[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 269-281]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 269]]

 

                        SEC. XLVI.--CONFERENCES.




Sec. 530. Parliamentary law as to asking 
conferences.

  It is on the  occasion of amendments between the Houses that 
conferences are usually asked; but they may be asked in all cases of 
difference of opinion between the two Houses on matters depending 
between them. The request of a conference, however, must always be by 
the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425.


  The House of Representatives follows the principles set forth in this 
paragraph of the parliamentary law. A conference may be asked on only a 
portion of the amendments in disagreement, leaving the differences as to 
the remainder to be settled by the action of the two Houses themselves 
(V, 6401). In very rare instances conferences have been asked by one 
House after the other has absolutely rejected a main proposition (IV, 
3442; V, 6258). A difference over an amendment to a proposed 
constitutional amendment may be committed to a conference (V, 7037).



Sec. 531. Conferences over matters other 
than differences as to amendments.

  While conferences  between the two Houses of Congress 
are usually held over differences as to amendments to bills, 
occasionally differences arise as to the respective prerogatives of the 
Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in 
impeachment proceedings (III, 2304), which are referred to conference. 
In early and exceptional instances conferences have been asked as to 
legislative matters when no propositions relating thereto were pending 
(V, 6255-6257).




Sec. 532. Conferences by means of select 
committees.

  In very  rare cases, also, the Houses interchange views and come to 
conclusions by means of select committees appointed on the part of each 
House (I, 3). Thus, in 1821, a joint committee was chosen to consider 
and report to the two Houses whether or not it was expedient to provide 
for the admission of Missouri into the Union (IV, 4471), and in 1877 
similar committees were appointed to devise a method for counting the 
electoral vote (III, 1953).



[[Page 270]]
that an omission to do so has even raised a question (V, 6273). Yet it 
can not be said that the practice requires a request for a conference to 
be made by the House disagreeing to the amendments of the other (V, 
6274-6277). One House having asked a conference at one session, the 
other House may agree to the conference at the next session of the same 
Congress (V, 6286).


Sec. 533. Requests for conferences.

  The  parliamentary law 
provides that the request for a conference must always be by the House 
which is possessed of the papers (V, 8254). It was formerly the more 
regular practice for the House disagreeing to amendments of the other to 
leave the asking of a conference to that other House if it should decide 
to insist (V, 6278-6285, 6324); but it is so usual in the later practice 
for the House disagreeing to an amendment of the other to ask a 
conference 




Sec. 534. Requests for conferences declined or 
neglected.

  In rare  instances one House has declined the request of the other 
for a conference (V, 6313-6315; Mar. 20, 1951, p. 2683), sometimes 
accompanying it by adherence (V, 6313, 6315). In one instance, where the 
Senate declined a conference, it transmitted, by message, its reasons 
for so doing (V, 6313). Sometimes, also, one House disregards the 
request of the other for a conference and recedes from its disagreement, 
thereby rendering a conference unnecessary (V, 6316-6318). And in one 
case, where one House has asked a conference to which the other has 
assented, the asking House receded before the conference took place (V, 
6319). Also, a bill returned to the House with a request for a 
conference has been postponed indefinitely (V, 6199).




Sec. 535. Motions to request conferences.

  After the  stage of 
disagreement has been reached, a motion to ask a conference is 
considered as distinct from motions to agree or disagree to amendments 
of the other House (V, 6268) and the motions to agree, recede, or insist 
are considered as preferential (V, 6269, 6270). Where a motion to 
request a conference at this stage 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 
(V, 6325). Where a conference results in disagreement, a motion to 
request a new conference is privileged (V, 6586). Sometimes 
disagreements are voted on by the House and conferences asked through 
the medium of special orders (IV, 3242-3249).


  Before the stage of disagreement, any motion with respect to 
amendments between the two Houses is without privilege, except for 
motions with respect to the limited number of amendments that qualify 
under clause 2 of rule XXIV or motions under clause 1 of rule XX, to 
disagree to Senate amendments (or insist on House amendments) and to 
request or agree to an initial conference if the motion is authorized by 
the Committee which reported the bill and if the Speaker, in his 
discretion, recognizes for that purpose. A motion under the latter 
clause 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 (Speaker Albert, Oct. 3, 1972, pp. 33502-03).


