[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 185-196]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 185]]
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CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD TO
CONFERENCES AND CONFERENCE REPORTS\1\
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[Note.--The figures in parentheses at the end of rules
refer to sections of Hinds' Parliamentary Precedents (H.R.
Doc. 576, 55-2), where decisions and proceedings may be
found. The notes and references inserted are additional to
those in the work, and not found therein.]
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\1\Collated and prepared by Thomas P. Cleaves, Clerk to
the Committee on Appropriations, United States Senate, and
reported to the Senate by Mr. Allison, First Session, Fifty-
seventh Congress, under the following resolution of June 6,
1900:
``Resolved, That the Committee on Appropriations cause
to be prepared for the use of the Senate a manual of the law
and practice in regard to conferences and conference
reports.''
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CONFERENCES
170 1. Parliamentary law relating to conferences as stated
in Jefferson's Manual, Section XLVI:
170.1 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.)
170.2 Conferences may either be simple or free. At a
conference simply,\2\ 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
them not satisfactory and ask a conference on the subject of
the last conference, where they read and deliver, in like
manner, written answers 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
[[Page 186]]
of a necessary measure is not imputable to them. (3 Grey,
225.) At free conferences the managers discuss, vivi voce
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\2\So in original.
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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. And each party
reports 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.)
170.3 A conference may be asked before the House asking if 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
be 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.) 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., 369), 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, 296,
299, 319, 322, 355); of adhering (269, 270, 283, 300), and
even of a second or final adherence. (3 Hats., 270.) And in
all cases of conference asked after a vote of disagreement,
etc., 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.)
170.4 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.)
170.5 After a conference denied a free conference may be asked
(1 Grey, 45.)
170.6 When a conference is asked the subject of it must be
expressed or the conference not agreed to. (Ord. H. Com.,
[[Page 187]]
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., 204.) 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. But this is not the
modern practice. (1366.)
[Senate Manual, 1902, p. 137; House Manual, 56th Cong., 2d
sess., p. 207.]
CHARACTER OF CONFERENCES
171 2. Conferences may either be simple or free.
[Jefferson's Manual, Sec. XLVI.]
Note.--This rule and the definition and description of
the two kinds of conferences are found in the foregoing
section. Vice President Hamlin, in ruling upon a question of
order in the Senate in the Thirty-eighth Congress, stated
the rule and the distinction between free and simple
conferences as follows:
``Conferences are of two characters, free and simple. 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 vote, 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.''
(38th Cong., 1st sess., Congressional Globe, pt. I, p. 900.)
Speaker Reed, in his Manual of General Parliamentary
Law, chapter XV, section 242, states that ``A free
conference is one where the conferees meet and present not
only the reasons of each House, but such arguments and
reasons and persuasions as seem suitable to each member of
the committee. Instead of being confined to reasons adopted
by either House, each member may present his own. A
conference may therefore be a free conference though each
House may have instructed its members and limited them to
the terms of the agreement. This method of conference is the
only one known to our parliamentary law; at least, it is the
only one now in practice. When two legislative bodies in
this country have a conference, it is a free conference * *
*''
REQUEST FOR CONFERENCE
172 3. The request for a conference must always be made by
the House in possession of the papers. (1366.)
[Jefferson's Manual, Sec. XLVI.]
[[Page 188]]
173 4. The motion to ask for a conference comes properly
after the motion to disagree, insist, or adhere. (1367.)
174 5. A conference may be asked before there has been a
disagreement. (1366.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642-643;
Jefferson's Manual, Sec. XLVI.]
175 6. After one House has adhered the other may recede or
ask a conference, which may be granted by the other House.
(1358-1361.)
[23d Cong., 1st sess., S. Jour., p. 112; S. Jour., vol. 2,
pp. 70, 71; S. Jour., vol. 5, pp. 657, 661; Jefferson's
Manual, Sec. XLVI.]
176 7. The House may agree to a conference without
reconsidering its vote to adhere. (1362.)
177 8. Instances have occurred where one House has adhered
at once and has even refused a conference. (1363.)
