a conference report is recommitted to conference, the House
managers carry the original papers back to conference. Deschler-Brown
Ch 33 Sec. 32.51. The same conferees remain appointed. Deschler-Brown
Ch 33 Sec. 32.2. To produce a new conference report, the conference
must meet again and obtain new signatures for the second report. If a
second report is then filed by the conferees, it is numbered and
otherwise treated as a new and separate report. Deschler-Brown Ch 33
Sec. 32.48. Because the same conference remains in being after
recommittal, the time period regarding the availability of a
subsequent motion to instruct resumes from where it was tolled when
the conference report was filed. 101-2, June 28, 1990, p 16157. See
Sec. 14, supra.
For a discussion of instructions in a motion to recommit, see
Sec. 15, supra.
Recommittal by Unanimous Consent or Special Order of Business
Conference reports are sometimes recommitted by unanimous consent
in the House acting first. Deschler-Brown Ch 33 Sec. 32.40. This
procedure may be used:
To recommit a report in which an error has been discovered.
Deschler-Brown Ch 33 Sec. 32.40.
To permit the conferees to make certain changes and to file a
new report. Deschler-Brown Ch 33 Sec. 32.41.
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Where the conferees have exceeded their authority in reporting
a matter not in disagreement. 90-1, June 28, 1967, p 17738.
A conference report also may be recommitted by a special order of
business reported by the Committee on Rules. See, e.g., 107-1, May 8,
2001, pp 7358-62; 108-1, Oct. 28, 2003, p 25990.
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 are
available to the Members: (1) agree, (2) disagree, or (3) recommit to
conference. 5 Hinds Sec. Sec. 6546, 6558. For recommittal, see
Sec. 35, supra. Conference reports may not be:
Disposed of by the motion to table after the previous question
is ordered. 5 Hinds Sec. Sec. 6538-6544.
Referred to a standing committee. 5 Hinds Sec. 6558.
Amended (5 Hinds Sec. Sec. 6534, 6535), except by concurrent
resolution (5 Hinds Sec. 6536).
Sent to Committee of the Whole. 5 Hinds Sec. Sec. 6559-6561.
A report having been called up, 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.
Although 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 clause 5(b) of rule XXI, a three-fifths
vote is required on a conference report carrying a Federal income tax
rate increase. For Speaker's discretion to postpone a vote on a
conference report, see clause 8 of rule XX; Manual Sec. 1030. For
postponement of conference reports, see Sec. 31, supra.
Under clause 10 of rule XX, the yeas and nays are considered
ordered on the adoption of a conference report on a general
appropriation bill, on a concurrent resolution on the budget, or on a
bill increasing Federal income tax rates.
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 special order of business
permitting such a separate vote results in the rejection of the entire
report. Deschler-Brown Ch 33 Sec. 30.5. Until the report has been
acted on, no motion to deal with individual amendments reported in
disagreement is in order. 5 Hinds Sec. Sec. 6323, 6389,
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6390. In some cases, however, 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 Sec. Sec. 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.
Deschler-Brown Ch 33 Sec. 29.3. For a discussion of amendments
reported in total disagreement, see Sec. 38, infra.
Motions to Reconsider the Vote
After disposition of the report and any or all 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. Deschler-
Brown Ch 33 Sec. Sec. 30.35, 30.36. The Speaker may put as one
question reconsideration of multiple 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. Under section 305(a)(6) of the Congressional Budget Act
of 1974, a motion to reconsider the vote on a conference report on a
concurrent resolution on the budget is not in order.
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. Clause 4 of rule XXII; Manual Sec. Sec. 551, 1075; 8 Cannon
Sec. 3303. Thus, the House may reject a conference report, insist on
disagreement to a Senate amendment, and ask for a further conference.
Manual Sec. 528d. 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. Deschler-Brown Ch 33 Sec. 31.8.
D. Disposition Where Managers 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 prepare and sign a
written report to that effect. 5 Hinds Sec. Sec. 6565-6570. The report
is filed and ordered printed. Manual Sec. 545. Under the former
practice, amendments reported in total disagreement could be taken up
for immediate consideration in the
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House. 8 Cannon Sec. Sec. 3299, 3332. Today the matter in disagreement
is subject to the three-day layover requirement of clause 8(b) of rule
XXII.
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. Deschler-Brown Ch 33 Sec. 29.13. In the House, after the
report is called up, action is taken on the amendment in disagreement
but not on the report. Deschler-Brown Ch 33 Sec. 29.3. Thus, where
conferees report in disagreement absent a special order of business,
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 amendments to
the House amendments for disposition by motion. Deschler-Brown Ch 33
Sec. 29.28. Debate (including possible three-way debate) and voting
proceeds in the same manner as on amendments reported from conference
in partial disagreement. See Sec. 33, supra. Motions to dispose of
amendments in disagreement, see Senate Bills; Amendments Between the
Houses.