[[Page 271]]
which acts by a majority (V, 6334). The Speaker appoints the managers 
on the part of the House (clause 6(f) of rule X) and has discretion as 
to the number to serve on a given bill (V, 6336; VIII, 2193) but must 
appoint (1) a majority of Members who generally support the House 
position, as determined by the Speaker; (2) Members who are primarily 
responsible for the legislation; and (3) to the fullest extent feasible 
the principal proponents of the major provisions of the bill as it 
passed the House (clause 6(f) of rule X). While the practice used to be 
to appoint three managers from each house (V, 6336), in the absence of 
joint rules each House may appoint whatever number it sees fit (V, 6328-
6330). The two Houses have frequently appointed a disparate number of 
managers (V, 6331-6333; VIII, 3221); and where the Senate appointed nine 
and the House but three, a motion to instruct the Speaker to appoint a 
greater number of managers on the part of the House was held out of 
order (VII, 2193). In appointing managers the Speaker usually consults 
the Member in charge of the bill (V, 6336); and where an amendment in 
disagreement falls within the jurisdiction of two committees of the 
House, the Speaker has named Members from both committees and specified 
the respective areas on which they were to confer (Speaker Albert, Nov. 
30, 1971, p. 43422). In appointing conferees on the general 
appropriation bill for fiscal year 1951, Speaker Rayburn appointed a set 
of managers for each chapter of the bill and four Members to sit on all 
chapters (Aug. 7, 1950, p. 11894). While the appointment of conferees, 
both as to their number and composition, is within the discretion of the 
Chair (Speaker Martin, July 8, 1947, p. 8469; Speaker Garner, June 24, 
1932, p. 13876), and while a point of order will not lie against his 
exercise of this discretion (VIII, 2193, 3221), the Speaker normally 
takes into consideration the attitude of the majority and minority of 
the House on the disagreements in issue (V, 6336-6338; VIII, 3223), the 
varying views of the members of the House (V, 6339, 6340), and does not 
necessarily confine his appointments to members of the committee in 
charge of the bill (V, 6370). In one case, where the prerogatives of the 
House were involved, all of the managers were appointed to represent the 
majority opinion (V, 6338). See also Sec. 701e, infra.


Sec. 536. Managers of conferences.

  While usual,  it is not 
essential that one House, in asking a conference, transmit the names of 
its managers at the same time (V, 6405). The managers, properly so 
called (V, 6335), constitute practically two distinct committees, each 
of 




Sec. 537. Reappointment of, at second and 
subsequent conferences.

  Where there  were several conferences on a bill, it was the 
early practice to change the managers at each conference (V, 6288-6291, 
6324), and so fixed was this practice that their reappointment had a 
special significance, indicating an unyielding temper (V, 6352-6368); 
but in the later practice it is the rule to reappoint managers (V, 6341-
6344) unless a change be necessary to enable the sentiment of the House 
to be represented (V, 6369).



[[Page 272]]
6372; VIII, 3228). Where one House makes a change in its managers, it 
informs the other House, by message (V, 6377, 6378). According to the 
later practice the powers of managers who have not reported do not 
expire by reason of the termination of a session of Congress, unless it 
be the last session (V, 6260-6262).



Sec. 538. Vacancies, etc., in managers of 
conferences.

  Managers of  a conference are excused from service either by authority 
of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d 
Congress, by removal by the Speaker (clause 6(f) of rule X). The absence 
of a manager may cause a vacancy, which the Speaker fills by appointment 
(V, 





Sec. 539. Parliamentary law as to free and simple 
conferences.