Note.--In section XLV, Jefferson's Manual, it is stated
that ``Either House is free to pass over the term of
insisting, and to adhere in the first instance, but it is
not respectful to the other. In the ordinary parliamentary
course there are two free conferences, at least, before an
adherence.''
178 9. Where one House has voted at once to adhere, the
other may insist and ask a conference; but the motion to
recede has precedence. (1364.)
179 10. One House may disagree to the amendment of the
other, leaving it for the latter House to ask for the
conference as soon as the vote of disagreement is passed.
(1368.)
180 11. The amending House may insist at once upon its
amendments, and ask for a conference. (1370-1371.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642, 643;
Congressional Record, pp. 3974-4098.]
181 12. The request of the other House for a conference may
be referred to a committee.
[19th Cong., 1st sess., S. Jour., p. 302, 49th Cong. 1st
sess., H. Jour., pp. 2292, 2293; Congressional Record, p.
7332.]
182 13. Where a conference committee is unable to agree, or
where a report is disgreed to, another conference is usually
asked for and agreed to. (1384-1388.)
183 14. Before the stage of disagreement has been reached,
the request of the other House for a conference gives the
bill no privilege over the other business of the House.
(1374, 1375.)
184 15. The conference on a disagreement as to Senate
amendments to a House bill having failed, the Senate
reconsidered its action in amending and passing the bill,
[[Page 189]]
passed it with a new amendment, and asked a new conference.
[55th Cong., 3d sess., Congressional Record, pp. 317, 439,
628, 631, 2303, 2360, 2362, 2770.]
185 16. The motion to insist and ask a conference has
precedence of the motion to instruct conferees. (1376-
1379.)
CONFEREES
APPOINTMENT OF CONFEREES
186 17. Statement of principles governing the selection of
conferees on the part of the House (1383), namely:
Note.--These principles and provisions are also
applicable to the Senate and in harmony with its practice.
186.1 The House members of conference committees, called the
managers on the part of the House, are appointed by the
Speaker.
Note.--The Senate members of conference committees,
called the managers on the part of the Senate, are appointed
by the Presiding Officer, by unanimous consent, under the
custom of the Senate. Rule XXIV provides that chairman and
other members of committees of the Senate shall be appointed
by resolution unless otherwise ordered.
186.2 They are usually three in number, but on important
measures the number is sometimes increased. In the selection
of the managers the two large political parties are usually
represented, and, also, care is taken that there shall be a
representation of the two opinions which almost always exist
on subjects of importance. Of course the majority party and
the prevailing opinion have the majority of the managers. *
* *
186.3 It is also almost the invariable practice to select
managers from the members of the committee which considered
the bill. * * * But sometimes in order to give
representation to a strong or prevailing sentiment in the
House the Speaker goes outside the ranks of the committee. *
* *
186.4 The managers of the two Houses while in conference vote
separately, the majority determining the attitude to be
taken toward the propositions of the other House. When the
report is made the signatures of a majority of each board of
managers are sufficient. The minority managers frequently
refrain from signing the report, and it is not unprecedented
for a minority manager to indorse his protest on the report.
187 18. When conferees have disagreed or a conference report
has been rejected, the usual practice is to reappoint the
[[Page 190]]
managers, although it seems to have been otherwise in former
years. (1383.)
188 19. Conferees having been appointed, it is too late to
reconsider the vote whereby the House has disagreed to a
Senate amendment. (1205.)
DISCHARGE OF CONFEREES
189 20. While a conference asked by the House was in
progress on the House's disagreement to Senate amendments,
by a special order the House discharged its conferees,
receded from its disagreement, and agreed to the amendments.
(1373.)
Note.--Similar action was taken by the Senate under like
circumstances in the Forty-second Congress (42d Cong. 2d
sess., S. Jour., p. 1028).
INSTRUCTIONS TO CONFEREES
190 21. It is in order to instruct conferees, and the
resolution of instruction should be offered after the House
has voted to insist and ask a conference and before the
conferees have been appointed. (1376-1379.)
[38th Cong., 2d sess., S. Jour., p. 268; 39th Cong., 1st
sess., S. Jour., p. 782, 784; 40th Cong., 2d sess., S.
