[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 282-295]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                         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.



[[Page 283]]

  The House 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).




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 that an omission to do so has even raised a question (V, 
6273). Yet it cannot 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. 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).



[[Page 284]]

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 
of business (IV, 3242-3249).


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


  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 XXII or motions under clause 1 of rule XXII, 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 primary committee and all reporting committees of initial referral 
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 relevant committees, 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, p. 
33502).


[[Page 285]]

discretion of the Chair (Speaker Garner, June 24, 1932, p. 13876; 
Speaker Martin, July 8, 1947, p. 8469), 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. 637, 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 which acts by a majority (V, 6334). The Speaker appoints the managers 
on the part of the House (clause 11 of rule I) 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 11 of rule I). 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




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).





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 11 of rule I). The absence 
of a manager may cause a vacancy, which the Speaker fills by appointment 
(V, 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).



[[Page 286]]

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. * * *



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




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 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.



[[Page 287]]

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).


Sec. 541. Instruction of managers of a 
conference.

  In their practices  as to the instruction of managers of a conference, the 
House 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 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


  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 7(b) of rule XXII) 
unless the previous question is ordered (VIII, 2675, 3240), which the 
proponent may not move until those allotted time under clause 7(b) have 
yielded back (Oct. 3, 1989, p. 22842). 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 7(c) of 
rule XXII (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 before 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.



[[Page 288]]




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.




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 clause 7(a) of rule XXII 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 8 of rule XXII). 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). However, signatures with 
conditions are not counted toward a majority (Nov. 18, 1991, p. 32689. 
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 on as part of the report (V, 6465-6467; see also 
clause 9 of rule XXII). 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. 
27662).




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). Where a Senate amendment to the title of a House bill was in 
conference, but inadvertently omitted from the conference report, the 
House adopted the report, and, by unanimous consent, insisted on its 
disagreement to the putatively reported amendment and agreed to a 
concurrent resolution that deemed the conference report to have 
``resolved all disagreements'' (Oct. 10, 2002, p. ----).



[[Page 289]]

of the amendment to clause 8(a) of rule XXII 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).


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 (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




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; Sec. 1088, infra). 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 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, p. 22332; Nov. 14, 2002, p. ----). 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 8(c) of rule XXII applies, 
points of order must be made before debate begins on the report (Nov. 
14, 2002, p. ----).


  A conference report held to violate clause 9 of rule XXII was 
vitiated, after which a privileged motion to recede and concur in a 
Senate amendment with an amendment incorporating by reference the text 
of an introduced House bill was offered (Nov. 14, 2002, p. ----).


[[Page 290]]

Senate adopted a ``scope'' rule providing for a point of order against 
conferees inserting matter not committed to them or changing the text 
agreed to by both Houses. This rule of the Senate was strictly construed 
(VIII, 3273, 3275) until the 104th Congress when the Senate overturned 
on appeal a ruling of its presiding officer that the inclusion of a 
special labor-law provision in a conference report exceeded the scope of 
conference (Oct. 3, 1996, pp. 27147-51). The Chair interpreted that 
action as tantamount to a change in the Senate rules until the 107th 
Congress. Public Law 106-553 provided that at the beginning of the 107th 
Congress the Presiding Officer of the Senate would apply precedents 
under Senate rule XXVIII as in effect at the end of the 103d Congress.
  Under the former practice of the Senate, 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). However, on March 8, 1918, 
the



Sec. 548. Meeting and action of managers.

  The  managers of a 
conference may not report before the other House is notified of their 
appointment and a meeting is 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 12 of rule XXII now provides for at least one 
open conference meetings except where the House determines by record 
vote that all or part of the meeting may 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). For a discussion of open 
conference meetings, see Sec. 1093, infra. 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 291]]

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, p. 40481); 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 
not only a conference report but also sundry motions to dispose of 
amendments reported from conference in disagreement (June 18, 1992, p. 
15453). 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




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). A motion to recommit a conference report may not 
instruct House managers to exceed the scope of conference and (see 
Sec. 1088, infra); and, under clause 7(d) of rule XXII, a motion to 
instruct may not contain argument (see Sec. 1079, infra).



[[Page 292]]




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 clause 10 of rule XXII because of the inclusion of nongermane matter, 
the pending 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 Sec. Sec. 1089, 1090, infra).





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 293]]




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





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, p. 18884). 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. 16249).


[[Page 294]]

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.

  Where a  conference breaks up without reaching any 
agreement the managers for the House that requested 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 papers 
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).




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


[[Page 295]]

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 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,





  The House has no procedure conforming to this provision.