[Deschler-Brown Precedents, Volume 16, Chapters 32 - 33]
[Chapter 33. House-Senate Conferences]
[D. CONFERENCE REPORTS]
[Â§ 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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[[Page 660]]

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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[[Page 661]]

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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[[Page 663]]

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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[[Page 665]]

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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[[Page 666]]

DON EDWARDS,
MIKE SYNAR,
Managers on the Part of the House.