Jour., p. 119.]
191 22. It is not the practice to instruct conferees before
they have met and disagreed. (1380.)
192 23. It is not in order to give such instructions to
conferees as would require changes in the text to which both
Houses have agreed. (1380.)
193 24. The House having asked for a free conference, it is
not in order to instruct the conferees. (1381.)
194 25. The motion to instruct conferees is amendable.
(1390.)
[40th Cong., 2d sess., S. Jour., p. 119.]
195 26. A conference report may be received although it may
be in violation of instructions given to the conferees.
(1382.)
CONFERENCE COMMITTEES AND REPORTS
AUTHORITY OF CONFERENCE COMMITTEES
196 27. A conference committee is practically two distinct
committees, each of which acts by a majority. (1401.)
197 28. Conference reports must be signed by a majority of
the managers on the part of each House. They are made in
duplicate for the managers to present to their respective
Houses, the signatures of the managers of each House
appearing first on the report that is to be presented to the
House they represent.
[[Page 191]]
Note.--See form of conference report appended.
198 29. Conferees may not include in their report matters
not committed to them by either House. (1414-1417.)
[50th Cong., 1st sess., S. Jour., pp. 1064, 1065; 54th
Cong., 2d sess., S. Jour., pp. 90, 91, 96.]
198.1 In the House, in case such matter is included, the
conference report may be ruled out on a point of order.
(See Rule 50, below.)
198.2 In the Senate, in case such matter is included, the
custom is to submit the question of order to the Senate.
Note.--In the Fifty-fifth Congress, first session, Vice-
President Hobart, in overruling a point of order made on
this ground against a conference report during its reading
in the Senate, stated that the report having been adopted by
one House and being now submitted for discussion and
decision in the form of concurrence or disagreement, it is
not in the province of the Chair during the progress of its
presentation to decide that matter has been inserted which
is new or not relevant, but that such questions should go
before the Senate when it comes to vote on the adoption or
rejection of the report. (55th Cong., 1st sess., S. Jour.,
pp. 171, 172; Congressional Record, pp. 2780-2787.) See also
Congressional Record, p. 2827, 56th Cong., 2d sess., when
the Presiding Officer (Mr. Lodge in the Chair) referred with
approval to the foregoing decision of Vice-President Hobart,
and stated that when a point of order is made on a
conference report on the ground that new matter has been
inserted, the Chair should submit the question to the Senate
instead of deciding it himself, as has been the custom in
the House. No formal ruling was made in this case, however,
as the conference report, after debate, was, by unanimous
consent, rejected. (56th Cong., 2d sess., Congressional
Record, pp. 2826-2883.)
199 30. Conferees may not strike out in conference anything
in a bill agreed to and passed by both Houses. (1321.)
[Jefferson's Manual, Sec. XLV.]
200 31. Conferees may include in their report matters which
are germane modifications of subjects in disagreement
between the Houses and committed to the conference. (1418-
1419.)
201 32. A disagreement to an amendment in the nature of a
substitute having been referred to conferees, it was held to
be in order for them to report a new bill on the same
subject. (1420.)
202 33. A conference committee may report agreement as to
some of the matters of difference, but inability to agree as
to others. (1392.)
[29th Cong., 1st sess., S. Jour., pp. 523-524.]
203 34. In drafting a conference report care should be taken
in stating the action of the conferees on amendments to
observe the parliamentary rule that neither House can recede
from or insist on its own amendment with an amend
[[Page 192]]
ment; and in case pages and lines of the bill or amendments
are referred to in the report, the engrossed bill and
amendments only should be used.
PRESENTATION AND PRIVILEGE OF CONFERENCE REPORTS
204 35. A conference report is made first to the House
agreeing to the conference.
Note.--This rule seems to follow from the principle laid
down by Jefferson (Manual, Sec. XLVI), that ``in all cases
of conference asked after a vote of disagreement, etc., the
conferees of the House asking it are to leave the papers
with the conferees of the other,'' thus putting the agreeing
House in possession of the papers, and has been the usual
practice in Congress.
