Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress-Section XLVI.Conferences

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 283-296]
[From the U.S. Government Publishing Office, www.gpo.gov]

sec. xlvi--conferences

Sec. 530. Parliamentary law as to asking
conferences.

It is on the occasion of amendments between the Houses that
conferences are usually asked; but they may be asked in all cases of
difference of opinion between the two Houses on matters depending
between them. The request of a conference, however, must always be by
the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425.

[[Page 284]]

The House follows the principles set forth in this paragraph of the
parliamentary law. A conference may be asked on only a portion of the
amendments in disagreement, leaving the differences as to the remainder
to be settled by the action of the two Houses themselves (V, 6401). In
very rare instances conferences have been asked by one House after the
other has absolutely rejected a main proposition (IV, 3442; V, 6258). A
difference over an amendment to a proposed constitutional amendment may
be committed to a conference (V, 7037).

Sec. 531. Conferences over matters other
than differences as to amendments.

While conferences between the two Houses of Congress
are usually held over differences as to amendments to bills,
occasionally differences arise as to the respective prerogatives of the
Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in
impeachment proceedings (III, 2304), which are referred to conference.
In early and exceptional instances conferences have been asked as to
legislative matters when no propositions relating thereto were pending
(V, 6255-6257).

Sec. 532. Conferences by means of select
committees.

In very rare cases, also, the Houses interchange views and come to
conclusions by means of select committees appointed on the part of each
House (I, 3). Thus, in 1821, a joint committee was chosen to consider
and report to the two Houses whether or not it was expedient to provide
for the admission of Missouri into the Union (IV, 4471), and in 1877
similar committees were appointed to devise a method for counting the
electoral vote (III, 1953).

Sec. 533. Requests for conferences.

The parliamentary law
provides that the request for a conference must always be by the House
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, 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).

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a conference at this stage has been rejected, its repetition at the same
stage of the proceedings, no other motion to dispose of the matter in
disagreement having been considered, has not been permitted (V, 6325).
Where a conference results in disagreement, a motion to request a new
conference is privileged (V, 6586). Sometimes disagreements are voted on
by the House and conferences asked through the medium of special orders
of business (IV, 3242-3249).

Sec. 535. Motions to request conferences.

After the stage of
disagreement has been reached, a motion to ask a conference is
considered as distinct from motions to agree or disagree to amendments
of the other House (V, 6268) and the motions to agree, recede, or insist
are considered as preferential (V, 6269, 6270). Where a motion to
request

Before the stage of disagreement, any motion with respect to
amendments between the two Houses is without privilege, except for
motions with respect to the limited number of amendments that qualify
under clause 2 of rule XXII or motions under clause 1 of rule XXII, to
disagree to Senate amendments (or insist on House amendments) and to
request or agree to an initial conference if the motion is authorized by
the primary committee and all reporting committees of initial referral
and if the Speaker, in his discretion, recognizes for that purpose. A
motion under the latter clause may be repeated, if again authorized by
the relevant committees, and if the Speaker again agrees to recognize
for that purpose, even though the House has once rejected a motion to
send the same matter to conference (Speaker Albert, Oct. 3, 1972, p.
33502).

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discretion of the Chair (Speaker Garner, June 24, 1932, p. 13876;
Speaker Martin, July 8, 1947, p. 8469), and while a point of order will
not lie against his exercise of this discretion (VIII, 2193, 3221), the
Speaker normally takes into consideration the attitude of the majority
and minority of the House on the disagreements in issue (V, 6336-6338;
VIII, 3223), the varying views of the Members of the House (V, 6339,
6340), and does not necessarily confine his appointments to members of
the committee in charge of the bill (V, 6370). In one case, where the
prerogatives of the House were involved, all of the managers were
appointed to represent the majority opinion (V, 6338). See also
Sec. 637, infra.

Sec. 536. Managers of conferences.

While usual, it is not
essential that one House, in asking a conference, transmit the names of
its managers at the same time (V, 6405). The managers, properly so
called (V, 6335), constitute practically two distinct committees, each
of which acts by a majority (V, 6334). The Speaker appoints the managers
on the part of the House (clause 11 of rule I) and has discretion as to
the number to serve on a given bill (V, 6336; VIII, 2193) but must
appoint (1) a majority of Members who generally support the House
position, as determined by the Speaker; (2) Members who are primarily
responsible for the legislation; and (3) to the fullest extent feasible
the principal proponents of the major provisions of the bill as it
passed the House (clause 11 of rule I). While the practice used to be to
appoint three managers from each house (V, 6336), in the absence of
joint rules each House may appoint whatever number it sees fit (V, 6328-
6330). The two Houses have frequently appointed a disparate number of
managers (V, 6331-6333; VIII, 3221); and where the Senate appointed nine
and the House but three, a motion to instruct the Speaker to appoint a
greater number of managers on the part of the House was held out of
order (VII, 2193). In appointing managers the Speaker usually consults
the Member in charge of the bill (V, 6336); and where an amendment in
disagreement falls within the jurisdiction of two committees of the
House, the Speaker has named Members from both committees and specified
the respective areas on which they were to confer (Speaker Albert, Nov.
30, 1971, p. 43422). In appointing conferees on the general
appropriation bill for fiscal year 1951, Speaker Rayburn appointed a set
of managers for each chapter of the bill and four Members to sit on all
chapters (Aug. 7, 1950, p. 11894). While the appointment of conferees,
both as to their number and composition, is within the

