[Deschler-Brown Precedents, Volume 16, Chapters 32 - 33]
[Chapter 33. House-Senate Conferences]
[D. CONFERENCE REPORTS]
[§ 15. In General]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 659-666]
House-Senate Conferences
D. CONFERENCE REPORTS
Sec. 15. In General
When the House is in session the filing of a conference report is a
matter of high privilege.(1) The rules provide that a conference report
may always be presented (filed) in the House except when the Journal is
being read, while the roll is being called, or when the House is voting
on any proposition.(2) These reports may sometimes be filed when the
House is not in session. The House may grant its consent that a
conference report might be filed until midnight on a particular date,
(3) during an adjournment of the House,(4) or during a recess of the
House.(5)
A conference report must be accompanied by a joint statement explaining
the effect that the agreement contained therein will have upon the
measure to which it relates. In the past separate explanatory
statements were prepared and signed by each set of managers for their
respective Houses. However, the rules now require that these statements
be prepared and signed jointly by the conferees on the part of both
Houses.(6) A point of order will not lie against the report on the
ground that the explanatory statement is insufficient. This is a matter
for the House to determine in its vote on the conference report itself.
(7) These statements may include proposed action on amendments reported
from the conference still in disagreement.(8) On one occasion, the
statement incorporated by reference legislative history contained in
committee reports.(9) The statement of the managers is not read if the
report itself is read(10) but may by
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1. Sec. 16.1, infra.
Precedents included below that relate to limitations on the scope of
reports are further analyzed at the beginning of Sec. 7, supra.
2. Rule XXVIII clause 1(a), House Rules and Manual Sec. 909 (1997).
3. Sec. 16.7, infra.
4. Sec.Sec. 16.9, 16.10, infra.
5. Sec.Sec. 16.10, 16.13, infra.
6. Rule XXVIII clause 1(d), House Rules and Manual Sec. 911 (1997).
This clause was amended by H. Res. 5, 92d Cong. 1st Sess., pursuant to
the Legislative Reorganization Act of 1970, 84 Stat. 1140, Pub. L. No.
91-510, Sec. 125(b)(1) Oct. 26, 1970).
7. Sec. 20, generally, infra.
8. Sec. 20.1, infra.
9. See Sec. 20.2, infra.
10. Sec. 20.7, infra.
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unanimous consent be read in lieu of the report.(11)
Minority views are not included in a conference report,(12) nor may
separate minority statements ac-company a report in addition to or in
lieu of the joint explanatory statement.(13) However, exceptions taken
by certain managers may be indicated in the explanatory statement
(with the approval of the majority of the conferees),(14) or in the
manner in which the conferees sign the report and statement.(15)
Conference reports are printed as reports of the House(16) and both the
report and explanatory statement must be printed in the daily edition
of the Congressional Record for the day on which they are filed.(17)
This requirement does not apply during the last six days of a session,
(18) and may be waived at other times by unanimous consent.(19)
Conference reports must be signed by a majority of the managers on the
part of each House,(20) and the Speaker does not look behind these
signatures to determine whether the report accurately reflects the
conduct and results of a conference.(1)
Minority Views
Sec. 15.1 There is no provision in the rules whereby a minor-ity
member of a conference committee may file minority views on a
conference report, although a Member may present such views
unofficially by extending his remarks in the Congressional Record.
On May 31, 1938,(2) after Mr. Wilburn Cartwright, of Oklahoma, asked
unanimous consent to file a conference report and statement on H.R.
10140, a bill amending the Federal Aid Road Act, the following
proceedings occurred:
MR. [JESSE P.] WOLCOTT [of Michigan]: I understand that one of the
House conferees refused to sign the conference report and expected to
file a
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11. Sec. 20.8, infra.
12. Sec.Sec. 15.1, 20.3, infra.
13. Sec.Sec. 20.3, 20.4, infra.
14. Sec. 20.4, infra.
15. Sec.Sec. 18.6-18.8, infra.
16. Rule XXVIII clause 1(d), House Rules and Manual Sec. 911 (1997).
17. Rule XXVIII clause 2(a), House Rules and Manual Sec. 912 (1997).
18. Id. See Sec. 22.5, infra.
19. Sec. 16.3, infra.
20. Sec.Sec. 18.1, 18.2, infra.
1. Sec.Sec. 18.2-18.4, infra.
2. 83 CONG. REC. 7759, 75th Cong. 3d Sess.
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minority report. My parliamentary inquiry is whether a member of the
conference committee may file a minority report, or whether there is
any provision in the rules covering that matter.
THE SPEAKER:(3) In answer to the parliamentary inquiry of the gentleman
from Michigan, the Chair will state that under the rules there is no
provision whereby a minority member of a conference committee may file
minority views on a conference report.
MR. WOLCOTT: A further parliamentary inquiry, Mr. Speaker.
THE SPEAKER: The gentleman will state it.