  Conferences  may be either simple or free. At a conference simply, 
written reasons are prepared by the House asking it, and they are read 
and delivered, without debate, to the managers of the other House at the 
conference, but are not then to be answered. 4 Grey, 144. The other 
House then, if satisfied, vote the reasons satisfactory, or say nothing; 
if not satisfied they resolve then not satisfactory and ask a conference 
on the subject of the last conference, where they read and deliver, in 
like manner, written answer to those reasons. 3 Grey, 183. They are 
meant chiefly to record the justification of each House to the nation at 
large and to posterity and in proof that the miscarriage of a necessary 
measure is not imputable to them. 3 Grey, 255. At free conferences the 
managers discuss, viva voce and freely, and interchange propositions for 
such modifications as may be made in a parliamentary way, and may bring 
the sense of the two Houses together. * * *



[[Page 273]]
the body appointing it'' (V, 6403). And where the House had asked a 
free conference it was held not in order to instruct the managers (V, 
6384). But it is very rare for the House in asking a conference to 
specify whether it shall be free or simple.


Sec. 540. Free and simple conferences in modern 
practice.

  This provision  of the parliamentary law bears little relation to the modern 
practice of the two Houses of Congress, and that practice has evolved a 
new definition: ``A free conference is that which leaves the committee 
of conference entirely free to pass upon any subject where the two 
branches have disagreed in their votes, not, however, including any 
action upon any subject where there has been a concurrent vote of both 
branches. A simple conference--perhaps it should more properly be termed 
a strict or a specific conference, though the parliamentary term is 
`simple'--is that which confines the committee of conference to the 
specific instructions of 



[[Page 274]]



Sec. 541. Instruction of managers of a 
conference.

  In their practices  as to the instruction of managers of a conference, the 
House of Representatives and the Senate do not agree. Only in rare 
instances has the Senate instructed (V, 6398), and these instances are 
at variance with its declaration, made after full consideration, that 
managers may not be instructed (V, 6397). And where the House has 
instructed its managers, the Senate sometimes has declined to 
participate and asked a free conference (V, 6402-6404). In the later 
practice the House does not inform the Senate when it instructs its 
managers (V, 6399), the Senate having objected to the transmittal of 
instructions by message (V, 6400, 6401). In one instance where the 
Senate learned indirectly that the House had instructed its managers, it 
declared that the conference should be full and free, and instructed its 
own managers to withdraw if they should find the freedom of the 
conference impaired (V, 6406). But the House of Representatives holds to 
the opinion that the House may instruct its managers (V, 6379-6382), 
although the propriety of doing so at a first conference has been 
questioned (V, 6388, footnote). And in rare instances where a free 
conference is asked instruction is not in order (V, 6384). At a new 
conference the instructions of a former conference are not in force (V, 
6383; VIII, 3240). And instructions may not direct the managers to do 
that which they might not otherwise do (V, 6386, 6387; VIII, 3235, 
3244), as to effect a change in part of a bill not in disagreement (V, 
6391-6394) or change the text to which both Houses have agreed (V, 
6388). Although managers may disregard instructions, their report may 
not for that reason be ruled out of order (V, 6395; VIII, 3246; June 8, 
1972, p. 20282), and when a conference report is recommitted with 
instructions the managers are not confined to the instructions alone 
(VIII, 3247). The motion to instruct managers should be offered after 
the vote to ask for or agree to a conference and before the managers are 
appointed (V, 6379-6382; VIII, 3233, 3240, 3256). The motion to instruct 
may be amended unless the previous question is ordered (V, 6525; VIII, 
3231, 3240); thus a motion to instruct House conferees to agree to a 
numbered Senate amendment with an amendment may be amended, upon 
rejection of the previous question, to instruct the conferees to agree 
to the Senate amendment (June 9, 1982, pp. 13027, 13028, 13039, 13049). 
The motion to instruct may be laid on the table without carrying the 
bill to the table (VIII, 2658). The motion is debatable (see clause 1(b) 
of rule XXVIII) unless the previous question is ordered (VIII, 2675, 
3240). After a motion to ask or agree to a conference is agreed to, only 
one valid motion to instruct is in order (VIII, 3236; Speaker Wright, 
Feb. 17, 1988, p. 1583); but this restriction does not apply to a motion 
to instruct under clause 1(c) of rule XXVIII (Aug. 22, 1935, pp. 14162-
64). 