Sec. 537. Reappointment of, at second and
subsequent conferences.

Where there were several conferences on a bill, it was the
early practice to change the managers at each conference (V, 6288-6291,
6324), and so fixed was this practice that their reappointment had a
special significance, indicating an unyielding temper (V, 6352-6368);
but in the later practice it is the rule to reappoint managers (V, 6341-
6344) unless a change be necessary to enable the sentiment of the House
to be represented (V, 6369).

Sec. 538. Vacancies, etc., in managers of
conferences.

Managers of a conference are excused from service either by authority
of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d
Congress, by removal by the Speaker (clause 11 of rule I). The absence
of a manager may cause a vacancy, which the Speaker fills by appointment
(V, 6372; VIII, 3228). Where one House makes a change in its managers,
it informs the other House, by message (V, 6377, 6378). According to the
later practice the powers of managers who have not reported do not
expire by reason of the termination of a session of Congress, unless it
be the last session (V, 6260-6262).

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record the justification of each House to the nation at large and to
posterity and in proof that the miscarriage of a necessary measure is
not imputable to them. 3 Grey, 255. At free conferences the managers
discuss, viva voce and freely, and interchange propositions for such
modifications as may be made in a parliamentary way, and may bring the
sense of the two Houses together. * * *

Sec. 539. Parliamentary law as to free and simple
conferences.

Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are read
and delivered, without debate, to the managers of the other House at the
conference, but are not then to be answered. 4 Grey, 144. The other
House then, if satisfied, vote the reasons satisfactory, or say nothing;
if not satisfied they resolve then not satisfactory and ask a conference
on the subject of the last conference, where they read and deliver, in
like manner, written answer to those reasons. 3 Grey, 183. They are
meant chiefly to

Sec. 540. Free and simple conferences in modern
practice.

This provision of the parliamentary law bears little relation to the modern
practice of the two Houses of Congress, and that practice has evolved a
new definition: ``A free conference is that which leaves the committee
of conference entirely free to pass upon any subject where the two
branches have disagreed in their votes, not, however, including any
action upon any subject where there has been a concurrent vote of both
branches. A simple conference--perhaps it should more properly be termed
a strict or a specific conference, though the parliamentary term is
`simple'--is that which confines the committee of conference to the
specific instructions of the body appointing it'' (V, 6403). And where
the House had asked a free conference it was held not in order to
instruct the managers (V, 6384). But it is very rare for the House in
asking a conference to specify whether it shall be free or simple.

[[Page 288]]

direct the managers to do that which they might not otherwise do (V,
6386, 6387; VIII, 3235, 3244), as to effect a change in part of a bill
not in disagreement (V, 6391-6394) or change the text to which both
Houses have agreed (V, 6388). Although managers may disregard
instructions, their report may not for that reason be ruled out of order
(V, 6395; VIII, 3246; June 8, 1972, p. 20282), and when a conference
report is recommitted with instructions the managers are not confined to
the instructions alone (VIII, 3247).

Sec. 541. Instruction of managers of a
conference.

In their practices as to the instruction of managers of a conference, the
House and the Senate do not agree. Only in rare instances has the Senate
instructed (V, 6398), and these instances are at variance with its
declaration, made after full consideration, that managers may not be
instructed (V, 6397). And where the House has instructed its managers,
the Senate sometimes has declined to participate and asked a free
conference (V, 6402-6404). In the later practice the House does not
inform the Senate when it instructs its managers (V, 6399), the Senate
having objected to the transmittal of instructions by message (V, 6400,
6401). In one instance where the Senate learned indirectly that the
House had instructed its managers, it declared that the conference
should be full and free, and instructed its own managers to withdraw if
they should find the freedom of the conference impaired (V, 6406). But
the House holds to the opinion that the House may instruct its managers
(V, 6379-6382), although the propriety of doing so at a first conference
has been questioned (V, 6388, footnote). And in rare instances where a
free conference is asked instruction is not in order (V, 6384). At a new
conference the instructions of a former conference are not in force (V,
6383; VIII, 3240). And instructions may not

The motion to instruct managers should be offered after the vote to
ask for or agree to a conference and before the managers are appointed
(V, 6379-6382; VIII, 3233, 3240, 3256). The motion to instruct may be
amended unless the previous question is ordered (V, 6525; VIII, 3231,
3240); thus a motion to instruct House conferees to agree to a numbered
Senate amendment with an amendment may be amended, upon rejection of the
previous question, to instruct the conferees to agree to the Senate
amendment (June 9, 1982, pp. 13027, 13028, 13039, 13049). 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. ----). 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. ----); 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).

