[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. |
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 |
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). |
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). |
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. * * * |
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 |
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). |
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 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). |
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. |
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). |
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). |
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. * * * |
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. |
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. |
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 |