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Summary

Both the House and the Senate have procedures whereby the full bodies may issue instructions to conferees on budget resolutions. Such instructions usually are issued in the form of a motion, but in at least one instance the Senate adopted a simple resolution containing such instructions. If a motion (or resolution) instructing conferees is agreed to, however, the instructions are not binding on the conferees and no point of order would lie against the conference report on the ground that the instructions had been violated. The practices of the House and Senate regarding such motions differ markedly in key respects, including in terms of the frequency and number of motions and the prerogative to offer such motions First, the House resorts to such motions regularly, having considered such motions in 12 of the past 15 years (covering FY1991-FY2005). The House regularly used such motions in earlier years as well. During this period, the Senate instructed its conferees on only one budget resolution, for FY2000. For earlier years, the Senate precedents only cite one instance when budget resolution conferees were instructed. Second, the House usually has considered only one motion per budget resolution, while the Senate considered five motions during consideration of the FY2002 budget resolution. The House considered multiple motions only once, in connection with the FY2005 budget resolution. Finally, the House regards the motion to instruct conferees strictly as a prerogative of the minority party, while the Senate does not. While four of motions considered in the Senate were offered by Members of the minority, one was offered by the chairman of the Senate Budget Committee. In both chambers, the content of a motion may range from a broad statement of policy to a position focused more narrowly on one or a few issues. Further, there is no clear pattern of acceptance or rejection of such motions in either chamber. Finally, motions to instruct conferees are amendable in each chamber. This report will be updated as developments warrant.

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