MR. WOLCOTT: May a member file a minority report as a part of the
proceedings without having it printed as a part of the conference
report?
THE SPEAKER: The member can extend his remarks in the Record and
present his views, but not officially as a part of the conference
report.(4)
Form of Signature Sheets Showing "Exceptions" From Conference Amendment
in Nature of Substitute
Sec. 15.2 Form of signatures on a conference report where managers
inappropriately expressed their opposition to or exception from certain
parts of the conference agreement in the nature of a substitute.
The signature sheets on this conference report, excerpted from the
Record of Oct. 1, 1992,(5) made it clear that the three exceptions
shown were attributed only to the name which immediately preceded the
parenthetical comment. Since the Senate amendment to which the House
disagreed and sent to conference was an amendment in the nature of a
substitute, exceptions were clearly inappropriate. Managers at a
conference must act on the conference report as a whole, either by
signing to indicate their support or declining to sign to show
opposition to any part thereof. Under precedent (see 8 Cannon's
Precedents Sec. 3302), members of a conference committee may not file
separate views.
From the Committee on Armed Services, for consideration of the House
bill, and the Senate amendment, and modifications committed to
conference:
LES ASPIN,
CHARLES E. BENNETT, G. V. MONTGOMERY. . .
LARRY J. HOPKINS
(except for Sec. 807
on Mentor-Protege
and Sec. 1364 on the
Landmine Morato-
rium),
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3. William B. Bankhead (Ala.).
4. See also 95 CONG. REC. 7096, 81st Cong. 1st Sess., June 1, 1949.
5. 138 CONG. REC. 29891, 102d Cong. 2d Sess.
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[[Page 662]]
BOB DAVIS,
DUNCAN HUNTER
(except for Secs. 232
and 234 related to
SDI),
DAVID O'B. MARTIN. . .
ARTHUR RAVENEL, Jr.,
ROBERT K. DORNAN
(except for Secs. 232
and 234 related to
SDI).
Conference Reports Not Printed in Senate
Sec. 15.3 In the Senate, the requirement of the Legislative
Reorganization Act of 1970 that conference reports be printed in both
Houses is waived by unanimous consent; consequently, the Senate works
from the House printing of such a report.
In the House, the requirement of the Legislative Reorganization Act of
1970 that conference reports be printed "as a report of the House" is
incorporated in Rule XXVIII clause 1(d).(6) The official papers on a
conference report still, of course, reflect the joint action and
signatures of managers from both Houses.(7)
PRINTING OF CONFERENCE REPORTS
MR. BAKER: Mr. President, I ask unanimous consent that, notwithstanding
the provisions of the Legislative Reorganization Act, conference
reports and statements accompanying them not be printed as Senate
reports when such conference reports and statements have been printed
as a House report, unless specific request is made in the Senate in
each instance to have such a report printed.
THE PRESIDENT PRO TEMPORE: Without objection, it is so ordered.
Sec. 15.4 Although the Senate rules require the printing of conference
reports and the accompanying statements, this requirement is routinely
waived, in each Congress, by a unanimous-consent request which aborts
the printing requirement for the Congress in question whenever the
House has printed the report.
The request, as stated and agreed to in the Senate on Jan. 5, 1993,(8)
is carried here.
PROVISIONS REGARDING CONFERENCE REPORTS AND STATEMENTS
MR. [GEORGE J.] MITCHELL [of Maine]: Mr. President, I ask unanimous
consent that, notwithstanding the provisions of rule XXVIII, confer-
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6. House Rules and Manual Sec. 911 (1997).
7. 127 CONG. REC. 11, 12, 97th Cong. 1st Sess., Jan. 5, 1981.
8. 139 CONG. REC. 9, 103d Cong. 1st Sess.
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ence reports and statements accompanying them not be printed as Senate
reports when such conference reports and statements have been printed
as a House report unless specific request is made in the Senate in each
instance to have such a report printed.
Unusual Form of Conference Report To Simplify House Floor Procedure
Sec. 15.5 Form of conference report on a general appropriation bill
where there were 132 Senate amendments, all wrapped inside the report
as one motion to recede and concur with one nongermane amendment.
This rather artificially constructed conference report would have been
susceptible to points of order under several House rules, since it
included in the agreed upon text legislative and unauthorized
provisions. The motion to recede and concur in the final Senate
amendment in disagreement would have been subject to attack under Rule
XXVIII clause 4.(9) The procedure did have the advantage of reducing
the number of debatable motions and the time required to conclude
consideration of the conference agreement.
The pertinent proceedings as excerpted from the Record of June 30,
1993,(10) are set out below.
