House acts by unanimous consent, under
suspension of the rules, or pursuant to a special rule.
* REACHING
DISAGREEMENT WITH THE SENATE
House passes a Senate bill with one
or more House amendments. House then insists on its amendment(s)
and requests a conference with the Senate.
Or House receives a House-passed bill
with one or more Senate amendments. House then disagrees to Senate
amendment(s) and either requests a conference or agrees to the
Senate's request for a conference.
House takes either action by unanimous
consent or by a motion made at direction of the committees of
jurisdiction.
* APPOINTING
AND INSTRUCTING CONFEREES
One valid motion to instruct in order
before Speaker names conferees. Motion to instruct is a minority
prerogative, and may be amended unless previous question is ordered.
If the sponsor and the manager from the other party both support
the motion, an opponent can claim one-third of the first hour
of debate. Instructions are not binding and must be within authority
of the conferees.
The Speaker appoints House conferees
immediately after House decides to go to conference or after House
disposes of motion to instruct.
If necessary, chairman of House conferees
makes motion authorizing them to close one or more conference
meetings. Motion requires rollcall vote.
* REACHING
AGREEMENT IN CONFERENCE
Motions to instruct or discharge House
conferees are in order beginning 20 calendar days after their
appointment. One day's notice must be given.
Conferees reach agreement on all amendments
in disagreement between the House and Senate. All conference agreements
must remain within scope of the differences between the House
and Senate positions.
Majority of House conferees and majority
of Senate conferees must sign conference report and statement
of managers (joint explanatory statement).
* CONSIDERING
CONFERENCE REPORT
Report must satisfy three-day layover
and two-hour availability requirements.
Report debated and adopted in the House
under hour rule with no amendments in order. One valid motion
to recommit in order if Senate has not already agreed to the report.
House first may vote on a special rule reported by the Rules Committee
to protect conference report against points of order.
* DISPOSING
OF AMENDMENTS IN DISAGREEMENT
Speaker directs Clerk to designate each Senate amendment in disagreement, if any. Majority floor manager proposes to dispose of Senate amendment by moving that House:
(1) recede and concur in Senate amendment,
(2) recede and concur with House amendment to Senate amendment, or
(3) insist on its disagreement to Senate
amendment.
Motion debatable under hour rule and may be subject to division, amendment, or preferential motion.
Amendments in disagreement typically accompany conference reports on appropriations bills.
If Senate rejects House position, House
act on further Senate messages.
Note: This only summarizes the most
common steps in the process. See House rules XX and XXVIII and
related precedents. Also see, CRS Report 91-538, Resolving Legislative
Differences in Congress.
Distributed by: Parliamentary Outreach Program Prepared by: Stanley Bach
and Subcommittee on Rules & Organization of the House Congressional Research Service
House Committee on Rules, Majority Staff February 27, 1995