  A member of the minority is first entitled to recognition for a motion 
to instruct conferees (Speaker Bankhead, Oct. 31, 1939, pp. 1103-05; 
Speaker Albert, Oct. 19, 1971, pp. 36832-35), and where two minority 
members of the reporting committee seek recognition to offer a motion to 
instruct conferees prior to their appointment, the Chair will recognize 
the senior minority member of the committee (Oct. 10, 1986, p. 30181; 
Speaker Wright, Feb. 17, 1988, p. 1583). The ruling out of a motion to 
instruct conferees does not preclude the offering of a proper motion to 
instruct (VIII, 3235), but one motion to instruct having been considered 
and disposed of, further motions to instruct are not in order (VIII, 
3236). Such additional instructions should have been offered as 
amendments to the original motion to instruct.




Sec. 542. Parliamentary law as to reports of 
managers of a conference.

  * * * And each  party report in writing to their respective 
Houses the substance of what is said on both sides, and it is entered in 
their journals. 9 Grey, 220; 3 Hats; 280. This report can not be amended 
or altered, as that of a committee may be. Journal Senate, May 24, 1796.



[[Page 275]]
on as part of the report (V, 6465-6467; see also clause 3 of rule 
XXVIII). 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 (Oct. 4, 1994, p. ----
).


Sec. 543. Forms of conference reports.

  In the two  Houses of 
Congress conference reports were originally merely suggestions for 
action and were neither identical in the two Houses nor acted on as a 
whole (V, 6468-6471). In the House of Representatives, rule XXVIII 
provides that conference reports may be received at any time, except 
when the Journal is being read, while the roll is being called or the 
House is dividing. They are privileged on or after the third calendar 
day (excluding Saturdays, Sundays, or legal holidays) after they have 
been filed and printed in the Record, together with the accompanying 
statement (clause 2 of rule XXVIII). The early reports were not signed 
by the managers (IV, 3905); but in the later practice the signatures of 
the majority of the managers of each House is required (V, 6497-6502; 
VIII, 3295). Sometimes a manager indorses the report with a conditional 
approval or dissent (V, 6489-6496, 6538), but supplemental reports or 
minority views may not be filed in connection with conference reports 
(VIII, 3302). The name of an absent manager may not be affixed, but the 
two Houses by concurrent action may authorize him to sign the report 
after it has been acted on (V, 6488). The minority portion of the 
managers of a conference have no authority to make either a written or 
verbal report concerning the conference (V, 6406). In the later practice 
reports of managers are identical, and 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 (V, 6323, 6426, 6499, 
6500, 6504). Under certain circumstances managers may report an entirely 
new bill on a subject in disagreement, but this bill is acted 




Sec. 544. Partial conference reports.

  Managers may  report an 
agreement as to a portion of the numbered amendments in disagreement, 
leaving the remainder to be disposed of by subsequent action (V, 6460-
6464).




Sec. 545. Reports of inability to agree.

  Where managers  of a 
conference are unable to agree, or where a report is disagreed to in 
either House, another conference is usually asked (V, 6288-6291). When 
managers report that they have been unable to agree, the report is not 
acted on by the House of Representatives (V, 6562; VIII, 3329, Aug. 23, 
1957, p. 15816). While under the earlier practice, when conferees 
reported in complete disagreement, the amendments in disagreement were 
considered available for immediate disposition (VIII, 3299, 3332), the 
current practice (as a result of the amendment to clause 2(b) of rule 
XXVIII that became effective in the 93d Congress) is to require the 
matter to lay over until the third calendar day (excluding Saturdays, 
Sundays, or legal holidays) after the report in disagreement is filed 
and printed in the Record. In the earlier practice reports of inability 
to agree were made verbally or by unsigned written reports (V, 6563-
6567); but in later practice they are written, in identical form, and 
signed by the managers of the two Houses (V, 6568, 6569).



[[Page 276]]



Sec. 546. Managers restricted to the 
disagreements of the two Houses.

