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1 1 (May 19, 2008)

handle is hein.crs/crsaayy0001 and id is 1 raw text is: Order Code 98-708 Updated May 19, 2008 Conference Committee Deliberations Walter J. Oleszek Government and Finance Division The Constitution requires that proposed laws must pass the House and Senate in absolutely identical form before they can be sent to the White House for presidential consideration. Different procedural techniques are used to achieve bicameral ignition, but the one usually employed for controversial measures is to establish a conference committee. Composed of conferees chosen from each chamber - usually from the committee(s) that reported the legislation - the conference committee' s job is to iron out differences when the House and Senate pass dissimilar versions of the same bill. Because conference committees make significant policy decisions, it is little surprise that these bicameral units are sometimes called the third house of Congress. To understand the work of conference committees, it is useful to discuss (1) several features common to inter-chamber negotiations, (2) how conferences are organized, and (3) the authority of conferees. Worth noting is that many lawmakers anticipate that certain legislation will eventually reach the conference committee stage, and they will take purposeful pre-conference actions to bolster their negotiating leverage with the other body. For instance, either chamber may adopt floor amendments that may be used as bargaining material in conference. Common Features Three features commonly influence conference bargaining. First, conferences typically operate in an agreement-oriented context. Conferees are accustomed to the give- and-take, bargains, and trade-offs that characterize inter-chamber negotiations. Second, the general objectives of the conferees are to uphold their chamber's position in conference to the extent practicable, to fashion a compromise agreement that attracts the support of at least a majority of each house's conferees, and, finally, to craft a conference report that will pass the House and Senate and be signed by the President. Third, the conferees from each chamber function under the unit rule. This means that the two houses each have one vote, with a majority in each conference delegation deciding how it is to be cast on the various issues in bicameral disagreement. Often, there is no need for formal votes because conferences may opt to make decisions informally by consensus or through straw votes on issues that might be revisited again during the conference. To be sure, the conference decision that is determinative is when at least a majority of the conferees from each chamber agree to sign the conference report.

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