A member of the minority is first entitled to recognition for a motion
to instruct conferees (Speaker Bankhead, Oct. 31, 1939, pp. 1103-05;
Speaker Albert, Oct. 19, 1971, pp. 36832-35), and where two minority
members of the reporting committee seek recognition to offer a motion to
instruct conferees before their appointment, the Chair will recognize
the senior minority member of the committee (Oct. 10, 1986, p. 30181;
Speaker Wright, Feb. 17, 1988, p. 1583).

[[Page 289]]

amended or altered, as that of a committee may be. Journal Senate, May
24, 1796.

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

Sec. 543. Forms of conference reports.

In the two Houses of
Congress conference reports were originally merely suggestions for
action and were neither identical in the two Houses nor acted on as a
whole (V, 6468-6471). In the House clause 7(a) of rule XXII provides
that conference reports may be received at any time, except when the
Journal is being read, while the roll is being called, or the House is
dividing. They are privileged on or after the third calendar day
(excluding Saturdays, Sundays, or legal holidays) after they have been
filed and printed in the Record, together with the accompanying
statement (clause 8 of rule XXII). The early reports were not signed by
the managers (IV, 3905); but in the later practice the signatures of the
majority of the managers of each House is required (V, 6497-6502; VIII,
3295). Sometimes a manager indorses the report with a conditional
approval or dissent (V, 6489-6496, 6538). However, signatures with
conditions are not counted toward a majority (Nov. 18, 1991, p. 32689.
Supplemental reports or minority views may not be filed in connection
with conference reports (VIII, 3302). The name of an absent manager may
not be affixed, but the two Houses by concurrent action may authorize
him to sign the report after it has been acted on (V, 6488). The
minority portion of the managers of a conference have no authority to
make either a written or verbal report concerning the conference (V,
6406). In the later practice reports of managers are identical, and made
in duplicate for the two Houses, the House managers signing first the
report for their House and the Senate managers signing the other report
first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances
managers may report an entirely new bill on a subject in disagreement,
but this bill is acted on as part of the report (V, 6465-6467; see also
clause 9 of rule XXII). A quorum among the managers on the part of the
House at a committee of conference is established by their signatures on
the conference report and joint explanatory statement (Oct. 4, 1994, p.
27662).

Sec. 544. Partial conference reports.

Managers may report an
agreement as to a portion of the numbered amendments in disagreement,
leaving the remainder to be disposed of by subsequent action (V, 6460-
6464). Where a Senate amendment to the title of a House bill was in
conference, but inadvertently omitted from the conference report, the
House adopted the report, and, by unanimous consent, insisted on its
disagreement to the putatively reported amendment and agreed to a
concurrent resolution that deemed the conference report to have
``resolved all disagreements'' (Oct. 10, 2002, p. 20333).

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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. 545. Reports of inability to agree.

Where managers of a
conference are unable to agree, or where a report is disagreed to in
either House, another conference is usually asked (V, 6288-6291). When
managers report that they have been unable to agree, the report is not
acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p. 15816).
While

Sec. 546. Managers restricted to the
disagreements of the two Houses.

The managers of a conference must confine
themselves to the differences committed to them (V, 6417, 6418; VIII,
3252, 3255, 3282), and may not include subjects not within the
disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even
though germane to a question in issue (V, 6419; VIII, 3256; Speaker
Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments
committed to them if they do not in so doing go beyond the differences
(V, 6409, 6413). Thus, where an amendment providing an appropriation to
construct a road had been disagreed to, it was held in order to report a
provision to provide for a survey for the road (V, 6425). Managers may
not change the text to which both Houses have agreed (V, 6417, 6418,
6420, 6433-6436). But where the amendment in issue strikes out all of
the bill after the enacting clause and substitutes a new text, the
managers have the whole subject before them and may exercise a broad
discretion as to details (V, 6424; VIII, 3266), and may even report an
entirely new bill on the subject (V, 6421, 6423; VIII, 3248, 3263, 3265,
3276; Sec. 1088, infra). Where the amendment in disagreement proposes a
substitute differing greatly from the House provision they may eliminate
the entire subject matter (Speaker Gillett, Sept. 14, 1922, p. 12598).

Sec. 547. Remedy where managers exceed their
authority.

