    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [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.

      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.

      Although 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).

    [[Page 283]]

    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. 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

    Sec. 533. Requests for conferences.

      The  parliamentary law
    provides that the request for a conference must always be by the House
    that is in possession 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, in which
    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, in which 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 of business (IV, 3242-3249).

    [[Page 284]]

    committee and all reporting committees of initial
    referral and if the Speaker chooses to recognize for that purpose. Under
    clause 2(a)(3) of rule XI, a committee may adopt a rule providing that
    the chair be directed to offer a motion under clause 1 of rule XXII. 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).
      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

    [[Page 285]]

    Sec. 536. Managers of conferences.

      Although 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). Although 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). Although the appointment of
    conferees, both as to their number and composition, is within the
    discretion of the Chair (Speaker Garner, June 24, 1932, p. 13876;
    Speaker Martin, July 8, 1947, p. 8469), and although a point of order
    will not lie against the 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 the appointments to
    members of the committee in charge of the bill (V, 6370). In one case,
    in which 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. 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). If 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 at the termination of a session, unless it be the last session
    (V, 6260-6262).

    [[Page 286]]

    tary 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 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 parliamen

    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.

    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 in which 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 in which
    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).

    [[Page 287]]

    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). A Member may
    not be recognized for a unanimous-consent request to modify a pending
    motion to instruct unless yielded to for that purpose by the proponent
    (Mar. 29, 2006, p. 4377). 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); and the ruling out of such a motion
    does not preclude the offering of a proper motion (VIII, 3235; Dec. 7,
    2005, p. 27706); but one motion having been considered and disposed of,
    further motions are not in order (VIII, 3236). The restriction on
    further motions does not apply to a motion to instruct under clause 7(c)
    of rule XXII (Aug. 22, 1935, pp. 14162-64).
      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,

      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 if 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).

    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 288]]

    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) and in the modern practice are not printed in the
    report. 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 the manager 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. 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).

    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. 20333).

    [[Page 289]]

    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).
    Although 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 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. 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 if the amendment in issue strikes 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). If 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, pp. 22408, 22409). 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. 22408).

      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. 22409).

    [[Page 290]]

    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. Public Law 110-81 amended it to provide a new
    procedure (see, e.g., Nov. 7, 2007, p. _).
      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 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

    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 meeting except if 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). Clause 12(a)(3) of rule XXII
    provides additional statements on the meetings, discussions, and
    signatures of House managers. Clause 13 of rule XXII provides a point of
    order against consideration of a conference report that differs in a
    non-clerical manner from the version placed before the House managers
    for signature.

    [[Page 291]]

    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). Although 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 in which the Senate had adopted a report recommending
    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,

    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 (Sec. 1088,
    infra); and, under clause 7(d) of rule XXII, a motion to instruct may
    not contain argument (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 that clause 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), because 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 in both Houses,
    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,
    because 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.