NOTE.-See form of conference report appended.

29. Conferees may not include in their report matters 155 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.]

In the House, in case such matter is included, the con- 155.1 ference report may be ruled out on a point of order. (See Rule 50, below.)

In the Senate, in case such matter is included, the cus- 155.2 tom 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.)

30. Conferees may not strike out in conference anything 156 in a bill agreed to and passed by both Houses. (1321.)

[Jefferson's Manual, Sec. XLV.]

31. Conferees may include in their report matters which 157 are germane modifications of subjects in disagreement between the Houses and committed to the conference. (1418-1419.)

32. A disagreement to an amendment in the nature of 158 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.)

33. A conference committee may report agreement as to 159 some of the matters of difference, but inability to agree as to others. (1392.)

[29th Cong., 1st sess., S. Jour., pp. 523–524.]

34. In drafting a conference report care should be taken 160 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

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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

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.

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).

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.)

38. A conference report may not be received by the House if no statement accompanies it. (1404-1405.)

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.)

40. A conference report may be presented after a motion 166 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.)

41. A conference report is in order pending a demand 167 for the previous question.

[55th Cong., 3d sess., Congressional Record, p. 867.]

NOTE. In the Senate the previous question is not in use.

42. A conference report has been given precedence over 168 a question of privilege. (1397.)

43. A conference report may be presented during the time 169 set apart for a special order for the consideration of another measure.

(1400.)

44. A conference report may be presented after a vote 170 by tellers and pending the question on ordering the yeas and nays. (1399.)

45. A conference report has precedence of the question 171 on the reference of a bill, even though the yeas and nays have been ordered. (1398.)

46. The consideration of a conference report may be in- 172 terrupted by the arrival of the hour previously fixed for a recess. (1396.)

47. The question on the adoption of a final conference 173 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.

48. A bill and amendments having been once sent to con- 174 ference, 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.)

49. The rejection of a conference report leaves the matter 175 in the position it occupied before the conference was asked. (1390.)

50. When a conference report is ruled out on a point 176 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

51. It is not in order to amend a conference report, and 177 it must be accepted or rejected as an entirety. (1366.)

(Jefferson's Manual, Sec. XLVI; 4th Cong., 1st sess., S. Jour., p. 270.]

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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 52. A conference report may not be referred to a standing committee. (1413.)

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.)

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.

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 seas., 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

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.)

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

a question during the pleasure of the Senate, which can be again taken up on motion.

58. A motion to reconsider the vote on agreeing to a con- 184 ference 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

59. A conference report may be withdrawn in the Senate 185 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

Congress,

Session. H.R. [or S., as may be] No.

186

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.

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