In the House the Speaker may rule out a conference report if it be
shown that the managers have exceeded their authority (V, 6409-6416;
VIII, 3256; Oct. 4, 1962, p. 22332; Nov. 14, 2002, 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).

[[Page 291]]

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).

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 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.

Sec. 548. Meeting and action of managers.

The managers of a
conference may not report before the other House is notified of their
appointment and a meeting is held (V, 6458). Conferences are generally
held in the Capitol, and formerly with closed doors, although in rare
instances Members and others were admitted to make arguments (V, 6254,
footnote, 6263). Clause 12 of rule XXII now provides for at least one
open conference meetings except where the House determines by record
vote that all or part of the meeting may be closed to the public. The
same rule now provides for a point of order in the House against the
report and for an automatic request for a new conference if the House
managers fail to meet in open session following appointment of the
Senate conferees (Dec. 20, 1982, p. 32896). For a discussion of open
conference meetings, see Sec. 1093, infra. Rarely, also, papers in the
nature of petitions have been referred to managers (V, 6263). The
managers of the two Houses vote separately (V, 6336). 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.

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from conference in disagreement (June 18, 1992, p. 15453). While
ordinarily reports are agreed to by majority vote, a two-thirds vote is
required on a report relating to a constitutional amendment (V, 7036).
Conference reports must be acted on in both Houses and, in a case 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, 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

Sec. 550. Motions in order during action on a
conference report.

When a conference report is presented, the question on
agreeing is regarded as pending (V, 6517; VIII, 3300), and as the
negative of it is equivalent to disagreement, the motion to disagree is
not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the
amendments to which the report relates is not in order during its
consideration (V, 5298). The report may not be amended on motion made in
either House alone (V, 6534, 6535; VIII, 3306), but amendment is
sometimes made by concurrent action of the two Houses (V, 6536, 6537;
VIII, 3308). A motion to refer to a standing committee (V, 6558) or to
lay on the table is not entertained in the House (V, 6538-6544); and a
conference report may not be sent to Committee of the Whole on
suggestion that it contains matter ordinarily requiring consideration in
that committee (V, 6559-6561). It is in order on motion to recommit a
conference report if the other body, by action on the report, have not
discharged their managers (V, 6545-6553, 6609; VIII, 3310), and by
concurrent resolution a report may be recommitted to conference after
each House has acted thereon (VIII, 3316), but such a proposition would
not be privileged in the House (V, 6554-6557; VIII, 3309).

A bill being recommitted to the committee of conference, no further
action is taken by the House until it is again reported by the managers
(VIII, 3326, 3327), and when reported is subject to another motion to
recommit (VIII, 3325). Because instructions included in a motion to
recommit a conference report are not binding, adoption of such a motion
opens to further negotiation all issues committed to conference (Apr.
21, 1988, p. 8198). A motion to recommit a conference report may not
instruct House managers to exceed the scope of conference and (see
Sec. 1088, infra); and, under clause 7(d) of rule XXII, a motion to
instruct may not contain argument (see Sec. 1079, infra).

[[Page 293]]

is considered as rejected pursuant to the provisions of clause 10 of
rule XXII because of the inclusion of nongermane matter, the pending
question is as specified in those clauses and, depending on the nature
of the text in disagreement, may be to recede and concur with an
amendment, to insist on the House position, or to insist on disagreement
(see Sec. Sec. 1089, 1090, infra).

Sec. 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

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 294]]

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. 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,

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.

[[Page 295]]

This principle of the parliamentary law is recognized as of effect in
the two Houses of Congress, and is customarily followed in cases wherein
the managers of the conference come to an agreement on which a report
may be based (July 31, 1981, p. 18884). If conferees of House agreeing
to conference surrender papers to House asking conference, the report
can be received first by House asking the conference (VIII, 3330). In
the 101st Congress, where a report following a successful conference was
filed in both Houses, an objection to a unanimous-consent request in the
Senate prevented the release of papers held at the Senate desk to the
House, where the Senate in the normal course of events was scheduled to
act first on the report (June 28, 1990, p. 16249).

Sec. 556. Custody of papers when managers of a
conference fail to agree.

Where a conference breaks up without reaching any
agreement the managers for the House that requested the conference, who
have the papers by right, are justified in retaining them and carrying
them back to the House (IV, 3905, footnote; V, 6246, 6254, 6571-6584;
VIII, 3332). And in one case wherein under such circumstances the papers
were taken back to the Senate, which was the body agreeing to the
conference, the Senate after consideration sent them to the House, since
it seemed proper for the asking House to take the first action (V,
6573). But sometimes managers have brought the papers to the agreeing
House without question (V, 6239, footnote; July 14, 1988, p. 18411).

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 296]]

dress 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, 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
ad

The House has no procedure conforming to this provision.