COMMITTEE ON RULES -

How Congress Works

Resolving Differences with the Senate

Steps in Resolving Differences With the Senate

RESOLVING DIFFERENCES WITHOUT GOING TO CONFERENCE

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 by the Rules Committee.

GOING TO CONFERENCE 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 the direction of the committees of jurisdiction.

APPOINTING AND INSTRUCTING CONFEREES

One valid motion to instruct conferees is in order before the Speaker names conferees. A motion to instruct is a Minority prerogative, and may not be amended unless the previous question is rejected. If the two managers 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 the authority of the conferees under the rules of the House.

The Speaker appoints House conferees immediately after the House decides to go to conference or after the House disposes of the motion to instruct.

If necessary, the chairman of House conferees makes a motion authorizing them to close one or more conference meetings. The motion requires a record 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 on the House floor must be given.

Conferees must reach agreement on all amendments in disagreement between the House and Senate. All conference agreements must remain within the scope of the differences between the House and Senate positions.

A Majority of House conferees and majority of Senate conferees must sign conference report and statement of managers (joint explanatory statement).

CONSIDERING CONFERENCE REPORT

The report must satisfy three-day layover and two-hour availability requirements.

The report is debated and adopted in the House under the hour rule with no amendments in order. One valid motion to recommit is in order if the Senate has not already agreed to the report. House first may vote on a special rule reported by the Rules Committee to protect the conference report against points of order.
DISPOSING OF AMENDMENTS IN DISAGREEMENT
The Speaker directs the Clerk to designate each Senate amendment in disagreement, if any. The Majority floor manager proposes to dispose of the Senate amendment by moving that the House:
1. recede and concur in the Senate amendment, recede and concur with a House amendment to Senate amendment, or
2. insist on its disagreement to Senate amendment.
The motion is debatable under the hour rule and may be subject to division, amendment, or preferential motion.

Amendments in disagreement typically accompany conference reports on appropriations bills. If the Senate rejects the House position, the House acts on further Senate messages.

Note: This only summarizes the most common steps in the process. See House rule XXII and related precedents.