Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress-Section XLVI.Conferences

[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 Printing 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.

[[Page 281]]
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.