  The managers  of a conference must confine 
themselves to the differences committed to them (V, 6417, 6418; VIII, 
3252, 3255, 3282), and may not include subjects not within the 
disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even 
though germane to a question in issue (V, 6419; VIII, 3256; Speaker 
Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments 
committed to them if they do not in so doing go beyond the differences 
(V, 6409, 6413). Thus, where an amendment providing an appropriation to 
construct a road had been disagreed to, it was held in order to report a 
provision to provide for a survey for the road (V, 6425). Managers may 
not change the text to which both Houses have agreed (V, 6417, 6418, 
6420, 6433-6436). But where the amendment in issue strikes out all of 
the bill after the enacting clause and substitutes a new text, the 
managers have the whole subject before them and may exercise a broad 
discretion as to details (V, 6424; VIII, 3266), and may even report an 
entirely new bill on the subject (V, 6421, 6423; VIII, 3248, 3263, 3265, 
3276; see also Sec. 913). Where the amendment in disagreement proposes a 
substitute differing greatly from the House provision they may eliminate 
the entire subject matter (Speaker Gillett, Sept. 14, 1922, p. 12598).




Sec. 547. Remedy where managers exceed their authority.

  In the  House of Representatives the Speaker may rule out a conference report 
if it be shown that the managers have exceeded their authority (V, 6409-
6416; VIII, 3256; Oct. 4, 1962, pp. 22332-33). In the House points of 
order against reports are made or reserved after the report is read and 
before the reading of the statement (V, 6424, 6441; VIII, 3282, 3284, 
3285, 3287), or consideration begins (V, 6903-6905; VIII, 3286), and 
comes too late after the report has been agreed to (V, 6442); and in 
case the statement is read in lieu of the report the point of order must 
be made or reserved before the statement is read (VIII, 3256, 3265, 
3285, 3288, 3289). Where clause 2(c) of rule XXVIII applies, points of 
order must be made before debate begins on the report.


  In the Senate under the former practice the Chair did not rule out 
conference reports, but the Senate itself expressed its opinion on the 
vote to agree to the report (V, 6426-6432) but on March 8, 1918, the 
Senate adopted a rule providing for a point of order against conferees 
inserting matter not committed to them or changing the text agreed to by 
both Houses and also providing for automatic recommitting of such report 
to the committee of conference in case the point of order is sustained. 
This rule of the Senate has been strictly construed (VIII, 3273, 3275).



Sec. 548. Meeting and action of 
managers.

  Before the  managers of a conference may report the other House must be 
notified of their appointment and a meeting must be held (V, 6458). 
Conferences are generally held in the Capitol, and formerly with closed 
doors, although in rare instances Members and others were admitted to 
make arguments (V, 6254, footnote, 6263). Clause 6 of rule XXVIII now 
provides for open conference meetings except where the House determines 
by rollcall vote that all or part of the meeting shall be closed to the 
public. The same rule now provides for a point of order in the House 
against the report and for an automatic request for a new conference if 
the House managers fail to meet in open session following appointment of 
the Senate conferees (Dec. 20, 1982, p. 32896). Rarely, also, papers in 
the nature of petitions have been referred to managers (V, 6263). The 
managers of the two Houses vote separately (V, 6336).



[[Page 277]]
not only a conference report and but also sundry motions to dispose of 
amendments reported from conference in disagreement (June 18, 1992, p. 
----). While ordinarily reports are agreed to by majority vote, a two-
thirds vote is required on a report relating to a constitutional 
amendment (V, 7036). Conference reports must be acted on in both Houses 
and in a case where the Senate had adopted a report which recommended 
that it recede from its amendments to a House Bill, the House rejected 
the report and then agreed to the Senate amendments (Mar. 21, 1956, p. 
5278). A conference report being made up but not acted on at the 
expiration of a Congress, the bill is lost (V, 6309). One House has, by 
message, reminded the other of its neglect to act on a conference 
report; but this was an occasion of criticism (V, 6309).


Sec. 549. Action on a conference report in the 
two Houses.

  The report of  the managers of a conference goes first to one House and 
then to the other, neither House acting until it is in possession of the 
papers, which means the original bill and amendments, as well as the 
report (V, 6322, 6518-6522, 6586; VIII, 3301). The report must be acted 
on as a whole, being agreed to or disagreed to as an entirety (V, 6472-
6480, 6530-6533; VIII, 3304, 3305; Speaker Bankhead, Aug. 22, 1940, p. 
10763; Speaker Albert, Nov. 10, 1971, pp. 40481-82); and until the 
report has been acted on no motion to deal with the individual 
amendments is in order (V, 6323, 6389, 6390; Speaker Rayburn, Mar. 16, 
1942, pp. 2502-04). Under a special order of business recommended by the 
Committee on Rules, the House has considered a single, indivisible 
motion to adopt 




Sec. 550. Motions in order during action on a 
conference report.