CONFERENCE REPORT ON H.R. 2118, MAKING SUPPLEMENTAL APPROPRIATIONS FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1993
Mr. [William H.] Natcher [of Kentucky] submitted the following
conference report and statement on the bill (H.R. 2118) making
supplemental appropriations for the fiscal year ending September 30,
1993, and for other purposes:
CONFERENCE REPORT (H. REPT. 103-165)
The committee of conference on the disagreeing votes of the two Houses
on the amendments of the Senate to the bill (H.R. 2118) "making
supplemental appropriations for the fiscal year ending September 30,
1993, and for other purposes," having met after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its amendments numbered 1 through 131.
That the House recede from its disagreement to the amendment of the
Senate numbered 132, and agree to the same with an amendment, as
follows:
Strike all after the enacting clause and insert the following:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated,
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9. See House Rules and Manual Sec. 913b (1997).
10. 139 CONG. REC. 14935, 14936, 14942, 103d Cong. 1st Sess.
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[[Page 664]]
to provide supplemental appropriations for the fiscal year ending
September 30, 1993, and for other purposes, namely:
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOOD SAFETY AND INSPECTION SERVICE
Salaries and Expenses
For an additional amount for "Salaries and Expenses", $4,000,-000. . .
.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE . . .
Report language included by the House in the report accompanying H.R.
2118 (H. Rept. 103-91) and the report accompanying H.R. 2244 (H. Rept.
103-105) which is not changed by the report of the Senate (S. Rept.
103-54), and Senate report language which is not changed by the
conference are approved by the committee of conference. The statement
of the managers while repeating some report language for emphasis, is
not intended to negate the language referred to above unless expressly
provided herein.
Amendment Nos. 1-131: The Senate receded on amendments 1 through 131.
Material in these amendments is addressed in Amendment 132.
Amendment No. 132: Deletes language proposed by the Senate and strikes
all after the enacting clause and inserts substitute bill text
described as follows: . . .
A Conference Report Is Not Amendable
Sec. 15.6 A conference report under consideration is not subject to
amendment; and the Chair has refused to recognize for a unanimous-
consent request to strike a provision carried in such a report.
A conference report is in the nature of a contract or agreement between
the managers from the two Houses, and neither House can unilaterally
alter the content where the report has been filed and is under
consideration. The proceedings of Oct. 27, 1990,(11) touch on this
principle.
MR. [SIDNEY R.] YATES [of Illinois]: Mr. Speaker, pursuant to the rule,
I call up the conference report on the bill (H.R. 5769) making
appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1991, and for other purposes.
The Clerk read the title of the bill.
THE SPEAKER PRO TEMPORE:(12) Pursuant to House Resolution 542, the
conference report is considered as having been read.
The gentleman from Illinois [Mr. Yates] will be recognized for 30
min-
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11. 136 CONG. REC. 36891, 36901, 101st Cong. 2d Sess.
12. G. V. (Sonny) Montgomery (Miss.).
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utes, and the gentleman from Ohio [Mr. Regula] will be recognized for
30 minutes.
The Chair recognizes the gentleman from Illinois [Mr. Yates]. . . .
MR. [STEVE] BARTLETT [of Texas]: Mr. Speaker, I thank the gentleman for
yielding me this time.
Mr. Speaker, I ask unanimous consent to strike from the bill the two
unauthorized specially designated metal casting centers referred to in
amendment No. 158 previously noted.
MR. [LES] AUCOIN [of Oregon]: Mr. Speaker, I object.
MR. YATES: Mr. Speaker, I object.
THE SPEAKER PRO TEMPORE: The Chair does not entertain that request. The
Chair does not recognize for that purpose anyway.
The gentleman is out of order.
Form of Conference Report Where House Recedes From Its Amendments
Sec. 15.7 Example of a conference report and statement where the House
receded from its amendments to a Senate bill.
Where the House recedes from its amendments to a Senate bill, the
measure is passed. However, the conference report cited here, on S.
429, the Consumer Protection Against Price Fixing Act, was rejected
when called up on June 22, 1992.(13)
CONFERENCE REPORT ON S. 429, CON-SUMER PROTECTION AGAINST PRICE FIXING
ACT OF 1991
Mr. [Jack] Brooks [of Texas] submitted the following conference report
and statement on the Senate bill (S. 429) to amend the Sherman Act
regarding retail competition:
CONFERENCE REPORT (H. REPT. 102-605)
The committee of conference on the disagreeing votes of the two Houses
on the amendments of the House to the bill (S. 429), to amend the
Sherman Act regarding retail competition, having met, after full and
free conference, have agreed to recommend and do recommend to their
respective Houses that the House recede from its amendments . . .
JACK BROOKS,
DON EDWARDS,
MIKE SYNAR,
Managers on the Part of the House.
JOE BIDEN,
TED KENNEDY,
HOWARD M. METZENBAUM,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE . . .
For the text of S. 429 as it passed the Senate, see Congressional
Record of October 10, 1991, page H7756.
JACK BROOKS,
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13. 138 CONG. REC. 15659, 102d Cong. 2d Sess.
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DON EDWARDS,
MIKE SYNAR,
Managers on the Part of the House.