Amendments in Disagreement (CRS Report for Congress)
| Release Date |
Nov. 3, 2004 |
| Report Number |
98-813 |
| Authors |
James V. Saturno, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
The House and Senate must approve an identical version of a measure before it may be presented for the President's approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. When the differences between the House and Senate are complex or controversial, the two chambers typically attempt to resolve those differences by going to conference.
Not all differences between the House and Senate versions of a measure, however, might be resolved through the conference process. When conferees are unable to resolve differences, they may report back to their respective chambers "in disagreement," so that the House and Senate may then use an exchange of amendments and motions between the houses to resolve outstanding issues. Amendments may be reported back either in true or technical disagreement. If the conferees are unable to reach agreement they may report back in true disagreement, but this is rare in modern practice. If the conferees are able to reach agreement on their substantive differences, but not within the procedural constraints posed by the conference process, reporting back an amendment in technical disagreement may allow them to avoid exposing a conference report to certain potential points of order.
Neither the House or the Senate makes any procedural distinction between amendments in true disagreement and those in technical disagreement. Any procedural option available for disposing of an amendment in true disagreement would also be available for disposing of an amendment in technical disagreement. In most instances, Congress chooses to adopt the agreement negotiated by the conferees rather than to resolve complex disagreements between the House and Senate on the floor. For more on options for considering amendments in disagreement, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses. See http://www.crs.gov/¿products/¿guides/¿guidehome.shtml for more information on legislative process.