  When a  conference report is presented, the question on 
agreeing is regarded as pending (V, 6517; VIII, 3300), and as the 
negative of it is equivalent to disagreement, the motion to disagree is 
not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the 
amendments to which the report relates is not in order during its 
consideration (V, 5298). The report may not be amended on motion made in 
either House alone (V, 6534, 6535; VIII, 3306), but amendment is 
sometimes made by concurrent action of the two Houses (V, 6536, 6537; 
VIII, 3308). A motion to refer to a standing committee (V, 6558) or to 
lay on the table is not entertained in the House (V, 6538-6544); and a 
conference report may not be sent to Committee of the Whole on 
suggestion that it contains matter ordinarily requiring consideration in 
that committee (V, 6559-6561). It is in order on motion to recommit a 
conference report if the other body, by action on the report, have not 
discharged their managers (V, 6545-6553, 6609; VIII, 3310), and by 
concurrent resolution a report may be recommitted to conference after 
each House has acted thereon (VIII, 3316), but such a proposition would 
not be privileged in the House (V, 6554-6557; VIII, 3309).


  A bill being recommitted to the committee of conference, no further 
action is taken by the House until it is again reported by the managers 
(VIII, 3326, 3327), and when reported is subject to another motion to 
recommit (VIII, 3325). Because instructions included in a motion to 
recommit a conference report are not binding, adoption of such a motion 
opens to further negotiation all issues committed to conference (Apr. 
21, 1988, p. 8198).


[[Page 278]]
question is as specified in those clauses and, depending on the nature 
of the text in disagreement, may be to recede and concur with an 
amendment, to insist on the House position, or to insist on disagreement 
(see Secs. 913b and 913c, infra).



Sec. 551. Effect of disagreement to a conference 
report.

  When either  House disagrees to a conference report the matter is left in 
the position it was in before the conference was asked (V, 6525), and 
the amendments in disagreement come up for further action (II, 1473), 
but do not return to the state they were in before disagreement, so that 
they need not be considered in Committee of the Whole (V, 6589). Motions 
for disposition of Senate amendments, sending to conference and 
instruction of conferees, are again in order (VIII, 3303). However, if a 
conference report is considered as rejected pursuant to the provisions 
of clauses 4 or 5 of rule XXVIII because of the inclusion of nongermane 
matter, the pending 





Sec. 552. Custody of papers when a conference is asked 
before disagreement.

  A  conference may be asked, before the House asking 
it has come to a resolution of disagreement, insisting or adhering. 3 
Hats., 269, 341. In which case the papers are not left with the other 
conferees, but are brought back to the foundation of the vote to be 
given. And this is the most reasonable and respectful proceeding; for, 
as was urged by the Lords on a particular occasion, ``it is held vain, 
and below the wisdom of Parliament, to reason or argue against fixed 
resolutions, and upon terms of impossibility to persuade.'' 3 Hats., 
226. * * *



  In the Houses of Congress conferences are sometimes asked before a 
disagreement, and while the rule as to retention of the papers 
undoubtedly holds good, neglect to observe it has not been questioned 
(V, 6585).


[[Page 279]]
299, 319, 322, 355; of adhering, 269, 270, 283, 300; and even of a 
second or final adherence. 3 Hats., 270. * * *



Sec. 553. Relations of adherence and conference 
under the parliamentary law.

  * * * So the  Commons say, ``an adherence is never 
delivered at a free conference, which implies debate.'' 10 Grey, 137. 
And on another occasion the Lords made it an objection that the Commons 
had asked a free conference after they had made resolutions of adhering. 
It was then affirmed, however, on the part of the Commons that nothing 
was more parliamentary than to proceed with free conferences after 
adhering, 3 Hats., 269, and we do in fact see instances of conference, 
or of free conference, asked after the resolution of disagreeing, 3 
Hats., 251, 253, 260, 286, 291, 316, 349; of insisting, ib., 280, 290, 





Sec. 554. Relations of adherence and conference 
under the practice of the two Houses of Congress.

