Resolving Differences with the Senate

House receives a House-passed bill with one or more Senate amendments (or House receives Senate amendment(s) to House amendment(s)). House then concurs in Senate amendment(s) or concurs in Senate amendments with one or more House amendments.

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


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