205 36. Conference reports are in order in the Senate under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order, except when the Journal is being
read or a question of order or motion to adjourn is pending,
or while the Senate is dividing; and when received, the
question of proceeding to the consideration of the report,
if raised, shall be immediately put, and shall be determined
without debate.
Note.--It has been held in the Senate that the
presentation of a conference report includes its reading,
unless by unanimous consent the reading is dispensed with
(54th Cong., 1st sess., S. Jour., p. 334; Congressional
Record, p. 5511).
206 37. Conference reports are in order in the House under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order except when the journal is being
read, while the roll is being called, or the House is
dividing on any proposition. And there shall accompany any
such report a detailed statement sufficiently explicit to
inform the House what effect such amendments or propositions
shall have upon the measures to which they relate.
Note.--Paragraph 4 of rule XXVIII of the Standing Rules
of the Senate requires a conference report to be accompanied
by an explanatory statement prepared jointly by the
conferees on the part of the House and the Senate. (See
Senate Manual section No. 28.4.)
207 38. A conference report may not be received by the House
if no statement accompanies it. (1404-1405.)
208 39. Whether or not the detailed statement accompanying a
conference report is sufficient to comply with the rule
(XXVIII) is a question for the House, and not for the
Speaker, to determine. (1402-1403.)
[[Page 193]]
209 40. A conference report may be presented after a motion
to adjourn has been made or when a Member is occupying the
floor for debate, but the report need not be disposed of
before the motion to adjourn is put. (1393-1395.)
210 41. A conference report is in order pending a demand for
the previous question.
[55th Cong., 3d sess., Congressional Record, p. 867.]
Note.--In the Senate the previous question is not in
use.
211 42. A conference report has been given precedence over a
question of privilege. (1397.)
212 43. A conference report may be presented during the time
set apart for a special order for the consideration of
another measure. (1400.)
213 44. A conference report may be presented after a vote by
tellers and pending the question on ordering the yeas and
nays. (1399.)
214 45. A conference report has precedence of the question
on the reference of a bill, even though the yeas and nays
have been ordered. (1398.)
215 46. The consideration of a conference report may be
interrupted by the arrival of the hour previously fixed for
a recess. (1396.)
216 47. The question on the adoption of a final conference
report has precedence of a motion to recede and concur in
amendments of the other House.
[55th Cong., 3d sess., Congressional Record, p. 2927.]
REJECTION OF CONFERENCE REPORTS, EFFECTS OF, ETC.
217 48. A bill and amendments having been once sent to
conference, do not, upon the rejection of the conference
report, return to their former state so that the amendments
may be sent to the Committee of the Whole. (1389.)
218 49. The rejection of a conference report leaves the
matter in the position it occupied before the conference was
asked. (1390.)
219 50. When a conference report is ruled out on a point of
order in the House it is equivalent to a negative vote on
the report, and the Senate is informed by message that the
House has ``disagreed'' to the report. (1417.)
AMENDMENT OF CONFERENCE REPORTS
220 51. It is not in order to amend a conference report, and
it must be accepted or rejected as an entirety. (1366.)
[Jefferson's Manual, Sec. XLVI; 4th Cong., 1st sess., S.
Jour., p. 270.]
[[Page 194]]
Note.--Various instances are found where conference
reports agreed to by both Houses were amended and corrected
by concurrent resolution or order. (43d Cong., 2d sess., S.
Jour., pp. 372, 373, H. Jour., p. 610; Congressional Record,
p. 1990; 44th Cong., 1st sess., S. Jour., pp. 581, 708, H.
Jour., pp. 1087, 1252; 48th Cong., 1st sess., S. Jour., p.
859.)
REFERENCE AND RECOMMITMENT OF CONFERENCE REPORTS
221 52. A conference report may not be referred to a
standing committee. (1413.)
222 53. A conference report may not be referred to the
Committee of the Whole, although in the earlier history of
the House this was sometimes done. (1410, 1411.)
223 54. It is not in order in the House to recommit a
conference report to the committee of conference. (1412.)
Note.--This rule is founded upon the decision of Speaker
Carlisle (49th Cong., 2d sess., Congressional Record, p.