  The two Houses  not observing the 
parliamentary distinctions as to free and other conferences, their 
practice in case of adherence is also different. Conferences are not 
asked after an adherence by both Houses, but have often been asked and 
granted where only one House has adhered (V, 6241-6244). A vote to 
adhere may not be accompanied by a request for a conference (V, 6303; 
VIII, 3208), as the House that votes to adhere does not ask a conference 
(V, 6304-6308). The request for a conference in such a case is properly 
accompanied by a motion to insist (V, 6308). And the House that has 
adhered may insist on its adherence when it agrees to the conference (V, 
6251). But it is not considered necessary either to recede or insist 
before agreeing to the conference (V, 6242, 6244, 6310, 6311).





Sec. 555. Custody of the papers after an 
effective conference.

  * * * And in  all cases of conference asked after a vote of 
disagreement, &c., the conferees of the House asking it are to leave the 
papers with the conferees of the other; and in one case where they 
refused to receive them they were left on the table in the conference 
chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.


  This principle of the parliamentary law is recognized as of effect in 
the two Houses of Congress, and is customarily followed in cases wherein 
the managers of the conference come to an agreement on which a report 
may be based (July 31, 1981, pp. 18884-85). If conferees of House 
agreeing to conference surrender papers to House asking conference, the 
report can be received first by House asking the conference (VIII, 
3330). In the 101st Congress, where a report following a successful 
conference was filed in both Houses, an objection to a unanimous consent 
request in the Senate prevented the release of papers held at the Senate 
desk to the House, where the Senate in the normal course of events was 
scheduled to act first on the report (June 28, 1990, p. ----).


[[Page 280]]
pers were taken back to the Senate, which was the body agreeing to the 
conference, the Senate after consideration sent them to the House, since 
it seemed proper for the asking House to take the first action (V, 
6573). But sometimes managers have brought the papers to the agreeing 
House without question (V, 6239, footnote; July 14, 1988, p. 18411).



Sec. 556. Custody of papers when managers of a 
conference fail to agree.

  But where a  conference breaks up without reaching any 
agreement the managers for the House which asked the conference, who 
have the papers by right, are justified in retaining them and carrying 
them back to the House (IV, 3905 footnote, V, 6246, 6254, 6571-6584; 
VIII, 3332). And in one case wherein under such circumstances the pa




Sec. 557. Free or instructed conferences.

  After a  free 
conference the usage is to proceed with free conferences and not to 
return again to a conference. 3 Hats., 270; 9 Grey, 229.



  After a conference denied a free conference may be asked. 1 Grey, 45.


  The House of Representatives instructs its managers whenever it sees 
fit, without regard to whether or not the preceding conference has been 
free or instructed.


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were sometimes communicated by way of conference. 6 Grey, 128, 300, 
387; 7 Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 
1 Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.
<>   A conference has been asked after the first reading of a 
bill. 1 Grey, 194. This is a singular instance.



Sec. 558. Parliamentary law as to purposes for which 
conferences may be held.

  When a  conference is asked, the subject of it must 
be expressed or the conference not agreed to. Ord. H. Com., 89; 1 Grey, 
425; 7 Grey, 31. They are sometimes asked to inquire concerning an 
offense or default of a member of the other House. 6 Grey, 181; 1 
Chand., 304. Or the failure of the other House to present to the King a 
bill passed by both Houses. 8 Grey, 302. Or on information received and 
relating to the safety of the nation. 10 Grey, 171. Or when the methods 
of Parliament are thought by the one House to have been departed from by 
the other a conference is asked to come to a right understanding 
thereon. 10 Grey, 148. So when an unparliamentary message has been sent, 
instead of answering it they ask a conference. 3 Grey, 155. Formerly an 
address or articles of impeachment or a bill, with amendments, or a vote 
of the House, or concurrence in a vote, or a message from the King 





  The House of Representatives has no procedure conforming to this 
provision.