880), which has been affirmed by subsequent Speakers, but
prior to that time many instances had occurred of
recommitting conference reports to the committee of
conference.
224 55. It is in order in the Senate to recommit a
conference report to the committee of conference, but not
with instructions, according to the later decisions.
[42d Cong., 3d sess., S. Jour., pp. 313, 554-557; 43d Cong.,
1st sess., S. Jour., p. 865; 44th Cong., 1st sess., S.
Jour., p. 211; 49th Cong., 2d sess., S. Jour., p. 151; 55th
Cong., 3d sess., Congressional Record, pp. 2823, 2842-3.]
Note.--Inasmuch as concurrent action is necessary for
the recommittal of a conference report, the foregoing rule
of the House has necessitated a change in the practice, and
no effort has been made by the Senate in late years to
recommit a conference report. The purpose of a recommittal
can be attained, however, by a rejection of the report, when
another conference would be ordered, and in accordance with
usage the same conferees would be appointed.
TABLING OF CONFERENCE REPORTS
225 56. The House has formally discarded the old practice of
allowing conference reports to be laid on the table. (1407-
1409.)
Note.--The effect of the motion to lay on the table in
the House defeats the proposition. It is never taken up
again. Hence a conference report can not be laid on the
table; otherwise a conference report might be put beyond the
reach of either House. (Reed's Parliamentary Rules, Chap.
VIII, sec. 115.)
226 57. The Senate practice allows conference reports to be
laid on the table.
[43d Cong., 2d sess., S. Jour., p. 433; Congressional
Record, pp. 2205-2206.]
Note.--The effect of the motion to lay on the table in
the Senate, unlike that in the House, is simply to suspend
the consideration of
[[Page 195]]
a question during the pleasure of the Senate, which can be
again taken up on motion.
227 58. A motion to reconsider the vote on agreeing to a
conference report may be laid on the table in the Senate
without carrying the report.
[44th Cong., 1st sess., S. Jour., p. 234; Congressional
Record, p. 1253, 1254; Senate Manual (1901), Rule XIII,
clause 1, p. 13.]
WITHDRAWAL OF CONFERENCE REPORTS
228 59. A conference report may be withdrawn in the Senate
on leave, and in the House by unanimous consent.
Note.--In the 32d Congress, a conference report having
been agreed to in the Senate, the vote was reconsidered, the
bill returned from the House on request of the Senate, and
the committee of conference had leave to withdraw its
report. (32d Cong., 2d sess., S. Jour., p. 420.)
FORM OF CONFERENCE REPORT
229
------ Congress, ------ Session. H.R. [or S., as may be]
No. ------
CONFERENCE REPORT
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate [or House, as
may be] to the Bill [or Resolution, as may be] (H.R. [or S.,
as may be] ------), [title here] having met, after full and
free conference have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate [or House, as may be] recede from its
amendments numbered * * *.
That the House [or Senate, as may be] recede from its
disagreements to the amendments of the Senate [or House, as
may be] numbered * * * and agree to the same.
Amendment numbered ------:
That the House [or Senate, as may be] recede from its
disagreement to the amendment of the Senate [or House, as
may be] numbered ------, and agree to the same with an
amendment, as follows: * * *; and the Senate [or House, as
may be] agree to the same.
Amendment numbered ------:
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same.
Amendment numbered ------:
[[Page 196]]
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same, with an amendment,
as follows: * * *; and the House [or Senate, as may be]
agree to the same.
Amendments numbered ------:
On the amendments of the Senate [or House, as may be]
numbered ------, the committee of conference have been
unable to agree.
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
230 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
\1\
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment/amendments of the House/Senate to the bill/
joint resolution ( ) submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
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\1\This statement form replaces that formerly carried in
Cleaves' Manual. Rule XXVIII of the Standing Rules of the
Senate and Rule XXVIII of the Rules of the House of
Representatives provide that ``an explanatory statement
prepared jointly by the conferees on the part of the House
and the conferees on the part of the Senate'' shall
accompany each conference report.
---------------------------------------------------------------------------
* * * * * * *
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
[231]
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index to conferences and conference reports
Senate Manual Section